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Gender Report Card on the International Criminal ... - YWCA Canada

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OTP Situati<strong>on</strong>s and Cases<br />

C<strong>on</strong>tinued c<strong>on</strong>flict and sexual violence<br />

in South Kivu<br />

A number of incidents of mass rape have<br />

taken place in 2010-2011 in South Kivu, and<br />

while some limited measures to combat<br />

impunity have been implemented domestically,<br />

prosecuti<strong>on</strong>s for sexual violence remain <strong>the</strong><br />

excepti<strong>on</strong> in <strong>the</strong> DRC. 582 Coordinated attacks<br />

took place between 30 July and 2 August 2010,<br />

against 13 villages located <strong>on</strong> <strong>the</strong> Kibua-Mpofi<br />

road in <strong>the</strong> Walikale territory, North Kivu. The<br />

Walikale territory, situated between Bukavu,<br />

South Kivu, and <strong>the</strong> Maniema Province, is rich in<br />

minerals, particularly cassiterite, and has a high<br />

c<strong>on</strong>centrati<strong>on</strong> of rebel groups fighting for c<strong>on</strong>trol<br />

of <strong>the</strong> mines. During <strong>the</strong>se attacks at least 303<br />

civilians were raped, of whom 235 were women,<br />

52 were girls, 13 were men, and three were boys.<br />

The villages of Luvungi and Lub<strong>on</strong>ga were <strong>the</strong><br />

most affected. A coaliti<strong>on</strong> of 200 soldiers from<br />

<strong>the</strong> FDLR, <strong>the</strong> Mai Mai Cheka and elements led<br />

by Col<strong>on</strong>el Emmanuel Nsengiyumva, an army<br />

deserter and former C<strong>on</strong>grès nati<strong>on</strong>al pour la<br />

défense du peuple (CNDP) member, are alleged<br />

to be resp<strong>on</strong>sible for <strong>the</strong> attacks. 583 The majority<br />

of rapes were committed by two to six armed<br />

men. It is also reported that victims were often<br />

raped in fr<strong>on</strong>t of <strong>the</strong>ir families. Moreover, several<br />

victims said <strong>the</strong>y were beaten and subjected to<br />

582 For a detailed analysis of <strong>the</strong> attacks and <strong>the</strong> resp<strong>on</strong>ses<br />

of Women’s Initiatives’ partners in <strong>the</strong> Kivus, see<br />

Women’s Initiatives for <str<strong>on</strong>g>Gender</str<strong>on</strong>g> Justice, ‘Commanding<br />

officer c<strong>on</strong>victed of mass rape in Fizi’, Women’s Voices<br />

e-letter, April 2011, available at ; and<br />

Women’s Initiatives for <str<strong>on</strong>g>Gender</str<strong>on</strong>g> Justice, ‘The Women’s<br />

Initiatives for <str<strong>on</strong>g>Gender</str<strong>on</strong>g> Justice participates in <strong>the</strong> World<br />

March of Women in Bukavu, South Kivu’, Women’s<br />

Voices e-letter, April 2011, available at .<br />

583 According to witnesses of <strong>the</strong> attack interviewed by<br />

<strong>the</strong> UN Joint Human Rights Office (UNJHRO) during<br />

its missi<strong>on</strong> in <strong>the</strong> affected areas from 25 August to 2<br />

September 2010, <strong>the</strong> mass rapes in <strong>the</strong> Walikale territory<br />

were planned in retaliati<strong>on</strong> for support given by <strong>the</strong><br />

local populati<strong>on</strong> to <strong>the</strong> government forces. Rape was<br />

chosen as a form of punishment to forever mark <strong>the</strong><br />

victims and to humiliate <strong>the</strong> entire community.<br />

genital searches before <strong>the</strong> sexual assault took<br />

place. Apart from mass rapes, witnesses also<br />

reported pillaging, beatings and abducti<strong>on</strong>s. The<br />

rebels prevented <strong>the</strong> villagers from requesting<br />

help by cutting off all <strong>the</strong> roads and means of<br />

communicati<strong>on</strong>. 584<br />

On 6 January 2011, <strong>the</strong> humanitarian<br />

organisati<strong>on</strong> Médecins sans Fr<strong>on</strong>tières (MSF)<br />

announced that its medical team in Fizi<br />

territory, South Kivu treated 33 women who<br />

had been raped in a coordinated attack <strong>on</strong> 1<br />

January in and around <strong>the</strong> town of Fizi. 585 Rapes,<br />

including gang rapes by up to four men, were<br />

accompanied by beatings, and houses and<br />

shops were looted during <strong>the</strong> attack, which<br />

was allegedly carried out by members of <strong>the</strong><br />

regular C<strong>on</strong>golese army (<strong>the</strong> Forces armées de<br />

la République démocratique du C<strong>on</strong>go [FARDC]).<br />

In <strong>the</strong> days following <strong>the</strong> attack, <strong>the</strong> count of<br />

women victims/survivors of this attack increased<br />

to over 60. It is reported that from mid-January<br />

to mid-February 2011, 147 fur<strong>the</strong>r rape cases<br />

were examined by medical pers<strong>on</strong>nel in <strong>the</strong><br />

western area of Fizi <strong>on</strong>ly. 586 MONUSCO has<br />

been heavily criticised for its inability to protect<br />

civilians and to prevent <strong>the</strong> mass rapes.<br />

584 The attacks <strong>on</strong>ly became known <strong>on</strong> 5 August, when<br />

<strong>the</strong> first victims started arriving at a medical centre<br />

managed by <strong>the</strong> Internati<strong>on</strong>al Medical Corps (IMC)<br />

in Walikale. According to <strong>the</strong> IMC, <strong>on</strong>ly two survivors<br />

arrived at <strong>the</strong> medical centre within 72 hours and<br />

could <strong>the</strong>refore be administered <strong>the</strong> post-exposure<br />

prophylaxis for HIV. Women who reached <strong>the</strong> centre<br />

within 120 hours after having been raped were provided<br />

with emergency c<strong>on</strong>tracepti<strong>on</strong>.<br />

585 ‘MSF treats victims of mass rape <strong>on</strong> New Year’s Day in<br />

DRC’, MSF, 6 January 2011, available at < http://www.<br />

msf.org/msf/articles/2011/01/msf-treats-victims-ofmass-rape-<strong>on</strong>-new-years-day-in-democratic-republic-ofc<strong>on</strong>go.cfm>,<br />

last visited <strong>on</strong> 31 October 2011.<br />

586 Women’s Initiatives for <str<strong>on</strong>g>Gender</str<strong>on</strong>g> Justice, ‘Commanding<br />

officer c<strong>on</strong>victed of mass rape in Fizi’, Women’s Voices<br />

e-letter, April 2011, available at .<br />

146

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