May 31 | Kinshasa, DRC
PGA together with Réseau Parlementaire pour les droits humains (Repadhoc) organized a workshop where 60 MPs from DRC discussed the challenges of putting an end to impunity for those allegedly responsible for the commission of international crimes in the context of the conflict in DRC, through national judicial mechanisms and the complementary role of the ICC.
Dep. Dieudonné Upira, Chair of the PGA-DRC Group opened the workshop by stressing the importance of adopting promptly the Draft legislation to implement the ICC Statute in the DRC, which is now to be examined by the National Assembly Plenary due to its essential role in setting up of an effective complementarity system that would provide access to justice for Congolese victims in their own country.
The sessions consisted of interventions by experts (Mr. Georges Kapiamba, Mr. Franck Mulenda and Mrs. Justine Masika) on the necessary reforms to fight against impunity, on the challenges of the current judicial system and on victims’ rights. Mr. Franck Mulenda explained that the definition of war crimes under domestic law does not match the international definition as established by the Rome Statute. This reinforces the need to adopt the Rome Statute’s implementing legislation as soon as possible by the Plenary of the Chamber of Deputies, where PGA Members have been promoting its adoption after having tabled the legislation (Dep. Balamage’s ICC Bill of September 2012) and successfully promoted its approval at Committee level.
The experts also addressed questions concerning the right to appeals, the jurisdiction of military courts and constitutional immunities. In relation to the latter point, an issue of concern was Article 107 of the DRC Constitution that provides for immunities for MPs while the Rome Statute clearly establishes that there shall be no immunities for international crimes, in conformity with the Nuremberg precedent and general international law. It is worth noting however that no Constitution can attribute immunities that do not exist under International Law, and that there is no immunity for genocide, crimes against humanity and crimes before national Courts exercising jurisdiction on its own nationals or territories and before the ICC. The DRC Constitution shall be interpreted in line with customary international law.
The event was viewed as a big success, due to its large and interactive participation and relevant media coverage. PGA wishes to thank everyone who made it possible and expresses its commitment to continue to promote universal ratification and effective implementation of the Rome Statute and the creation of a Rules-Based International Order for a more equitable, safe and democratic world.
