A/HRC/10/59 page 24 DRC on prior occasions, which remain overall valid since the authorities have heeded few of them. Some of the recommendations call for full implementation or expansion of existing programmes and projects undertaken within MONUC or on a bilateral basis while others complement existing with new reform activities. 1. Fighting impunity and strengthening the law enforcement and justice sectors 91. Fighting impunity should be the number one priority as tolerance for killings, rapes or arbitrary displacement is a key reason for the continuing prevalence of these and similar human rights violations. The fight against impunity requires a strong political will on the part of the DRC authorities to take action against identified perpetrators of international crimes regardless of their rank or connections. The work of the International Court of Justice may supplement, but not replace national efforts. However, the impunity problem undeniably also has a capacity dimension. On the basis of the various action plans drawn by relevant Ministries, donors should continue to prioritize reform across the entire justice chain - police, prosecution, courts and especially also the penitentiary system. In the medium- and long-term such efforts will only be useful and sustainable if the Government itself shows a willingness to increase the justice portion of the national budget further to an acceptable level comparable with other countries (2-6 per cent). 92. At the national level, donors should emphasize support for the newly established Higher Council of Judges. Support for other elements of the judicial architecture set out by the Constitution, including the Cour de cassation, the Constitutional Court and the Conseil d’État, will also be needed, once the legislation to establish these institutions has been passed. Civilian jurisdiction needs to be further strengthened through legislation assigning criminal jurisdiction over perpetrators from among the police or civilian population to civilian prosecutors and courts. Nevertheless, the military justice system should not be neglected in donor efforts. Security sector reform partners should consider providing, at least in the conflict affected provinces, experienced military advocates from their militaries as advisors to military prosecutors and courts. They would assist in and monitor the daily work of these organs without, however, assuming any decision-making authority. 93. Perhaps even more important is the expansion of the state justice system in the rural territories. One state measure worth supporting would be the establishment of a network of justices of the peace that are linked up with traditional modes of dispute-settlement as well as of mobile higher courts to address more serious cases. Measures to increase payment and other support for those officials who are willing to serve in conflict zones, remote areas or other hardship posts may help addressing the chronic lack of qualified personnel in these areas. 94. International law does not only oblige the State to duly punish perpetrators of killings, sexual violence and other violent crime, but the State also has to ensure that the victim or surviving family receives compensation from the perpetrator’s side. Moreover, ensuring compensation payments will motivate victims to claim justice, rather than accepting amicably settlements or staying silent altogether. Consideration should be given to establishing a compensation guarantee fund, managed jointly by the Government, participating donors and civil society, which would pay out compensation awarded by national courts or the International Criminal Court to victims of serious human rights

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