• Location: one central office in Kinshasa, three branch offices in Bukavu, Kindu and Mbandaka
• Date of establishment: 2002
• Team: 4 expatriates, 27 local collaborators and 186 collaborating lawyers
• Objective: contribute to the emergence of the rule of law through the establishment of a fair system of justice
• Funding: Belgian Ministry of Cooperation and Development, MacArthur Foundation, European Union.

Background

In spite of elections in 2006 that were considered democratic by the international community, the DRC is struggling to emerge from a cycle of conflict into a phase of real development led by good governance.  Economic power remains concentrated in the hands of a small minority and corruption is rampant.  The government succeeds one another but remains weak, while the conflict in the eastern part of the country keeps stopping and starting pursuant to various peace accords, changes of alliances and demands by both Congolese and foreign armed groups. These ongoing battles, intensified by the renewal of major military operations, are the cause of serious mass violations of human rights, and result in the displacement of significant numbers of persons, which only serves to increase the economic and political insecurity of the regions of North Kivu, South Kivu and Ituri. 

During the past year, room for the exercise of civil rights has been reduced even further, as some international radio stations have been prevented from broadcasting, while numerous human rights activists have been subject to arbitrary arrest and Congolese journalists are regularly threatened and even assassinated – all without arousing the attention of the authorities. 

Given that local elections are scheduled for 2010 and presidential and legislative elections for 2011, the establishment by the President of a Commission for an ‘evaluation of the Constitution’ is of serious concern.  This Commission, composed of members of the presidency, the administration, the legislature, the senate and the Supreme Court of Justice, has a mandate to review certain provisions of the constitution, such as the presidential term of office (currently set at five years per term with a maximum of two terms), which would change to seven years without limitation on the number of terms.  Another amendment would permit the President of the Republic to preside over the Supreme Council of the judiciary.  During the past year, a hardening of attitudes towards NGOs has been observed, and attacks against their members have been steadily increasing in the eastern provinces. 

Notwithstanding the peace agreements in March 2009 between the Government, the CNDP and other armed groups in South and North Kivu, the year was marked by a drastic increase in mass violations of human rights, primarily affecting the residents of Kivu, who are the hostages of all parties to the conflict: rape, pillage, murder, and the displacement of hundreds of thousands of people. 

A new law has defined the status of judges, and enshrined the principles of the separation of the State and the judiciary, and of the independence of the judiciary. Nevertheless, this constitutional reform needs to be accompanied by major additional measures in order to make that independence a reality.  

The justice system is continually neglected as the ‘poor relation’ among the three traditional branches of government (legislative, executive and judicial). On the ground, despite an improvement in the status of judges (by the regular payment of salaries), and the establishment of several local level courts, a real improvement in good practices and change of attitudes on the part of the population (which still tends to resort to arbitrary methods of dispute resolution) has yet to be observed.  In relation to the Plan of Action for Justice (2008-2012) adopted by the Government, there does not appear to be at present a coherent and concerted effort to implement it.

With respect to the plan to fight against impunity for international crimes, the explicit refusal of the Congolese authorities to arrest Bosco Ntaganda as required by the arrest warrant issued by the ICC is deplorable.  In addition, the Congolese Government has not removed known perpetrators of violations of human rights from the ranks of the army.  Very few cases concerning officers or important figures are brought before the courts.  The total absence of political will to prosecute those responsible for crimes is the most serious obstacle to the administration of justice.

However, there is cause for celebration in that the draft law on implementation of the Statute of Rome is on the agenda for the next session of the National Assembly.  The adoption of that law would represent a significant step forward in the fight against impunity.

Programmes

ASF aims to contribute to the emergence of the rule of law by improving access to justice among vulnerable groups and individuals, and by promoting the independence of the Congolese justice system.  The programmes of the Organisation can be divided into the following categories:

1. Access to justice

These activities aim to re-establish the link between the population and the justice system, in order to promote formal justice as a non-violent means of resolving disputes:

• Legal aid clinics
• Support to bar associations in Kinshasa and the provinces
• Legal assistance for persons in preventive detention
• Logistical support to prosecutors and detention review hearings
• Mobile court hearings
• Advocacy and publication of research findings

These activities are carried out in Kinshasa as well as in the provinces of Equateur, Maniema and Nord-Kivu, where ASF has branch offices.

2. Fight against impunity for war crimes and crimes against humanity

      ASF is seeking to put an end to the cycles of violence in the DRC, which are at least partly a result of the impunity that reigns in the country.  The focus is on war crimes and crimes against humanity committed in the DRC since the war of 1996.
The following activities are being implemented in this regard:      

• Training of lawyers
• Training and mentoring of NGOs who work with victims
• Financial support to those NGOs
• Legal representation for the accused and victims in trials in the DRC
• Legal representation for victims in cases before the ICC
• Advocacy for the rights of victims

These activities cover the entire country, except those that relate to the training of judges and support to NGOs, which are limited to the six provinces most affected by the war and ongoing violence: the two Kivus, Eastern Province, Equateur province, Katanga and Maniema.

3. Fight against impunity for sexual violence

Sexual violence is rampant in eastern DRC. Each day, women and children are raped and profoundly traumatised.  The United Nations estimates that there are already more than 50,000 victims of sexual violence in the country, half of them in South Kivu. 

The ASF programme includes:

• Free legal consultations and representation for victims before local courts
• Specialised lawyers to support victims of sexual violence at mobile court hearings
• Training and preparation of guidelines for lawyers to enhance their capacity to support victims
• Research on case law on sexual violence and the dissemination of a collection of key cases among legal professionals
• Training of justice personnel who participate in the mobile court hearings

4. Fight against torture and inhuman or degrading treatment

ASF carries out a regional programme that covers eastern DRC, Rwanda, Burundi and Uganda, which includes:

• Provincial roundtables on impunity
• Legal representation for cases in the DRC
• Monitoring
• Research on doctrine and legislation on the topic in the DRC

Links

• ASF's publications

Pictures: Valérie Dumoulin