The Issue of Justice

Military Courthouse in Minova

A major objective of this blog is to highlight women as more than just people victimized by sexual violence.  It is to point out their creativity, individuality and humanity.  However, this entry will focus more on the environment in which they exude these qualities than the women themselves.  The question is, 'how can justice be served, if there is no place to serve it?'

Impunity.  It is a common theme which runs throughout the discussion on violations against women in the DRC.  The 'exemption from punishment' that is pervasive in a country that struggles to meet its end of the social contract.  Impunity is discussed often with regard to the DRC, and there is a general awareness that it is the absence of governance systems which causes it.  But there is little understanding of what must be fixed specifically in order to meet this call for ending impunity for violent perpetrators.  I, myself, am new to certain discoveries, which have spurred my interest in investigating this topic further.

Below is an excerpt from the Special Report of the Secretary-General on the Democratic Republic of the Congo and the Great Lakes region. It was a shocking discovery for me, which is why I'd like to share it here:

23. The prison system is characterized by inhuman conditions of detention, including lack of medical facilities and severe overcrowding. Very few prisons have an allocated budget for operational costs, and detainees regularly face malnutrition and lack of health services. Security installations are rudimentary, contributing to high rates of escape. Some 95 per cent of personnel working in correctional facilities are self-appointed and there is no training institution for prison personnel. No formal or practical coordination exists among the Ministries of Justice and Human Rights, Defence and the Interior, which are together responsible for the corrections sector. Of approximately 18,000 inmates in correctional facilities in the Democratic Republic of the Congo, at least 70 per cent are held in pretrial detention. Only one military prison is currently operational. MONUSCO and the United Nations Development Programme (UNDP) will continue to work closely with the Government to finalize a joint initiative aimed at addressing the penitentiary situation and establish a minimum level of sustainable State authority and control in the conflict affected areas in eastern Democratic Republic of the Congo through the deployment of trained and equipped police and judicial and corrections officials. The United Nations will also continue to ensure compliance with prison system standards and practices and assist the national authorities with the development of mechanisms designed to combat illegal and prolonged detention and improve prison conditions.

Only one military prison is currently operational! Some 95 per cent of personnel working in correctional facilities are self-appointed!? I'm not even sure what 'self-appointed' means, but I know it is concerning in terms of quality control and prisoner's rights.  The thing is--until reading this--I had never even thought about prisons in the DRC or the role they play in impunity.  Prisons are an integral part of the justice system, and although I think they are highly over-used in most countries in the world (some in particular), their presence is necessary.  Without the existence of a reliable prison system, the threat of justice is just that, a threat.  Because even if an individual is sentenced, if there is no physical location for them to do their time, it is highly unlikely that justice will be served.  The reason this plays such an integral part in the dialogue on women's agency is because it seems counter-intuitive to seek justice if it guaranteed to be inadequate--or even worse--pose a greater threat in the future.  As highlighted in other entries of this blog, a surprising percentage of the sexual violence occurring in the DRC is domestic--perpetrated by individuals the victim knows or is somehow associated with.  If this is the case--and there are no prisons to keep the violated party safe in the future--then the costs of seeking justice may far outweigh the benefits.

So what is the way forward from here? One option could be to focus energy and resources into (re)establishing a reliable prison system.  This would include not only updating the physical structures (which likely existed in abundance under the dictatorship of Mobutu), but adequately staffing the prisons and providing them with training.  The DRC has some abysmal rates of unemployment, and this could be a way of providing jobs and a sense of purpose for men and women alike.  I think the prisons are a part of the answer, but I don't think they are all of it.

Justice is an arbitrary term.  Although there are certain standards which have now been accepted nearly universally, it still remains highly individualized.  Something I've heard more and more about researching in the DRC is this idea on reconciliation.  The idea first crossed my radar when I was traveling in South Africa.  It took me some time to understand that their Truth and Reconciliation Commission was a form of justice in itself.  I think one of the important aspects of justice is that it allows the person who was wronged to break the past's hold on them so that they can live in the present and the future.  Putting someone in jail may do this.  But reconciliation--in whatever form that takes--may also be a way of doing this.  Recently I heard a woman from Mali speaking about the atrocities which are occurring there.  And rather than emphasizing retribution, she said all they really wanted to do was learn how to live together again.  I think this is important for the international community to realize when directing their efforts.  Justice is as much about fostering the re-establishments of communities as it is about making someone pay.  So I'll end it on this. I think the DRC needs a much stronger prison system if there is ever going to be a real fight against impunity.  I also think that this form of justice should go hand-in-hand with resourcing local programs that allow those individuals affected to piece back their lives, their community, in whatever way they see best.  Maybe it's mediation, maybe it's a truth and reconciliation committee. Whatever it is, the effort should recognize and appreciate the strength and ability inherent  in survivors.  

Rape: A Discussion on Power and Freedom

This entry begins in response to the BBC news clip entitled,"DR Congo soldiers 'ordered to rape' women."  It's a powerful and upsetting clip discussing the rapes which occurred on November 22, 2012, in Minova, following the M23 takeover of Goma.  Confirmation of this event can be found here at the United Nations News Centre. The clip essentially depicts its title: 'support' for rape being ordered by commanders within the Congolese national army (FARDC).  When the link is first opened, it contains a warning that the video contains disturbing images; I think instead it should warn of disturbing ideas.

The video is full of infuriating and heart-breaking accounts, both by victims of rape and the rapists themselves.  However, beyond the automatic, visceral response that many will undoubtedly have here, there is an underlying need to account for how this happened.  The information that BBC provides draws the conclusion that the rapes were ordered, top-down, by officials within FARDC.  They reach these conclusions through selected interviews they present on camera.  (The methodology of this is questioned below.)  The implications of this are that, by law, these individuals bear more weight for the repercussions of these actions. But my question is, ultimately, should this change anything? Because rape was ordered, does this mean then that the soldier perpetrators hold no personal responsibility?  Does it mean that those who suffered at the hands of the perpetrators do not deserve equal justice on all counts?  I think this is exemplified by the statement made at minute 4:09 in the video by an admitted rapist.  He affirms that unless they catch his superior, he cannot admit to anything "because he [the Commander] is the one who ordered" the rape.  However, the soldier then admits: "Raping gave us a lot of pleasure.  When we raped, we felt free." Unbelievable.  Beyond being among the most disturbing statements I have ever heard, I think this admission unearths something far more intrinsic to the conflict than merely 'following orders.'

For me, the statement, "When we raped, we felt free," reflects a power dichotomy.  He admits there was pleasure involved, but I'd venture to say the pleasure extended beyond the physical.  This sentence implies the pleasure was derived from the feeling of freedom as well.  The sick irony of this is that his freedom required her imprisonment.  I do not imagine that any of the women who spoke in this video--or those not pictured here--will soon forget the wicked invasion of their bodies.  For them it is also more than the physical.  They are the ones who are trapped now, all so this faceless soldier could feel "free."  To me it does not sound like this is the work of 'orders,' but of one person using another person as a means to an ends.  And I think it could be used to understand underlying power structures which exist in Congolese society.  However, the statement of one individual is not sufficient to justify claims on a societal structure, or really any other claim for that matter.  

This is precisely the argument made by scholars Maria Eriksson Baaz, an Associate Professor at the Nordic Africa Institute and the School of Global Studies, Gothenburg University, and Judith Verweijen, a PhD Candidate at the Centre for Conflict Studies at Utrecht University and the Faculty of Military Sciences at the Netherlands Defense Academy.  They offer what I think is a critical and necessary response to this BBC clip.  Posted on Jason Stearns' blog site, Congo Siasa, they basically call into question the validity of BBC's statement that the rapes were ordered from a higher command.  In doing this, they are not questioning whether or not the rapes occurred, but are rather critiquing the methodology of the news crew in reaching such conclusions.  They assert that the "soldiers’ narratives, no matter how much induced by the camera (and perhaps the expected or real related fee), are one perspective, one possible truth among many, and they should be valued as such."  They also point out that the "soldiers’ narratives appear somewhat contradictory to the analysis of the context made by a human rights researcher at the beginning of the reportage." These points indicate weaknesses in the BBC methodology, and I think it is essential to uncover these because sensationalist headlines can often be taken as truth.  Should it be the case that the rapes were ordered by top commanders, than none of them should go unpunished.  However, the approach for prosecuting these individuals would likely be far different than the approach for prosecuting officers who raped of their own 'free will,' so to speak.  I think the proper investigation into why these rapes occurred is critical in order to understand how to prosecute and prevent them in the future.  

Unfortunately--whether ordered or not--what I've come across in my readings on violence against women in the DRC is that it there are societal structures in place which feed into the power relations between men and women and increase the prevalence of sexual violence.  Studies show that rape occurs at elevated rates not only by armed forces (rebel and DRC official), but by acquaintances and family as well.  Witnessed through high levels of intimate partner sexual violence (IPSV),(1) there is an implication for “relations of power,”(2) which lean toward a highly patriarchal society.  The Congolese Females Action for Promoting their Rights (COFAPRI) themselves state that “there is a strong patriarchal oppression of women… and daughters are openly and repeatedly living discrimination and gender inequality in the country.”(3)  And according to the Women's International League for Peace and Freedom (WILPF), the “statistics [on sexual violence]… illustrate the numerous abuses committed by men against women because of the dominant position conferred to men by the society and the inferior status of women in the DRC.”(4).

(1) Peterman, Amber, Tia Palermo, and Caryn Bredenkamp.  “Estimates and Determinants of Sexual Violence Against Women in the Democratic Republic of Congo.” American Journal of Public Health,  Vol. 101, No. 6. Jun 2011. 
(2) Ticktin, Miriam. “The Gendered Human of Humanitarianism: Medicalising and Politicising Sexual Violence.” Gender and History, Vol. 23, No. 2. August, 2011.
(3) Theophile, Mugisho Ndabuli. “Women - The Eternal Land Beggars of DR Congo: Men Inherit Widows, While Widows Inherit Nothing.” Safe World for Women. Accessed 27 November 2013. <http://www.asafeworldforwomen.org/partners-in-africa/partners-in-drc/cofapri/cofapri-blogs/2952-eternal-land-beggars.html>
(4) Mbambi, Annie Matundu. “Gender Inequality and Social Institutions in the D.R. Congo.” WILPF. 2010. Accessed 27 Nov 2013. <http://www.peacewomen.org/assets/file/Resources/NGO/hrinst_genderinequalityinthedrc_wilpf_december2010english.pdf>

IRC's 'Women in Congo: Visionaries not victims'

IRC's 'Women in Congo: Visionaries not victims'

I can not imagine a better first submission for this blog than this presentation by the International Rescue Committee. With full acknowledgement that the goal of the video may very well be to persuade future funders, I think it gives great insight and perspective into the situation in the Kivus, in addition to demonstrating the exemplary work the IRC is doing there.  Aisha Bain, IRC's Women's Protection and Empowerment Advocacy Officer and the main speaker throughout the presentation, not only addresses the atrocities occurring in the region, but makes a point to highlight what she calls 'beauty' there as well.  I appreciate Ms. Bain's recount of her time in the DRC because, while she acknowledges the conflict there as 'chronic, complex and deep-rooted,' the first thing she recalls are the Congolese people.  She speaks about their 'incredible strength, their courage, their generosity, their resilience and their humanity.'  These are attributes often overlooked when discussing the conflict in the DRC, and I commend Ms. Bain for addressing these characteristics first.  Of course, she goes on to describe a supremely dismal situation, highlighting the challenges that face women specifically: sexual and physical violence faced looking for firewood; staving off their needs to provide for their family (ie. having only one set of clothes which they must wash and put on wet, which then can lead to infection); standing in a river all day for lack of resources during menstruation; survival sex as a means to feed their families; and early and forced marriages to name but a few.

Ms. Bain describes violence against women and girls as "severe, wide-spread, and well-documented," and makes a point to emphasize that this is not just sexual violence they face, it comes in many forms.  In particular, she stresses that the violence women face is not only as media portrays it, coming from armed groups, but can often be at the hands of people they know.  This is a growing theme in the literature on violence against women, especially in conflict zones, and presents important implications for national and international policy addressing violence against women.  Rather than ending the conversation there, which is what most reports do, Ms. Bain continues it by sharing photos.  However, the photos she shares are not those of sadness and despair, but of women who have known the misery of conflict and still find reason to celebrate.  I think this statement she shared by one Congolese woman is poignant: 'I don't wake up in the morning and call myself a victim.'  The assertions continued: 'I am a teacher,' 'I am a farmer,' 'I am a mother and a wife.'  I think these statements encompass what I hope to portray in this blog, that women in the DRC are first and foremost capable individuals and agents for change.  

In fact, now is a perfect time to discuss why I will be using the term 'agency' rather than 'empowerment.'  Though I understand the well-meaning behind the term empowerment, I think there is an implication that without outside assistance, the person in question is powerless.  Though I'm sure this is not the intention of those who use it, it seems to be inherent in the term, and I do not think that is the case.  I think these women that Ms. Bain introduces us to are the perfect example of how an outside organization can effectively demonstrate and make public the power these women have.  The IRC is showcasing their power, not bestowing it upon them.  This is why, throughout this blog, you will hear me use the term agency far more than I use empowerment.  For me, agency implies that the women's power and ability is inherent, regardless of whether outsiders are there to witness or capitalize on it.  Though the IRC uses the term empowerment, I understand their definition of it through work such as this, and to me that is synonymous with agency.