A/HRC/10/59
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number of minority candidates being elected to office, which has bred further resentment.
Ensuring the adequate political representation of minority groups in the democratically
constituted institutions at the national, provincial and local level will help to stifle political
manipulation attempts by armed groups.
5. Lack of equality between men and women
82. Civilians are increasingly among the perpetrators of rape, which indicates a normalization
of the war-related violence. This intensifies existing inequalities and oppression of women in
society. Regrettably there is a tendency on the part of some to perceive sexual violence as an
exclusively war related phenomenon with little or no regard to the serious inequality between
men and women in the DRC.
83. Women face discrimination and violence in places of work and education. Girls are often
denied access to education, as families privilege boys’ attendance to school. Sexual coercion of
women and girls, committed by supervisors, professors and teachers, is a long-standing
phenomenon that existed before the armed conflicts.
84. Gender inequality and the oppression of women are not only deeply rooted in society, but
they continue to be officially sanctioned through discriminatory laws. The Family Code
recognizes equality between the spouses (art. 330), but effectively renders a married woman a
minor under the guardianship of her husband. Article 444 stipulates that the wife must obey her
husband; article 448 requires a woman to obtain her husband’s authorization to effect any legal
act for which she must present herself in person. It is encouraging that the Minister of Gender
has drawn up a law to reform the Family Code. It is also positive that article 14 of the
Constitution stipulates that women have a right to equitable representation in national, provincial
and local institutions and mandates the State to guarantee this. However, the process to draft a
gender parity law to implement the Constitution is still ongoing and women remain grossly
underrepresented in the newly established democratic institutions as well as within law
enforcement, armed forces and justice system.
85. The seven thematic special procedures are convinced that if the problem of sexual violence
in conflict is addressed in isolation of the wider nexus of gender-based discrimination, the very
serious levels of violence endured by women in “peace” will be grossly neglected and the war on
women reinforced. As noted by the Special Rapporteur on violence against women, without
fundamentally altering gender relations and supporting women’s empowerment, high levels of
rape will persist, even if stability, the rule of law and democratic, civilian control over the armed
forces are established.
III. CONCLUSIONS AND RECOMMENDATIONS
86. In line with its international human rights commitment, the Government of the
Democratic Republic of the Congo has the obligation to respect, protect and fulfil the
human rights of everybody living in the DRC. This implies duties to refrain from certain
acts, but the Government has, as the Council stressed in resolution S-8/1, paragraph 6, also
“the primary responsibility to make every effort to strengthen the protection of the civilian
population and to investigate and bring to justice perpetrators of violations of human
rights and of international humanitarian law.” More generally, the Congolese authorities
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