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Democratic Republic of the Congo

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law on sexual violence criminalizes rape, but the offense was not always reported by victims, and the law was not always enforced. Rape was common. The legal definition of rape does not include spousal rape. It also prohibits extrajudicial settlements (for example, a customary fine paid by the perpetrator to the family of the victim) and forced marriage, allows victims of sexual violence to waive appearance in court, and permits closed hearings to protect confidentiality. The minimum penalty prescribed for conviction of rape is a prison sentence of five years, and courts regularly imposed such sentences in rape convictions. Some prosecutions occurred for rape and other types of sexual violence.

From January to July, the UNJHRO reported at least 556 women and girls were victims of sexual and gender-based violence in conflict-affected areas. The UNJHRO stated perpetrators were primarily IAGs, followed by FARDC, police, and intelligence agents. In June there were 54 cases of sexual violence against women attributed to FDLR combatants. For example, the United Nations reported that on June 17, a woman in Nyiragongo Territory was attacked by eight FDLR combatants and raped while searching for firewood. As of July 31, the United Nations reported the SSF killed 49 women and IAGs killed 116 women.

The SSF, IAGs, and civilians perpetrated widespread sexual violence (see section 1.g.). As of July 31, the United Nations documented 501 adult victims and 64 child victims of sexual violence in conflict. Crimes of sexual violence were sometimes committed as a tactic of war to punish civilians for having perceived allegiances to rival parties or groups. The crimes occurred largely in the conflict zones in North and South Kivu Provinces, but also throughout the country. The 2013-14 Demographic and Health Survey (DHS) found more than one in four women nationwide (27 percent) had experienced sexual violence at some point in their lives, up from 22 percent in 2007.

The Panzi Hospital in Bukavu reported 700 cases of rape occurred near the border of Maniema and Tanganyika Provinces from March to June. Due to armed group activity, however, their planned joint fact-finding mission with the United Nations could not access the area.

In March the PNC launched a nationwide campaign, with support from MONUSCO, to eliminate sexual and gender-based violence by the SSF. On July 7, Colonel Jean Daniel Apanza, head of the military’s internal commission to combat sexual violence, reaffirmed the FARDC’s principle of “zero tolerance for cases of sexual violence.”

MONUSCO reported that, from March 1 to March 15, the military court in Kikwit Province convicted eight PNC agents and two FARDC soldiers of rape, with sentences ranging from three to 12 years in prison.

Most survivors of rape did not pursue formal legal action due to insufficient resources, lack of confidence in the justice system, family pressure, and fear of subjecting themselves to humiliation, reprisal, or both.

The law does not provide any specific penalty for domestic violence despite its prevalence. Although the law considers assault a crime, police rarely intervened in perceived domestic disputes. There were no reports of judicial authorities taking action in cases of domestic or spousal abuse.

Female Genital Mutilation/Cutting (FGM/C): The law describes FGM/C as a form of sexual violence, provides a sentence of two to five years in prison, and levies fines of up to 200,000 Congolese francs ($125); in case of death due to FGM/C, the sentence is life imprisonment.

For more information, see Appendix C.

Other Harmful Traditional Practices: UNICEF and MONUSCO attributed some abuses of children, including sexual violence against young girls, to harmful traditional and religious practices. Perpetrators allegedly targeted children because they believed harming children or having sex with virgins could protect against death in conflict.

Sexual Harassment: Sexual harassment occurred throughout the country. The law prohibits sexual harassment and stipulates a minimum sentence of one year, but there was little or no effective enforcement of the law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization. Estimates on maternal mortality and contraceptive prevalence are available in Appendix C.

Discrimination: The constitution prohibits discrimination based on gender, but the law does not provide women the same rights as men. The law provides women a number of protections. It permits women to participate in economic domains without approval of male relatives, provides for maternity care, disallows inequities linked to dowries, and specifies fines and other sanctions for those who discriminate or engage in gender-based abuse. Women, however, experienced economic discrimination.

According to UNICEF, many widows were unable to inherit their late husbands’ property because the law states that in event of a death in which there is no will, the husband’s children, including those born out of wedlock (provided they were officially recognized by the father), rather than the widow, have precedence with regard to inheritance. Courts may sentence women found guilty of adultery to up to one year in prison, while adultery by men is punishable only if judged to have “an injurious quality.”

Mali

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape and provides a penalty of five to 20 years’ imprisonment for offenders, but the government did not enforce the law effectively. Rape was a widespread problem. Authorities prosecuted only a small percentage of rape cases since victims seldom reported rapes due to societal pressure, particularly because attackers were frequently close relatives, and due to fear of retaliation. No law specifically prohibits spousal rape, but law enforcement officials stated that criminal laws against rape apply to spousal rape. Police and judicial authorities were willing to pursue rape cases but stopped if parties reached an agreement prior to trial.

Domestic violence against women, including spousal abuse, was prevalent. A 2012/2013 gender assessment found a vast majority of women in the country suffered from domestic violence and concluded that 76 percent of women thought it was acceptable for a man to beat a woman for burning food, arguing, going out without telling the man, being negligent with children, or refusing to have sexual intercourse. For example, in Bamako, a man stabbed his wife to death before killing himself in September. In October a woman killed her husband in a Bamako neighborhood in retaliation for his previous violence against her. Spousal abuse is a crime, but the law does not specifically prohibit domestic violence. According to human rights organizations, most cases went unreported as a result of both cultural taboos and a lack of understanding regarding legal recourse. Assault is punishable by prison terms of one to five years and fines of up to 500,000 CFA francs ($830). If premeditated, it is punishable by up to 10 years’ imprisonment. Police were often reluctant to intervene in cases of domestic violence. Many women were reluctant to file complaints against their husbands because they feared their husbands would interpret such allegations as grounds for divorce, were unable to support themselves financially, sought to avoid social stigma, or feared retaliation or further ostracism. The governmental Planning and Statistics Unit, established to track prosecutions, did not produce reliable statistics.

According to the UN’s Panel of Experts’ reporting, the Gender-based Violence Information Management System reported 210 cases of conflict-related sexual violence from January to April, including cases of forced marriage, sexual slavery, castration, forced prostitution, and forced pregnancies.

In its August report, the UN Panel of Experts on Mali reported receiving multiple accounts of female migrants being raped during their journey. For example, on May 19, four armed men intercepted a public transport vehicle traveling from Bamako to Timbuktu near Acharane village, stole all the passengers’ belongings, and gang-raped a 20-year-old woman. On August 31, a group of seven individuals harassed and raped a girl in the Nafadji neighborhood in Bamako. Five of the assailants remained in custody, while two fled and were not captured. The case was under investigation. In October, during the second session of the Court of Assizes, cases related to sexual assault and rape were heard; one rape suspect was convicted and received a 20-year sentence.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is legal in the country and, except in certain northern areas, all religious and ethnic groups practiced it widely, particularly in rural areas. Although FGM/C is legal, authorities prohibited the practice in government-funded health centers.

Parents generally had FGM/C performed on girls between the ages of six months and nine years. The most recent comprehensive FGM/C survey, conducted by UNICEF in 2015, indicated that 83 percent of girls and women between the ages of 15 and 49 were excised, and 74 percent of girls and women in the same age group had at least one daughter who was excised. Government information campaigns regarding the dangers of FGM/C reached citizens throughout the country where security allowed, and human rights organizations reported decreased incidence of FGM/C among children of educated parents.

For more information, see Appendix C.

Sexual Harassment: The law does not prohibit sexual harassment, which routinely occurred, including in schools, without any government efforts to prevent it.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law does not provide the same legal status and rights for women as for men, particularly concerning divorce and inheritance. Women are legally obligated to obey their husbands and are particularly vulnerable in cases of divorce, child custody, and inheritance. Women had very limited access to legal services due to their lack of education and information as well as the prohibitive cost. The government effectively enforced the law.

While the law provides for equal property rights, traditional practices and ignorance of the law prevented women from taking full advantage of their rights. The marriage contract must specify if the couple wishes to share estate rights. If marriage certificates of Muslim couples do not specify the type of marriage, judges presume the marriage to be polygynous.

Women experienced economic discrimination due to social norms that favored men, and their access to education and employment was limited.

The Ministry for the Promotion of Women, the Family, and Children is responsible for ensuring the legal rights of women.

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