The 140 years of failure for International Judiciary Institutions in the Congo

The international judiciary institutions have failed to adequately address the historical and ongoing injustices faced by the Congolese people. The negligence reflects broader systemic challenges in the current global governance in terms of accountability to the people and the protection of human rights in conflict-affected regions.

This article demonstrates 140 years of injustice through three key historical events and three systemic issues as well as a way forward:

A. Colonial Exploitation (Late 19th - Mid-20th Century):

The Scramble for Africa; During the late 19th century, European powers colonized much of Africa, including the Congo. This period of colonization saw widespread exploitation of the Congolese people and resources by European colonizers, particularly by King Leopold II of Belgium who ruled the Congo Free State as his fiefdom. The brutal exploitation and enslavement of the Congolese people during this time led to the deaths of millions of people, yet few perpetrators were held accountable for their crimes. The Berlin Conference of 1884-1885, where European powers partitioned Africa, resulted in the establishment of the Congo Free State by King Leopold II of Belgium. Leopold's reign over the Congo was characterised by brutal exploitation, forced labour, and atrocities against the Congolese people, leading to 13 million deaths out of an estimated 25 million total population between 1880 and 1900. Despite international condemnation and awareness of the atrocities, little was done to hold Leopold accountable or stop the exploitation until internal pressure within Belgium and international outrage forced the Belgian government to take control of the colony in 1908.

B. Belgian Colonial Rule (1908-1960):

After 52 years of tactical institutional violence and human rights abuse under Belgian colonial rule, the Congolese people continued to suffer exploitation, forced labour, and systemic discrimination.

The Belgian authorities imposed harsh policies that stripped the Congolese of their rights and resources, leading to widespread poverty and suffering among the indigenous population. Forced labour was rampant, with many Congolese being forcibly conscripted to work on plantations, mines, and infrastructure projects for little to no pay. The Congolese were also subjected to brutal treatment and violence, with reports of widespread abuse and torture by the colonial authorities.

Systemic discrimination was ingrained in every aspect of Congolese society under Belgian rule. The Congolese people were denied access to education, healthcare, and other basic services, while the Belgian colonizers enjoyed all the privileges and benefits of being in power. The Congolese were treated as second-class citizens in their land, forced to adhere to Belgian cultural norms and customs while being marginalized and oppressed at every turn.

Despite the hardships and injustices they faced, the Congolese people never lost their resilience and determination to fight for their rights and freedoms. The struggle for independence from Belgian colonial rule would eventually culminate in the Congo Crisis of 1960, leading to the establishment of the independent Republic of the Congo. But the legacy of Belgian colonialism would continue to haunt the Congolese people for years to come, as they grappled with the long-lasting effects of exploitation, discrimination, and violence.

International judiciary institutions failed to intervene effectively to address human rights abuses and ensure justice for the Congolese people during this period.

This led to a lack of accountability for those responsible for the atrocities committed in the DRC, further perpetuating a cycle of violence and impunity. The failure of the international community to act decisively in the face of such widespread human rights violations only served to encourage the perpetrators and undermine efforts to achieve lasting peace and stability in the region. To prevent such atrocities from occurring in the future, international judiciary institutions must prioritise the protection of human rights and hold those responsible for crimes accountable. Only then can justice be served for the people of the Democratic Republic of Congo and progress towards a more peaceful and just society be achieved.

C. Decolonization and Post-Independence Instability (1960s-1990s):

The Democratic Republic of the Congo (DRC) gained independence from Belgium in 1960, but political instability, corruption, and foreign interference plagued the newly independent nation.

The first Prime Minister of the DRC, Patrice Lumumba, struggled to navigate these challenges and was eventually overthrown in a coup supported by the United States and Belgium. This led to a series of political crises and civil conflicts that have destabilised the country for decades.

Despite its vast natural resources, including minerals like cobalt, coltan, and copper, the DRC has remained one of the poorest and most conflict-ridden countries in Africa. The exploitation of these resources by both foreign companies and domestic armed groups has fueled violence and perpetuated corruption in the country.

The DRC has also faced numerous humanitarian crises, including widespread poverty, displacement, and disease outbreaks. The ongoing conflict in the eastern region of the country has resulted in the displacement of millions of people and has led to countless atrocities and human rights abuses.

Efforts to bring stability and peace to the DRC have been ongoing, but progress has been slow and the challenges remain immense. International organizations, such as the United Nations, have been involved in peacekeeping efforts in the region. Still, the underlying issues of corruption, political instability, and foreign interference continue to hinder efforts at lasting peace and development in the country.

The assassination of Prime Minister Patrice Lumumba in 1961, believed to have been orchestrated with foreign involvement, further destabilized the country.

Lumumba's death left a power vacuum that was quickly filled by military dictator Mobutu Sese Seko, who ruled the country with an iron fist for over three decades. Under his brutal regime, corruption and human rights abuses became rampant, further impoverishing the already struggling nation.

The Congolese people suffered greatly under Mobutu's rule, as he siphoned off millions of dollars in foreign aid and resources for his gain while neglecting the needs of his people. The country became known as one of the most corrupt and mismanaged in the world, with its vast natural resources exploited by foreign interests and a small elite ruling class.

The legacy of Lumumba's assassination and Mobutu's dictatorship continues to haunt the Democratic Republic of Congo to this day. The country remains plagued by political instability, violence, and poverty, as successive governments have failed to address the deep-seated issues that have plagued the nation for decades.

Despite these challenges, the Congolese people remain resilient and hopeful for a brighter future. The memory of Lumumba, a symbol of hope and independence, continues to inspire those who seek to build a more just and prosperous society for all.

International judiciary institutions did not effectively investigate or hold accountable those responsible for Lumumba's assassination or the subsequent decades of political turmoil and human rights abuses.

As a result, the legacy of Lumumba and the tragic events surrounding his death continue to haunt the Democratic Republic of Congo and its people. The lack of justice for Lumumba's assassination has fueled ongoing political instability and violence in the region, perpetuating a cycle of impunity and corruption. Without accountability for these crimes, the wounds of the past remain unhealed, and true reconciliation and peace remain elusive. International justice institutions must take action to ensure that those responsible for Lumumba's assassination and the crimes that followed are held accountable, to bring closure to this dark chapter in Congo's history and pave the way for a more just and stable future.

D. Resource Exploitation and Conflict (1990s-Present):

The Rwandan Genocide and Congo Wars: The Rwandan Genocide in 1994 led to a refugee crisis in neighbouring countries, including the Democratic Republic of Congo. This crisis escalated into a series of conflicts known as the Congo Wars, which resulted in the deaths of millions of Congolese people and the displacement of millions more. Despite the widespread atrocities committed during these conflicts, few perpetrators have been brought to justice, and the cycle of violence and instability continues to plague the region.

The DRC has been ravaged by decades of conflict, fueled in part by the exploitation of its vast mineral resources by both domestic and international actors. Despite numerous peace agreements, international interventions, and efforts to address conflict minerals, the violence and exploitation persist, with millions of Congolese civilians displaced, killed, or subjected to horrific human rights abuses. International judiciary institutions have struggled to prosecute those responsible for war crimes, crimes against humanity, and other atrocities committed during the various conflicts in the DRC.

E. Weak Governance and Corruption:

Resource Exploitation and Corruption: The Democratic Republic of Congo is rich in natural resources, including more than 80 million hectares of arable land, minerals for the fourth revolution and sustainable energy such as coltan and cobalt. However, the exploitation of these resources has been fueled by corruption, conflict, and human rights abuses in the country. International corporations and foreign governments have been complicit in this exploitation, often turning a blind eye to the human rights abuses and environmental destruction that result from their business dealings in the region. Weak governance, corruption, and impunity have undermined efforts to uphold the rule of law and ensure justice for the Congolese people. International judiciary institutions have faced challenges in holding accountable both Congolese officials and foreign entities complicit in corruption and human rights abuses.

F. Challenges of Jurisdiction and Political Will:

The complex nature of conflicts and human rights abuses in the DRC and issues of jurisdiction and political will have hindered the effectiveness of international judiciary institutions in addressing these issues. National governments, regional bodies, and powerful external actors often prioritize their interests over justice and accountability for the Congolese people, further complicating efforts to achieve meaningful justice and redress.

The current global protection's structure needs to adapt to the new reality of evolving civilisations. The urgent adaptation should be the reform of international judiciary institutions to reverse the international deliberate injustice of the 1885 Berlin conference to better serve the interests of the Congolese people. It is now crucial to:

• Strengthen mechanisms for holding perpetrators of human rights abuses and crimes against humanity accountable, including through international and regional tribunals and domestic courts.

This includes providing support for victims and witnesses, ensuring fair and transparent trials, and enforcing judgments against perpetrators. Additionally, it is crucial to work towards ending impunity for those responsible for grave violations of human rights, regardless of their position or status. By holding perpetrators accountable, we can help prevent future abuses and promote justice and reconciliation in affected communities.

• Increase support for transitional justice initiatives in Congo, including truth and reconciliation processes, reparations for victims, and institutional reforms.

Transitional justice initiatives are crucial in Congo to address the widespread human rights violations and atrocities that have occurred in the country. Truth and reconciliation processes can help facilitate healing and promote accountability for those responsible for the crimes committed.

Reparations for victims are essential to provide them with the necessary support and compensation for the harm they have suffered. This can help them rebuild their lives and communities after experiencing such devastating events.

Institutional reforms are also necessary to ensure that the systems and structures that allowed these violations to occur are changed. This can help prevent future abuses and create a more just and inclusive society in Congo.

Increasing support for transitional justice initiatives in Congo is crucial to promoting peace, justice, and reconciliation in the country. The international community needs to provide assistance and resources to help Congo address its past and move towards a more peaceful and stable future.

• Enhance coordination and cooperation among international organizations, regional bodies, and local stakeholders to address the complex political and social issues in Congo.

This can involve creating joint initiatives and programs that involve all stakeholders in Congo, including governmental bodies, non-governmental organizations, community leaders, and citizens. By working together collaboratively, these groups can pool their resources, expertise, and knowledge to find innovative solutions to the challenges facing the country. By enhancing coordination and cooperation among these diverse actors, it is possible to build a stronger and more sustainable framework for addressing the political and social issues in Congo. This can help create a more stable and peaceful environment for all people living in the country, ultimately leading to improved quality of life for all.

• Prioritize the protection of civilians and promotion of human rights in all interventions in Congo, including peacekeeping missions and development programs.

It is crucial to ensure that vulnerable populations, such as women and children, are safeguarded from violence, exploitation, and abuse. This includes addressing gender-based violence, child labour, and forced displacement. Additionally, efforts should be made to uphold the rights of marginalized groups, including indigenous people, refugees, and persons with disabilities. By prioritizing the protection of civilians and the promotion of human rights in all interventions, we can contribute to building a more stable, secure, and just society in Congo.

• Empower Congolese civil society organizations and grassroots movements to hold their government and international partners accountable for their actions and policies.

This can be achieved by providing them with the resources, tools, and support they need to effectively monitor and evaluate government actions, raise awareness about issues that affect their communities, and advocate for policy changes. By building the capacity of civil society organizations and grassroots movements, they can better engage with government officials, participate in decision-making processes, and demand transparency and accountability in the governance of their country. Empowering Congolese civil society will strengthen democratic institutions, promote human rights, and ensure that the voices of the people are heard and respected. It is essential for creating a more just and equitable society in the Democratic Republic of Congo.

Only through concerted efforts to reform international judiciary institutions and address the systemic issues that have plagued Congo for over a century can the Congolese people finally achieve justice, peace, and stability in their country.