The current Congolese legal framework does not permit for full and effective access to reparations for victims of gender-based violence and domestic violence. By providing reliable data and information on domestic violence in the DRC, the Observatory seeks to strengthen access to formal justice and reparations for victims of domestic violence.

According to the United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law, full and effective reparation must include, as appropriate, restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.

Moreover, Article 258 of the Congolese Civil Code, Book III, provides that “any act whatsoever which causes damage to another, obligates the person by whose fault that damage has occurred to repair it.” Many Congolese courts have issued judgments awarding reparations to victims of sexual and gender-based violence (SGBV) - however, there are practical obstacles to enforcing these payment orders.

Thus, we demand that every victim have access to:

Restitution: A victim must be restored to the original situation that existed before the violation occurred. Restitution may include restoration of liberty, enjoyment of human rights, identity, family life and citizenship, restoration of employment and return of property.

Compensation: A victim must receive economic compensation for the harm suffered, which can include physical and psychological harm, lost opportunities, property damage and loss of income, emotional harm, and coverage of legal and medical expenses.

Rehabilitation: A victim must have access to, and be provided with, medical and psychological care as well as legal and social services.

Satisfaction: A victim should be provided with all necessary satisfaction measures, which may include: measures to end the ongoing violations; verification of the facts and disclosure of the truth; an official declaration or judicial decision restoring the dignity, reputation and rights of the victim; a public apology including acknowledgement of the facts and acceptance of responsibility; judicial and administrative sanctions against those responsible for the violations.

Guarantees of non-repetition: These measures are to prevent another violation and to protect the victim against the risk of repetition.

For more information on reparations