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ICC - International Criminal Court
DRC - Democratic Republic of Congo
Victims of sexual violence in DRC angered by court’s controversial move.
By Jacques Kahorha in Goma (AR No. 173, 3-Jun-08)
Congolese
women who’ve fallen victim to rape and related crimes say they feel badly let down
by the decision of the International Criminal Court, ICC, to drop all sexual
violence charges relating to the conflict in the Democratic Republic of Congo,
DRC.
The ICC decision followed an internal squabble over witness protection, which
was reported by IWPR last week. Charges of sexual slavery were removed from the
indictments against militia leaders Germain Katanga and Mathieu Ngudjolo, who
face a confirmation of charges hearing late this month in The Hague.
Four DRC militiamen have so far been indicted by the ICC on charges of playing
a leading role in inter-ethnic violence in the Ituri region, where rape has
been widely used as a weapon of war, but only Katanga and Ngudjolo were facing
counts of sexual violence.
The sexual slavery charges against Katanga and Ngudjolo had been welcomed by
human rights groups, who also hailed prosecutors' plans to add counts of rape.
Activists are now angry that these alleged crimes have been dropped from the
indictments.
In DRC, lawyers, women’s organisations and rape survivors in the troubled North
Kivu province – which has also experienced a horrific wave of sexual violence –
say the feel betrayed by the court.
“If the ICC does not take into account the crimes related to sexual violence,
this [suggests] that perpetrators arrested all over the country should be
released,” said attorney Mireille Amani Kahatwa of the American Bar Association
in Goma.
According to a United Nations report, North Kivu recorded 7,291 instances of
rape in 2006 and 2007, with more than 30 per cent of the victims being children
and teenagers. The sexual violence is committed mainly by militia members, but
also reportedly by the Congolese national army, police and local officials.
“This is a pitiful decision [by the ICC],” said a 27-year-old rape victim who
was interviewed in a hospital in Goma set up by the NGO HEAL Africa, which
focuses primarily on victims of sexual violence.
“It shows that our suffering has no more consideration at the international
level [and] our situation cannot be taken into account at that [court].”
In 2006, the DRC’s national assembly adopted a law on sexual violence which
makes prosecution of the crime a priority and requires cases to be processed
within three months. Despite the law, little has changed, say advocates.
“If the Ituri leaders are not charged, the warlords of Kivu will [also get away
with] those crimes,” said Esperance Nvano of the NGO Action Sante Femme, ASAF.
Others agreed.
“The ICC was our last hope because a law on sexual violence voted in our
country in 2006 is hardly implemented. Perpetrators are arrested and, some days
after, they are released,” said a survivors’ representative at HEAL Africa.
According to victims, the ICC appears to have ignored the seriousness of the
crimes.
“If it knew the situation we [have], it could not take such a decision,” said a
21-year-old girl from Ziralo, an area about 150 kilometres north of Bukavu.
“I was in the field. Six men wearing torn military clothes, armed with knives
and guns, raped me,” said the girl. “They damaged [me]. I was taken [for
treatment], have had seven unsuccessful operations already … and I am waiting
for the 8th intervention.”
“How can this situation be ignored?” asked a rape victim in her 30s from a
village in the Masisi area, about 100 km west of Goma. “I’m ready to be a
witness. I have already lost my mind. My life has become meaningless. I have
nothing to protect anymore.”
The woman also experienced a terrible ordeal at the hands of a militia.
“A group of nyamaswa [wild animals] took me out of my house and raped me.
Another group closed my husband and my four children in the house and burned
them. I saw them burning. I suffered a lot. I threw myself hopelessly in the
fire like a mad [person] to try to rescue them,” she said.
“It is as if the ICC doesn’t really have a good understanding [of] what sexual
violence represents for our region,” added Nvano of ASAF.
“All the 7000 raped women of our province have become dependants and a burden
for the community,” explained a HEAL Africa representative. “They have no
[desire] to work. They also need people to look after them. Most of them cannot
give birth anymore.”
“We need explanations from the ICC on the motivation [for their] decision,”
said Veronique Matunda, secretary of the Provincial Commission for the Fight
Against Sexual Violence.
If the charges are not prosecuted by the ICC, said Matunda, it will only
undermine local efforts to thwart the rising tide of sexual violence.
Kahatwa says the court’s decision also threatens to undo all the progress that
has been achieved in persuading victims to testify against their alleged
abusers, which initially was quite a challenge.
“Most of them were at first fearful of attending [court to testify]. We asked
them to [overcome] their fears. Today, it is no longer a problem,” he said.
Matunda, however, said she and other advocates are still hoping that the ICC
will change its mind.
“If the ICC ignores the crimes related to sexual violence, we will mobilise
women in the province to demonstrate. We will also advocate at the national and
the international community.
“Everybody has the right to justice. The ICC should offer protection for the
survivors. This can contribute to their healing and discourage the practice of
sexual violence in our region.”
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