A/HRC/13/64
support of the United Nations system in the country. The Government has developed a
strategy aimed at preventing, remedying and mitigating the effects of sexual violence in
conflict areas that incorporates the Comprehensive Strategy on Combating Sexual Violence
in the Democratic Republic of the Congo. The Ministry of Gender, Family and Children is
also currently drafting legislation to reform the Family Code and to implement the gender
equality provision of the Constitution.
20.
On 5 July 2009, the President declared a “zero tolerance” policy for human rights
violators, particularly rapists, within the Congolese security forces. On 31 July 2009, for
instance, the Cour militaire du Kasaï oriental, upheld on appeal the sentence against an
inspector at the military prosecutor’s office of Lodja, Sankuru District, Kasaï Oriental
Province, for the rape of a minor in December 2007. He was sentenced to 20 years in prison
and to the payment of a fine of 100,000 Congolese francs. Despite some positive
developments with regard to trials and convictions of low-ranking soldiers and police
officers, impunity for sexual crimes remains chronic. The Congolese authorities have made
very little progress in arresting and prosecuting FARDC elements who are suspects, in
particular high-ranking commanders. During the Security Council visit to the Democratic
Republic of the Congo in May 2009, a list of five high-ranking army officers accused of
rape was handed over to high-level authorities, including the President. Despite such highlevel advocacy, little progress has been made six months down the line. While two of the
five are being detained, no charges have been brought against any of them.
21.
Members of non-integrated armed groups also continue to commit rape. On 3 June
2009, five Maï Maï militia men who raped 135 women in July 2007 in Lieke Lesole, Opala
territory, Oriental Province, were convicted by the military tribunal of Kisangani for crimes
against humanity, including violent rape, and were sentenced to between 30 years and life
in prison. The convicted militiamen were also found jointly liable with the State for US$
2,500 in damages for each victim of violence and US$ 10,000 in damages for each victim
of rape. The Lieke Lesole judgement is a milestone for damages awarded to victims, but
unfortunately no damages have yet been paid.
Actions taken by the United Nations Joint Human Rights Office
22.
UNJHRO continued its empowerment and capacity-building activities in the fight
against sexual violence. Within the framework of the national plan on sexual violence,
UNJHRO is responsible for coordinating this component in the fight against impunity. This
programme aims at decreasing impunity for sexual violence by providing legal assistance to
victims through legal aid clinics in several provinces. Complementing this programme,
UNJHRO provides support in terms of mission allowances for military prosecutors in order
to facilitate investigations; it transports justice personnel, victims and their legal advisers to
Court; and it documents and intervenes to improve the situation. It has also held training
sessions with State and non-State actors. In addition, it has closely monitored and reported
on cases of sexual violence to ensure that those responsible, particularly those in the
security forces, are prosecuted and has offered its support to the military prosecutor for the
investigation needed to bring high-ranking army officers to justice. Recently it has
developed a nationwide programme on access to justice for victims of sexual violence with
the support of various donors. A pilot initiative to advocate for the rights of victims of
sexual violence, including through an assessment of the existing mechanisms for remedies
and reparations for such victims, is also being developed.
Obstacles to the implementation of existing recommendations
23.
Impunity for the perpetrators of crimes of sexual violence is chronic. High-ranking
officials are rarely prosecuted, and, even when there are prosecutions, the justice sector is
so severely under-resourced and understaffed that judicial proceedings are slow. Often
GE.10-10563
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