The rule of law in the Democratic Republic of Congo: the persistent challenges of justice reform
Since coming to power more than four years ago, the President of the Democratic Republic of Congo, Félix Tshisekedi, has made justice reform one of his priorities. He considers that the rule of law is essential for the development of the Congolese nation. However, despite its efforts, the concept of the rule of law is struggling to take hold in the country.
In a recent interview, Félix Tshisekedi expressed his frustration with the progress made in the area of justice. He believes that justice in the DRC destroys rather than uplifts the nation. He also deplores the lack of harmony between his vision and that of the heads of the country’s judicial institutions. The president, however, denies intervening in judicial decisions and says he wants justice to be independent. However, he recognizes the need for reforms to improve the functioning of Congolese justice.
Criticisms of the judiciary are not new. In October 2022, during a meeting of the Council of Ministers, Félix Tshisekedi had already highlighted the judicial decisions which seemed to be taken randomly. He had expressed his concern about the behavior and decisions of judicial actors which fuel mistrust between the people and justice. The president then called for the strengthening of public governance and the rule of law.
To remedy this situation, Félix Tshisekedi had asked the Superior Council of the Judiciary to get involved in the administrative and disciplinary regulation of the judiciary. He had also instructed the Minister of Justice to work in collaboration with the Superior Council of the Judiciary to propose rapid and effective solutions. The General Inspectorate of Judicial and Penitentiary Services was also to play an important role in this process.
It is clear that justice reform in the Democratic Republic of Congo is a complex and persistent challenge. Despite President Tshisekedi’s efforts, the judiciary remains subject to criticism, particularly regarding its independence and ability to render impartial decisions. The reforms necessary to remedy these problems require time, political will and close collaboration with the various players in the judicial system.
The path towards the establishment of a true rule of law in the DRC is therefore still long. However, it is encouraging to see that President Tshisekedi remains determined to continue his efforts to improve justice and strengthen the rule of law in his country. The implementation of structural reforms and the commitment of all the actors concerned will be crucial to ensure an impartial, transparent and efficient judicial system in the Democratic Republic of Congo