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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