Source: United Nations – Geneva
The Committee on the Elimination of Discrimination against Women today concluded its consideration of the report of the Democratic Republic of the Congo on sexual violence in armed conflict in the eastern part of the country, presented under its exceptional reporting procedure.
Committee Experts commended the State for the healthcare delivered to victims of conflict-related sexual violence, while asking about reparations for victims and how women seeking firewood and other resources in nature reserves could be protected
A Committee Expert congratulated the State party for steps taken in the areas of healthcare. The Committee hailed the adoption of decree 23/9, which provided for the creation of multisectoral care for survivors of sexual-related violence. The establishment of mobile clinics in internally displaced persons camps should be commended, as well as the distribution of post-rape kits by midwives.
Another Expert said the State party should be commended for enacting the fund for conflict-related sexual violence. How did it operate and how many victims had benefitted from it? What steps were being undertaken to ensure adequate resources to implement a victim-centred transitional justice mechanism?
A Committee Expert said as Goma was under siege, the most pressing issue was water. How would the State install water distribution centres while ensuring the protection of women collecting the water? Many women trekked from Goma in search of firewood, but instead were found by gunmen and faced rape. Were there park rangers trained in violence prevention who were gender-sensitive and conscious of the epidemic of violence? The proliferation of small arms and light weapons often claimed the lives of women and girls foraging for food and firewood; how was their illegal trading being addressed?
The delegation said victims were active participants in the reparation process. A law implemented in 2022, which provided protection and reparation to victims of sexual violence, mandated a three per cent fixed amount to be sent to organizations for female victims to provide reparations. Work was done with women at the local level to ensure their full participation. More than 220,000 victims had been identified, including displaced persons.
Regarding the situation in the nature reserves in the east of the country, the delegation said this had become a ground for armed groups operating in the area. Programmes were in place to address practical needs, including safe drinking water for persons in internally displaced persons camps, to ensure there was no need to forage further afield. Steps had been taken to strengthen protection in the park areas, with regular security patrolling the areas, and keeping note of where women were located. Awareness raising campaigns were being conducted to highlight the risks women faced when collecting firewood alone. Women were provided with micro-credits to generate alternative income streams, allowing them to pay for resources such as firewood and water, rather than searching for them themselves.
Introducing the report, Chantal Chambu Mwavita, Minister for Human Rights of the Democratic Republic of the Congo and head of the delegation, called for a minute of silence to be observed for the victims of the conflict. The special report being presented today on sexual violence in armed conflict in the eastern part of the country had been drafted at the request of the Committee. The Congolese Government was committed to the prevention and suppression of sexual violence in times of conflict.
Since the submission of the report, at least 945 police staff members had been deployed in areas where the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO) had withdrawn to protect the civilian population. The Government had adopted a national action plan, which included measures aimed at preventing violence against women in armed conflict. The Minister said the Committee should support the creation of an international criminal tribunal for the Democratic Republic of the Congo to prosecute those responsible for sexual violence.
In closing remarks, Ms. Chambu Mwavita said it was an honour to be with the Committee to speak about the situation in the country. The Democratic Republic of the Congo needed support. The country had faced the aggression of its neighbour Rwanda for more than 30 years. The dialogue today presented an opportunity to ask for unity and for efforts to respect the United Nations Charter.
In her closing remarks, Nahla Haidar, Committee Chair, thanked the delegation for the constructive dialogue despite the difficult situation being faced in the country. The Committee expressed its solidarity with the Democratic Republic of the Congo and commended the State party for the efforts it had already taken.
The delegation of the Democratic Republic of the Congo was comprised of representatives from the Ministry of Human Rights; the Ministry of Foreign Affairs; the Ministry of Gender; the National Assembly; the Coordination Body on Youth, Gender and Violence against Women and Trafficking in Persons; the High Military Court; the Superior Council of the Judiciary; the Secretary General for Human Rights; the Commission for Inter-Institutional Victim Assistance and Reform Support Organization; the Assistant to the Chief of Staff of the Head of State and Focal Point for Sexual Violence; Gender and Sexual Violence in Conflict Zones Specialist; the National Assembly; the Directorate of Access to Justice; the Congolese National Police; the Head of State Security; and the Permanent Mission of the Democratic Republic of the Congo to the United Nations Office at Geneva.
The Committee on the Elimination of Discrimination against Women’s ninetieth session is being held from 3 to 21 February. All documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet at 10 a.m. on Wednesday, 5 February, to begin its consideration of the seventh periodic report of Nepal (CEDAW/C/NPL/7).
Report
The Committee has before it the report of the Democratic Republic of the Congo presented under the Committee’s exceptional reporting procedure (CEDAW/C/COD/EP/1).
Presentation of Report
CHANTAL CHAMBU MWAVITA, Minister for Human Rights of the Democratic Republic of the Congo and head of the delegation, called for a minute of silence to be observed for the victims of the conflict. The delegation was presenting the report at a particular moment in time when the territory of North Kivu and South Kivu and Ituri was being torn apart by acts of violence, targeting the civilian population and civilian infrastructure, perpetrated by the Rwandan army and the M23 armed group. Rwanda was a party to the Convention and was directly responsible for these crimes.
Various reports from the United Nations and witness statements from survivors of sexual conflict showed that thousands of women and girls had been victims of rape, mutilation and other types of inhumane violence. These atrocities not only affected displaced persons, but were also taking place at homes, schools and in prisons. Now Goma and its surroundings had been taken by the M23 army and other parts of Kivu were being besieged. If the international community did not take urgent measures, there could be the spread of a cycle of violence against women and girls.
The special report being presented today on sexual violence in armed conflict in the eastern part of the country had been drafted at the request of the Committee. The Congolese Government was committed to the prevention and suppression of sexual violence in times of conflict. Since the submission of the report, at least 945 police staff members had been deployed in areas where the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO) had withdrawn to protect the civilian population. They had been trained to protect people against sexual violence.
The Government had adopted a national action plan, which included measures aimed at preventing violence against women in armed conflict. In 2024, over 1,030 cases were reported and prosecuted by police in South Kivu. Rulings had been handed down, including under military jurisdiction, where reparations were provided for victims. The Ministry of Human Rights had pledged to conclude military amendments for transitional justice in the country.
The Government was making combatting violence against women the number one priority. National funds had been developed, providing reparation and health care to the survivors. Mobile clinics had established health care near areas controlled by the Rwandan army and the M23. The efforts to protect victims from sexual violence were being undermined by the increased attacks by the Rwandan army and M23, as they had stepped up their military efforts and attacks against civilians. Two weeks ago, a Rwandan military offensive backed by M23 had resulted in the escape of over 3,000 prisoners from Goma’s central prison, the proliferation of light arms, infrastructure damage, rapes of 163 women held in the prison who were set alight while alive, pillaging of legal buildings, attacks on women defending women victims of violence, and the bombing of the maternal hospital in Goma which led to the deaths of pregnant women and women who had just given birth.
The Minister said it was essential for the Committee to provide support without delay to women survivors of sexual violence who were in areas occupied by the Rwandan army and the M23. The Committee should strongly condemn the occupation of Congolese territory by the Rwandan army and the M23, and actively advocate for sanctions against them. The Committee should support the creation of an international criminal tribunal for the Democratic Republic of the Congo to prosecute those responsible for sexual violence. The delegation was here to support the United Nations Charter and put an end to the war in the country.
NAHLA HAIDAR, Committee Chair, said the Committee stood with the delegation and the people of the Democratic of the Congo during this difficult time.
GISÈLE KAPINGA NTUMBA, National Human Rights Commissioner and head of the delegation of the National Human Rights Commission of the Democratic Republic of the Congo, saluted the delegation, which had spared no effort to take part in the session, despite the situation in the country. The Commission welcomed the decisions taken by the Congolese Government to protect the civilian population from the risks of sexual violence and other related human rights violations committed by the parties to the ongoing conflict in the east of the country. However, it remained concerned about the implementation of the decisions taken and their deterrent nature, particularly with regard to armed groups and the Rwandan army, which were not concerned by these decisions.
One of the major challenges for the Government was the security of and humanitarian assistance for the civilian population, both in areas besieged by armed groups and in camps for displaced persons. The recent invasion and unprecedented assault on the city of Goma by the M23 rebels and the Rwandan army demonstrated the magnitude of the challenge and had led to systematic and widespread violations of human rights and international humanitarian law, with women and children as primary targets.
At least 700 people had died in Goma since the invasion, and about 500,000 people had been displaced, the majority of whom were women and children. Sexual violence had reached its peak and health care facilities were overwhelmed. The city had not been under the control of the Congolese Government, in violation of the principle of Congolese State sovereignty, since the invasion.
Taking into account the current context, the Commission recommended that the Congolese State use all its powers to restore peace in the east by favouring diplomatic channels and the peaceful settlement of the conflict. At the International Criminal Court, it was recommended that criminal proceedings be initiated against the leaders of the M23 and the Rwandan army for the various acts constituting war crimes and crimes against humanity perpetrated in Goma and its surroundings. Finally, at the United Nations Security Council, the Commission recommended that targeted sanctions be taken against Rwanda and that everything be done to bring peace to the eastern Democratic Republic of the Congo.
Questions by Committee Experts
BRENDA AKIA, Committee Expert and Country Rapporteur for the Democratic Republic of the Congo, said the Committee members extended their heartfelt condolences to the Democratic Republic the Congo, and condemned the violence being experienced by women and girls in the country. Ms. Akia commended the Government for the commitment to being part of the dialogue, the progress made in human rights, and the measures taken to tackle sexual violence. Could the State party provide specific information on the different forms of conflict-related sexual violence currently being committed against women and girls?
An urgent political response was needed to ensure peace and security in the eastern Democratic Republic of the Congo. Given the complexity of the conflict, fuelled by the exploitation of minerals and the existence of armed groups, what strategies was the State party undertaking to push for peace in the country, and ensure the protection of women and girls under international humanitarian law? What was being done to end the illicit exploitation of these minerals? The Committee commended the State party for the actions taken so far; what were the challenges faced in implementing these legal and policy frameworks? What resources would the State party require to implement these frameworks?
A Committee Expert said the Democratic Republic of the Congo was resource-rich, which was often a curse, having fuelled the conflict and sexual violence. Several pieces of legislation had been passed with the aim of regulating the trade of minerals and armed conflict in the area. How were extraterritorial actors, including businesses, being held accountable so they did not avoid impunity?
Responses by the Delegation
The delegation said the illicit mining was one of the main causes of the crisis in the eastern part of the country. The Government had enacted several measures to turn this situation around, but the major challenge was that the mines were under the control of armed groups as well as foreign States that were involving themselves in the conflict. The Government was taking steps to ensure the certification of certain mining operations, but it was difficult to ensure this was a widespread approach. The Government was hindered by the conflict and its economic pressure and the difficulty of imposing Government initiatives in areas controlled by rebel groups and foreign States, due to the lack of administrative control.
The financial issues were a challenge, including for implementing transitional justice mechanisms, which was why an appeal had been made to States for support in this regard. Impunity needed to be tackled head on; the perpetrators of these crimes could not go unpunished. Steps needed to be taken to bear pressure on other States involved in the conflict, including by sheltering perpetrators. The Democratic Republic of the Congo was calling for an international criminal tribunal to ensure all involved, regardless of their location, could be apprehended. When rapes had occurred in Goma, any measures taken by the Government to deal with this were difficult to enact, as other parties were now in charge of Goma.
In the conflict areas, women were principally being used by armed groups and other combatants to serve as sexual slaves. This could result in forced pregnancies and exposure to sexually transmitted diseases. Women being held by these armed groups also did not have access to relevant and necessary health care. A coordination unit had tracked 10 forms of sexual violence, including rape, human trafficking, sexual mutilation, public sexual violence and humiliation, including women whose sons had been forced to rape them in public, public sexual violence against men and boys, gang rape, transmission of HIV/AIDS as a result of rape, and stigmatisation as a result of the sexual violence, among others.
There was also a form of sexual violence deliberately targeting children, particularly young girls. The State had also seen sexual violence used as a weapon of war, which had been ongoing since 2011, when the country was first described as “the world rape capital”.
To ensure a better management of its natural resources, the Democratic Republic of the Congo participated in multiple inter-State cooperation efforts to ensure the tracing of natural resources, including those exploited via mining. One included the Kimberly Process for the tracing of diamonds. The difficulty lay in the application of these pieces of legislation, as the majority of the areas where these resources were found were occupied by Rwanda in the eastern part of the country. For this reason, it was difficult for the State to exercise its full sovereignty and ensure the traceability of resources.
Questions by Committee Experts
A Committee Expert thanked the members of the delegation for their presence, despite the dire situation. Many women in the Democratic Republic of the Congo faced marginalisation from the peace and security processes. The weak rule of law, and the impunity for perpetrators of violence and gender-based violence, continued to undermine women’s involvement in the peace and security agenda. The Expert was happy to note that the third national action plan on women, peace and security had been adopted in 2024; when did it come into effect? How were women’s organizations and victims engaged in its implementation? What were the key objectives of the plan? What concrete plans existed to address the situation of impunity? What concrete measures were being undertaken to ensure the effective participation of women’s organizations and victims of sexual violence in policies and frameworks relating to women, peace and security?
The State party should be commended for enacting the fund for conflict-related sexual violence. How did it operate and how many victims had benefitted from it? What steps were being undertaken to ensure adequate resources to implement a victim-centred transitional justice mechanism? Given the withdrawal of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO), how would the Government’s transition plan fill this void? Was there any data on women’s direct participation in negotiation processes for peacebuilding?
Responses by the Delegation
The delegation said victims were active participants in the reparation process. A law implemented in 2022, which provided protection and reparation to victims of sexual violence, mandated a three per cent fixed amount to be sent to organizations for female victims to provide reparations. Work was done with women at the local level to ensure their full participation. More than 220,000 victims had been identified, including displaced persons. The situation of displaced persons had been catastrophic and required immediate assistance, with emergency measures implemented for this group, including holistic care, medical psychosocial care, and legal assistance and support; 49 per cent of people recorded came from North Kivu. The situation was constantly changing which made it difficult to respond to. Rigorous monitoring and management efforts were taken to ensure victims were at the heart of responses, with the majority of resources gathered being dispersed as reparations. Regular consultations were held with victims groups every three months.
The third national action plan on women, peace and security was approved in 2024 and included activities to improve the level of women’s participation. For the first time in the country, there was a female Prime Minister and 32 per cent of those occupying high-level positions in the Government were women. Awareness-raising campaigns were carried out to raise awareness of women’s rights, prevent sexual violence, and protect women and young girls from gender-based violence. The most recent plan had 26 million dollars earmarked, which had been provided by the Government, public and private partners and international partners, including Norway. Innovative aspects had been included within the plan, including an aspect of positive masculinity.
The withdrawal of the United Nations Organization Stabilisation Mission in the Democratic Republic of the Congo (MONUSCO) from the Democratic Republic of the Congo began in 2021. The withdrawal plan was supported by the Peace Consolidation Fund, to support the country when the Mission withdrew and bolster peace efforts. This approach was inclusive, involving civil society and actively promoting cohesion among women’s organizations.
Since 2018, there had been an increase in women in decision-making positions, due to an introduction of measures to promote gender equality, as well as this being enshrined within the country’s Constitution.
Questions by Committee Experts
A Committee Expert said the Democratic Republic of the Congo had ratified the Convention almost 40 years ago. During this time, how had women’s participation in the political process changed? How many people were in top positions in the country? Women and girls in the Democratic Republic of the Congo remained underrepresented in all spheres, including in the private sector. Out of 500 members of Parliament, only 14 per cent of them were women.
A roadmap had been adopted up to 2028 to prevent violence in politics. What steps were being taken to guarantee more women taking part in legislative bodies? What was being done to eliminate violence in electoral processes? How were women candidates being protected? Taking into consideration the extreme violence in the eastern part of the country, it seemed difficult to foresee, but when would there be net parity in the representation of the Democratic Republic of the Congo?
Responses by the Delegation
The delegation said a campaign had been spearheaded for positive masculinity. There was now a female Prime Minister and women occupied key decision-making and ministerial posts within the Government, including as the Minister of Foreign Affairs. This year, all party leaders were called upon to ensure 50 per cent of female candidates in their electoral lists in scheduled elections. These lists would be excused from having to pay the electoral fee, which was an incentive to guarantee more female candidates.
Steps had been taken at the electoral and appointed level to push for the stated goal of parity. However, it was another thing to ensure that the female candidates were elected as representatives or senators. The authorities had more control on appointing women to specific posts, rather than ensuring they were elected by voters. A rule had been enacted to ensure parity with Director-Generals and Deputy Director-Generals, whereby every time a man was appointed to this position, so was a woman, and vice versa. To ensure more female members of Parliament, women had to be able to persuade the local population to vote for them. Hearts and minds needed to be changed at the grassroots level, but this was happening gradually. Having more female leaders would go a long way to changing the electoral environment.
During the most recent elections, a programme was rolled out to address electoral violence in the eastern part of the country, and boost capacity for women who wanted to stand as electoral candidates. Programmes were also rolled out targeting key communities and regions at a grassroots level. Awareness-raising was being carried out in villages to address the entrenched views within the country. Women female candidates often lacked resources, so it was important to engage in capacity building so they could undertake fundraising. The process towards the drive towards parity was closely tied to the existence of legal instruments. The Democratic Republic of the Congo was making efforts to promote women’s participation at all levels.
Legal and regulatory frameworks were in place under Congolese electoral law to protect female candidates. A specialised police unit and the military were deployed to regions to ensure violence was not being inflicted on female candidates, and the police received special training in this regard. Special campaigns were carried out to raise awareness of gender-based violence in elections and encourage female candidates to report this phenomenon. The prevailing conflict hampered the opportunities to change the sociological and cultural mindsets within the country. Of the 5,000 judges in the country, around 25 per cent were now women, when previously it had been almost zero. To achieve this goal, women had been prioritised in recruitment drives. There was a lack of trust in women’s competence which needed to be addressed. The State was exhausted by the war which was standing in the way of the process.
Questions by a Committee Expert
A Committee Expert said given the link between armed conflict and the climate crisis, could reparations be expanded to include climate-change related violence against women? In March 2021, the International Criminal Court had issued its first order for reparations for victims of sexual violence in the Democratic Republic of the Congo. Did the reparation fund provide funds for children born out of rape? Last year, a member of the militia was sentenced to imprisonment for life for crimes against humanity, due to forced pregnancy, which was a global first and should be congratulated. Did the Penal Code address the 10 categories of sexual violence previously mentioned? How did the Code help shift the stigma from the victim to the perpetrator? As Goma was under siege, the most pressing issue was water. How would the State install water distribution centres while ensuring the protection of women collecting the water?
Many women trekked from Goma in search of firewood, but instead were found by gunmen and faced rape. Were there park rangers trained in violence prevention, who were gender-sensitive and conscious of the epidemic of violence? The proliferation of small arms and light weapons often claimed the lives of women and girls foraging for food and firewood; how was their illegal trading being addressed? It was estimated that the country faced acute food insecurity and was at the tipping point of famine. How was a humanitarian corridor for access to food, water and medical supplies being established? Unfortunately, in the Democratic Republic of the Congo, food insecurity resulted in “famine brides”, particularly women and girls with disabilities, who were denied food and medicine and sold in sexual slavery.
Responses by the Delegation
One speaker from the delegation said she had been raped during the war, and hearing the recent news was triggering many emotions. At the time she had been a child; now she was 28 and it continued to haunt her. It was vital for the reparation fund and other programmes which aimed to provide reparations to victims, to target children born in conflict, children born from rape, and children who witnessed conflict. The Child and Youth Programme granted children who came from conflict or rape administrative documents. Medical care, psychosocial assistance and social support, including access to education, was provided to children. Laws were in place to ensure that those involved in the conflict would not be able to hold decision-making positions or receive any benefits.
M23 and the Rwandan Government had destroyed the displaced persons camps around Goma, depriving these people of their legitimate rights to protection. The Government, with international partners, had made great efforts to help people establish these camps and have the bare necessities, but they were being destroyed. It had become impossible to find a single shelter for displaced people in these areas. So many efforts had been made, with little results, as the Government could not control the area. The speaker asked the international community to speak on behalf of victims, so that their voices were heard.
The State was working with the United Nations Children’s Fund, the United Kingdom and others to develop a tool to identify children born from rape. This would not just help children from the Democratic Republic of the Congo, but also children born from rape in Sudan, Ukraine and other parts of the world. The Democratic Republic of the Congo was expecting a third wave of children born from rape, who would ask who their parents were. There needed to be measures to ensure this did not happen again. It was difficult to bring down the number of light weapons.
There was an undeniable link between sexual violence against women and economisation. Regarding the situation in the nature reserves in the east of the country, this had become a ground for armed groups operating in the area. One of the consequences of climate change was the energy crisis, meaning firewood and charcoal carbon were the energy resources sought by women and girls, who regularly fell victim to the armed groups, and were raped while seeking to meet their energy needs. There were units responsible for protecting the reserves, but the light weapons they were armed with were no match for the firepower of the armed groups, who could then wreak havoc on the nature reserves. The guards in the reserves were not equipped to protect the women searching for firewood and the Government did not have the ability to intervene as these areas were controlled by Rwanda. Many of these parks and forests were registered as national heritage sites by the United Nations Educational, Scientific and Cultural Organization. The impact of this part of the conflict needed to be properly understood and measured.
A programme had been developed to ensure youths were not tempted by the recruitment of the armed groups, and to provide for the needs of internally displaced persons and ensure their reintegration in their host communities. The programme also targeted ex-combatants but excluded those who had taken arms against the Democratic Republic of the Congo. A woman was a member of the leadership board on this programme.
Programmes were in place to address practical needs, including safe drinking water for persons in internally displaced persons camps, to ensure there was no need to forage further afield. The war had hampered these endeavours, as many internally displaced persons were now fleeing from camps, and it was difficult to identify them. Steps had been taken to strengthen protection in the park areas, with regular security patrolling the areas, and keeping note of where women were located. The State was also seeking to address the issue of reforestation, by encouraging women to engage directly in sustainable forest management.
Awareness raising campaigns were being conducted to highlight the risks women faced when collecting firewood alone. Women were provided with micro-credits to generate alternative income streams, allowing them to pay for resources such as firewood and water, rather than searching for them themselves. A hotline was established, where women could call to report instances of rape or violence, and they were offered psychological assistance and support. Women were also taught how to have access to water and sustainably manage it, and water purification tablets were distributed to women, to ensure their water was drinkable. Work was being done with local and international partners to bolster women’s protection systems and their sustainable natural management systems.
Steps were being taken to tackle food insecurity which was prevalent in the eastern part of the country, including through establishing canteens for displaced persons. The Government placed special emphasis on tackling the trading of small arms and light weapons, but this was often disregarded by States. However, the Government sometimes had to disregard control measures themselves to ensure they were equipped to fight against the Rwandan army and M23. It was important to note that the State was not refusing dialogue with the armed groups, but they would not re-enter former rebel combatants into the armed forces. However, the State was willing to engage in dialogue with these groups, under the Nairobi agreement.
Questions by Committee Experts
An Expert said it was important that women were included in the Nairobi peace process. It was vital to document evidence and women’s narratives for women’s legal action. The Congo basin was “the lungs of Africa” and it was important that it was protected to ensure the Sustainable Development Goals. The Democratic Republic of the Congo had reintroduced the death penalty in January this year to address the wave of gang violence. It was hoped this would be reconsidered.
BRENDA AKIA, Committee Expert and Country Rapporteur for the Democratic Republic of the Congo, commended the State party for justice efforts taken to end impunity for conflict-related sexual violence, including the mobile courts which had led to the prosecution of numerous perpetrators. Given the high level of sexual violence, the number of convictions were not commensurate. Was the State party considering other jurisdiction methods to ensure perpetrators who passed through the porous borders in the regions would be prosecuted and held accountable?
The State party should emphasise in the Nairobi peace process negotiations the conflict-related sexual violence experienced by women and girls and the importance of gathering evidence for seeking justice. How was the State party investing in strengthening the rule of law to ensure access to quality and affordable justice, including access to legal aid for victims of conflict-related sexual violence? Could the State party provide data on the number of investigations, arrests, arrest warrants and successful convictions handed down against victims? Ms. Akia commended the State party for the commitment to the peace process
Responses by the Delegation
The delegation said that following some complaints received by the Government, a Commission was established to look into alleged violations by members of law enforcement. In Goma, around 30 members of law enforcement had been judged. Given the recent situation of the prison break, the whereabouts of these individuals was currently unknown. The difficulty was related to the international nature of the crisis; even if domestic mechanisms would be established, there were international elements which needed to be addressed. For the Government, the reinstation of the death penalty was an administrative deterrent measure for the situation in the eastern part of the country. No executions had been carried out so far.
Justice was provided free of charge for victims of conflict-related sexual violence, practically and legislatively. Many women did not want to present their cases before courts as they feared stigmatisation, and they also faced difficulty in access to justice, which explained the discrepancy between the number of cases of sexual violence reported and the number convicted. Often times, victims could not pay for legal proceedings and did not understand how the courts operated, which presented further challenges. The State party was aiming to remove some of these barriers, including by making access to the justice system free of charge. Now, in the east of the country, this was the situation. At the same time, legal assistance could be provided to victims.
Questions by a Committee Expert
A Committee Expert expressed solidarity and deep sadness for the tragic loss of life within the State party. Could the State party provide information on what measures were being taken to ensure adequate capacity to strengthen coordination among duty-bearers responsible for preventing conflict-related sexual violence, including judges and prosecutors, among others? What incentives had been applied to increase the recruitment of judges and prosecutors so that they could handle the backlog of conflict-related sexual violence cases, particularly in rural areas? How often were duty-bearers responsible for combatting conflict-related sexual violence? How often was training conducted and what did it entail? How often was the Convention incorporated in the training?
Responses by the Delegation
The delegation said according to the 2024 law on the status of judges, judges learned about several topics during their training, including sexual violence. From the moment Congolese judges were appointed, they could begin to work on repressing sexual violence. Following the ratification of the Convention, the Democratic Republic of the Congo had had to adapt its legal framework.
In areas of conflict, it would be difficult to provide statistical figures, as courts and legal buildings had been destroyed, meaning it was difficult to follow-up on written cases. The National Strategy to Combat Gender-Based Violence had been rolled out initially in 2010, was revised in 2019, and was being reviewed currently to see if it needed to be tailored to the existing context. In 2019, the National Police drew up a national plan to tackle sexual violence, which contained a chapter outlining the modalities to be followed when it came to interviewing victims and witnesses.
The statue on the recruitment of judges covered lawyers who worked in the Attorney-General’s Office. Around two thirds of magistrates recruited by the Office in 2023 would be reappointed to serve as judges in district courts. There were more than nine instances of action criminalised as sexual violence, which were heard before the Peace Courts. These cases were being heard whenever possible in local district courts. This was a way used by the Government to address the backlog of cases. Female mediators were currently being trained by Member States of the Southern African Community.
Questions by Committee Experts
A Committee Expert said conflict-affected mining grounds saw high levels of sexual slavery, fuelled by money from the mineral trade. Human trafficking remained a worrying phenomenon in certain parts of the country. How did the State party ensure that complaints of trafficking were handled appropriately and that victims themselves were not penalised? How would the State party prevent trafficking of persons by members of the armed groups? Were there plans to increase the number of shelters for female victims of human trafficking?
Another Expert said the Committee encouraged the State party’s efforts in the face of the resurgence of conflict. Between January 2022 and March 2023, more than 100 schools had stopped operating due to the deteriorating security situation. The Committee understood that educational activities were extremely difficult during the ongoing situation. Was there an education policy for displaced women and girls? Was education considered part of the services provided to survivors of conflict-related sexual violence? What were the education plans for all levels of the system? Were school age pregnant girls and mothers able to attend schools and access education? The Expert was pleased to hear of the State party’s approach to positive masculinity. Young males were easy targets for recruitment into armed groups. Did gender-responsive education exist within the school and university systems, the armed forces, and State systems?
Responses by the Delegation
The delegation said as of last week, there were more than seven million internally displaced persons in the Democratic Republic of the Congo who were lacking aid, which presented a major crisis for the country. Since 2019, the President had set up the National Agency to tackle the issue of human trafficking. An expanded Technical Commission had been established to engage in discussions and debate. In conflict zones, women and children were increasingly vulnerable to sexual exploitation. There was an increasing number of brothels in and around Goma, and in mining areas as well. Those who worked there were victims, who had no other choice. There was a significant amount of forced labour in the mines, with a substantial number being children. There were also many child combatants in the armed groups who had been tricked into joining them.
There was significant corruption surrounding human trafficking; the Government fully understood this issue and was attempting to tackle it head on. The current political instability and the mass of displaced persons gave traffickers cover to carry out their activities. The Government was doing its utmost to combat human trafficking and was working closely with the United Nations Office in Vienna. The State had managed to stabilise the situation, but recognised there was still significant work to be done.
The Government had been able to rebuild around 20 schools which had been destroyed. The approach to education always mainstreamed a gender dimension, and took into account the specific needs of women and girls. The major issue was the sheer number of displaced persons, with more than half of them women and children. The State was doing its utmost to ensure women and girls had access to education.
Questions by Committee Experts
A Committee Expert congratulated the State party for steps taken in the area of healthcare. The Committee hailed the adoption of decree 23/9, which provided for the creation of multisectoral care for survivors of sexual-related violence. The establishment of mobile clinics in camps for internally displaced people should be commended, as well as the distribution of post-rape kits by midwives. Could more data be provided, including the number of health care facilities built, the number of victims treated, the number of kits being distributed, and the training rate of those trained?
Another Expert said in some contexts armed groups used child marriage as a weapon of war to hide human trafficking, with a very small percentage of cases brought to light. What special urgent actions was the State taking to counter this regrettable situation? What were legal institutions doing to prevent child and forced marriages? Was awareness being raised among the families to teach them about their rights? Was current legislation being enforced? How was security being provided to the victims?
NAHLA HAIDAR, Committee Chair, asked about the mass displacement of people; how were these people documented?
Responses by the Delegation
The delegation said the legal instruments on sexual violence, particularly the law on children, stipulated how the system was regulated. The Government did not have control over this part of the country, and it hurt that they could not answer questions about things happening on their land. The mechanisms existed, but the State could not enforce its own legal instruments because it did not have control over the territory.
Forced marriage carried a sentence of 20 years in prison for anyone responsible, including a parent or head of a tribe. There were also awareness campaigns being carried out on forced marriage and human trafficking. Institutions took cases of forced marriages very seriously. A State official would not grant a marriage license without verifying the age of those seeking marriage. A provincial action plan was in place for areas where there were high rates of early and forced marriages. The police had put together an action plan against sexual violence which considered the child. The Democratic Republic of the Congo had set up free programmes to provide education on child marriage.
The State did not have access to areas under control of the Rwandan army and armed forces. Rehabilitation had been provided to displaced persons, but there were seven million displaced persons, which meant that the Government could not look after everyone. Over 10,000 displaced persons had received medical care under a programme, but unfortunately the Government had to close this programme due to the war. There was a budget in place to assist displaced persons. Before the war, actions had been taken by the Government in land currently under Rwandese occupation.
This dialogue could be an opportunity to appeal to the international community for financial assistance to improve the State’s humanitarian response to the crisis.
Questions by a Committee Expert
A Committee Expert said due to the humanitarian crisis and high levels of poverty, high levels of food insecurity persisted, disproportionately affecting women and girls. In some cases, women were raped, mutilated, killed or burned. Data was needed for the State party to be able to take measures. Could disaggregated data be provided on the number of women and girls who were victims of conflict-related sexual violence in camps in the eastern part of the country? What actions were applied by the State party to upgrade gender-specific security measures in and around these protection sites? How did the State party sustain an emergency response for women and girls fleeing the conflict? What specific education and training had been provided for peace? How was awareness raising undertaken in the eastern Democratic Republic of the Congo, reaffirming peace and tolerance?
Responses by the Delegation
The delegation said Governments bore the responsibility of protecting their citizens. They should not be persecuting their people. The country had been caught up in a crisis for the past three decades. The programmes put in place demonstrated the commitment of the Government to restore children who had been educated in the culture of killing and war. Before Goma fell, the Government had enacted measures to ensure security of the internally displaced person camps, including preventing people with no business in the camps from entering and installing security controls around the camps. Unfortunately, these efforts had proven to be in vain. An action plan had been rolled out to bolster the humanitarian response, with a key component of the strategy focused on tackling gender-based violence.
Questions by a Committee Expert
A Committee Expert asked what proportion of the extractive industry was owned and led by women? What role did women play in supply chains in key sectors? How was legislation being reformed for companies investing and trading in the extractive industry? How was the State party providing necessary oversight through the licensing of the private sector? How did public and private partnership projects explicitly promote and protect women’s rights? How were appropriate social buffers provided to cushion the impact of war on women?
Responses by the Delegation
The delegation said the State had begun the process of victim identification, and 54 per cent of victims identified were women. This meant these women could benefit from reparations if they arrived at the end of the process. No woman victim would be deprived of her right to reparation or remedy.
In the Congolese mining agreements and the forestry code, there was a legal mechanism in place, called the social clause. Whatever resources were being exploited, no part of the land escaped this principle. Anyone who wished to exploit resources needed to engage with the community, but the State was the sovereign owner. There were no clauses which prohibited women from working in the private sector or in the extractive industries. In the initiative on human rights, there was a voluntary principle which allowed the State to monitor and intervene in instances of mining to ensure there were no violations of human rights or cases of forced labour. Women played a full role in the private sector and there was a high rate of participation there.
Closing Remarks
CHANTAL CHAMBU MWAVITA, Minister for Human Rights of the Democratic Republic of the Congo and head of the delegation, said it was an honour to be with the Committee to speak about the situation in the country. The Democratic Republic of the Congo needed support. The country had faced the aggression of its neighbour Rwanda for more than 30 years. The dialogue today presented an opportunity to ask for unity and for efforts to respect the United Nations Charter.
NAHLA HAIDAR, Committee Chair, thanked the delegation for the constructive dialogue despite the difficult situation being faced in the country. This was an exceptional report, and the Chair thanked the State party for participating in the dialogue which gave the Committee a chance to better understand the situation faced by women and girls who were victims of conflict-related sexual violence. The Committee expressed its solidarity with the Democratic Republic of the Congo and commended the State party for the efforts it had already taken.
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