Criminal Code, No. 06/019 of 20 July, 2006 amending and complementing the Decree of 10 August,
1959 on the Congolese Criminal Procedure Code, No 08/011 of 14 July, 2008 on the rights of people
living with HIV/AIDS and those affected, and No. 09/001 of 10 January, 2009 on the protection of
the child. In 2009, the government designed a national strategy to address gender-based violence
in collaboration with the United Nations and other partners. On 4 October, 2012, the government
of the DRC and the United Nations Special Team on Children and Armed Conflicts adopted a plan
of action against the recruitment and use of children and against serious human rights abuses
perpetrated by the armed forces and security agencies.
Among the measures taken, it is also noteworthy to state that the personal representative of the
Head of State was appointed and tasked with the fight against sexual violence and recruitment of
children.
The DRC government and the United Nations have signed a Joint Communiqué on the fight against
sexual violence in armed conflict situations in order to reactivate efforts already made. This joint
communiqué lays emphasis on national ownership of priorities identified, in particular the fight
against impunity and the establishment of mechanisms for the prevention of sexual violence within
the framework of the process of disarmament, demobilization and reintegration, including security
sector reforms.
It must be noted that the top hierarchy of the Armed Forces of the Democratic Republic of Congo
have taken strong measures to combat sexual violence during conflicts. Thus, disciplinary and
judicial measures have been enforced on regular basis against perpetrators of sexual violence.
Efforts have also been made to strengthen the training of the military as far as sexual violence is
concerned. Furthermore, prospective candidates for enlistment into the security agencies are
properly subjected to background checks in order to disqualify persons who have committed serious
human rights violations and offences against international humanitarian law.
xi.
Take the necessary measures and adopt appropriate programmes for the eradication of all
forms of violence against women, including the training of judges and police criminal
investigation officers in the area of violence perpetrated against women;
The DR-Congo has a national strategy to fight against sexual and gender-based violence (SNVBG)
comprising five components. The component “fighting against impunity” is intended to develop
the capacity of the judicial apparatus and to design a criminal policy on sexual violence with a
focus on victims’ rights, improve access to justice, provide reparation for victims through justice
delivery and ensure the effective implementation of the 2000 laws on sexual violence.
Among the results recorded under this component, it is important to note the training of judges,
criminal investigation police inspectors and other judicial service staff on the handling of such
cases pertaining to sexual violence.
It is worth noting, that the armed forces of the DRC and the Congolese National Police have their
respective plans in the fight against sexual violence. Within the context of these plans, all the
stakeholders in the criminal chain are provided with training on sexual violence.
xii.
Accelerate the operationalization of the National Agency responsible for the fight
against violence perpetrated against women and the girl child and provide it with
adequate human and financial resources
The DR-Congo has taken note of this recommendation and has given effect to it. Currently, the
National Agency responsible for the fight against sexual violence perpetrated against women and
young girls (AVIFEM) has adequate human resources. The remaining aspect is the allocation of
substantial budgetary resources to the Agency.
xiii.
Accelerate the operationalization of the Compensation Fund for Victims of Sexual
Violence and ensure that it meets the needs of the people concerned;
The DR-Congo has taken note of this recommendation and promises to implement it. So far, the
Senate Committee on Sexual Violence plans to create a reparation fund for the victims of sexual
violence.
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