Soldiers Who Rape, Commanders Who Condone: Sexual Violence and Military Reform in the Democratic Republic of Congo

Human Rights Watch published Soldiers Who Rape, Commanders Who Condone: Sexual Violence and Military Reform in the Democratic Republic of Congo today. The report names the government army, Forces Armées de la République Démocratique du Congo (FARDC), as one of the main perpetrators of horrific acts of sexual violence against women and girls, contributing to the current climate of insecurity and impunity in eastern Congo. The report looks at abuses of sexual violence committed by the FARDC, efforts to stop it, and why such efforts have failed so far. More specifically, the report looks at the 14th brigade as an example of the wider problem of impunity. Without sufficient food or pay, soldiers have attacked the civilian population to loot and extort goods. As the example of the 14th brigade illustrates, sexual violence by the army continues despite serious efforts by the government, the international community, and Congolese civil society to fight mass sexual violence.

Moreover, almost all military prosecutions of sexual violence to date have focused on lower-ranking soldiers. No senior military figure has been prosecuted for sexual crimes; the criminal responsibility of senior officials, including their command responsibility, is rarely the subject of investigations by military prosecutors. Commanders also continue to protect their soldiers in many instances, obstructing the course of justice. The report suggests that the Congolese government and its international partners should intensify efforts to prevent and punish sexual violence crimes by army soldiers. They should take measures to build the capacity of the weak military justice system; professionalize the army, including by improving living conditions of soldiers; and introduce a vetting mechanism to remove officers with responsibility for past crimes from the army. Since the military justice system remains a weak institution, the report suggests that the government consider establishing a mixed chamber, composed of international and Congolese judges and prosecutors to prosecute high-ranking officers, armed group leaders, and civilian leaders responsible for war crimes and crimes against humanity, including sexual crimes, beyond the few individuals who will be tried by the International Criminal Court (ICC).

The full report is available at: http://www.hrw.org/sites/default/files/reports/drc0709web.pdf