section b
Results and outcomes include: • Discourse on rape is no longer a taboo in the Congo. The subject of SGBV is now openly discussed as a result of the global response. • UNDP created a network of paralegals and lawyers in seven districts specialized in legal assistance and provided training to 330 paralegals in modules on impunity and sexual violence. 275 paralegals were trained in six territories in North-Kivu and a network of lawyers was also created linking barristers from North and South Kivu with NGOs combating sexual violence.44 • Capacity-building for the Military Prosecutor’s office has facilitated the investigation and issuance of warrants of arrest of at least 8 senior military officials. • The project has facilitated improved data collection on sexual violence in eastern Congo and has produced an annual report that provides a reliable source of information. Key issues arising and lessons identified: Despite the high-level political statements and commitment made by the UN and international community, mass rape still occurs. This has been attributed to weak political will45 by the government to implement legislation and reform thus fuelling impunity to crime particularly in eastern DRC. There are concerns that the integrated UN Mission in the DRC – MONUSCO, which despite having the political mandate to do so, has not effectively compelled the government to cause the investigation, arrest and prosecution of those accused of grievous crimes that reportedly include senior military generals both in the national army and in the militia. On its own UNDP does not have the political leverage to address the structural challenges and causes of rape in the DRC and has taken efforts to involve itself politically through MONUSCO, and directly, with some success. For instance, some lessons can be drawn from UNDP’s engagement on the Fizi New Year rape cases in early 2011. UNDP, with the political leverage of MONUSCO, played a critical role in sustaining pressure in calling for the arrest and prosecution of implicated officials; enhancing victims’ and witnesses’ security by stationing personnel at police posts in Fizi; supporting the prosecutor’s office in its investigation and prosecution, and playing a convening role for development partners and local government officials to sustain the case’s momentum. This sustained political pressure and convening role were instrumental in the arrest and sentencing of four senior officials - including Lt. Colonel Kibibi Mutware, who received a 20 year sentence for his principal role the rape of at least 50 women.46 This case provides insight into the possibilities for merging UNDP’s convening power and MONUSCO’s political mandate to address systematic rape and violence. Unfortunately, (often due to bureaucratic issues and practical limitations), it’s not always possible to operate in this manner and this is part of broader issue that can only be dealt with by the UN. Instead, the practical and general programming approach used in the eastern Congo has been to use technical assistance such as capacity building for police and logistical support for law enforcement officials. This approach while pragmatic is inadequate when facing
44 monusco.unmissions.org 45 Weak political will has been manifested in the delay, failure to investigate, arrest and prosecute known or suspected perpetrators of heinous crimes notably those reportedly committed by senior government army officials of leaders of militia groups that are allied to the national army. For instance in Kikoze, South Kivu where women were repeatedly violated and raped, the perpetrators were identified by victims and the community and reported to be the integrated ex-FRF units of the Force Armées de la République Démocratique du Congo (Armed Forces of the DRC - FARDC) who were stationed near the town. See: http://www.asafeworldforwomen.org/partners-in-africa/partners-in-drc/cofapri/cofapri-blogs/657-drc-when-will-rape-end.html 46 Interviews with UNDP Access to Justice Unit August 30th 2011; also see reports by various media including BBC at http://www.bbc. co.uk/news/world-africa-12205969
28 Rule of Law and Access to Justice in Eastern and Southern Africa: Showcasing Innovations and Good Practices