Rule of Law for Whom: Strengthening the Rule of Law as a Solution to Sexual Violence in the Democratic Republic of the Congo
This article suggests that programs designed to strengthen the rule of law in general are unlikely to be effective against the widespread problem of sexual violence in the Democratic Republic of the Congo. I argue that while weak rule of law perpetuates sexual violence, only rule of law programs designed specifically with respect to the needs, risks, and cultural norms pertaining to Congolese women can help curb this problem. The article begins with a brief history of conflict in the Great Lakes region of Africa to provide context for a discussion of the scope of sexual violence in the eastern provinces of the DR Congo. It then introduces the notion of "rule of law" before evaluating the ways in which weak rule of law in the eastern DR Congo contributes to the problem of sexual violence. Finally, the article makes four arguments to support the central claim that strengthening the rule of law will be effective against sexual violence only if specifically tailored in the ways noted above. INTRODUCTION 140 I.A BRIEF HISTORY OF CONFLICT IN THE GREAT LAKES REGION 141 II.THE CRISIS OF SEXUAL VIOLENCE 145 A. Scope of the Crisis 145 B. Socio-cultural Implications of Sexual Violence ........ ........ 147 J.D. Candidate, 2011 University of California, Berkeley School of Law; M.T.S., Harvard Divinity School; A.B., University of Missouri. I would like to thank Professor Kate Jastram for valuable guidance and consistent encouragement on this project. My colleagues in the Global Migration Seminar at Berkeley were excellent discussion partners and offered helpful feedback. Kerry Gough, Elizabeth Hawkins Lincoln, Stephen Rosenbaum and Ernesto Verdeja each put a critical eye to various drafts of this paper. Finally, thanks to Alison Mollman and the excellent staff of the Berkeley Journal of Gender, Law & Justice for their keen editing. I welcome comments, questions, corrections and other correspondence about the subject of this article; I can be reached at ryanlincoln@post.harvard.edu. BERKELEY JOURNAL OF GENDER, LAW & JUSTICE 139 BERKELEY JOURNAL OF GENDER, LAW & JUSTICE III.RULE OF LAW IN THE DR CONGO. ...... 149 A. Defining the Rule of Law ...... 149 B. Rule of Law Programs in the DR Congo 151 C. Sexual Violence and the Rule of Law in the DR Congo 153 1. Government Bound by Law......... 154 2. Equality Before the Law 155 3. Law and Order 156 4. Predictable and Efficient Justice 156 5. State Violation of Human Rights 157 6. Rule of Law Institutions ........ 158 IV.CREATING A VIABLE RULE OF LAW SOLUTION 158 A. Limitations of Armed Conflict and Political Efficacy on the Rule of Law ...... 159 B. Rule of Law as Evaluative / Rule of Law as Creative .... ...... 160 C. Gender Issues and the Rule of Law 161 D. Rule of Law Must Take Norms Into Account 164 CONCLUSION 167
General Introduction on the Democratic Republic of Congo
Situated in Central Africa, the DRC is the second largest country in Africa, after Algeria. It shares borders with nine countries, namely Angola, Republic of Congo, Central African Republic, South-Sudan, Uganda, Rwanda, Burundi, Tanzania and Zambia. It meets the Atlantic Ocean through the Congo River that is 4,374 km (2,718 miles) long, making it the second longest river in Africa (after the Nile) and one of the longest in the world. The vast territory of the DRC covers 2.5 million km2. The population of the DRC is estimated at 70,916,439, according to the 2010 US Census Bureau’s estimate, and the population density approximates 31.3 people per km2, making the DRC a “country continent”.
Salvation
Rating: Explicit Archive Warning: Graphic Depictions Of Violence, Rape/Non-Con, Underage Category: F/M, M/M, Other, F/F Fandom: Harry Potter J. K. Rowling Relationship: Harry Potter/Severus Snape, Sirius Black/Remus Lupin, Hermione Granger/Ron Weasley, Draco Malfoy/Charlie Weasley, Bill Weasley/OFC, Nymphadora Tonks/OMC, Lucius Malfoy/Harry Potter Character: Harry Potter, Severus Snape, Remus Lupin, Sirius Black, Draco Malfoy, Charlie Weasley Additional Tags: Rape, Rape Recovery, Rape Aftermath, Hermaphrodites, Gender or Sex Swap, Explicit Sexual Content, Oral Sex, Rough Sex, Anal Sex, Domestic Fluff, Forced Pregnancy, Same-Sex Marriage, Mpreg, Childbirth, Children, Child Neglect, Adoption, Abuse, Abduction, Medical Procedures, probably forgotten some stuff Series: Part 2 of Wave a Magic Wand Collections: The best of Harry Potter (Sandy Collection) Stats: Published: 2013-05-14 Completed: 2017-01-15 Chapters: 11/11 Words: 457686