DRC Slumps in Rule-of-Law Markers: Impunity Reigns

The Democratic Republic of Congo (DRC) has fallen below the global average on rule-of-law markers, with criminal justice and security practices prevailing throughout the country.

A Culture of Lawlessness

A dysfunctional judicial system and rampant impunity for criminal groups and corrupt state officials have created a culture of lawlessness. Courts are concentrated in urban areas, leaving rural communities to rely on customary courts and informal justice mechanisms.

• Civilians are often tried in military courts, which lack safeguards for defendants’ rights and adequate witness protection.
• The state of siege imposed in May 2021 and ended in 2022 resulted in growing detentions and stalled judicial cases.

Corruption and Political Manipulation

The judiciary is plagued by corruption and political manipulation, with bias against the opposition and civil society. Government allies typically enjoy impunity for abuses, while arbitrary arrests and detentions are common, along with prolonged pre-trial detention.

• Prisoners frequently pay bribes to avoid torture or meet basic needs.
• The police force is dysfunctional and ineffective, even in major cities and the capital.

Border Security and Cyber Integrity

The country’s porous border and lack of security monitoring capacity have allowed contraband to flow freely over the border, particularly in eastern regions. The DRC’s cyber integrity is also vulnerable to attacks.

Economic Challenges

In the economic sphere, rampant corruption, weak law enforcement, and a dominant informal sector render the banking system highly vulnerable to money laundering. The country’s regulatory framework and mechanisms to counter money laundering are not aligned with international standards.

• The economy remains fragile, with an estimated 70% of it being informal.
• Political instability hinders economic reform.
• The DRC has struggled with demographic pressures, security threats, and declining demand for minerals.

Civil Society Challenges

Civil society organizations face numerous challenges, including political manipulation, corruption, and financial scandals. However, some non-state actors are working to address the country’s problems, including trafficking, child labor, and transparency in the extractive industries.

Media Landscape

Despite improvements since 2018, the DRC’s media landscape remains hostile and biased in favor of the government, with freedom of information regularly violated. Violations of press freedom continue at alarming levels, including arrests, attacks, and threats against journalists.

In conclusion, the Democratic Republic of Congo faces significant challenges in upholding the rule of law, with impunity reigning supreme. Addressing these issues will require concerted efforts to reform the judiciary, police force, and economic systems, as well as promoting transparency and accountability throughout the country.