A/HRC/24/33
obtain military information from civilians about armed groups, especially in North Kivu
province.
22.
The Joint Human Rights Office continued to conduct advocacy with Congolese
authorities on measures to reduce illegal detentions, efforts that led to the release of
numerous detainees. It also conducted awareness-raising workshops for police officers and
other authorities about the rules on arrest and detention. For example, in March 2013, the
Office trained more than 500 PNC agents in Mvula Matadi, Bas Congo province, on basic
human rights principles, including the rights of detainees.
D.
Sexual violence
1.
Recommendations
23.
A recommendation was made that the Government of the Democratic Republic of
the Congo should abolish all provisions of national law that discriminate against women. 17
The Government was also called on to establish and promote an effective mechanism to
receive complaints of sexual violence, including at custodial facilities. 18 The Committee on
Economic, Social and Cultural Rights called on the Government to provide victims with
psychological and medical care.19 It has been consistently recommended that the
Government arrest and bring to justice members of the armed forces who perpetrate acts of
sexual violence.20 Lastly, the State has been called on to pay damages to victims of sexual
violence committed by State agents, and to create an adequate budgetary line for this
purpose in the national budget.21
2.
Action taken by the Government and current situation
24.
Sexual violence continues at appalling levels throughout the country. During the
period under review, the Joint Human Rights Office observed an alarming increase in mass
rape committed by armed groups and members of the Congolese army. In November 2012,
after M23 took over Goma, FARDC soldiers retreated to Minova in South Kivu Province,
where they committed mass rape and other human rights violations over a period of 10
days.22 The Joint Human Rights Office also documented at least 59 cases of sexual violence
committed between 20 November and 2 December 2012 by M23 members following their
takeover of Goma. In addition, Mai-Mai Simba/Lumumba combatants also committed mass
rape, including in Mambasa territory in Orientale Province, in June and November 2012,
when they raped at least 110 women.23 These incidents demonstrate how the Congolese
army and armed groups operating in the east have continued to use rape as a weapon of war
to intimidate the population and to force it into subjugation, as well as to punish civilians
for their perceived collaboration with the enemy.
17
18
19
20
21
22
23
CEDAW/C/COD/CO/5, para. 34.
CAT/C/DRC/CO/1, para. 12.
E/C.12/COD/CO/4, para. 25.
See A/HRC/13/8, para. 94 (79).
See E/C.12/COD/CO/4, para. 25.
See the report of the United Nations Joint Human Rights Office on human rights violations
perpetrated by soldiers of the Congolese Armed Forces and combatants of the M23 in Goma and
Sake, North Kivu province, and in and around Minova, South Kivu province, from 15 November to 2
December 2012, May 2013 (available from
www.ohchr.org/Documents/Countries/ZR/UNJHROMay2013_en.pdf).
See A/67/792–S/2013/149, para. 39.
9
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