Sexual Violence in African Conflicts
Alexis Arieff
Analyst in African Affairs
November 30, 2010
Congressional Research Service
7-5700
www.crs.gov
R40956
CRS Report for Congress
P
repared for Members and Committees of Congress
Sexual Violence in African Conflicts
Summary
Civilians in Africa’s conflict zones—particularly women and children, but also men—are often
vulnerable to sexual violence, including rape, mutilation, and sexual slavery. This violence is
carried out by government security forces and non-state actors, including, rebel groups, militias,
and criminal organizations. Some abuses appear to be opportunistic, or the product of a larger
breakdown in the rule of law and social order that may occur amid conflict. Other incidents of
sexual violence appear to be carried out systematically by combatants as a strategic tool to
intimidate and humiliate civilian populations seen as sympathetic to opposing factions.
While such abuses are by no means limited to Africa, weak institutions in many African states can
mean that victims have little redress; in addition to health and psychological consequences,
survivors are also often shunned by their families and communities. The issue has been
particularly prevalent in eastern Democratic Republic of Congo (DRC), where security forces,
rebel organizations, militias, and other armed groups have inflicted sexual violence upon the
civilian population on a massive scale. This report provides a detailed case study of DRC and an
index of U.S. programs there.
The issue of sexual violence in conflict is complex, with implications for international programs
and policies related to health, humanitarian relief, global women’s issues, the justice sector, the
security sector, and multilateral activities. Multiple U.S. government agencies and implementing
partners contribute to efforts to prevent and respond to sexual violence in African conflicts,
including the Department of State, the U.S. Agency for International Development (USAID), the
Department of Justice, and the Department of Defense, among others. Secretary of State Hillary
Clinton has taken the lead on the Obama Administration’s initiative to address the issue through
speeches, official travel, public remarks, writings, and actions at the United Nations. Still,
concerns remain among some analysts that programmatic responses to the issue have lacked
coordination between donors and among implementers.
The 111th Congress has repeatedly expressed interest in bringing attention to the issue of sexual
violence in African conflicts and support for programs to address it through legislation, hearings,
and other congressional actions. Potential issues for Congress include the authorization and
appropriation of targeted assistance programs and oversight of Administration policies and
participation in multilateral activities. Related legislation includes H.Res. 1676 (Carnahan); H.R.
5121 (Clarke); S. 2982 (Kerry); H.R. 4594 (Delahunt); H.Res. 931 (Carson); and H.J.Res. 10
(Jackson-Lee). The “conflict minerals” amendment to the Dodd-Frank Wall Street Reform and
Consumer Protection Act (H.R. 4173, passed into law on July 21, 2010, as P.L. 111-203)
references reported links between illicit mining activities and high levels of sexual and gender-
based violence in DRC.
For further background, see CRS Report RL34438, International Violence Against Women: U.S.
Response and Policy Issues, coordinated by Luisa Blanchfield.
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Contents
Recent Developments.................................................................................................................. 1
Congressional Activities........................................................................................................ 1
Walikale Mass Rapes ............................................................................................................ 1
Overview .................................................................................................................................... 2
Congressional Activities........................................................................................................ 3
Selected Cases and Context ......................................................................................................... 5
Context ................................................................................................................................. 6
Opportunistic Violence.................................................................................................... 7
Sexual Violence as a Strategic Tool ................................................................................. 8
Humanitarian and Post-Conflict Settings ......................................................................... 9
Sexual Violence by Security Forces in Peacetime ............................................................ 9
Impact on Victims and Communities ................................................................................... 10
Challenges in Prevention and Response............................................................................... 11
Access to Health Services ............................................................................................. 11
Law Enforcement.......................................................................................................... 11
Military Justice ............................................................................................................. 12
Legal Status of Women ................................................................................................. 12
International Mechanisms ................................................................................................... 13
Selected U.N. Activities ................................................................................................ 13
International Prosecutions ............................................................................................. 14
U.S. Policy................................................................................................................................ 16
Agency and Department Roles ............................................................................................ 16
Types of Programs .............................................................................................................. 17
Case Study: Democratic Republic of Congo (DRC)................................................................... 19
The Dynamics of Sexual Violence in DRC’s Conflicts......................................................... 20
DRC Government Responses .............................................................................................. 22
U.N. Peacekeeping Activities .............................................................................................. 22
Abuses by U.N. Peacekeepers ....................................................................................... 23
U.S. Policy Responses......................................................................................................... 24
Congressional Actions................................................................................................... 26
Outlook and Issues for Congress ............................................................................................... 26
Strategy and Emphasis ........................................................................................................ 26
Training Programs............................................................................................................... 27
The Role of U.N. Peacekeeping Missions............................................................................ 27
Measurement and Evaluation .............................................................................................. 28
Coordination of Resources .................................................................................................. 28
Figures
Figure 1. Map of the Democratic Republic of Congo................................................................. 19
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Tables
Table 1. Secretary Clinton’s $17 Million Pledge ........................................................................ 25
Table A-1. Selected Active Programs Targeting Sexual and Gender-Based Violence
(SGBV) in DRC..................................................................................................................... 30
Appendixes
Appendix. State Department and USAID Programs in DRC ...................................................... 30
Contacts
Author Contact Information ...................................................................................................... 32
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Recent Developments
Congressional Activities
The Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203) includes an
amendment on “conflict minerals” that references reported links between illicit mining activities
and high levels of sexual and gender-based violence in the Democratic Republic of Congo
(DRC). The amendment (Section 1502 of the Act) requires U.S.-listed companies whose products
are made from certain minerals associated with conflict areas in central Africa to annually
disclose to the Securities and Exchange Commission whether the minerals used in their products
were mined in Congo or a neighboring country. Among other provisions, it also requires the
Secretary of State and the Administrator of the U.S. Agency for International Development
(USAID) to develop and submit to Congress a strategy “to address the linkages between human
rights abuses, armed groups, mining of conflict minerals, and commercial products,” and requires
the U.S. Comptroller General to submit to Congress a report that includes “an assessment of the
rate of sexual- and gender-based violence in war-torn areas of the Democratic Republic of the
Congo and adjoining countries.”
Separately, the Supplemental Appropriations Act, 2010 (P.L. 111-212, Section 1012) allocated
$15 million in FY2010 Economic Support Fund (ESF) funds “for necessary expenses for
emergency security and humanitarian assistance for civilians, particularly women and girls, in the
eastern region of the Democratic Republic of the Congo.”
Walikale Mass Rapes
Between July 30 and August 2, 2010, an estimated 242 women were raped in a rebel attack on a
group of villages near the mining town of Walikale, in North Kivu province, eastern DRC. The
attackers were reportedly members of the Democratic Forces for the Liberation of Rwanda
(FDLR, after the group’s French acronym) and of a faction of the Mai-Mai, which refers to a
loose, uncoordinated network of militia fighters who broadly identify with “indigenous”
Congolese ethnic groups. Although sexual violence is a common feature of conflict in Congo,
United Nations (U.N.) and humanitarian officials said the attack was unusual for its size and for
the number of gang-rapes: one humanitarian worker who visited the area said that most women
“were raped by two to six men at a time.”1 No one was reported killed in the attack. The U.N.
special representative on the prevention of sexual violence in conflict stated that the victims were
deliberately assaulted in front of family members and others as part of a systematic attempt “to
put fear into society.”2
The incident drew widespread criticism of international stabilization efforts in Congo because it
occurred less than 20 miles from a forward operating base for U.N. peacekeepers, who reportedly
failed to protect villagers from the attack and said they only became aware of the incident a week
after the rapes took place. A U.N. official who carried out an investigation into the attack
concluded that at least 257 more women had been raped elsewhere in North and South Kivu
1 Josh Kron, “Rwandan Rebels Raped at Least 179 Women in Congo, Humanitarian Officials Say,” The New York
Times, August 23, 2010.
2 Agence France Presse (AFP), “DR Congo Militias Face War Crimes Charges Over Rape Spree,” August 31, 2010.
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provinces during the same approximate period.3 A U.N. Security Council presidential statement
instructed peacekeepers to improve their relations with vulnerable communities and urged the
Congolese government to prosecute the perpetrators and assist the victims.4 In October, a leader
in a militia faction known as the Mai Mai-Cheka was arrested in connection with the Walikale
rapes during a joint operation in the area by the Congolese military and U.N. peacekeepers. The
Congolese parliament also condemned the mass rapes and called for reform of the security and
justice sectors.5
Secretary of State Hillary Clinton condemned the Walikale attacks in a statement and added that
the United States “will do everything we can to work with the U.N. and the DRC government to
hold the perpetrators of these acts accountable, and to create a safe environment for women, girls,
and all civilians living in eastern Congo.”6 U.S. Ambassador to the United Nations Susan Rice
also condemned the attacks and noted that the attacks occurred despite U.N. peacekeeping patrols
in the affected area. Rice said the United States would press the U.N. peacekeeping mission to
enhance communication with rural communities.7
Overview
Civilians in Africa’s conflict zones—particularly women and children, but also men—are often
vulnerable to sexual violence, including rape, sexual assault, mutilation, forced prostitution,
sexual slavery, and other abuses.8 Some incidences appear to be opportunistic, the product of a
larger breakdown in the rule of law and social order that may occur amid conflict. In other cases,
sexual violence has also been employed by combatant groups as a strategic tool. Perpetrators may
include members of the security forces, rebel movements, militias, or other non-state armed
groups. In some cases, individuals at the highest levels of the state have been accused of ordering,
condoning, or tolerating such violence. There have also been instances where humanitarian and
peacekeeping workers have been accused of sexual abuse and exploitation.9
3 Neil MacFarquhar, “U.N. Officials Say 500 Were Victims of Congo Rapes,” The New York Times, September 7,
2010.
4 AFP, “Security Council Criticizes Congo Over Mass Rapes,” September 17, 2010.
5 La Prospérité, “Le Parliament Condamne Fermement les Viols Massifs au Pays,” October 11, 2010.
6 State Department, “Allegation of Mass Rape in the Democratic Republic of the Congo,” August 25, 2010.
7 U.S. Mission to the United Nations, “U.S. Ambassador to the U.N. Rice Delivers Remarks at U.N. Security Council
Stakeout on the Mass Rapes and Attacks in the Democratic Republic of the Congo,” August 26, 2010, via
Congressional Quarterly.
8 For the purposes of this report, “sexual violence” refers to the perpetration of an act or acts of a sexual nature via
force, the threat of force, or coercion, or by taking advantage of a person’s incapacity to give genuine consent. Abuses
do not exclusively affect women; men and boys are frequently targets. The broader term “gender-based violence”
(GBV) describes violence of any nature perpetrated against an individual, regardless of sex, because of his or her
gender. GBV is also broader than “violence against women” (VAW) because it can include violence perpetrated
against men and boys in addition to women and girls. For background, see CRS Report RL34438, International
Violence Against Women: U.S. Response and Policy Issues, coordinated by Luisa Blanchfield; and CRS Report
RL34518, United Nations System Efforts to Address Violence Against Women, by Luisa Blanchfield.
9 These have included conflict and post-conflict settings in West and Central Africa. The humanitarian community and
the Office of the United Nations Secretary-General have taken a number of steps to investigate and prevent such
abuses, as have individual U.N. peacekeeping missions. See U.N. Office for the Coordination of Humanitarian Affairs
(OCHA), “Protection from Sexual Exploitation and Abuse,” at http://ochaonline.un.org/HumanitarianIssues/
ProtectionfromSexualExploitationandAbuse/tabid/1204/language/en-US/Default.aspx. For further background, see
CRS Report RL33700, United Nations Peacekeeping: Issues for Congress, by Marjorie Ann Browne.
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The issue of sexual violence in conflict is far from confined to Sub-Saharan Africa (henceforth,
“Africa”), and it has not been a salient feature of all African conflicts.10 Sexual violence by
combatant groups in the former Yugoslavia in the 1990s, for example, drew widespread
international attention. Moreover, conflict settings are not necessarily those in which sexual abuse
is most prevalent.11 Sexual atrocities have nevertheless been a feature of many African conflicts
over the past two decades, including in active conflicts in Central African Republic (CAR), Chad,
Democratic Republic of Congo (DRC), Ethiopia, Nigeria, Somalia, and Sudan; and in recent
conflicts in Burundi, Congo-Brazzaville (Republic of Congo), Côte d’Ivoire, Liberia, Rwanda,
Sierra Leone, and northern Uganda. Such acts have been particularly prevalent in eastern DRC,
where security forces, rebel organizations, militias, and other armed groups have inflicted sexual
violence upon the civilian population on a massive scale.
This report focuses on conflicts in Africa in which sexual violence is reported to be widespread or
systematic.12 It describes the context in which such violence takes place, selected cases where it is
currently occurring, and U.S. policy responses. The report concludes with a discussion of
potential policy considerations, including the design and effectiveness of U.S. programs;
coordination between agencies and between international donors; and the question of whether
policy responses to sexual violence can be separated from the broader context in which such
violence occurs. The report includes a detailed case study of DRC, which has drawn particular
attention from the Obama Administration and the 111th Congress.
Measuring the Prevalence of Sexual Violence
Accurate information on the prevalence of sexual violence is difficult to obtain in any circumstances, as victims often
decline to report their experiences due to personal trauma, fear of reprisals, and societal stigma. Moreover, in many
African countries, law enforcement institutions, state investigatory entities, and provisions for the protection of
victims are near-absent, which inhibits accurate reporting. These difficulties are compounded in conflict settings by
general chaos and population displacements, safety fears, and a breakdown or lack of systems to col ect and report
information. Data from medical surveys and judicial investigations, information obtained through U.N. agencies and
programs, humanitarian and human rights organizations, research studies, and press reports may nevertheless indicate
where and in what context high levels of sexual violence are occurring.
Congressional Activities
In recent years, Congress has demonstrated an interest in drawing attention to sexual violence in
conflict zones, including through legislation, hearings, and other activities. Congressional interest
has encompassed the humanitarian, health-related, socio-economic, and security implications of
such violence, and ways in which U.S. and multilateral policies can respond to or prevent it. In
May 2009, the Senate Foreign Relations Committee held a hearing on “Confronting Rape and
Other Forms of Violence Against Women in Conflict Zones—Spotlight: DRC and Sudan.” The
10 See Elisabeth Jean Wood, “Variation in Sexual Violence During War,” Politics & Society 34, 3 (September 2006).
11 Sexual abuse may occur, for example, in the workplace, at school, among intimate partners, and within families,
among other settings. See, e.g., World Health Organization (WHO), Summary Report, WHO Multi-country Study on
Women’s Health and Domestic Violence against Women: Initial results on prevalence, health outcomes and women’s
responses, 2005.
12 The terms “widespread,” referring to the large-scale nature of the attack and the number of victims, and “systematic,”
referring to the organized nature of the acts of violence and the improbability of their random occurrence, have been
used by the United Nations and international tribunals in assessing whether sexual violence in conflict violates
international law (United Nations, Report of the Secretary-General Pursuant to Security Council Resolution 1820
(2008), U.N. document S/2009/362, July 15, 2009).
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House Foreign Affairs Committee and the Senate Foreign Relations Committee also held several
hearings in 2009 on the broader topic of international violence against women.
Two pieces of legislation that pertain to sexual violence in African conflict settings were passed
during the 111th Congress. These were the Lord’s Resistance Army Disarmament and Northern
Uganda Recovery Act of 2009 (P.L. 111-172) and the Dodd-Frank Wall Street Reform and
Consumer Protection Act (P.L. 111-203), which includes an amendment to regulate “conflict
minerals” that references reported links between illicit mining activities and high levels of sexual
and gender-based violence in DRC. In addition, several pieces of draft legislation were introduced
on the overlapping issues of international violence against women and sexual violence in conflict
zones. These include H.Res. 1676 (Carnahan); H.R. 5121 (Clarke); S. 2982 (Kerry); S. 2982
(Delahunt); H.Res. 931 (Carson); and H.J.Res. 10 (Jackson-Lee). Several pieces of Africa-
focused draft legislation also reference sexual violence in connection with specific countires,
including S.Res. 345 (Boxer), on Guinea; S. 3757 (Feingold), on Ethiopia; and H.Res. 1588
(Capuano), on Sudan.
In annual and supplemental appropriations legislation, the 111th Congress directed specific funds
to be used in addressing the issue of sexual violence in African conflict zones:
• The Supplemental Appropriations Act, 2010 (P.L. 111-212, Section 1012)
allocated $15 million in FY2010 Economic Support Fund (ESF) funds “for
necessary expenses for emergency security and humanitarian assistance for
civilians, particularly women and girls, in the eastern region of the Democratic
Republic of the Congo.”
• The Consolidated Appropriations Act, 2010 (P.L. 111-117) directed “not less
than” $10 million to address gender-based violence, including for fistula repair
and other assistance for victims, and training and support for health and law
enforcement personnel. The Act also states that funds for bilateral Development
Assistance, Economic Support Fund assistance, and International Narcotics
Control and Law Enforcement assistance “shall be made available for programs
to address sexual and gender-based violence” overseas, and that bilateral
economic assistance and international security assistance programs that provide
funding for foreign police, judicial, and military officials “shall address, where
appropriate, gender-based violence.”13 These provisions were carried over in the
Continuing Appropriations Act, 2011 (P.L. 111-242).
• The Supplemental Appropriations Act, 2009 (P.L. 111-32) provided $10 million
in Economic Support Funds (ESF) for “programs and activities to assist victims
of gender-based violence” in DRC.14 In an explanatory statement attached to the
Act, appropriators directed the State Department and USAID to report to
Congress on “programs addressing sexual and gender-based violence and how
these issues are being integrated into foreign police, judicial and military training
programs.”15
13 P.L. 111-117, Division H, Title VII, Section 7063, (a) and (b). The inclusion of content on gender-based violence in
foreign police, judicial, and military training was required in the Foreign Operations, Export-Financing, and Related
Programs Appropriations Act, 2006 (P.L. 109-102, Section 573), November 14, 2005; similar language has been
included in subsequent annual foreign operations appropriations legislation.
14 H.Rept. 111-151.
15 Explanatory statement submitted by Congressman David R. Obey, Chairman of the House Committee on
(continued...)
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Selected Cases and Context
Widespread sexual violence has been reported as a feature of several active conflicts in Africa.
Most prominent in scale are the conflicts in eastern DRC and the Darfur region of Sudan. In
DRC, which will be discussed in the “Case Study” section below, armed groups have committed
sexual atrocities on a massive scale during recurrent internal conflicts over the past two decades.
In Darfur, rape has reportedly been perpetrated by government and government-allied forces
since 2003 amid fighting between Sudanese security forces and allied pro-government militias
known as janjaweed, rebel groups, and other irregular forces. United Nations officials, advocacy
groups, news reports, and witness accounts allege that sexual violence has been systematically
employed in Darfur as a weapon of war and ethnic cleansing, part of a government
counterinsurgency strategy that has orchestrated mass violence against civilians. Similar
allegations were made against the Sudanese government in the context of the North-South civil
war, which officially ended in January 2005.16 According to advocacy groups, assistance for rape
survivors in Darfur was “largely eliminated” in March 2009, when Sudan expelled 13
international relief organizations operating in the region in response to the International Criminal
Court arrest warrant for Sudan’s president.17
Other active conflict zones where high levels of sexual violence have been reported include the
Central African Republic (CAR), Chad, eastern Ethiopia, southern Nigeria, and Somalia18:
• CAR has seen a proliferation of anti-government rebel movements—some of
which exercise territorial control in the north and northeast—as well as
community defense militias and organized criminal gangs. Sexual violence has
reportedly been committed by the security forces—especially the army,
presidential guard, and police—and non-state armed groups, as well as Chadian
troops stationed within CAR and other factions. According to the U.N. Office for
the Coordination of Humanitarian Affairs, over 15% of women and girls in
CAR’s violence-ridden North have been victims of sexual violence.19
(...continued)
Appropriations, “as if it were a joint explanatory statement of a committee of conference,” February 23, 2009. A report
was submitted by USAID and the State Department in early November 2009.
16 Reuters, “UN Says Rape is Systematic Weapon of War in Darfur,” June 21, 2005; HRW, Five Years On: No Justice
for Sexual Violence in Darfur, April 2008; State Department, 2009 Human Rights Report: Sudan; Physicians for
Human Rights, Nowhere to Turn: Failure to Protect, Support, and Assure Justice for Darfuri Women, May 2009;
United Nations, Report of the Panel of Experts … Concerning the Sudan, October 29, 2009, S/2009/562. For further
background, see CRS Report RL33574, Sudan: The Crisis in Darfur and Status of the North-South Peace Agreement,
by Ted Dagne.
17 Physicians for Human Rights, “Rights Groups Urge Clinton to Address Treatment of Rape Survivors in Sudan
Policy,” November 20, 2009. See CRS Report RL34665, International Criminal Court Cases in Africa: Status and
Policy Issues, by Alexis Arieff et al.
18 For further background, see the following CRS reports: CRS Report RS22798, Instability and Humanitarian
Conditions in Chad, by Lauren Ploch; CRS Report RL33964, Nigeria, by Lauren Ploch; CRS Report RL33911,
Somalia: Current Conditions and Prospects for a Lasting Peace, by Ted Dagne; and CRS Report RL33701, Uganda:
Current Conditions and the Crisis in North Uganda, by Ted Dagne.
19 U.N. News, “Thousands Fall Victim to Sexual Violence in Central African Republic—UN,” February 22, 2008;
State Department, 2009 Human Rights Report: Central African Republic; Human Rights Watch (HRW), State of
Anarchy: Rebellion and Abuses Against Civilians, September 2007.
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• In Chad, multiple rebel groups based largely in the east are challenging the
government’s rule. Chadian security forces—particularly the army, police, and
gendarmerie—have been accused of perpetrating sexual violence, along with
ethnic militias, bandits, and armed groups connected to the spillover of conflict
from neighboring Darfur. Rape and other forms of sexual violence are reportedly
pervasive in and around Darfuri refugee camps in eastern Chad.20
• In Ethiopia, according to human rights groups, systematic rape has been a feature
of the Ethiopian government’s counterinsurgency campaign since 2007 against
the Ogaden National Liberation Front (ONLF), a largely ethnic Somali rebel
group operating in the east. Ethiopian security forces have allegedly frequently
raped women detained on accusations of aiding the ONLF.21
• In Nigeria, state security forces deployed to the oil-producing Niger Delta region
have reportedly used rape to intimidate the local population and retaliate for
attacks on oil installations by militant groups. There have also been occasional
reports of rape by militant groups.22
• In Somalia, forces allied with the Transitional Federal Government (TFG) and
clan militias have been accused by human rights groups of perpetrating sexual
violence against civilian residents and displaced populations. During Ethiopia’s
occupation of south-central Somalia between mid-2006 and January 2009,
Ethiopian troops were also accused of sexual assault.23
• In northeast DRC, southeast CAR, and southern Sudan, sexual violence has been
carried out not only by domestic armed groups, but also by members of the
Lord’s Resistance Army (LRA), an insurgent group that originated in northern
Uganda over 20 years ago. LRA fighters have reportedly raped and mutilated
civilians and abducted boys and girls for sexual slavery.24
Context
Sexual violence has long been described as the “collateral damage” of fighting; its prevalence in
Africa is often seen as a by-product of internal conflicts involving irregular forces, which
frequently result in disproportionate civilian casualties.25 However, sexual violence is also often
20 State Department, 2009 Human Rights Report: Chad; Amnesty International (AI), ‘No Place for Us Here’: Violence
Against Refugee Women in Eastern Chad, September 2009
21 HRW, Collective Punishment: War Crimes and Crimes Against Humanity in the Ogaden Area of Ethiopia’s Somali
Region, June 2008; State Department, 2009 Human Rights Report: Ethiopia.
22 AI, Rape—The Silent Weapon, November 28, 2006; Emily Lenning and Sara Brightman, “Oil, Rape and State Crime
in Nigeria,” Critical Criminology, 2009.
23 AI, Routinely Targeted: Attacks on Civilians in Somalia, May 2008; HRW, ‘So Much to Fear’: War Crimes and the
Devastation of Somalia, December 2008; State Department: 2009 Human Rights Report: Somalia; IRIN, “Somalia:
Instead of a Safe Haven, Fear and Rape in Galkayo,” September 23, 2009.
24 See, e.g., HRW, The Christmas Massacres: LRA attacks on Civilians in Northern Congo, February 2009; IRIN,
“Central African Republic: The LRA - Not Finished Yet,” October 1, 2009; HRW, Trail of Death: LRA Atrocities in
Northeastern Congo, March 2010; Evelyn Matsamura Kiapi, “Fresh Concerns About Women in Captivity,” Inter-Press
Service, April 20, 2010.
25 E.g., Médecins Sans Frontières/Doctors Without Borders (MSF), Shattered Lives: Immediate Medical Care Vital for
Sexual Violence Victims, March 2009 (henceforth, MSF March 2009); Jeanne Ward and Mendy Marsh/U.N. Population
Fund (UNFPA), Sexual Violence Against Women and Girls in War and Its Aftermath: Realities, Responses, and
(continued...)
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deployed strategically by combatant groups. Sexual violence in conflict settings may be
employed as a “benefit” for victorious troops and commanders; a means of initiation and social
bonding between combatants; a punishment meted out to civilians associated with opposing
groups; a means of humiliating male opponents who were not able to protect “their” women; a
method of destroying communities and cultures associated with conflict opponents; and a means
of ethnic cleansing by impregnating women or forcing their displacement.26 In such cases, sexual
violence is often portrayed as a “weapon” or “tool of war.”
The incidence of sexual violence nevertheless varies significantly between conflicts and groups.
In many conflicts, sexual assault is employed simultaneously by multiple combatant
organizations and for different purposes; motivations may vary between units, individuals, and
settings within a larger war.27 In Sierra Leone’s 1992-2002 civil war, for example, in which the
majority of conflict-affected women and girls were reportedly subjected to rape, a study found
that combatants inflicted sexual violence on civilian populations both amid the anarchy of
fighting and as a tool of political intimidation.28
Opportunistic Violence
In conflict settings, sexual violence often occurs amid—and reinforces—a general breakdown in
the rule of law, social systems, and discipline within combatant groups. Sexual violence may be
more or less opportunistic and indiscriminate, as combatants experience a sense of impunity for
their actions. Indeed, rape in African conflict settings has frequently been associated with
combatant groups that lack an effective chain of command or disciplinary mechanisms, for
example in CAR, Chad, and DRC.29 Furthermore, women in conflict zones, due to their relative
lack of economic resources, may be particularly vulnerable to exploitation in order to meet
material needs. Situations in which sexual violence is widely perpetrated by combatant groups
often see a concurrent increase in sexual assault by civilians, due to the same breakdown in social
order as well as the normalization of sexual violence within conflict-affected communities.30
Rape and other forms of sexual assault may also be encouraged by commanders in the field as a
way of placating or “paying” their troops. Even without active encouragement, combatants who
do not regularly receive wages may view rape—like the looting of food and other goods from
local populations—as “justified” as part of their upkeep. Similar dynamics also sometimes lead to
the abduction of women and children as sexual slaves, a practice in which LRA fighters have
(...continued)
Required Resources, Briefing Paper prepared for Symposium on Sexual Violence in Conflict and Beyond, June 21-23,
2006, Belgium. The U.N. Development Fund for Women (UNIFEM) reports that “some 70 percent of the casualties in
recent conflicts have been non-combatants—most of them women and children.” UNIFEM, “Facts & Figures on
VAW.”
26 Michael Peel, ed., Rape as a Method of Torture, Medical Foundation for the Care of Victims of Torture, 2004; M.
Richters, “Sexual Violence in Wartime,” in Patrick J. Bracken and Celia Petty, eds., Rethinking the Trauma of War,
London: Save the Children Fund, 1998.
27 Wood 2006; Jocelyn Kelly, Rape in War: Motives of Militia in DRC, U.S. Institute of Peace (USIP) Special Report
243, June 2010.
28 Physicians for Human Rights, War-Related Sexual Violence in Sierra Leone: A Population-based Assessment, 2002.
29 E.g., HRW, Renewed Crisis in North Kivu, October 2007; State Department, “2008 Human Rights Report: Chad”;
HRW, State of Anarchy: Rebellion and Abuses against Civilians [CAR], September 2007.
30 Report of the Secretary-General Pursuant to Security Council Resolution 1820 (2008), U.N. document S/2009/362.
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reportedly frequently engaged, for example.31 Describing the high incidence of looting during
Liberia’s civil war, one account noted, “to judge from the frequency with which male fighters
committed rape or abducted women as concubines and servants, women were also included in the
category of consumer items ripe for plunder.”32
Sexual Violence as a Strategic Tool
In addition to opportunism, sexual violence may be “systematically employed for a variety of
purposes, including intimidation, humiliation, political terror, extracting information, rewarding
soldiers, and ‘ethnic cleansing.’”33 Indeed, in 2008, U.N. Security Council Resolution 1820
affirmed that the widespread and/or systematic perpetration of sexual violence can constitute a
war crime, a crime against humanity, or a constitutive act of genocide.34 In several ongoing
conflicts in Africa, notably those in DRC, Darfur, and Ethiopia’s Ogaden region, sexual violence
has reportedly been used by one or more conflict parties as a tool of war.35
For example, in DRC, both the military and non-state combatants have reportedly employed
sexual assault as a strategy to destroy or humiliate civilians perceived as sympathizing with their
opponents. In the Ogaden, the Ethiopian military has been accused of raping women accused of
supporting anti-government insurgents. Sexual violence is also sometimes carried out as
“revenge” for an armed assault carried out by opposing forces; instances of this have been
reported in the Niger Delta region of Nigeria as well as in the other conflicts cited.36 By
terrorizing or incapacitating women in rural areas, in particular, combatants may also seek to
deprive communities of food security and nutrition, as women are often responsible for food
gathering and cultivation. In some African conflicts, both active and recent, sexual violence such
as mutilation appears to have been carried out through methods seen as culturally and historically
resonant, in order to further terrify civilians and potential enemies.37
As a tool of ethnic cleansing or genocide, sexual violence may be used to spread terror among a
particular targeted group, disrupt its social structures, drive the group off its land, or preclude its
members from reproducing; sexual violence also sometimes precedes murder. In several African
conflicts, women have been made vulnerable by being portrayed as “symbolic bearers of their
cultural or ethnic identity, and as producers of future generations.”38 Sudanese security forces and
pro-government militia have repeatedly been accused of employing sexual violence as a tactic of
31 E.g., HRW, The Christmas Massacres: LRA attacks on Civilians in Northern Congo, February 2009.
32 Stephen Ellis, The Mask of Anarchy: The Destruction of Liberia and the Religious Dimension of an African Civil
War, New York University Press, 1999.
33 AI, Rape as a Tool of War: A Factsheet, August 25, 2005. For further background on this tactic, see Elisabeth Rehn
and Ellen Johnson Sirleaf/UNIFEM, Women, War, Peace: The Independent Experts’ Assessment on the Impact of
Armed Conflict on Women and Women’s Role in Peace-Building, 2002.
34 U.N. document S/RES/1820 (2008), June 19, 2008.
35 HRW, Renewed Crisis in North Kivu, October 2007; HRW, Soldiers Who Rape, Commanders Who Condone: Sexual
Violence and Military Reform in the Democratic Republic of Congo, July 2009; Harvard Humanitarian Initiative,
Characterizing Sexual Violence in the Democratic Republic of the Congo, August 2009; United Nations, Report of the
Panel of Experts … Concerning the Sudan, October 29, 2009, S/2009/562; HRW, Collective Punishment.
36 E.g., AI, Rape—The Silent Weapon; Lenning and Brightman, “Oil, Rape and State Crime in Nigeria.”
37 See Ellis, The Mask of Anarchy, op. cit.
38 International Committee of the Red Cross (ICRC), Addressing the Needs of Women Affected by Armed Conflict,
2004.
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ethnic cleansing in Darfur, eastern Chad, and previously in South Sudan.39 In Rwanda, systematic
rape was a feature of the 1994 genocide, fueled by longstanding propaganda efforts to paint Tutsi
women as “enemies of the state”; sexual violence by pro-government and Hutu nationalist forces
was later found to be “a step in the process of deconstruction of the Tutsi group” by the
International Criminal Tribunal for Rwanda.40 In these and other conflicts, sexual violence has
been interpreted as “a step in the process of group destruction.”41
Humanitarian and Post-Conflict Settings
While sexual violence is often most prevalent where active combat is taking place, it can also
spike in and near camps for internally displaced persons (IDPs) and refugees. This may be
because displaced women and girls are particularly vulnerable: they are often unaccompanied by
male relatives or community members, and protection en route to or within camps may be
limited. Displaced women and children are also often potential victims of human trafficking; this
has reportedly been the case, for example, in Somalia.42 Moreover, displaced populations, such as
Darfuris in eastern Chad, often rely on women and children foraging for firewood or other fuel,
which can put them at risk of assault by nearby armed groups.43
Countries transitioning from conflicts in which sexual violence was prevalent also often continue
to experience high levels of sexual violence. This could be due to shifts in social norms and the
weakening of rule of law during conflict, as well as the reintegration of former combatants into
society.44 High levels of sexual violence are reported in post-conflict settings in Burundi, Côte
d’Ivoire, Liberia, and Sierra Leone, for example.45 (These countries are post-conflict in a
relatively recent sense, and retain elements of political instability.)
Sexual Violence by Security Forces in Peacetime
Sexual violence has been perpetrated by the security forces of several African states as a tool of
political repression, outside the context of armed conflict. For example, in Guinea, members of
39 E.g. AI, Sudan, Darfur, Rape as a Weapon of War: Sexual violence and its consequences, 2004; Harvard Program on
Humanitarian Crises and Human Rights, The Use of Rape as a Weapon of War in the Conflict in Darfur, Sudan,
Prepared for USAID/OTI with the assistance of Physicians for Human Rights, October 2004; see also Darfur-related
cases opened by the International Criminal Court prosecutor, at http://www.icc-cpi.int/.
40 See Llezlie L. Green, “Gender Hate Propaganda and Sexual Violence in the Rwandan Genocide: An Argument for
Intersectionality in International Law,” Columbia Human Rights Law Review, Summer 2002; and Prosecutor V.
Akayesu, Judgment, No. ICTR-96-4-T, September 1998.
41 Report of the Secretary-General Pursuant to Security Council Resolution 1820 (2008), U.N. document S/2009/362.
42 See UNOCHA, Human Smuggling and Human Trafficking in Somalia, May 2, 2007.
43 E.g., AI, ‘No Place For Us Here’: Violence Against Refugee Women in Eastern Chad.
44 AI, Women in Post-Conflict Situations: A Fact Sheet, July 20, 2005; U.N. document S/2009/362.
45 See Nona Zicherman, “Addressing Sexual Violence in Post-Conflict Burundi,” Forced Migration Review, No. 27,
January 2007; AI, “Widespread Tolerance for Sexual Violence and Rape in Burundi,” October 9, 2007; HRW, ‘My
Heart is Cut’: Sexual Violence by Rebels and Pro-Government Forces in Côte d’Ivoire, August 2007; United Nations,
Twenty-Second Progress Report of the Secretary-General on the United Nations Operation in Côte d’Ivoire,
S/2009/495, September 29, 2009; ActionAid, UNMIL: International Engagement in Addressing Violence against
Women, March 2007; United Nations, Nineteenth Progress Report of the Secretary-General on the United Nations
Mission in Liberia, S/2009/411, August 10, 2009; Johannes John-Langba, HIV, Sexual Violence and Exploitation
During Post-Conflict Transitions: The Case of Sierra Leone,” Social Science Research Council working paper, 2008;
IRIN, “Sierra Leone: Sexual violence defies new law,” July 30, 2009.
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the security forces reportedly sexually assaulted dozens of women during a crackdown on
opposition demonstrators in late September 2009.46 In Kenya, sexual violence—including rape,
gang rape, and mutilation—was a feature of the violence that erupted in early 2008 following
disputed presidential elections. Subsequent investigations suggest that the violence in Kenya was
carried out by members of the government security forces as well as militias, humanitarian
workers, and other individuals, often on the basis of perceived ethnic or political affiliation, but
also opportunistically.47 In Zimbabwe, forces affiliated with the government have also been
accused of orchestrating sexual violence for political intimidation.48
Impact on Victims and Communities
Survivors of sexual violence often suffer from short-term and long-term consequences with
regard to their health, psychological well-being, and social integration. In addition to physical
injuries, potential health consequences include sexually transmitted diseases (including
HIV/AIDS), miscarriages, forced pregnancy, and traumatic fistula—debilitating tears in the tissue
of the vagina, bladder, and rectum.49 Access to treatment and follow-up care is particularly
challenging in African conflict settings, where facilities and trained staff are often insufficient,
located in places that are difficult for rural inhabitants to reach, or under threat from combatants.
The lingering health and reproductive effects of sexual assault can contribute to, and entrench,
victims’ social isolation. Researchers and advocates have reported extensively on family
rejections of, and societal stigma against, rape victims in African conflict settings.50 Survivors of
sexual violence are often shunned by spouses, their families, and their communities, as are the
children born to women who have been raped. Survivors often fear reprisals by the perpetrators of
abuse, who are rarely prosecuted.51 Individuals who attempt to report assaults may also face
reprisals from law enforcement or military forces; in some countries, a woman who has been
sexually assaulted can be prosecuted for adultery.52 In addition, societal upheaval and impunity
for perpetrators may reinforce norms in which rape and other forms of sexual abuse are tolerated.
Reports by humanitarian organizations suggest that male victims of sexual violence face
particular challenges. While men and boys are thought to make up a minority of sexual violence
victims in African conflicts, in some cases they have nonetheless been targeted for rape, sexual
46 E.g., UNOCHA, “Guinea Victims of Security Forces Crackdown: Situation Report No. 3,” October 18, 2009; HRW,
“Guinea: September 28 Massacre Was Premeditated,” October 27, 2009.
47 E.g., Kenya Human Rights Commission, Violating the Vote: A report of the 2007 general elections, September 15,
2008; Final Report from Kenya’s Commission of Inquiry into Post-Election Violence (“The Waki Commission”),
October 15, 2008, esp. pp. 252-260; U.N. Population Fund (UNFPA), “Sexual Violence Threatens Women and Girls in
Kenya’s Post-Election Crisis,” March 5, 2009.
48 E.g., IRIN, “Zimbabwe: Focus on Rape as a Political Weapon,” April 8, 2003; Alex Bell, “Zimbabwe: Soldiers
Involved in Rape and Other Sexual Violence on Farms,” SW Radio Africa (London), October 8, 2009; Aids-Free
World, Electing to Rape: Sexual Terror in Mugabe’s Zimbabwe, December 2009.
49 United Nations, In-Depth Study on All Forms of Violence Against Women: Report of the Secretary-General, U.N.
document A/61/122/Add.1, July 6, 2006, esp. pp. 47-49. See also CRS Report RS21773, Reproductive Health
Problems in the World: Obstetric Fistula: Background Information and Responses, by Tiaji Salaam-Blyther.
50 See, for example, LaShawn R. Jefferson, “In War as in Peace: Sexual Violence and Women’s Status,” in HRW,
World Report 2004; MSF March 2009; and others.
51 HRW, “US: Act to Prevent Rape in War,” May 13, 2009.
52 This is notably the case in Sudan; see e.g. Physicians for Human Rights in partnership with the Harvard
Humanitarian Initiative, Nowhere to Turn.
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torture, sexual slavery, sexual humiliation, and forced incest.53 Just as in cases affecting women,
societal stigma and legal impediments can act as barriers to assistance and treatment; indeed,
male victims may be even less likely to report sexual abuse than women.54
Challenges in Prevention and Response
Beyond the breakdown in social and political order that may occur in any warzone, African
conflicts present particular challenges to efforts to prevent and respond to sexual violence. These
stem from various factors, including the capacity and political will of African governments and
militaries to prosecute sexual crimes; the legal and societal status of women in many countries,
which may derive in turn from widespread poverty, illiteracy, and inadequate access to education;
and severe pre-existing gaps in the provision of health services. At the same time, African women
are not uniquely passive victims of conflict. Women have served in combatant groups in several
recent African conflicts, and are often engaged as politicians and activists.
Access to Health Services
In many African countries, domestic health services, particularly in rural areas, are severely
overstretched, under-resourced, or near-nonexistent even in the absence of disruption related to
conflict. Health clinics often lack sufficient trained personnel and supplies, including materials
for treating victims of sexual violence or testing for sexually-transmitted diseases. The difficulty
of accessing assistance—both emergency and long-term care—is further exacerbated in conflict
zones, where pre-existing health structures may have been uprooted, while humanitarian
organizations’ ability to operate may be threatened by logistical difficulties, threats from
combatant groups, and generalized insecurity. Women and girls may also hesitate to seek care for
sexual violence due to stigma; health clinics may not guarantee safety or confidentiality, further
reducing the likelihood that victims will seek care. Clinic workers rarely systematically collect
medical evidence of rape that can be used in judicial investigations and prosecutions.55 Conflict
further heightens economic insecurity, making paid health care a luxury for many.56
Law Enforcement
In conflict settings, human rights advocates argue, there is often insufficient will on the part of all
parties to reduce abuses; most recent African conflicts have been marked by frequent reported
violations of international humanitarian law. In addition, advocates contend that many African
countries lack sufficient domestic legal frameworks for the prosecution of sexual violence.57 Rape
may not be codified as a crime, and victims may have difficulty accessing the justice system;
instead, sexual violence is often seen as the domain of traditional or religious justice mechanisms.
Some countries do not include male victims in their legal definitions of sexual violence.58 In
53 Wynne Russell, “Sexual Violence Against Men and Boys,” Forced Migration Review, No. 27, January 2007.
54 World Health Organization (WHO), World Report on Violence and Health, 2002.
55 All Party Parliamentary Group on the Great Lakes Region of Africa & The Swedish Foundation for Human Rights,
Justice, Impunity, and Sexual Violence in Eastern Democratic Republic of Congo, November 2008.
56 ICRC, Addressing the Needs of Women Affected by Armed Conflict.
57 E.g., UNIFEM, Not a Minute More: Ending Violence Against Women, Appendix 1, 2003.
58 MSF March 2009.
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several states, laws concerning sexual violence are framed so as to be unfavorable to the victim.
For example, with regard to Darfur, according to Physicians for Human Rights,
Sudan’s laws concerning rape effectively prevent access to justice for rape victims. The law
as written defines rape as the Shari’a crime of adultery (zina)… If a woman who claims she
was raped is unable to prove that she did not consent to intercourse, she may be charged with
the crime of zina, which entails corporal punishment, because she has confessed to sexual
penetration outside of marriage. In addition to these serious evidentiary hurdles, members of
the military, security services, police, and border guards enjoy broad immunity for their
actions and permission to file a legal complaint against an alleged rapist in any of these
categories must be granted by the individual’s superior officer. Janjaweed [pro-government
Arab militias] are integrated into the Popular Defense Forces, which is also exempt from
prosecution.59
While some African governments, under pressure from donors and local civil society groups,
have recently passed new legislation specifically addressing sexual violence—such as Kenya,
Liberia, and DRC in 2006, and Sierra Leone in 2007—prosecutions are rare even in countries
with appropriate laws in place. In many countries, there are multiple sources of law and legal
interpretation, including the formal judicial system; religious laws; and traditional justice
mechanisms. Shortfalls in law enforcement and judicial capacity also represent significant
hurdles. Many African law enforcement systems lack sufficient financial resources for
investigations, judicial personnel with sufficient legal training, access to and knowledge of
existing legislation, and expertise in handling sexual violence cases. Obtaining medical
documentation of rape is challenging in many African countries, where healthcare systems are
often severely overstretched, particularly in conflict-affected areas. Moreover, judicial corruption
and political influence are common phenomena throughout the continent.60
Military Justice
In addition to perceived gaps in criminal and procedural laws, in many cases the military code of
justice either does not contain provisions prohibiting sexual assault, or is not strictly enforced by
commanders and military leaders. Military courts, like their civilian counterparts, generally lack
resources, facilities, and sufficient trained personnel, and may operate on an ad-hoc basis.
Insufficient or dysfunctional military justice systems can have an impact beyond military
institutions: in some countries, such as DRC, military courts have jurisdiction over various types
of crimes that may be committed by civilians, including certain forms of armed assault.61
Legal Status of Women
As in other regions, many African constitutions and statutes do not accord women equal rights
under the law, which can negatively affect women’s ability to inherit property, retain control of
assets following divorce, or bring legal suits against men. For example, family law in DRC
restricts management of property to male heads of household and prohibits married women from
59 Physicians for Human Rights in partnership with the Harvard Humanitarian Initiative, Nowhere to Turn: Failure to
Protect, Support, and Assure Justice for Darfuri Women, May 2009, Appendix E.
60 See, e.g., Freedom House “Freedom in the World” database of political and civil liberties, specifically “Rule of Law”
subscore, available at http://www.freedomhouse.org/template.cfm?page=1.
61 CRS interviews with experts on the DRC legal system, October-November 2009.
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initiating legal actions without their husbands’ authorization.62 In many cases, women’s inferior
legal status reflects wider phenomena of societal discrimination. While many African countries
have ratified international human rights treaties, African domestic courts often do not take these
agreements into consideration in their rulings.63
International Mechanisms
The international community has sought to address sexual violence in African conflicts through a
variety of mechanisms. Donor countries frequently provide financial and logistical assistance for
sexual violence programs, both on a bilateral basis and through multilateral humanitarian
organizations. The issue has also been taken up at various times by the U.N. Security Council,
both in sessions focusing on the issue of women, peace, and security, and in connection with
specific African countries on the Council’s agenda. U.N. agencies—such as UNIFEM, the U.N.
High Commissioner for Refugees (UNHCR), and the U.N. High Commissioner for Human
Rights (UNHCHR)—regularly report on sexual violence; they also oversee and implement a wide
variety of efforts on a global, national, or local level to address the issue.64 Other international
actors and inter-governmental entities engaged in the issue include NGOs, the World Health
Organization, the International Organization for Migration, the World Bank, and the European
Union. In addition, international courts and tribunals have been used to try combatants accused of
perpetrating sexual violence in some African conflicts.
Selected U.N. Activities
The U.N. Security Council has adopted at least three resolutions focused uniquely on sexual
violence in conflict.65 Most recently, Security Council Resolution 1888, adopted on September
30, 2009, requests that the U.N. Secretary-General appoint a Special Representative on the issue
and constitute a team of experts to work with governments to prevent and address it.66 Following
the resolution’s adoption, the Secretary-General called on the Security Council to set up an
independent commission of inquiry into sexual violence in the conflicts in Chad, Sudan and the
Democratic Republic of the Congo (DRC).67 Resolution 1888 was adopted after Security Council
Resolution 1325 (2000), which addresses the impact of war and conflict on women and highlights
the need for protection of women and girls from human rights abuses; and Security Council
62 African Association for the Defense of Human Rights/World Organization Against Torture, Violence Against Women
in the Democratic Republic of Congo (DRC): Alternative report prepared for the Committee on the Elimination of
Discrimination Against Women, August 7-25, 2006.
63 E.g., African Association for the Defence of Human Rights and World Organization Against Torture, Violence
Against Women in the Democratic Republic of Congo (DRC), Alternative report prepared for the Committee on the
Elimination of Discrimination Against Women, August 7-25, 2006.
64 E.g., United Nations, Inventory of United Nations System Activities to Prevent and Eliminate Violence Against
Women, September 2009. See CRS Report RL34518, United Nations System Efforts to Address Violence Against
Women, by Luisa Blanchfield.
65 For further discussion, see Security Council Report, Protection of Civilians in Armed Conflict, October 30, 2009.
66 U.N. document S/RES/1888 (2009); see, e.g., HRW, “New Post Will Focus UN Efforts on Halting Sexual Violence,”
September 30, 2009.
67 U.N. News, “Security Council Demands End to Conflict-Related Sexual Violence,” September 30, 2009.
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Resolution 1820 (2008), which demands “the immediate and complete cessation by all parties to
armed conflict of all acts of sexual violence against civilians with immediate effect.”68
The Security Council has also included provisions on the protection of civilians and the
promotion of human rights, including references to sexual and gender-based violence, in the
mandates of various peacekeeping missions in Africa, including those in DRC (MONUSCO),
Burundi (BINUB), Chad and CAR (MINURCAT), Côte d’Ivoire (UNOCI), Darfur (UNAMID),
and Liberia (UNMIL). Reports to the U.N. Security Council by the U.N. Secretary-General on
African conflict situations often include a discussion of sexual and gender-based violence.
Members of the U.N. Human Rights Council support the work of the U.N. Special Rapporteur on
Violence Against Women, its Causes and Consequences, who has undertaken a number of
missions to African conflict settings, including DRC and Darfur; in November 2008, the Council
held a special session on the situation of human rights in eastern DRC.69 In addition, 46 African
states are parties to the U.N. Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW).70 The U.N. Secretary-General and Department of Peacekeeping
Operations (DPKO) have also attempted to enforce standards and exert oversight to diminish the
reported incidence of sexual abuse and exploitation by U.N. peacekeeping troops.71
International Prosecutions
The recognition that sexual violence committed in wartime can be prosecuted under international
law is relatively recent.72 This legal interpretation has evolved along with international norms
prohibiting the abuse of civilians by parties to armed conflict. Notably, the 1949 Geneva
Conventions classify sexual assault as a violation of the law of war and designate combatant
groups as primarily responsible for preventing abuses.73 A number of individuals have faced
international prosecution for sexual violence committed during African conflicts. Cases have
taken place before country-specific special tribunals and before the International Criminal Court,
which came into existence in 2002. International judicial forums have focused, to date, on sexual
violence in connection with the Rwandan genocide (1994), the civil war in Sierra Leone (1992-
68 U.N. document S/RES/1325 (2000), October 31, 2000; and U.N. document S/RES/1820 (2008), June 19, 2008.
69 Statements, reports, and other documents from this session are available at http://www2.ohchr.org/english/bodies/
hrcouncil/specialsession/8/index.htm. Reports of the Special Rapporteur are available at http://www2.ohchr.org/
english/issues/women/rapporteur/visits.htm.
70 States parties to CEDAW, available at http://www.un.org/womenwatch/daw/cedaw/states.htm.
71 See CRS Report RL33700, United Nations Peacekeeping: Issues for Congress, by Marjorie Ann Browne, especially
“Prince Zeid Report (2005).”
72 Theodor Meron, “Rape as a Crime Under International Humanitarian Law,” American Journal of International Law,
87, 3 (July 1993).
73 The 1949 Conventions state that “women shall be especially protected against any attack on their honor, in particular
against rape, enforced prostitution, or any form of indecent assault.” Convention (IV) Relative to the Protection of
Civilian Persons in Time of War, Geneva, August 12, 1949. The Additional Protocols to the Geneva Conventions
Relating to the Protection of Victims in International Armed Conflicts (1977) contain similar prohibitions. The Geneva
Conventions and Additional Protocols do not expressly designate sexual violence as a “grave breach” of the law of
armed conflict, however. Some scholars view 1992 as a turning point in which international attention to widespread
sexual atrocities in the former Yugoslavia led to greater willingness to view rape as a prosecutable crime under
international humanitarian and human rights law (e.g. United Nations Division for the Advancement of Women,
Department of Economic and Social Affairs, Sexual Violence and Armed Conflict: United Nations Response, April
1998.)
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2002), the 2002-2003 conflict in CAR, the LRA insurgency in central Africa (1986-present), the
conflict in Darfur (2003-present), and the conflict in eastern DRC (1990s-present).
The statutes of both the International Criminal Tribunal for Rwanda (ICTR, established by the
U.N. Security Council in 1994), and the Special Court for Sierra Leone (SCSL, established in
2000 by agreement between the United Nations and the Government of Sierra Leone) qualify
systematic and widespread sexual violence as a war crime and crime against humanity.74 The
ICTR has prosecuted over 60 suspects on charges of sexual violence committed during the 1994
Rwandan genocide.75 The first suspect to be prosecuted for sexual violence before the ICTR was
a former mayor, Jean Paul Akayesu, who was tried in 1997 on accusations that he failed to
prevent sexual violence against displaced women who had sought refuge in the commune over
which he held authority, among other charges. The Akayesu prosecution, now considered to be a
landmark case in international law, was amended to include sexual violence following efforts by
advocacy groups to publicize the systematic perpetration of rape during the genocide.76 Crimes of
sexual violence have also been a component of all but one SCSL prosecution, including the cases
against leaders of the Armed Forces Revolutionary Council (AFRC) junta, against the
Revolutionary United Front (RUF) rebel group, and against former Liberian President Charles
Taylor, who is being tried on charges linking him to crimes committed by the RUF.77
The International Criminal Court (ICC) has sought to prosecute several cases pertaining to sexual
violence committed in the context of African conflicts.78 The statute of the ICC codifies and
asserts jurisdiction over serious crimes of sexual and gender-based violence, and the Court has
also worked to establish procedures for the proper treatment of victims and witnesses in such
cases.79 To date, ICC prosecutions have focused on CAR, the situation of the Lord’s Resistance
Army, and conflicts in Darfur and eastern DRC. Individuals sought by the Prosecutor for sexual
crimes (among other alleged offenses) are:
• Omar Hassan al-Bashir, the president of Sudan; and Ahmad Muhammad Harun
and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”), respectively a former
Sudanese Minister of State for the Interior and an alleged leader of the janjaweed
militia, for alleged crimes in Darfur;
74 Statute of the ICTR, pursuant to U.N. Security Council Resolution 955 (1994) of November 8, 1994, Articles 3 and
4; Statute of the Special Court for Sierra Leone, established pursuant to Security Council resolution 1315 (2000) of 14
August 2000, Articles 2 and 3. The ICTR has jurisdiction over crimes of sexual violence committed between January 1,
1994 and December 31, 1994 by persons in Rwandan territory or by Rwandan citizens in the territory of neighboring
states. The SCSL is mandated to try those who bear the greatest responsibility for serious violations of international
humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996.
75 Some have been accused of personally committing sexual violence; others, of encouraging or allowing the
perpetration of sexual violence by individuals under their command. Gaëlle Breton-Le Goff, “Analysis of Trends in
Sexual Violence Prosecutions in Indictments by the International Criminal Tribunal for Rwanda (ICTR) From
November 1995 to November 2002,” A Study of the McGill Doctoral Affiliates Working Group on International
Justice, Rwanda Section, On Behalf of the NGO Coalition for Women’s Human Rights in Conflict Situations,
November 28, 2002.
76 The Prosecutor Vs. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Decision of 2 September 1998.
77 Indictments available on the website of the SCSL, http://www.sc-sl.org.
78 See CRS Report RL34665, International Criminal Court Cases in Africa: Status and Policy Issues, by Alexis Arieff
et al..
79 “Elements of Crimes” of the International Criminal Court, adopted by the Assembly of States Parties and entered
into force on September 9, 2002, available at http://www.icc-cpi.int/.
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• Joseph Kony and four other commanders of the LRA, for alleged crimes in
northern Uganda;
• Jean-Pierre Bemba Gombo, a former Congolese rebel leader, Vice President, and
Senator, for alleged crimes in CAR;
• Germain Katanga and Mathieu Ngudjolo, both Congolese militia leaders, for
alleged crimes in Ituri district, eastern DRC; and
• Callixte Mbarushimana, a Rwandan national and alleged leader in exile of a
militia operating in eastern DRC.
U.S. Policy
The Obama Administration has sought to emphasize international women’s issues as a foreign
policy focus.80 State Department officials have repeatedly referred to sexual violence as a
“weapon of war” and an issue that requires U.S. attention.81 However, the full extent and
effectiveness of Administration policies addressing sexual violence, and the extent to which they
will focus on Africa and on conflict situations, remains to be seen. Secretary of State Hillary
Clinton has spearheaded the Administration’s efforts through multiple public statements, official
travel, writings, and actions at the United Nations. On September 30, 2009, Clinton chaired a
U.N. Security Council session on women, peace and security in armed conflict; the session
resulted in the unanimous passage of Security Council Resolution 1888, which pertains to sexual
violence in conflict situations. President Obama stated that the resolution reinforced the
importance his Administration places on issues of violence against women and children.82
Agency and Department Roles
USAID and the Department of State (DOS) are the primary U.S. government entities engaged in
programs responding to international sexual and gender-based violence. Within each, functional
and regional bureaus contribute to such programs, as do Embassy personnel and field staff. At
DOS, these include the Bureau of African Affairs; the Bureau of Democracy, Human Rights, and
Labor (DRL); the Bureau of International Narcotics and Law Enforcement Affairs (INL); the
Bureau of Political-Military Affairs (PM); the Bureau of Population, Refugees, and Migration
(PRM); the Office of the U.S. Global AIDS Coordinator; and the Office of Global Women’s
Issues (GWI). At USAID, these include the Africa Bureau; the Bureau of Global Health; the
Bureau of Economic Growth, Agriculture, and Trade (EGAT); and the Bureau of Democracy,
Conflict, and Humanitarian Assistance (DCHA). Other departments that support programs
include the Department of Defense (DOD) and Department of Justice (DOJ). However, most U.S.
entities do not consistently disaggregate efforts to address sexual violence in conflict settings
80 In March 2009, the Obama Administration established the Office of Global Women’s Issues (GWI), which
consolidated the Office of the Senior Advisor to the Secretary for Women’s Empowerment and the Office of
International Women’s Issues, both of which reported to the Undersecretary for Democracy and Global Affairs. GWI is
led by an Ambassador-at-Large, Melanne Verveer, who reports directly to the Secretary of State.
81 E.g., State Department news briefing by Ambassador-at-Large for Global Women’s Issues Melanne Verveer and
Ambassador-at-Large for War Crimes Issues Stephen Rapp, October 2, 2009.
82 Rachel Vogelstein/The White House, “Stopping Conflict-Related Sexual Violence Against Women and Children,”
October 2, 2009.
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from broader violence against women, women’s empowerment, refugee protection, and security
assistance efforts. This can make total funding and programming difficult to track.83
Types of Programs
The United States maintains a number of programs aimed at addressing and preventing sexual
violence in African conflict zones. Programs take many different approaches, ranging from the
direct provision of medical assistance to efforts to address long-term issues seen as causal factors.
In addition to bilateral assistance programs, the United States provides significant support to
multilateral organizations engaged in providing care to victims, ensuring the protection of
refugees and displaced persons, and managing aid focused on women and vulnerable populations.
This report’s case study on DRC and index of U.S. sexual violence programs there provide
examples of the range and context of U.S. assistance in this area (see Appendix). As the issue of
sexual violence in conflict zones is often rolled into larger humanitarian, security, governance,
and economic development programs, precise figures on the overall level of U.S. assistance
related to this issue are not available from the various participant agencies.
Programs aimed at responding to sexual violence often include the provision of medical and
psychological treatment or other forms of assistance to survivors or the funding or training of
health service providers and counselors. Care may include the treatment of sexually transmitted
diseases and medical conditions such as fistula. For example, USAID has provided funding to the
Panzi Hospital in South Kivu and Heal Africa Hospital in North Kivu, which specialize in treating
sexual violence victims in conflict-affected areas of eastern DRC. USAID has also supported
women’s health teams in rural Liberia, and PRM has funded programs to provide medical and
psychological assistance to sexual violence survivors in Ethiopia, Liberia, and Sudan.
Another area of assistance lies in protecting refugees and displaced populations that may be
particularly vulnerable to sexual violence. Toward this end, PRM supports the work of the U.N.
High Commissioner for Refugees (UNHCR) and the International Committee of the Red Cross
(ICRC) to protect women and other vulnerable community-members displaced by conflict. In
addition, DCHA funds an International Rescue Committee program promoting a coordinated
strategy aimed at protecting displaced women displaced by conflict or disasters from sexual
violence by addressing their need for cooking and heating fuel. Separately, anti-trafficking
programs have, in some cases, focused on African conflict settings. At least one active program,
overseen by PRM, aims to assist the victims of trafficking amid conflict in an African country;
the program provides protection, return, and reintegration assistance to Congolese IDPs who were
the trafficked by Ugandan military forces stationed within DRC during the 1998-2003 civil war.
Content on sexual and gender-based violence is also a component of U.S. foreign police, judicial,
and military training programs, in accordance with congressional directives contained in annual
appropriations legislation.84 These programs include International Military Education and
83 A report submitted to Congress in November 2009 in line with a directive contained in the Omnibus Appropriations
Act for 2009 (P.L. 111-8) includes narrative description of the role of various DOS and USAID entities in addressing
sexual and gender-based violence worldwide and in various settings. However, the report does not contain detailed
information on individual programs or cost (budgeting or outlays). DOS and USAID, Report on Sexual and Gender-
Based Violence Programs and the Integration of Sexual and Gender-Based Violence Issues into Foreign Police,
Judicial and Military Training Programs, submitted to the Committees on Appropriations on November 9, 2009
(henceforth, DOS and USAID Report 2009).
84 Most recently, the Consolidated Appropriations Act, 2010 (P.L. 111-117, Division F, Title VII, Section 7063 (b))
(continued...)
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Training (IMET), INL police training programs, and the Africa Contingency Operations Training
and Assistance Program (ACOTA), which, as part of the U.S. Global Peace Operations Initiative
(GPOI), aims to enhance the capabilities of African militaries to serve as peacekeepers.85 In a few
countries, notably DRC, training aimed at preventing sexual and gender-based violence has been
a core component of U.S. security sector reform assistance efforts.
In addition to providing assistance and training, some U.S. programs work to address underlying
issues that may contribute to high rates of sexual violence. In many cases, this entails providing
policy support to governments that wish to shore up legal protections against sexual violence.
Some programs focus on longer-term economic empowerment as a means to address women’s
socio-economic status (for example, through enhanced educational opportunities for girls) and
change attitudes toward sexual violence.86 Programs have included training for enhanced media
capacity to report on the issue and capacity-building programs for legal professionals and
advocates.87 For example, DRL funds a project in Chad to enhance citizens’ access to locally
developed and broadcasted news and information on gender-based violence and women’s rights
issues in remote communities. USAID’s economic growth activities support an initiative aimed at
increasing awareness of gender-based violence response and prevention programs among
conflict-affected populations in Liberia, Rwanda, southern Sudan, and Uganda through the use of
community media. The Women’s Justice and Empowerment Initiative (WJEI), a $55 million State
Department program aimed at improving legal rights for victims of gender-based violence,
initially focused on Benin, Kenya, South Africa, and Zambia, none of which are affected by
armed conflict; the program was expanded in 2010 to include DRC.88
(...continued)
provides that “Programs and activities funded under titles III and IV of this Act that provide training for foreign police,
judicial, and military officials shall address, where appropriate, gender-based violence.”
85 ACOTA provides Peace Support Operations training, including light infantry and small unit tactics, and focuses on
training African troops who can in turn train other African units. For further background, see CRS Report RL34003,
Africa Command: U.S. Strategic Interests and the Role of the U.S. Military in Africa, by Lauren Ploch.
86 CRS interview with USAID officials, October 2009.
87 The Women’s Justice and Empowerment Initiative (WJEI), a program initiated in 2005, attempts to raise awareness
of gender-based violence, strengthen the capacity of the legal system to prosecute perpetrators, and assist victims in
four African countries (Benin, Kenya, South Africa, and Zambia), but none that are directly affected by conflict.
88 The Obama Administration requested additional FY2011 ESF assistance funds in order to extend WJEI activities in
DRC. The program was initiated in 2005 with $55 million in designated funding; current funding is expected to be
expended in FY2011.
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Case Study: Democratic Republic of Congo (DRC)
Figure 1. Map of the Democratic Republic of Congo
Provinces and Ituri District
Source: CRS.
The following case study is included in this report due to the relative gravity of sexual abuse
perpetrated in DRC, and due to recent high levels of attention from U.S. policy-makers, including
within the Obama Administration and the 111th Congress. Active U.S. programs aimed at
addressing sexual violence in DRC (see Appendix) constitute a large share, in funding and
number, of U.S. policy efforts focusing on sexual violence in African conflicts.
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The Dynamics of Sexual Violence in DRC’s Conflicts
Rape and other forms of sexual violence have been a feature of conflict in DRC going back to at
least the civil war of the mid-1990s and subsequent regional war of 1998-2003.89 In the context of
recurring conflicts, state security forces, rebel groups, militias, and combatants from neighboring
countries have inflicted sexual violence upon DRC’s civilian population on a massive scale.90
U.N. officials have characterized sexual violence in DRC as the worst in the world, a “weapon of
terror,” and a war crime.91 The brutality of sexual violence is reportedly extreme: a recent study
by the Harvard Humanitarian Initiative noted that sexual violence in DRC “has features rarely
seen in peace-time, or indeed most wartime, settings including: forced incest; gang rape; rape in
public; rape with foreign objects, and urogenital mutilation.”92 Sexual violence survivors also
often witness the torture and murder of their children and spouses. The psycho-social and health
consequences, particularly for the rural populations of eastern DRC, have been devastating:
pregnancy, infertility and genital mutilation are common among survivors, as are fear, shame,
insomnia and nightmares. Rape is highly stigmatized, frequently resulting in spousal
abandonment, inability to marry, expulsion from the community, and homelessness.93
Sexual violence has spiraled in recent years. Though precise statistics are lacking, UNICEF
estimated in 2008 that “hundreds of thousands” of women and girls had been raped in DRC since
the mid-1990s.94 According to the U.N. Population Fund, over 17,500 cases of sexual and gender-
based violence were reported in 2009, up from 15,500 in 2008; these figures are still thought to
reflect under-reporting.95 Sexual violence has been reported in multiple regions, but it is
particularly prevalent in the conflict-ridden east, and especially in North and South Kivu, where
there is a long-running pattern of armed groups and state security forces committing brutal human
rights abuses against civilian populations. Doctors without Borders reports that sexual violence in
the Kivu provinces is “a problem of catastrophic proportions.”96
89 See HRW, The War Within the War: Sexual Violence Against Women and Girls in Eastern Congo, June 2002, which
reported on widespread sexual violence committed in the Kivus region by all parties to DRC’s 1998-2003 civil war.
90 For further background on DRC, see CRS Report R40108, The Democratic Republic of Congo: Background and
Current Developments, by Ted Dagne.
91 Stephanie McCrummen, “Prevalence of Rape in E. Congo Described as Worst in World,” The Washington Post,
September 9, 2007; Stephen Lewis, “Congo-Kinshasa: End Sexual Violence in Eastern Region,” AllAfrica.com,
September 13, 2007; U.N. News, “Sexual Violence Against Women in DR Congo Amounts to War Crime: UN
Expert,” October 26, 2007.
92 Harvard Humanitarian Initiative, Characterizing Sexual Violence in the Democratic Republic of the Congo, August
2009: 4.
93 Harvard Humanitarian Initiative and Oxfam International, “Now, the World is Without Me”: An investigation of
sexual violence in eastern Democratic Republic of Congo, April 2010.
94 UNICEF, “As DR Congo Crisis Persists, UN Classifies Rape as Weapon of War,” June 24, 2008. The U.N.
Secretary-General reported in July 2009 that UNICEF had documented over 200,000 rapes since 1996 (U.N. document
S/2009/362).
95 UNFPA statistics provided in UNHCR briefing to CRS, May 2010.
96 MSF, Shattered Lives: Immediate medical care vital for sexual violence victims, March 2009. While the Kivus are
seen as the epicenter of conflict in DRC, high levels of sexual violence have also been reported in other eastern regions,
such as Ituri District, where the disarmament of militias has been relatively successful. Congolese security forces have
also been accused of committing widespread sexual violence in Equateur, in the northwest. ICG, Congo: Four
Priorities For Sustainable Peace In Ituri, May 13, 2008; United Nations, Report of the Secretary-General on Children
and Armed Conflict in the Democratic Republic of the Congo, November 10, 2008; United Nations, Report of the
Special Rapporteur on violence against women, its causes and consequences, February 28, 2008, A/HRC/7/6/Add.4.
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The Congolese military, known as the FARDC (Forces Armées de la République Démocratique
du Congo), has largely failed to protect civilians in conflict zones, and indeed most reports state
that Congolese troops are among the largest perpetrators of violence against civilians, including
sexual violence, in conflict areas.97 Some FARDC abuses have reportedly been carried out by
former combatants of the CNDP (Congrès National pour la Défense du Peuple) rebel group, who
were integrated into the military in 2009 but have reportedly maintained unit cohesion and
command structure.98 The Congolese national police force (PNC) has also been accused of
committing widespread rape.99 Other groups implicated in widespread sexual violence include the
Lord’s Resistance Army (LRA), which originated in northern Uganda but is now based partly in
northeast DRC, and the FDLR (Forces Démocratiques pour la Libération du Rwanda), a group
based in eastern DRC and partly led by former participants in Rwanda’s 1994 genocide.100
Sexual assault is sometimes reportedly carried out as part of a coordinated armed attack in which
the intent appears to be “to terrorize communities into accepting their control or to punish them
for real or supposed links to opposing forces.”101 Individual fighters and groups of combatants
have also reportedly frequently engaged in opportunistic rape of women and girls, at times
concurrently with other apparent motives: Human Rights Watch reported in 2007 that in North
Kivu, “in some cases soldiers raped women as part of the punishment meted out to communities
believed hostile to their control… In other cases, soldiers raped women in the course of a theft or
looting property.”102 While women and girls are the primary targets of sexual violence, men and
boys have also been victims.103 Displaced persons have also been frequently targeted.104
The prevalence of sexual violence has been attributed to the eroded status of women, weak state
authority, a deeply flawed justice system, and a breakdown in community protection mechanisms.
Sexual violence by the military has also been linked to waves of integration of rebel organizations
into the military through successive peace accords, with little accompanying attention to military
discipline or the chain of command.105 Military troops are poorly paid, and troops deployed in
conflict areas are not provided adequate food or supplies, which is thought to encourage looting
and other abuses. While most sexual crimes are carried out by members of armed groups in
conflict zones, incidents of rape by civilians are also reportedly increasing, as rape may have
“become trivialized and has been increasingly perpetrated in zones of relative stability.”106
97 E.g., HRW, “DR Congo: Brutal Rapes by Rebels and Army,” April 8, 2009; HRW, Soldiers Who Rape, Commanders
Who Condone: Sexual Violence and Military Reform in the Democratic Republic of Congo, July 2009.
98 HRW, Soldiers Who Rape, Commanders Who Condone; CRS interviews.
99 E.g., Department of State, “2008 Human Rights Reports: Democratic Republic of Congo.”
100 HRW, The Christmas Massacres; International Crisis Group (ICG), Congo: Une Stratégie Globale pour Désarmer
les FDLR, July 2009.
101 HRW, Renewed Crisis in North Kivu, October 2007.
102 Ibid.
103 E.g., Médecins Sans Frontières (MSF), Ituri: Civilians Still the First Victims, October 2007.
104 E.g., United Nations, Twenty-sixth report of the Secretary-General on the United Nations Organization Mission in
the Democratic Republic of the Congo, July 3, 2008.
105 HRW, Renewed Crisis in North Kivu; HRW, Soldiers Who Rape, Commanders Who Condone; CRS interviews.
106 Fédération Internationale des Droits de l’Homme (FIDH), Democratic Republic of Congo (DRC): Breaking The
Cycle Of Impunity, March 26, 2008. See also United Nations, Report of the Secretary-General on Children and Armed
Conflict in the Democratic Republic of the Congo, November 10, 2008.
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Since 2009, the FARDC has led a military campaign aimed at forcibly disarming the FDLR in the
Kivu provinces. This operation has received logistical and tactical support from the U.N.
peacekeeping mission in DRC, as authorized under the mission’s mandate (see “U.N.
Peacekeeping Activities,” below). Rights advocates assert that the operation resulted in a spike in
violence against civilians, including at least 7,000 rapes, and that abuses are reportedly carried
out by both the FARDC and FDLR fighters, “who are deliberately targeting civilians to punish
them for their government’s decision to launch military operations against the group.”107
DRC Government Responses
Observers report that impunity is the norm for perpetrators of sexual crimes in DRC.108 Still, the
Congolese government has taken several steps to combat sexual violence in recent years. In 2006,
the government passed new laws aimed at protecting victims and facilitating the prosecution of
sexual crimes.109 In mid-2009, the Congolese military announced a “zero-tolerance” policy
toward rape, and has reportedly initiated several prosecutions, some of which have resulted in
convictions.110 According to the United Nations, the national police force (PNC) is “leading the
establishment of sexual violence special units within PNC and is assisting to coordinate… the
training of those units.”111 The Ministry of Justice has also reportedly adopted a road map
developed with the support of the United Nations, which, among other efforts, establishes a
standard medical certificate for victims of sexual violence.112
Reports suggest that these efforts, however, have been limited and insufficiently implemented
overall: prosecutions remain the exception, there are no provisions for victim or witness
protection, and sentences are generally minimal and rarely enforced.113 According to the U.N.
Secretary-General, “there appears to be a lack of will to investigate and prosecute high-level
military and other officials who have allegedly committed sexual violence.”114
U.N. Peacekeeping Activities
The U.N. peacekeeping mission in DRC, MONUSCO (formerly, MONUC), which has been in
DRC since 1999, included 22,016 total uniformed personnel as of July 2010, including 19,815
military personnel, of which the majority are based in North and South Kivu. MONUSCO’s most
107 Congo Advocacy Coalition, “DR Congo: Civilian Cost of Military Operation is Unacceptable,” October 12, 2009.
108 E.g., Department of State, “2008 Human Rights Reports: Democratic Republic of Congo”; AI, “Democratic
Republic Of The Congo - AI Report 2008.”
109 Loi n° 06/018 du 20 Juillet 2006 Modifiant et Complétant le Décret du 30 Janvier 1940 Portant Code Pénal
Congolais, and Loi n° 06/019 du 20 Juillet 2006 Modifiant et Complétant le Décret du 06 Août 1959 Portant Code de
Procédure Pénale Congolais, Le Journal Officiel de la République Démocratique du Congo, August 1, 2006.
110 HRW, “Congo-Kinshasa: Stopping Rape As a Weapon of War,” September 18, 2009. In December 2009, the U.N.
Security Council approved a resolution that “urges the Government of the Democratic Republic of the Congo to ensure
the full implementation of its ‘zero-tolerance policy’ with respect to discipline and human rights violations, including
sexual and gender-based violence, committed by elements of the Armed Forces of the Democratic Republic of the
Congo (FARDC)” [S/RES/1906(2009)].
111 Report of the Secretary-General Pursuant to Security Council Resolution 1820 (2008), U.N. document S/2009/362.
112 United Nations, Fourth Special Report of the Secretary-General on the United Nations Organization Mission in the
Democratic Republic of the Congo, November 21, 2008.
113 MONUC, Briefing Materials, Public Information Division, August 2009.
114 Report of the Secretary-General Pursuant to Security Council Resolution 1820 (2008), U.N. document S/2009/362.
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recent mandate renewal, in May 2010, places the highest priority on the protection of civilians.
The peacekeeping mission is also mandated to monitor human rights issues and to support the
Congolese government in implementing its “zero tolerance” policy toward human rights abuses
by military personnel, including by assisting military justice officials in prosecuting abuse
perpetrators.115 Since 2009, U.N. agencies and MONUSCO have developed a “comprehensive
strategy” to combat sexual violence in DRC, which has been endorsed by the DRC
government.116 It is structured around four pillars: (a) combating impunity; (b) prevention and
protection; (c) security sector reform; and (d) multi-sectoral response for survivors. Each pillar
has a U.N. lead agency and Congolese government counterpart. The Congolese Ministry of
Gender is the lead partner.117
Despite these efforts, U.N. peacekeepers have come under criticism for allegedly failing to
protect civilians, and for providing military and logistical support to Congolese military units that
have reportedly engaged in widespread abuses of civilians, including sexual violence, though a
new practice of conditioning such support on respect for human rights was announced in late
2009.118 Some have argued that peacekeepers should cease support for all FARDC operations in
light of ongoing FARDC abuses; others have called for U.N. operations that would directly
interdict FARDC attacks on civilians.119 In early November 2009, the U.N. mission announced it
would withdraw support for FARDC units accused of deliberately killing 62 civilians in one
publicized incident.120 At the same time, while acknowledging “moral and practical dilemmas,”
U.N. peacekeeping officials maintain that withdrawal of all U.N. support for the FARDC would
lead to even greater civilian suffering.121
Abuses by U.N. Peacekeepers
Starting in 2003, peacekeepers serving under the MONUC/MONUSCO have been periodically
accused of sexual exploitation and abuse of women and children.122 Such behavior is a violation
of the U.N. code of conduct; troop contributing countries hold the responsibility to prosecute their
nationals for alleged abuse while serving under U.N. peacekeeping missions.123 Despite various
U.N. efforts, including the declaration in 2005 of a “zero tolerance” policy toward sexual
exploitation and abuse, investigations by outside groups and U.N. internal oversight entities
115 U.N. document S/RES/1925 (2010). The mandate also authorizes MONUSCO to assist in the disarmament and
demobilization of foreign-origin and Congolese armed groups and to support Congolese security sector reform, among
other provisions.
116 Report of the Secretary-General Pursuant to Security Council Resolution 1820 (2008), U.N. document S/2009/362.
117 Office of the Senior Sexual Violence Advisor and Coordinator, MONUC, Comprehensive Strategy on Combating
Sexual Violence in DRC, March 18, 2009; CRS briefing by UNHCR officials, May 2010.
118 MONUC’s 2009 mandate renewal stated that “support of MONUC to FARDC-led military operations against
foreign and Congolese armed groups is strictly conditioned on FARDC’s compliance with international humanitarian,
human rights and refugee law.” U.N. document S/RES/1906 (2009).
119 E.g., HRW, “Eastern DR Congo: Surge in Army Atrocities, UN Peacekeeping Force Knowingly Supports Abusive
Military Operations,” November 2, 2009; CRS interviews with DRC experts, October-November 2009.
120 Stephanie McCrummen, “Congolese Army Units Lose U.N. Aid,” The Washington Post, November 3, 2009.
121 Reuters, “U.N. Congo Head Says Must Back Army, Despite Abuse,” November 11, 2009.
122 E.g., U.N. News, “Annan Vows to End Sex Abuse Committed by UN Mission Staff in DR of Congo,” November
19, 2004; Marc Lacey, “In Congo War, Even Peacekeepers Add to Horror,” The New York Times, December 18, 2004;
UN News, “Peacekeepers’ Sexual Abuse of Local Girls Continuing in DR of Congo, UN Finds,” January 7, 2005.
123 For further discussion, see CRS Report RL33700, United Nations Peacekeeping: Issues for Congress, by Marjorie
Ann Browne.
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indicate that abuses by peacekeeping personnel are ongoing.124 Human Rights Watch contended
in 2008 that “serious allegations of illegal behavior by UN peacekeepers in Congo have been
ignored, minimized, or shelved, and that there is rarely accountability for the crimes that are
acknowledged.”125 MONUSCO has sought to prevent such abuses through awareness training for
personnel, field assessment visits, monitoring, and investigations.126
U.S. Policy Responses
The State Department characterizes DRC as a “priority focus” for U.S. efforts to prevent and
respond to violence against women and girls.127 In August 2009, Secretary of State Clinton
traveled to the city of Goma in eastern DRC, where she met with rape survivors, medical
providers, health care activists, and displaced Congolese. In a speech at a hospital that often treats
rape victims, Clinton stated, “The United States condemns these attacks and all those who
commit them and abet them. And we say to the world that those who attack civilian populations
using systematic rape are guilty of crimes against humanity.”128 The Secretary also announced
$17 million in “new funding” to assist women in areas including North and South Kivu.129 The
funds comprised an existing $7 million contract for the International Rescue Committee along
with $10 million in funding designated in the Supplemental Appropriations Act, 2009 [P.L. 111-
32], passed two months earlier, in June 2009 (Table 1).130
The Secretary’s pledge added to the nearly $100 million budgeted for other active USAID and
State Department programs aimed in part or in whole at addressing sexual and gender-based
violence in DRC (see Appendix). According to USAID, its programs have provided care and
treatment services for over 100,000 sexual and gender-based violence survivors since 2002. U.S.
programs in DRC include the provision of health assistance and counseling; programs aimed at
refugee and displaced persons protection; policy support at the national level; police and military
training efforts; and contributions to multilateral organizations responding to sexual violence. In
May 2010, the President’s Emergency Plan for AIDS Relief program (PEPFAR) committed an
additional $30 million to support DRC and two other African countries (Mozambique and
Tanzania) in scaling up gender-based violence prevention and response efforts.131
In addition to State Department and USAID programs in DRC, the Defense Department’s Africa
Command (AFRICOM) has overseen training on military justice, human rights law, and the law
of armed conflict, since mid-2009. According to AFRICOM’s then-Commander Gen. William
124 Louis Charbonneau, “Peacekeepers May Have Committed Sex Abuse in Congo – UN,” Reuters, August 12, 2008;
MONUC, “MONUC Demands Urgent Investigations on Allegations of Bad Conduct,” December 24, 2008. According
to the U.N. Office of Internal Oversight Services (OIOS), 32 allegations of sexual exploitation and abuse were reported
against MONUC between January and July 2009.
125 HRW, “UN: Tackle Wrongdoing by Peacekeepers,” April 30, 2008.
126 MONUC, Briefing Materials, Public Information Division, August 2009.
127 Department of State, “Combating Violence,” April 2010.
128 Kelly Daniel, “United States Pledges $17 Million to Aid Rape Survivors in DRC,” August 12, 2009.
129 Department of State, “United States Pledges $17 Million to Aid Rape Survivors in DRC – Clinton condemns rape
attacks in the Democratic Republic of Congo,” August 12, 2009.
130 H.Rept. 111-151 on P.L. 111-32 provided $10 million in Economic Support Fund (ESF) funding “for programs and
activities to assist victims of gender-based violence in the DRC.”
131 Department of State, “PEPFAR Launches Increased Commitment to Scale up Gender-Based Violence Approaches,”
May 5, 2010.
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“Kip” Ward, one of the three U.S. objectives for a February-September 2010 program to train and
equip a model FARDC light infantry battalion was to “reduce sexual and gender-based violence
by the military.”132 AFRICOM incorporated SGBV training into the training and equipping of the
battalion; it is also refurbishing a clinic in eastern DRC that will assist in treating sexual violence
survivors and seeking opportunities for other civil-military projects focused on such aid.133
The Defense Institute of International Legal Studies (DIILS), a DOD joint military service
activity, has conducted a military justice assistance project in DRC since 2008. The program,
funded through State Department accounts with logistical assistance from the U.N. mission in
DRC, has provided training for military justice professionals on the investigation and prosecution
of sexual crimes, as well as training on sexual and gender-based violence for FARDC
commanders, participants in MONUSCO’s security sector reform training program, and FARDC
personnel participating in other programs sponsored by the U.S. government.
Table 1. Secretary Clinton’s $17 Million Pledge
(as of July 2010)
Department/Agency Project
Implementer
Budget
USAID “ESPOIR:
Ending
Sexual
International Rescue
$7 million
Violence by Promoting
Committee (IRC)
Opportunities and
Individual Rights,” North &
South Kivu provinces.
USAID
Extension of existing
UNICEF $1
million
project to provide medical,
psychosocial, and socio-
economic assistance to
former child soldiers in
Ituri, many of whom are
affected by sexual and
gender-based violence.
USAID Provision
of
financial,
EngenderHealth $1
million
material, and technical
support for fistula repair
and prevention services at
Panzi and Heal Africa
hospitals in eastern DRC.
USAID
Care and Treatment
Not yet obligated
$6.5 million
USAID
Prevention
Not yet obligated
$1.5 million
TOTAL:
$17
million
Source: Information provided by USAID and the State Department.
132 AFRICOM, “TRANSCRIPT: AFRICOM's Ward Testifies Before Senate Armed Services Committee,” March 9,
2010. The train and equip program is implemented by contractors and financed with approximately $35 million in State
Department Peacekeeping Operations (PKO) funding; in addition, AFRICOM has 28 personnel on the ground to
oversee the training.
133 AFRICOM, “Africa Command Supporting U.S. Government Initiative in the Democratic Republic of the Congo,”
August 19, 2009; U.S. Army Europe, “AFRICOM Posture Statement: General Ward Reports Annual Testimony to
Congress,” March 9, 2010; John Vandiver, “GIs Retrain Congo Troops Known for Being Violent,” Stars and Stripes,
May 2, 2010.
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Congressional Actions
As mentioned above (see “Congressional Activities”), Congress has directed executive branch
agencies to allocate funds toward addressing sexual and gender-based violence in DRC.
Individual Members of Congress have also urged increased U.S. policy attention. For example,
following a Senate hearing on sexual violence in DRC and Sudan, in May 2009, three Senators
sent a letter to Secretary Clinton asking that the U.S. government create a plan to train and deploy
sufficient numbers of Congolese surgeons to treat victims of sexual violence, and calling for a
U.S. initiative to help recruit and train all-female police units to help protect and respond to
victims of sexual violence.134
Outlook and Issues for Congress
Many observers have praised the Obama Administration for its attention to the issue of sexual
violence in African conflicts. Secretary of State Clinton’s visit to Goma, for example, was lauded
by human rights advocates and humanitarian organizations. At the same time, a number of
concerns have been raised regarding the coordination, scale, and effectiveness of U.S. programs.
Some have also questioned whether post-conflict (or “peaceful”) settings where sexual violence
levels are equally high receive sufficient attention and funding.
An overriding concern, as with many foreign assistance issues, is whether partner nations share
U.S. priorities over the scale of the problem and the choice of programs and policies to counter it.
Perceived gaps in political will, including a refusal among some governments to acknowledge
rule-of-law shortcomings or recognize that state entities—such as the military and police—play a
role in the perpetration of sexual violence may negatively impact the success of bilateral
assistance programs.
Strategy and Emphasis
In some ways, debates over program design and approach highlight this issue’s multi-faceted
nature, which includes diverse elements related to judicial impunity, military professionalism,
human security, and women’s socio-economic status. The emphasis of U.S. efforts to combat
sexual violence in African conflicts has also evolved over time. In many instances, U.S. programs
have centered around the provision of health assistance to survivors, and support to multilateral
entities that provide protection to vulnerable displaced and refugee populations. However, in
recent years, some policy-makers have come to see sexual violence in conflict as a security issue,
and one that requires a security-oriented response; this has led to a growing interest in
incorporating sexual violence issues into foreign military and police training, and on promoting
the roles of women in peace processes. At the same time, the policy response to sexual violence
may, in some instances, focus on the justice sector, or on long-term economic development and
the socio-political empowerment of women. Some argue that donor interventions should focus
attention on policy and legal advising for partner government actors.
134 Office of U.S. Senator Barbara Boxer, “Boxer Praises Secretary Clinton’s Efforts to Help End Sexual Violence in
Congo,” August 12, 2009.
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In turn, these policy evolutions have sparked debates over whether to focus assistance efforts on
the direct provision of care, or on long-term support to domestic institutions, the direct results of
which may be difficult to ascertain. Some maintain that sexual violence in conflict zones cannot
be disaggregated from wider security trends, and that policy efforts to prevent violence should
therefore be primarily aimed at providing security on the ground for all civilians.135 Others argue
that policies should emphasize long-range attempts to address shortfalls in the health sector and
the perceived societal underpinnings of sexual violence.136 Some further maintain that policies
are, at times, designed with little input from local communities, and emphasize solutions that may
not be feasible in impoverished, conflict-affected regions of Africa.
Training Programs
Concerns have also been raised with regard to training programs, including those aimed at
enhancing military professionalism and building capacity to prosecute sexual violence. In some
cases, for example, insufficient infrastructure and expertise on the part of partner agencies and
individual recipients of training may inhibit their ability to implement new practices. Moreover,
training programs for foreign military and law enforcement personnel often last only a few days
or weeks, and may not address underlying problems such as massive gaps in capacity and
expertise, insufficient salaries and resources, or an inept or non-existent chain of command. Many
conflict-torn African countries lack sufficient numbers of courtrooms and trained personnel,
including judges, prosecutors, and investigators, to staff them; many also lack prisons or barracks
in which to intern those convicted of sexual crimes. Enhanced police professionalism may not be
effective in the face of a weak or corrupt judiciary. It is difficult to evaluate the impact of training
programs; many agencies rely on the metric of how many individuals received training, rather
than attempting to measure the holistic results or benefit of such training.
The Role of U.N. Peacekeeping Missions
The mass rapes in mid-2010 in the Walikale region of DRC caused many analysts and policy-
makers to reiterate concerns over the role of U.N. peacekeeping missions in preventing sexual
violence. This debate is situated within a larger inter-agency and international discussion over
civilian protection in the context of multilateral peacekeeping operations, which increasingly take
place in intra-state conflicts marked by high levels of human rights atrocities.137 While many
advocates have urged troop contributors and commanders to integrate strategies for civilian
protection into their activities, some argue that peacekeeping mandates and doctrine often do not
provide sufficient guidance and prioritization.138 Moreover, advocates argue that peacekeeping
135 For example, Africa advocate John Prendergast testified before the Senate Foreign Relations Committee in May
2009 that “measures to deal with rape as a weapon of war in isolation will fail and fail miserably. If we truly want to
end this scourge we must move from managing conflict symptoms to ending the conflicts themselves.”
136 Speaking of DRC, the U.N. Special Rapporteur on violence against women argued in 2008 that “if the sexual
violence associated with war is addressed in isolation, gender-based discrimination and violence endured by women in
‘peace’ will be grossly neglected.” United Nations, Report of the Special Rapporteur on violence against women, its
causes and consequences, Yakin Ertürk, February 28, 2008, U.N. document A/HRC/7/6/Add.4: 2.
137 See, e.g., Refugees International, Greater Expectations: UN Peacekeeping & Civilian Protection, July 2009; Paul D.
Williams, Enhancing Civilian Protection in Peace Operations: Insights from Africa, Africa Center for Strategic
Studies, September 2010.
138 In the case of the U.N. peacekeeping mission in DRC, MONUSCO, the mission’s mandate from the U.N. Security
Council places the highest priority on the protection of civilians. However, even in this instance, advocates contend that
(continued...)
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missions often lack sufficient trained personnel, access to intelligence data and analysis, and
“enabling assets” such as road and air transport vehicles, to effectively ensure civilian protection.
Critics contend that as multi-national entities with competing policy interests, peacekeeping
missions are ill-equipped to shoulder responsibility for the protection of civilians in war-torn,
impoverished states.
In DRC, this debate has been further influenced by the fact that the U.N. peacekeeping mission—
MONUSCO—is mandated to support and assist Congolese military troops in counter-insurgency
operations. The goal of this mandate is ostensibly to build capacity among Congolese troops
while also directly carrying out missions to forcibly disarm and demobilize foreign-origin armed
groups operating in eastern Congo, as called for under Congo’s peace process. However, U.N.
support for the military is controversial because Congolese troops are reportedly among the top
perpetrators of abuses, including sexual assault. As noted above (see “U.N. Peacekeeping
Activities”), some have argued that peacekeepers should cease support for all military operations
in light of ongoing abuses, while others have called for U.N. operations that would directly
interdict military attacks on civilians; U.N. peacekeeping officials maintain that withdrawal of all
U.N. support for Congolese forces would lead to even greater civilian suffering.139
Measurement and Evaluation
Few reliable statistics exist on sexual violence in most African conflicts, and data collection is not
a component of most U.S. programs. Furthermore, little is known about the effectiveness of
individual programs in reducing the scale of violence. Given necessarily limited resources, it is a
matter of debate whether sexual violence programs should budget funding for data collection or
monitoring and evaluation efforts. Some argue that better information is needed on the prevalence
and context of sexual assault in order to inform policy decisions, and that better evaluation would
allow for the establishment of best practices. Others counter that budgeting funds for data
collection can reduce the amount of money available for programs themselves.
Coordination of Resources
Many critics allege that U.S. policy responses to address sexual and gender-based violence lack
strategic focus and coordination. Some attribute this to the fact that there is no lead agency or
foreign operations budgetary line item for sexual and gender-based violence programs; such
programs are often funded through accounts such as Economic Support Funds (ESF),
Peacekeeping Operations (PKO), International Narcotics Control and Law Enforcement
(INCLE), Section 1207 authority, earmarked funds, and other sources, which may inhibit long-
term planning. The U.S. response to sexual violence in African conflicts tends to be fragmented
among many different agencies and implementers, often with reportedly little collaboration,
cooperation, or coordination in design or implementation. The health sector is also often treated
separately from the security sector, in lieu of an integrated approach.140
(...continued)
peacekeepers have not been given adequate doctrinal guidance or resources to carry out this aspect of their mandate.
139 Reuters, “U.N. Congo Head Says Must Back Army, Despite Abuse,” November 11, 2009.
140 See U.S. Institute of Peace, The Health Sector and Gender-Based Violence in a Time of War, April 28, 2010.
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Some humanitarian advocates maintain that U.S. resources would be most effective if channeled
into multilateral efforts, such as those led by U.N. agencies and programs, which may have broad
expertise in Africa and the ability to coordinate assistance from various sources. Opponents
emphasize that U.N. agencies may not act with the same efficiency as other potential
implementers, and that U.N. activities may not always align with U.S. priorities.
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Appendix. State Department and USAID Programs
in DRC
This table provides an overview of the types and scale of programs to address sexual violence in
African conflicts. Active U.S. programs aimed at addressing sexual violence in DRC constitute a
large share, in funding and number, of all U.S. policy efforts focusing on sexual violence in
African conflicts.
Table A-1. Selected Active Programs Targeting Sexual and Gender-Based Violence
(SGBV) in DRC
(as of October 2009)
Department/Agency Program
Title Location Implementer Funding
USAID/Social Protection
Psychosocial
Ituri District/
Cooperazione
$4.95 million
support and
Orientale
Internazionale
(December 2008-
reintegration of
Province; Maniema (COOPI)
December 2011)
survivors of SGBV
Province
in eastern DRC
USAID/Social Protection
Ending Sexual
North and South
International
$7 million
Violence by
Kivu Provinces
Rescue Committee (September 2009-
Promoting
(IRC)
September 2012)
Opportunities and
Individual Rights
(ESPOIR)
USAID/Social Protection
Assistance and
Ituri District/
UNICEF (with
$3.26 million (July
reintegration of
Orientale Province COOPI)
2006-January
abducted girls and
2012)
boys and other
gender-based
violence (GBV)
survivors
USAID/Democracy and
Increasing access
South Kivu;
Global Rights
$1.25 million
Governance
to equitable justice national-level
(April 2008-June
and ending sexual
policy and
2010)
violence in Congo
advocacy
USAID/Democracy and
Increasing access
South Kivu,
Avocats Sans
$1.11 million
Governance
to justice for
Maniema, Equateur Frontières
(September 2008-
vulnerable
Provinces
September 2010)
populations
USAID/Democracy and
Promoting and
Kinshasa; South
DPK Consulting
$13.5 million
Governance
strengthening
Kivu, Katanga,
(September 2008-
justice
Bandundu,
September 2011)
Maniema Provinces
USAID/Democracy and
Using media
Nationwide Search
for $3.34 million
Governance
outreach to
Common Ground
(September 2007-
support
September 2010)
democracy and
governance
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Department/Agency Program
Title Location Implementer Funding
USAID/Health Fistula
Care—
North and South
Engender Health
$2.72 million
Support to Panzi
Kivu
(FY2009-2010)
Hospital and
Health Africa
Hospital
USAID/Health
Project AXxes
Kasai Orientale,
Interchurch
$59.97 million for
Kasai Occidentale,
Medical Assistance
a broad-based
South Kivu,
(with Catholic
health service
Katanga
Relief Services and
provision program,
World Vision)
including care for
sexual violence
survivors in
conflict-affected
areas (September
2006-September
2010)
USAID/Health Primary
health
Kasai Occidentale
Leadership,
$10.7 million
care program
and Orientale
Management and
(FY2009-2010)
Sustainability
Program,
Management
Sciences for
Health (MSH)
USAID/Foreign Disaster
Emergency health
North Kivu
IRC
$3.31 million, of
Assistance
projects for IDPs
which $721,000 is
and SGBV
focused on SGBV
survivors
(November 2007-
December 2009)
USAID/Foreign Disaster
Emergency health
North and South
International
$5.93 million, of
Assistance
projects for IDPs
Kivu
Medical Corps
which $559,000 is
and SGBV
for SGBV
survivors
(February 2008-
December 2009)
USAID/Foreign Disaster
Emergency health
North Kivu
Merlin
$5.42 million, of
Assistance
projects for IDPs
which $366,000 is
and SGBV
for SGBV (January
survivors
2008-July 2010)
DOS/DRL and INL
Stem GBV and end North Kivu
American Bar
$1.56 million
impunity in DRC
Association
(October 2007-
September 2011)
DOS/DRL Developing
local
North Kivu
American Bar
$1.3 million
capacity to
Association
(September 2009-
investigate cases of
September 2010)
mass violence and
gender-based
violence in North
Kivu
DOS/DRL Promoting
human
Kinshasa Journalists
for
$838,000
rights, media, and
Human Rights
(October 2007-
governance in the
September 2010)
DRC
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Sexual Violence in African Conflicts
Department/Agency Program
Title Location Implementer Funding
DOS/African Affairs
Sex crimes
Kinshasa and
Defense Institute
$3.5 million
investigation
provincial capitals
of International
(January 2009-
training for judicial
Legal Studies
September 2011)
police inspectors
(DIILS)
and prosecuting
magistrates of the
armed forces of
the DRC
DOS/INL Police
recruitment
Ituri District/
Not yet obligated
$2.93 million in
and training on
Orientale Province
FY2009 Section
protection issues
1207 funds
DOS/PRM Refugee
Nationwide U.N.
High $23.1 million in
repatriation and
Commissioner for
FY2009, of which a
IDP protection and
Refugees
portion is for
assistance
(UNHCR)
SGBV prevention
and response
DOS/PRM Refugee
assistance
Nationwide
International
$12.4 million in
Committee of the
FY2009, a portion
Red Cross (ICRC)
of which is SGBV
prevention and
response
DOS/PRM Preventative
and
South Kivu
International
$1.5 million in
curative health
Medical Corps
FY2008; $1.27
services and GBV
million in FY2009
program
DOS/PRM Media
and
South Kivu
Search for
$471,000 in
community
Common Ground
FY2009
outreach for
prevention and
response to GBV
DOS/PRM
Life skills and
South Kivu
Women for
$392,000 in
vocational training
Women
FY2009
for GBV victims
International
and men’s
leadership training
Source: USAID, State Department, Defense Institute of International Legal Studies (DIILS).
Author Contact Information
Alexis Arieff
Analyst in African Affairs
aarieff@crs.loc.gov, 7-2459
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