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UN Office for the Coordination of Humanitarian Affairs

DRC: Military judges, trained in human rights, propose new code of conduct

KINSHASA, 3 October 2003 (IRIN) - Following a two-day training of 120 military magistrates organised by the Office of the UN High Commissioner for Human Rights in the Democratic Republic of the Congo (DRC), participants agreed on Wednesday to work for a new code of conduct in their profession.

The workshop's rapporteur, Col Mutombo Katalay, said the code would be presented to the legislature for official adoption.

"I dare to believe that we will be presenting a new face of Congolese military justice," Koloso Sumahili, from the Rassemblement congolais pour la democratie-Kisangani/Mouvement de liberation (RCD-K/ML) former rebel movement - now party to a power-sharing government - said during closing remarks to workshop participants.

"The Congolese military must learn to conduct themselves in a humane manner, even during times of war," he said.

Koloso condemned the widespread violation of human rights during more than four years of recent war in the Congo, leading to the deaths of at least 3.3 million people, according to the International Rescue Committee, and the displacement of over 2.7 million, according to UN agencies.

"Soldiers who did not respect [human rights] norms must be punished," he said.

This was in reference to the international tribunal for the Congo that President Joseph Kabila requested last week at the 58th UN General Assembly.

Koloso said that while soldiers accused of such violations should be tried vigorously, their human rights should also be respected.

"The objective of the government of national unity is to put in place a new, integrated, restructured, disciplined and republican army," Mohamed Bule, the Congolese deputy defense minister, said.

"In order to accomplish this, there must be support from the military's judicial branch in order for military command to function effectively," he added.

Bule is a member of the Mouvement de liberation du Congo, a former rebel movement, which is also party to the country's two-year transitional government.

Among the recommendations made by the 120 military magistrates was a call for the improvement of their working conditions.

"Young magistrates should be appointed and promoted according to official regulations," Mutombo said.

He called for the return of "illegally dismissed" magistrates to their posts.

Under late President Laurent-Desire Kabila, 315 military and civilian magistrates were fired en masse, accused of corruption, without their cases having been heard individually.

Participants also called upon legislators to clarify parts of the penal code that they believed to be ambiguous and confusing.

A representative from the Belgian Embassy praised the achievements of the workshop, but expressed his country's desire to see the Congo impose a moratorium on the death penalty, echoing a call by the UN special rapporteur on the human rights situation in the DRC, Antoanella-Iulia Motoc, during a 10-day mission to the country in September.

The workshop also received the support of the International Committee of the Red Cross and the Belgian Embassy in the Congo.

Theme(s): (IRIN) Conflict

[ENDS]

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