WUNRN
Direct Link to Full 31-Page 2014 UN
Report on Congo Sexual Violence:
CONGO - SOME PROGRESS IN THE FIGHT
AGAINST IMPUNITY, BUT RAPE STILL WIDESPREAD & LARGELY UNPUNISHED - UN
REPORT
NEW YORK / KINSHASA (9 April 2014) – Rape and sexual violence in
the Democratic Republic of the Congo (DRC) remain very serious concerns, with
thousands of victims, in particular in the east of the country, over the past
four years, according to a UN report released Wednesday. The report also
indicates that, while some progress has been made in the fight against impunity
for sexual violence, much more needs to be done to hold perpetrators of sexual
violence accountable.
“There is no excuse for
sexual violence, and its widespread impunity creates even more injustice. The
Government should take all necessary measures to give victims of sexual
violence access to justice and ensure their safety. For this, and for the fight
against any form of sexual violence, the DRC can count on our full support in a
good spirit of continuous partnership,” declared the UN Special Representative
of the Secretary-General in the DRC, Martin Kobler.
“Despite an increase in the
number of prosecutions of state agents for sexual violence in recent years,
there is still a long way to go in the fight against impunity for sexual
violence in the DRC,” said the UN High Commissioner for Human Rights Navi
Pillay. “I call on the Government to prioritize the fight against impunity for
crimes of sexual violence, to promptly complete effective and independent investigations,
and to prosecute alleged perpetrators, including those suspected of having
command responsibility.”
- The in-depth report by the
UN Joint Human Rights Office in the DRC (UNJHRO)* documents serious incidents
of sexual violence in the DRC, with over 3,600 victims registered by the office
between January 2010 and December 2013. The report also illustrates the
systematic nature of some incidents of sexual violence, particularly in
the east, with a large number of cases committed in homes or when women are
working in fields, going to the market or fetching water.
- The findings of the
report indicate that rape is used as a weapon of war to intimidate local
communities, and to punish civilians for their real or perceived collaboration
with armed groups or the national army. It is also occurring as an
opportunistic crime carried out in tandem with other human rights violations.
- It also shows that armed
groups were responsible for just over half the rapes, mostly committed during
attacks aimed at gaining control of territories rich in natural resources.
Members of the national Congolese army, the FARDC, were responsible for around
a third of the rapes. The remaining cases were committed by other state agents.
- In recent years, some
progress – although limited – has been observed in the fight against impunity
for sexual violence. The UNJHRO registered some 187 convictions by military
jurisdictions for sexual violence between July 2011 and December 2013, with
sentences ranging from 10 months to 20 years of imprisonment. The United
Nations welcomes the increased number of prosecutions and convictions,
resulting in part from the technical and logistical support to military justice
investigations by international organizations, including MONUSCO, and from the
deployment of mobile court hearings.
- Despite the strongly stated
commitment of senior Congolese officials, there are still many obstacles that
prevent victims of sexual violence from gaining full access to justice. The
limited efforts of some Congolese authorities to prosecute sexual violence
cases, cases of corruption within the judicial system and the lack of resources
and capacity of the judiciary all contribute to impunity for perpetrators of
sexual violence.
- The report also finds that
proceedings very rarely target senior army officers responsible for sexual
violence. Only 3 of the 136 FARDC soldiers convicted during the period
under review were senior officers. In addition, members of armed groups almost
always escape justice; only four of the 187 people convicted for sexual
violence by the military justice system were members of armed groups.
- According to the report, a
large number of victims do not report cases for fear of being stigmatized and
rejected by their families and communities. Many also lack access to justice
because they cannot afford legal fees, medical fees, and travel costs
associated with formal legal proceedings. Many lack confidence that they and
their families will be safe, as their protection needs are often neglected by
judicial authorities.
* The UN Joint Human Rights Office,
which was established in February 2008, comprises the Human Rights Division of
the UN Stabilization Mission in the DRC (MONUSCO) and the Office of the High
Commissioner for Human Rights in the DRC (OHCHR-DRC).