NEWSBYKERRY GOUGH

The piece below was written by Kerry Gough - Counsel, Gender and Justice, Global Strategies for HIV Prevention - as part of this week's theme looking at rape as a weapon of war.

Here, Kerry describes some of the underlying causes of violence against women in the Congo.

Rape has always been used as a weapon of war, but even during the peaceful intervals in the DRC, the epidemic of rape continued.  Answers may lie in the traditionally low status accorded to women.  While the physicians at Heal Africa and Panzi Hospital and many other dedicated physicians struggle to treat rape victims’ physical and emotional injuries, little progress has been made in addressing the driving forces that contribute to sexual violence and the resulting transmission of HIV and sexually transmitted infections (STI’s).

At least two sets of societal factors that affect HIV risk and vulnerability but have not been effectively addressed in most countries are gender inequality and the lack of empowerment of women and girls and discrimination, stigma, and social marginalization (UN AIDS report).  The report stresses the need for programmes designed to achieve human rights standards relevant to HIV, such as protection from sexual violence, gender equality, education, information, health, employment, access to scientific progress. (UNAIDS Report, 66)

The DRC guarantees such human rights in its Constitution adopted in 2005 and constitution outlaws many of the oppressive traditions, but its provisions remain unenforced.  The “bill of rights” of the constitution is contained in some fifty articles, guaranteeing personal, political, economic, social and cultural rights.

Key constitutional provisions aimed at equality of the sexes remain largely ignored because of  the neglect, disinterest and inability of authorities to effect them. These provisions include:

- Equal protection under the law (Article 12);

- Protection from any discrimination on account of religion, family origin, social condition, residence, opinions, political convictions, race, ethnicity, tribe or cultural or linguistic minority in matters of education and public functions, (Article 13);

- A duty upon public officials to eliminate all forms of sexual discrimination toward women, to take action in all areas-civil, political, economic, social and cultural-to assure the total épanouissement (opening, flowering, blossoming)  and full participation of women in development of the nation; to take measures to combat all forms of violence against women in public and private life;

- The right to equitable representation within national, provincial and local institutions; a guarantee to implement male/female parity in the aforementioned institutions (Article 14);

- Public officials are to see to the elimination of sexual violence and all sexual violence intended to destabilize, dislocate a family and eliminate an entire people is established as a crime against humanity punished by law (Article 15);

- The right to an education (Article43);

- The right to health and food (Article 47)

Notwithstanding these lofty Constitutional principles, the suppression and victimization of women continue unabated, sanctioned by a multitude  of traditions and laws.

Janine Kewang à Nwal, PhD., a law professor and women’s rights advocate at the law school in Goma, DRC, has enumerated  several. She cites:

- the high rate of illiteracy among women;

- a woman must still seek her spouse’s written permission to work or to open a bank account;

- a tradition that marriage is not recognized by the community unless a dowry is paid;

- illegality of abortions, even when pregnancy resulted from rape;

- widows and daughters are excluded from inheritance, notwithstanding that the Family Code provides for equal inheritance for women and daughter;

- Dietary taboos such as the prohibition in some villages barring women from eating chicken and eggs, significant in that chicken often is one of few sources of protein;

- The loss of nationality by a non-Congolese woman who marries a Congolese man, contrary to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDEF);

- The father has the right to name a child where father and mother disagree, also contrary to the CEDEF;

- The wife’s domicile is that of her husband, but not the contrary;

- Legal age of a girl to marry is 15, but for a male, 18, contrary to the Constitution

- A wife must live wherever her husband chooses; and

- Adultery is sanctioned differently for the woman than for the man.

(Janine Kewang a Nwal, Discrimination Against Women: Questions Linked to Gender in Congolese Society)

Unless and until the status of women as equals is accepted by Congolese men and safeguarded by vigorous enforcement of the law, women will continue to be exploited, raped, infected with STD’s and die from acts of violence not only in times of conflict but also during periods of calm.

[Photo of rape survivor in the Congo from the New York Times]