Human Rights Council 15th Session, DRC briefing by Ms. Navanethem Pillay, United Nations High Commissioner for Human Rights, Geneva, 27 September 2010

Mr. President,
Excellencies,
Ladies and Gentlemen,

I warmly welcome this opportunity to discuss the human rights violations of women by non-State actors in the Democratic Republic of Congo.  Our meeting takes place against the backdrop of the horrific rapes and pillage that were committed by rebel groups in the Walikale region between 30 July and 2 August. These abuses are documented in a preliminary report by the UN Joint Human Rights Office in the DRC which we released on Friday 24 September 2010.

The report documents recent instances of the repeated and widespread sexual attacks that are prevalent in the DRC and for which perpetrators largely escape arrest and punishment.  In such an environment of impunity abusers are emboldened, while their victims are denied justice.

There is no doubt that failing to address impunity is breeding rampant rape and violence against women. 

Violence in the East and other parts of the DRC must be brought to an end.    I fully recognize the enormous challenges faced by the DRC authorities in carrying out investigations and bringing perpetrators to justice. My office in the country already implements a number of projects to facilitate access to justice for victims of sexual violence, and OHCHR as a whole remains available to further assist the DRC authorities in this endeavour.

I also wish to reiterate that no effort should be spared to ensure the safety of victims against recurrence, and that their medical and psychological needs are met.

The rights of victims to obtain remedies and reparations remain a critical issue. Let me brief you about OHCHR’s most recent efforts in this regard.

OHCHR has deployed a high-level panel of experts, led by the Deputy High Commissioner and with the participation at Ministerial level of the DRC Government.  The Panel will convene in the DRC on September 27 and will hold a series of hearings in various parts of the country with survivors of sexual violence as well as other actors.  This joint initiative will examine how victims perceive and evaluate institutional responses to the crimes committed against them.  Ultimately, this project will provide a much needed advocacy tool not only for developing a reparations mechanism for all victims of sexual violence, but also for addressing the many weaknesses in the judicial system that affect prosecution of this crime in the DRC.

As many of you know, this initiative dovetails with a OHCHR report which maps out major violations of human rights and humanitarian law, including gender violence, committed in the DRC from 1993 to 2003. The report contains a section highlighting the fact that women and girls were subjected to serious acts of sexual violence during this decade. The report will be released on October 1.  Its overarching objective is to enable the Government of the DRC to identify appropriate transitional justice mechanisms to deal with the legacy of these violations, in terms of truth, justice, reparation and reform. This report reflects the commitment of the United Nations and my office to assist the Government of DRC in its efforts to eradicate the culture of impunity which has fuelled sexual violence and other serious human rights violations.

Ladies and Gentlemen,

Justice for victims of rape and sexual abuse is the best way to implement UN Security Council Resolution 1325 on women peace and security.  Resolution 1325 recognized the fundamental difference in the way in which women and men experience conflict.  Further, it reminded the international community of its obligations and responsibilities under international human rights treaties and international humanitarian law, including the Geneva conventions.  It also reaffirmed the need for all States to uphold human rights, including the principles of non-discrimination and gender equality, during situations of conflict, peace-making and peace-building.  Crucially, the resolution asserted the vital role that women can and must play in putting an end to conflict, including in peace negotiations, as well as in post conflict reconstruction. 

The Human Rights Council and the United Nations as a whole have an important role to play to bolster the justice system and accountability mechanisms in the DRC. The victims expect no less.

My Office stands ready to assist both victims and the DRC Government, and I urge the international community to support the efforts of the Government in this regard.

Thank you.