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
Impact of Violent Rapes Among Women in Eastern Democratic Republic of Congo
Impact of Violent Rapes Among Women in Eastern Democratic Republic of Congo by Benoit Munganga Mirindi MPH, Tulane University, 2005 MPA, University of Maine at Orono, 2000 BA, University of Maine at Orono, 1998 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Doctor of Philosophy Epidemiology
Factors Likely to Influence Tort Litigation in the European Union
As the European Union moves towards harmonization in a variety of business, political, and regulatory settings, an opportunity exists to influence the form of tort liability found in these nations. The opportunity should not be missed, with rising concern that U.S. influences will set into motion costly litigiousness, particularly as EU member nations pull back on the level of social programmes available to cover costs typically included in tort claims. To assist policymakers in their deliberations about European Union tort directives, this paper provides discussion of the frequently cited key differences between the U.S. tort systems and what is found in most EU member nations. The discussion is focused on available evidence regarding the influences of these differences as well as important areas of future research. The most important areas seem to be (1) the need to enforce European Law when no defined regulatory body exists for this purpose; (2) the connection between government social programmes and the need for tort liability compensation; (3) and the influence of rules governing payment of legal costs and lawyer fees.