Democratic Republic of the Congo
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
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.”