By Carolien Jacobs, Patrick Milabyo Kyamusugulwa, Rachel Sifa Katembera
November 25 is the International Day for the Elimination of Violence against Women, and to mark the day this post has been written by Carolien Jacobs (Leiden University) Patrick Milabyo Kyamugusulwa (ISDR-Bukavu), and Rachel Sifa Katembera, all three members of the Humanitarian Observatory DRC. The authors argue throughout that it is important that we realise that sexual and gender-based violence (SGBV) consists of more than only sexual violence, it also includes structural violence that regulates justice. This is also the case in conflict-settings such as the east of the DRC, where a lot of attention goes to sexual violence.
photo by Authors
In a time in which ‘her body, my choice’ is quickly – and sadly – gaining traction on social media, it is important that we are aware of the range of crimes that sexual and gender-based violence (SGBV) consists of: it is more than physical sexual violence.
For many years, sexual violence in the east of the Democratic Republic of Congo has gained a lot of attention from media, international donors, and academics, especially when committed by armed groups. In 2018, the renowned gynaecologist Dr. Denis Mukwege was awarded the Noble Peace Prize for his ‘efforts to end the use of sexual violence as a weapon of war and armed conflict’. Although we by no means want to deny or downplay the high prevalence of sexual violence in the DRC – as also shown by ISS colleague Bilge Sahin -, we would like to use this blog to raise attention to other forms of structural violence in many countries across our patriarchically dominant world. These forms of gender-based violence are deeply embedded in society’s structures, making it difficult for women (and minorities) to claim their rights and find justice. In an earlier blog in this series, Patrick Milabyo and Delu Lusambya already pointed out the importance of rethinking norms of masculinity and combating toxic masculinity.
In this post, we draw attention to two prevalent forms of violence that disproportionately affect women in eastern DR Congo, namely violence related to inheritance disputes, and witchcraft accusations. What is problematic about this? Which challenges do women face when they seek (state or non-state) justice in such situations? And what can be done about this?
Inheritance rights: discrepancy between state law and customary law
According to the Congolese Family Code, revised in 2016, women are entitled to a similar share of their parents’ properties after death. Yet, in most parts of the country, custom holds that only the male heirs are entitled to inherit, and daughters often remain empty-handed, this also applies to children born out of wedlock, if they have been recognized by the deceased in life. As such, all children are the first category of heirs (art. 758.1). A similar problem arises for the right to inheritance for spouses, a problem that is even more complicated in polygamous marriages and in marriages that are concluded only on a religious or customary basis. This means that in case of the death of a husband, the husband’s family often claims the property, with the wife losing out, even though the surviving partner, parents and brothers and sisters of the deceased are all heirs in the second category according to the DRC Family Code (art 758.2). If there is no formal wedding registration, women depend on customary authorities to apply the statutory Family Code, but these authorities often adhere more strongly to customary norms that prescribe the return of the couple’s property to her in-laws. In practice, we see efforts of civil society actors to raise awareness about the Family Code and the right of women to inherit both as spouses and as daughters. Yet, it remains common for families to divide property only among males, with daughters and spouses often losing out.
Witchcraft accusations
Across Africa, states have difficulties in finding ways to deal with witchcraft and witchcraft accusations. This is not any different in the DRC, where the state does not recognize the existence of witchcraft, nor the threats of witchcraft (Dunn 2024). Accusations of witchcraft are most often geared towards women, especially elderly women. Witchcraft accusations are indicators of tensions and distrust in social relations. Even if such accusations lack material evidence, they are difficult to counterclaim for the person accused. Local (state and non-state) authorities often lack the power to deal with such accusations and to calm tensions, and victims of (false) accusations cannot resort to a legal framework to address such accusations. As a measure of protection, we find that accused women sometimes get expelled from their communities, or are even placed in detention to protect them from ‘popular justice’. The ‘remedies’ that are offered by police and other state services hence harm their rights even further and risk turning accused women into double victims.
Seeking justice for gender-based violence in all its forms
Women in eastern DRC are disproportionately affected by injustices related to inheritance disputes and witchcraft accusations. For the former type of injustice, a proper legal framework exists, but its enforcement is at odds with everyday practice in many places, even when legal awareness about women’s inheritance rights exists. Witchcraft accusations are more difficult to address within the legal-rational frameworks of state justice, but the current solutions that are sought by authorities are doing even further harm.
In sum, we argue that even if state institutions of justice are accessible, societal factors may still hinder the recognition of women’s rights and continue gender-based violence. Raising legal awareness and promoting a change of culture are both need to overcome clashes between human rights and cultural practices that are at a disadvantage of women. Although we have focused here on the DRC, examples of gender-based violence are to be found across the world. Let us not be silent about this and recognize that SGBV is not limited to SV!