A/HRC/10/59
page 13
37. Both the Special Rapporteur on violence against women and the Special Representative of
the Secretary-General on children and armed conflict have found that while many perpetrators of
sexual violence are armed actors (FARDC, PNC, and armed groups), a significant and increasing
number are also civilians not only in zones affected by the conflict but also in other parts of the
country.16 This is explained by the climate of impunity, absence of rule of law and the
normalization of violence as an additional aspect of women’s oppression.
38. It is also alarming that a significant percentage of the victims are girl-children (and in some
cases also boys). From June 2007 to the end of June 2008 in Ituri, out of 6,766 cases reported
and assisted by partners of the United Nations Children’s Fund (UNICEF), 2,893 were children
(43 per cent): 2,516 girls and 377 boys. In cases of child rape, 42 per cent of the perpetrators
were members of the security forces or armed groups and 58 per cent were civilians. In the same
period in North Kivu, UNICEF partners assisted 4,770 cases of sexual violence, of which
approximately 38 per cent were against girl-children. For cases of rape of children, 70 per cent of
the perpetrators were members of the security forces or armed groups and 30 per cent of the
perpetrators were civilians. In South Kivu, out of 6,242 cases of sexual violence reported and
assisted by UNICEF partners.17
39. The consequences of violence against women and girls are devastating. Since most rapes
are collective, carried out with an extraordinary brutality and often accompanied by additional
atrocities, women and girls often die as a result of the violence. Survivors often suffer vaginal
fistula (a hole torn between vagina and rectum or vagina and bladder), lose their reproductive
capacity or are infected with HIV and other sexually transmitted diseases.18 In view of the
massive level of reported sexual violence, and of the clear link between mass rapes and the
transmission of HIV/AIDS, it is particularly important that health services be affordable and
accessible to those living with the disease. Furthermore, health personnel should assist in the
collection of evidence to ensure that those responsible are brought to justice and held
accountable for their actions. The fact that survivors of rape have to pay a fee they often cannot
afford for the forensic medical evidence certificate needed to open criminal investigations and
the inconsistent use of a standardized certificate obstructs access to justice and thus contributes
to impunity.
40. Survivors of sexual violence often end up destitute and struggle for their mere survival,19
because they will often be rejected by their own husbands, families and communities and loose
their social support networks. Under Congolese law, criminal courts can order perpetrators of
crimes, including the State, to pay compensation to victims. The Congolese State has been
sentenced to pay compensation to a number of women raped by State agents. However, none of
16
A/HRC/9/3, paras. 10 and 11.
17
Report of the Secretary-General on children and armed conflict in the Democratic Republic of
the Congo to the Security Council (S/2008/693), paras. 42-44.
18
A/HRC/7/6/Add.4, para. 57.
19
Ibid., para. 61.
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