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Will Congolese victims get justice?

BBC AfricaHYS team|15:16 UK time, Monday, 4 October 2010

Now that the UN has published its controversial report into the killings of Hutu civilians in the DR Congo during the 1990s, what can be done to pursue justice for those who were killed, tortured or raped?

A Congolese boy recovers in a hospital in North Kivu

The report says some of the attacks could - if proven in court - "be characterised as crimes of genocide" and recommends that the international community seeks to prosecute those responsible.

The findings have already been rejected by Rwanda, Uganda and Burundi, whose forces are among those accused of participating in the violence.

The DRC's UN representative, Ileka Atoki, says the victims "deserve justice" - but what would this justice involve? And how could this help those civilians who are still being raped and killed in the same region?

 If you would like to debate this topic LIVE on air on Tuesday 5 October at 1600 GMT, please include a telephone number. It will not be published.

Comments

  • Comment number 1.

    Justice for the Congolese victims will not mean anything to them once it does not have any reparations for them. Watching perpetrators prosecuted by any court will only bring little joy to the victims. It is the international community that will be satisfying some of its human rights instruments. As for the Congolese, whether the perpetrators hang or not, the damage will always remain the same. For example, Charles Taylor is in The Hague, but the victims in Sierra Leone are still feeling the pains of his crimes against them. Only wholistic reparation will solve the problems of the victims.

  • Comment number 2.

    Realy i'm sorry too see this victims i'm sending my condelence .
    actualy, they deserve to get justice and i think that justice will be to sentence that killers and to give shelter and food and i'm realy feel sad this torture still going overthere.
    Eventually, I Would Like To Call On The Killers To Stop This Torture and Killings And Forgive The Innocent Peoples. Otherways One Day They Stand Infront Of Allah ..

    [Personal details removed by Moderator]

  • Comment number 3.

    What has happened and continues to happen is horrible. For there to be true justice, the international community needs to get involved and press for justice. We all need to work together to do something about it, not just listen to a bunch of reports and say "oh well."

  • Comment number 4.

    This comment was removed because the moderators found it broke the house rules. Explain.

  • Comment number 5.

    I believe that the Congolese as well as other people who have been victims of conflict should get justice. The financiers of the conflict should also be put to trial, those who actually conducted the atrocities and those who financed it as well as those who looked the other way or provided any kind of support should be tried for their respective role. What would be unfortunate would be an attempt to try and single out a few countries as the sole perpetrators and use a report whose authors may have vested interests in deciding the fate of such heinous crimes.
    More non-partisan investigation needs to be undertaken and based on this findings, justice should be delivered. Justice should not be politicized and all perpetrators from Africa, the West and even the UN should be tried. Justice should not start at an internationally convenient point but should get to the root cause and address the failings, omissions and commissions by ALL parties. No sacred cows.

  • Comment number 6.

    Of course these victims deserve justice. Though I strongly believe that justice delayed is justice denied. The time for justice is now. I think what the victims also need is reparation.

  • Comment number 7.

    I pray they will. It is truly awful what is happening there, I feel so bad for the civilians and I hope they get justice soon. The world said never again to the genocide in Rwanda and now that the atrocities in DRC are higher than 5 million people they still do not do enough. I pray for the victims in the DRC, and for a future for them.

  • Comment number 8.

    No crime deserves to go unpunished. There is no such thing as carte blanche for rape, torture or murder, in any country, in any continent. The very fabric of society is based on the rule of law, without which a country falls into chaos. What has happened and is still happening in Congo cannot be ignored or simply reported on. It is high time that the perpetrators were brought to justice, not only for the victims of these horrendous crimes, but for the country as a whole.

  • Comment number 9.

    [Personal details removed by Moderator]I will say, it will be very difficult for victims of sexual violence in the DRC to see or touch justice for now, considering the war, poor infrastructure, the size of the country, poverty, illiteracy rate and power inequity.
    presently i work in the Provence orientale of the DRC, in most of the inter agency coordination meeting, there are reports of rapes either by those in power but now clear legal system to prosecute perpetrators. They are always in the communities passing freely while victims are taking treatments in the private or public poor hospitals or clinics by the support of some international or nation NGOs. Its a pity for mankind to be suffering in hands of a fellow man! may God help us in the DRC

  • Comment number 10.

    What do victims really want? Most likely justice to them involves returning to their homes, medical treatment, return of livestock, to be able to have a proper burial for their lost ones and reparations. Do courts offer these?

    The ICC has been investigating and prosecuting in the Congo for six years and what justice has it brought to victims? Only three suspects are being prosecuted for a limited amount of crimes in Ituri, is that justice for victims? There have been prosecutions on the ground in Ituri and other provinces but those most responsible are not being brought to justice such as countries like Uganda and Rwanda who have for years fought proxy wars in the Congo as the UN report documents and they probably continue to do so. For victims what are they getting out of the ICC? Only expectations dashed and no real provision for their needs despite the ICC having a Trust Fund for them.

    For victims in the Congo how do you even admit being a victim of rape or other crimes without suffering further from social stigma, corruption in the courts and intimidation? Other victims such as those who are even displaced from their homes are they going to be recognised as 'victims' in the provision of justice by these courts?

    Before we start advocating for courts and lawyers to bring victims' justice should we not start by thinking how we can change the culture of impunity, deliver support, assistance and reparations to victims and affected communities first? In asking what justice is for victims we should also be asking are courts the best way to achieve these?

  • Comment number 11.

    I think the focus should not be on the past but the present and the future. Efforts should be made to protect the women and children who are being raped every day. Until we are able to prevent more crimes from being committed, all resources should be channeled towards improving security in Congo. How much of a compensation can make a tortured victim forget his/her woes?

  • Comment number 12.

    The report published by the UN is an opportunity for the International Community to take a closer look to its standing in the Great Lakes region, where cycle of violence is ongoing. Rightly people who were wronged deserve justice, but this must not be the end of the road. There is deep crisis in that region, which blessed or cursed by its wealth. The political leaders of the region have been so reluctant to address the issues that keep on plunging this part of of the world in perpetual instability. Let not forget that the Western backers of the political leaders have an important role in the crisis, so the West must be part of the solution too. It is of no use to try to fix what has already been broken - people have died and they will never come to life anymore whatever justice brings - but a constructive approach to pre-empt the violence is necessary to avoid future blood bath

  • Comment number 13.

    The report according to me is agood one.Time has now come for the real perpetrators to face justice.I really share my sorrows and pain with the victims of this massacres.I had of stories about this attrocities caused in DRC but was wondering wether these perpetrators were realy going to be brought to book.
    I salute and comment the poeple behind this investigations and say please hurry up with the findings beceuse Justice delayed is Justice Denied and so let the courts do thier work and bring smiles back to the victimes of this genocide.

  • Comment number 14.

    This is not really a report about the Congo. It is more about what others did in the Congo, and mostly to Rwandan Hutus being hunted down and massacred in large groups just because they were Hutu, regardless of how old they were. Many many were just children.
    Those who will benefit from this report are not those who were killed or even their families. Instead, it will maybe provide some balance to a government who has a legitimate claim to a terrible genocide that was committed against its people, but who wants to hide the terrible things that they themselves did. The Rwandan genocide of 1994 was a terrible, terrible thing and worse than anything done in the Congo. But does that give the victims of one genocide the right to kill the children of the people that carried out the genocide? Why should the children pay the price?

  • Comment number 15.

    I am very sorry to see UN delayed a report about alleged crimes in Democratic Republic of Congo, many died, many children have suffered and are still suffering, the time when the war started UN was in place, poor people also deserve Justice mostly those who died and those who are still living, why can't we value the lives of people when they are still alive? If African countries which got involved had valued the lives of others who have same blood like theirs, then it would have been better. No excuse by any neighboring country involved that they committed alleged crimes when they were trying to hunt for their enemies, we need world of Peace and Love, no way can live bullets, torture, Rape, Killing, illegal gold mining and taking away resources of another country can solve the problem or bring peace, Peace should be got through peaceful means. I am sorry to see old people saying that no crimes were committed in Democratic Republic of Congo when evidence was seen in news papers, Televisions; I welcome the report only it delayed but we still need it for Justice. Many young children who died also deserved life like high command soldiers, presidents of Countries which were involved as such, high command soldiers, presidents were at one time children.We should always accept our responsibilities and Africa should be a continent of peace not wars

  • Comment number 16.

    I think that more than getting justice to congolese victims at the moment, what is needed now is a peace for them. we should support them in how to put their diference a side and try to live in peace and buld their country. Seeking for a justice would worsen the situation and the same victims are hiding running from their killer now, so justice in that situation would have no mean.

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