Gendering Justice in Humanitarian Spaces: Opportunity and (Dis)empowerment Through Gender-Based Legal Development Outreach in the Eastern Democratic Republic of Congo

Abstract

Why have women in eastern DR Congo increasingly turned to domestic courts in the aftermath of sexual violence, despite the fact that the state has consistently failed to provide basic goods and services to its citizens? Moreover, how do victims of violence interpret their first encounters with state law in an environment characterized by institutional fragility and humanitarian governance? This article analyzes the experiences and reflections of 50 self‐reported victims of sexual violence in eastern DR Congo. We find that human rights NGOs have served as critical mediators in persuading victims of violence to pursue legal remedy for sexual crimes. However, rather than being socialized to prioritize formal accountability mechanisms in precisely the ways that the architects of legal outreach programs intended, we find that victims of violence have turned to the law for a combination of material and ideational factors. Some appear to have internalized emerging norms of punitive criminal justice, while others have adopted the language of law instrumentally, in order to access crucial socio‐material benefits. We identify a paradox of opportunity and disempowerment, therefore, that characterizes our interviewees' experiences with the law.

Ethics Abroad: Fieldwork in Fragile and Violent Contexts

“…Others emphasized the regularity with which residents at their field sites requested money to feed and clothe their children, assistance seeking visas or refugee status, and help obtaining medical care. Lake (2018) and Lake, Muthaka, and Walker (2016) encountered many individuals who expressed hope that support would result from sharing their stories with researchers. The reality that few people read unpublished dissertation research can make the concept of informed consent seem disingenuous, particularly when accompanied by the refrain: “We are happy to speak to you, because we want to share our stories with the world.” Even when academics do their best to make clear to potential interviewees that they will receive no direct benefit from participating in the research, it can be challenging to be confident that the message is heard.…”

End Impunity! Reducing Conflict-Related Sexual Violence to a Problem of Law

“…It is clear from both frame articulators that the fight against impunity must be fought by a variety of stakeholders and governance actors at international, national and local levels. This way, the fight against impunity also becomes a vehicle for developing a global social order governed by the international rule of law (see Lake et al : 552; Lohne forthcoming). For example, almost all of the reports by HRW include recommendations detailing how different stakeholders can contribute to ensure perpetrators are brought to justice, in accordance with international legal standards.…”

Gender, Violence and Politics in the Democratic Republic of Congo. By Jane Freedman. Surrey: Ashgate Publishing Company, 2015. 163 pp. $109.95 (hardcover).Mobilizing Transnational Gender Politics in Post-Genocide Rwanda. By Rirhandu Mageza-Barthel. Surry: Ashgate Publishing Company, 2015. 187 pp. $109.95 (hardcover).Women and Power in Post-Conflict Africa. By Aili Mari Tripp. New York: Cambridge University Press, 2015. 320 pp. $29.48 (paperback).

“…Domestic and international attention to gender violence in conflict has led to widespread societal intolerance and condemnation of certain forms of gendered harms in DR Congo, as well as to a host of programs to rehabilitate, support, and empower women, and the prioritization of legal accountability for sexual crimes (Lake 2014; Lake, Muthaka, and Walker 2016). These gains would have been less likely in an environment where conflict had not so deeply ruptured the preexisting fabric of society (Lake n.d.).…”

“…These gains would have been less likely in an environment where conflict had not so deeply ruptured the preexisting fabric of society (Lake n.d.). Yet, while programs to support women's empowerment theoretically create possibilities for new agency and opportunity, in practice, vulnerable women frequently fail to reap the benefits of rights won in court (Lake, Muthaka, and Walker 2016). Even wealthy women often achieve only limited benefits.…”