Réparation des préjudices pour les victimes de violences sexuelles en RDC : entre obstacles juridiques et impératifs de justice

This chapter examines the right to reparation for victims of sexual violence in the Democratic Republic of the Congo (DRC), with particular attention to the legal, judicial, and socio-cultural obstacles that hinder effective access to justice. Although the Congolese legal framework has progressively evolved, especially since the 2006 reform on sexual violence and the 2022 law on the protection and reparation of victims of conflict-related sexual violence and crimes against peace and the security of humanity, victims continue to face major barriers in obtaining meaningful redress. The study first revisits the legal basis of the right to reparation in Congolese law, emphasizing the conditions for civil liability, namely fault, damage, and causation, as well as the main forms of reparation, including restitution and compensation by equivalent.
The chapter further demonstrates that, in practice, the promise of reparation remains largely unfulfilled. Victims encounter deep socio-cultural constraints, including stigma, fear of retaliation, and social rejection, which discourage them from seeking justice. Judicial obstacles also persist throughout both the pre-jurisdictional and post-judgment phases, including lack of legal assistance, poverty, procedural costs, delays, and the practical impossibility of enforcing judgments, particularly against the State or insolvent perpetrators. In addition, legal shortcomings, such as the historical absence of an effective victim support fund and the weak operationalization of newly adopted mechanisms, continue to undermine victims’ rights. The chapter concludes that, despite notable legislative progress, the effectiveness of reparation in the DRC still depends on stronger implementation measures, institutional reform, and a more accessible and victim-centred justice system.