Acts of violence against women and sexual violence : Second War

Mapping Report > Section II. Specific Acts of Violence > CHAPTER I. Acts of violence committed against women and sexual violence > D. August 1998 – January 2001: Second war

This period was marked by numerous conflicts between government forces, rebel groups and foreign armies in a country divided in two with, in the west, a government-controlled zone and, in the east, a rebel-controlled zone.1056 These successive and concurrent conflicts in the DRC contributed to the widespread sexual violence, which was primarily attributable to four main causes: the armed confrontations, persecutions of certain ethnic groups, the suppression of all forms of opposition and, finally, almost total impunity in the face of abuses of power and a lack of discipline on the part of the security forces, police and military intelligence services.

1. Government-controlled zone

During the different armed confrontations, the government forces and their allies committed acts of sexual violence when capturing towns, when stationed in certain regions or when retreating in the face of the enemy. Rapes, often gang rapes, frequently involved very young girls, sometimes even infants.

In Bas-Congo, during their brief incursion at the start of August 1998, members of the ANC (the armed branch of the RCD)1057 politico-military movement and the APR allegedly committed rapes in the main towns of the province. In Boma, they requisitioned a hotel where they raped innumerable women and young girls for three days.1058 During the recapture of towns in Bas-Congo, at the end of August 1998, the Kinshasa Government’s allies, the Angolan Armed Forces (FAA), in turn allegedly committed systematic and widespread rapes against the civilian population.1059 In Orientale Province, the FAC is reported to have carried out numerous rapes of women and young under-age girls in the regions in which they were stationed, such as Bondo,1060 and to have taken some of them with them when they fled from Dingila.1061 In Équateur, FAC soldiers apparently abducted 36 women from Bolima-Likote village and raped them in the forest.1062 At Mange, the FAC reportedly raped some 20 women that they had taken prisoner, one of them subsequently dying from injuries she sustained during the rape.1063 Other victims appear to have been abducted by the soldiers during their retreat from Équateur and were used for several months as sex slaves. One of the victims, aged 15, was reportedly taken by the soldiers to Kitona (Bas-Congo), then to Kalemie (Katanga).1064 In Kasai Occidental, the FAC is said to have raped at least 20 women in the area around their base in Demba territory.1065

At this time, the government security forces were also persecuting anyone bearing physical resemblance to a Tutsi or suspected of supporting the rebellion. Women suspects were harassed, stripped of their belongings, arrested and detained. Several of them were raped during their detention, particularly in Kinshasa1066 and Lubumbashi.1067

Repression against the opposition led to the arbitrary arrest of a number of women opposed to, or critical of, the regime and they were, on occasion, subjected to sexual violence. Women suspected of sympathising with the rebellion were reportedly arrested, paraded naked through the streets to the police station and held alongside the men.1068

One of them was apparently raped and whipped in detention and then taken to a Kinshasa hotel where she was raped for several days by a senior officer and soldiers of the DEMIAP (Détection Militaire des Activités Anti- Patrie) intelligence service.1069 Sexual violence was reportedly also used against men as a means of torture and cruel or degrading treatment.1070

In the government prisons in Kinshasa, the warders appear to have abused their position of power over the women prisoners, who were frequently held alongside the men. The warders reportedly raped them regularly and forced them to perform domestic duties.1071 Within the army, particularly among new recruits, there was a widespread lack of discipline. During arrests for questioning, arbitrary arrests or checks at roadblocks, soldiers would thus rape, hold to ransom and even demand young girls by way of payment. They would sometimes force their victims to undress in public. Rape was also used as a punishment when the victim or her husband refused to hand over money or as a way of suppressing popular demonstrations.1072 Young street children, abandoned or separated because of the war, were also victims of sexual exploitation allegedly at the hands of members of the FAC, who took advantage of the extreme vulnerability of these victims.1073

2. Rebel-controlled zone

The multiple armed confrontations between different groups in the rebel-controlled zone targeted the civilian population indiscriminately, a population made up primarily of women and children who were always suspected of supporting one side or the other. The soldiers of the ANC and APR and their allies engaged in massacres and reprisals against the civilian population along with search-and-sweep operations aimed at seeking out the enemy in the towns they had just conquered or defended. Many women and young girls were raped during these different operations and then, sometimes, killed.1074

In August 1999, and then again in May and June 2000, the latent crisis between Rwanda and Uganda for control of the political party RCD degenerated into open conflict,1075 and this led to a series of clashes for control of Kisangani during the course of which elements of both armies committed rapes. On 17 July 1999, before the first war broke out, five girls trapped in the Maranatha church, Kabondo commune, were allegedly raped by elements of the ANC/APR.1076 Rapes were also reportedly committed by Rwandan, Ugandan and Congolese soldiers during the two ensuing wars, in 2000.1077

During the course of the conflict between the ANC/APR and the Mayi-Mayi, and in some regions controlled by the CNDD-FDD,1078 women paid a heavy price, with each group attempting to outdo the other in terms of the cruelty of the sexual violence to which they subjected their victims in retaliation for their alleged support of their opponents.

For example, in South Kivu, in August 1998, elements of the ANC/APR are reported to have raped women in the villages of Kilungutwe, Kalama and Kasika, in Mwenga territory. Brutal rapes, disembowelling and rape with sticks of wood were suffered by an unknown number of victims.1079 At Bitale, in Kalehe territory, in February 1999, elements of the ANC/APR allegedly raped women and young girls whom they accused of supporting the Mayi-Mayi operating in the region.1080 In Mwenga town centre, in November 1999, elements of the ANC/APR are said to have buried 15 women alive. Before being buried, the victims were tortured, raped, some with wooden sticks, and subjected to cruel, inhuman and degrading treatment consisting particularly of inserting hot pepper into their genitals. Some victims were paraded naked through the village.1081 During the counter-attack led by the ANC/APR against the Mayi-Mayi and CNDD-FDD in Baraka region, in June 2000, soldiers from the ANC/APR reportedly raped and killed several women and burned houses.1082 Other cases of rape committed by elements of the ANC/APR during attacks and containment activities are likely to have taken place in Kalehe territory in 1999 and in territories in the regions of Baraka1083 and Fizi1084 in 2000.

Elements of the ANC/APR are reported to have raped women in front of their husbands, their families and their communities during attacks on villages such as Kilambo, in Walikale territory (North Kivu).1085 The women of North and South Kivu were not, however, alone in suffering this violence: a large number of women were allegedly raped in Maniema, particularly by elements of the ANC/APR.1086

For their part, the Mayi-Mayi are reported to have committed atrocities during attacks against villages and in the context of reprisals. Rapes were thus committed in Uvira, in Kalehe, Walungu and Mwenga territories in South Kivu and in Maniema1087, accompanied by unimaginable cruelty. In Kamituga and Walungu (South Kivu), the militia allegedly cut off women’s breasts and forced them to eat them before executing them as punishment for their alleged support of the RCD-G or their refusal to undertake forced labour.1088

The Mayi-Mayi also allegedly engaged in rapes during patrols, during movements, when putting up fences or when they were near national parks, including the Kahuzi-Biega National Park (South Kivu and North Kivu), and the Virunga National Park (North Kivu).1089 Women working in the fields or on their way to them were frequently targeted. The Mayi-Mayi also committed abuses (murder, rape and torture) against women accused of witchcraft such as, for example, in Mwenga and Kitutu (South Kivu) in 1999;1090 at Musenge, in Walikale territory (North Kivu) in 1999;1091 and at Wabikwa, in Pangi territory (Maniema) in March 1999.1092

From the end of 1999 to mid-2000, acts of sexual violence in the conflict between the RCD-G and the Mayi-Mayi in South Kivu were such that it is estimated that at least 2,500 to 3,000 women were raped – often brutally gang-raped – over this period.1093

The Hutu militia, both Rwandan (AliR/FDLR)1094 and Burundian (FDD/CNDD), allegedly also committed widespread and systematic rapes of a bestial brutality. Many women, mainly young girls, were abducted to act as sex slaves.1095 Between 1998 and 2001, for example, the Rwandan Hutu militia is reported to have attacked and plundered several villages in Kalehe and Mwenga territories (South Kivu) and Masisi territory (North Kivu) from the forests in which they were hiding. During the course of these attacks, they apparently raped and abducted women and young girls, some of whom were forced to carry the spoils of their pillaging.1096 In some cases, such as at Mabingu, Kabamba and Mantu (South Kivu) in 1999, the women were raped with such brutality that some of them died. In July 2000, Burundian militia (FDD) reportedly raped a number of women in Lusenda village (South Kivu) and abducted girls in North Kivu.1097

In a vicious spiral, whenever they recaptured a territory, the Rwandan Hutu militia as well as the ANC/APR, would engage in reprisals, including rapes, against the population. Always suspected of hiding or supporting one group or the other, the population was subjected to alternating attacks from the different sides, such as for example in 1998 at Chivanga; in Kabara territory (South Kivu);1098 in 1999 in Mwitwa, in Walikale territory (North Kivu); and in 2000 near Kilambo, in Masisi territory. In Kilambo, for example, ANC/APR soldiers reportedly tied up the men and raped their wives in front of them before killing them.1099

In North Kivu, the Ugandan rebels of the ADF/NALU [Allied Democratic Forces/National Army for the Liberation of Uganda]1100 allegedly attacked and looted several villages in Beni territory, abducting children, young girls and women whom they used as slaves, including sex slaves.1101

On returning to their lands in Fizi and Uvira territories in South Kivu in 1999, Banyamulenge soldiers also reportedly engaged in abductions and rapes of women as they were on the way to their fields.1102

In all regions under the control of the RCD-G, opponents were brutally and arbitrarily suppressed. Hundreds of women accused of helping the militia and rebel movements, suspected of providing intelligence to the FAC or who had simply criticised the RCD-G were subjected to sexual violence in their own homes, sometimes in front of their children and husbands, and were frequently arrested. The wives or female relatives of men being sought were sometimes arrested instead of their partner or brother. Held in prisons or in containers, they were reportedly systematically raped, beaten and then some of them murdered.1103 Whilst this repression affected above all women in North and South Kivu, women in other regions under RCD-G control were also affected, such as in Oriental Province and in Maniema.1104 The use of torture in RCD-G detention centres involved sexual elements of the crimes committed during some massacres of civilian populations, such as rape, the insertion of hot pepper into the sexual organs and genital mutilation.1105

In zones under the control of the ANC/APR and their allies, the behaviour of armed elements stationed in towns, during transfers or during operations was characterised by a lack of discipline, an abuse of power and brutality. Women and girls who were in or walking to their fields, to market, to fetch water, in the forest collecting wood or walking to school were victims of rape and abduction and frequently forced into sexual slavery. Cases of rapes of young girls, often gang rapes, were widespread in the towns and close to military camps, such as, for example, around the camps of Saïo and Bagira at Bukavu, Kabare and Kitshanga in Masisi.1106

Soldiers, particularly from Mutwanga camp (North Kivu), reportedly abducted women into slavery.1107 Even the wives of soldiers on the frontline were allegedly raped by those remaining back at base.1108 The rare women brave enough to dare to refuse these advances were often murdered, along with other family members, to set an example.1109  Congolese employees of international organisations were not spared: women working for HCR and WHO were also raped.1110

Gang rape was widespread everywhere. It is reported that in Maniema, at Kayuyu in Pangi territory, most of the rapes reported between October 1999 and January 2000 were gang rapes.1111 The brutality knew no bounds. In October 1999, in Kasai Oriental, at Musangie, 22 kilometres from Kabinda, 10 women were allegedly whipped then raped by a number of soldiers from the ANC/APR.1112 In 2000 at Tshalu, in the same region, while raping four women, elements of the ANC/APR reportedly subjected their partners, friends and parents to cruel and inhuman treatment. In South Kivu, women are said to have been regularly raped by dozens of soldiers.1113 At Baraka, in Fizi territory, a young 17-year-old girl was apparently raped by some 40 soldiers.1114

During this period, the situation in the zones controlled by the RCD-G and its allies was so volatile, with so many and changing armed groups and alliances, that it was in some cases difficult to identify the perpetrators of the rapes. Sexual violence took on unbearable proportions and cruelty and the many abuses seemed merely to increase in number exponentially. The soldiers frequently engaged in gang rapes and some women and young girls were also raped with sticks, stakes and guns. In some cases, the perpetrators of the rapes wrapped the barrel of their gun in cloth and inserted it into their victim’s vagina to clean it before passing her onto the next rapist.1115 Armed men sometimes fired into the genitals of their victims, causing damage to both internal and external sex organs. In 2000, at Ngweshe, in Walungu territory (South Kivu), a pregnant woman was reportedly trampled on by soldiers in order to bring about a premature labour.1116

1056 For more information on the political background, see Sec. I, Chap. III.
1057 Officially created on 16 August 1998, the RCD had as its objective ending Laurent-Désiré Kabila’s presidency.
1058 Interviews with the Mapping Team, Bas-Congo, March 2009; HRW, Casualties of War, 1999.
1059 Ibid.
1060 AI, DRC: Killing Human Decency, 30 May 2000.
1061 Interviews with the Mapping Team, Orientale Province, January 2009.
1062 Interviews with the Mapping Team, Équateur, April and May 2009.
1063 Interviews with the Mapping Team, Équateur and Kinshasa, April 2009.
1064 Interviews with the Mapping Team, Équateur and Kinshasa, April 2009; HRW, Casualties of War, 1999; AI, DRC: Killing Human Decency, 2000; MSF, Quiet, we’re dying. Witness accounts, 2002.
1065 Interviews with the Mapping Team,, Kasai Occidental and Kasai Oriental, April 2009
1066 Interviews with the Mapping Team, Kinshasa, March 2009; HRW, Casualties of War, 1999.
1067 Interviews with the Mapping Team, Katanga, October 2008 and March 2009; ASADHO, RDC: Le pouvoir à tout prix. Répression systématique et impunité, 1998; AI, War against unarmed civilians, 1999; Deutsche Presse-Agentur, “Massacres of Tutsis Reported as more DRC Peace Talks Tabled”, 3 September 1998 and “Congo Rebels Bury Remains of Massacre Victims”, 10 December 1998.
1068 Report of the Special Rapporteur (E/CN.4/1999/31), annex VI; AI, “Government Terrorizes Critics”, 2000.
1069 AI, DRC: Killing Human Decency, 30 May 2000.
1070 AI, DRC: A Year of Dashed Hopes, 15 May 1998.
1071 Bureau of Democracy, Human Rights and Labor, U.S. Department of State, Country Reports on Human Rights Practices, 1999.
1072 ASADHO, “RDC. Une guerre prétexte au pillage des ressources et aux violations des droits de l’homme”, Annual Report 2000; Bureau of Democracy, Human Rights and Labor, U.S. Department of State, Country Reports on Human Rights Practices, 1999.
1073 Bureau of Democracy, Human Rights and Labor, U.S. Department of State, Country Reports on Human Rights Practices, 2000.
1074 Particularly in Kabalo territory in Katanga (Interviews with the Mapping Team, Katanga, November 2008), in Kasongo territory in Maniema (Interviews with the Mapping Team, Maniema, March 2009; Politique africaine, “Le Maniema, de la guerre de l’AFDL à la guerre du RCD”, No. 84, December 2001) and at Lubutu and Opala in Orientale Province (Interviews with the Mapping Team, Orientale Province, January 2009; Memorandum from the FOCDP to the Secretary-General of the United Nations, 2001; Report by Groupe Justice et Libération, 1999; Report produced by the President of Wanie Rukula civil society, 2009).
1075 In March 1999, against a backdrop of increasing disagreement between Rwanda and Uganda as to the strategy to follow in relation to President L. D. Kabila, the RCD broke into a pro-Rwandan wing (RCD-Goma) and a pro-Ugandan wing (RCD-ML).
1076 Groupe Lotus, Les conséquences de la contradiction des alliances et des factions rebelles au nord-est de la RDC – La guerre de Kisangani, 1999.
1077 Bureau of Democracy, Human Rights and Labor, U.S. Department of State, Country Reports on Human Rights Practices, 2000 and 2001; François Zoka, Pierre Kibaka, Jean-Pierre Badidike, La guerre des alliés à Kisangani et le droit de la paix, 2000.
1078 The Forces pour la défense de la démocratie (FDD) were the armed branch of the Burundian Hutu movement of the Centre national pour la défense de la démocratie (CNDD) .
1079 Interviews with the Mapping Team, South Kivu, October, November and December 2008 – February and March 2009; CADDHOM, Massacres de Kasika au Sud-Kivu, 1998; Migabo, Génocide au Congo? Analyse des massacres des populations civiles, 2002; AI, War against unarmed civilians, 1998.
1080 Interviews with the Mapping Team, South Kivu, February and March 2009; HRW, Eastern Congo ravaged, May 2000, p.10.
1081 Interviews with the Mapping Team, South Kivu, November 2008 and March 2009; Jean Migabo Kalere, Génocide au Congo? Analyse des massacres des populations civiles, 2002; Ambroise Bulambo, Mourir au Kivu, du génocide tutsi aux massacres dans l’est du Congo RCD , 2001; Application instituting proceedings at the International Court of Justice by the DRC against Rwanda on 28 May 2002.
1082 Interviews with the Mapping Team, South Kivu, February 2009; Report of the Special Rapporteur (A/55/403), 2000; AI, Rwandese-controlled eastern DRC: Devastating human toll, 2001; Bureau of Democracy, Human Rights and Labor, U.S. Department of State, Country Reports on Human Rights Practices, 2000.
1083 Interview with the Mapping Team, South Kivu, February and March 2009; HRW, “DRC, Eastern Congo ravaged”, 2000.
1084 Interviews with the Mapping Team, South Kivu, February 2009; Report of the Special Rapporteur (A/55/403); AI, Rwandese-controlled eastern DRC: Devastating human toll, 2001; Bureau of Democracy, Human Rights and Labor, U.S. Department of State, Country Reports on Human Rights Practices, 2000.
1085 HRW, Eastern Congo ravaged, 2000; Bureau of Democracy, Human Rights and Labor, U.S. Department of State, Country Reports on Human Rights Practices, 2000.
1086 Interviews with the Mapping Team, Maniema, March 2009; Haki Za Binadamu, Situation des droits de l’homme au Maniema, RDC Congo, Monitoring d’octobre 1998 à juin 2000, 2000.
1087 Interviews with the Mapping Team, South Kivu, April 2009; Documents from October 2002 provided to the Mapping Team in South Kivu by local NGOs, April 2009.
1088 Bureau of Democracy, Human Rights and Labor, U.S. Department of State, Country Reports on Human Rights Practices, 1999; AI, DRC: Killing human decency, 2000.
1089 Bureau of Democracy, Human Rights and Labor, U.S. Department of State, Country Reports on Human Rights Practices, 1999.
1090 COJESKI, Les violations caractérisées des droits de l’homme dans le Kivu – Rapport narratif des forfaits pour la période allant du 1er octobre 1999 au 29 février 2000, 2000; CADDHOM, Les atrocités commises en province du Kivu de 1996 à 1998, July 1998.
1091 AI, DRC: Killing Human Decency, 30 May 2000.
1092 Haki Za Binadamu, Situation des droits de l’homme au Maniema, RDC, 2000.
1093 Office for the Coordination of Humanitarian Affairs, Shabunda Mission Report, June 2001; HRW, DRC – The War Within the War, 2002.
1094 With the start of the second war, in 1998, the ex-FAR/Interahamwe and “armed Hutu elements” reorganised within the Armée de libération du Rwanda (ALiR), which was absorbed into the FDLR at the end of 2000.
1095 Interviews with the Mapping Team, South Kivu, March 2009; CDJP, “Flash spécial – Les Interahamwe massacrent la population de Bushwira dans le territoire de Kabare”, 29 November 2002; IRIN, “Central and Eastern Africa Weekly Round-Up 26” , 30 June 2000; AI, DRC: Killing Human Decency, 30 May 2000.
1096 HRW, Eastern Congo ravaged, May 2000.
1097 HJ, “Une population désespérée, délaissée et prise en otage”, archives, 2001, available at www.heritiers.org/ (consulted in March 2009).
1098 HRW, DRC – The War Within the War, June 2002.
1099 Report of the Special Rapporteur (E/CN.4/1999/31), annex XIII; DSV, “Femmes dans la tourmente des guerres en RDC”, March 2003; SOPROP, “La situation des droits de l’homme dans la ville de Goma et ses environs depuis l’éclatement de la rébellion”, October 1998; HRW, Eastern Congo ravaged, 2000; AI, “Torture as weapon of war”, 2001; Bureau of Democracy, Human Rights and Labor, U.S. Department of State, Country Reports on Human Rights Practices, 1999; AI, DRC: Killing Human Decency, 30 May 2000.
1100 The result of a regrouping of former rebellions, the ADF-NALU appeared in the second half of the 1980s after President Yoweri Museveni took power in Uganda. During the 1990s, the ADF- NALU benefited from the support of President Mobutu and used North Kivu as a refuge.
1101 Interview with Mapping Team, North Kivu, March 2009; ASADHO, “L’Ouganda sacrifie la population civile congolaise”, February 2001.
1102 HJ, archives 1999. Available at: www.heritiers.org/ (consulted in March 2009).
1103 Numerous sources document these particular cases: interviews with the Mapping Team, South Kivu, March and May 2009; Report of the Special Rapporteur (E/CN.4/1999/31), annex XIII; ASADHO, “RDC: le pouvoir à tout prix. Répression systématique et impunité”, 1998; DSV, “Femmes dans la tourmente des guerres en RDC”, March 2003; COJESKI, Vue synoptique sur les violations massives des droits de l’homme pendant les trois premiers mois d’agression du Sud-Kivu/RD, 1998; COJESKI, Cinq mois d’invasion de la RDC: Les droits de l’homme en péril dans les provinces occupées de l’est du Congo, 1999; SOPROP, “La situation des droits de l’homme dans la ville de Goma et ses environs depuis l’éclatement de la rébellion”, October 1998; HRW, Casualties of War, February 1999; HRW, Eastern Congo ravaged, May 2000; AI, War against unarmed civilians, 1998; AI, DRC: Killing Human Decency, 30 May 2000.
1104 Report of the Special Rapporteur (E/CN.4/1999/31), annex XIII; DSV, Femmes dans la tourmente des guerres en RDC, 2003; Haki Za Binadamu, Situation des droits de l’homme au Maniema, 2000; Groupe Lotus, RDC – D’un régime autoritaire à une rébellion, October 1998.
1105 SOPROP, La situation des droits de l’homme dans la ville de Goma et ses environs depuis l’éclatement de la rébellion jusqu’au 21 septembre 1998, 1998; COJESKI, Cinq mois d’invasion de la RDC: Les droits de l’homme en péril dans les provinces occupées de l’est du Congo, 1999.
1106 Report of the Special Rapporteur (E/CN.4/1999/31), annex XIII; COJESKI, Vue synoptique sur les violations massives des droits de l’homme pendant les trois premiers mois d’agression du Sud–Kivu , 1998; DSV, “Femmes dans la tourmente des guerres en RDC”, March 2003; CADDHOM, “Rapport sur la situation des droits de l’homme au Congo-Kinshasa: Une année d’occupation et de rébellion au Kivu”, August 1999; HRW DRC – The War Within the War, 2002.
1107 ASADHO, RDC: le pouvoir à tout prix. Répression systématique et impunité, 1998.
1108 COJESKI, Cinq mois d’invasion de la RDC: Les droits de l’homme en péril dans les provinces occupées de l’est du Congo, 1999; SOPROP, La situation des droits de l’homme dans la ville de Goma et ses environs depuis l’éclatement de la rébellion jusqu’au 21 septembre 1998, 1998.
1109 Report of the Special Rapporteur (E/CN.4/1999/31), annex XIII; DSV, “Femmes dans la tourmente des guerres en RDC”, March 2003.
1110 AI, War against unarmed civilians, 1998.
1111 Haki Za Binadamu, Situation des droits de l’homme au Maniema, 2000.
1112 Interviews with the Mapping Team, Kasai Occidental and Kasai Oriental, April and May 2009; DSV, “Femmes dans la tourmente des guerres en RDC”, March 2003.
1113 Ibid.
1114 DSV, “Femmes dans la tourmente des guerres en RDC”, March 2003; HJ, archives 1999. Available at: www.heritiers.org/ (consulted in March 2009); AI, DRC: Killing Human Decency, 30 May 2000.
1115 RFDA, RFDP and IA, Le corps des femmes comme champ de bataille, 2004.
1116 DSV, “Femmes dans la tourmente des guerres en RDC”, March 2003.