A/HRC/42/32
for 550 State officials and members of the defence and security forces, in particular the
army, the police and the prison authorities.
44.
Through the adoption of risk mitigation measures, the implementation of the policy
has led to significant progress in the fight against impunity, including the establishment of
joint committees to monitor cases of human rights violations.
C.
Sexual violence
45.
In its concluding observations on the fourth periodic report of the Democratic
Republic of the Congo, the Human Rights Committee urged the Government to take all
necessary measures to ensure that all cases of sexual violence are investigated and that the
perpetrators are prosecuted and, if found guilty, punished. It also recommended that
physical and psychological support should be provided to victims and that their access to
legal services should be facilitated (CCPR/C/COD/CO/4, para. 20).
46.
In its concluding observations on the combined sixth and seventh periodic reports of
the Democratic Republic of the Congo, the Committee on the Elimination of
Discrimination against Women called on the State to prosecute all acts of violence against
women, to punish the perpetrators and to set up a comprehensive care system for victims
(CEDAW/C/COD/CO/6-7, para. 22).
47.
In its concluding observations on the second periodic report of the Democratic
Republic of the Congo, the Committee against Torture recommended strengthening the
capacity of judges to combat sexual violence and implementing measures to facilitate
access to justice for victims (CAT/C/COD/CO/2, para. 33).
48.
During the universal periodic review of the Democratic Republic of the Congo on 29
April 2014, it was recommended, inter alia, that the Government should try perpetrators of
sexual violence, regardless of rank; that it should take adequate measures to reduce and
eradicate sexual and gender-based violence, including by improving the training of the
security forces; and that it should create appropriate avenues of redress for victims
(A/HRC/27/5, paras. 134.60, 134.68, 134.85 and 134.116).
1.
Current situation and action taken by the Government
49.
Sexual violence continues to be perpetrated on a large scale by State agents and
armed group fighters. During the reporting period, at least 726 women, 234 children and 3
men were victims of conflict-related sexual violence, a significant increase over the
previous reporting period.
50.
Fighters from different armed groups and militias are responsible for 68 per cent of
the documented cases, primarily Mai-Mai Raia Mutomboki combatants, members of the
Nduma défense du Congo-Rénové group and Twa militiamen. The other cases are
attributable to State agents, mainly members of the armed forces of the Democratic
Republic of the Congo (22 per cent of the total victims). The armed forces and the
Congolese national police continue to be listed in the annex to the report of the United
Nations Secretary-General on conflict-related sexual violence (S/2019/280).
51.
North and South Kivu are the provinces most affected by this violence, which
mostly takes the form of rape, gang rape and forced marriage, mainly of women and girls,
though men and boys are also victims. Several mass rapes were reported during the period
under review, including by Mai-Mai Raia Mutomboki combatants in Shabunda territory,
South Kivu. In North Kivu, the number of rapes committed by fighters of the Nduma
défense du Congo-Rénové, Nyatura and APCLS-Rénové groups has increased steadily
since the beginning of 2019, in a context of growing insecurity and population
displacement. In addition, in highly militarized conflict areas such as Beni, in North Kivu,
and Uvira, in South Kivu, the Joint Office has continued to document numerous cases of
sexual violence committed by soldiers.
52.
In Tanganyika province, the number of cases of rape, gang rape and sexual slavery
mainly targeting women and girls and committed by Twa militiamen (47 women and 4
GE.19-13875
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