Republic of the Congo. In this regard, she
highlighted the following:
sm
SÉRAPHINE KILONGOZI MUSAMBI
Deputy Representative of the NGO Action Contre
L’Impunité pour les Droits Humains/ACIDH, Deputy
Public Prosecutor at Kinshasa Kalamu Prosecutor’s
Office and Coordinator of the specialised cells in the
fight against sexual and gender-based violence at the
Kalamu Prosecutor’s Office, Democratic Republic of
the Congo.
Accountability for sexual and gender-based violence
in the Democratic Republic of the Congo
Séraphine Kilongozi Musambi’s presentation focused
on the challenges surrounding accountability for
sexual and gender-based violence in the Democratic
Republic of the Congo. Her presentation drew on her
experience as a human rights activist, a consultant
who collects data on cases of mass rapes that took
place in conflict areas in the DRC, as well as Public
Prosecutor responsible for monitoring cases of
sexual and gender-based violence recorded at
her office.
She began by providing some background
to the scourge of sexual violence in DRC. She
highlighted the role played by the media in
bringing to light sexual and gender-based violence
cases, which led to the involvement of various
actors and, ultimately, to the amendment of laws
related to sexual violence. She highlighted that
specialised cells have been created in the fight
against sexual and gender-based violence at all
levels of the national jurisdictions following a
circular issued by the Public Prosecutor’s Office.
The cells have one objective: to handle cases of
sexual violence expeditiously and responsibly.
The PGI/Kalamu cell published statistics on data
recorded at its level for the period 2006–2013.
It also indicated that NGOs play a big role
in collecting data that enable matters to be
referred to regional human rights mechanisms.
She then turned to some challenges associated
with justice for sexual violence in the Democratic
• Judges and magistrates who deal with sexual
violence cases experience challenges due to the
lack of medical certificates in most cases, which
hinder both the determination of proof and the
medical assistance of victims.
Access to justice for victims in
rural areas is difficult due to the
remoteness of defendants, cultural
attitudes, the lack of financial
resources, the cumbersome justice
system, the fear of retaliation, the
lack of confidence in the justice
system and the perpetuation of
rape culture through magicalmystical beliefs.
• Circuit court or mobile court hearings
(courts that move to where the victims are)
are hamstrung by inadequate financing. The
provision of security and transport of detainees,
victims and magistrates to the courts especially
when those crimes were committed in remote
areas is especially costly. This substantial cost
has an impact on the number of mobile courts
that can be instituted.
• A further challenge relates to the protection of
the anonymity of the victim, which is difficult in
the context of open-door mobile court sessions.
This is particularly important for avoiding
marginalisation of the victim.
• Access to justice for victims in rural areas is
difficult due to the remoteness of defendants
(both perpetrators and victims, the distance
between houses and police stations), cultural
attitudes, the lack of financial resources,
the cumbersome justice system, the fear of
retaliation, the lack of confidence in the justice
system and the perpetuation of rape culture
through magical-mystical beliefs.
• She further highlighted that, in areas not affected
by armed conflict, cases of rape are often dealt
with through amicable settlements between the
parties at judicial level (especially in cash or kind)
in order to close the cases.
PANEL 2: Case studies on accountability for sexual and gender-based violence in conflict
/9
Select target paragraph3
Add to table of contents