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Thursday, September 29, 2016
- Before a sexual violence survivor in the Democratic Republic of the Congo (DRC) has her day in court, she must surmount many obstacles. Poor or nonexistent roads and costly transportation may prevent her from going to a police station to report the crime, or to a hospital to receive treatment for the injuries sustained during the violence.
Inadequate training of law enforcement, limited resources for thorough investigations, and lack of witness protection may also compromise her case.
In the DRC, another impediment is a heavy reliance on traditional forms of justice. Sexual violence survivors are compelled by their families and communities to seek redress through traditional mechanisms because the process often leads to the survivor’s family receiving some type of compensation, such as a goat.
However attractive traditional justice may be for the family of those victimised, the survivor is rarely at the centre of the process. Understanding the various hurdles that a survivor must overcome in accessing the formal legal system is the first step in a survivor’s pursuit of justice.
Until recently, the international community has largely ignored the fact that even if survivors overcome many of these challenges and win their legal cases, they rarely receive reparations.
During a roundtable discussion hosted by Physicians for Human Rights, Georgetown University Institute for Women, Peace and Security, and Columbia School of International and Public Affairs earlier this year, experts identified reasons why survivors are unable to retrieve these hard-won reparations, and issued a set of recommendations that aim to help reverse this trend.
In order to receive court-ordered monetary compensation, survivors of sexual violence must navigate the onerous post-trial process alone – without counsel or support – and either pay upfront prohibitively expensive administrative fees and duties or collect and present difficult-to-obtain paperwork necessary to waive these fees.
Overcoming these obstacles can prove daunting – even insurmountable – for individuals who are well-resourced and connected, let alone for the majority of survivors who are financially indigent and disenfranchised.
The international community is finally paying apt attention to the fact that even if a survivor surmounts the many obstacles she faces in pursuing justice, it may never lead to compensation or to her perpetrator being brought to justice.
The roundtable participants, including key international stakeholders in the DRC, provided short-term recommendations to help survivors receive their judgments in hand. These include the training of judges on relevant Congolese laws to help survivors; direct international funds to help survivors navigate the post-trial process; engagement and education of community chiefs within traditional justice mechanisms about survivors’ rights and the need to direct survivors to the formal court system; and the strengthening and enforcement of penitentiary systems so that sentences are upheld and punishment can be a deterrent to committing such crimes in the future.
Long-term recommendations from roundtable participants included the need to marshal political will, creating both a sovereign mineral fund and a victims’ fund, and reforming the legal sector by creating mixed chambers and revising key pieces of legislation. Significantly, long-term strategies to support reparations for survivors must also take into consideration collective community responses for the many survivors who never report their violation or never engage in the justice process.
These recommendations are by no means exhaustive, but showcase a desire and commitment from international actors to help survivors receive monetary judgments.
Reparations, both monetary and non-monetary, can provide emotional, psychological, physical, and economic relief for the pain, humiliation, trauma, and violence that sexual violence survivors have endured.
Enforcing monetary reparations justifies the hardship and difficulty of pursing justice in the first place for the survivors. The international community can help a sexual violence survivor move from a position of pain to power. The main question is whether we are willing to urge local governments and community leaders to make it happen.
Sucharita S.K. Varanasi is a senior programme officer, at the Programme on Sexual Violence in Conflict Zones with Physicians for Human Rights. She travels and works in DRC and Kenya.