VZCZCXRO8526
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #1125/01 3521409
ZNR UUUUU ZZH
P 171409Z DEC 08
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 8924
RUEHFR/AMEMBASSY PARIS PRIORITY 1227
INFO RUEHKM/AMEMBASSY KAMPALA 4684
RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS SECTION 01 OF 03 KINSHASA 001125 
 
SIPDIS 
 
DEPT FOR AF/C, AF/RSA, G/IWI, DRL/AE, IO/RHS, and F 
USAID FOR DCHA/DG, DCHA/OFDA, GH/PRH, AFR/DP, AFR/SD, AA/AFR, AFR/EA 
and AFR/SD 
 
E.O. 12958: N/A 
TAGS: PHUM PREL PGOV KWMN KPAO SOCI CG
SUBJECT:   DRC: TAKING ACTION AGAINST GENDER- 
            BASED VIOLENCE 
 
¶1.  (SBU) Summary: During the UN 16 Days of Activism Campaign 
Against Gender-Based Violence, embassy personnel participated in 
several events.  USAID Social Protection Officer spoke at the 
Protestant University of Congo and CALI (Congolese-American Language 
Institute) English clubs about Sexual and Gender-Based Violence 
(SGBV) on November 29 and December 3 and appeared on a local 
Congolese television program dedicated to violence against women 
December 11.  Poloff attended the screening of the American-directed 
documentary "The Greatest Silence" at Parliament December 11.  The 
USG supports a variety of programs addressing acute SGBV in eastern 
DRC and other parts of the country.  The Congolese Law Against 
Sexual and Gender-Based Violence, passed in 2006, criminalizes rape 
and other forms of SGBV however the GDRC does not effectively 
enforce the law.  Widespread impunity contributes to the prevalence 
of SGBV.  Reports of cases perpetrated by GDRC security forces, 
rebel groups and civilians are on the rise.  Despite instances of 
increased GDRC actions to prosecute and convict perpetrators within 
the constraints of the existing institutions, there will not be a 
reduction in the rate of SGBV without a concerted national effort to 
build up the Congolese judicial system.  End Summary 
 
Embassy Activities during the 16 Days of Activism 
--------------------------------------------- ---- 
 
¶2.  (U) USAID Social Protection Officer spoke to the Protestant 
University of Congo's English Club about sexual violence Saturday, 
November 29.  The Officer gave a presentation on SGBV which 
generated a lively discussion amongst the group of English Club 
participants numbering over 50.  Specific issues debated included 
the rule of law, insecurity and protection, domestic violence, the 
needs of SGBV survivors, and the consequences of SGBV on 
individuals, families, and communities.  The Officer provided an 
overview of USG assistance combating SGBV in the DRC and the impact 
of USG programs. 
 
¶3.  (U) The Officer also spoke to 20 students of the English Club at 
the Congolese American Language Institute (CALI) December 3.  After 
a brief presentation about SGBV and USG prevention programs and 
assistance to survivors, she responded to questions about domestic 
violence, rape, women's rights, the rule of law, and USG foreign 
assistance for activities to protect women and children. 
 
¶4.  (U) The Officer was a guest speaker December 11 on the Congolese 
television program Let's Speak English and responded to questions 
about SGBV, women's rights, and USG programming in the DRC.  Officer 
spoke about the legal rights of women, protecting minors from sexual 
violence and abuse, and USG-supported activities in Eastern DRC to 
respond to extreme SGBV.  The 30-minute program was dedicated 
entirely to violence against women. 
 
¶5.  (U) Poloff attended the December 11 screening of "The Greatest 
Silence," a film by American director Lisa Jackson, at Parliament. 
The film is a documentary on rape in the DRC.  She presented copies 
to National Assembly President Vital Kamerhe and Senate President 
Leon Kengo wa Dondo as well as parliamentarians from both houses of 
Parliament.  Subsequent to the screening, Poloff and Social 
Protection Officer met with Jackson December 15 to discuss SGBV. 
Jackson presented Poloff with a complimentary DVD copy of the film 
for the purpose of an Embassy screening in 2009. 
 
SGBV Prevalence and Existing Legislation 
---------------------------------------- 
 
¶6.  (U) Government security forces, armed groups, and civilians 
continue to perpetrate widespread rape against women and girls in 
the DRC.  Prosecutions for rape and other types of sexual violence 
remain rare.  Both survivors and NGO's cite impunity as the main 
reason for sexual violence.  Most survivors do not have sufficient 
confidence in the justice system to pursue formal legal action or 
fear subjecting themselves to further humiliation and possible 
reprisal.  Access to care and treatment services for SGBV survivors 
can also be difficult in hard-to-reach locations and conflict-prone 
areas. 
 
¶7.  (U) SGBV in the DRC is frequently perpetrated against children, 
with high incidences of rape of young girls reported in Ituri and 
Maniema provinces.  The rape of a child or an adult is generally 
seen to be a problem of the survivor (who may well be blamed for it, 
particularly if above the age of 12 or so) and her family.  Rape is 
not seen as a community issue that requires action to improve the 
 
KINSHASA 00001125  002 OF 003 
 
 
safety of women and girls. 
 
¶8.  (U) The rise in media coverage of the brutal nature of sexual 
violence in eastern Congo has led many to conclude that incidents of 
rape are increasing despite a decline in conflict in some areas, 
such as Ituri District and Maniema.  Cases of extreme sexual 
violence and other atrocities have been increasingly documented in 
Eastern Congo, particularly in North Kivu, where ongoing conflict, 
high levels of physical insecurity, and population displacement 
continue at an elevated level since August 2008.  Such cases include 
gang rapes, mutilation of genitalia, and rape-shooting or 
rape-stabbing combinations, and other forms of torture, often with 
family members forced to watch.  Because of the brutality of these 
SGBV acts, rape in eastern Congo is largely perceived as a weapon of 
war used to subdue, humiliate and punish local populations.  The 
perpetrators of SGBV in these conflict-affected areas include all 
armies, militias and gangs implicated in the conflict and operating 
in eastern Congo, but also include local civilians. 
 
¶9.  (U) While most of the recorded attacks have been by the various 
militias and the FARDC, rape by civilians is reported to be on the 
rise.  Sexual and gender-based violence perpetrated by members of 
armed groups and civilians is exacerbated by the prevalence of 
impunity.  In a recent report, the UN Human Rights Integrated Office 
in the DRC (UNHRO) states that despite strengthened laws on sexual 
violence "law enforcement personnel and magistrates continue to 
treat rape and sexual violence in general with a marked lack of 
seriousness. Consequently, men accused of rape are often granted 
bail or given relatively light sentences and out-of-court 
settlements of sexual violence cases are widespread."  Few cases are 
reported to the police, and fewer still result in prosecution. 
 
¶10.  (U) Congolese law criminalizes rape, but the government does 
not effectively enforce this law.  Rape is common throughout the 
country and especially pervasive in areas of conflict in the east; 
however, there are no comprehensive statistics available regarding 
its frequency.  Legislation enacted in 2006 broadened the definition 
of rape to include male survivors, sexual slavery, sexual 
harassment, forced pregnancy, and other sexual crimes not previously 
covered by law.  It also increased penalties for sexual violence, 
prohibited compromise fines, allowed survivors of sexual violence to 
waive appearance in court, and permitted closed hearings to protect 
confidentiality.  The law neither mentions sexual violence in 
marriage nor prohibits spousal rape.  The minimum penalty prescribed 
for rape is a prison sentence of five years. 
 
USG SGBV Prevention and Response Programs 
----------------------------------------- 
 
¶11.  (U) The United States Government is a major bilateral donor to 
SGBV programs in the DRC.  USG-funded programs, managed by USAID and 
the Department of State, improve access to care and treatment 
services for survivors, fight impunity for perpetrators through 
support for legal reform and judicial system strengthening, and 
promote community awareness of and response to SGBV. 
 
¶12.  (U) Since 2002, USAID has been supporting SGBV programs through 
care and treatment for survivors and prevention activities.  USAID 
support has assisted more than 100,000 survivors and their families 
in four provinces. USAID Social Protection programs provide care and 
treatment services for SGBV survivors, including access to medical 
care, counseling and family mediation, and social and economic 
reintegration support.  Community awareness activities educate and 
mobilize local communities, including traditional leaders and 
women's groups, to promote women's rights, acceptance of rape 
survivors, and protection of the whole community.  USAID Democracy 
and Governance programs diminish impunity through legal reforms, 
advocacy, and legal services to survivors, including promotion of 
the 2006 Law Against Sexual and Gender-Based Violence, women's 
rights, and access to mobile courts.  USAID Office of Foreign 
Disaster Assistance (OFDA) supports emergency health projects in 
North Kivu, including medical services for Internally Displaced 
Persons (IDP's) and SGBV survivors. 
 
¶13.  (U) On December 16, USAID signed a $5 million, three-year 
cooperative agreement with the international NGO Cooperazione 
Internazionale (COOPI).  The agreement responds to the needs of SGBV 
survivors in the eastern provinces of Orientale (Ituri District) and 
Maniema, areas which continue to experience a high level of SGBV 
despite relative stability compared to other provinces.  The new 
 
KINSHASA 00001125  003 OF 003 
 
 
award will build upon the past success of COOPI SGBV programming. 
The project addresses physical, psychological, and economic needs of 
SGBV survivors, with a particular focus on minors and women pregnant 
as a result of rape.  In addition, the project strengthens community 
response to SGBV to prevent future acts of violence. 
 
¶14.  (U) Through the Bureau for Democracy, Human Rights, and Labor 
(DRL), the Bureau for Population, Refugees, and Migration (PRM), and 
U.S. Embassy Kinshasa, the Department of State has taken an active 
role in addressing SGBV in the DRC.  DRL-supported projects promote 
human rights, provide legal services to SGBV survivors, and build 
the capacity of local NGO's, justice sector and law enforcement 
personnel, and the media.  PRM activities provide counseling support 
and medical care to refugees, many of whom are survivors of SGBV, in 
Katanga and South Kivu Provinces.  The Department (AF/RSA) funded a 
program with the Defense International Institute for Legal Studies 
(DIILS) in collaboration with United Nations Peacekeeping Mission in 
Congo (MONUC) to build sex crimes investigation capacity within the 
DRC's military justice system.  Post's Democracy and Human Rights 
Fund provides small grants on an annual basis to local organizations 
funding economic and legal support to SGBV survivors, and the Public 
Diplomacy section has sponsored a series of SGBV workshops and music 
recordings. 
 
¶15. (SBU) Comment:  The problem of SGBV in the DRC is well 
documented.  With USG and other donor assistance, many international 
and local NGOs have worthy programs that provide much needed 
assistance to survivors and their families.  However, with the 
weakness of the Congolese justice system and the prevailing aura of 
impunity, the problem of SGBV continues.  An October 17 New York 
Times article cited positive GDRC responses to the epidemic of SGBV, 
namely increased prosecutions and convictions by police and military 
tribunals.  The article also noted the prominent role of irregular 
armed groups, in addition to the armed forces, in the commission of 
SGBV.  The screening of the documentary left a strong impression on 
many parliamentarians.  They did not realize the impact that SGBV 
has on their country until they saw the horrors of SGBV on the big 
screen.  It remains to be seen, however, whether the film will have 
a lasting impact on the parliamentarians, and whether other efforts 
to address this issue will provide an impetus to further security 
sector and justice sector reforms.  End Comment. 
 
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