The plague of domestic violence

Domestic violence is an invisible and often minimized aspect of violence against women and girls in the Democratic Republic of Congo (DRC). However, some studies have highlighted the extent of the problem and estimate that at least 52% of Congolese women and girls over the age of 15 have experienced physical violence in their lifetime. In a majority of these cases, the violence is inflicted by an intimate partner.1 Similarly, a study conducted in the North Kivu province revealed that about 65% of male participants believe that women should accept violence from their partners in order to preserve family unity and harmony.2In addition, the study showed that about 27% of participants agreed with the statement that a man can force a woman to have sex, and that she can enjoy it - illustrating a high degree of discriminatory attitudes among men toward women. The study also indicates that physical violence inflicted by a partner because of a woman's refusal to have sex is still widely perceived as acceptable and justified. In addition, the National Roadmap of the Call to Action for Protection against Gender-Based Violence in the DRC highlights intimate partner violence as one of the main types of gender-based violence in the country.3 In recent months, the ongoing health crisis related to Covid-19 and measures to control its spread, such as movement restrictions and containment orders, are putting women and children at a higher risk of domestic violence.

An inadequate legal framework

The current Congolese legal framework does not support for the prevention or punishment of domestic violence, making it difficult to fight against this type of violence. Victims do not have full and effective access to justice, reparations, or specific protection mechanisms. The main source of law in the Congolese system regarding sexual violence is Law 06/018 of July 20, 2006, which prohibits rape, among other things. Although the law provides for specific sanctions in cases where the perpetrators are the victim's parents or guardians, it does not expressly prohibit marital rape. As a result, judicial actors often misinterpret the law and exclude marital rape from consideration.

In recent months, the ongoing health crisis related to Covid-19 and measures to control its spread, such as movement restrictions and containment orders, are putting women and children at a higher risk of domestic violence.

In its 8th periodic report submitted to the same Committee in 2018, the DRC government acknowledged that there is no specific legislation criminalizing domestic violence and that the penal code has yet to be updated. It has not proposed any plans to adopt such legislation. In addition, to date, the government has not put in place any strategy to provide the necessary services to victims of gender-based violence.

A generalized impunity

Patriarchal structural attitudes combined with social norms have created a legal indifference to domestic violence crimes, which has led to impunity for many of these crimes. Congolese lawyers representing victims of domestic violence confirm that this gap in the law means that their clients cannot obtain justice.4 Although the legal offense of assault and battery can be applied in some cases of domestic violence, the police rarely intervene on behalf of victims. Moreover, judicial authorities almost never prosecute cases of domestic violence – despite the presence of specialized police forces for the protection of women and children in the Eastern provinces.

Despite the high rates of domestic violence across the country, the lack of court cases is strongly linked to the widespread acceptance of domestic violence, but also to the fear of stigmatization by victims.