Eighty-seventh session

Geneva, 29 January–16 February 2024

Item 4 of the provisional agenda

Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women

List of issues and questions prior to the submission of the report of the Democratic Republic of the Congo under the exceptional reporting procedure

The State party is requested to include in its exceptional report information on the following issues:

Concerning the political response

1.In the run-up to the presidential, legislative and municipal elections scheduled for 20 December 2023, the President of the Democratic Republic of the Congo, Félix-Antoine Tshisekedi Tshilombo, announced the withdrawal of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) in December 2023, including during his address to the General Assembly on 20 September 2023 and during his state of the nation address on 14 November 2023. In that regard:

(a)What political and operational decisions has the Government of the Democratic Republic of the Congo taken to ensure that the civilian population is protected against sexual violence and other related human rights violations perpetrated by the parties to the ongoing conflict in eastern Democratic Republic of the Congo, in particular after the departure of MONUSCO? What measures have been put in place to ensure the security and protection of civilians in the provinces where MONUSCO has already completed its withdrawal?

(b)How does the Government of the Democratic Republic of the Congo intend to prevent electoral and post-electoral violence, including sexual violence to which civilians may be exposed?

(c)What is the current status of implementation of the action plans of the Armed Forces of the Democratic Republic of the Congo and the Congolese National Police on preventing and combating sexual violence in the Democratic Republic of the Congo? What are the remaining challenges?

(d)What progress has been made on appointing the high-level technical team responsible for updating and implementing the national road map on preventing and responding to conflict-related sexual violence, in line with the 2013 Joint Communiqué and the 2019 Addendum thereto?

2.What measures have been taken by the Government at the central and provincial levels to:

(a)Prevent sexual violence perpetrated against civilians fleeing the conflicts in eastern Democratic Republic of the Congo?

(b)Put an end to the upsurge in sexual violence perpetrated by the parties to conflict against displaced populations in and around the camps for internally displaced persons, following multiple warnings regarding the situation issued by local and national actors, humanitarian actors, the United Nations and the international community since April 2023?

3.Can you provide information on the impact of the decision to ease the state of siege, announced by the President on 12 October 2023, including the impact on the security and humanitarian situation of the civilian population in general and on that of victims and survivors of sexual violence living in the camps for internally displaced persons around Goma in particular?

4.Can you provide information on the current status of prevention of and response to sexual violence in the context of ongoing regional efforts for peace and security in eastern Democratic Republic of the Congo, including the Nairobi and Luanda peace processes and the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region?

Concerning the security and humanitarian situation

5.What measures have been taken by the Government at the central and provincial levels to:

(a)Strengthen the security of the camps for internally displaced persons and limit the circulation and proliferation of light weapons in and around the camps, including in the context of the gradual withdrawal of MONUSCO?

(b)Increase the number and size of additional plots of land granted to ease the crowding in the camps for internally displaced persons, given that the number of internally displaced persons reached 6 million in October 2023?

(c)Document the number of cases of sexual violence, including rape, perpetrated or allegedly perpetrated by State agents and the “Wazalendo” self-defence groups from 1 April 2023 to the date of submission of the exceptional report?

(d)Document the “maisons de tolérance” (brothels), the number of such places that have been closed down and the measures taken to prevent and penalize their proliferation from 1 April 2023 to the date of submission of the exceptional report?

(e)Strengthen humanitarian aid, in order to limit women and girls’ exposure to sexual violence when carrying out livelihood activities?

(f)Set up a sufficient number of health facilities to care for victims of sexual violence in North Kivu Province and increase victims’ access to emergency care, including post-exposure prophylaxis kits, during the crucial 72-hour post-rape period, in order to prevent a sharp rise in rape-related pregnancies?

(g)Strengthen the capacity of service providers to provide holistic care to victims of sexual violence, including sexual and reproductive health services and psychosocial and legal services, while abiding at all times by the principles of safety, confidentiality and informed consent?

Concerning the judicial response and the fight against impunity

6.The status of and progress made in the investigation into the sexual violence perpetrated in the camps for internally displaced persons in and around Goma, including the judicial acts performed, the number of arrest warrants issued and the number of hearings held, as well as the challenges encountered, while upholding the principles of confidentiality and secrecy of inquiry and investigation proceedings.

7.The number of investigations, arrests, arrest warrants, convictions and sentences handed down or disciplinary measures taken against perpetrators of sexual violence, including State agents, who have been found guilty of these crimes.

8.The measures put in place to ensure access to justice for victims of conflict-related sexual violence, including the establishment of legal clinics and police stations around camps for internally displaced persons, and the number of victims received.

9.The screening and vetting procedures put in place in the context of the recent Act No. 23/014 of 22 May 2023 on the establishment of the armed defence reserve in the Democratic Republic of the Congo, the number of members of the armed defence reserve and the number of screening and vetting procedures carried out.

10.The progress made by the commission of inquiry on the abuses allegedly committed by units of the Armed Forces of the Democratic Republic of the Congo at the Kwamouth and Goma sites, which was set up pursuant to two orders signed by the Deputy Prime Minister and Minister of Defence and Veterans on 17 April 2023.

11.Since its establishment in August 2023, the national reparations fund for victims of conflict-related sexual violence and other crimes against the peace and security of humankind (FONAREV) has announced a reparations plan for victims of sexual violence perpetrated since 1993 in five provinces of the Democratic Republic of the Congo, namely North Kivu, South Kivu, Ituri, Kasaï Central and Kongo Central. How does the Government of the Democratic Republic of the Congo intend to support this resolution? When will these reparations begin? What will be the process for identifying the victims who will benefit from these reparations?