A/HRC/19/48
Action taken by UNJHRO
13.
During the period under review, UNJHRO continued to organize frequent visits to
detention facilities all over the country, in collaboration with the Congolese authorities and
other partners, although it was denied access to some detention facilities, as mentioned in
paragraph 11 above. UNJHRO continued to conduct prison visits and monitor individual
cases of detainees. In cooperation with the corrections unit of MONUSCO, UNJHRO
advised prison directors on human rights-related issues. Also in collaboration with this unit
and with funding from the Canadian International Development Agency (CIDA), UNJHRO
is rehabilitating Kangbayi prison in Beni, North Kivu, and the central prison in Kalehe,
South Kivu.
Obstacles to the implementation of existing recommendations
14.
As few significant measures have been taken since the High Commissioner’s last
report, there is little improvement in the situation. 10 The penitentiary system is poorly
funded and corruption networks have taken root. These networks are resisting reform
initiatives that might render their activities less profitable or tend to capitalize on them.
Although the law penalizing torture has been adopted, its consistent application remains a
significant challenge, given the lack of capacity and the need to train penitentiary, judicial
and security personnel.
C.
Sexual violence
Existing recommendations
15.
The Democratic Republic of the Congo should abolish all provisions of national law
that discriminate against women. State institutions should denounce publicly and
unequivocally all forms of violence against women, including marital violence and rape.
Custom, traditions or religious considerations must not be invoked to temper these
denunciations. The Government should establish and promote an effective mechanism to
receive complaints of sexual violence, including at custodial facilities. The High
Commissioner, among others, has called on the Government to provide victims with
psychological and medical care. Furthermore, the Government has to ensure that members
of the State security forces know and comply with the laws on sexual violence and that
perpetrators are brought to justice without delay. Finally, the State should pay damages to
all victims of sexual violence committed by State agents and create a fund for this purpose
in the national budget.11
Action taken by the Government and current situation
16.
The number of victims registered by UNJHRO remained high over the course of
2011. The High Commissioner is particularly preoccupied by the high incidence of rape of
minors and by several grave cases of mass rapes committed by FARDC soldiers and
various armed groups. For instance, between the end of April and the beginning of May
2011, UNJHRO conducted, with judicial authorities, several missions to camps of
internally displaced persons (IDPs) in Katanga province. During these missions, UNJHRO
documented allegations of rape, including gang-rape, of at least 102 women and one girl by
combatants of the Democratic Forces for the Liberation of Rwanda (FDLR) between
November 2010 and January 2011. In July 2011, UNJHRO published two reports on mass
10
11
8
A/HRC/13/64 para. 15 and A/HRC/16/27 para. 20.
See footnote 3.
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