DRC: EU Should Provide Funding for Judicial Reforms

EU Should Provide Funding for Judicial Reforms in D.R. Congo

(London, February 6, 2004) - President Joseph Kabila of the Democratic
Republic of Congo should prioritize justice for the horrific crimes
committed in the country's five-year war, Human Rights Watch said in a
briefing paper released today.

This week President Kabila is visiting Europe to meet with the British,
French, German and Belgian governments to discuss their provision of
support for the Democratic Republic of Congo (DRC). The European
Commission, in conjunction with U.N. agencies and potential European
donors, initiated a mission of independent experts to assess the justice
system in the DRC and is expected to recommend funding priorities to the
European Union next month.

The 12-page briefing paper, "Confronting Impunity," highlights significant
problems in the DRC limiting the capacity of national courts to prosecute
the most serious crimes. Human Rights Watch also makes concrete
recommendations of initiatives to ensure that justice can be done.

"Justice for past crimes can help avert worse horrors in the future," said
Alison Des Forges, senior advisor to Human Rights Watch on the Great
Lakes. "President Kabila should move justice to the top of his agenda."

Human Rights Watch urged the European Commission to recommend funds to
improve the DRC's capacity to prosecute some of these crimes,
complementing possible prosecutions at the International Criminal Court.
In particular, Human Rights Watch called for European Union funding for
the immediate creation of a mobile investigative unit to collect and
preserve evidence in the DRC.

"The first step toward prosecution is getting the evidence," said Des
Forges. "With limited staff and resources available for this work, the DRC
needs the help of international experts in investigating and prosecuting
war crimes."

Britain, France and other members of the United Nations Security Council
have often called for justice in the DRC, but the national justice system
has had no substantial investment for over a decade and most of the courts
do not function. President Kabila's visit to Europe will provide an
opportunity for major donors to pledge the resources necessary to make
justice a reality.

All of the warring parties have committed systematic human rights offenses
against civilians during the war. In many parts of eastern DRC, such as
Ituri, North Kivu, South Kivu, and northern Katanga, armed groups continue
to fight and commit widespread violations of international humanitarian
law, including ethnic massacres, sexual violence, and recruitment of child
soldiers.

In July 2003 the prosecutor of the International Criminal Court (ICC),
Luis Moreno Ocampo, indicated that he is following the situation in Ituri
closely. However, the ICC has the authority to prosecute only those crimes
committed after July 1, 2002, when the ICC treaty came into force.
Additionally, the ICC will have the resources to prosecute only a small
number of alleged perpetrators.

The briefing paper is available online at:
http://hrw.org/english/docs/2004/02/02/congo7230.htm

For other reports on the DRC, see http://www.hrw.org/doc?t=africa&c=congo

Human Rights Watch Press release