INTRODUCTION

The Democratic Republic of the Congo (French: Rpublique dmocratique du Congo), formerly Zaire, is a state located in Central Africa, ith a short Atlantic coastline (!" #m)$ %t is the third largest country in Africa by area after &udan and Algeria and the t elfth largest in the orld$ 'ith a population of nearly "( million$ The Democratic Republic of the Congo is the eighteenth most populous nation in the orld, and the fourth most populous nation in Africa, as ell as the most populous officially Francophone country$ %n order to distinguish it from the neighboring Republic of the Congo to the est, the Democratic Republic of the Congo is often referred to as DR Congo, DR)C, DRC, or RDC (from its French abbre*iation), or is called Congo+,inshasa after the capital of ,inshasa (in contrast to Congo+-ra..a*ille for its neighbor)$ %t also borders the Central African Republic and &udan to the north/ 0ganda, R anda, and -urundi in the east/ Zambia and Angola to the south/ the Atlantic )cean to the est/ and is separated from Tan.ania by 1a#e Tanganyi#a in the east$ The country has access to the ocean through a 23+#ilometre (45 mi) stretch of Atlantic coastline at 6uanda and the roughly 7 #m ide mouth of the Congo Ri*er hich opens into the 8ulf of 8uinea$ The Democratic Republic of the Congo as formerly, in chronological order, the Congo Free &tate, -elgian Congo, Congo+19opold*ille, Congo+,inshasa, and Zaire (Zare in French)$ Though it is located in the Central African 0: subregion, the nation is economically and regionally affiliated ith &outhern Africa as a member of the &outhern African De*elopment Community (&ADC)$ The &econd Congo 'ar, beginning in (77;, de*astated the country, in*ol*ed se*en foreign armies and is sometimes referred to as the <African 'orld 'ar<$ Despite the signing of peace accords in 433!, fighting continues in the east of the country$ %n eastern Congo, the pre*alence of rape and other se=ual *iolence is described as the orst in the orld$ The ar is the orld>s deadliest conflict since 'orld 'ar %%, #illing 5$2 million people$

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WAR, RAPE & FAILURE IN THE CONGO

About 5$2 million people ha*e been #illed in the ars in the Democratic Republic of Congo (D$R$C$), the former Zaire$ 25,333 die e*ery month and hundreds of thousands of omen ha*e been raped here $ 'artime rapes are anything but ne and ha*e been employed not only to terrori.e the population but also as eapon of genocide in R anda, -osnia and Darfur$ The ?astern Congolese pro*inces of :orth and &outh ,i*u ha*e been affected by particular gruesome acts of *iolence and thousands of *ictims suffer from rape+induced fistulae, ruptures of the alls hich separate the *ictim>s *agina from her rectum$ According to 0: staff and doctors in the region, all armed groups in the region are in*ol*ed in rapes and despite the 4334 @retoria Accord hich put an official end to the ar, attac#s and rapes continue to this *ery day$ 6any sur*i*ors are forced out of their homes and their families abandoned and left to fend for themsel*es$ Therefore, apart from medical treatment and psychological counseling, there is a strong demand for Austice$ -ut due to the ea# position of omen in Congolese society, Austice is much harder to get by than medical treatment$ Although the Congolese @enal Code and 6ilitary @enal Code penali.e these crimes, the reaction by the Congolese go*ernment to the atrocities remains insufficient, ma#ing a solution based on Congolese criminal la unli#ely$ The practical application of the D$R$C$>s domestic la s is found anting and the la does not ha*e the deterrent effect hich is reBuired to pre*ent future atrocities, also due to the traditional position of omen in Congolese society continues to be reflected in the la : According to Art$ 22; of the D$R$C$>s family code, a married oman has to obtain her husband>s permission to bring a case to court + hich pro*ides a maAor obstacle on the road to Austice$

INTERNATIONAL COMMUNITY RESPONSE

The response of the international community has been incommensurate ith the scale of the disaster resulting from the ar in the Congo$ %ts support for political and diplomatic efforts to end the ar has been relati*ely consistent, but it has ta#en no effecti*e steps to abide by repeated pledges to demand accountability for the ar crimes and crimes against humanity that ere routinely committed in Congo$ 0nited :ations &ecurity Council and the 0$:$ &ecretary+

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8eneral ha*e freBuently denounced human rights abuses and the humanitarian disaster that the ar unleashed on the local population$ -ut they had sho n little ill to tac#le the responsibility of occupying po ers for the atrocities ta#ing place in areas under their control, areas here the orst *iolence in the country too# place$ Cence R anda, li#e 0ganda, has escaped any significant sanction for its role$(

ICRC Action and Res !ts

%n 4337, the %CRC focused on addressing the humanitarian situation in eastern DRC$ To better respond to the cumulati*e needs of people affected by recurring armed confrontations in the ,i*us, the %CRC appealed in 6ay for additional funds for its assistance operations, implemented in partnership ith the Red Cross &ociety of the DRC$ %n %turi, cooperation ith the :ational &ociety as strengthened and family+lin#s and detention+related acti*ities resumed after se*eral years of the %CRCDs absence follo ing the deaths of si= of its staff members there in 433($ %n light of the relati*e stability in ,atanga, %CRC assistance acti*ities in the pro*ince ere reduced$ Contacts ith eapon bearers at all le*els helped obtain access to *ictims and security clearances for Red Cross or#ers$ The %CRC pursued confidential dialogue ith the rele*ant authorities regarding alleged %C1 *iolations and hene*er rele*ant appealed publicly to all parties to the armed conflict to protect ci*ilians$ %CRC delegates also briefed parliamentarians and armed forces and groups on %C1 pro*isions and raised local, national and international a areness of its humanitarian operations and concerns$ %D@s in the ,i*us recei*ed emergency relief goods, food and ater$ Returnees and host communities reco*ering from the effects of armed conflict ere gi*en seed and tools to help them resume farming, sometimes coupled ith food$ A li*estoc# *accination campaign and support for farming and fishing associations also boosted income generation$ Eillage ater points ere installed andFor repaired, and the urban ater and electricity boards or#ed ith the %CRC to rehabilitate supply net or#s in to ns$ %CRC material and technical input, including that of an %CRC surgical team until 6ay, helped hospitals and health and physical rehabilitation centres treat inAured people, particularly in the ,i*us$ 'ith %CRC bac#ing, o*er !3 counselling
(

<Cuman Rights 'atch: 'ar Crimes in ,isangani<$ Cr $org$

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centres pro*ided psychological and social support to *ictims of se=ual *iolence and facilitated their access to medical care$ Communities ere also prompted to challenge the stigma surrounding se=ual *iolence$ :ational &ocietyF%CRC family+lin#s ser*ices helped separated relati*es restore and maintain contact$ &uch acti*ities also enabled unaccompanied children, including large numbers of demobili.ed children, to be registered and reunited ith their families here appropriate$ Detainees in prisons and places of temporary detention ere *isited by %CRC delegates, ho discussed their findings confidentially ith the rele*ant authorities to impro*e detention conditions and treatment$ %n response to se*ere nutritional needs, the %CRC supplied daily food rations to detainees$ 'here needed, it also deli*ered hygiene items and medicines and rehabilitated prison facilities$ %n ,atanga, the organi.ation ran prison management or#shops for pro*incial staff$ The %CRC pro*ided technical and financial support for the :ational &ocietyDs operations and boosted its capacities and processes$ The t o organi.ations or#ed together, for e=ample, to help the authorities manage an outbrea# of cholera in 8oma$ )ngoing coordination ith humanitarian actors on the ground, including 0: cluster system participants, helped ma=imi.e impact, respond to unmet needs and a*oid duplication$

Peo"!e de"#i$ed o% t&ei# %#eedo'

Detainees, including many held in relation to armed conflict or for other security reasons, ere *isited by the %CRC according to its standard or#ing procedures$ To promote compliance ith applicable la and internationally recogni.ed standards, the authorities ere informed confidentially of the delegatesD findings and recommendations$ %ssues of particular concern raised ere respect for Audicial guarantees and the needs of *ulnerable detainees$ @eople held by &tate militaryFintelligence ser*ices and by armed groups recei*ed some *isits from %CRC delegates as a result of dialogue ith the rele*ant detaining authorities$ T o Congolese soldiers ere released by the FD1R ith the %CRC acting as a neutral intermediary$ 'ith limited resources and capacities, the prison authorities struggled to ensure adeBuate

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detention conditions$ 6any detainees relied on food and other ser*ices pro*ided by relati*es or charitable organi.ations$ To counter se*ere malnutrition, detainees recei*ed emergency daily food rations andFor high+ energy biscuits and four prisons increased their coo#ing capacities follo ing deli*eries of fire ood$ As a result, the malnutrition rate in 6buAi 6ayi prison, for e=ample, almost hal*ed$ To begin identifying longer+term solutions, prison officials attended a health and nutrition or#shop in -as+Congo$ Detainees in ,atanga supplemented their diets ith produce from three %CRC+supported prison gardens$ &ic# detainees ere treated using medical items supplied to nine 6inistry of Cealth+run prison dispensaries$ 'here needed, detaineesD referral and hospital fees ere co*ered by the %CRC$ %n one prison, detainees se=ually *iolated during a riot recei*ed psychosocial, medical and legal assistance$ To boost hygiene, detainees recei*ed monthly pro*isions of soap$ @rison staff ere eBuipped for and trained in aste disposal and cleaning$'hen cholera bro#e out in 8oma, detainees ere gi*en disinfectant, clean ater, ne clothes and bedding$ Four prisonsD ater, sanitation and coo#ing facilities ere rehabilitated$ %n ,atanga @ro*ince, the detaining authorities de*eloped or#ing tools for monitoring and impro*ing o*erall detention conditions during t o %CRC or#shops organi.ed at their reBuest$

Wo nded and Sic(

Thirteen hospitals pro*iding emergency surgery to inAured people in the ,i*us recei*ed medical eBuipment and drugs$ )perating staff ere supported by an %CRC surgical team until 6ay$ &ome 23 medical professionals attended t o ar+surgery seminars$ Cospital staff treating referrals from %CRC+supported health centres (see Civilians) ere trained in go*ernance and stoc# management$ The reco*ery of people pre*iously treated for osteomyelitis at @an.i hospital as monitored/ ten peopleDs follo +up treatment as paid for by the %CRC$ The eapon+ ounded, be they ci*ilians or eapon bearers, had their physical rehabilitation or related tra*el costs co*ered by the %CRC$ To bolster such ser*ices, fi*e technicians and physiotherapists ere sponsored to attend courses abroad$

A#'ed Fo#ces and Ot&e# )ea#e#s o% Wea"ons

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%n its dialogue ith armed forces and armed groups, particularly those in the ,i*us, the %CRC familiari.ed these groups at all le*els ith the main principles of %C1 and the %CRCDs mandate and acti*ities$ The aim as to impro*e respect for the ci*ilian population and secure Red Cross or#ersD safety and access to *ictims and detainees (see Civilians and People deprived of their freedom)$ Contacts ere also de*eloped ith the police to promote international human rights la and standards and to raise a areness of the %CRCDs or# for detainees$ The %CRC supported the DRC armed forces in their efforts to institutionali.e %C1 training$ &ome !3 military instructors, including, for the first time, instructors deployed in the ,i*us and @ro*ince )rientale, ere trained by the %CRC to teach %C1$'ith %CRC technical and financial input, the 6inistry of Defence published its first code of conduct for army personnel$ The code encompassed %C1 pro*isions, including those protecting ci*ilians$ The DRC army recei*ed similar support to produce %C1 teaching materials, including a film, in local languages$

Ci$i! Societ*
The public learnt about humanitarian principles, concerns and action, particularly in the ,i*us, through national and international media co*erage$ This as based on %CRC inter*ie s, publications, press releases and e*ents for Aournalists, hich included clubs, *isits to obser*e %CRC acti*ities, and a seminar on reporting from a humanitarian perspecti*e$4 @eople affected by conflict heard about humanitarian principles through %CRC radio campaigns/ a ee#ly DRC Red CrossF%CRC radio programme as broadcast in 8oma and ,inshasa$ Dissemination sessions also introduced community and religious leaders in ,inshasa and the ,i*us to %C1 principles and %CRC acti*ities$ Ta#ing ad*antage of the %CRCDs %C1 e=pertise, students, lecturers and ci*il society organi.ations reBuested technical ad*ice and materials and attended related briefings$ %nformation sessions for national and international :8)s and other ci*il society organi.ations based in ,inshasa and the ,i*us impro*ed the complementarity of humanitarian protection and assistance acti*ities in the DRC$ Contacts ith la yers ere initiated to raise a areness of the %CRCDs detention+related acti*ities and to discuss respect for Audicial guarantees$

<%C1 and &e=ual Eiolence<$ The @rogram for Cumanitarian @olicy and Conflict Research$

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Conc! sion and S ++estion

The armed conflict has se*erely ea#ened the already *ulnerable health+care facilities in :orth ,i*u, and they continue to struggle amid the ongoing lac# of security$ :eeds are great and far e=ceed the support and aid pro*ided by the %CRC and other humanitarian organi.ations$ Facilities are generally lac#ing in eBuipment, basic supplies and medicines$ %t is *irtually impossible for emergency cases to be ta#en to hospital, as the necessary infrastructure either doesn>t e=ist or has been damaged$ Another problem is that ith the economic situation so dire, patients often do not ha*e the means to pay for care$ As a result, the cost+reco*ery rate is no higher than !3G, and yet these facilities rely on payments from patients as their principal source of funding$ A lot of the people ho had been displaced by the conflict ha*e recently returned home$ Cealth ser*ices ne*ertheless remain far out of reach for many$ A *iolence+prone en*ironment restricts mo*ement and hinders access to health care$ %t can e*en pro*e fatal hen it slo s or pre*ents medical e*acuation$ @oor security conditions aggra*ate malnutrition, as har*ests are regularly pillaged and access to fields restricted$ This has a direct impact on the health of the population, and on children in particular$ Cealth+care professionals feel the impact of a *iolence+prone en*ironment Aust as #eenly, since their role is not al ays respected by the parties to the conflict$ Care centres are attac#ed or pillaged, and personnel are sometimes forced to or# under e=tremely difficult circumstances$ The %CRC has been or#ing ith the Euhoyo centre for se*eral years and has been gi*ing it ad hoc support since 4335$ %t as built in 433( by the members of the Euhoyo community, at the initiati*e of the local leaders$ This *illage is in a pro*ince not directly affected by the conflict$ %n :o*ember 433;, ho e*er, it became host to huge numbers of displaced people from Rutshuru, ,ibiri.i and 6irangi$ The health centre had to cope ith a sudden influ= of ne patients$ Coused in a dar#, damp building ith a thatched roof, and ith *ery limited resources, the centre could clearly no longer meet the demands being placed on it$

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The %CRC>s reconstruction proAect has impro*ed access to primary health+care for about ;,333 people li*ing in the area$ The residents of Euhoyo, and the thousands of people displaced by the chronic instability, no benefit from a ne ly reno*ated health+care facility, fully furnished ith all the essential supplies, eBuipment and medicines$ &ince :o*ember 433;, the %CRC has been offering regular support to four other facilities in southern 1ubero: the referral hospitals in ,itsombiro and - atsinge, the ,aseghe health centre and 6at anda hospital in -utembo$ 6atanda hospital is southern 1ubero>s referral hospital for ar inAuries, in particular gunshot ounds$ The %CRC supplies these facilities ith *ital medicines, eBuipment and hygiene items, augmenting their ability to pro*ide treatment$ %n -eni, for e=ample, the %CRC has set up a physiotherapy unit and built a sterili.ation unit and laundry$ %n addition, the %CRC offers the facilities substantial financial support, helping to co*er their running costs and reimbursing them for the e=pense of treating displaced people$ Cigh+Buality health care also depends on ha*ing attenti*e, ell+trained and moti*ated staff$ The %CRC contributes to ards salary bonuses for health+care personnel H in order to encourage them to continue or#ing there H and supports their ongoing training$ For instance, a series of seminars on treating ar ounds as run by the %CRC in )ctober 4337, in :orth and &outh ,i*u$ %n addition, an %CRC surgical team as sent to or# ith the staff at the -eni general referral hospital in April and 6ay 4337$

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)i,!io+#a"&*

BOOKS Henry J, Philip Alston, Ryan, International Human Rights in Context, 3rd ed. 2 ox"ord. Ian #ro$nlie, #asi% &o%uments on Human Rights, Indian 'dition, (th ed., 2 )x"ord. !, !,

Websites

http*++$$$.$i,ipedia.org http*++$$$.i%r%.org $$$.our$orld-yourmo.e.org $$$.s%ri/d.%om $$$.the"reedi%tionary.%om

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