A/HRC/19/48 Obstacles 43. As a result of various factors, including impunity, security forces and law enforcement and intelligence agents remain susceptible to instrumentalization by political actors. Moreover, economically disadvantaged and socially excluded groups, especially youth, are prone to incitation to violence by political leaders, who often do not call on their supporters to abide by the laws and respect public order during demonstrations. G. Administration of justice and fight against impunity Recommendations 44. It has been recommended that the Government strengthen its judicial and law enforcement systems and that Parliament give priority to the adoption of fundamental laws to reform the judicial system, in order to bring it in line with international standards. The High Commissioner, inter alia, called on the Government to adopt legislation implementing the Statute of the International Criminal Court. It should also enable the judiciary to work independently, inter alia, by improving the working conditions of the judicial personnel. The Government should increase the budget allocated for the functioning of the justice system to at least 2 per cent of the national budget. Moreover, the Government should ensure that the military courts and tribunals only try the military for military offences, in accordance with applicable international norms. 28 Measures taken by the Government and current situation 45. In follow-up to the report on the most serious violations of human rights and international humanitarian law committed in the Democratic Republic of the Congo between March 1993 and June 2003,29 and its recommendations, the Minister of Justice and Human Rights devised a draft law concerning the creation and organization of a specialized court, composed of national and international judges, to deal with crimes committed during the aforementioned period. On 22 August 2011, the Senate decided to return the draft law to the Government for review. The draft laws on the incorporation of the Statute of the International Criminal Court into national legislation and on the establishment of a national commission for the promotion and protection of human rights in accordance with the Paris Principles are still under discussion in Parliament.30 46. By January 2012, the Ministry of Justice and Human Rights planned to have trained and deployed approximately 1,000 additional magistrates all over the country. The judiciary would thus be reinforced by almost 2,000 extra magistrates as compared to the beginning of 2010. However, the general budget of the Ministry of Justice and Human Rights has not been increased correspondingly. As a result, the working conditions of these magistrates in the provinces remain dire. 47. As mentioned in the High Commissioner’s previous report, the human rights liaison body (entité de liaison des droits de l’homme) is not yet functioning properly,31 inter alia, 28 29 30 31 See footnote 3. OHCHR, Report of the mapping exercise documenting the most serious violations of human rights and international humanitarian law committed within the territory of the Democratic Republic of the Congo between March 1993 and June 2003, August 2010. A first draft law to incorporate the Rome Statute in national legislation was submitted to Parliament in 2003, but was never discussed. The current proposal was presented in the National Assembly on 23 April 2008. A/HRC/16/27, para 53. 15

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