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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Prosecuting sexual violence in the Eastern Democratic Republic of Congo: obstacles for survivors on the road to justice
Author:Mansfield, JoannaISNI
Year:2009
Periodical:African Human Rights Law Journal (ISSN 1609-073X)
Volume:9
Issue:2
Pages:367-408
Language:English
Geographic term:Congo (Democratic Republic of)
Subjects:sexual offences
criminal procedure
Abstract:Sexual violence in eastern Democratic Republic of the Congo (Eastern DRC) has been described as the worst in the world. Despite the introduction of forceful legislative amendments to reduce the violence, the scourge of sexual violence still plagues Eastern DRC. Given that the Congolese State prosecutes very few cases, the paper identifies and explains the obstacles victims face when seeking the prosecution of sexual violence perpetrators in Eastern DRC. Based on interviews conducted in Eastern DRC from May to August 2008 with various vocational and demographic groups (survivors, lawyers, NGOs, doctors, judges, general population), the paper reveals the magnitude of sociological, institutional, financial and legal factors hindering the prosecution of sexual offenders. The fact that prosecution is a foreign concept to most Congolese means that prosecution is a major obstacle in itself. Add to this health concerns, lack of knowledge of State law and public law remedies, the position of women in society, shame, religion, the need to identify and arrest the perpetrator, the preference for amicable arrangements in cases of civilian sexual violence, cost and distance of access to justice, fear of reprisals and of the judicial process, the nature of the evidence required, protracted judicial proceedings, corruption and lack of enforcement of court decisions. In sum, the successful prosecution of sexual offenders in Eastern DRC faces a myriad of obstacles and requires an exceptionally lucky combination of a number of unlikely conditions. To overcome these obstacles, strategists must concentrate on what underlies the sexual violence, namely, insecurity in Eastern DRC, as well as strengthening the capacity of the judicial sector. Notes, ref., sum. [Journal abstract, edited]
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