A/HRC/19/48
rapes and other human rights violations committed between 30 July and 2 August 2010 in
the Kibua-Mpofi axis, Walikale territory, North Kivu, and on 31 December 2010 and 1
January 2011 in Bushani and Kalambahiro, Masisi territory, North Kivu, respectively.12
17.
Between January and July 2011, mobile hearings of the military courts and tribunals
made an essential contribution to the fight against impunity for sexual offences. For
example, from 10 to 21 February 2011, mobile hearings were held in Baraka, South Kivu,
in the case of mass rapes and other human rights violations which took place on 1 and 2
January 2011 in Fizi, South Kivu. These hearings enabled the conviction by the South Kivu
military court of nine accused officers, including Lieutenant-Colonel Kibibi Mutware. The
High Commissioner especially welcomes the efforts made by the Congolese judicial
authorities in this regard.
18.
Despite progress in holding perpetrators of rape to account, relatively few rape cases
result in conviction of the perpetrators. Moreover, alleged perpetrators often benefit from
provisional release, causing impediments in the judicial procedure. In cases where the
perpetrators are condemned to pay damages to their victims, who very rarely – if ever –
receive them. Not only are the perpetrators often insolvent, but the execution of awards
requires the payment of additional fees that often prohibit follow up by victims. Even when
the State is condemned to pay damages in solidum, the victims rarely receive them because
of a general lack of legal assistance, despite programmes developed with the support of the
international community, including UNJHRO, and because the State has not allocated funds
for this purpose.
19.
In order to redress this situation, the Minister of Justice and Human Rights devised a
draft law concerning the creation of a fund to enable the State to pay such damages.
Although this draft law was written in 2009, it has yet to be introduced in Parliament.
Activities of the Joint Human Rights Office
20.
During the reporting period, UNJHRO continued to closely monitor incidents of and
investigate cases of sexual violence as well as support judicial authorities in the prosecution
of those responsible. UNJHRO provides technical advice and logistical support to mobile
hearings, as well as to judicial authorities in their investigations. Currently, a project is
being prepared to train and deploy 25 women in Prosecutor’s offices nation-wide to
strengthen their respective sexual violence units. The criminal justice system is also
receiving office equipment, including computers, to strengthen its capacity. This support is
funded by CIDA and the Swedish International Development Cooperation Agency (SIDA).
UNJHRO is also raising awareness about sexual violence and conducting campaigns to
disseminate the 2006 law on sexual violence.
21.
In order to lower the barriers for victims of sexual violence to seek judicial redress,
UNJHRO is implementing two projects in partnership with CIDA and SIDA to establish
legal clinics that will assist victims free-of-charge throughout the judicial process. Between
January and October 2011, 15 additional legal clinics were established, bringing the total to
25 clinics operating in all provinces of the country, except for Orientale.
12
Report on the investigation missions of the United Nations Joint Human Rights Office into the mass
rapes and other human rights violations committed in the villages of Bushani and Kalambahiro,
Masisi territory, North Kivu, on 31 December 2011 and 1 January 2011; and Final report of the factfinding missions of the United Nations Joint Human Rights Office into the mass rapes and other
human rights violations committed by a coalition of armed groups along the Kibua-Mpofi axis in
Walikale territory, North Kivu, from 30 July to 2 August 2011.
9
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