Social-legal Implications of Violence Against Women: Case Study of the North and South Kivu Provinces In Democratic Republic Of Congo During The Armed Conflict

ABSTRACT This study examined aspects of sexual violence in the North and South Kivu provinces of DRC during armed conflict. Literature was reviewed based on the various sub themes; in all its aspects it alluded to sexual violence as a practice that emanates from unequal power relations and discrimination between men and women in all spheres of life. The study employed a descriptive study design with a triangulation of qualitative methods of data collection and analysis. The qualitative methods involved, in depth interviews with key informants, observation, documentation, and focus group discussions, The recommendations in terms of measures to combat sexual violence against women included in activities for combating violence, transforming socio-cultural norms, the need for new legislation, domestic violence legislation, and a transformation of traditional legal system, all this aimed at improving the status of the women within society and to enable them participate meaningfully in the development process. 

TABLE OF CONTENTS

DECLARATION

DECLARATION B

APPROVAL SHEET

DEDICATION iv

ACKNOWLEGEMENTS v

ABBREVIATIONS vi

INTERNATIONAL INSTRUMENTS vii

LIST OF NATIONAL LEGISLATION viii

ABSTRACT xii

CHAPTER ONE 1

GENERAL BACKGROUND ~1

1.0 Introduction 1

I.lBackground to the Conflict in the Kivu Provinces 1

1.2 Statement of the problem of study 8

1.3 Objectives of the study 9

1.3.1 Main objective 9

1.3.2 Specific Objectives 9

1.4. Research questions 10

1.5 Hypothesis . 10

1.6. Scope of the study 10

1.7 Significance of the study 10

1.8 Limitation of the study 11

1.9 Operational definition 11

CHAPTER TWO 12

REVIEW OF RELA~rED LITER.A~rURE ~12

2.1 The forms of Violence against Women 12

2.2 Initiatives fighting against sexual violence 13

2.3 Violence occurring within the Family 15

2.3.1 Domestic violence ,,,.,., 15

2.3.2. Incest~16

2.3.4 Forced marriage~16

2.4 Violence against Women in the Armed Conflict Situation 17

2.5 The legal framework allowing for the prosecution of perpetrators of violence

against women within the context of the war 19

2.6 Rapes committed by MONUC agents 19

2.7 Violence against Women within the Community 20

2.8 Women in Detention . 25

2.9 The causes of violence against women 26

2.10 The effects of violence against women 26

2.11 How to stop violence against women in the Kivu Provinces 27

CHAPTER THREE  30

METHODOLOGY ~30

3.1 Research Design 30

3.1.1 Primary Data 30

3.1.2 Secondary Data 30

3.2. Data Processing and Analysis 30

3.2.1 Data Processing 30

3.2.2 Data Analysis 31

CHAPTER FOUR ~ ~32

THE LEGAL FRAMEWORK PREVENTING SEXUAL VIOLENCE AGAINST 32

4.1 Introduction 32

4.1.1. The Convention on the Elimination of All Forms of Discrimination against

Women 32

4.1.2. Status of International Treaties in Domestic Law 34

4.2 The Status of Women and Girls in the DRC 34

4.2.1 Legal and Institutions Frameworks Concerning the Status of Women 34

4.2.1.1 The Third Republic’s Constitution, 2006 34

4.2.1.2 The National Council of Women 35

4.2.2 Discriminatory Provisions in Relation to Women .36

4.2.2.1. The Family Code 37

4.2.2.2 Toward a Reform of the Family Code 40

4.2.2.3 The Penal Code 41

4.2.2.4. The Labour Code 41

4.2.2.5. The Department of Public Services 43

4.3 Discrimination Toward Women in Education and Politics 43

4.3.1. Education 44

4.3.2. Access to politics or to positions of responsibility 45

4. 4 Women’s Right to Health 46

4.4.1. Maternal mortality 46

4.4.2. Sexually transmitted diseases 46

4. 5 Rural women 48

CHAPTER FIVE ,49

FINDINGS, CONCLUSIONS AND RECOMMENDATIONS ............................. 49

5.0 Introduction 49

5,1. Findings 49

5.2. Conclusion 51

5,3 Recommendations 52

BIBLIOGRAPHY  56