WUNRN
Institute for War & Peace
Reporting - IWPR
Flawed
justice system prompts some rape victims to reach out-of-court agreements with assailants.
By Espérance Nzigire - 2 November 2010
·
When
14-year-old Judith, not her real name, was raped in Goma, her father decided
not to report the matter to the authorities. Instead, the family of the victim
sat down with that of the rapist and hammered out a so-called friendly
settlement.
“At least I
received the equivalent of a dowry from the family of the boy who had taken my
daughter by force,” the father said. “Our two families sat around the table
with a few wise men from the neighbourhood and we came to an amicable
agreement.”
He added that
going to the courts would have meant losing both time and money unnecessarily.
“I didn’t want to
call the police because this would have meant a scandal for my daughter and,
even if I had done this, nothing would have come of it,” he said.
“Indeed, we always
see perpetrators of these acts being released three months after having been
arrested and tried, roaming in the neighbourhood and even harassing their
victims’ families. So why should I lose my time and unnecessarily spend the
little money I have to support my family by going before justice?”
Irène Ntambuka,
programme director at Dynamique des Femmes Juristes, a local NGO that provides
legal aid to rape victims, says that such agreements in sexual violence cases
are becoming more common, largely because of a lack of trust in the local
justice system
“People believe
that if they go before the courts they will not obtain justice and damages will
not be paid,” she said. “On the other hand, if they choose a friendly
settlement, they can get a few goats, cows, some money, and so forth.”
New legislation to
combat sexual violence was introduced in 2006. Among other things, it raised
the age of consent from 16 to 18, and repealed a previous law that allowed
those convicted of rape to pay a fine in return for a lighter sentence.
Rape carries with
it a sentence of between five and 20 years, as well as a fine of at least 100,000
Congolese francs (approximately 3000 US dollars). In cases where the victim
dies as a result of an attack, the law provides for a maximum term of life
imprisonment.
But, despite this
new law, few people trust the verdicts that are delivered by the courts and
tribunals of
Data from the
Provincial Commission for the Fight against Sexual Violence, CPLVS, a platform
of human rights organisations, indicates that 4,026 rapes were reported in
Eugène Buzake, a
lawyer and coordinator for the NGO Synergy for Judicial Assistance, SAJ, says
that a friendly settlement agreement reached between two families is often
harmful to the rape victim.
“The agreement
does not benefit the victim for several reasons,” he said. “The victim is often
isolated and does not take part in negotiations. Therefore, her needs are not
taken into account.
“Moreover, such
agreements favour a victim’s silence, even though the victim can have serious
health and psychological problems that need significant assistance. Another
consequence is that the agreements send out the message that you can commit
rape, as long as you have just a few goats.”
Local residents
share different views about whether friendly settlements are a positive
alternative to the national justice system. Some say that, given that the
Congolese justice system is so slow, these agreements at least provide some
sort of closure.
Gilbert, a
sociology student at
Others believe
that, even if it takes time, the important thing is that perpetrators of rape
are punished according to the law.
“This would be an
example for others who believe that one can rape if one has the capacity to
give the dowry to the victim’s family,” Kavira, a trader at the central market
in Goma, said.
This view is
shared by Ntambuka, from Dynamique des Femmes Juristes, who said, “It is the
dreadfulness of the act that should push the victim to go before the courts to
get justice, and not the money.”
A source within a
special unit for the protection of children told IWPR that more is now being
done to fight sexual violence in eastern DRC, pointing out the “zero tolerance”
approach that President Joseph Kabila announced last year.
“Things have
changed now,” he said. “Perpetrators of obvious human rights violations should
be held accountable. But, for this to happen, victims must report these acts so
that we can catch these criminals.
“The question of
rape should not be settled within the family. This is the way of encouraging
the perpetrator of these heinous acts to continue doing them. We must say no to
this.”
But Ntambuka says
that a lot remains to be done.
“Justice should
get closer to the people,” she said. “For instance, we know that Masisi,
Walikale, Rutshuru and Nyiragongo territories have no courts [that can handle
rape cases] and depend on Goma. How can a victim go from Walikale to Goma,
which is more than 200 kilometres away, in order to get justice? This is
something that the government really should think about.”
She added that
there should also be awareness campaigns so that people, especially women,
become familiar with justice and how they can obtain it. She also said that the
government should address the problem of prison conditions, starting with the
infrastructure, since this is what facilitates the escape of prisoners, making
people think that there is no justice.
Espérance Nzigire is an IWPR-trained reporter.