Implementing Resolution 1325, an NGO Perspective: Lessons Learned and Realities from the Field
Isabelle Solon-Helal, Programme Officer, Women’s Rights at Rights and Democracy, 17 March 2004

This paper is based on the presentation made by Isabelle Solon-Helal, Programme Officer, Women’s Rights at Rights and Democracy. Isabelle recently returned from the Democratic Republic of the Congo where Rights and Democracy works in partnership with local, grassroots organizations on the implementation of Security Council Resolution 1325 on Women, Peace and Security. This paper examines the implementation of six articles of Resolution 1325 within the context of the peace processes of the Democratic Republic of the Congo.

Implementation of Articles 1, 2 and 8 of Resolution 1325 in the Democratic Republic of the Congo: participation of women in decision-making and in peace processes:

Article 1: Urges Member States to ensure increased representation of women at all decision-making levels in national, regional and international institutions and mechanisms for the prevention, management and resolution of conflict

Article 2: Encourages the Secretary General to implement his strategies plan of action calling for an increase in the participation of women at decision-making levels in conflict resolution and peace processes.

Article 8: Calls on all actors involved, when negotiating and implementing peace agreements to adopt a gender perspective, including inter alia:
a) The special needs of women and girls during repatriation and resettlement and for rehabilitation, reintegration and post–conflict reconstruction;
b) Measures that support local women’s peace initiatives and indigenous processes for conflict resolution, and that involve women in all of the implementation mechanisms of the peace agreements;
c) Measures that ensure the protection of and respect for human rights of women and girls, particularly as they relate to the constitution, the electoral system, the police and the judiciary.
United Nations Security Council Resolution 1325 (2000), Adopted by the Security Council at its 4213th meeting on 31 October 2000

Although the participation of women in all decision-making levels and in all aspects of conflict resolution and peace processes is reflected in political frameworks such as the Transitional Constitution, Congolese women remain marginalized from these positions and processes. Despite the challenges they face, Congolese women continue to mobilize themselves and make demands for their inclusion in the political, cultural, economic and social development policies and programmes of the Democratic Republic of the Congo (DRC).

In February 2002, Congolese women from all regions of the country and representing government, paramilitary and military groups and civil society met in Nairobi, Kenya to adopt a declaration and plan of action to integrate a gender sensitive perspective into the DRC peace process. The ensuing Nairobi Declaration makes several demands for democratic development and the protection of the rights of women and girls. Included in this document is a demand to all parties in conflict to cease fighting, the adoption of the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) in the new constitution of the DRC, and mainstreaming of gender-sensitivity within the Inter-Congolese Dialogue (ICD)xviii.

Later that same month, women delegates of political parties and civil society experts in gender equality participated in the ICD in Sun City, South Africa. Women accounted for 40 of the 307 representatives at these talks. Although limited access to technical resources, information and financial support constrained their participation, Congolese women acted as a “unified dynamic force to keep the talks going through frequent blockages in the negotiations and formed parallel shadow commissions that met with all heads of delegations, international observers and the Special Representatives of the Secretary General” (SG Report 2002: 63).

In April 2003, the DRC introduced in it is Transitional Constitution the importance of having the active participation of women in all levels of government. In addition, Article 51 of the Transitional Constitution of the DRC specifies the following:

• The State has obligation to avoid by all means all forms of discrimination against women and to ensure the respect and the promotion of her rights.

• The State has obligation to take, in all domains, notably the economic, social and cultural areas all appropriate measures to ensure a full participation of women in the development of the Nation.

• The State will take measures to fight against all forms of violence against women in the public and the private life. Women have the right to a significant
representation in all institutions at national, provincial and local levels.

Although constitutionally the political participation of women and the protection of the rights of women are guaranteed, in practice the lack of political will on the part of state actors and parties to armed conflict continues to undermine advancements made by Congolese women during negotiations. The rights of women and girls in the DRC are violated on a daily basis and their representation in the transitional government institutions and negotiations remains almost invisible.

According to Common Cause, a non-governmental organization, Congolese women represent a mere 7% of decision- making positions. Currently, women’s rights-based NGOs are demanding a minimum of 30 % representation of women, as indicated in the United Nations Declaration on
Gender and Development signed by Member States of the Southern African Development Community (SADC) in 1997. Although the participation and representation are often referred to in certain political frameworks, implementing mechanisms for affirmative action were not developed along side of these commitments. As of October 2003, for example, the DRC transitional government was composed as follows: Ministers: 6 women, 30 men; Vice Ministers: 2 women and 23 men; Members of Parliament: 3 women and 117 men; National Assembly: 49 women and 451 men.

Within the DRC peace processes, the spirit of Resolution 1325 was not respected. Women represent more than half of the population of the DRC yet continue to be under-represented in all levels and aspects of the negotiation and political processes. It is unacceptable from the point of view of democratic development that their representation in decision-making remains so low. In general, groups working on the rights of women see ICD as a failure with regards to the promotion of the representation of women in politics. These groups have expressed the necessity of working on all fronts to ensure the effective implementation of Resolution 1325, particularly within the context of the upcoming presidential elections. In order for Resolution 1325 to be of any significance in these elections, a concerted awareness raising effort among civil society and government needs to be undertaken throughout the country.

Rights and Democracy, in collaboration with Congolese non-governmental organizations coordinated a Resolution 1325 sensitization and training campaign. Throughout last year, consultations were held in Kinshasa, Lumumbashi in Kasi east and west, Bandundu and in the lower Congo region. With the support of MONUC the resolution was translated into local dialects and printed on brochures. It is valuable and important for this type of campaign to
continue in the eastern region of the DRC through local partnership.

One of the priorities of the Ministry of Family and Women’s Affairs is the preparation of women for the election process, a focus in line with the priorities of the transition government for free, democratic and transparent elections. The Ministry is supporting initiatives on training and sensitizing national opinion, and in particular women, on the importance and opportunities of becoming involved in the electoral process.

Areas of Further Action:

• Identify the obstacles to women’s political participation and train candidates at both national and international levels. Common Cause, for example, advocates an exchange program between Congolese women and women from neighbouring countries who have experience in participating and organizing local elections.

• Adopt a gender analysis at all levels of the electoral process, from population census and civic education campaigns to voter registration procedures and electoral operations. This would imply in particular that the Independent Electoral Commission (IEC), its provincial staff and liaison offices be equipped with staff that would reflect the 30 % quota minimum as well as experts from both civil society and experts that can address issues and questions relating to gender and the electoral process.

• The registration and voting stations should be accessible and physically safe for all members of the voting population. Given the geographic nature of the DRC and the high levels of insecurity throughout the country, the ICE in collaboration with MONUC should organize for secure and appropriate transportation for women in the rural and remote regions of the country. MONUC should be tasked with ensuring the security of
these stations during registration and during voting.

• Decentralize political training and sensitization courses to ensure that a majority of Congolese women residing in rural and remote regions receive the necessary information.

• Members of civil society could create an observation committee comprised of both international and national representatives from NGOs and government to ensure that a gender sensitive approach is integrated in to the electoral process.

Implementation of Articles 9, 10 and 11 of Resolution 1325: sexual violence and ending impunity:

Article 9: Calls upon all parties to armed conflict to respect fully international law applicable to the rights and protection of women and girls, especially as civilians, in particular the obligations applicable to them under the Geneva Conventions of 1949 and the Additional Protocols thereto of 1977, the Refugee Convention of 1951 and the Protocol thereto of 1967, the Convention on the Elimination of All Forms of Discrimination against Women of 1979 and the Optional Protocol thereto of 1999 and the United Nations Convention on the Rights of the Child of 1989 and the two Optional Protocols thereto of 25 May 2000, and to bear in mind the relevant provisions of the Rome Statute of the International Criminal Court.

Article 10: Calls on all parties to armed conflict to take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse, and all other forms of violence in situations of armed conflict.

Article 11: Emphasizes the responsibility of all States to put an end to impunity to prosecute those responsible for genocide, crimes against humanity and war crimes including those relating to sexual and other violence against women and girls, and in this regard stresses the need to exclude these crimes, where feasible from amnesty provisions.
United Nations Security Council Resolution 1325 (2000), Adopted by the Security Council at its 4213th meeting on 31 October 2000

Ending sexual violence and impunity of perpetrators of rape and gender-based violence is a priority for Congolese women. All parties to the conflict use the raping of girls and women as a weapon of war. Men who maintain a position of power within communities and who may not necessarily be engaged directly in the conflict also use rape. Congolese women are demanding an international tribunal on war crimes and crimes against humanity for those who committed such offenses prior to July 1 2003.

According to the Human Rights Watch Report entitled Democratic Republic of the Congo: Confronting Impunity, January 2004, the Security Council, has expressed concern about violence in the DRC and stressed the need for a system built on accountability. The Security Council condemns “ the acts of violence systematically perpetrated against civilians, including the massacres as well as other atrocities and violation of international humanitarian law and human rights, in particular, sexual violence against women and girls.”xix Although the Security Council continues to urge the Secretary General to assist the transition government of the DRC to address such crimes and to end impunity, a weak infrastructure, particularly within the national justice system impedes thorough investigations and prosecutions. Human Rights Watch advocates for the creation of a Group of Experts, international an Congolese, that could study alternate justice mechanisms to investigate and prosecute crimes against humanity and war crimes.

Areas for Further Action:

• With regards to the Truth and Reconciliation Committee (TRC), there needs to be representation of women and an expert on gender-based violence on the Commission itself. This would facilitate the adoption of measures that would guarantee the protection of witnesses and victims. The TRC should also address reparation for and rehabilitation of victims of human rights violations. Programmes need to be established that take into account the situation of female victims of rape who contracted HIV/AIDS.

• There is a need for cohesiveness in policy and programming at all levels of intervention. Resolution 1325 should be used in coordination with the application of other international instruments, resolutions, conventions, treaties and declarations.

• Appropriate indicators need to be developed in order to monitor the implementation of Resolution 1325.

• In order for the implementation of Resolution 1325 to be effective and sustainable, it needs to be seen as a strategic tool that is necessary for conflict resolution, recovery and development. Political will at all levels of decision making, from local to national needs to exist in order to have a successful application of the resolution.

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About the Presenter:

Isabelle Solon-Helal
Programme Officer, Women’s Rights, Rights and Democracy
Isabelle is a lawyer who has been working for the Women’s Rights Program, Rights and Democracy, since 1997 on the questions of women’s rights in conflict situations. She has participated in the United Nations observer mission to Rwanda, Bosnia and East Timor. In 2001 she received a Master’s degree in International Law from the London School of Economics. Her thesis focused on reproductive rights and the effects of chemical wars.