:
This is the 15th meeting of the Subcommittee on International Human Rights of the Standing Committee on Foreign Affairs and International Development. Today is December 12, 2011.
Two witnesses are joining us to discuss sexual violence against women in the Democratic Republic of Congo. We have Béatrice Vaugrante, Executive Director of the Canada Francophone Section, Amnesty International; and Denis Tougas, Coordinator of the Table de concertation sur la région des Grands Lacs africains, Entraide missionnaire.
[English]
Normally when we have two witnesses, we invite them to give their testimony and make a request that they keep their testimony within a certain length. The more time you take, the less time there is for questions and responses. At the same time, we don't want to cut you off.
I think you'll find, though, as witnesses, that the most productive part, where you can give the most useful information, is actually in responding to questions. So I do encourage a bit of brevity at the front end. I think it will pay its reward in the second part of the meeting.
With that being said, I invite our witnesses to begin. Would either of you like to go first?
[Translation]
Ms. Vaugrante, go ahead, please.
:
Thank you very much, Mr. Chair.
I want to thank the Subcommittee on International Human Rights for inviting us and for inviting Amnesty International to speak to the violence against women in the DRC.
I will try to cover three points in my short presentation. I will talk about Amnesty International's research and the need for a new justice strategy. I will also make recommendations that could be useful to the subcommittee in terms of the actions Canada can take.
Amnesty International has been present in that region for many decades in order to document sexual violence, campaign for justice and the protection of advocates, and make specific recommendations to all the stakeholders.
Over the course of four terrible days in July and August 2010, more than 300 women, girls, men and boys were raped by armed men in the Walikale region, in North Kivu. The victims were robbed of their goods, and then left to suffer in a state of incredible shock. They lost absolutely everything: their physical and mental health, their means of livelihood and their feeling of safety. The rapes were committed 30 km from a UN peacekeeping force base with 80 peacekeepers on site. The rapes were organized and systematic. The national army did nothing to protect the population.
North Kivu's civilians have been suffering for years, while armed groups and Congolese or foreign soldiers have been fighting for control of resources, especially mining and land-based resources. Armed groups and members of the Democratic Republic of Congo's armed forces have been committing serious human rights violations, including war crimes and crimes against humanity.
The acts of sexual violence committed in the DRC are sometimes described as a war within a war. In the wake of the two years of war that ravaged the Democratic Republic of Congo in 1996 and 1998, the eastern part of the country continues to be ravaged by conflicts owing to the persistent presence of local and foreign armed groups fighting for power and control of resources.
The physical and psychological suffering is tremendous. Victims of mass rape, which is perpetrated collectively in most cases, require long and complicated treatment in an attempt to heal the physical injuries and significant psychological trauma. Local health centres are also pillaged. Very few victims receive immediate treatment after the attack. In addition, it is difficult for humanitarian organizations to provide victims with timely care and medication. The road infrastructure used to reach victims is in a pitiful state. Delivering medical equipment is almost impossible. Many victims don't try to obtain care, as they fear rejection by their family or husband. The trauma suffered by women who are victims of rape in the Walikale region seems to be exacerbated by the fear of rejection, sexually transmitted infections and unwanted pregnancy.
Psychological consequences for victims of sexual violence include depression, shock, deep-seated feelings of fear, rage and shame, loss of self-esteem, feelings of guilt, memory loss and nightmares. But that's not all; the socio-economic consequences are also very serious. Victims are discriminated against and rejected; they are abandoned by their husband, and must take care of their children alone. All their goods—their animals, home and what few possessions they have—are pillaged or stolen. They lose their means of livelihood and their ability to feed their children and meet their needs. Children's survival is a daily struggle. Elementary school education is not even free. Therefore, collective rape against women also has repercussions on future generations, as children stop going to school.
A number of women's organizations—and we want to stress this—human rights groups, churches and Congolese development organizations have joined forces to meet the victims' needs. Amnesty International estimates that those initiatives—which are mostly successful locally—provide a model that can and must be supported. The model is adopted and implemented by the DRC government, and all international donors must support that initiative in the case of a systematic national response to the crisis.
The attacks in the Walikale region have clearly brought to light how limited the integration process of armed groups into the Congolese army is. Investigations into the atrocities committed in North Kivu are moving along slowly. I was talking to Denis who told me that the trial could begin, but everything has been extremely slow. I will also explain later why there are many deficiencies in the system.
Fizi is another case. That's another place where collective and mass rapes took place. It is also overwhelming evidence that justice is lacking in the DRC.
In Fizi, women were raped twice: once in January and then again in June. The first time was one of the rare examples of the struggle against impunity. Those who committed the collective rapes were actually tried and sentenced to 15 or 20 years in prison. They were then sent to penitentiaries, but have since escaped. Many of them arranged to be broken out of prison or escaped on their own.
I will now discuss the need for developing a new justice strategy. Like many other international organizations, we have really focused over the last few months—especially as part of the election—on the need for justice. It is time for justice to be served. Our last report, which came out in August 2011 and was very long, explains what kind of strengthening the Congolese system needs. The current fragility of the Congolese criminal justice system and the lack of a comprehensive strategy for rebuilding and reform are the main obstacles to obtaining truth, justice and compensation.
Our report calls for the country's justice system to be reformed and strengthened. There are many deficiencies. There is a desperate need for a national witness and victims protection program. Corruption is endemic. The reasons behind that are the following: lack of judicial independence; staff, training and resource shortages; failure to enforce court rulings, including the state's failure to provide financial compensation; poor prison conditions; and, of course, the ease with which people escape from prison. In addition, owing to a lack of coordination between Congolese authorities and the numerous international donors, certain issues are addressed twice or even three times, while others are not addressed at all.
The DRC government suggested creating a special court that would be empowered to render decisions on these crimes. The proposal was debated and then rejected. We hope that it will be reconsidered. Much more is needed for regular courts to be able to apply the necessary mechanisms, especially when it comes to guaranteeing trial fairness and consistency in proceedings, as well as providing a program for protecting victims and witnesses. We are really trying to send an important message as part of our work against impunity. An effective coordination mechanism must be established and agreed upon by all the donors and the government.
In Walikale, the victims were heard from and investigations were carried out fairly quickly by MONUSCO. Unfortunately, the victims were not provided with any kind of protection. They were brought by the truckload—for all to see —to an investigator for questioning. They suffered retaliation and were the target of many written and verbal threats. No one wants to testify in such conditions.
As I said, Fizi is one of the rare cases where the perpetrators were quickly brought to justice. Unfortunately, it is too easy to escape from prison.
A comprehensive strategy is necessary to prioritize the development of a strategy for reforming the justice system. Here are our recommendations to Canada and other international stakeholders.
First, the Human Rights Council must change its attitude from that of occasional indignation to that of true commitment to strengthening the DRC's justice system. Second, the international community must make sure that all the donors adopt a more concerted and comprehensive approach. Third, the funding required for reforming the DRC's justice system must be provided.
As we know, when countries are experiencing conflict, justice is the only way to put an end to rape and sexual violence. In addition, long-term and ongoing resources must be provided to local Congolese organizations that assist victims and defend human rights.
We acknowledge the relevance of the Canadian project and its great value added in terms of the struggle against sexual violence. We see this project, which is carried out by CIDA, as a high-profile commitment by the Canadian government in the fight against sexual violence. We commend the good practices included in the Canadian project's legal component. The financial support provided to courts and tribunals in legal proceedings has helped many women obtain a trial and led to a conviction of the guilty parties.
However, victim protection leading up to legal proceedings is very important. They must also be protected during the proceedings. They often find refuge in the homes of human rights activists. That's a huge obstacle for them. They must leave their home, travel 100 km or 200 km and leave their kids at home. Who will take care of the children? Who will feed them?
Although the Canadian project is a good initiative, the government should also consider supporting all the international efforts and being something of a leader in terms of justice in a more general sense. That way, it could try to take a more systematic approach to addressing the issue of sexual violence and preventing the stigmatization of the victims of that type of violence and other victims of human rights violations.
Amnesty International is not the only one conducting an important campaign within the international community concerning the DRC; many other NGOs are also doing so. The campaign calls for the creation of a concerted international justice program. We have benefited from the election, and we hope that the campaign promises will be honoured.
We would also like to say something about defending and protecting human rights activists. I have spoken with Justine Masika Bihamba, who was a victim of violent repression herself. She is in charge of a small group in the Congo for protecting women, her daughters and herself. One day, armed men came into her office, tied up her children in front of her, simulated and threatened her with sexual violence at knifepoint. We have submitted a petition with 20,000 signatures to the DRC embassy in Ottawa asking that human rights activists be protected.
At the technical level, we would also like to support—and we hope that Canada could do the same—a technical cooperation mandate at the Human Rights Council in order to support the DRC in terms of justice and impunity. An independent expert on the DRC would be involved. That person would have expertise in the areas of judicial reform and the struggle against impunity. That's really the way for us to put an end to sexual violence.
Thank you.
:
Good afternoon. Thank you for having me. I must congratulate the members of the Subcommittee on International Human Rights on their ongoing interest in the issue of sexual violence, especially in the Congo.
In my presentation, I will talk about the actions taken to fight against massive human rights violations, the success of those actions, the limits we see today and a few suggestions for Canada.
As you heard, my name is Denis Tougas. I work for Entraide missionnaire, where I coordinate the activities of the Table de concertation sur la région des Grands Lacs africains. That organization has been around since 1989 and brings together most religious communities and international cooperation agencies that are involved in the region's three countries, especially the Congo. As such, the members and myself have been visiting the Congo for at least 15 years. I was there during the last election, whose outcome was announced four days ago.
As far as our specific problem goes, sexual violence has been denounced since the mid-1990s. I must point out, as my colleague did, that on-site Congolese women's groups in towns and remote areas are the first ones to assist the victims, despite their lack of resources and, at times, lack of expertise. The Congolese transition government did not take an interest in this matter until the relevant documented reports were published in 2002.
On the ground—I think you have heard some testimony on this at previous meetings—the many programs and projects usually have five components. They are the following: health management; psychological follow-up; socio-economic support and community reintegration; violence prevention; and, finally, legal support for victims to combat impunity.
The international community's response to the repeated and documented condemnation of this crisis has been significant. According to the Netherlands' Clingendael Conflict Research Unit, in 2010, the international community as a whole contributed US$40 million to that specific area, especially eastern Congo. Therefore, the invested effort is not insignificant.
I also want to point out that, in 2006, Canada set up a three-year $15-million program, which will be extended until March 2012, in the area. At the time, Canada and Belgium set up a joint project. I want to mention that this program played a key role in mobilizing resources internationally.
However, as you have heard during your previous meetings, sexual violence is ongoing in eastern Congo. You should ask yourselves the following questions: Where is the problem? What is the cause?
Medical care and victim support are gradually improving, but the abuse and violence continue. They are attributable to militia groups, regular army soldiers and, increasingly, civilians. Why? The number one culprit is a lack of safety: in Kivu and Ituri, there are still a dozen armed militia groups attacking civilians. In addition, regular army soldiers are often former militia members integrated without training. They are paid nothing, or very little, and act like conquerors in lawless areas very far from the Kinshasa headquarters. Also, and especially, impunity reigns supreme in that area. Although there are more and more women—survivors, as they are now referred to—who are brave enough to complain, convictions are rare and sentences are seldom fully enforced. Convicts easily succeed in bribing judges, and prisons are riddled with holes. The women who complain still account for a very small minority, especially among peasant women in remote regions.
The reasons behind that are the deficiencies in the security and justice systems. I will only talk about the justice system in terms of dealing with sexual violence.
The Report of the Mapping Exercise documenting the most serious violations of human rights and international humanitarian law committed within the territory of the Democratic Republic of the Congo between March 1993 and June 2003, produced by the United Nations Human Rights Office of the High Commissioner in September 2010, just over a year ago, states the following:
Acts of sexual violence enjoy blatant impunity in the DRC. Few cases reach the justice system, even fewer lead to trials and fewer still to convictions. Even in the rare cases where convictions are obtained, the defendants almost always escape from prison. Because of the near-total impunity that has reigned in recent years, the phenomenon is continuing in areas where the fighting has ended and has increased in areas where the fighting is still ongoing.
The report comes to the following conclusion:
It seems clear that brutalities such as those described in this chapter could not have taken place without the consent, at least tacit, of those people in positions of power who allowed impunity to become established.
The report adds the following:
There is absolutely no doubt that the scale and gravity of acts of sexual violence are directly proportional to the victims' lack of access to justice and that the impunity that has reigned in recent decades has made women even more vulnerable than they were before.
Here is a quote from a British parliamentary group:
[...] in the post-war transition period, the promotion of women's human rights and gender equality are not seen as a priority by the State party, in particular in efforts to address the consequences of the armed conflict and in the peacebuilding and reconstruction processes.
In plain language, this means that, for victims of sexual violence, especially those living in the country, the obstacles to obtaining justice are disproportionate to their capacities and difficult to imagine in our Canadian context. If you would like to hear examples, I can provide some during question period.
The international community has began responding to this problem. Here is one example. As far as the struggle against impunity goes, the U.S. has adopted a four-year $50-million project, effective until 2014. Belgium, Sweden and Switzerland have followed suit, and Canada intends to propose a follow-up to its first project that should begin in March 2012. In addition, as far as Canada goes, the Stabilization and Reconstruction Task Force, or START, has an annual budget of $4 million for the Congo and uses part of that money to fight against impunity.
Although these initiatives are praiseworthy and must be encouraged and developed, they are limited by their external nature and restricted timeframe.
Here is my main and only message.
It is clear that foreign countries, as generous as they may be, cannot resolve this issue. The Congolese state must resolve it with our help, we hope. So far, the provincial ministries responsible for gender, family and children, and social development have shown a true willingness to be held accountable in that area, but they are lacking resources. I could provide you with some examples.
There seems to be a lack of firm commitment to changing things at the central government level, even though some ministers and ministries have shown determination. Here is another quote from the Mapping Exercise:
The extremely reduced proportion of the budget allocated to the judicial powers is the primary cause of the lack of judges and of tribunals. Efforts from the international community and the United Nations were critical to start most of the ongoing projects to restore the judicial system. However the current judicial reforms only have a limited impact on the justice sector's budget, which remains insufficient. It is important to emphasize that the DRC has the obligation and responsibility to ensure that its justice system is viable and that its budget difficulties do not justify the inadequate resources that have been allocated to justice. As stated in the report of the international parliamentary-expert mission to the DRC in 2008, “If the State flouts, ignores or fails to properly fund the provision of justice, it undermines both the rule of law and democracy generally.”
In closing, I'm going to propose two measures to the committee. As my colleague said, the Canadian project that will be starting next year should be developed and supported, but that aid should also be presented in a different way so that the authorities, the Congolese authorities, are responsible for it.
To date, that assistance has been provided as humanitarian aid, without any truly active or responsible participation by the main players. There is now a different way of providing humanitarian aid, development aid, in this particular sector.
Here's my second proposal. The Government of Canada and parliamentarians should step up pressure for the Congolese government to assume its responsibility to combat the impunity with which individuals commit sexual violence, whatever it may be. Two opportunities will arise this year. First, the Sommet de la Francophonie, to be held in Kinshasa, will be a good opportunity to put the issue of the impunity with which sexual violence is committed back on the agenda of Congo and all other countries. Canadian parliamentarians should also organize a field visit. I invite you to do so.
Congo will pose a problem for Canadian diplomacy in view of elections that have been held and those that will be held. I therefore invite a delegation of parliamentarians to travel to Congo and to conduct a political visit to Parliament and to meet with the various players and authorities in Congo's civil and economic society.
Thank you.
:
We shouldn't say that there hasn't been any progress or change, particularly with regard to impunity. We wouldn't have seen that five years ago; it wasn't possible for a military member to be treated, to be charged with rape. In some areas even today, a military member will never be charged with rape, and that's the way it is.
However, we've seen generals, or at least commanders, being tried, and that has been the strategy of the international community and of the observation mission. It hasn't been successful. We now have junior officers, but nevertheless people in authority. There are now more and more of them, and those cases are well documented. When I say a lot, I mean four, five or six.
At the local level—we could talk about that—it is enormously difficult for a woman to have access to justice. We note that increasing numbers of cases are being heard in the cities, but there has been a very small rise in the number of convictions, for a number of reasons. Not only is it hard for the justice system to deal with these issues, but the victims do not yet have or control any way of adducing evidence.
There is another example: it can cost somewhere between $700 and $800 per case to conduct a trial from start to finish, and that can take a year or a year and a half. Those are exorbitant amounts for people who live on $1 a day. Furthermore, a number of these women go to court without the assistance of lawyers. The other party often has lawyers who will easily counter the charges. Problems in this area remain to be solved. Furthermore, as I mentioned, large areas of Congo have no judges or police services, as a result of which access to justice in those areas is still impossible.
:
First, let me comment on your initial remark.
Senators travelled to Congo on one occasion, when that investigation was conducted into public development aid in Africa, and they came back safe and sound. The parliamentary group from Great Britain, which has now been in existence since 1994, goes there every year. So it's feasible. The parliamentary groups from Belgium and the Netherlands also travel there easily. I recall that Canada was the first foreign investor in Congo. It has an interest there.
With regard to your point, I don't agree with you on the term "institutionalized rape" that you used. The Congolese are not rapists by nature. However, the example has come from above. The fact that so many rapes have been committed undermines moral and legal order. In that part of Congo, where war has been raging since 1994, society has been broken down to such an extent that, for example, a child soldier who returns to his village with his rifle has more authority and often more means, resources and money than the traditional chief. So when the traditional chief says something to those youths, they beat him. All social and moral order is completely undermined.
I wanted to emphasize one point. You're right: the central government does not concern itself with this issue. The department of communications, for example, very regularly told us certain things when the special rapporteur on sexual violence conducted that on-site visit. What did the minister of communications say? He said that it was false, that the Congolese don't rape and that it was foreigners—the Rwandans, the Ugandans and the MONUC soldiers—who were doing it. There is a lack of any awareness.
For very simple reasons, the hierarchy, the political and military chains of command there, are very closely knit. The politicians, the generals in Kinshasa—they don't conceal this—benefit directly from this insecurity. So they'll protect those members in the field.