Within the framework of the UN Global Focal Point for the Rule of Law, UNDP supported groundbreaking legal developments in the Democratic Republic of the Congo (DRC), with a prospect to improve human rights protection, including for persons with disabilities, sexual violence survivors and human rights defenders. Five pieces of legislation were adopted and enacted in 2023.
UNDP supported the recruitment of and the training for 2,500 new magistrates (34 percent women), bringing the number of magistrates in the country closer to the international standards. In 2023, there was a 56 percent improvement compared to the previous year.
Over 9,000 individuals (including 5,414 women) gained access to justice in 2023, an increase of over 500 people compared to the previous year.
UNDP improved the knowledge and investigation capacities of the Congolese National Police (PNC) judicial police units to respond to criminal cases with respect for human rights.
The Joint Programme for Police Reform had a catalytic effect on the enhancement of the national coordination of the judicial police. UNDP pooled resources with UNPOL and established a Criminal Analysis Bureau to strengthen the investigative capacities of the judicial police units.
To support the Congolese Government's efforts to restore the rule of law, UNDP continued to implement two programmes under the framework of the UN Global Focal Point for the Rule of Law (GFP): the Joint UN Support Programme for Justice Reform and the Joint UN Support Programme for the Police Reform, supported by UNDP’s Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development. In 2023, both programmes achieved tangible results, supporting the Democratic Republic of the Congo (DRC) in restoring state authority and combating impunity, paving the way for a democratic state governed by the rule of law.
INTERVENTIONS OF THE JOINT JUSTICE PROGRAMME WITHIN THE GFP FRAMEWORK
In the DRC, the Joint Justice Programme is implemented by UNDP, the UN Stabilization Mission in the DRC (MONUSCO) Justice Support Section, the Corrections Unit, UN Police, the UN Joint Human Rights Office (UNJHRO) and the UN Team of Experts on Rule of Law and Sexual Violence in Conflict (ToE).
In 2023, with technical support from UNDP and funding from Sweden, groundbreaking legal developments took place, with a prospect to improve the human rights protection, including for persons with disabilities, sexual violence survivors and human rights defenders. Five pieces of legislation were adopted and enacted:
- The Law on the Protection and Promotion of the Rights of Indigenous Peoples to Contribute to the Rational Management of Natural Resources;
- The Law on the Protection and Accountability of Human Rights Defenders;
- The Law on Basic Principles for the Protection and Reparation of Victims of Sexual Violence and Crimes against the Peace and Security of Mankind;
- An Act to amend and supplement the Decree of 30 January 1940 on the Congolese Penal Code regarding the prevention and punishment of trafficking in persons
- An Act to determine the fundamental principles relating to the penitentiary system in the DRC.
To address the deficit of magistrates in the DRC, UNDP supported the recruitment of and the training for 2,500 new magistrates (34 percent women). International standards require having ten magistrates for every 100,000 people. The 2023 ratio in the DRC is 6.9 magistrates for 100,000 people, a 56 percent improvement compared to 2022, when the ratio was 4.4.
To ensure accountability for war crimes and crimes against humanity, UNDP supported judicial and prosecutorial proceedings, especially in cases recognized as priority. In eight out of 107 priority cases, significant progress has been achieved. Three verdicts were issued, and six individuals were convicted for sexual slavery as a crime against humanity.
Mobile courts considered 190 ordinary cases and handed down 159 judgments, including 121 convictions and 38 acquittals.
In addition, UNDP facilitated access to justice, including for the most vulnerable groups, through the provision of legal aid to victims and alleged perpetrators of serious crimes or ordinary offences. In total, 9,155 individuals (including 5,414 women) received access to justice in 2023, over 500 people more than a year before.
PROMOTING THE POLICE REFORM WITH UNDP’S GLOBAL PROGRAMME SUPPORT
The objective of the project is to strengthen police reform and combat impunity through enhancing the criminal investigation capacities and oversight mechanisms of selected units of the national police in North Kivu and Tanganyika. It aims to improve security by applying innovative people-centred approaches and operating under the framework of the Humanitarian-Development-Peace nexus, accelerating progress towards the 2030 Agenda.
To ensure national ownership and sustainability, UNDP interventions were aligned with the three-year Action Plan of the Congolese National Police (PNC) on the Fight Against Sexual Violence, as well as with the National Action Plan to implement Women, Peace and Security Agenda. Furthermore, the project was realized in line with the Human Rights Due Diligence Policy (HRDDP) and the Standard Operating Procedures that govern the implementation of this policy in the DRC.
The project advocated for the participation of women in all the capacity building activities. While working with the PNC, UNDP supported the General Inspection command in integrating a gender dimension into all the activities, placing particular emphasis on women’s participation in the trainings.
In North Kivu and Tanganyika provinces, UNDP improved the knowledge and investigation capacities of the PNC judicial police units to respond to criminal cases with respect for human rights. Two sessions were organized for judicial police officers equipping them with tools to collect data, analyse and investigate crimes, including human rights violations. The sessions were organized in collaboration with the UN Police (UNPOL) component of the UN Stabilization Mission in the DRC (MONUSCO) and benefitted 75 judicial police officers (including ten women). To fund the training, the project partnered with the UNDP election support programme.
This project, supported by the Global Programme, had a catalytic effect. UNDP pooled resources with UNPOL and established a Criminal Analysis Bureau to strengthen the investigative capacities of the judicial police units also in the provinces. As of the end of 2023, the Bureau covered the two provinces of Tanganyika and North Kivu. UNDP coordinated the rehabilitation of the Bureau premises and enabled the use of the software to digitalize the criminal analysis process.
To strengthen coordination between actors in the criminal justice system, UNDP organized a round table in Goma in June 2023 convening the judicial police and the public prosecutor's office to review the strategy for combating insecurity. The round table concluded with the recommendations for effective coordination in the prosecution of criminal offences. In 2024, UNDP will facilitate a mission to Goma, Beni, Bukavu and Bunia to monitor the implementation of the recommendations.
Lessons learned
The GFP framework enabled holistic approach and complementary interventions to perform and deliver justice services to people, including the most vulnerable groups, in a fair manner with a view to ensure equality and leave no one behind.
In 2022, UNDP and UNPOL provided support to establish a new department of the General Inspection of the Congolese National Police (PNC) in Kalemie. Five inspectors, including two women, were deployed to ensure sustainability of the operations. In 2023, UNDP prepared a report on the status of the operation of this new department that was discussed with the PNC Headquarters in Kinshasa. This report served as a tool to extract lessons learned and advise on the operational improvements for this new department.
Through the Joint Programme for the Police Reform, UNDP established strategic collaborations with partners that support the Congolese Police, including the European Union implementing partners, UNPOL, International Organization for Migration and the US Bureau of International Narcotics and Law Enforcement Affairs (INL). The organizations pool funds to deliver the training sessions that will benefit all the provinces at the same time, enabling more inspectors to participate and ensuring the same level of expertise across the country.
Looking forward
Under the GFP umbrella, joint efforts will continue across both justice and police programmes, including in the context of transition planning.
UNDP, MONUSCO, UNJHRO and the ToE will continue promoting structural transformations within the criminal chain, in synergy with other projects based on the portfolio management mechanism.
A perception survey will be conducted to assess the effectiveness of the new police department in Kalemie.