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Reforming the prison system and addressing prolonged pre-trial detention
The ABA Rule of Law Initiative (ABA ROLI) provides technical assistance on prison system reforms and works with the Congolese government and civil society organizations to better protect the rights of prisoners and detainees. ABA ROLI assists stakeholders in developing sustainable solutions for monitoring prison conditions, for reducing prolonged pretrial detention and for addressing persistent shortages of food, water and medical care.
Implementing case tracking and analysis systems
The ABA Rule of Law Initiative (ABA ROLI) is currently implementing a case law database program in three provinces in eastern Democratic Republic of Congo in conjunction with the country’s Ministry of Justice. The database provides statistical information on sexual and gender-based violence cases filed with the courts as well as legal analyses of key cases. ABA ROLI trains court clerks, magistrates and law students to operate these databases independently and is planning on connecting the databases to enable courts to share information regionally.
Creating community awareness of SGBV
To help raise local communities’ awareness of sexual and gender-based violence (SGBV), the ABA Rule of Law Initiative (ABA ROLI) organizes public and media events in towns and remote villages to educate the public about the Democratic Republic of Congo’s 2006 SGBV laws and related human rights issues, and to inform citizens about ABA ROLI’s pro bono legal aid clinics. These activities range from producing and disseminating educational films, radio programs and brochures to creating community or student dialogue groups that act as a vehicle for spreading awareness in their wider communities.
Supporting legal education through scholarships
With generous support from individual donors, ABA ROLI has provided scholarships for 11 female Congolese law students over the past two years. The scholarships cover tuition and living expenses. Additionally, ABA ROLI connects scholarship recipients with organizations supporting women’s rights, which offer them internship opportunities.
Training the legal community
The ABA Rule of Law Initiative (ABA ROLI) conducts numerous trainings for lawyers, police, prosecutors, judges and the public. Typically, workshops cover the Democratic Republic of Congo’s 2006 laws criminalizing sexual and gender-based violence (SGBV); international laws governing sexual violence, gender discrimination, war crimes and crimes against humanity; and the provision of legal aid to SGBV survivors. Additionally, we support bar associations in North Kivu, South Kivu and Maniema provinces. ABA ROLI also helps prepare case analyses on SGBV cases and develops reference manuals on local SGBV laws and procedures for use by an array of legal professionals.
Providing legal assistance
In January 2008, the ABA Rule of Law Initiative (ABA ROLI), with funding from the U.S. Department of State’s Bureau of Democracy, Human Rights and Labor (DRL), launched a legal aid clinic in Goma, the capital of North Kivu Province. Utilizing a multi-disciplinary approach, the clinic offers trauma counseling by a staff psychologist as well as medical care administered through our partner, HEAL Africa. ABA ROLI’s staff attorneys inform survivors of their rights and the judicial procedures afforded by Congolese law, assisting those who wish to proceed with a case. With funding from the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs, the clinic continues to operate today.
With additional support from the Dutch government, the U.S. Agency for International Development and the Norwegian Ministry of Foreign Affairs, ABA ROLI currently operates or supports 19 legal aid clinics that serve survivors of sexual and gender-based violence (SGBV) in eastern Democratic Republic of Congo. Survivors, community leaders, civil society organizations, government institutions and international partners in North Kivu, South Kivu and Maniema provinces have come to rely on these clinics for much-needed legal assistance. The majority of the clinics are housed in one-stop assistance centers that provide holistic legal, psychological, medical and socio-economic assistance for both sexual violence and non-sexual violence cases. We operate the centers in cooperation with local and international non-governmental organizations, including the Inter-Church Medical Alliance, International Medical Corps, Save the Children, CARE, Heal Africa, Panzi Hospital, Femme Engagées pour la Promotion de la Santé Intégrale and Dynamique des Femmes Juristes.
The clinics have greatly increased prosecution of SGBV crimes in eastern Democratic Republic of Congo by:
Operating mobile courts
To increase access to justice in remote areas of the country, ABA ROLI facilitates the holding of mobile courts in North Kivu, South Kivu and Maniema provinces, enabling prosecutors and judges based in the provincial capitals to travel to villages to investigate, prosecute and adjudicate SGBV cases. ABA ROLI helps secure basic transportation and lodging for survivors over the course of the trial and works with local bar associations to provide defense counsel to suspects. Most notably, ABA ROLI facilitated a military mobile court in February 2011 that tried and convicted Lieutenant Colonel Kibibi and eight of his subordinates for the New Year’s Day attacks in Fizi. Kibibi—the highest commanding officer ever tried and convicted for rape in the DRC—and his subordinates were each sentenced to 10–20 years in prison.
Using technology to enhance civilian protection
To enhance civilian protection in North Kivu and South Kivu, ABA ROLI has initiated a DRL-funded early warning system. The system alerts authorities to potential threats or outbreaks of violence in the remote areas of Walikale and Fizi. Information collected through the system is monitored using an online map that is available to assistance providers and government officials and that enables them to identify violent locations and to coordinate responses. In addition, in North Kivu, ABA ROLI is using mobile satellite Internet service to pilot video conferencing that allows rural police to obtain medical rape certificates issued remotely and to increase coordination on SGBV cases between rural police and the Goma-based prosecutor’s office.