Good afternoon. Thank you for having me. I must congratulate the members of the Subcommittee on International Human Rights on their ongoing interest in the issue of sexual violence, especially in the Congo.
In my presentation, I will talk about the actions taken to fight against massive human rights violations, the success of those actions, the limits we see today and a few suggestions for Canada.
As you heard, my name is Denis Tougas. I work for Entraide missionnaire, where I coordinate the activities of the Table de concertation sur la région des Grands Lacs africains. That organization has been around since 1989 and brings together most religious communities and international cooperation agencies that are involved in the region's three countries, especially the Congo. As such, the members and myself have been visiting the Congo for at least 15 years. I was there during the last election, whose outcome was announced four days ago.
As far as our specific problem goes, sexual violence has been denounced since the mid-1990s. I must point out, as my colleague did, that on-site Congolese women's groups in towns and remote areas are the first ones to assist the victims, despite their lack of resources and, at times, lack of expertise. The Congolese transition government did not take an interest in this matter until the relevant documented reports were published in 2002.
On the ground—I think you have heard some testimony on this at previous meetings—the many programs and projects usually have five components. They are the following: health management; psychological follow-up; socio-economic support and community reintegration; violence prevention; and, finally, legal support for victims to combat impunity.
The international community's response to the repeated and documented condemnation of this crisis has been significant. According to the Netherlands' Clingendael Conflict Research Unit, in 2010, the international community as a whole contributed US$40 million to that specific area, especially eastern Congo. Therefore, the invested effort is not insignificant.
I also want to point out that, in 2006, Canada set up a three-year $15-million program, which will be extended until March 2012, in the area. At the time, Canada and Belgium set up a joint project. I want to mention that this program played a key role in mobilizing resources internationally.
However, as you have heard during your previous meetings, sexual violence is ongoing in eastern Congo. You should ask yourselves the following questions: Where is the problem? What is the cause?
Medical care and victim support are gradually improving, but the abuse and violence continue. They are attributable to militia groups, regular army soldiers and, increasingly, civilians. Why? The number one culprit is a lack of safety: in Kivu and Ituri, there are still a dozen armed militia groups attacking civilians. In addition, regular army soldiers are often former militia members integrated without training. They are paid nothing, or very little, and act like conquerors in lawless areas very far from the Kinshasa headquarters. Also, and especially, impunity reigns supreme in that area. Although there are more and more women—survivors, as they are now referred to—who are brave enough to complain, convictions are rare and sentences are seldom fully enforced. Convicts easily succeed in bribing judges, and prisons are riddled with holes. The women who complain still account for a very small minority, especially among peasant women in remote regions.
The reasons behind that are the deficiencies in the security and justice systems. I will only talk about the justice system in terms of dealing with sexual violence.
The Report of the Mapping Exercise documenting the most serious violations of human rights and international humanitarian law committed within the territory of the Democratic Republic of the Congo between March 1993 and June 2003, produced by the United Nations Human Rights Office of the High Commissioner in September 2010, just over a year ago, states the following:
Acts of sexual violence enjoy blatant impunity in the DRC. Few cases reach the justice system, even fewer lead to trials and fewer still to convictions. Even in the rare cases where convictions are obtained, the defendants almost always escape from prison. Because of the near-total impunity that has reigned in recent years, the phenomenon is continuing in areas where the fighting has ended and has increased in areas where the fighting is still ongoing.
The report comes to the following conclusion:
It seems clear that brutalities such as those described in this chapter could not have taken place without the consent, at least tacit, of those people in positions of power who allowed impunity to become established.
The report adds the following:
There is absolutely no doubt that the scale and gravity of acts of sexual violence are directly proportional to the victims' lack of access to justice and that the impunity that has reigned in recent decades has made women even more vulnerable than they were before.
Here is a quote from a British parliamentary group:
[...] in the post-war transition period, the promotion of women's human rights and gender equality are not seen as a priority by the State party, in particular in efforts to address the consequences of the armed conflict and in the peacebuilding and reconstruction processes.
In plain language, this means that, for victims of sexual violence, especially those living in the country, the obstacles to obtaining justice are disproportionate to their capacities and difficult to imagine in our Canadian context. If you would like to hear examples, I can provide some during question period.
The international community has began responding to this problem. Here is one example. As far as the struggle against impunity goes, the U.S. has adopted a four-year $50-million project, effective until 2014. Belgium, Sweden and Switzerland have followed suit, and Canada intends to propose a follow-up to its first project that should begin in March 2012. In addition, as far as Canada goes, the Stabilization and Reconstruction Task Force, or START, has an annual budget of $4 million for the Congo and uses part of that money to fight against impunity.
Although these initiatives are praiseworthy and must be encouraged and developed, they are limited by their external nature and restricted timeframe.
Here is my main and only message.
It is clear that foreign countries, as generous as they may be, cannot resolve this issue. The Congolese state must resolve it with our help, we hope. So far, the provincial ministries responsible for gender, family and children, and social development have shown a true willingness to be held accountable in that area, but they are lacking resources. I could provide you with some examples.
There seems to be a lack of firm commitment to changing things at the central government level, even though some ministers and ministries have shown determination. Here is another quote from the Mapping Exercise:
The extremely reduced proportion of the budget allocated to the judicial powers is the primary cause of the lack of judges and of tribunals. Efforts from the international community and the United Nations were critical to start most of the ongoing projects to restore the judicial system. However the current judicial reforms only have a limited impact on the justice sector's budget, which remains insufficient. It is important to emphasize that the DRC has the obligation and responsibility to ensure that its justice system is viable and that its budget difficulties do not justify the inadequate resources that have been allocated to justice. As stated in the report of the international parliamentary-expert mission to the DRC in 2008, “If the State flouts, ignores or fails to properly fund the provision of justice, it undermines both the rule of law and democracy generally.”
In closing, I'm going to propose two measures to the committee. As my colleague said, the Canadian project that will be starting next year should be developed and supported, but that aid should also be presented in a different way so that the authorities, the Congolese authorities, are responsible for it.
To date, that assistance has been provided as humanitarian aid, without any truly active or responsible participation by the main players. There is now a different way of providing humanitarian aid, development aid, in this particular sector.
Here's my second proposal. The Government of Canada and parliamentarians should step up pressure for the Congolese government to assume its responsibility to combat the impunity with which individuals commit sexual violence, whatever it may be. Two opportunities will arise this year. First, the Sommet de la Francophonie, to be held in Kinshasa, will be a good opportunity to put the issue of the impunity with which sexual violence is committed back on the agenda of Congo and all other countries. Canadian parliamentarians should also organize a field visit. I invite you to do so.
Congo will pose a problem for Canadian diplomacy in view of elections that have been held and those that will be held. I therefore invite a delegation of parliamentarians to travel to Congo and to conduct a political visit to Parliament and to meet with the various players and authorities in Congo's civil and economic society.
Thank you.