10 04 14 – DRC: Some progress in the fight against impunity but rape still widespread and largely unpunished – UN report
“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.”
Note to Editors:
Other important findings of the report:
-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 three 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.
ENDS
http://www.monusco.unmissions.
*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).
For more information and media requests, please contact:
In Kinshasa: Charles Bambara: +243 81 890 5202 / bambara@un.org Serena Tiberia: +243 81 890 4050 /tiberia@un.org
In New York: Nenad Vasic: +1 212 963 5998 / vasic@un.org
In Geneva: Cécile Pouilly: +41 22 917 9310 / cpouilly@ohchr.org Ravina Shamdasani: +41 22 917 9169 /rshamdasani@ohchr.org
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