A/HRC/10/59 page 18 provided with the budget and freedom from political interference to carry out its functions. Moreover, the judicial architecture demanded by the Constitution has to be completed. The adoption of legislation to establish the Constitutional Court, Court of Cassation and the Council State was still pending when this report was finalized. 65. While several constitutional rights have been incorporated in the pertinent domestic laws, important constitutional provisions still lack implementation at the legislative level. For instance, the Constitution limits the jurisdiction of military courts to offences committed by members of the armed forces and the national police. However, this important constitutional provision has not yet been incorporated into the Military Judicial Code, which provides the military justice system with jurisdiction over civilians in a number of constellations. 66. Positively, a draft law to implement the Rome Statute of the International Criminal Court has been placed on the agenda of the National Assembly, which would (among other things) transfer jurisdiction over all acts amounting to international crimes to civilian courts, even if the perpetrators are members of the military or police. 67. Issues of justice and accountability in relation to the massive human rights violations committed during the armed conflicts between 1993 and 2003 have hardly been addressed in the Global and Inclusive Agreement on the Transition in the Democratic Republic of the Congo of 2002 and subsequent peace initiatives such as the Conference on peace, stability and development in North and South Kivu held in Goma in January 2008. The United Nations is currently mapping the major human rights violations committed between 1993 and 2003; this will provide a basis of knowledge on which appropriate transitional justice mechanisms can be built. 2. Role of non-state armed groups and condition of the state security sector 68. In paragraph 9 (a) of its resolution S-8/1, the Council identified the establishment of militia as a root cause of the conflict and the basis of human rights violations and the humanitarian crisis in the region. As indicated above, non-state armed groups are responsible for many of the worst atrocities committed in the eastern part of the country. To some extent, these groups manipulate local grievances over land to recruit fighters from the destitute population, while using the illegal exploitation of natural resources to sustain themselves (see paragraphs 73 to 77 below). Insufficient reintegration support from earlier disarmament, demobilization and reintegration processes also make it easy for armed groups to re-recruit former fighters, including former child combatants. 69. However, armed non-state groups also receive governmental support, which sustains their existence and is a cause of particular concern. In its final report of December 2008, the Group of Experts on the Democratic Republic of the Congo appointed by the Sanctions Committee of the Security Council put forward evidence that FARDC collaborated with FDLR, including through the provision of military equipment and in joint operations against CNDP.29 The Group of Experts also found evidence linking FARDC commanders to PARECO and Mayi-Mayi non-state 29 S/2008/773, paras. 102-113.

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