Search

Begin New Search Political Geography Democratic Republic of the Congo Author Shirambere Philippe Tunamsifu

1. The Colonial Legacy and Transitional Justice in the Democratic Republic of the Congo

Author:
Shirambere Philippe Tunamsifu
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The Democratic Republic of the Congo (DRC) experienced a brutal colonial regime and a segregated judicial system with a weak educational system used to support colonial policies and a post-colonial legal framework designed to avoid prosecution for colonial-era crimes. Under such a regime, a broad range of violations were registered including about 10 million people who were killed. In the aftermath of the colonial era, the post-colonial regime did not sufficiently redress the situation through prosecution or meaningful reforms. Consequently, most of those atrocities remained unpunished. This study lists the main reasons for why the colonial-era crimes were not investigated which are linked to the gaps in the legal framework, the configuration of the judiciary, and an informal agreement between the DRC and the Belgian governments.
Topic:
Transitional Justice, Colonialism, and Judiciary
Political Geography:
Africa and Democratic Republic of the Congo

2. Memorialisation as an Often Neglected Aspect in the Consolidation of Transitional Justice

Author:
Shirambere Philippe Tunamsifu
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
For more than five decades after the Independence Day (1960–2018), the Democratic Republic of the Congo (DRC) has continued to witness large-scale violations of human rights and serious violations of international humanitarian law. Trying to deal with past abuses, the country twice experienced a process of transitional justice, in 1992 and in 2004, as the result of the Conférence Nationale Souveraine and the Inter-Congolese Dialogue, respectively. Both of these processes failed to achieve the desired result, and neither adopted any memorialisation process that honours the memory of victims. In October 2013, however, delegates to the Concertation Nationale recommended the government to build monuments in memory of victims of the different armed conflicts. Unfortunately, five years later the government has not yet done anything to implement that recommendation. Based on the interrogation of stakeholders, this paper offers strategies on how to honour the memory of victims of the various armed conflicts in the DRC – in order to consolidate the degree of transitional justice that had been attained. To collect data, 32 key informants were interviewed and two focus group discussions were held in areas affected by armed conflicts. Findings included the recommendation that the State should apologise publicly for its failure to protect the civilian population. Thereafter, a commemorative day should be adopted to bring together victims and alleged perpetrators, and official monuments and memorials should be built in the most affected areas. Uncostly monuments, and aptly named schools, hospitals and public markets in memory of abuses should be built as symbolic collective reparation.
Topic:
Transitional Justice, Memory, Reparations, and Symbolism
Political Geography:
Africa and Democratic Republic of the Congo

3. Transitional justice and peacebuilding in the Democratic Republic of the Congo

Author:
Shirambere Philippe Tunamsifu
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Almost two decades ago, the Democratic Republic of the Congo (DRC) was confronted with a vicious cycle of internationalised armed conflicts in which between six and ten million people are estimated to have been killed. Those conflicts were resolved through peace agreements between the leaders of the warring parties, leaving affected populations to their predicaments. From among the mechanisms during peace talks aimed at dealing with the past, the Congolese opted for an international ad hoc tribunal and a truth and reconciliation commission (TRC). Unfortunately, the United Nations was unwilling to establish such a tribunal in the DRC and the TRC put in place did not investigate a single case. Therefore, the DRC lost opportunities to hold accountable alleged perpetrators, establish the truth of the past, promote reconciliation, and prevent further violence. The subsequent resumption of conflict is the result of failing to address the past. After the stabilisation of the country, a combination of judicial and non-judicial mechanisms of transitional justice could respond to past abuses and contribute to the peacebuilding process in the DRC. Hence, this paper endorses as a judicial mechanism, in addition to the International Criminal Court (ICC), the establishment of a hybrid international tribunal to hold accountable those who bear the greatest responsibility for events since 1996. This paper also endorses the promotion of the non-judicial indigenous mechanism Barza intercommunautaire to help resolve low-level disputes and pave the way for a new TRC that could promote reconciliation, formulate recommendations on institutional reform, identify criteria for the lustration and vetting process, identify victims and recommend reparations.
Topic:
Transitional Justice, Peace, International Criminal Court (ICC), and Post-Conflict
Political Geography:
Africa and Democratic Republic of the Congo