Failure to protect against gender-based discrimination and violence violated Covenant

Facts

The authors are Furaha Lugumire and her husband Blaise Barhatulirwa, both nationals of the DRC. Ms. Lugumire was a nurse at a hospital caring for victims of sexual violence. She was harassed and threatened, which she reported with no effect. She was attacked, kidnapped, and sexually assaulted. A complaint was filed and she was interviewed, but the complaint was not investigated. She was prosecuted for spreading “false rumours” and “inciting rebellion.” A group of youths attacked the authors, necessitating them to seek medical treatment. The authorities did not follow up. The family suffered stigma and sought asylum in Uganda. The authors claim violations of their rights under articles 6 (1) (right to life), 7 (prohibition of torture; cruel, inhuman or degrading treatment), 9 (1) (right to security), read alone and in conjunction with articles 2 (1) and (3), 3 (prohibition of gender discrimination) and 26 (non-discrimination). They claim violations of the rights of Ms. Lugumire under article 17 (prohibition of interference with family/home; honour or reputation) and 23 (right to family life) and the rights of Mr. Barhatulirwa under article 7, alone and in conjunction with article 2.

Admissibility

The State party did not contest the claims’ admissibility. As almost 10 years had passed since the authors’ first complaint filed with the State party, and since unreasonably prolonged domestic remedies that are not efficient do not preclude the Committee from considering a communication, the claims were admissible.

Merits

The State party failed to protect Ms. Lugumire from threats in violation of articles 6 and 9, alone and in conjunction with article 2 (3). The State party violated article 7 by failing to provide Ms. Lugumire with protection based on the threats she reported before she was kidnapped, although the State party was aware of the high risk to her of sexual and general violence. The State party violated article 7, alone and in conjunction with article 2 (3), by failing to investigate the claims to obtain redress for the harm suffered. These State party omissions demonstrated a failure to discharge the obligation to protect Ms. Lugumire from gender-based discrimination in violation of articles 2 (1), 3 and 26 read in conjunction with articles 6, 7, and 9. Ms. Lugumire suffered an arbitrary and unlawful invasion of her privacy and family life in violation of article 17, alone and in conjunction with article 23. The facts disclosed a violation of article 7, alone and in conjunction with article 2 (3), with respect to Mr. Barhatulirwa.

Recommendations

The State party should, inter alia:

a) Continue in a prompt, effective, thorough, independent, impartial and transparent manner the investigation of the facts alleged by the authors in their three criminal complaints;

b) Prosecute and try those responsible for the alleged violations and punish them in a manner that is commensurate with the gravity of the violations;

c) Provide the authors with detailed information about the results of the investigations;

d) Provide the authors with adequate compensation, including the means necessary to cover the cost of medical care and psychological rehabilitation, and social and economic reintegration measures.

Implementation

Deadline for implementation: 6 September 2023