27 August 2024
In the Democratic Republic of the Congo (DRC), a Draft national transitional justice policy is currently pending finalisation, adoption and implementation. However, the process has also seen significant issues from the beginning: the draft policy is based on the results of initial popular consultations conducted in only eight out of 25 total provinces. The needs and priorities of victims and survivors from the provinces of North Kivu, South Kivu, and Ituri – which are among the most affected by past violence and conflict – were not taken into account in the draft policy document.
For transitional justice to meaningfully and sustainably address the legacy of human rights violations, ownership of the process must be held by all communities affected by conflict and violence in the country. That is why, along with our partners, Impunity Watch embarked on sustained efforts to amplify the voices of victims in these communities, and ensure their needs and priorities are taken into account in national transitional justice policymaking. We are proud to present the results in the policy brief ‘Victim and survivor expectations of the national transitional justice policy in the DRC’.
“Victims want peace to be restored so that truth-seeking can be undertaken without problem. Peace remains the priority of everything, because without peace it is difficult to carry out investigations… [and] with each passing day we continue to record more cases of war crimes and serious human rights violations.” – Interview, Civil society actor, Ituri
What do victims want from the DRC’s national transitional justice policy?
This policy brief summarises the results of research conducted in 2023, with a gender-balanced representation of 771 people across the provinces of North Kivu, South Kivu, and Ituri.
The analysis highlights the hopes expressed by victim communities, as well as their expectations on key themes including:
- The restoration of peace and security
This is especially important in the DRC, where conflict and insecurity persists, and is a major prerequisite for a reliable transitional justice process. - Truth-seeking
This includes guarantees of an inclusive process, mental health and psychosocial support (MHPSS), victim and witness protection. - Criminal prosecutions
This includes identifying, prosecuting and convicting perpetrators, the creation of an international criminal mechanism, visible and accessible justice, victim and witness protection, and community dialogues. - Reparative measures
This includes socio-economic reintegration, restitution, the return of displaced peoples, MHPSS, and government apologies. - Guarantees of non-recurrence
This includes the acceleration of public DDR programmes, reforms of the judiciary, vetting state institutions, and civic awareness. - Memorialisation
This includes constructing monuments, memorial messages, commemorative days, and cultural memory activities.
Within these, some fears also included the impunity enjoyed by alleged perpetrators, a lack of political will, reparations orders based on biased information, and the manipulation of history within memorialisation activities.
Finally, the policy brief recommends key actions for decision-makers and political leaders to undertake during the development and implementation of a national transitional justice policy in the Democratic Republic of Congo.
“Identify the real causes of crimes in order to proceed with the processes of restoring peace in our community. Because, if the real causes of war are not identified and eradicated, it will be impossible to move towards stability in the communities.” – Focus Group, Goma/North Kivu
A pivotal moment for transitional justice in the DRC
Non-recurrence and non-repetition of violence is one of the ultimate objectives of transitional justice. Effectively implementing transitional justice processes has the potential to break the cycles of violence and consolidate peace in the DRC.
Granting a central place to the voices of victims and affected communities in the DRC’s national transitional justice policy should involve, among others, purposefully addressing their documented expectations and fears, particularly those raised in the areas most affected and damaged by violence in the provinces of North Kivu, South Kivu, and Ituri as recommended by this policy brief.
Explore the policy brief in English, French, and Swahili.
This policy brief is the result of a collaboration between Impunity Watch and Cordaid in the DRC as part of the Just Future programme.
Enjoyed this piece? Also check out:
Report – Victim participation in informal transitional justice processes in DRC
Policy brief – Youth inclusion in transitional justice policy in Africa