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access to antiretroviral drugs and safe abortion services, particularly in conflict-affected
areas where State authorities are absent or weak, and the infrastructure is insufficient or
inadequate. Holistic support (legal, medical and psychosocial) can only be found in and
around urban areas, where they are far from adequate or sufficient. In isolated areas where
the justice system is absent or weak, practices such as amicable arrangements are frequently
resorted to, whereby the victim’s family agrees with the perpetrator’s relatives to a financial
settlement or other transactions (including marriage), in order to “close” the case.
22.
Nevertheless, during the reporting period, there were landmark advances to combat
conflict-related sexual violence. Military tribunals convicted 30 individuals, including
20 FARDC members, 9 Congolese national police elements and 1 member of an armed
group (a combatant from the Forces démocratiques de libération du Rwanda) for sexual
violence.2 The trials of General Jérôme Kakwavu and Lieutenant Colonel Bedi Mobuli
Engangela, alias “Colonel 106”, took place on 7 November and 15 December 2015,
respectively. Those two individuals were on a list of five senior FARDC officers accused of
rape, among other crimes, which a Security Council delegation provided to President
Kabila in May 2009.3
23. On 14 July 2014, President Kabila appointed a Presidential Adviser on Sexual
Violence and the Recruitment and Use of Children, Jeanine Mabunda, to accelerate
national action on the issue and engage with the international community. Ms. Mabunda
has undertaken field missions all over the country to familiarize herself with the situation
of victims of sexual violence and observe mobile court hearings (supported by the United
Nations Joint Human Rights Office) in Kiwanja, Rutshuru and Matadi. Victims highlighted
to her the hindrances they faced in seizing justice and requested measures to facilitate such
a process. In December 2014 Ms. Mabunda launched a toll-free number that victims,
witnesses and families can call to denounce sexual violence and request assistance. At the
time of drafting the present report, 432 calls had been made using the toll-free number and
50,000 awareness text messages had been sent to the population.
24.
On 28 August 2014, the Government, together with the MONUSCO Sexual
Violence in Conflict Unit, the United Nations Joint Human Rights Office and the Office of
the Special Representative of the Secretary-General on Sexual Violence in Conflict,
launched the FARDC action plan against sexual violence. FARDC was directly involved in
drafting a plan for addressing sexual violence committed by FARDC members. The plan
included the creation of a specialized commission and the definition of five priority
activities: prevention, repression, protection, communication, monitoring and evaluation. A
commission was created on 29 October 2014 by a decree of the Vice-Prime Minister in
charge of national defence and former combatants. It includes representatives of
MONUSCO and the United Nations Entity for Gender Equality and the Empowerment of
Women. During her mission to the Democratic Republic of the Congo from 29 to 31 March
2015, the Special Representative of the Secretary-General attended the official ceremony
establishing the commission, during which 10 FARDC unit commanders signed a
declaration reiterating their commitment to eradicating sexual violence.
25.
In September 2014, reparations were paid to 30 victims who had been raped in
Songo Mboyo and Equateur Provinces in 2003. The payment of individual financial
compensation to survivors was unprecedented and marked a breakthrough in the
administration of justice. This case points, however, to the length of time the execution of
2
3
8
These figures are from June 2014–January 2015.
The other three officers were Colonel J. C. Mosala (on the run), Colonel Safari Kizungu (acquitted on
21 October 2011) and Lieutenant Colonel Papy Lungu Mobambo, alias “Pitchen” (deceased in
Mitwaba, Katanga Province in 2012).
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