Women’s rights advocates have hailed a historic ruling by the African Commission on Human and Peoples’ Rights that holds the Democratic Republic of Congo (DRC) responsible for widespread sexual violence committed by its military forces.
The decision, issued in response to Communication 686/18, follows a case filed by the Association des Femmes Avocates Défenseurs des Droits Humains, Equality Now, and the Institute for Human Rights and Development in Africa (IHRDA). It stems from atrocities committed on 1 January 2011 in Fizi Territory, South Kivu, when Congolese soldiers raped, tortured, and killed women in their homes. More than 50 women were attacked, their houses looted and destroyed, and communities left in ruin.
For over a decade, survivors were denied justice as military trials stalled and authorities failed to conduct local hearings. The Commission’s ruling now orders the DRC government to prosecute perpetrators within six months, compensate survivors, and provide free medical and psychological care.
Wivine Kavira of the Association des Femmes Avocates Défenseurs des Droits Humains said, “We welcome this milestone as a recognition of sexual violence as a weapon of war, and of the power of legal mechanisms to secure truth, accountability, and change. This decision gives survivors what they have been denied for over a decade: recognition and a pathway to justice.”
She added, “This is not only a legal victory; it is a moral and historic one. For the 53 Congolese women we represented, this ruling is a long-overdue recognition of the harms they suffered and the State’s failure to act.”
A landmark precedent for women’s rights in conflict
The African Commission found the DRC in violation of multiple provisions of the African Charter on Human and Peoples’ Rights and the Maputo Protocol, which safeguards women’s rights in Africa. These include the rights to life, dignity, health, and protection from torture.
Crucially, the Commission recognised the gendered nature of the violence, acknowledging that the attacks deliberately targeted women. This recognition strengthens the use of the Maputo Protocol as a legal instrument to hold governments accountable for gender-based violence.
“This is not only monumental for the survivors we represented, but it also sets a critical legal precedent for the African continent, especially with regard to the Maputo Protocol,” said Esther Waweru, Senior Legal Advisor at Equality Now.
A ruling amid renewed violence in the DRC
The decision comes amid a surge in sexual violence across the DRC, where rape continues to be used as a weapon of war. In early 2025, as rebel group M23 captured Goma and Bukavu, reports of sexual assaults rose sharply. UNICEF data shows that children accounted for 35 to 45 percent of nearly 10,000 reported cases of sexual violence in January and February 2025 alone, suggesting that during that period a child was raped every half hour.
In this context, the Commission’s decision is more than an acknowledgment of past crimes; it is a warning to state and non-state actors alike that impunity will no longer be tolerated.
Reparations and accountability measures
Beyond compensation, the DRC government has been ordered to issue a public apology in the affected region, train its military, police, and judiciary on women’s rights, and publish the ruling in its official journal. The State must also submit a report to the Commission within 180 days detailing progress on implementation.
These directives aim to ensure accountability and transparency while centring survivors in the process of justice.
Dr Musa Kika, Executive Director at IHRDA, remarked, “This decision affirms that African human rights bodies are not just symbolic, but effective accountability tools for gender-based crimes, especially those committed by state agents during conflict.”
The ruling marks a turning point in Africa’s human rights landscape, demonstrating that justice for survivors of wartime sexual violence is both possible and enforceable under continental law. It also serves as a message to all African governments that silence and inaction in the face of gender-based violence will carry legal consequences.
