The Constitutional Court of the Democratic Republic of Congo, which in 2025 celebrates a decade of existence, is positioned at the heart of the country’s legal and political dynamics. Its mission, focused on the protection of fundamental rights and the guarantee of the conformity of acts of the public authorities to the Constitution, raises important questions about its independence and its role in an often loaded political context. While notable advances have been carried out in the field of case law, challenges persist as for its perception as an impartial institution, not subject to political pressures. This celebration should thus be the occasion for a dialogue enriching around democratic principles and the rule of law, while strengthening the awareness of citizens on their rights and duties. Addressing these issues with rigor and serenity seems decisive to envisage the future of institutions and the strengthening of the democratic framework in the DRC.
Category: Legal
### The enigma of the disappearance of Joslin Smith: Reflections on the faults of the system
The tragic disappearance of Joslin Smith, six years old, poses an intellectual and moral challenge to our society. During this complex trial, revelations emerge on power dynamics between adults and children, as well as the controversial questioning methods of the authorities. Defense raises crucial questions about the responsibility of the police in the face of the vulnerability of the suspects, while the lack of evidence raises doubts about the integrity of the investigation. Faced with omnipresent media pressure and disinformation, public opinion polarized, highlighting the need for an enlightened debate on our legal system. While anxiety remains for little Joslin, this drama underlines the urgency of collectively reflecting on the protection of children in a society where adults can often be those who perpetuate injustice.
** Judicial reform in the DRC: Towards a tangible masterful independence? **
Dated April 1, 2025, President Félix Tshisekedi promoted a major change in the judicial landscape of the Democratic Republic of Congo by appointing 2,500 new magistrates. This initiative arouses hopes, but questions the true independence of the judiciary, often subject to political pressures. While 75 % of the Congolese judge the defaulting judicial system, the ratio of 1 magistrate for 23,000 citizens highlights the urgency of deep reforms. The commitment of personalities like Me Jean Claude Katende, human rights defender, and health insurance for magistrates is undeniable progress, but insufficient if security and moral support are not also guaranteed. At the dawn of crucial sessions of the Superior Council of the Magistracy, the DRC is at a decisive crossroads: to transform promises into concrete actions to restore confidence in an often decree judicial system. The Congolese are not only waiting for words, but justice that protects their rights and guarantees their fundamental freedoms.
### The blurred border between anonymity and traceability: a crucial data protection issue
In the digital age where our lives are increasingly exposed, the protection of personal data raises essential questions. If data storage for statistical purposes may seem trivial, the risk of traceability which results from it should not be overlooked. Even allegedly anonymized data can be analyzed to create specific behavioral profiles, transforming the user into a product.
Regulations and the GDPR try to supervise this collection, but their effectiveness is often hampered by inequalities in their implementation. Users’ education appears to be an essential key to strengthening their autonomy in the face of these practices. Despite the advances, the quest for a balance between innovation, the protection of the individual and the responsibility of the companies remains delicate.
In an era when each online interaction could reveal details on our privacy, it is urgent to rethink our approach to data protection both ethically and practical.
** Title: The expulsion of Venezuelan migrants: between history and ethics **
The recent decision of the Supreme Court of the United States, validating the expulsion of migrants under an 18th century law, arouses intense debate on the ethical and legal implications of this policy. By applying the “Alien Enemies Act”, the country finds itself at a crossroads between national security and human rights, questioning its founding identity as reception land.
While the number of Venezuelans seeking asylum reaches heights due to a political and economic crisis, each status hides a human history. The practical difficulties of access to justice for these migrants underline the systemic inequalities that already exist in the country. In addition, this policy has international repercussions, risking damaging relations with other Nations of Latin America.
Faced with these concerns, a deep reform of the immigration system is essential to restore a balance between legality and humanity. The United States, governed by its tradition of hospitality, must sail with caution to preserve the values that have shaped their nation. The migrant voice must be a key component of the decisions that affect them.
### The shadows of the uniform: a turning point for justice in the DRC
In the Democratic Republic of Congo, the opening of a trial involving seven members of the Prime Minister’s escort team, accused of the murder of a police officer, could point out a crucial change in the fight against the impunity of the police. This drama, which occurred in a context where the police are often perceived as a threat rather than a protector, highlights systematic abuses and the culture of impunity that plagues institutions. By potentially placing the State as a civil party, this trial could embody a new dynamic of responsibility towards citizens. However, behind this symbolism, hides an urgent need for deep reforms in a military judicial system often criticized for its lack of impartiality. The eyes of the country turn to Kinshasa, where the outcome of this case could not only shape the future of Congolese justice, but also redefine the relationships between the State and civil society.
** Mastering the language of rights: an initaitive to discover on “let’s speak French” **
In a context where the rights of individuals are constantly at the heart of the debates, it has become essential to adopt an enlightened and precise approach to express them. The “Parlons Français” program offers a new lesson on fatshimetric.org, aimed at enriching the vocabulary of citizens and providing them with tools to defend their rights effectively. Through a meticulous exploration of terms, this initiative encourages an intuitive understanding of legal language, often perceived as complex. By emphasizing the importance of the choice of words, it is also part of a broader movement of education in fundamental rights. Thus, “let’s speak French” is not limited to linguistic learning, but becomes a real catalyst for emancipation, arming citizens against ignorance and promoting collective awareness. Investing in our language is to open the way to a company more respectful of the rights of each.
** Title: Towards a renewed rule of law: the trial of Kabeya Senda Fiston in the DRC **
On April 4, 2023, the trial of seven Congolese police officers, accused of the death of Brigadier Kabeya Senda Fiston, opened a crucial debate on institutional violence and impunity in the Democratic Republic of Congo. This tragic incident, emblematic of abuses of power in the security forces, comes in the light of a context marked by corruption and distrust of the authorities. The trial is not just for doing justice, but also represents a glimmer of hope for the reform of the judicial system and for the empowerment of state agents. While the DRC is at a critical crossroads, the outcome of this trial could redefine relations between citizens and institutions, thus offering a historic opportunity to build a fairer and fair future for all.
### A legal revolution in Africa: the high court of Nairobi against Meta
The recent decision of the High Court of Nairobi to judge Meta, the Facebook parent company, marks a pivotal moment in the fight for the responsibility of digital platforms in Africa. By denouncing the role of Facebook in the dissemination of hate speeches linked to the Tiger war in Ethiopia, this court illustrates the challenges and issues facing African voices in the face of technological giants often perceived as untouchable. Beyond compensation complaints, this case raises crucial questions about content moderation, decolonial justice and the need for better regulation of technological companies. The fight of Abhram Meareg and Fisseha Tekle does not stop there; It represents a collective quest for the recognition and protection of individual rights in the face of a digital world dominated by powerful actors. This case may well lay the groundwork for an essential transformation, restoring the balance between technological innovation and ethical responsibilities.
### François Compaoré: the challenge of justice in Burkina Faso
The refusal of Visa imposed on François Compaoré, a controversial figure linked to the assassination of journalist Norbert Zongo, raises crucial questions about justice and impunity in Burkina Faso. This refusal goes beyond a simple administrative procedure, revealing a fracture between the imperatives of Burkinabè justice and European migration policies. The complexity of the file, amplified by the limits of Interpol, raises a question of the effectiveness of international justice in cases of human rights abuse.
For the Zongo family and millions of Burkinabés thirsty for truth, the absence of tangible trial represents perpetual pain. It is imperative to explore strategic initiatives to strengthen local judicial institutions and promote international cooperation, in order to break the cycle of impunity. At a time when each voice counts in the quest for justice, the hope of a better future remains fragile but essential.