This article argues that the SADC Protocol on Gender and Development should serve as a key reference, not only to refine existing Congolese laws concerning incarcerated women but also to ensure that these laws lead to concrete reforms and real change.

Women in the Makala Central Prison

At Makala Central Prison in Kinshasa in the Democratic Republic of Congo (DRC), all incarcerated women are held in a single unit: Pavilion 9. While male detainees are classified and housed according to specific categories such as illness, youth, or severity of the offence, women are just… women. Regardless of their specific vulnerabilities, pregnant women, breastfeeding mothers, minors, sick or disabled individuals, whether convicted or awaiting trial, are confined together in a single unit. Among them, small children live alongside their mothers.

Makala Central Prison, officially named the Kinshasa Penitentiary and Rehabilitation Center, was built in 1957 to accommodate 1 500 people. Today, it holds over 12 000 inmates. Nationally, women represent only 4% of the prison population, and at Makala, they make up just 3% of the Makala prison population. Their small number contributes to their invisibilisation and the lack of attention given to their plural realities.

Yet these 3% translates into over 300 women, most of whom come from society's most marginalised groups and are often detained for minor offences such as petty theft or minor fraud, or due to family or neighborhood disputes. In 2020, nearly 80% of these women were in pre-trial detention, a figure that reflects the national trend. This means that the vast majority are awaiting trial, sometimes for years, even though the Congolese Code of Criminal Procedure sets a maximum duration of 115 days for investigation. A report by Avocats Sans Frontières highlighted that some detainees wait for years before their cases are addressed, even for minor offences.[1]

Beyond their invisibility and the overcrowding, these women face dire health conditions and serious security risks. These vulnerabilities were tragically laid bare during the night of 1-2 September 2024. Initially described as a ‘massive escape attempt’, the incident saw hundreds of male detainees break out of their pavilions. On their way out, the detainees invaded the women’s pavilion, committing widespread sexual violence and looting. The United Nations (UN) later reported that at least 268 of the 348 women held at the time were raped or sexually assaulted (that’s over 80%, not counting those too afraid to come forward).

Accounts collected by journalists and Non-Governmental Organisations (NGOs) were horrifying. One young woman told the French media Radio France Internationale (RFI): ‘Women were raped en masse. Seven men raped me... We were all raped, often by several men at once. Some prisoners are too ashamed to talk about it.’[2] Another survivor added: ‘After breaking into our unit, they entered the children’s room. They raped us all, including breastfeeding mothers and pregnant women.’[3]

As early as December 2023, the prison’s Deputy Director had already warned of a critical shortage of personnel, resorting to a self-governance system known as lisu likolo ya lisu (‘an eye over an eye’ in Lingala), where detainees govern themselves. There are no security cameras, partly due to lack of funding and frequent power outages.

This tragedy also exposed the alarming health conditions women face in prison. Marie Candide Velleda Tsatsa, National President of the NGO Cœur Pour les Femmes Prisonnières,[4] reminds us that in the DRC, one woman dies in prison every two days. After the events of September, this reality became even more obvious: although some women received initial medical attention, no one received ongoing follow-up care. One week later, ‘rape victims were given just two pills, for pregnancy and HIV prevention, but no psychological support so far.[5] The prison has a medical unit managed by a general practitioner. Equipment such as ultrasound machines was already limited before the incident, and much of it was destroyed or stolen during the attack.

Generally, the prison’s unsanitary conditions affect all inmates, but women are the most vulnerable. Many suffer from untreated infections, use makeshift sanitary pads during their periods, and sleep on surfaces that can hardly be called mattresses. Due to overcrowding, some are even forced to sleep in the toilets.

It is in response to this urgent need to prioritise women's dignity, promote gender equality in all areas, and guarantee equal access to healthcare that the proposal to leverage the SADC Protocol on Gender and Development becomes critical.

Congolese Law and the SADC Protocol on Gender and Development

Adopted in 2008 and revised in 2016, the SADC Protocol on Gender and Development is a regional legal framework that commits Southern African Development Community (SADC) Member States to promoting gender equality and women’s rights. It covers a wide range of issues, including women’s political participation, access to healthcare and education, economic justice, and the fight against gender-based violence. The 2016 revision aligned the Protocol with international frameworks such as the Sustainable Development Goals (SDGs) and the Convention on Elimination of Discrimination against Women (CEDAW).  

In the DRC, the Constitution guarantees human dignity and prohibits cruel and inhumane treatment. Law No. 11/008 on women’s rights reaffirms legal equality and calls for consideration of women’s specific needs, including in detention. The Code of Criminal Procedure mandates the separation of male and female detainees and requires special measures for pregnant women and those with children. However, a significant gap persists between these laws and the reality on the ground.

Leveraging the SADC Protocol for Women in Prison in the DRC

Equal Access to Justice

Firstly, let’s address the question of equal access to justice. In July 2024, 527 detainees were released following an overcrowding reduction initiative ordered by former Justice Minister Constant Mutamba. Most of them were men, even though 80% of the women at Makala are considered ‘without files’ (someone held in custody without any legal procedure, such as investigation, charges, or trial).

Article 7 of the SADC Protocol, which addresses equal access to justice, clearly states that ‘State parties shall enact and enforce legislation and take other measures to ensure the practical realization of equality for women’ and ‘encourage public and private institutions to enable women to exercise their legal capacity.’ Today, it is mainly NGOs, not the State, that provide legal support for women prisoners, connecting them with legal aid lawyers.

After the September 2024 events, NGOs also condemned how long it took to even access the victims and help them file complaints. Therefore, the State should: be held accountable and pressured to reform its justice system to correct what makes it so slow, with the objective of eliminating this ‘without files’ category definitively; ensure that every woman has access to a lawyer before even entering prison; and facilitate access for NGOs to access and assist detainees.

Ensuring the Safety and Protection of Women in Detention

The State also bears responsibility for ensuring the safety and protection of women in detention. On the night of the attack, Pavilion 9’s women and children were completely unprotected. During the ensuing trial, lawyers from the human rights group LIZADEEL called for the State to be held accountable for failing in its constitutional duty to protect inmates, particularly vulnerable ones[6].

This duty would be reinforced by Article 20 of the SADC Protocol, which commits States to prevent all forms of gender-based violence. Protection must meet the standards of a state institution and include a security system, particularly for vulnerable units like the women and children’s pavilion, video surveillance and internal monitoring systems, and independent oversight, such as regular visits by international observers, and public reporting mechanisms.

Access to Health Care

Lastly, the Protocol clearly states that incarcerated women must have access to healthcare, particularly those who have experienced sexual violence. If Article 20, stating that ‘State Parties shall, by 2015, ensure that laws on gender-based violence provide for the comprehensive testing, treatment and care of survivors of sexual offences’, had been enforced, victims of the September attacks would still be receiving both medical and psychological care.

The prison’s general doctor highlighted the need for a gynaecologist and a paediatrician in the prison.

The prison is also in need of consistent medicine supplies, all currently provided by NGOs, but still insufficient. It is Article 26 that guarantees to women, ‘including incarcerated women, the provision of necessary hygiene and health services and meeting their nutritional needs.’ Enforcing this article would mean distributing menstrual hygiene products, soap, but also providing more than the one meal per day they currently have, which consists only of food with low nutritional value.

Conclusion

As the Congolese government initiates new reforms aimed at prison decongestion and systemic improvement, these efforts must not relegate women to a footnote in national justice policies. All NGOs working in this field advocate for the creation of prisons exclusively for women, with specialised facilities that take into account their diverse needs, an appeal supported by Article 5 of the Protocol on affirmative action. The horrors witnessed at Makala Prison are a stark reminder that invisibilising women leads not only to neglect but to catastrophe. Future reforms must uphold the principle that gender equality is not optional — it is foundational to justice itself.

[1] Avocats Sans Frontières. État des lieux de la détention provisoire en République démocratique du Congo, juillet 2006 - avril 2008. September 2008.

[2] RFI Afrique. “RDC: Une soixantaine de détenus de Makala jugés pour notamment vandalisme et viols durant la tentative d’évasion.” RFI Afrique, 13 September 2024. (quote translated from French to English by the author)

[3] TV5 Monde. Le Journal Afrique, 12 September 2024.

[4] Top Congo FM. “Le Débat au Féminin — Les prisons de la RDC : un enfer pour les femmes détenues?” Top Congo FM, 9 November 2024.

[5] RFI Afrique. “RDC: Une soixantaine de détenus de Makala jugés pour notamment vandalisme et viols durant la tentative d’évasion.” RFI Afrique, 13 September 2024.

[6] TV5 Monde. Le Journal Afrique, 12 September 2024 (in French).