Unpublished Papers

Prosecuting Sexual Violence in Eastern Congo: Why is it an Unachievable Outcome for Most Victims?

Joanna Obbink, DLA Phillips Fox

Abstract

Sexual violence in eastern Democratic Republic of the Congo (eastern Congo) has been described as the worst in the world. Despite the introduction of forceful legislative amendments to reduce the violence, the scourge of rape still plagues eastern Congo.

Given that the Congolese state only prosecutes very few cases, this paper identifies and explains the obstacles to the prosecution of sexual violence perpetrators in eastern Congo. Based on personal interviews conducted in eastern Congo with various vocational and demographic groups from May to August 2008, the paper reveals the magnitude of the many sociological, institutional, financial and legal factors hindering the prosecution of sexual offenders. The paper argues that the successful prosecution of sexual offenders in eastern Congo faces myriad daunting obstacles and necessitates an exceptionally lucky combination of a number of unlikely conditions. To overcome these obstacles, strategists must concentrate on the factor underlying the sexual violence, namely insecurity in eastern Congo.