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4 - Local Justice Institutions and Opportunities Created by State Fragility

from Part I

Published online by Cambridge University Press:  04 May 2018

Milli Lake
Affiliation:
London School of Economics and Political Science
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Summary

New sexual offence laws have frequently been used in local courts in eastern DR Congo to uphold and protect the rights of victims in sexual and gender-based violence cases. Courts at the trial and appellate levels in South Africa; however, have rendered surprisingly conservative rulings with regard to sexual and gender-based violence, sometimes in clear violation of South Africa’s laws. This chapter examines how and why justice institutions in eastern DR Congo have been responsive to legislative reforms, whereas courts in South Africa fail to comply with new laws. Activists in eastern DR Congo have exploited openings created by state fragility to assume direct responsibility over activities normally undertaken by government agencies, such as organizing and funding criminal trials. While South African human rights activists could influence new laws in the country’s transition to democracy, government enthusiasm for gender protections waned in the years since transition. A lack of commitment on the part of political elites has meant that efforts by NGOs and gender activists in South Africa have been stymied.
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Chapter
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Strong NGOs and Weak States
Pursuing Gender Justice in the Democratic Republic of Congo and South Africa
, pp. 100 - 151
Publisher: Cambridge University Press
Print publication year: 2018

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