| Table of Contents |
Gender-Based Violence (GBV) Overview, 2003:
All parties to the conflict in DRC frequently and sometimes systematically used sexual violence and rape as weapons of war, according to Human Rights Watch. Combatants raped women and young girls during military operations and used them as sexual slaves and domestic servants, sometimes for periods of more than a year. Human Rights Watch and others documented extreme brutality against victims of sexual violence. In some cases, women and girls were so badly injured that they required reconstructive surgery. In addition, they were frequently traumatized and stigmatized by the population. Many victims also contracted sexually transmitted infections (STIs), including HIV. The lack of medical services throughout DRC left most victims with little hope for treatment.
Update:
The victims of rape or other forms of sexual violence in DRC are believed to number in the hundreds of thousands. Precise numbers of rape cases will never be known as many victims do not come forward due to potential repercussions. Determining precise numbers is also complicated by the reality that some girls and women have been raped more than once, at different times and by different forces.
The Joint Initiative on the Fight against Sexual Violence towards Women and Children, which includes the Congolese government, NGOs and the UN, has assembled some statistics, however these statistics do not specify the age of the victims. A representative of the Joint Initiative reported that from the outset of the war in 1998 to 2004, more than 40,000 cases of sexual violence have been recorded. These are as follows:
25,000 cases in South Kivu;
11,350 cases in Maniema;
3,250 cases in Kalemie;
1,652 cases in Goma;
1,162 cases in Kinshasa.
(Note: these figures are not exhaustive, as the study did not cover vast areas of the country.)
All armed groups continue to perpetrate rape and sexual violence against girls and women. Human rights defenders have documented rape cases of girls and women by RCD-G, Mai Mai, Burundian FDD/FNL, Rwandan FDLR, RCD-ML, MLC, UPC, FNI, FAPC (People’s Armed Forces of Congo), FAC/FARC, Lendu armed groups and others. Identification of perpetrators is often difficult, however, and must generally be treated with extreme caution due to fear of reprisals.
Congolese government security personnel are also implicated in the rape of women and girls. In a case in February 2005, Colonel Bonane, commander of the FARDC’s 11th Brigade, admitted in an interview with AI that his troops raped women and girls, especially during an attack on Nyabiondo in North Kivu. He claimed that the violations were committed by undisciplined personnel. In another case, on October 11, 2005, three police officers raped a 14-year-old girl after having detained her on theft charges. According to UN officials, the police officers were later arrested. However, in most instances no action is taken against the perpetrators of rape.
Between February 2004 and June 2005, the local NGO Bureau pour le Volontariat au Service de l’Enfance et de la Santé (BVES) documented the rapes of 24 girls, mostly between ages 12 and 18, by the Interahamwe and FARDC in South Kivu. In one case, a baby girl aged 14 months was raped by FARDC combatants in September 2004; following the rape, she died of her injuries. The men also raped the baby’s mother during the attack.
In December 2005, OCHA logged at least 174 cases of sexual violence perpetrated in Ituri by members of the Congolese national army and armed groups, in addition to at least 40 cases in North Kivu, especially in the Beni area, and 22 cases in Orientale Province, OCHA Humanitarian Update, December 2005.
In the past years, there has been an increase in efforts to confront sexual violence in eastern DRC. These have included both programs to assist victims and in-depth research studies on the extent, nature and consequences of the sexual violence in DRC. However, much more needs to be done to provide timely and appropriate medical and psychological treatment for the victims and to end impunity for these crimes.
In many cases, the rapes documented in DRC are characterized by extreme cruelty, including against young girls and sometimes boys. Attacks comprise individual rapes, sexual abuse, gang rapes, mutilation of genitalia, rape involving the insertion of objects into the victim’s genitals, forced rape between victims and rape-shooting or rape-stabbing combinations, at times undertaken after family members have been forced to watch, according to USAID’s assessment, Sexual Terrorism: Rape as a Weapon of War in Eastern DRC, 2004, and other sources.
Some girls are held in captivity as sexual slaves for extensive periods of time. AI documented the case of Caroline, age 15, from Kindu, Maniema Province. In July 2003, Mai Mai fighters captured, raped and tortured her during the course of two months. She explained that they would tie her and other girls up, whip them and then drop them from trees into the river. She said every morning, noon and evening, they would put all the girls in the same house, force them on the ground and rape them all in the same room at the same time. During the rapes, the fighters would hit and kick the girls in the face, stomach and back. In addition, girls were starved by their Mai Mai captors and only survived by drinking the water they could find on the ground.
In late June 2005, a soldier of the ex-FAR/Interahamwe entered a village in the Uvira Territory of South Kivu Province and raped two sisters, Bahati, age 10, and Feza, age nine. The soldier raped the girls as they were returning to a field to help their mother transport cassava. A local NGO following this case reported to Watchlist that both girls suffered serious injuries but were unable to reach the nearest hospital in Lemera for appropriate care because of their family’s lack of resources. With assistance from the local organization, the alleged perpetrator was identified and located and the case has been reported to local authorities. However, at the time of writing, the authorities had not taken any action to apprehend the perpetrator or seek justice for the rapes.
According to an assessment conducted by USAID, one doctor in Panzi Hospital, Bukavu, explained that attackers encircle villages and rape the women publicly and collectively, including children and the elderly. The assessment found that victims of sexual violence range in age from as young as four months to 84 years. Most rapes and sexual violence seem to be planned in advance, according to Women’s Bodies as a Battleground: Sexual Violence against Women and Girls during the War in the Democratic Republic of Congo, South Kivu (1996–2003), a comprehensive study covering the period from 1996 to 2003, released in 2005 by International Alert, together with two local NGOs working to support victims of sexual violence in eastern DRC, Réseau des Femmes pour un Développement Associatif and Réseau des Femmes pour la Défense des Droits et la Paix.
The following are several documented examples typical of rape and sexual violence against girls:
In December 2004, a 10-year-old girl, Josephine, was raped by two RCD-Goma soldiers when they discovered her hiding in the forest near Nyabiondo. During the same attack, 10 RCD-Goma soldiers raped a mother and her 12-year-old daughter, Colette, in front of their entire village near Nyabiondo. After the rapes, the soldiers abducted Colette, claiming that she was their possession (AI: North Kivu: Civilians Pay the Price for Political and Military Rivalry, September 28, 2005).
During fighting in North Kivu in 2004 and early 2005, soldiers shot and raped the mother and father of a 10-year-old girl, Aurelie, in front of her and then gang-raped her. In a personal account to AI, the girl could not determine the number of soldiers involved in the rape (AI: Arming the East, 2005).
In Masisi town in early 2005, HRW researchers encountered a 12-year-old girl whose feet were badly swollen from weeks of walking through the forest with her sister. She recounted that when the Congolese soldiers arrived in her village in North Kivu, she ran away after four women and her young cousin were raped in front of her (HRW: Civilians Attacked in North Kivu, 2005).
In early July 2005, an officer of the Mai Mai’s 17th Brigade raped a 13-year-old girl named Apendeki in a village in Fizi Territory. The girl was treated for her injuries at the Swima health center. A local child protection network has brought the case to the attention of local authorities; however, no action has been taken to investigate the alleged perpetrator (reported to Watchlist by a local NGO in Uvira Territory, July 2005).
An 8-year-old girl was raped by uniformed soldiers near Goma while she was picking cabbage in her family’s field. Following the rape, she was brought to a private hospital in Goma, run by DOCS, where she received physical and psychological care (Refugees International, DRC: Local NGO Works to Heal Victims of Gender-Based Violence, November 16, 2005).
During the night of November 25, 2005, three FARDC soldiers in a military camp in Kisangani, Orientale Province, gang-raped an 11-year-old girl. According to MONUC’s Human Rights Section, the girl was tied with an electric cable and repeatedly raped by the three soldiers (MONUC Human Rights Division, January 23, 2006).
During the fighting in Bukavu in May and June 2004, hundreds of girls and women were raped by the renegade RCD-G fighters led by General Nkunda and Colonel Mutebutsi, with alleged support from the Rwandan national army. HRW documented numerous cases in Seeking Justice. The following are a few examples:
On June 3, dissident fighters entered a home where four teenaged girls were hiding. They found the girls, demanded money and then raped them each multiple times.
On June 3, six fighters gang-raped a woman in front of her husband and children, while another soldier raped her 3-year-old daughter.
On June 4, six fighters raped two 3-year-old girls who were hiding with other women and girls.
Fighters under Nkunda’s command committed rape in villages outside of Bukavu, such as the rape of three sisters, aged 13, 14 and 18, in their family’s field. The 13-year-old died of wounds suffered while four men raped her, spreading her arms and legs and holding her down.
According to International Alert’s Women’s Bodies as a Battleground, 2005, the majority of women and girl victims of rape suffer vesico-vaginal or recto-vaginal fistulas or a prolapsed uterus, which require surgery; venereal diseases, which can lead to sterility if left untreated; and HIV infection (see above: HIV/AIDS). However, 70 percent of the victims interviewed in the study had not received medical treatment after being raped. Some had decided not to go to health centers so as not to reveal what had happened; others were not able to reach functioning health centers due to the nation’s broken-down health system. As a result, many young and older survivors of sexual violence rely on traditional medicines or medicinal plants. This study was based on extensive data obtained from detailed interviews with 492 women and girl survivors of rape and from the examination of files relating to 3,000 victims of rape and sexual violence kept by local organizations.
Following rape, many girls and women are abandoned by their husbands and ostracized by their families and communities, condemning them and their children to lives of poverty, according to AI’s Mass Rape: Time for Remedies, 2004. Unmarried girls who are raped have little prospect of getting married, as entire families are deeply shamed by association. Parents will not receive a dowry for daughters who have been raped. Rape of young girls is essentially a “social murder,” according to the USAID assessment Sexual Terrorism: Rape as a Weapon of War in Eastern DRC. Girls with HIV or suspected of being HIV positive have extremely low chances of getting married, which casts a grim shadow on their futures given the social context.
Girls and women who become pregnant as a result of rape are often also subject to extreme social pressure. The children of these rapes are commonly referred to as mutoto wa haramu, which generally means delinquent or without good manners, in reference to the man or men who perpetrated the rapes. Some girls and women who were already pregnant when they were raped have suffered immediate or delayed miscarriage, neonatal death or an infant with congenital abnormalities, according to MSF, “I Have No Joy, No Peace of Mind”: Medical, Psychological, and Socio-Economic Consequences of Sexual Violence in Eastern DRC, April 2004. One rape survivor in Fizi Territory told MSF that she was eight months pregnant when she was violently gang-raped, and although the baby survived, he is constantly sick.
AI’s Mass Rape indicates that in some areas of eastern DRC, the climate of stigmatization and exclusion is slowly improving. Because rapes have been so extensive in some areas, including male rapes, virtually no family has been left untouched. This has helped to alleviate some of the traditionally harsh attitudes towards rape survivors.
Survivors of rape also suffer psychosocial consequences. Of the 492 interviewees in International Alert’s study among women and girl survivors of rape in South Kivu, 91 percent claimed that they were suffering from latent fear, shame, self-loathing, excessive sweating, insomnia, nightmares, memory loss, aggression, anxiety, sense of dread and withdrawal into themselves. Interviewees also reported fear of having contracted HIV/AIDS or other sexually transmitted infections (STIs) and found it extremely difficult to return to their regular sexual relations.
According to the USAID assessment Sexual Terrorism, fear of sexual violence is at least partially responsible for malnutrition in some areas of DRC, because women are afraid to work in their fields. Fear of sexual violence also interrupts children’s education when parents keep their children at home to avoid attacks.
Boys and men in increasing numbers are also reporting having been sexual assaulted by combatants, according to HRW, AI and others. AI reports in Arming the East the rape of boys, accompanied by other acts of extreme violence, including bayonet or gunshot wounds to the genitals of the victims. According to HRW, few male victims have given detailed statements about attacks they have suffered. However, several male victims have sought treatment at centers assisting victims of sexual violence. MSF reports that at its clinic for survivors of sexual violence in Baraka, Fizi, South Kivu, the youngest patient has been a 10-year-old boy who was raped by an armed man, while his mother was raped by two others, “I Have No Joy, No Peace of Mind”: Medical, Psychological, and Socio-Economic Consequences of Sexual Violence in Eastern DRC, 2004.
Sexual Exploitation and Abuse by MONUC Overview, 2003:
MONUC strictly prohibits any act of sexual abuse and/or exploitation by members of its military and civilian components. In December 2002, the UN Special Representative of the Secretary-General circulated a memorandum clarifying MONUC’s policy on prohibition of sexual abuse and/or exploitation. Among the prohibited activities are any exchange of money, goods or services for sex, and sexual activity with persons under age 18.15 In 2003, Watchlist reported that UN sources had stated that rumors of abuse and sexual exploitation of women and girls by MONUC personnel circulated regularly. However, confirmed information was limited and few formal complaints had been lodged with MONUC.
Update:
In mid-2004, international news reports began to surface regarding allegations of sexual misconduct by MONUC military and civilian personnel with young girls and women in Bunia, Ituri District. On December 17, 2004, in “Congo Peacekeeper Sex Scandal: Investigators Said to Be Threatened,” the New York Times exposed a confidential 34-page UN investigation detailing dozens of allegations of sexual misconduct by peacekeepers from Morocco, Nepal, Pakistan, South Africa, Tunisia and Uruguay.
The following day, the New York Times ran a second piece explaining that allegations leveled against the UN included sex with underage girls, sex with prostitutes and rape, “In Congo War, Even Peacekeepers Add to Horror,” December 18, 2004. In addition, the New York Times reported that the confidential UN investigation found that MONUC personnel paid US$1 to US$3 for sex or bartered sexual relations for food or promises of employment. Approximately 150 allegations had been uncovered.
Subsequently, the UN Office of Internal Oversight Services (OIOS) began an investigation into the allegations. On January 5, 2005, the OIOS released its report on the investigation of May 2004 into allegations of sexual exploitation and abuse by MONUC (A/59/661). According to the OIOS report, the problem of sexual exploitation and abuse of Congolese girls and women by MONUC personnel was serious and ongoing. It explained that through interviews with Congolese women and girls, OIOS confirmed that sexual relations with peacekeepers occurred with regularity, usually in exchange for food as meager as two eggs or a packet of milk, or small sums of money.
The OIOS investigated a total of 72 allegations; however, many lacked names and specific details, leading to quick dismissal of several cases. Of the 72 allegations, 68 involved military personnel and four involved civilian personnel. In addition, the investigation was hampered by lack of cooperation by some military contingents and difficulty obtaining access to some survivors and witnesses. In total, OIOS developed 19 cases against military personnel and one case against an international civilian post. Most of the cases confirmed by the OIOS team involved girls under the age of 18, including five girls between the ages of 11 and 14.
The report explains that for most of the younger girls, having sex with peacekeepers was a means of getting food and sometimes small sums of money. In addition, Congolese boys and young men often facilitated sexual encounters between girls and peacekeepers in return for food or small sums of money for their services.
OIOS identified the following factors as contributing to MONUC personnel’s sexual exploitation of the local community:
poverty affecting the general population, especially the IDPs at the camp;
food insecurity of the general population;
idleness among children not attending school;
erosion of family and community structures;
discrimination against women and girls;
insecurity of the perimeter fencing, encouraging interaction between the military and the general population;
inadequate patrols by military police and insufficient enforcement of military discipline;
absence of any programs for off-duty peacekeepers;
lack of a prevention program in MONUC against sexual harassment and abuse;
lack of facilities and programs aimed at protection of vulnerable populations.
In addition, OIOS reported that few military or civilian staff seemed aware of the directives, policies, rules and regulations governing sexual conduct that they were obligated to follow. OIOS reported that the investigators found “freshly used condoms” littering guard posts and command centers in Bunia during their investigation.
The OIOS report does not specify the nationality of the peacekeepers accused or found guilty of sexual abuse and exploitation of girls and women. Rather, it states that the UN Department of Peacekeeping Operations has provided the report to relevant troop-contributing countries under whose jurisdiction legal action must be taken. It also explains that due to troop rotation, many of the peacekeepers implicated in these activities have not been held accountable for their actions.
In February 2005, six Moroccan peacekeepers were arrested for alleged sexual abuse. In July 2005, six Nepali soldiers who had served in Bunia were sentenced to three months in prison for sexual abuse. This is the first publicly known case in which soldiers who have returned home have been prosecuted and sentenced for crimes committed while on duty as UN peacekeepers, BBC, “Nepal Troops Jailed for Sex Abuse,” July 22, 2005.
In September 2005, the government of Nigeria removed from DRC an entire Nigerian police contingent of 120 officers and barred them from participating in any future peacekeeping operations after 10 policemen and a senior officer were accused of sexual abuse while serving in DRC. As of September 2005, the contingent is facing 19 cases of sexual abuse, and immediate investigations have so far corroborated 11 of those cases, including one case against the commander himself.
New Regulations against SEA
In February 2005, MONUC issued its landmark Code of Conduct on Sexual Exploitation and Sexual Abuse, which strictly prohibits all MONUC personnel from engaging in the following acts:
any act of sexual abuse and sexual exploitation, or other form of sexually humiliating, degrading or exploitative behavior;
any type of sexual activities with children (persons under the age of 18 years)— mistaken belief in the age of a person is not a defense;
use of children or adults to procure sexual services for others;
exchange of money, employment, goods or services for sex with prostitutes or others;
any sexual favor in exchange of assistance provided to the beneficiaries of such assistance, such as food or other items provided to refugees;
visits to brothels or places that are declared off-limits.
According to the Code of Conduct: “Any violation of the Code will be considered as serious misconduct. SEA activities will be investigated and may lead to drastic disciplinary measures, including suspension, immediate repatriation or summary dismissal. Immunity, when it exists, will be waived by the Secretary-General should this immunity impede the course of justice.”
In March 2005, MONUC established the Office for Addressing Sexual Exploitation and Abuse (OASEA), mandated to address all questions of sexual exploitation and abuse by MONUC personnel. According to sources inside MONUC, from December 31, 2004, to October 31, 2005, the OASEA concluded a total of 111 investigations on allegations of sexual exploitation and abuse against 155 members of MONUC and confirmed allegations against 68 individuals. The investigations have involved a wide range of offenses, such as prostitution, sexual abuse or exploitation, trading sex for a promised job offer and rape. These allegations concerned 60 victims, among which 15 were under 18 years old. Following the OASEA investigations, the MONUC staff have been dismissed, reprimanded, charged, suspended, and repatriated for disciplinary reasons. OASEA closed in November 2005, when investigations were taken over by the UN’s Office of Internal Oversight Services in New York.