Accessing Reparations Remains a Persistent Challenge for Victims of Conflict-Related Sexual Violence in the DRC

By Eugène Buzake, coordinator of the Synergy for Legal Assistance to Victims of Human Rights Violations in North Kivu (SAJ) in the DRC

Gaining access to reparation remains a near-constant challenge for victims of conflict-related sexual violence who are seeking justice in the DRC. A new law aimed at facilitating their claims was finally enacted on 26 December 2022.

To date, no compensation has been paid to victims of mass crime in the DRC, despite multiple rulings ordering the delivery of reparation at the expense of the Congolese state. The same applies to cases of sexual violence, suffered by tens of thousands of victims.

To address this failure and advance reparation efforts for victims, the 2022 law established a new public body designed to collect and mobilise financial resources for the purpose of reparation payments owed to victims of conflict-related sexual violence and other crimes.

Despite concerns around the supposed impartiality of the new institution, signs are positive. The fact that reparation claims will be examined through an administrative process, as opposed to a judicial one, is particularly promising, as it means that claims will no longer rely on a guilty verdict or even on the identification of perpetrators. This is a significant step in the right direction given that cases of sexual violence are rarely brought before the courts due to the numerous challenges in accessing justice in the DRC.

Only the future will reveal the impact of these measures, but the current context of positive political will and the promise of dedicated resources in the government’s budget are encouraging, as are the institutional changes being made to advance reparation processes. These developments have the potential to both empower the countless victims who were impacted and the entire Congolese population.

This article was first published in the Community Corner of our Just Reparation newsletter. These contributions are invaluable in enriching our collective understanding and fostering meaningful dialogue within the reparation community of practice. If you would like to be featured, we encourage you to submit your contributions to [email protected].