Democratic Republic of Congo

1.1 What is the total population of the DRC?

Demographic indicators are based on a mix of information gathered from the estimated population as well as statistics on births, deaths, marriages, and divorces.

Since 1984, there has never been a census of the entire population of the DRC; instead, estimates have been used in recent years.

According to the UN, the estimated population of the DRC is 112.8 million people,1 of which 50,4 per cent are women.2

1.2 Describe the methodology used to obtain the statistical data on the prevalence of disability in the DRC. What criteria are used to determine who falls within the class of persons with disabilities in the DRC?

Few statistics have been developed in the DRC, and at present, only weekly documented surveys conducted by national and international organisations for persons with disabilities on a portion of the country have served to represent persons with disabilities.

1.3 What is the total number and percentage of persons with disabilities in the DRC?

The DRC has a severe deficiency of official, reliable, and consolidated disability data. Different studies and reports have estimated that between 7.4 million (11 per cent) and 13 million (or 18 per cent) of the population in the DRC are disabled.3

1.4 What is the total number and percentage of women with disabilities in the DRC?

There are no reliable national statistics on the number and percentage of women with disabilities. However, local studies have highlighted their vulnerability. For example, a study conducted in the North Kivu province discovered that women had a higher prevalence of disabilities.4 Statistics determining the precise proportion of women with disability in the DRC are lacking. The estimated

number of persons with disabilities is at least 13 million5 and they make up around 13,7 per cent of the population of the DRC.

1.5 What is the total number and percentage of children with disabilities in the DRC?

Similarly, it is difficult to obtain accurate national figures for children with disabilities. According to a 2013 Demographic and Health Survey, up to 35 per cent of children aged two to nine in the DRC may have some form of physical or learning disability.6 According to a more recent, quick assessment conducted in the Sud-Kivu, at least ten per cent of children have a disability. 7

Currently, there are no statistics that can be used to determine the precise percentage of children with disabilities in the DRC. According to Handicap International, approximately 300 000 children have moderate to severe disabilities.8

The DRC’s lack of reliable and up-to-date disability statistics is a significant impediment to effective planning and monitoring of legal and policy provisions for this vulnerable group of people.

1.6 What are the most prevalent forms of disability and/or peculiarities to disability in the DRC?

Types of disabilities identified according to the study conducted in Kinshasa and in several provinces of the DRC are:9

• Intellectual or developmental disability.
• Hearing disability.
• Visual disability.
• Motor disability.
• Autism.
• Psychosocial disability.
• Degenerative diseases.
• Albinism.

2. The DRC’s international obligations

2.1 What is the status of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in the DRC? Has the DRC signed and ratified the CRPD? Provide the date(s).

The DRC ratified the CRPD and its Optional Protocol on 30 September 2015, without any objections or interpretive statements.10

The law ratifying the CRPD and its Optional Protocol was promulgated by Law 13/024 by the DRC President.11

2.2 If the DRC has signed and ratified the CRPD, when is/was its country report due? Which government department is responsible for submission of the report? Did the DRC submit its report? If so, and if the report has been considered, indicate if there was a domestic effect of this reporting process. If not, what reasons does the relevant government department give for the delay?

Although the DRC has ratified the CRPD and its Optional Protocol, it has not yet submitted an initial report under the CRPD.12 In addition, the DRC submitted a Periodic Report to the African Commission on Human and Peoples’ Rights on the implementation of the African Charter on Human and Peoples’ Rights from 2008 to 2015 (11th, 12th and 13th Periodic Reports) and of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women from 2005 to 2015 (Initial Report and 1st, 2nd and 3rd Periodic Reports). The Report included the protection of women with disabilities.13

2.3 While reporting under various other United Nations instruments, under the African Charter on Human and Peoples’ Rights, or the African Charter on the Rights and Welfare of the Child, did the DRC also report specifically on the rights of persons with disabilities in its most recent reports? If so, were relevant concluding observations adopted? If relevant, were these observations given effect to? Was mention made of disability rights in the DRC’s UN Universal Periodic Review (UPR)? If so, what was the effect of these observations/recommendations?

The DRC has submitted Periodic Reports to UN treaty bodies which were examined by Human Rights Committees on 16 and 17 October 2017, such as the Committee on the Rights of the Child and the Committee on Economic, Social and Cultural Rights, which have included information on the situation of persons with disabilities in the country.14 The treaty bodies, in their Concluding Observations, made specific recommendations to the DRC regarding the implementation of the rights of persons with disabilities, particularly in the areas of accessibility, education, employment, and social participation. The bodies recommended that the DRC take measures to combat discrimination against persons with disabilities, improve the accessibility of buildings and transportation, ensure access to inclusive education, and promote employment for persons with disabilities.

The DRC is a party to six of the nine core international human rights instruments. In addition to these instruments, the DRC is also a party to other international agreements, including the Rome Statute of the International Criminal Court and the Geneva Conventions on international humanitarian law. There have been delays in the submission of its Periodic Reports to the treaty bodies. The DRC submitted its UPR on 1 May 2019 with 239 recommendations. In 2022, the country submitted an interim national report. From November 4 to 15, 2024 in Geneva, the DRC submitted the national report pursuant to Human Rights Council Resolutions 5/1 and 16/21.15 This report mentioned the rights of persons with disabilities, the rights of the child, women’s rights and the rights of vulnerable groups.

2.4 Was there any domestic effect on the DRC’s legal system after ratifying the international or regional instruments in 2.3 above? Does the international or regional instrument that has been ratified require the DRC’s legislature to incorporate it into the legal system before the instrument can have force in the DRC’s domestic law? Have the DRC’s courts ever considered this question? If so, cite the case(s).

Following its accession to the CRPD in 2015, the DRC took a major step towards aligning its domestic legislation with its international commitments. The most significant national outcome was the adoption of National Disability Law 22/003 on the Protection and Promotion of the Rights of Persons with Disabilities, promulgated in 2022.16 This law is a direct result of the DRC’s accession to the CRPD and aims to incorporate the Convention’s principles, providing a solid legal foundation for the protection of the rights of persons with disabilities in the country.17

For an international treaty to be enforceable under the DRC’s legal system, it is not strictly necessary for the legislature to include it in a distinct domestic law. An essentially monist system is established by the 2006 Constitution, which means that domestic and international law are regarded as belonging to the same legal system. In the DRC, the monist theory prevails, meaning that ratified treaties are deemed to be an integral part of domestic law.18 This means that, in principle, a treaty ratified by the DRC has superior authority over domestic law and can be invoked by the courts.

There has been little direct application of international treaties by DRC domestic courts, and they have frequently refrained from making direct decisions on the matter.19 The exact application of article 215 has not been decided with authority, and scholarly analysis shows that cases involving the direct effect of international law are uncommon. Despite this general reluctance, there are notable exceptions, particularly within military courts. In two well-known cases dating from 2006, military judges directly applied the provisions of the Rome Statute of the International Criminal Court, invoking the authority of article 215 of the Constitution.20

2.5 With reference to 2.4 above, has the CRPD or any other ratified international instrument been domesticated? Provide details.

Pursuant to the abovementioned monism theory, any treaty ratified or acceded to by the DRC is automatically incorporated into domestic law and may be immediately invoked before the courts if all or part of its provisions are self-executing, except for provisions that require legislative intervention to make them applicable in domestic law (implementing legislation passed by Parliament). For example, in Congolese criminal law, there was no separate offence defining and punishing torture. However, following the DRC’s accession to the Convention against Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment, it was necessary to amend the penal code to introduce a new offence punishing torture, a 2006 law whose definition refers verbatim to article 1 of the Convention against Torture.

The DRC, having ratified the CRPD, also adopted Organic Law 0°22/003 of 3 May 2022, on the protection and promotion of the rights of persons with disabilities. This Organic Law has a dual advantage:

• That of legally complying with the international instruments to which the DRC has acceded, relating to the protection and promotion of persons with disabilities, in particular: the Universal Declaration of Human Rights of 10 December 1948; Geneva Convention 102 of 28 June 1952, on the minimum standard of social security; the African Charter on Human and Peoples’ Rights; the principles of the Inter-African Conference on Social Welfare; and article 18 of the African Charter on the Values ​​and Principles of Public Service and Administration of 31 January 2011;
• To fill the legal void by establishing the terms of application of the law provided for in article 49 of the Constitution through the creation of an effective framework for the protection and promotion of the rights of persons with disabilities in order to ensure their full participation in national life on the same basis as all other citizens.

3 Constitution

3.1 Does the Constitution of the DRC contain provisions that directly address disability? If so, list the provisions, and explain how each provision addresses disability.

The Constitution of the DRC of 18 February 2006, as amended and supplemented to date by Law 11/002 of 20 January 2011, revising certain provisions of the Constitution of the DRC, addresses in Title II, human rights, fundamental freedoms, and the duties of citizens and the state.

Article 45 of the Constitution of the DRC, on freedom of education, stipulates:

Every person has access to national educational institutions, without discrimination based on place of origin, race, religion, sex, political or philosophical opinions, or physical, mental, or sensory condition, according to their abilities.21

Article 49 of the same Constitution provides: ‘Older persons and persons with disabilities have the right to specific protection measures in accordance with their physical, intellectual, and moral needs.’22

Article 202(35) of the Constitution provides for assistance to veterans and the war-disabled. The state has a duty to promote the presence of persons with disabilities within national, provincial, and local institutions. An organic law establishes the terms for implementing this right.

3.2 Does the Constitution of the DRC contain provisions that indirectly address disability? If so, list the provisions and explain how each provision indirectly addresses disability.

The Constitution, as amended and supplemented to date by Law 11/002 of 20 January 2011, revising certain provisions of the Constitution of the DRC, deals in Title II with human rights, fundamental freedoms, and the duties of citizens and the state. This title enshrines the equality of citizens before the law and establishes the principle of equality and non-discrimination, which may be based on race, tribe, religion, social status, family origin, residence, political beliefs, etc.23

Article 11 states: ‘All human beings are born free and equal in dignity and rights.’ Article 12 adds: ‘All Congolese are equal before the law and are entitled to equal protection of the laws.’24

Article 13:

No Congolese person may, in matters of education and access to public office, or in any other matter, be subject to any discriminatory measure, whether resulting from the law or an act of the executive, on the grounds of their religion, family origin, social status, residence, opinions or political convictions, or membership in a race, tribe, or cultural or linguistic minority.25

Article 16, for its part, goes further, stating:

The human person is sacred. The State has the obligation to respect and protect them. Every person has the right to life, to physical integrity, and to the free development of their personality, with respect for the law, public order, the rights of others, and morality. No one may be held in slavery or in a similar condition. No one may be subjected to cruel, inhuman, or degrading treatment. No one may be subjected to forced or compulsory labour.26

Article 51 should also be added, which states:

The State has the duty to ensure and promote the peaceful and harmonious coexistence of all ethnic groups in the country. It also ensures the protection and advancement of vulnerable groups and all minorities. It ensures their development.27

All these provisions aim to protect the human person, including people with disabilities. The state has established a constitutional and legal framework to protect every human being, without discrimination of any kind.

4 Legislation

4.1 Does the DRC have legislation that directly addresses issues relating to disability? If so, list the legislation and explain how the legislation addresses disability.

Yes, the DRC has legislation that directly addresses disability. National Disability Law 22/003 of 3 May 2022 concerns the protection and promotion of the rights of persons with disabilities. This law was adopted by Parliament with the support of the government.28

Law 09/001 of 10 January 2009, on the protection of children, provides special treatment for children with physical or mental disabilities, including children in a situation that may constitute an obstacle or difficulty to the normal expression of all their physical or mental faculties, including intellectual and cognitive functions, language, motor skills, and social performance.29

In summary, the DRC has established a solid legal framework to protect and promote the rights of persons with disabilities, recognising their specific needs and working towards their inclusion in all aspects of society. The issue is the implementation of the laws and political will.

4.2 Does the DRC have legislation that indirectly addresses issues relating to disability? If so, list the main legislation and explain how the legislation relates to disability.

Currently the principle enshrined in the Constitution and the laws of the Republic is that of equality for all and non-discrimination, recognised for every citizen, including persons with disabilities. In addition, the Law on the Organisation of Presidential, Legislative, Urban, Municipal, and Local Elections guarantees, without discrimination, the right of every citizen of legal age to participate in the country’s political affairs under the conditions set out in the Constitution. This implies that candidates may run regardless of the voting method, with all candidates receiving equal treatment from the state, particularly in the use of the media, equal representation of men and women, and the promotion of persons with disabilities, who must be included on the lists of candidates presented by political parties or groups.30

 5 Decisions of courts and tribunals

5.1 Have the courts (or tribunals) in the DRC ever decided on an issue relating to disability? If so, list the cases and provide a summary for each of the cases with the facts, the decision(s) and the reasoning.

Although the rights of persons with disabilities are guaranteed by article 49 of the Constitution of the DRC, and National Disability Law 22/003 on their protection and promotion was recently adopted, one major obstacle is the dearth of well-known court cases that deal with issues unique to persons with disabilities. In spite of legal frameworks, this situation implies that the judicial system is not effectively implementing and enforcing them, possibly as a result of ingrained prejudice, limited access to justice, and a need for greater public awareness and advocacy over these rights.31

Although the DRC’s courts have jurisdiction to hear disability-related cases, the effective implementation of the rights of persons with disabilities remains a challenge due to poverty, remoteness of jurisdictions, and high legal fees, among other factors. There is no official body specifically dedicated to violations of the rights of persons with disabilities, but the courts are required to rule on cases brought before them.

6 Policies and programmes

6.1 Does the DRC have policies or programmes that directly address disability? If so, list each policy and explain how the policy addresses disability.

The DRC has programmes for persons with disabilities. In order for the Delegate Ministry for Persons with Disabilities to implement the five goals defined below, it has prepared a draft budget in US$ entitled ‘Cost and Funding of the Sectorial Policy’ which is set out as follows:32

Pillar 11 of Point I.3.1 of the Plan national stratégique de développement (PNSD) sets out the necessity for the latter of ensuring ‘an improvement in social conditions: housing, health, education and employment’.33

Pillar 11 of the PNSD advocates ‘access to healthcare for all, as well as guaranteed universal health coverage’.34

Pillars 13 and 14 of the PNSD advocate for ‘overcoming poverty and social marginalization, and the inclusion of vulnerable groups’, as well as ‘the empowerment of women, the promotion of young people and children, and the establishment of a social protection platform’.35

In order for the Delegate Ministry for Persons with Disabilities to implement the five goals defined above, it has prepared a draft budget in US$ entitled ‘Cost and Funding of the Sectorial Policy’ which is set out as follows:

Source: UNPRPD 2022

Due to a lack of financial resources and political will, this programming and budgeting in accordance with the CRPD have remained a dead letter.

6.2 Does the DRC have policies and programmes that indirectly address disability? If so, list each policy and describe how the policy indirectly addresses disability.

Indeed, the DRC has disability-related policies and programmes, though their efficacy varies. In 2022, the country passed its foundational disability law. Programmes such as the National Programme for the Promotion and Protection of the Rights of Persons with Disabilities and the National Disability Law (Law 22/003), which create the framework for promoting and defending rights, are examples of these initiatives. Disability-related issues are directly addressed by the National Disability Law (Law 22/003) of 2022. This groundbreaking law upholds and advances the rights of persons with disabilities in domains like healthcare, education, and anti-discrimination.

By protecting and promoting the rights of persons with disabilities, it indirectly establishes the social and legal foundation for future laws that will directly increase their access to opportunities and services.

The National Programme seeks to promote and protect the rights of persons with disabilities. It implements and enforces the rights outlined in the disability laws. Indirectly, it serves as the law’s operational arm, translating broad principles into concrete actions that can lead to better conditions for persons with disabilities.

Programmes for national vaccination and blindness prevention

The DRC funds these initiatives as a component of larger initiatives to prevent disabilities. It indirectly addresses disability by concentrating on preventing the conditions that cause disability; these programmes lower the prevalence of specific impairments, thereby reducing the need for services associated with those particular disabilities in the future.

The DRC’s policies and programmes, whether in the areas of human rights protection, education, justice, or access to public office, are aimed at all citizens in general, without any discriminatory distinction based on a person’s physical condition.

7 Disability bodies

National networks

• National Council of Disabled People and for Disabled People (CNPH).
• Congolese Federation of People with Disabilities (FECOPEHA).
• National Commission for the Rights of Persons with Disabilities (CRDPH).
• Organization of Persons with Disabilities (OPH).
• Federation of Secular Economic NGOs of Congo (FOLECO).
• National Federation of People with Disabilities of Congo (FENAPHACO).
• Advocacy Consortium on Assistance to Mine Victims and Other People with Disabilities (CPAV).
• Action for Transparent and Peaceful Elections (AETA).
• Congolese Women’s Caucus.
• Consultative Framework for the Integration of People Living with Disabilities (CCIPVH).
• National Network of Human Rights Organizations in Congo (RENADHOC).
• Gathering of Women’s Organizations for Development (ROFED).
• Network of Community Rehabilitation Committees (RCRC).

As they also exist at the regional and international levels:

Networks at the regional and international levels

• Federation of Associations of Women with Disabilities of Central Africa (FEAFHAC).
• Association of Centres for the Disabled of Central Africa (ACHAC).
• World Organization of Disabled People (OMPD).
• UMOJA Network (Great Lakes Region of Africa).
• Africa with Disabilities.
• Hope for Disability.

These organisations and networks work in collaboration with the Congolese government, the UN and other actors to promote the rights and inclusion of persons with disabilities in the DRC.

Recognition and legal status

DPOs in the DRC are recognised by the state through the legal personality granted to them as legal entities.

Access to healthcare

Some organisations, such as Handicap International, are making efforts to improve access to healthcare for persons with disabilities, particularly through medical and psychosocial assistance.

Societal accessibility

Societal accessibility, which includes adapting social spaces and establishing a right to compensation, is an essential pillar of CRPD implementation.

Political and social participation

It is crucial that persons with disabilities be present in national, provincial, and local institutions, and that an organic law defines the modalities for implementing this right. A Ministry in Charge of People living with Handicap is established.

Human rights model

Adopting the human rights model for disability ensures that persons with disabilities are not denied their legal capacity and recognises the importance of disability in their lives.

Access to public buildings

No specific measures regarding access to public buildings for persons with disabilities have been taken to date; even those using wheelchairs often have difficulty accessing them.

Access to public transportation

The same observation as above.

Access to education

The Constitution guarantees access to public education under the same conditions for all citizens, with the same principles of equality and non-discrimination. Article 45 of the DRC Constitution on freedom of education stipulates in its second paragraph:

Every person has access to national educational institutions, without discrimination based on place of origin, race, religion, sex, political or philosophical opinions, physical, mental, or sensory condition, according to their abilities.51

Access to vocational training

There are several schools and institutes throughout the country specialising in training persons with disabilities, either in the public sector, or in churches and private institutions (schools for persons and children with visual, hearing or speech disabilities, etc).

Access to employment

The Constitution guarantees every citizen access to employment under conditions of equality and non-discrimination.

Access to recreation and sports

Sports facilities are generally in the hands of churches, which sometimes organise competitions for persons with disabilities.

Access to justice

Like other citizens, access to justice is guaranteed to everyone under the same conditions of equality and non-discrimination.

Access to healthcare

Access to healthcare, is a real problem for persons with disabilities.

Women with disabilities

The complete lack of reliable and credible statistics makes it difficult to understand the problems that may arise for a specific category of persons with disabilities. Nevertheless, the empowerment of women with disabilities remains a challenge.

Children with disabilities

The same observation applies to children with disabilities as well.

Albinism

The same observation applies to persons with albinism as well.

Others (eg, indigenous populations)

The same observation applies here as well.

12 Future perspective