Global Facilitation Network for Security Sector Reform (GFN-SSR)

Justice-Sensitive Security System Reform in the Democratic Republic of Congo

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What effect has a legacy of impunity for human rights violations had on the security sector in the Democratic Republic of Congo (DRC)? How can the EU incorporate justice-sensitive reform initiatives within security system reform (SSR) programmes? This paper from the Initiative for Peacebuilding examines the need for justice-sensitive SSR in the DRC. It argues that strengthening accountability and integrity in the security system is a priority for SSR which has yet to be addressed in the DRC.

The legacy not only of the DRC’s conflicts, but also of its peace accords and patterns of governance is entrenched impunity for human rights violations. As a result, soldiers and police officers pose a serious threat to the population and to women and children in particular. Tackling the culture of impunity for the most serious offences, including rape and sexual violence, will help to prevent future abuses. It will also help to change the culture of normalisation of human rights violations and contribute to building confidence in the security system.

The security system in the DRC faces a number of problems:

• Political will for SSR amongst the DRC’s military and political establishment is largely lacking and there is a lack of an overall vision for SSR. Attempts to reform the military will challenge the power and wealth of influential people.
• The majority of the army is badly trained at best and there is no unified chain of command. The army is ill-disciplined and contains within its senior ranks those who are believed to have committed serious human rights violations.
• The police are largely incapable of investigating crime, particularly sexual violence and crimes against children. There are widespread reports of extortion, illegal detention, torture, arbitrary killing and sexual violence by police officers.
• An organic law elaborating the structure of the police force is yet to be passed due to conflict between the Ministries of Justice and the Interior. A fundamental question remains over the role of the police. Democratic oversight remains a challenge.
• The justice system is unable to deliver day-to-day rule of law or accountability for serious crimes and human rights abuses. Women face almost insurmountable obstacles in seeking justice including for rape and sexual violence.
• Military tribunals have jurisdiction over international crimes, but have been largely unable to try cases against senior officers. While military courts have made successful convictions, those convicted have not remained in jail or paid damages.

• use diplomatic and developmental tools to encourage the successful prosecution, preferably through the Congolese system, of perpetrators of human rights violations within the security system;
• support a reflection and consultation process with the Congolese authorities, international community and other stakeholders to examine options for vetting processes within the security system;
• try to mobilise public opinion to create pressure on elites to engage effectively in reform initiatives; and
• support the UN Mapping Exercise, particularly in addressing gender perspectives.

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