A/HRC/39/42
47.
The procedure for the implementation of the human rights due diligence policy in
relation to United Nations country team support for Congolese security forces entered into
force on 5 June 2017.
C.
Sexual violence
48.
The Human Rights Committee urged the Democratic Republic of the Congo to take
all necessary measures to ensure that all cases of sexual violence were investigated and that
the perpetrators were brought to justice and punished if found guilty. It also recommended
physical and psychological support for victims and steps to facilitate their access to legal
services (see CCPR/C/COD/CO/4, para. 20). The Committee on the Elimination of
Discrimination against Women called upon the State to prosecute all acts of violence
against women, punish perpetrators and set up a comprehensive care system for victims
(see CEDAW/C/COD/CO/6-7, para. 22).
49.
During the universal periodic review of the Democratic Republic of the Congo, it
was recommended to the Government, among other actions, that it try all perpetrators of
sexual violence, regardless of rank; that it take adequate measures to reduce and eradicate
sexual and gender-based violence, including by improving the training of the security
forces, and that it provide adequate redress for victims (see A/HRC/27/5, para. 134.60,
134.68, 134.85 and 134.116).
1.
Current situation and action taken by the Government
50.
During the period under review, some progress has been made in countering
impunity for sexual violence, including by classifying certain rape cases as war crimes and
crimes against humanity.
51.
The Military Court of South Kivu heard several cases that are illustrative of this
approach. On 13 December 2017, a provincial deputy and 11 of his co-accused were
convicted and sentenced to life imprisonment, including for a crime against humanity
involving rape, in a case where dozens of children had been abducted and raped in Kavumu
between 2013 and 2016. 12 Furthermore, on 27 January 2018, the Prosecutor’s Office
attached to the Operational Military Court formally charged the former commander of the
armed group Nduma Defence of Congo, Ntabo Ntaberi, alias “Sheka”, who had been
indicted, among other offences, for masterminding the mass rape of at least 387 women and
girls in Walikale (North Kivu) in 2010, on 15 counts, including war crimes involving rape
and sexual slavery.
52.
In November 2017, the Senate Select Committee on Sexual Violence began work on
a bill on reparations for victims of such violence, which seeks to clarify the funding sources
and allocation criteria for such reparations.
53.
In November 2017, the Supreme Council of the Judiciary and the Inspectorate
General of Judicial and Prison Services, with the support of the Joint Human Rights Office,
developed evaluation criteria for the prosecution and investigation of sexual violence. The
Inspectorate General is now using this instrument to evaluate the work conducted by the
judicial services in this area.
54.
Nonetheless, sexual violence continues to be perpetrated on a wide scale both by the
defence and security forces and by armed groups. During the reporting period, more than
572 women, 243 girls and 28 men were victims of conflict-related sexual violence, 13
marking a significant increase over the previous reporting period.
55.
Combatants from the various armed groups and militias were responsible for 74 per
cent of these instances of sexual violence, and more than one fourth of them were
12
13
GE.18-13336
The decision was contested and the case was being heard on appeal at the time of finalizing the
present report.
These figures are derived from the monitoring, analysis and reporting arrangements on conflictrelated sexual violence, in accordance with Security Council resolution 1888 (2009).
9
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