Summary action points based on findings

• Improve the availability of physical rehabilitation and psychosocial services significantly; increase resources to establish these services.
• Identify sustainable resources for assistance as a key priority; since most funding ended, many NGOs that provide victim assistance depend on irregular international funding channeled through the mine action sector.
• Work towards forming a sustainable planning and coordination mechanism that recognizes and addresses victim assistance requirements at national and local levels.

Victim assistance commitments

The Democratic Republic of the Congo (DRC) is responsible for a significant number of survivors of landmines, cluster munition victims, and survivors of other explosive remnants of war (ERW) who are in need. DRC has made commitments to provide victim assistance through the Mine Ban Treaty and has obligations to cluster munition victims as a signatory to the Convention on Cluster Munitions.

DRC acceded to the Convention on the Rights of Persons with Disabilities (CRPD) on 30 September 2015.

Casualties

Casualties Overview

UNMAS reported 47 mine/ERW and submunition casualties in DRC for 2014. [1] As in previous years, children constituted the majority of casualties, with more than three-quarters (76%) of casualties being minors (36). All casualties were civilians, including 23 females (four women; 19 girls) and 24 males (seven men; 24 boys). This represented a significant increase from the 21 casualties recorded for 2013 and 13 casualties recorded for 2012 by UNMAS. [2] Difficulties in gathering data on incidents did not allow for comprehensive data on the type of devices involved. It was reported that all casualties were caused by ERW. [3]

It has been repeatedly reported that available casualty data significantly underrepresents the true number of people killed and injured, due to the absence of a national data collection system for mine/ERW casualties and the fact that parts of the country remain inaccessible due to a lack of infrastructure and security constraints. [4]

UNMAS reported 2,563 mine/ERW casualties between 1964 and the end of 2014, with 1,066 people killed, 1,491 injured, and six cases in which it was unknown if the casualties survived. [5] Of all casualties, 1,651 were male and about a quarter (624) were female. [6] Children represented 44% (1,119) of the total casualties. Casualties were identified in all of DRC’s 11 provinces, although more than half of all casualties occurred in just three provinces: South Kivu (23%), Equateur (21%), and North Kivu (19%). [7] In 2014, as in 2013, most casualties (26) took place in the province of North Kivu.

Cluster munition casualties

Cluster munition remnants caused 207 casualties in DRC through the end of 2014 (which accounts for 16% of all casualties for which the explosive-device type was known). [8] The last unexploded submunition casualties identified in disaggregated data occurred in 2010.

Victim Assistance

By the end of 2014, UNMAS had recorded 1,491 mine/ERW survivors in DRC. [9]

Victim assistance since 1999

Since 1999, most persons with disabilities, including mine/ERW survivors in DRC have remained unable to access services. Due to conflict, poverty, and mass displacement, the many needs of persons with disabilities were not met. Access to services ranged from limited to non-existent and was further hampered by long distances, inaccessible terrain, and cost. Most services have been provided by NGOs. Conflict increased demands on services at the same time that some NGOs also faced funding difficulties.

The physical rehabilitation sector remained under-resourced and the few functioning centers remained dependent on international support. Social workers within the healthcare system had received some basic training. Opportunities for psychological assistance were limited to ad hoc NGO projects.

Victim assistance in 2014

The security situation in DRC began to be more stable in 2014, [10] following the upsurge of violence and conflict in 2013, especially in the provinces of North Kivu and South Kivu. [11] However, it was reported that levels of international funding for victim assistance provided through UNMAS and other donors in 2014 were worryingly low. [12] This lack of funding led to a decrease in the availability of services, the number of actors, and geographical coverage in 2014. [13] However, some new projects were implemented, in particular in the field of economic inclusion, physical rehabilitation, and psychological assistance through peer support. Psychological support and care remained among the biggest challenges in mine/ERW victim assistance in DRC in 2013. [14]

As in previous years, the size of the country, combined with the lack of transportation and infrastructure, armed violence, and the financial cost of obtaining assistance all made it difficult for survivors to access the limited number of services, which were available only in major cities. [15]

Assessing victim assistance needs

No new victim assistance needs assessments were conducted in 2014. [16] Victim assistance stakeholders largely worked from the results of the 2011 victim identification and needs assessment campaigns, conducted as part of the implementation of the National Strategic Plan for Assistance for Mine/ERW Victims and other Persons with Disabilities: November 2010–October 2011 (Plan Stratégique National d’Assistance aux Victimes des Mines/REG et autres Personnes en Situation de Handicap: Novembre 2010–Octobre 2011, PSNAVH). [17] Close to 500 mine/ERW survivors were identified among 1,000 persons with disabilities surveyed, identifying needs in healthcare, physical rehabilitation, and economic inclusion. [18] Also, in March–May 2010, national and international NGOs—including the Congolese Campaign to Ban Landmines and Cluster Munitions (CCBL) and the National Association of Landmine Survivors and Advocacy for Victims (Association Nationale de Survivants de Mines et de Défense des Interêts des Victimes, ANASDIV)—carried out a national needs assessments of mine/ERW survivors in cooperation with UNMAS. [19]

Victim assistance coordination in 2014 [20]

From 2013 through 2014, the Working Group on Victim Assistance (Groupe de Travail sur l’Assistance aux Victimes)—created in 2011 and chaired by the Secretary-General for Humanitarian Affairs of the Ministry of Social Affairs [21] —remained inoperative. [22] Only two coordination meetings took place, in March and July 2014. In 2014, UNMAS closed its Kinshasa offices, which led to a halt in all national coordination efforts on victim assistance.. [23] The role of coordination and planning was assumed by the Sub-cluster on Disabilities, which falls under the Health Cluster (led by the World Health Organization, WHO). [24] Meetings particularly focusing on physical rehabilitation were organized monthly, but they did not address survivors’ needs specifically. [25] The Sub-cluster gathers the Ministry of Social Affairs, represented by the Directorate for Coordination of rehabilitation activities for persons with disabilities (Direction de Coordination des Activités de Réadaptation des Persones Handicapées, DICOREPHA), the National Community Rehabilitation Programme (Programme National de Réhabilitation à Base Communautaire, PNRBC), and international organizations such as UNMAS, the ICRC, and Handicap International (HI). [26] NGOs and survivor organizations are also invited to participate. In 2014, the Sub-cluster on Disabilities also coordinated advocacy efforts on the CRPD and the adoption of a new disability law.

In October 2013, following advocacy from the Congolese Campaign to Ban Landmines and Cluster Munitions (CCBL), terms of reference were drafted for a “Monthly Meeting on Victim Assistance and Mine Risk Education” (“réunions mensuelles d’assistance aux victimes et d’éducation aux risques de mines”), which should replace the meetings of the Working Group on Victim Assistance. [27] As of December 2014, no meetings under these new terms of references had been organized. [28]

The National Strategic Mine Action Plan for the period 2012–2016 includes a chapter on victim assistance that draws on the PSNAVH. [29] Five strategic objectives have been set for victim assistance: (1) improved information and data management on survivors and their needs; (2) strengthened physical rehabilitation nationally; (3) development of psychological support in accordance with victims’ needs; (4) ensuring access to socioeconomic and professional rehabilitation; and (5) strengthened coordination mechanisms on victim rehabilitation. [30]

Funding to ensure the implementation of the victim assistance section of the National Mine Action Plan remained a key challenge throughout 2014. [31] In 2014, funding from the Japanese Ministry of Foreign Affairs for victim assistance through UNMAS ended and no more UNMAS financial support was available. Because many such NGOs depended almost entirely on funds raised by UNMAS, there was a significant decrease in the number of service providers. [32]

DRC provided updates on progress and challenges for victim assistance at the Mine Ban Treaty Third Review Conference in Maputo in June 2014 [33] and at the Convention on Cluster Munitions Fifth Meeting of States Parties in Costa Rica in September 2014. [34] As of 1 September 2015, DRC had not submitted its Mine Ban Treaty Article 7 report for the year 2014. [35] Victim assistance was reported in Form H of DRC’s voluntary Convention on Cluster Munitions Article 7 reports submitted in 2011, 2012, and 2013, but only briefly, with no detail or data.

Inclusion and participation in victim assistance

In 2014, mine/ERW survivors and their representative organizations, as well as disabled persons’ organizations (DPOs), were included in efforts towards the implementation of Mine Action Plan 2012–2016, and in meetings of the Sub-cluster on Disabilities. [36] In 2014, survivors participated in the provision of economic inclusion services, as well as in advocacy activities and peer support programs carried out by NGOs. [37]

Service accessibility and effectiveness

Victim assistance activities in 2014 [38]

Emergency and continuing medical care had limited support through government medical structures and there was a lack of accessible healthcare across DRC. [39]

The long distances to services, high financial costs of attaining them, and insecurity remained the greatest obstacles to accessing physical rehabilitation in 2014. [40] The PSNAVH estimated that just 20% of the population in need of physical rehabilitation services were able to access them. [41] There were only six rehabilitation centers operating effectively in the entire country. Even these lacked sufficient materials to produce enough prosthetics to meet existing needs. Trained orthopedic technicians were needed, especially in mine-affected areas. [42] In 2014, the ICRC continued to work in conjunction with three rehabilitation centers, Bukavu and Goma, and also in Kinshasa, where a partnership with one center was formalized. [43]

As in previous years, the ICRC did not provide direct support to centers in the country, except for some donations of equipment and tools, but instead covered the treatment costs of people directly affected by the conflict. After identifying and assessing patients, the ICRC referred them to centers with which it had cooperation agreements, also covering for transportation and accommodation costs. [44] The number of prostheses produced overall with ICRC support in 2014 increased compared to the past two years. [45] However in 2014, mine/ERW survivors only received 6% of all prosthetic devices produced with the assistance of the ICRC, [46] which was a decrease compared to 16% in 2012 and 10% in 2013. [47]

Psychological support remained an area where the largest needs and gaps existed in 2014. [48] In 2011, the PSNAVH had highlighted that little or no psychological support or social inclusion initiatives were available to survivors. [49]

The CNOPHAVM, a coalition of national NGOs that includes the CCBL, the ANASDIV, the Congolese Association of the Liberation and Development of Mothers with Disabilities (l’Association Congolaise pour la Libération et le Développement de la Maman Handicapée, ACOLDEMHA), the Congolese Medico-social Expert Center for Persons with Disabilities (Centre Congolais d’Expertise Médico-Social pour Personnes Vivant avec Handicap, CCEMS-PVH), and Parousia, developed psychological and peer support programs in the provinces of Kinshasa, North Kivu, South Kivu, and South Congo. [50] In 2014, the ICRC also provided psychological support to people suffering from conflict-related trauma at the rehabilitation centers it supported in Bukavu, Goma, and Kinshasa. [51] Social inclusion was also promoted through sports as the ICRC mentored the National Congolese Paralympic Committee to create a provincial basketball league in South Kivu, built a basketball ground in Bukavu, and furnished teams in three provinces with sport wheelchairs. [52]

In 2014, some national NGOs continued to implement projects offering economic inclusion services to mine/ERW survivors. The NGO AFRILAM launched a microfinance project for mine/ERW survivors in Kisangani, Province Orientale. [53]

The 2005 constitution includes special mention of support of war veterans and persons with disabilities resulting from war and also prohibits discrimination against all persons with disabilities, stipulates that all citizens must have access to public services (including education), and provides that persons with disabilities are afforded specific protection by the government. [54] However, the legislation was not effectively enforced and persons with disabilities often found it difficult to obtain employment, education, or government services. Legislation did not mandate access to buildings or government services for persons with disabilities. [55] A legislative proposal for a new law on protecting persons with disabilities and promoting their rights was drafted in 2012 with the involvement of NGOs. By December 2013, the draft had not been approved due to upcoming elections in 2016. [56]

In 2013, a series of advocacy activities and events targeting ratification of the CRPD, conducted though collaboration between UNMAS, ICRC, HI, the Ministry of Social Affairs, the Ministry of Health, and several national NGOs including DPOs, resulted in the national ratification of the CRPD in July 2013. [57] Accession did not occur, however, until September 2015.

[12] Responses to Monitor questionnaire by Francky Miantuala, President, National Committee of Organizations for Persons with Disabilities and on Mine Victim Assistance (Collectif National des Organisations des Personnes Handicapées et d’Assistance aux Victimes de Mines, CNOPHAVM), Kinshasa, 11 May 2015; and by Michel Omba Mabangi, Head of the Victim Assistance Services, CCLAM, 20 May 2015.

[13] Responses to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015; and by Michel Omba Mabangi, CCLAM, 20 May 2015.

[14] Response to Monitor questionnaire by Aurélie Fabry, UNMAS, Kinshasa, 15 April 2014.

[15] Ministry of Social Affairs, “PSNAVH,” Kinshasa, 24 February 2011; statement of DRC, Mine Ban Treaty Third Review Conference, Maputo, 24 June 2015; and responses to Monitor questionnaire by Valentin Tshitenge, Head of Medico-Social Care for Persons with Disabilities at the National Programme for Community-Based Rehabilitation (Programme National de Réhabilitation à Base Communautaire, PNRBC), 10 May 2015.

[16] Responses to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015; by Michel Omba Mabangi, CCLAM, 20 May 2015; and by Valentin Tshintenge, PNRBC, 10 May 2015.

[17] Responses to Monitor questionnaire by Louis Ibonge Numbi, Ministry of Social Affairs, Kinshasa, 3 May 2013; by Douglas Kilama, UNMACC, Kinshasa, 3 June 2013; by Francky Miantuala, CCBL, Kinshasa, 20 April 2013; by Dr. Tshitenge, PNRBC, Kinshasa, 8 April 2013; and by Christophe Asukulu M’Kulukulu, ADIC, Bukavu, 14 March 2014.

[18] Response to Monitor questionnaire by Louis Ibonge Numbi, Ministry of Social Affairs, Kinshasa, 25 May 2012.

[19] Interview with Kiadi Ntoto, UNMACC, Kinshasa, 17 April 2011.

[20] Statement of DRC, Mine Ban Treaty Twelfth Meeting of States Parties, Geneva, 4 December 2012; statement of DRC, Mine Ban Treaty Thirteenth Meeting of States Parties, Geneva, 3 December 2013; responses to Monitor questionnaire by Louis Ibonge Numbi, Ministry of Social Affairs, Kinshasa, 25 May 2012; by Louis Ibonge Numbi, CCLAM, Kinshasa, 17 April 2014; by Jean Marie Kiadi Ntoto, UNMACC, Kinshasa, 12 April 2012; by Francky Miantuala, CNOPHAVM, Kinshasa, 2 April 2014; by Aurélie Fabry, UNMAS, Kinshasa, 15 April 2014; and by Christophe Asukulu M’Kulukulu, ADIC, Bukavu, 14 March 2014; National Strategic Mine Action Plan in the Democratic Republic of Congo 2012–2016, pp. 38–40; Mine Ban Treaty Article 7 Report, Form J, 10 April 2012; and Convention on Cluster Munitions voluntary Article 7 Report, Form J, 10 April 2012.

[21] Responses to Monitor questionnaire by Louis Ibonge Numbi, Ministry of Social Affairs, Kinshasa, 25 May 2012; and by Jean Marie Kiadi Ntoto, UNMACC, Kinshasa, 12 April 2012.

[22] Responses to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015; and by Michel Omba Mabangi, CCLAM, 20 May 2015.

[23] Response to Monitor questionnaire by Michel Omba Mabangi, CCLAM, 20 May 2015; and interview with Francky Miantuala, CNOPHAVM, in Geneva, 21 June 2015.

[24] Responses to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015; and by Michel Omba Mabangi, CCLAM, 20 May 2015; and interview with Francky Miantuala, CNOPHAVM, in Geneva, 21 June 2015.

[25] Response to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015; and interview with Francky Miantuala, CNOPHAVM, in Geneva, 21 June 2015.

[26] Ibid.

[27] Responses to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 2 April 2014; and by Louis Ibonge Numbi, CCLAM, Kinshasa, 17 April 2014.

[28] Interview with Francky Miantuala, CNOPHAVM, in Geneva, 21 June 2015.

[29] Statement of DRC, Mine Ban Treaty Twelfth Meeting of States Parties, Geneva, 4 December 2012; and responses to Monitor questionnaire by Michel Omba Mabangi, CCLAM, 20 May 2015; and by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015.

[30] National Strategic Mine Action Plan in the Democratic Republic of Congo 2012–2016, pp. 38–40.

[31] Statement of DRC, Mine Ban Treaty Third Review Conference, Maputo, 24 June 2014; and responses to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015; and by Michel Omba Mabangi, CCLAM, 20 May 2015.

[32] Response to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015; and interview with Francky Miantuala, CNOPHAVM, in Geneva, 21 June 2015.

[33] Statement of DRC, Mine Ban Treaty Third Review Conference, Maputo, 24 June 2014.

[34] Statement of DRC, Convention on Cluster Munition Fifth Meeting of States Parties, 3 September 2014.

[35] Mine Ban Treaty Article 7 Report, Form J, 10 April 2012; and Convention on Cluster Munitions voluntary Article 7 Report, Form J, 10 April 2012.

[36] Responses to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015; by Michel Omba Mabangi, CCLAM, 20 May 2015; and by Valentin Tshintenge, PNRBC, 10 May 2015.

[37] Response to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015.

[38] Responses to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015; by Michel Omba Mabangi, CCLAM, 20 May 2015; and by Valentin Tshintenge, PNRBC, 10 May 2015; Ministry of Social Affairs, “PSNAVH,” Kinshasa, 24 February 2011; ICRC, “Annual Report 2014,” Geneva, 1May 2015; ICRC PRP, “Annual Report 2014,” Geneva, 2015. ; United States (US) Department of State, “Country Reports on Human Rights Practices for 2014: Democratic Republic of the Congo,” Washington, DC, 25 June 2015; and HI, “Democratic Republic of Congo,” undated.

[39] Statement of DRC, Mine Ban Treaty Third Review Conference, Maputo, 24 June 2014.

[40] ICRC PRP, “Annual Report 2014,” Geneva, 2015, p. 33.

[41] Ministry of Social Affairs, “PSNAVH,” Kinshasa, 24 February 2011, p. 20.

[42] Ministry of Social Affairs, “PSNAVH,” Kinshasa, 24 February 2011.

[43] The centers were the Centre Shirika La Umoja in Goma, the Centre pour Handicapés Heri Kwetu in Bukavu, and the Centre de Rééducation pour Handicapés Physiques (CRHP) in Kinshasa. ICRC, “Annual Report 2014,” Geneva, 12 May 2015, p. 137; and ICRC PRP, “Annual Report 2014,” Geneva, 2015, p. 33.

[44] ICRC, “Annual Report 2014,” Geneva, 12 May 2015, p. 137; and ICRC PRP, “Annual Report 2014,” Geneva, 2015, pp. 33–34.

[45] ICRC PRP, “Annual Report 2014,” Geneva, 2015, pp. 33–34; ICRC, “Annual Report 2013,” Geneva, 14 May 2014, p. 141; ICRC PRP, “Annual Report 2012,” Geneva, September, p. 32; ICRC PRP, “Annual Report 2011,” Geneva, May 2012, p. 31; and ICRC PRP, “Annual Report 2010,” Geneva, June 2011, p. 27. ICRC-supported centers produced 670 prostheses in 2010, 356 prostheses in 2011, 272 prostheses in 2012, 289 prostheses in 2013, and 320 prostheses in 2014.

[46] ICRC PRP, “Annual Report 2014,” Geneva, 2015, pp. 29–30.

[47] ICRC PRP, “Annual Report 2012,” Geneva, September, p. 32; and ICRC, “Annual Report 2013,” Geneva, 14 May 2014, p. 141.

[48] Response to Monitor questionnaire by Aurélie Fabry, UNMAS, Kinshasa, 15 April 2014.

[49] Ministry of Social Affairs, “PSNAVH,” Kinshasa, 24 February 2011, pp. 21–22; and response to Monitor questionnaire by Douglas Kilama, UNMACC, Kinshasa, 3 June 2013.

[50] Responses to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 2 April 2014, and 11 May 2015.

[51] ICRC, “Annual Report 2014,” Geneva, 12 May 2015, p. 137.

[52] ICRC PRP, “Annual Report 2014,” Geneva, 2015, p. 34.

[53] Responses to Monitor questionnaire by Francky Miantuala, CNOPHAVM, Kinshasa, 11 May 2015; and by Michel Omba Mabangi, CCLAM, 20 May 2015.

[54] The Constitute Project, “Congo (Democratic Republic of the)'s Constitution of 2005 with Amendments through 2011,” 2012.

[55] US Department of State, “Country Reports on Human Rights Practices for 2014: Democratic Republic of the Congo, ” Washington, DC, 25 June 2015, p. 29.

[56] ICRC PRP, “Annual Report 2014,” Geneva, 2015, p. 30.

[57] Email from Elke Hottentot, HI, 25 October 2013. The CRPD was ratified as Laws number 24/013 and 25/013. Email from Francky Miantuala, CCBL, 26 August 2013; response to Monitor questionnaire by Louis Ibonge Numbi, CCLAM, Kinshasa, 17 April 2014; statement of DRC, Mine Ban Treaty Thirteenth Meeting of States Parties, Geneva, 3 December 2013; and responses to Monitor questionnaire by Aurélie Fabry, UNMAS, Kinshasa, 15 April 2014; and by Francky Miantuala, CNOPHAVM, Kinshasa, 2 April 2014.