450,000 Congolese refugees live in neighbouring countries, while more than 140,000 nonCongolese refugees are found in the DRC. For the period January-September, 2012, it was
estimated that 52,000 persons were expelled from Angola to the four border provinces of the
DRC.
329. At the end of conflicts, women and children generally account for 75% of refugees or
displaced persons. Women and children are also most vulnerable to gang rape and increase
in the prevalence of HIV/AIDS, and are most likely to become child soldiers, orphans, widows
and unaccompanied children. In this regard, the importance of the role of women in conflict
prevention as well as the peace and stabilization process in accordance with Resolution 1325
is indisputable.
330. With its involvement in the promotion of social justice and equality between men and
women, protection and defence of the rights of women and children as well as the fight against
all forms of discrimination against women and the fulfilment of its commitments, including
respect of the African Charter on Human and Peoples’ Rights and its Additional Protocol, the
DR Congo has taken appropriate legislative measures and put in place policies, programmes
and structures to ensure the protection of displaced, repatriated, refugee and asylum-seeking
women and to provide for sanctions against the violation of these protected rights, in
accordance with Article 11, Point 1 to 3 of the MAPUTO Protocol.
MEASURES FOR THE PROTECTION OF DISPLACED, REPATRIATED, REFUGEE AND
ASYLUM-SEEKING WOMEN AND SANCTIONS AGAINST VIOLATIONS OF THESE
PROTECTIONS (Art. 11 (1) - (3))
331. Legislative measures have been taken to implement specifically protected rights, particularly
the law on the protection of refugees passed since 2002, Law No. 06/018 of 20 July, 2006 on
the revision of the Congolese Criminal Code and Law No. 06/019 of 20 July, 2006 amending
and complementing the Congolese Criminal Procedure Code which protect women from sexual
violence and provide for sanctions against perpetrators of these various crimes. Given the fact
that soldiers are among the perpetrators of these acts, Article 17 of Law No. 13/005 of 15
January, 2013 on the status of soldiers of the FARDC requires soldiers to observe human rights
and strictly condemns anyone who subjects any human being to inhuman, cruel and degrading
treatment. The same goes for the code of conduct for soldiers in the DRC whose provisions
ensure the protection of the rights of women in times of peace and conflict.
332. According to the HCR, the main victims of armed conflicts in the DRC are women and children
who account for more than 71% of affected persons. For this reason, women, in much the
same way as men, must participate in the country’s pacification and security process. The
elevation in 2013 of 3 women to the rank of general and the appointment of other women into
high positions are one of the important administrative measures for the simple reason that the
appointment of these women will guarantee the protection of the rights of displaced persons
who are mainly women. In fact, the mass locations and organized camps for displaced persons
and refugees are protected by the security services.
333. The top hierarchy of the army has also set up a commission on the plan of action of the
FARDC to combat sexual violence and gone on to appoint its members. The Chief of Defence
Staff has also appointed a gender focal point within the FARDC to bring out the various genderbased cases of violence and to make recommendations to the General Headquarters of the
FARDC. In addition, more than 500 FARDC soldiers were taken through training in the
protection of women and children from sexual violence before their deployment on the field in
the operational zones.
334. To implement the rights specifically protected by the Protocol, many institutional
mechanisms have been put in place, particularly the National Refugee Commission which is
currently operating. It is working in collaboration with the Office of the United Nations High
Commission for Refugees and under the supervision of the Ministry responsible for the Interior
and Security; note must also be taken of the siting of gender thematic groups across the
country, one of whose components is the gender violence sub-group which brings together
representatives of the government, technical and financial partners as well as civil society. The
mission of this thematic group is to discuss issues relating to sexual violence in general and
those relating to armed conflicts in particular, as well as to make recommendations to the
stakeholders of the war. One of the most important mechanisms for the protection of women
from rape is the establishment in 2013 of the Office of the Special Adviser to the Head of State
on the fight against sexual violence and the recruitment of children into armed groups. Its
role is to monitor the violations of the rights of women, particularly regarding sexual
violence and to make recommendations where necessary. Another mechanism to
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