gisw13_chapters

CONGO, REPUBLIC OFWomen’s rights and access to the internetAZUR DéveloppementRomeo Mbengouwww.azurdev.orgIntroductionThe internet is an important resource that allowsindividuals in general, and women in particular, to exercisetheir right to free speech, share their opinionsand ideas, develop new skills and understanding,and share information. Internet access allows womento participate in the information society, exercisetheir rights as citizens, access information abouthealth care and other services, form communities,engage in both the formal and informal processes ofshaping their social, cultural, and political lives, andconstruct movements for their own rights.However, in recognising the role of the internet inthe empowerment of women in the West, one mightask if the internet plays the same role for womenand girls in African countries, such as the Republicof Congo.Before responding to this question later onin the report, it is first important to specify howmany internet subscribers there are in the Congo.According to the Agency of Regulation of Post andElectronic Communications (ARPCE), there wereapproximately 15,000 subscribers in 2009 out ofan estimated population of four million. Additionally,ARPCE indicates that there are 4.3 millionmobile phone subscribers accessing internetservice through the four telecommunication companiesin the country.This study examines how information and communicationstechnologies (ICTs), especially theinternet, are used to both promote and defend therights of women, as well as to support their fight forequality and the end of social, economic, culturaland political inequalities. What are the challengesthat are facing women and their organisations?Analysis of legislation relating to ICTsand women’s rightsFor the purposes of this report, it is important tounderstand how the legal framework relates toICTs, as well as how it relates to the protection ofwomen’s rights.The legal framework for ICTsCurrently, Law No. 9-2009 of 25 November 2009,which regulates the electronic communicationssector, is the only one that relates to ICTs. This lawdescribes the conditions for the installation anduse of electronic communication services and networks.Article 6 of the law specifies that electroniccommunication activities may be carried out freelyas long as they strictly respect the conditions of thelegislation.Article 85 of the same law states that the publicpowers shall guarantee the necessary conditionsfor developing universal access and service. Tothis end, the Republic of Congo adopted a nationalpolicy on the development of ICTs. Law No. 11-2009also created an agency that regulates electroniccommunication.Other laws are currently in the works; these includea law that would protect personal data in theRepublic of Congo, a law on cyber security, a law tocombat cyber crime, and a law on the digital economy.A national high-speed internet developmentplan is also in the offing.The legal framework for women’s rightsWith respect to legislation on women’s rights, it isimportant to emphasise that different laws coverdifferent aspects. These include a law from 17 October1984 establishing the Family Code, the PenalCode of 1810, a law from 14 June 2010 on the protectionof children, a law from 25 February 2011 thatpromotes and protects the rights of indigenouspopulations, and a law from 3 June 2011 that supportsthe fight against HIV/AIDS and protects therights of those living with HIV. Drafts of other lawsare underway, such as a law on gender parity. Nospecific law exists on violence against women andgirls, and the texts that do touch on the subject,notably the penal code dating from 1810 and thefamily code of 1984, no longer correspond to thecurrent realities of our society.Pertinent questions on women’s rightsThe women’s movement can be considered as theensemble of groups and networks of women whohave fought in the political, social and economicspheres for the empowerment of Congolese women103 / Global Information Society Watch