A/HRC/19/48 due to lack of funding. The High Commissioner welcomes the call made by the Minister of Justice and Human Rights to establish liaison bodies in the provinces; none has yet been created. Parliament has still not adopted the draft law concerning the establishment of a national commission for the promotion and protection of human rights in accordance with the Paris Principles. Activities of the United Nations Joint Human Rights Office 48. UNJHRO has developed several tools to assist the Government and judicial authorities in strengthening the criminal justice system. Besides following up on the parliamentary proceedings concerning the draft laws to reform the criminal justice system, such as the draft law on the specialized court, UNJHRO is involved in advising parliamentarians on the content of the draft laws and on possible amendments. 49. The High Commissioner dispatched an OHCHR mission to the Democratic Republic of the Congo from 27 to 31 March 2011 to step up discussions with the Government and other partners to follow-up on the report on the most serious violations of human rights and international law committed in the country between March 1993 and June 2003. The mission discussed the transitional justice options contained in the report and stressed the need for constitutional change in order to abolish the judicial privileges and immunities of high-ranking military and civilian authorities suspected of having committed international crimes. OHCHR also shared comments on the draft law establishing specialized chambers with the Government, members of Parliament and civil society. At the time, OHCHR expressed concerns about some of the provisions of the law, including those related to the lack of independence of the judges, the lack of clarity with regard to the role of the Prosecutor, the applicable legal framework, the unconstitutional nature of some of the provisions, as well as the possibility of applying capital punishment. OHCHR stressed that failure of the law to comply with international standards would undermine the credibility of the specialized court and, consequently, the willingness of key donors and international judges to support and participate in this process. The mission also pointed out that the establishment of a specialized court should also contribute to a broader effort to strengthen national capacity in the area of the rule of law and administration of justice. 50. In cooperation with MONUSCO, United Nations Development Program (UNDP) and other partners, UNJHRO is providing logistical and technical support to the judiciary. In order to enable the Ministry of Justice and Human Rights and the Prosecutor’s offices to better monitor and implement improvements in judicial activity, UNJHRO, in partnership with the Government, is developing a database which will increase the efficiency of the administrative processing of cases and enable analysis of the outcome of cases and the performance of the judiciary. Obstacles 51. The obstacles mentioned in the High Commissioner’s previous reports persist with regard to the administration of justice and the fight against impunity. 32 Inadequate resources prevent cases from being treated promptly and efficiently, make magistrates potentially susceptible to corruption and force them to request user fees from civilians seeking judicial recourse. This renders the justice system inaccessible to the majority of the population, undermines its neutrality and impartiality, and consequently erodes trust in the system. Often, when a judicial decision is issued, justice remains undone due to the systematic failure to enforce these decisions. 32 16 A/HRC/13/64, para. 42; and A/HRC/16/27, para. 58.

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