Sunday, March 29, 2009

Pokemon Dawn Up Skirt

OCTOPUS INTERFACE: Conference on Cybercrime






It was held at the Council of Europe in Strasbourg , of 1O to 11 March 2009 a meeting of 300 experts from five continents whose objective was to strengthen the fight against Cybercrime. The implementation of national legislation to achieve this, appeared necessary in countries where there is this legal vacuum. These would be based on the Convention on Cybercrime to allow proper judicial cooperation at global level.

Mrs. Yvonne Kimbembe, participating in that conference.














Mrs. Margaret Killerby cooépartion-Director, Directorate General of Human Rights and Legal Affairs, Council of Europe ( left) Mr. Alexander Seger Head of Economic Crime Division, Directorate General of Human Rights and Legal Affairs, Council of Europe ( center ) Mrs. Yvonne Kimbembe Advocate General at the Supreme Court of the Republic of Congo ( right).



Participants

http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/cy 20activity%%% 20interface 202009/Interface2009_fr. asp

Pokemon Dawn Up Skirt

OCTOPUS INTERFACE: Conference on Cybercrime






It was held at the Council of Europe in Strasbourg , of 1O to 11 March 2009 a meeting of 300 experts from five continents whose objective was to strengthen the fight against Cybercrime. The implementation of national legislation to achieve this, appeared necessary in countries where there is this legal vacuum. These would be based on the Convention on Cybercrime to allow proper judicial cooperation at global level.

Mrs. Yvonne Kimbembe, participating in that conference.














Mrs. Margaret Killerby cooépartion-Director, Directorate General of Human Rights and Legal Affairs, Council of Europe ( left) Mr. Alexander Seger Head of Economic Crime Division, Directorate General of Human Rights and Legal Affairs, Council of Europe ( center ) Mrs. Yvonne Kimbembe Advocate General at the Supreme Court of the Republic of Congo ( right).



Participants

http://www.coe.int/t/dghl/cooperation/economiccrime/cybercrime/cy 20activity%%% 20interface 202009/Interface2009_fr. asp

Thursday, March 19, 2009

Diagram Of 15 Year Old Penises

16 days of activism against violence against women

I thank Ms. Cyndi GREGG representative of Ambassador of the United States of America Congo , for the opportunity today to make this presentation on Human Rights Women in the Republic of Congo . Being a

chat discussions that took place on November 25, 2007 Day declared globally as the International Day the elimination of violence against women, I will briefly mention a few essential rights that are generally subjected to violence both physical and legal on the part of both men and women who deserve to be considered over the means to eliminate the power in our society.

Part 1: VIOLENCE RELATED QUALITY OF WOMEN

These are numerous, they are of all kinds: family, sexual, social. They are exercised on them, against them by men or even women.

At the family level: it all starts at birth. In many customs that a wife gives birth to a daughter is considered a disgrace to the husband who, after 3-4 births have hoped for a boy to carry the surname of the father. It will be established an atmosphere of desolation, insults to the woman standing in the long run lead to the husband taking a second wife in the hope that it will give the boys as he wishes. You can understand the moral violence experienced this mother and her daughters with respect to this father and in-laws who will harp on the past making them an object of reproduction (the mother) and sub-humans (for girls). This kind of violence we encounter in many illiterate people can not disappear with the contribution of men and women who operate in association whose purpose is to defend human rights. Indeed, they are better placed as the doctors to explain the phenomenon that led to the birth of a daughter or that of a boy in a couple.

We all know that the right to education is a fundamental right recognized by our constitution of 20 January 2002 as well as multiple international treaties, many of these are girls who are devoted to domestic work, rural school in defiance of making them literate lifetime. When we see the regret they lodge to adulthood have not been educated, we can say that they are victims of violence as a moral woman who can neither read nor write is often subject to abuse for which she prefers to resign rather than speak to the appropriate person to seek redress.

family in many cases is the structure within which it exercises that forced marriages are another kind of violence to many minor. In these cases it is not that fathers who are forcing teenage girls to marry adults. Mothers, who should oppose it because of all they endured with the tradition in their marriage, are the first to force their daughter to marry or to save their homes, either to obtain the material means son able to improve their living conditions.

You notice that not only men who abuse their daughters, mothers do the same. All the adverse effects caused by these forced marriages are punishable by law. We must help these young girls to expose them, and especially to get their annulment from the courts when it comes to marriage vital.

For legal solutions, a great work of education must be made in respect of these parents to include thé disastrous consequences of such early marriages of minors that can lead to death.

The constitution of January 20, 2002 recognizes the woman the freedom of thought, conscience and religion, assembly and association . It's in the realization of human rights that occur often contradictions between the husband and qu'interviennent physical violence by the husband against his wife. There are many cases without providing you with comprehensive statistics on this kind of violence I can assure you that this is the daily violence to which women have recourse to the legal clinic Bacongo not to help them file complaints with courts but rather to ask for our help so that our intervention may allow the spouse or even friends to be understanding about it. These behaviors of women that are shared between the desire to keep their homes and avoiding the punishment of those who are perpetrators of physical violence afflict us. When the facts are very serious and that we insist on an appeal to recent attack on judges, even refusing to appear to clarify the facts. All this means that impunity as condemned by many people at this level does not come from judges but from the woman herself.

We also causing bodily injury causing death without intent to give (the poorly made abortions leading to death). Mostly they are girls who are left with pregnancies whose fathers refuse paternity, or they ask the girl to interrupt the pregnancy, or is the girl who is not sure when the relationship that she has with this man decides to abort. This is a crime for which the lover who gave money to the said practice is condemned abortion and the doctor or midwife who has practiced for a felony. Experience has shown that when there's death girl no autopsy is done to confirm the link between death and abortion was done, hence we know the acquittals in the criminal courts where such evidence is lacking.

With all the consequences that such causes of abortions, I would advise girls to avoid them as an adult when they find a husband, they are sterile and accuse the uncles and aunts to be the authors of their infertility because they are witches. Finally we

sexual violence including rape committed by a third party, and those committed by spouses. For the former, Women confide easily with people they believe that interventions can protect them from certain diseases, namely HIV / AIDS. My experience at the association is that the victims are ashamed to speak for not being singled out by society on the one hand, on the other hand, the relevant proceedings are public, it would be appropriate with the revision of the Code of Criminal Procedure, which is currently reflecting on the possibility of introducing the closed doors where it is a rape case.

Regarding rape between spouses who are related to the conception that man has of his wife, but rather an educational work must be done to the couple. From my experience of the courts, associations of my life, very few women who enter the court to complain of rape by their husbands because women generally have to be afraid of being abandoned by him, or they fear that the husband from the marital home.

We also found an increase in incest vis-à-vis the minor . We believe these actions that traumatize children should be denounced by any person who knows the area so that the perpetrators could be severely punished. To get penalties should I repeat and insist the report from prosecutors who have skills to make investigations. In case this sounds difficult legal clinic based at the cathedral Bacongo will help you do so.

We will finish by the violence in the family know that the majority of widows upon the death of their spouse and upon liquidation of the estate. It is appropriate that with everything we find that women victims of such to denounce the actions that the court level, they are remisent their rights, especially violence that in turn these are experienced by orphans.

Finally a woman is entitled to an occupation. At this level it is experiencing both the violence of his employer about the harassment, as those of her husband who arranges for offensive behavior to lead to depression. While harassment is not punishable under our criminal code, which is currently under review. The woman has the opportunity to seize the Crown which, by the powers he has, will understand the employer What are its limits in terms of employment. What has been said is valid for students and student victims of sexual harassment. Many students and those students who complain about the behavior of their teachers, we are shocked by this phenomenon which is destroying our children and especially a blow to the future of our country. We are ready to receive you while reassuring you that our numerous contacts with the supervisors of these teachers have put an end to these practices.

Given this situation what should we do? It is time that we take advantage of this campaign "16 Days of Activism violence against women "who said violence a question of human rights to address the issue of violence with proper remedies that take into account our particular sociology.

Part 2: PROPOSALS

The seriousness of the phenomenon of violence against women must call from us very strong responses. We can not talk about a fairly if we do not have good statistical knowledge of various forms of violence in our country. Thanks to the characterization of different types of violence with numbers provided by them studies that we can increase awareness and especially to adapt measures to the facts. However until these studies we need to improve prevention through awareness of society and especially the prevention of recidivism. All means must be used: the media raids in neighborhoods, in services, university, schools, markets, churches etc..

Better protection of victims should be provided with many facilities for receiving the abused women and their children . Finally, we propose a better coordination of actors and relays throughout the country that will allow different departments to have people able to meet the needs of victims.

Ladies and gentlemen I thank you and that starts the campaign "16 days of activism against violence against women."


Yvonne Kimbembe
Advocate General at the Supreme Court of Congo
President of the Review Board of the Family Code

Diagram Of 15 Year Old Penises

16 days of activism against violence against women

I thank Ms. Cyndi GREGG representative of Ambassador of the United States of America Congo , for the opportunity today to make this presentation on Human Rights Women in the Republic of Congo . Being a

chat discussions that took place on November 25, 2007 Day declared globally as the International Day the elimination of violence against women, I will briefly mention a few essential rights that are generally subjected to violence both physical and legal on the part of both men and women who deserve to be considered over the means to eliminate the power in our society.

Part 1: VIOLENCE RELATED QUALITY OF WOMEN

These are numerous, they are of all kinds: family, sexual, social. They are exercised on them, against them by men or even women.

At the family level: it all starts at birth. In many customs that a wife gives birth to a daughter is considered a disgrace to the husband who, after 3-4 births have hoped for a boy to carry the surname of the father. It will be established an atmosphere of desolation, insults to the woman standing in the long run lead to the husband taking a second wife in the hope that it will give the boys as he wishes. You can understand the moral violence experienced this mother and her daughters with respect to this father and in-laws who will harp on the past making them an object of reproduction (the mother) and sub-humans (for girls). This kind of violence we encounter in many illiterate people can not disappear with the contribution of men and women who operate in association whose purpose is to defend human rights. Indeed, they are better placed as the doctors to explain the phenomenon that led to the birth of a daughter or that of a boy in a couple.

We all know that the right to education is a fundamental right recognized by our constitution of 20 January 2002 as well as multiple international treaties, many of these are girls who are devoted to domestic work, rural school in defiance of making them literate lifetime. When we see the regret they lodge to adulthood have not been educated, we can say that they are victims of violence as a moral woman who can neither read nor write is often subject to abuse for which she prefers to resign rather than speak to the appropriate person to seek redress.

family in many cases is the structure within which it exercises that forced marriages are another kind of violence to many minor. In these cases it is not that fathers who are forcing teenage girls to marry adults. Mothers, who should oppose it because of all they endured with the tradition in their marriage, are the first to force their daughter to marry or to save their homes, either to obtain the material means son able to improve their living conditions.

You notice that not only men who abuse their daughters, mothers do the same. All the adverse effects caused by these forced marriages are punishable by law. We must help these young girls to expose them, and especially to get their annulment from the courts when it comes to marriage vital.

For legal solutions, a great work of education must be made in respect of these parents to include thé disastrous consequences of such early marriages of minors that can lead to death.

The constitution of January 20, 2002 recognizes the woman the freedom of thought, conscience and religion, assembly and association . It's in the realization of human rights that occur often contradictions between the husband and qu'interviennent physical violence by the husband against his wife. There are many cases without providing you with comprehensive statistics on this kind of violence I can assure you that this is the daily violence to which women have recourse to the legal clinic Bacongo not to help them file complaints with courts but rather to ask for our help so that our intervention may allow the spouse or even friends to be understanding about it. These behaviors of women that are shared between the desire to keep their homes and avoiding the punishment of those who are perpetrators of physical violence afflict us. When the facts are very serious and that we insist on an appeal to recent attack on judges, even refusing to appear to clarify the facts. All this means that impunity as condemned by many people at this level does not come from judges but from the woman herself.

We also causing bodily injury causing death without intent to give (the poorly made abortions leading to death). Mostly they are girls who are left with pregnancies whose fathers refuse paternity, or they ask the girl to interrupt the pregnancy, or is the girl who is not sure when the relationship that she has with this man decides to abort. This is a crime for which the lover who gave money to the said practice is condemned abortion and the doctor or midwife who has practiced for a felony. Experience has shown that when there's death girl no autopsy is done to confirm the link between death and abortion was done, hence we know the acquittals in the criminal courts where such evidence is lacking.

With all the consequences that such causes of abortions, I would advise girls to avoid them as an adult when they find a husband, they are sterile and accuse the uncles and aunts to be the authors of their infertility because they are witches. Finally we

sexual violence including rape committed by a third party, and those committed by spouses. For the former, Women confide easily with people they believe that interventions can protect them from certain diseases, namely HIV / AIDS. My experience at the association is that the victims are ashamed to speak for not being singled out by society on the one hand, on the other hand, the relevant proceedings are public, it would be appropriate with the revision of the Code of Criminal Procedure, which is currently reflecting on the possibility of introducing the closed doors where it is a rape case.

Regarding rape between spouses who are related to the conception that man has of his wife, but rather an educational work must be done to the couple. From my experience of the courts, associations of my life, very few women who enter the court to complain of rape by their husbands because women generally have to be afraid of being abandoned by him, or they fear that the husband from the marital home.

We also found an increase in incest vis-à-vis the minor . We believe these actions that traumatize children should be denounced by any person who knows the area so that the perpetrators could be severely punished. To get penalties should I repeat and insist the report from prosecutors who have skills to make investigations. In case this sounds difficult legal clinic based at the cathedral Bacongo will help you do so.

We will finish by the violence in the family know that the majority of widows upon the death of their spouse and upon liquidation of the estate. It is appropriate that with everything we find that women victims of such to denounce the actions that the court level, they are remisent their rights, especially violence that in turn these are experienced by orphans.

Finally a woman is entitled to an occupation. At this level it is experiencing both the violence of his employer about the harassment, as those of her husband who arranges for offensive behavior to lead to depression. While harassment is not punishable under our criminal code, which is currently under review. The woman has the opportunity to seize the Crown which, by the powers he has, will understand the employer What are its limits in terms of employment. What has been said is valid for students and student victims of sexual harassment. Many students and those students who complain about the behavior of their teachers, we are shocked by this phenomenon which is destroying our children and especially a blow to the future of our country. We are ready to receive you while reassuring you that our numerous contacts with the supervisors of these teachers have put an end to these practices.

Given this situation what should we do? It is time that we take advantage of this campaign "16 Days of Activism violence against women "who said violence a question of human rights to address the issue of violence with proper remedies that take into account our particular sociology.

Part 2: PROPOSALS

The seriousness of the phenomenon of violence against women must call from us very strong responses. We can not talk about a fairly if we do not have good statistical knowledge of various forms of violence in our country. Thanks to the characterization of different types of violence with numbers provided by them studies that we can increase awareness and especially to adapt measures to the facts. However until these studies we need to improve prevention through awareness of society and especially the prevention of recidivism. All means must be used: the media raids in neighborhoods, in services, university, schools, markets, churches etc..

Better protection of victims should be provided with many facilities for receiving the abused women and their children . Finally, we propose a better coordination of actors and relays throughout the country that will allow different departments to have people able to meet the needs of victims.

Ladies and gentlemen I thank you and that starts the campaign "16 days of activism against violence against women."


Yvonne Kimbembe
Advocate General at the Supreme Court of Congo
President of the Review Board of the Family Code

What Does A Camouflage Karate Belt

positive law of environmental responsibility

I thank Madam Speaker of the association MIBEKO m have invited that day to make this presentation on positive law Congolese environmental responsibility.

As many of our compatriots face are moved to the waste-related pollution of garbage in our capital on the one hand, on the other hand when I see conservationists outraged because my colleagues apply the rule that freedom is the principle, detention is the exception in certain cases of wildlife brought to them. I can not talk about responsibility in this area if I do not give you the different approaches to environmental law, its contents including that provided by our laws, then the penalties incurred by those who break the laws which we will state in our presentation.

The Environmental Law is to study all the legal rules concerning the protection of the environment in all its landforms, natural and cultural, see for example non-terrestrial space law. As we can see through this definition, there is a right cross which includes many sub-branches:

  • those related to elements of the environment: right of air, water law, land law, biodiversity law;
  • those related to human activities: the right of hunting, fishing, energy,
  • those related to activities harmful or polluting: the right noise, right to sanitation, etc.;
  • those related to a particular object: right to the protection of nature, right chemicals, waste law, law sites, historic monuments;
  • those related to an economic sector: agriculture, industry etc.We can we account for the extreme technicality of environmental law at the crossroads of goods from other legal disciplines.

Our positive law enshrines in the Constitution of 20 January 2002, the various treaties ratified by our country, the Environmental Code and other laws.

PART 1: THE ENVIRONMENTAL LAW IN THE LEGAL CONGOLESE

A) THE CONSTITUTION

Our constitution of January 20, 2002 was intended in Articles 35, 36, 37, 38 and 39. Indeed, it provides in article 35 that every citizen has a right to decent environment and sustainable and has the duty to defend.

The State shall protect and conserve the environment. I'll go further with Article 36 which states: "The conditions of storage, handling, incineration and disposal of toxic waste and radioactive pollutants from factories and other industrial or craft installed on the national territory are fixed by law. Article 37 of our constitution criminalizes punishable transit, import, storage, disposal, discharge into inland waters and the maritime areas under national jurisdiction, the application in the airspace of toxic pollutants, radioactive waste or other hazardous material from abroad or not. When discussing the notion of crime, we realize that we are criminal. Our constitution defines certain offenses refers to the sentencing law, in this case to the Criminal Code. Many of you will say that the applicable criminal code currently in our country date of Equatorial Africa and French and has not provided the penalties relating to environmental law. We can reassure you since there is a drafting committee of the penal code, which I am sure will find appropriate legal solutions to these environmental issues that concern us all. Meanwhile the victims of damage due to non compliance with legal rules laid down in the environment could enter the civil court to claim damages due to injuries they have suffered. This will depend on the case if the State has failed in its role of protecting its citizens' civil liability is incurred.

Sections 40 and 41 of our constitution provides as follows: " Every citizen has the right to petition the appropriate organs of the state. In case of damage from the administration, the citizen has the right to sue. In addition to the constitution and treaties ratified by the Congo, we have the environmental code.

Given the time allotted, I had a choice of legislation for which I felt they reflect the difficulties we are experiencing in the courts and judicial police officers to suppress those who pollute our environment.

B) LAWS

Act No. 003 / 9 1 23 April 91 on environmental protection covers the protection of facilities, protection of fauna and flora and the protection of the atmosphere. We will focus particularly section 39 of that Act which applies generally to facilities operated or owned by any individual or public or private entity that can be dangerous both for the health, safety, public health etc.. This Act prohibits the deposit and the abandonment of urban waste in conditions such that they can develop the disease vectors that are likely to cause damage to persons and property.

Law No. 48/83 of 21 April 1983 establishes the conditions for the conservation of wildlife exploitation.

Law 16/2000 of 20 November 2000 regarding the Forest Code which aims to establish a legal framework and ensure the sustainable management of forests and forest lands.

Law 13/2003 of 10 April 2003 on water code whose purpose is implementation of a policy to ensure a rational policy on water, prevent the harmful effects of water and fight against pollution.

We also engaged Ordinance No. 22-70 on the territorial sea including pollution of the sea, the exercise of maritime fishing. This order was completed in this area by Law No. 2-2000 establishing the organization of maritime fishing. Finally

Law No. 9-2004 of 26 March 2004 Code field of the state. Congolese legislation through all these laws sought to protect the environment. What did he then provided for violations of these statutory provisions?

PART 2: ACTIONS FOR COMPENSATION AGAINST THE OFFENDER

The offender in these cases must be punished, but unlike the General Penal Code, the finding of crimes and their punishment a special character.

A) ACTIONS MADE BY THE AUTHORITIES CONCERNED

responsibility as I have said previously is that of the person who has committed what the law forbade him to do, but research and detection of crime or their prosecution are conducted by sworn officers of the waters and forests with respect to offenses related thereto, by the maritime authority empowered to do so. For maritime offenses parallel to them, the police officers of the police and gendarmerie are authorized to establish such offenses. These are by minutes or by witnesses. However the decision to prosecute in respect of waters and forests up to the agents involved in the environmental field who have the power to prosecute, it is usually the Secretary General or the Directors of the Central Water Authority and forests in conjunction with the prosecutor. By cons regarding marine fisheries the decision to prosecute belongs to the prosecutor.

From these explanations, we conclude that the Act has made it possible for these different jurisdictions to deal with the offender, this has the consequence that its liability in criminal court is not at all engaged. The government certainly prefer that the transaction they make quick money in their coffers.

It is also worth noting that these people who post illegal behavior are also reprimanded at those jurisdictions that they are forbidden to carry out the activity for which they had obtained the license to the level it has without need to go through the courts.

B) ACTIONS IN THE COURTS

THE RESPONSIBILITY OF THE CRIMINAL OFFENDER

We affirm, however, that the few cases that have been brought before our courts have been tried according to law . The defendants were given sentences which certainly did not always have the consent of those who defend the environment, but we remind them that the judge in a case takes into account all elements of the case to convict the accused.

THE LIABILITY OF OFFICERS IN CHARGE OF THE ENVIRONMENTAL PROTECTION

This responsibility falls to both natural persons and legal entities are liable for infringements committed by persons under their authority. Many people tend to believe that the Congolese state can not be sued in court to answer for damages caused by his negligence in environmental matters.

We can say that the State must answer for damages caused by the material if it is proved that the damages are related to the injury which it is reported. However the responsibility of the state can not be held in accordance with the procedure laid down in that particular effect, ignorance of it by many of our fellow citizens led to the inadmissibility of their applications.

We will conclude our involvement with the following observation: the awareness of environmental concerns of the Congo is noticeable with the introduction of extensive legislation on the subject on the one hand, on the other hand, by joining many international treaties on environmental law. However management of our environment should be a plural governance where a prominent place must be granted to the people who must be informed through the women and men who have at heart the protection of the environment so that we can live in a healthy environment. We must make it a challenge as we have done in popularizing the family code in this country.

Ladies and gentlemen thank you for your attention.


Yvonne Kimbembe
Advocate General at the Supreme Court of Congo
President of the Review Board of the Family Code

What Does A Camouflage Karate Belt

positive law of environmental responsibility

I thank Madam Speaker of the association MIBEKO m have invited that day to make this presentation on positive law Congolese environmental responsibility.

As many of our compatriots face are moved to the waste-related pollution of garbage in our capital on the one hand, on the other hand when I see conservationists outraged because my colleagues apply the rule that freedom is the principle, detention is the exception in certain cases of wildlife brought to them. I can not talk about responsibility in this area if I do not give you the different approaches to environmental law, its contents including that provided by our laws, then the penalties incurred by those who break the laws which we will state in our presentation.

The Environmental Law is to study all the legal rules concerning the protection of the environment in all its landforms, natural and cultural, see for example non-terrestrial space law. As we can see through this definition, there is a right cross which includes many sub-branches:

  • those related to elements of the environment: right of air, water law, land law, biodiversity law;
  • those related to human activities: the right of hunting, fishing, energy,
  • those related to activities harmful or polluting: the right noise, right to sanitation, etc.;
  • those related to a particular object: right to the protection of nature, right chemicals, waste law, law sites, historic monuments;
  • those related to an economic sector: agriculture, industry etc.We can we account for the extreme technicality of environmental law at the crossroads of goods from other legal disciplines.

Our positive law enshrines in the Constitution of 20 January 2002, the various treaties ratified by our country, the Environmental Code and other laws.

PART 1: THE ENVIRONMENTAL LAW IN THE LEGAL CONGOLESE

A) THE CONSTITUTION

Our constitution of January 20, 2002 was intended in Articles 35, 36, 37, 38 and 39. Indeed, it provides in article 35 that every citizen has a right to decent environment and sustainable and has the duty to defend.

The State shall protect and conserve the environment. I'll go further with Article 36 which states: "The conditions of storage, handling, incineration and disposal of toxic waste and radioactive pollutants from factories and other industrial or craft installed on the national territory are fixed by law. Article 37 of our constitution criminalizes punishable transit, import, storage, disposal, discharge into inland waters and the maritime areas under national jurisdiction, the application in the airspace of toxic pollutants, radioactive waste or other hazardous material from abroad or not. When discussing the notion of crime, we realize that we are criminal. Our constitution defines certain offenses refers to the sentencing law, in this case to the Criminal Code. Many of you will say that the applicable criminal code currently in our country date of Equatorial Africa and French and has not provided the penalties relating to environmental law. We can reassure you since there is a drafting committee of the penal code, which I am sure will find appropriate legal solutions to these environmental issues that concern us all. Meanwhile the victims of damage due to non compliance with legal rules laid down in the environment could enter the civil court to claim damages due to injuries they have suffered. This will depend on the case if the State has failed in its role of protecting its citizens' civil liability is incurred.

Sections 40 and 41 of our constitution provides as follows: " Every citizen has the right to petition the appropriate organs of the state. In case of damage from the administration, the citizen has the right to sue. In addition to the constitution and treaties ratified by the Congo, we have the environmental code.

Given the time allotted, I had a choice of legislation for which I felt they reflect the difficulties we are experiencing in the courts and judicial police officers to suppress those who pollute our environment.

B) LAWS

Act No. 003 / 9 1 23 April 91 on environmental protection covers the protection of facilities, protection of fauna and flora and the protection of the atmosphere. We will focus particularly section 39 of that Act which applies generally to facilities operated or owned by any individual or public or private entity that can be dangerous both for the health, safety, public health etc.. This Act prohibits the deposit and the abandonment of urban waste in conditions such that they can develop the disease vectors that are likely to cause damage to persons and property.

Law No. 48/83 of 21 April 1983 establishes the conditions for the conservation of wildlife exploitation.

Law 16/2000 of 20 November 2000 regarding the Forest Code which aims to establish a legal framework and ensure the sustainable management of forests and forest lands.

Law 13/2003 of 10 April 2003 on water code whose purpose is implementation of a policy to ensure a rational policy on water, prevent the harmful effects of water and fight against pollution.

We also engaged Ordinance No. 22-70 on the territorial sea including pollution of the sea, the exercise of maritime fishing. This order was completed in this area by Law No. 2-2000 establishing the organization of maritime fishing. Finally

Law No. 9-2004 of 26 March 2004 Code field of the state. Congolese legislation through all these laws sought to protect the environment. What did he then provided for violations of these statutory provisions?

PART 2: ACTIONS FOR COMPENSATION AGAINST THE OFFENDER

The offender in these cases must be punished, but unlike the General Penal Code, the finding of crimes and their punishment a special character.

A) ACTIONS MADE BY THE AUTHORITIES CONCERNED

responsibility as I have said previously is that of the person who has committed what the law forbade him to do, but research and detection of crime or their prosecution are conducted by sworn officers of the waters and forests with respect to offenses related thereto, by the maritime authority empowered to do so. For maritime offenses parallel to them, the police officers of the police and gendarmerie are authorized to establish such offenses. These are by minutes or by witnesses. However the decision to prosecute in respect of waters and forests up to the agents involved in the environmental field who have the power to prosecute, it is usually the Secretary General or the Directors of the Central Water Authority and forests in conjunction with the prosecutor. By cons regarding marine fisheries the decision to prosecute belongs to the prosecutor.

From these explanations, we conclude that the Act has made it possible for these different jurisdictions to deal with the offender, this has the consequence that its liability in criminal court is not at all engaged. The government certainly prefer that the transaction they make quick money in their coffers.

It is also worth noting that these people who post illegal behavior are also reprimanded at those jurisdictions that they are forbidden to carry out the activity for which they had obtained the license to the level it has without need to go through the courts.

B) ACTIONS IN THE COURTS

THE RESPONSIBILITY OF THE CRIMINAL OFFENDER

We affirm, however, that the few cases that have been brought before our courts have been tried according to law . The defendants were given sentences which certainly did not always have the consent of those who defend the environment, but we remind them that the judge in a case takes into account all elements of the case to convict the accused.

THE LIABILITY OF OFFICERS IN CHARGE OF THE ENVIRONMENTAL PROTECTION

This responsibility falls to both natural persons and legal entities are liable for infringements committed by persons under their authority. Many people tend to believe that the Congolese state can not be sued in court to answer for damages caused by his negligence in environmental matters.

We can say that the State must answer for damages caused by the material if it is proved that the damages are related to the injury which it is reported. However the responsibility of the state can not be held in accordance with the procedure laid down in that particular effect, ignorance of it by many of our fellow citizens led to the inadmissibility of their applications.

We will conclude our involvement with the following observation: the awareness of environmental concerns of the Congo is noticeable with the introduction of extensive legislation on the subject on the one hand, on the other hand, by joining many international treaties on environmental law. However management of our environment should be a plural governance where a prominent place must be granted to the people who must be informed through the women and men who have at heart the protection of the environment so that we can live in a healthy environment. We must make it a challenge as we have done in popularizing the family code in this country.

Ladies and gentlemen thank you for your attention.


Yvonne Kimbembe
Advocate General at the Supreme Court of Congo
President of the Review Board of the Family Code

Best Wording For People To Pay Their Own Way

Elections USA 2008: North America wrote its history, Africa d write the Siena

can say that 2008 was rich in emotions and surprises.
Apart from the economic crisis, one of the most significant events of this year or even this century is of course in the U.S. election that pitted two brilliant candidates (even if It is true that one was better strategist than the other): John McCain and Barack Hussein Obama . We can thank them knew awaken (to some) and revived (for some) the interest that each of us has in regard to politics and what, beyond U.S. borders. We have, I think, a lot to learn and remember the election which was conducted in the USA. Africa in particular must learn a lesson. Each of us knows that it is easy to hide behind his skin color, ethnicity or other differences to justify a failure.
Barack Obama, mixed race and unknown politician, there is still some time, we proved that any differences should be seen as a resource, an asset. Indeed, this unknown, supported initially by a few people among which his precious wife and girlfriend (Michelle Obama) has attracted and collect not one but several nations whose Congo.Pour do this, he was particularly surrounded the "Best and Brightest" (the best and brightest ) and has exceeded all boundaries of race, sex etc.. Furthermore, it has attracted and inspired confidence in a young, multiracial electorate. Electorate who, through his passion, dedication, enthusiasm and knowledge in new technologies, has been a pillar in this campaign.
Through its openness, Barack Obama understands that the youth and diversity Social are the future and they would help revive the American dream and so proud to belong to a nation reconciled with its old demons. It is true that this election will not fix the race problem but it is a big step toward a future of any racial barrier inhibited.
I call Africans, especially our leaders, to inspire them. In a sense, we can approximate a portion of the American past and part of the African past: our ancestors fought for our independence and our civil rights! A youth, to honor their memory and continue the work of our predecessors and our parents by building our respective countries and by extension Africa.
Youth is the future of our nation , our continent is doomed to a slow and painful death as you know. Now it is time for us to react because excellence exists in every country. It is certainly not easy for all to reach our goals, but nothing is impossible for anyone who wants it. The American election has opened a door to a future in which no hang-over will be judged on their ethnicity, gender etc.. To us to take this opportunity to move forward and we affirm on the international stage.
I urge our authorities to promote our intellectuals whose excellence and expertise just waiting to be supported; ignored all across ethnic, sexual, religious. Let us arm our values and principles and do not forget that unity, peace, respect for others and especially the acceptance of differences are the bases of any company that wants to advance. I do not advocate absolute adherence to the Western system, but I assert that we must find our way and it is not staying attached to ideas as we move forward.
Finally, I conclude by stating one of my favorite quotes that Cornelius was so well written, "to conquer without risk is to triumph without glory." A win is more beautiful when she mobilized all our being and every object as a springboard to success for what does not kill us makes us stronger (According F. Nietzsche) and therefore victorious. I'm glad I attended this incredible lesson that the American people has given us: the election of an African-American President at the head of their State. Today I hope even more, it is true, we will encourage the pen of history to sketch a watercolor surprising for us: OUR DREAM CONGOLESE and beyond our African dream.

Miss Kelly Kimbembe
Lawyer
Public Relations Officer with the Legal Clinic of Bacongo

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Elections USA 2008: North America wrote its history, Africa d write the Siena

can say that 2008 was rich in emotions and surprises.
Apart from the economic crisis, one of the most significant events of this year or even this century is of course in the U.S. election that pitted two brilliant candidates (even if It is true that one was better strategist than the other): John McCain and Barack Hussein Obama . We can thank them knew awaken (to some) and revived (for some) the interest that each of us has in regard to politics and what, beyond U.S. borders. We have, I think, a lot to learn and remember the election which was conducted in the USA. Africa in particular must learn a lesson. Each of us knows that it is easy to hide behind his skin color, ethnicity or other differences to justify a failure.
Barack Obama, mixed race and unknown politician, there is still some time, we proved that any differences should be seen as a resource, an asset. Indeed, this unknown, supported initially by a few people among which his precious wife and girlfriend (Michelle Obama) has attracted and collect not one but several nations whose Congo.Pour do this, he was particularly surrounded the "Best and Brightest" (the best and brightest ) and has exceeded all boundaries of race, sex etc.. Furthermore, it has attracted and inspired confidence in a young, multiracial electorate. Electorate who, through his passion, dedication, enthusiasm and knowledge in new technologies, has been a pillar in this campaign.
Through its openness, Barack Obama understands that the youth and diversity Social are the future and they would help revive the American dream and so proud to belong to a nation reconciled with its old demons. It is true that this election will not fix the race problem but it is a big step toward a future of any racial barrier inhibited.
I call Africans, especially our leaders, to inspire them. In a sense, we can approximate a portion of the American past and part of the African past: our ancestors fought for our independence and our civil rights! A youth, to honor their memory and continue the work of our predecessors and our parents by building our respective countries and by extension Africa.
Youth is the future of our nation , our continent is doomed to a slow and painful death as you know. Now it is time for us to react because excellence exists in every country. It is certainly not easy for all to reach our goals, but nothing is impossible for anyone who wants it. The American election has opened a door to a future in which no hang-over will be judged on their ethnicity, gender etc.. To us to take this opportunity to move forward and we affirm on the international stage.
I urge our authorities to promote our intellectuals whose excellence and expertise just waiting to be supported; ignored all across ethnic, sexual, religious. Let us arm our values and principles and do not forget that unity, peace, respect for others and especially the acceptance of differences are the bases of any company that wants to advance. I do not advocate absolute adherence to the Western system, but I assert that we must find our way and it is not staying attached to ideas as we move forward.
Finally, I conclude by stating one of my favorite quotes that Cornelius was so well written, "to conquer without risk is to triumph without glory." A win is more beautiful when she mobilized all our being and every object as a springboard to success for what does not kill us makes us stronger (According F. Nietzsche) and therefore victorious. I'm glad I attended this incredible lesson that the American people has given us: the election of an African-American President at the head of their State. Today I hope even more, it is true, we will encourage the pen of history to sketch a watercolor surprising for us: OUR DREAM CONGOLESE and beyond our African dream.

Miss Kelly Kimbembe
Lawyer
Public Relations Officer with the Legal Clinic of Bacongo

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forced and early marriages

Forced marriages in our societies, which generally coincide with early marriage must be condemned just as we start sounding the alarm on female circumcision, violence against women, etc.. In fact, many minors aged 12 or 13 who are married off by their parents to adults already married to wives, called first, second wives etc..
This phenomenon is less visible in our cities tends to increase in our countryside. Faced with the guilty silence kept by NGOs, it is time that we educate our girls, we question their parents on their knowledge of the dangers that those with minor risk pregnancies who can cause vesico-vaginal . Finally, our judicial colleagues, in this case the prosecution must punish those men who delight in these marriages that are sources of trauma for these children.

Mrs. Fatoumata Ndiaye
Magistrate
President of the NGO Network of Centres of influence legal "

Blackjack Rules Silver Dollar Bothell

forced and early marriages

Forced marriages in our societies, which generally coincide with early marriage must be condemned just as we start sounding the alarm on female circumcision, violence against women, etc.. In fact, many minors aged 12 or 13 who are married off by their parents to adults already married to wives, called first, second wives etc..
This phenomenon is less visible in our cities tends to increase in our countryside. Faced with the guilty silence kept by NGOs, it is time that we educate our girls, we question their parents on their knowledge of the dangers that those with minor risk pregnancies who can cause vesico-vaginal . Finally, our judicial colleagues, in this case the prosecution must punish those men who delight in these marriages that are sources of trauma for these children.

Mrs. Fatoumata Ndiaye
Magistrate
President of the NGO Network of Centres of influence legal "

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Dowry

Twenty three years after the enactment of the Family Code Congolese, the issue of dowry under sections 140 and 141 of the Code has many opponents, who believe that the sum of 50,000 CFA francs provided by the legislature is not in harmony with the manners on pre-marriage in our country. Introduced in this debate between supporters and opponents of the dowry, we felt it necessary to inform all these people on the basis of the dot to avoid further reify the bride.

Before October 17, 1984, engagement obeyed customs of the betrothed. Those south of the Republic of the Congo demanded that the bridegroom gives her parents a large sum of money and objects of some value under the dot. By cons it is symbolic in custom in northern Congo. The groom paid a small fee and some items to parents of his fiancee. When the divorce was speaking to the wrongs of the wife, she was often ordered to pay her husband's double the amount of dowry paid by the latter. This principle was enshrined in the supreme court in numerous cases. In

custom Lari, are causes peremptory divorce because the woman committing adultery in the conjugal home number or give birth to more children born out of wedlock. In this case the divorce is granted to harm the woman and the husband is entitled to compensation representative of customary expenses, dowry and compensation for damage suffered.

No Engagement custom Makoua there engagement if the groom pays a nominal sum and publicly in the presence of maternal and paternal relatives of the bride or if the consent of one of the branches .

Given this disparity of treatment experienced by the bride in these various customs which it was subject to liability in many families, the legislature has decided to unify the pre-wedding by empowering women. Thus it has enacted for this purpose sections 140 and following of the Code family. The Section 140 provides: "The dowry has a character symbol. It is optional. It can be paid in cash or kind or both forms. In no event shall the amount does not exceed the sum of 50,000 CFA francs. It is not refundable. Demand a higher dowry the amount or payment thereof is punishable under the Penal Code. " It should be noted that the infringement relating thereto to date is not provided by the Congolese Penal Code. This statutory provision reveals that the custom has been maintained since the dowry was not removed and has been standardized yet. Its symbolic nature, optional and non-refundable contribution to the emancipation of women. The bride is the thing for which most parents may set its price at 500,000 francs, 300,000 francs CFA as dowry.


• It is optional.

Many people who do not. Lacking the financial means to pay the dowry to their in-laws. They refuse to appear before the Registrar of Civil Status to celebrate their marriage when they should do to protect each other.


• It is not refundable.

The offense of violation of section 140 above is so far not enacted. It seems essential to establish the elements of it to no longer allow This impunity we see in many families that continue to reify their daughters. Ordinary expenditures made by a boyfriend to please her husband's family or his girlfriend without being forced to do so does not qualify as a dowry.

The elements thus developed will allow a fair debate about it so that all amendments thereto are not in contradiction with international conventions on the rights of women that our country has ratified.


Yvonne Kimbembe
Advocate General at the Supreme Court of Congo
President of the Review Board Family Code

How Much Flaxseed Oil Should You Give A Dog

Dowry

Twenty three years after the enactment of the Family Code Congolese, the issue of dowry under sections 140 and 141 of the Code has many opponents, who believe that the sum of 50,000 CFA francs provided by the legislature is not in harmony with the manners on pre-marriage in our country. Introduced in this debate between supporters and opponents of the dowry, we felt it necessary to inform all these people on the basis of the dot to avoid further reify the bride.

Before October 17, 1984, engagement obeyed customs of the betrothed. Those south of the Republic of the Congo demanded that the bridegroom gives her parents a large sum of money and objects of some value under the dot. By cons it is symbolic in custom in northern Congo. The groom paid a small fee and some items to parents of his fiancee. When the divorce was speaking to the wrongs of the wife, she was often ordered to pay her husband's double the amount of dowry paid by the latter. This principle was enshrined in the supreme court in numerous cases. In

custom Lari, are causes peremptory divorce because the woman committing adultery in the conjugal home number or give birth to more children born out of wedlock. In this case the divorce is granted to harm the woman and the husband is entitled to compensation representative of customary expenses, dowry and compensation for damage suffered.

No Engagement custom Makoua there engagement if the groom pays a nominal sum and publicly in the presence of maternal and paternal relatives of the bride or if the consent of one of the branches .

Given this disparity of treatment experienced by the bride in these various customs which it was subject to liability in many families, the legislature has decided to unify the pre-wedding by empowering women. Thus it has enacted for this purpose sections 140 and following of the Code family. The Section 140 provides: "The dowry has a character symbol. It is optional. It can be paid in cash or kind or both forms. In no event shall the amount does not exceed the sum of 50,000 CFA francs. It is not refundable. Demand a higher dowry the amount or payment thereof is punishable under the Penal Code. " It should be noted that the infringement relating thereto to date is not provided by the Congolese Penal Code. This statutory provision reveals that the custom has been maintained since the dowry was not removed and has been standardized yet. Its symbolic nature, optional and non-refundable contribution to the emancipation of women. The bride is the thing for which most parents may set its price at 500,000 francs, 300,000 francs CFA as dowry.


• It is optional.

Many people who do not. Lacking the financial means to pay the dowry to their in-laws. They refuse to appear before the Registrar of Civil Status to celebrate their marriage when they should do to protect each other.


• It is not refundable.

The offense of violation of section 140 above is so far not enacted. It seems essential to establish the elements of it to no longer allow This impunity we see in many families that continue to reify their daughters. Ordinary expenditures made by a boyfriend to please her husband's family or his girlfriend without being forced to do so does not qualify as a dowry.

The elements thus developed will allow a fair debate about it so that all amendments thereto are not in contradiction with international conventions on the rights of women that our country has ratified.


Yvonne Kimbembe
Advocate General at the Supreme Court of Congo
President of the Review Board Family Code

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Parentage and Family Code of Republic of Congo

The legal provisions concerning affiliation established by the Family Code in 1984 are a great advance over our practice and customs in the Congo.
Equality children ends the discrimination that they knew before the promulgation of the Code. However in practice for all children of one father and one mother are equal, should the current law is properly applied. Indeed, many are these children out of wedlock who are abandoned by their fathers that he is sentenced by a court order payment of alimony as required by law. The same phenomenon is experienced by those children when their father died. Legitimate children and the widow being created as "vigilante" on the estate of the deceased. Given that our courts are only empowered to make legal decisions must ensure proper enforcement.
If marriages in the north, the parent of a child takes its responsibilities vis-à-vis the latter, simply because their courts vigorously enforce their civil codes. It is hoped that our rulers, in charge of these children do the same thing for our poor children born outside marriage no longer live this discrimination fostered by their father.

Ginette O.
Lawyer, Member of the network of Francophone Legal Clinics

Topless Costa 2010 -rica Cruise

Parentage and Family Code of Republic of Congo

The legal provisions concerning affiliation established by the Family Code in 1984 are a great advance over our practice and customs in the Congo.
Equality children ends the discrimination that they knew before the promulgation of the Code. However in practice for all children of one father and one mother are equal, should the current law is properly applied. Indeed, many are these children out of wedlock who are abandoned by their fathers that he is sentenced by a court order payment of alimony as required by law. The same phenomenon is experienced by those children when their father died. Legitimate children and the widow being created as "vigilante" on the estate of the deceased. Given that our courts are only empowered to make legal decisions must ensure proper enforcement.
If marriages in the north, the parent of a child takes its responsibilities vis-à-vis the latter, simply because their courts vigorously enforce their civil codes. It is hoped that our rulers, in charge of these children do the same thing for our poor children born outside marriage no longer live this discrimination fostered by their father.

Ginette O.
Lawyer, Member of the network of Francophone Legal Clinics

Wednesday, March 18, 2009

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Violence against women as a violation of human rights


November 25: International Day for the Elimination of Violence against Women.

December 10 : International Day of Human Rights.

Legal Clinic Bacongo contributed to the 16 days "of activism against violence against women, such violence is a violation of human rights!

Best Bra Small Breasts 2010

Violence against women as a violation of human rights


November 25: International Day for the Elimination of Violence against Women.

December 10 : International Day of Human Rights.

Legal Clinic Bacongo contributed to the 16 days "of activism against violence against women, such violence is a violation of human rights!

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9 to 12 July 2008, Cotonou (Benin): workshop on computer crime

Mrs. Yvonne Kimbembe when submitting the certificate of participation



40 experts from various countries in West Africa, Central, United States of America, Council of Europe and the representatives of the African Union have reflected on the growing threat that represents the use of Internet for criminals.




Participating countries: Benin, Burkina Faso, Cameroon, Congo - Brazzaville, Gabon, Ghana, Guinea, Mali, Niger, Nigeria, Senegal, Togo etc.


Rid Of Internal Hemorrhoids Forum

9 to 12 July 2008, Cotonou (Benin): workshop on computer crime

Mrs. Yvonne Kimbembe when submitting the certificate of participation



40 experts from various countries in West Africa, Central, United States of America, Council of Europe and the representatives of the African Union have reflected on the growing threat that represents the use of Internet for criminals.




Participating countries: Benin, Burkina Faso, Cameroon, Congo - Brazzaville, Gabon, Ghana, Guinea, Mali, Niger, Nigeria, Senegal, Togo etc.


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8 to 19 June 2008: 7th Session of Legal Training Africans in Cairo (Egypt).


Organized by the Egyptian Fund for Technical Cooperation for Africa, the National Centre for Judicial Studies and the Egyptian Ministry of Justice, this coaching session judicial staff saw the participation of twenty lawyers from 14 Francophone African countries (Burkina Faso, Burundi, Congo Brazzaville, Central African Republic, Djibouti, Gabon, Guinea Conakry, Mali, Madagascar, Mauritania, Niger, Senegal, Togo, Chad). Among the training topics include the international commercial arbitration.
The use of international commercial arbitration is becoming a requirement for some international companies require states in which they want to invest that they agree to arbitration as a means of settling disputes which may arise. African countries also getting down to train their nationals on the arbitration system as well as areas such as crimes against humanity, corruption, money laundering, child rights, international criminal prosecutions ...

Wedding Short Messages

8 to 19 June 2008: 7th Session of Legal Training Africans in Cairo (Egypt).


Organized by the Egyptian Fund for Technical Cooperation for Africa, the National Centre for Judicial Studies and the Egyptian Ministry of Justice, this coaching session judicial staff saw the participation of twenty lawyers from 14 Francophone African countries (Burkina Faso, Burundi, Congo Brazzaville, Central African Republic, Djibouti, Gabon, Guinea Conakry, Mali, Madagascar, Mauritania, Niger, Senegal, Togo, Chad). Among the training topics include the international commercial arbitration.
The use of international commercial arbitration is becoming a requirement for some international companies require states in which they want to invest that they agree to arbitration as a means of settling disputes which may arise. African countries also getting down to train their nationals on the arbitration system as well as areas such as crimes against humanity, corruption, money laundering, child rights, international criminal prosecutions ...

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Law in the Service of wildlife



April 23 2008: The Right to the Wildlife Service.

This was the topic of conversation and debate held at the Villa by the Washington Legal Clinic Bacongo in collaboration with Dominique Normand (left in photo) , wife of the ambassador France, The Wildlife Conservation Society (WCS), Aspinal Foundation, The Last Great Organization.

According to the World Charter of ecology, all life deserves protection, whatever its usefulness. Thus "the ivory trade, trade in bushmeat trade in great apes are all ecological crimes must be punished" according to The Office of National Lusaka attended the meeting. All participants recognized the need for justice for careful protection of wildlife in the Congo. Journalists and some judges of Owando, Ouesso, Sibiti Brazzaville also attended the meeting.

Law in the Service of wildlife

Tiffany Towers Shorty

Law in the Service of wildlife



April 23 2008: The Right to the Wildlife Service.

This was the topic of conversation and debate held at the Villa by the Washington Legal Clinic Bacongo in collaboration with Dominique Normand (left in photo) , wife of the ambassador France, The Wildlife Conservation Society (WCS), Aspinal Foundation, The Last Great Organization.

According to the World Charter of ecology, all life deserves protection, whatever its usefulness. Thus "the ivory trade, trade in bushmeat trade in great apes are all ecological crimes must be punished" according to The Office of National Lusaka attended the meeting. All participants recognized the need for justice for careful protection of wildlife in the Congo. Journalists and some judges of Owando, Ouesso, Sibiti Brazzaville also attended the meeting.

Law in the Service of wildlife

Swimming With No Underwear

A month of March dedicated to women


March 25, 2008.

The month of March on the woman was an opportunity for members of the Legal Clinic of Bacongo to meet in Washington with the Villa students in Master 2 (network management of human resources) of the Graduate School of Management and Business Admnistration (BSE) to discuss rambling on certain provisions of the Family Code.


Swimming With No Underwear

A month of March dedicated to women


March 25, 2008.

The month of March on the woman was an opportunity for members of the Legal Clinic of Bacongo to meet in Washington with the Villa students in Master 2 (network management of human resources) of the Graduate School of Management and Business Admnistration (BSE) to discuss rambling on certain provisions of the Family Code.