Gender, flight and neglect: an examination of the sexual and gender-based violence against Congolese women refugees

This paper examines the experiences of Congolese refugee women in their flight from conflict, examining the SGBV perpetrated against them therein. The experience of SGBV throughout flight is examined in order to ascertain its nature and intent. It is important to determine the pattern of sexual violence and whether or not the use of sexual violence is random or a strategic and systematic tool for multiple and widespread displacement. The paper also looks beyond the movement of people internally, and examines the population flow across state borders. In doing so, the paper assesses the consideration of gender in the paradigm of international law. Refugee law based on the 1951 Convention Relating to the Status of Refugees is examined from a gendered perspective to determine to what extant women’s persecution is considered or ignored throughout the legal process of refugee determination. The paper critically examines the gendered language and application of the Convention’s definition of a refugee and especially the use of the public/private binary in the examination of applicant’s experiences of persecution. Ultimately, this paper explores the insecurities of Congolese women, and the effectiveness of international refugee law to remedy said insecurity