A/HRC/33/36
services of incommunicado detention, including of political opponents or influential
members of civil society, which has been observed on several occasions, is worrying.
31.
In 2010, the Democratic Republic of the Congo ratified the Optional Protocol to the
Convention against Torture, which requires the establishment of a national mechanism to
prevent torture and other cruel, inhuman or degrading treatment or punishment.
Nevertheless, the mechanism has not yet been set up.
32.
Despite the legislative framework, which includes the 2011 Act on the
criminalization of torture, the number of convictions for acts of torture remains low,
particularly because of ignorance of the law within the judiciary and among the general
public. Through its outreach efforts, the Office continues to support the dissemination of
such legislation.
D.
Sexual abuse
33.
In 2014, during the universal periodic review of the Democratic Republic of the
Congo, it was recommended that the Government should strictly enforce the 2006 law on
sexual violence and its zero tolerance; prosecute all perpetrators of such abuses, regardless
of their rank; and take appropriate measures to reduce and eradicate incidents of sexual and
gender-based violence, including by improving the training of the security forces. The
creation of mechanisms capable of preventing all forms of violence against women and of
adequate remedies for victims was also recommended.11
1.
Current situation and action taken by the Government
34.
Sexual violence remains a major concern in the Democratic Republic of the Congo
because of social practices that perpetuate it and because it continues to be used as a
weapon of war by parties to the conflict in the east. During the reporting period, the United
Nations Joint Human Rights Office documented 635 victims of rape in conflict-affected
provinces, including North Kivu, South Kivu and Ituri; 76 per cent of the victims had been
raped by members of armed groups and nearly 24 per cent by State agents. Among the main
perpetrators of rape are various factions of Raïa Mutomboki, followed by members of the
Forces de résistance patriotique de l’Ituri and the Forces démocratiques de libération du
Rwanda.
35.
Victims of sexual violence continue to endure lack of access to health and legal
services and lack of redress and compensation. Comprehensive care (medical,
psychological, legal and economic) is available only in some urban areas and their
surroundings; elsewhere, it remains insufficient or inadequate. In remote areas where the
judicial system is absent or poorly represented, amicable agreements — financial or other
(including marriage) — are commonly employed to “close” cases, without the victim’s
rights being restored.
36.
Nevertheless, some progress has been made in the fight against sexual violence,
including conflict-related sexual violence. During the reporting period, the military justice
system convicted at least 126 perpetrators of conflict-related sexual violence, including
FARDC soldiers, national police officers and four ex-combatants of the Mouvement du 23
mars (M23), the sentences ranging from 1 to 20 years’ imprisonment.
37.
On 20 October 2015, the Office of the Personal Representative of the President on
sexual violence and the recruitment and use of children launched a second campaign, called
“Break the silence”, in the provinces of North and South Kivu, in order to encourage
11
GE.16-13984
A/HRC/27/5, paras. 134.60, 134.68, 134.71, 134.85 and 134.116.
9
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