15.04.11 Human Rights Watch – DR Congo: Strengthen Plan for War Crimes Trials

 (Kinshasa)
– Congo's government should revise and strengthen proposed legislation for a
specialized mixed national/international court to hold perpetrators of serious
human rights abuses to account, Human Rights Watch and the Congolese Coalition
for Transitional Justice (CCJT) said today. The recommendations for improvements
and a plan for supporting the court's work grew out of a joint effort on April
6-8, 2011, in Goma, North Kivu, by Congolese and international officials and
civil society.

Human Rights
Watch and CCJT sponsored the conference in Goma to discuss possible improvements
to the draft law prepared by the Congolese government to establish a specialized
mixed court in Congo – a national court with a degree of international
involvement – to try war crimes, crimes against humanity, and other serious
human rights abuses committed on Congolese soil since
1990.

"Establishing a mixed court can help break the vicious cycle of
violations and impunity in Congo," said Géraldine Mattioli-Zeltner,
international justice advocacy director at Human Rights Watch. "Addressing civil
society's key concerns will be essential so that the court can effectively
deliver justice to victims through fair trials. The victims deserve nothing
less."

Minister of
Justice and Human Rights Luzolo Bambi indicated that the draft bill will be
introduced at the current session of Parliament, which ends on June
15.

Minister
Luzolo Bambi and the United States war crimes ambassador, Stephen Rapp, were
among over 100 participants at the conference, including other Congolese
government officials, diplomats, United Nations officials, representatives from
international nongovernmental organizations, and members of Congolese civil
society from each of the country's 11 provinces.

The first
part of the conference focused on the draft law to ensure that the mixed court
will be truly independent and effective.

The second
half was reserved for national and international civil society activists to
discuss the draft law and to prepare an advocacy plan to secure its adoption and
interact with the specialized mixed court once
established.

Civil
society participants adopted a "Common Position" on the proposed law – a written
document expressing overall support for the proposed mixed court, provided key
amendments are made to guarantee the court's independence, credibility, and
effectiveness. Key areas for improvement include requiring international
personnel in all of the court's organs, extending the court's jurisdiction to
include current crimes, clarifying a role for victims and the protection of
witnesses in the trial process, and enhancing defendants' rights. Several civil
society representatives formally presented the "Common Position" – signed by 34
Congolese and international nongovernmental organizations – to Minister Luzolo
Bambi at a meeting in Kinshasa on April 13.

"The
Congolese Justice Minister, potential donors to the court, and others involved
should act quickly to ensure necessary amendments, including those identified by
civil society, are made before the draft legislation is presented to
Parliament," said Raphaël Wakenge, coordinator of the CCJT. "Strong legislation
is essential to help effect a shift from the culture of impunity to one of
accountability in Congo."