This report aims to examine the prevalence and persistence of torture in South Africa to assess the current gaps in legal protections, as well as provide recommendations for enhanced monitoring, accountability, and victim support. 

With news in late July 2024 of a ceasefire and its extension accompanying the resumption of ministerial-level talks between DRC and Rwanda showing positive signs of momentum, we believe that SADC can build on the exemplary leadership it has displayed in its commitment to resolve the DRC conflict. SADC's unanimous decision to deploy troops in support of the DRC in July 2023, by Summit and Organ Troika has ushered in an opportunity for the august body to continue to call for peace negotiations to progress. The central role of 'human security' in SADC's approach to peace and security issues, and the commitment to peace and security as a foundation for development, expressed in the SADC Vision 2050 is evident in the leadership role it has played in the Quadripartite Summit and beyond.

While these efforts are in place, there are still major concerns as follows:

• Impact of the conflict on ordinary civilians;
• The Luanda process; while the reinvigoration of talks at ministerial level is a welcome positive development, the momentum must be sustained and the Heads of State and Government of the DRC and Rwanda must be encouraged to meet and finalise negotiations in good faith.
• The Nairobi process; seems to have stalled due to the unwillingness of the parties. However, the mandate that it has i.e. to engage all armed actors who are party to the conflict is a necessity for the sustainability of any peace agreement that is brokered regarding the eastern DRC. SADC must press on President Tshisekedi to kick start this process.
• The ceasefire; we commend the extension of the humanitarian truce, however updates from communities and organisations working on the ground indicate that the violence has not necessarily stopped.
• The 2^nd Quadripartite Summit; the 1^st Quadripartite Summit hosted by Angola in 2023 was encouraging and the PSC decision for the AU Commission to facilitate the 2^nd Quadripartite Summit is important. However, we note that at the anniversary of the 1^st Summit, this was not held and still hasn't been held to date.

We particularly welcome the Summit of the Troika of the Organ on Politics, Defence and Security Cooperation on 16 August 2024 which will be focussing (among other things) on the deployment of SAMIDRC in the eastern DRC. As such, we call upon SADC leaders to use the opportunity of this meeting to call for more immediate and decisive action as follows;

1. Build on the existing commitments on humanitarian protection by SAMIDRC by strengthening accountability mechanisms of troop contributing countries to ensure full compliance with International Humanitarian Law (IHL) and International Human Rights laws; and improving access to justice for citizens and victims of abuse (as well as sexual and gender-based violence abuses) by Southern African Mission in the DRC (SAMIDRC) troops.
2. Leverage the SADC Summit being held on 17 & 18 August, 2024 to continue to push for peaceful and meaningful dialogue to resolve the conflict and humanitarian crisis. This includes:
   1. Ensuring the resumption of the "Nairobi" Process as a prerequisite for effective coordination with the "Luanda" process – possibly through the revitalisation of the AU's Framework Agreement.
   2. That negotiation ensures the involvement of all political actors involved in the conflict. It is only when you bring all voices to the table, and they are heard equally – that peace in the eastern DRC will have a fighting chance.
   3. Urging the AUC to speed up the holding of the 2^nd Quadripartite Summit to facilitate more active engagement by the relevant Regional Economic Communities (RECs) and help contain this war from spreading into the region.
   4. Facilitating and guaranteeing the meaningful leadership and participation of Congolese citizens – particularly women and youth through their local civil society representatives – in all peace processes.

In addition, SADC must also:

3. Call for all parties to continue to respect the global ceasefire and indefinite humanitarian truce that must be adhered to by all parties.
4. Urgently provide a sustainable and effective civilian protection mechanism (including protection and accountability for conflict related SGBV violations) in the Eastern DRC to address the vacuum following the planned withdrawal of MONUSCO. This includes:
   1. coordinated efforts to influence all Congolese parties to implement treaties and political agreements, including those providing for an integrated national army and the demobilization of armed groups in eastern Congo;
   2. continued urging of Rwanda to meet its obligations in the treaties, i.e. not to have a military presence in DRC and not to support any armed group operating in Eastern Congo; and
   3. a concrete plan to rid foreign armed groups operating in the DRC.
5. Continue calling out and denounce in strongest terms the use of 'hate speech' and incendiary language by all parties, emphasising the risk this poses in escalating ethnic divisions with potentially disastrous consequences.
   1. Support local conflict resolution and peacebuilding processes to address localised concerns and to mitigate ethnic tensions and
   2. This includes the substantive involvement of women and youth in the negotiating process as leaders, representatives of their communities who are empowered to make decisions.
6. Support civil society calls for a national dialogue in the DRC.

BACKGROUND

On 27 March 2024, the Special Representative of the Secretary General of the United Nations for the DRC, Ms. Bintou Keita, sounded the alarm on "the humanitarian catastrophe" in the Eastern DRC.

"More than 7.1 million people are displaced, or 800,000 in the last three months. And food insecurity affects 23.4 million people, or one of four Congolese… Furthermore, for the month of January 2024 alone, 10,400 cases of gender-based violence were reported throughout the country." 

The Humanitarian Catastrophe

• Of the over 500 000 people displaced in and around Goma, an estimated 58% are women and 14% are children under 5 years.
• 9 million people, especially in remote and conflict-ridden areas, have limited access to essential and life-saving medical services.
• 6% of women and 40.9% children need medical care, including due to sexual and gender-based violence (SGBV)

Prevalence of SGBV

• 52% of women will face SGBV in their lifetime and 39% of girls will be forcibly married in DRC before reaching 18 years.
• In Goma alone, over 70 SGBV-affected women are treated daily at clinics, with over 35,000 cases reported since the beginning of 2023.

Addressing Root Causes

• This specifically relates to the looting of the country's mineral wealth by foreign states and non-state actors.

SIGNATORIES

1. Solidarité Féminine Pour la paix et le Développement intégral (SOFEPADI), Democratic Republic of Congo (DRC)
2. Congo Peace Network, Goma (DRC)
3. Justice-Plus, Bunia, (DRC)
4. Association pour le Développement des Initiatives Paysannes (ASSODIP), Goma, DRC
5. Badilika Human Rights (DRC)
6. Association des Cultivateurs des Collectivités de Batangi et Bamate (ACUCOBA ONG), DRC
7. Aide et Action Pour la Paix (AAP ONG), DRC

8. Action Chrétienne pour le Développement Communautaire (ACDCS), (DRC)
9. Congolese Family for Joy (DRC)
10. Life and Peace Institute, Bukavu, (DRC)
11. la LUCHA: Lutte pour le Changement, (DRC)
12. Women's International Peace Centre (WIPC), (Uganda)
13. FEMNET, African Women's Development and Communication Network
14. Pan African Network for Political Affairs, Peace and Security (PANPAPS)
15. Pan-African Lawyers Union (PALU)
16. Africans Rising
17. Southern African Council of Non-Governmental Organisations (SAf-CNGO), (Botswana)
18. Child Rights Network for Southern Africa (CRNSA), (South Africa)
19. Center for Democracy and Human Rights (CDD), (Mozambique)
20. Africa Women in Energy Network (AWEN), (Tanzania)
21. The Denis Hurley Peace Institute (DHPI), (South Africa)
22. Centre for the Study of Violence and Reconciliation (CSVR), (South Africa)
23. Institute for Justice and Reconciliation (IJR), (South Africa)

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