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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents