June 12-13, 2013: In the context of the ongoing process to reform the judicial system of the Democratic Republic of the Congo and to fight against impunity for the most serious crimes of international concern, PGA organised a “Seminar for Legislators on measures to implement the principle of complementarity between domestic jurisdiction and the ICC on 12 and 13 June, which was hosted by the Parliament of the DRC in Kinshasa.

This Seminar aimed to provide a platform for discussion and action concerning the role of Parliamentarians, the government and society as a whole to create the necessary conditions for effective national investigations and prosecutions of international crimes committed in the DRC, notably through the adoption of a comprehensive and effective implementing legislation of the Rome Statute. These efforts also include the development of specific capabilities, in particular the strengthening of the Congolese judicial, prosecutorial, penitentiary and administrative institutions engaged in the fight against impunity for the most serious crimes under international law: These State organs have the responsibility to give effect to the principle of complementarity contained in the Rome Statute, which reaffirms the obligation for States Parties to prosecute alleged perpetrators and provide access to justice and remedies to victims.

The discussions brought together over 60 parliamentarians from the National Assembly and the Senate of the DRC, members of the government, as well as officials from international organisations, other relevant stakeholders and representatives of the civil society and the academia. In addition, the Seminar benefited from the participation of a representative of the International Council of PGA, Dep. Alain Destexhe (Belgium) to encourage an inter-exchange on the issues of the fight against impunity at the national level.

The conference, chaired by the Deputy Speaker of the National Assembly, Hon.  Kombo Nkisi, on behalf of the Speaker of the National Assembly and PGA Member, Hon. Aubin Minaku, was opened by Hon. Dieudonné Upira Sunguma Kagimbi, Chair of the PGA DRC Group. Through a key-note address, Mr. Jean-Michel Dumond, Head of the European Union Delegation in the DRC, reaffirmed the EU commitment to promote peace, democracy and the fight against impunity in the DRC, and called upon the Parliament to adopt as soon as possible the draft implementing legislation as well as a bill establishing “Mixed Chambers” as important tools to fight against impunity. In his intervention, Dep. Alain Destexhe underscored that strengthening national and international justice to put an end to impunity are prerequisites for the existence and consolidation of a Rule of Law able to protect Human Rights as well as for sustainable peace that addresses some of the root causes of conflict. Indeed, the prevalence of impunity has had a devastating effect, causing repeated cycles of violence, and it is therefore essential to create the conditions necessary for the conduct of genuine and effective investigations and prosecutions by national jurisdictions so as to implement the principle of complementarity with the ICC.

The Seminar was enriched by a presentation delivered by Mr. Paul Madidi, Porte-parole of the office of the ICC in the DRC, who gave a comprehensive overview of the principles of the Rome Statute, particularly on the participation of victims for the ICC, and of the activities of the ICC in the DRC.

Members of the National Assembly, representatives of the civil society as well as the academics also participated actively during the two day Seminar to address different aspects of the effective implementation of the principle of complementarity in the DRC, notably through an appropriate political support to the fight against impunity as well as through the establishment of an effective legal framework for the fight against impunity, the allocation of human and budgetary resourses to support effective investigations and prosecutions and the establishment of reparations programmes for victims. In particular, Hon. Boniface Balamage, author of the ICC bill and member of PGA, presented the bill that he had introduced at the National Assembly in September 2012 and urged his colleagues of the National Assembly to adopt it during the next parliamentary session starting on 15 September. In addition, several parliamentarians, such as Hon. Awenze Makiaba, and Hon. Félicien Basango, expressed their will to see international crimes committed in the DRC before 2002 and the entry into force of the Rome Statute to be genuinely prosecuted by domestic jurisdictions. In that sense, Hon. Mirindi insisted on the necessity to establish Chambers within the existing judicial system able to prosecute those crimes, notably when they have been committed by militaries. Finally, the two Legal Representatives for Victims before the ICC, Me Joseph Keta and Me Carine Bapita insisted on the role of parliamentarians, as representatives of constituencies where there victims of international crimes, to vote the relevant measures to punish those responsible for their suffering and to redress their harm.

The Seminar was closed by Senator Jean-Pierre Lola Kisanga, Deputy Rapporteur of the Senate, on behalf of the President of the Senate, Senator Leon Kengo wa Dondo who insisted on the need to enable the DRC to end impunity notably by preventing the commission of international crimes through the implementation of the Rome Statute of the ICC.

As a result of these deliberations, the MPS present in the Seminar pledged to adopt concrete measures to end impunity in the DRC and to promote domestic prosecutions of international crimes.