A/HRC/13/64
implementation of the Convention against Torture, the adoption of the necessary legislation
has experienced delays, due mostly to the current legislative backlog. The lack of
prosecutions by the authorities against perpetrators of torture is more evidence of the
chronic impunity that still persists in the country. Years of governance that has been at best
unresponsive and at worst threatening have created a cultural belief among Congolese
victims of human rights violations by State officials that complaining is useless because it
will be met with either inaction or retaliation.
C.
Sexual violence and impunity
Existing recommendations
16.
All provisions of Congolese law that discriminate against women should be
abolished. Two important legislative steps should be a comprehensive reform of the Family
Code and the adoption of a gender equality law implementing article 14 of the Constitution.
With regard to sexual violence, State institutions should issue public and unequivocal
denunciations of all forms of violence against women, including spousal abuse, marital rape
and sexual harassment. These denunciations should not be tempered by invoking any
custom, tradition or religious consideration to justify or excuse such violence. The
Government should ensure that members of the State security forces know and comply with
the law on sexual violence, and that the legal system brings the perpetrators to justice
without delay or partiality. Furthermore, the Government should establish and promote an
effective mechanism to receive complaints of sexual violence, including at custodial
facilities, should investigate every complaint and provide victims with psychological and
medical care. Finally, the State should pay damages to all victims of sexual violence
committed by State agents and create a fund for this purpose in the national budget.9
Actions taken by the Government and the current situation
17.
The number of cases of sexual violence recorded by UNJHRO throughout the
country remained alarmingly high during the period under review. These cases are not
limited to areas of armed conflict but are happening throughout the country. Due to lack of
security and lack of separation between inmates, female detainees are at particular risk of
sexual violence. As an example, on the night of 20 to 21 June 2009, during an escape
attempt at the Goma prison, 23 female inmates were raped by co-detainees. While most
rapes are committed by members of armed groups and by the FARDC and the PNC,
UNJHRO has documented a significant and growing number of civilian perpetrators.
18.
Promising initiatives taken by the Government against sexual violence, such as the
Laws on Sexual Violence which were adopted on 20 July 2006 and which introduced major
improvements to the Congolese Criminal Code and the Code of Criminal Procedure, have
not produced the changes expected. If perpetrators of rape are tried and convicted, they
rarely receive prison sentences as long as five years and the State has rarely paid damages,
even though it has been regularly ordered to pay them. In June 2009, the tribunal de grande
instance de Mbuji Mayi rendered decisions in 11 cases of rape, but only 1 prison sentence
exceeded 5 years. The other sentences ranged from 3 to 24 months. Even when victims are
awarded damages for abuses committed by State officials, the Government fails to pay the
damages.
19.
On 25 November 2009, the Government took a step forward by launching its
National Strategy to Combat Gender-Based Violence, which will be implemented with the
9
8
See footnote 1.
GE.10-10563
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