Human Rights Council 16th Session 

“Remedies and Reparations for Victims of Sexual Violence in the Democratic Republic of Congo: Presentation of the report of the High Level Panel”
Side-Event 16th session of the Human Rights Council
 

Excellencies,
Ladies and Gentlemen,

I am very pleased to be here today to launch the report of the High Level Panel on Remedies and Reparations for Victims of Sexual Violence in the Democratic Republic of Congo (DRC). I welcome the Minister of Justice and Human Rights of the DRC, His Excellency Bambi Lessa Luzolo, and the three members of the High Level Panel: the Deputy High Commissioner for Human Rights, Ms. Kyung-wha Kang; Ms. Elizabeth Rehn; and Dr. Denis Mukwege.  I also very much welcome the presence of Jessica Neuwirth, my former Special Advisor on Sexual Violence, who led the Secretariat of the High Level Panel. 

Last year, I convened the High Level Panel to hear directly from victims of sexual violence in the DRC regarding their needs and their perception of remedies and reparations available to them. I tasked the Panel to assess the functioning of existing judicial mechanisms for remedies and reparations for victims of sexual violence and to make recommendations on how to strengthen these mechanisms.  Further, I asked its members to explore whether additional mechanisms were needed, particularly to provide access to remedies, as well as to ascertain options for victims when their attackers are not known.

Let me stress that the right to remedy and reparation is enshrined in international human rights law.  It encompasses not only the right to equal and effective access to justice, but also the need to address the consequences of the harm suffered, through restitution, rehabilitation, compensation, satisfaction and guarantee of non-repetition.

In post conflict situations like that in the DRC, only a fraction of victims’ claims for reparations can be redressed through individual cases in a court of law.  This is due both to the number of claims and to the inherent weaknesses of the legal system, as well as to the fact that victims are frequently unable to identify their attackers. The judicial approach to reparations may therefore have to be accompanied by out-of-court reparation programmes.

I also wish to underscore that the MONUSCO Joint Human Rights Office in the DRC is leading the UN work in the area of impunity under the overall framework of the National Strategy to Fight against Sexual Violence. In August 2010, my Office published the report on the Mapping Exercise documenting the most serious violations of human rights and international humanitarian law, including sexual violence, committed within the territory of the DRC between March 1993 and June 2003.  The recommendations of the High Level Panel now complement and strengthen past and ongoing efforts to fight impunity and strengthen the judicial response to sexual violence in the DRC.

Excellencies,

In spite of the efforts undertaken by the Government and the international community in the past few years, the obstacles victims face in obtaining access to justice remain daunting.  They range from geographic distance, to the costs associated with filing complaints, to the absence of effective legal assistance. Even the few victims who achieved a conviction have not been paid the damages awarded by the courts. When the perpetrators cannot be identified or remain at large, the there is currently no prospect of remedies and reparations for victims.

As stressed by the report of the High Level Panel, victims are often left to bear the cost of the harm suffered with dramatic physical, psychological and material consequences, which destroy not only their lives but often also the lives of their children.  This creates irreparable damage to the very fabric of societies and in turn poses serious threats to the prospects of reconciliation and sustainable peace and development. The report calls for measures to address this situation and strengthen reparation mechanisms, including those for victims of sexual violence whose perpetrators cannot be brought to justice.

In her thematic report to the Human Rights Council, the Special Rapporteur on Violence against Women noted that in order to be fair, reparations programmes must recognize all forms of sexual and gender-based violence and take into account the gender-specific physical, psychological and material consequences of the harm. 

The accounts of the victims interviewed by the Panel clearly illustrate that the root causes of sexual violence are deeply entrenched in power asymmetry and gender discrimination. Reparations programmes and initiatives must therefore also have a transformative potential and address these causes.

In addition to legal and institutional reform, I strongly believe that societal attitudes towards sexual violence and the stigma attached to it must change through education, positive reinforcement and policy. The High Level Panel witnessed the example of courageous men who, against the pressure of their communities, decided to stand by the women affected by violence. Indeed, attitudes and cultural norms are not static and can be improved.

Ladies and Gentlemen,

Although the State bears the primary responsibility for guaranteeing the rights of victims to remedies and reparations, I believe that there needs to be a serious reflection on the role of the international community in supporting national capacity to meet human rights obligations. To this effect, the ongoing reflection on the role of the international community in the area of reparations for crimes under international law is highly beneficial. My Office is closely following and contributing to these discussions.

In concluding, let me note that I am heartened by the expressed willingness of the Government to examine with diligence how to progressively implement the very useful recommendations that the High Level Panel provided. My Office wishes to strengthen its partnership with the Government of the DRC to this effect. Today’s event is an opportunity to discuss the best way forward.

Thank you.