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CICC and NGO Media statements on DRC Parliament�s recent approval of the ICC implementing bill

09 Nov 2010

Dear colleagues,

Please find below latest press statements issued by the Coalition and its members on the DRC Parliament�s recent approval of the ICC implementing bill, the first crucial step before the bill can be adopted by the National Assembly (I) as well as related press articles (II).

For further information, visit our website at: http://www.coalitionfortheicc.org/?mod=ratimp or contact Ms. Brigitte Suhr, Director of Regional Programs at [email protected]

Please also take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC. The translations provided below belong to the CICC.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

***************************************

I. PRESS RELEASES FROM THE COALITION AND ITS MEMBERS

i. �Global Justice Coalition Welcomes Advances in the Criminal Law Reform in the Democratic Republic of Congo�, CICC Press release, 9 November 2010, http://www.iccnow.org/documents/DRC_implementation_Nov2010_en.pdf

�The Coalition for the International Criminal Court (CICC) � a global network of more than 2,500 non-governmental and civil society organizations advocating for justice � welcomes the ongoing national parliamentary debates on the DRC�s draft law criminalizing grave crimes. �The Rome Statute of the International Criminal Court contains modernized definitions of crimes and general legal principles that enshrine high standards of due process,� said Francis Dako, CICC Africa Coordinator. �Implementing Rome Statute obligations into national legislation thus ensures more robust national criminal law, which is essential to the fight against impunity for genocide, war crimes and crimes against humanity.�

On 4 November 2010, following a heated debate on the law, a simple majority of Members of Parliament declared it admissible. This vote is the first crucial step before the law can be adopted by the plenary. In accordance with Congolese law, the implementation law will now be transmitted to the Commission Politique Administrative Juridique (PAJ) in the National Assembly for further deliberation.

Over the years, the Coalition has steadfastly committed itself to advocating for the incorporation of Rome Statute crimes into DRC national legislation as a key step forward in creating a national justice system better able to proceed with investigations and prosecutions of grave crimes. In partnership with members in the DRC, the Coalition has supported initiatives such as workshops and awareness-building on the Rome Statute in an effort to accelerate the implementation process.

�The Coalition commends the past and ongoing efforts of certain DRC parliamentarians, in particular members of Parliamentarian for Global Action (PGA), to ensure the implementation of the Rome Statute into national law,� said Dako. �We further encourage all actors involved in the process, including international experts and organizations providing professional assistance, to firmly continue to work for the adoption of the implementation law.�

Once enacted, the law would create a path for the DRC to establish a national Fund for Victims and it would allow national courts to prosecute perpetrators of genocide, crimes against humanity, and war crimes�.�

ii. �The DRC National Assembly declared that the implementing legislation of the Rome Statute is admissible�, PGA Press Release, 4 November 2010, http://coalitionfortheicc.org/documents/PGA-DRC_4Nov2010.pdf [French]

��During the debate, the law proposal had been supported by various members of Parlementarians for Global Action, notably the Honorable Emmanuel Adubango Ali, who stressed the importance of this law for the future creation of a national reparations trust fund for victims. The Honorable Sabine Muhima Bintu�emphasized the responsibility of the Congolese courts to fight against impunity�15 people took the floor during the debate, including some opposition deputies who argued against the proposal�

The implementation legislation will be sent to the Political, Administrative and Legal Commission (PAJ) of the National Assembly to be studied in detail�.�

iii. �The DRC Coalition for the ICC welcomes the admission of the law proposal on the implementation of the Rome Statute�, CN-CPI, 5 November 2010, http://coalitionfortheicc.org/documents/Communique_sur_la_loi_de_mise_en_oeuvre.pdf [French]

�The DRC Coalition for ICC welcomes the admission of the proposed Rome Statute implementation law on 4 November 2010. After stormy discussions, the proposal was sent to the Political, Administrative and Legal Commission (PAJ) of the National Assembly�

�this law modifies and complements many legal clauses. For example, war crimes, crimes against humanity and genocide will be inserted in the Congolese penal code; criminal majority will be pushed back from 16 years old to 18 and a clause will ensure that the sentences will be the same for perpetrators and for accomplices. A clause for an effective cooperation between the domestic courts and the International Criminal Court, as well as the strengthening of the dispositions for a fair trial, will be inserted in the Code of criminal procedure. The jurisdiction of the three international crimes will be withdrawn from the military penal code�

These amendments and modifications will allow the Congolese judiciary to meet the international standards of the Rome Statute to fight effectively against impunity for the most serious crimes and other serious human rights violations��

iv. �Review of the implementation legislation of the Rome Statute in the DRC National Assembly�, SYCOVI, 05 November 2010, http://coalitionfortheicc.org/documents/COMMUNIQUE_DE_PRESSE_No004_Sycovi_5nov2010.pdf [French]

�La Synergie des ONG Congolaises pour les victimes (SYCOVI) gladly welcomed the beginning of the National Assembly�s review of the implementing legislation of the Rome Statute on 2 November 2010, which led to its admission on 4 November and its referral to the Political, Administrative and Legal Commission (PAJ) for a detailed review before the article-by-article vote�

This law proposal is a decisive step for the fight against impunity for the most serious crimes committed in Democratic Republic of the Congo, whose perpetrators often get away from prosecution due to the material and legal limitations of the International Criminal Court. This is the opportunity to stress the responsibility of the domestic judiciary to take the alleged perpetrators of international crimes to court�

SYCOVI recommends:
� The Commission PAJ of the National Assembly:
- �to promptly take all the necessary steps to ensure that the legislation is submitted to a vote before the end of the session.
� To all the national deputies:
- To show great support and pass the legislation as they did during the preliminary examination for its admissibility�.�

v. �The DRC National Assembly will finally take a decision regarding the implementation bill�, Press Release, ACADHOSHA, 4 November 2010, http://www.iccnow.org/documents/ACADHOSHA_p_r_on_implementation_bill_before_DRC_Parliament_4Nov2010_FR.pdf [French]

��on November 4, 2010, the Honorable MPs of the Democratic Republic of the Congo (DRC) will initiate the review of the bill on the implementation of the Rome Statute.

We welcome this key step, which we have been waiting for since 2005. Every year, this item was included in the agenda of the National Assembly but was never addressed. We believe that the Honorable MPs won�t miss this opportunity to reaffirm the Congolese commitment in the fight against impunity for international crimes.

The International Criminal Court can now rely on the help of Congolese courts in this fight pursuant to the principle of complementarity.

However, the concern raised by the Minister of Justice during an informal meeting with civil society organizations working in the DRC during the Review Conference of the Rome Statute in Kampala remains the abolition of the capital punishment in this bill, which may draw all the attention and be at the heart of the MPs� discussions and may well cause the rejection of the bill itself...�

II. RELATED PRESS ARTICLES

i. « The National Assembly discusses the law proposal on the implementation of the Rome Statute » (« Assemblée nationale: débat sur le projet de loi relatif à la mise en �uvre du statut de Rome »), Radio Okapi, 4 November 2010, http://radiookapi.net/actualite/2010/11/05/assemblee-nationale-debat-sur-le-projet-de-loi-relatif-a-la-mise-en-oeuvre-du-statut-de-rome/ [French]

ii. « The capital punishment at the heart of the debate » (« La peine capitale s�installe dans le débat public »), Le Potentiel, 9 Novembre 2010, http://www.lepotentiel.com/afficher_article.php?id_edition=&id_article=103090 [French]

************************************

CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts.

Communications to the ICC can be sent to:
ICC P.O. box 19519 2500 CM the Hague
The Netherlands

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		CICC and NGO Media statements on DRC Parliament�s recent approval of the ICC implementing bill 09 Nov 2010 Dear colleagues, Please find below latest press statements issued by the Coalition and its members on the DRC Parliament�s recent approval of the ICC implementing bill, the first crucial step before the bill can be adopted by the National Assembly (I) as well as related press articles (II). For further information, visit our website at: http://www.coalitionfortheicc.org/?mod=ratimp or contact Ms. Brigitte Suhr, Director of Regional Programs at [email protected] Please also take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC. The translations provided below belong to the CICC. Best regards, CICC Secretariat www.coalitionfortheicc.org ************************************* I. PRESS RELEASES FROM THE COALITION AND ITS MEMBERS i. �Global Justice Coalition Welcomes Advances in the Criminal Law Reform in the Democratic Republic of Congo�, CICC Press release, 9 November 2010, http://www.iccnow.org/documents/DRC_implementation_Nov2010_en.pdf �The Coalition for the International Criminal Court (CICC) � a global network of more than 2,500 non-governmental and civil society organizations advocating for justice � welcomes the ongoing national parliamentary debates on the DRC�s draft law criminalizing grave crimes. �The Rome Statute of the International Criminal Court contains modernized definitions of crimes and general legal principles that enshrine high standards of due process,� said Francis Dako, CICC Africa Coordinator. �Implementing Rome Statute obligations into national legislation thus ensures more robust national criminal law, which is essential to the fight against impunity for genocide, war crimes and crimes against humanity.� On 4 November 2010, following a heated debate on the law, a simple majority of Members of Parliament declared it admissible. This vote is the first crucial step before the law can be adopted by the plenary. In accordance with Congolese law, the implementation law will now be transmitted to the Commission Politique Administrative Juridique (PAJ) in the National Assembly for further deliberation. Over the years, the Coalition has steadfastly committed itself to advocating for the incorporation of Rome Statute crimes into DRC national legislation as a key step forward in creating a national justice system better able to proceed with investigations and prosecutions of grave crimes. In partnership with members in the DRC, the Coalition has supported initiatives such as workshops and awareness-building on the Rome Statute in an effort to accelerate the implementation process. �The Coalition commends the past and ongoing efforts of certain DRC parliamentarians, in particular members of Parliamentarian for Global Action (PGA), to ensure the implementation of the Rome Statute into national law,� said Dako. �We further encourage all actors involved in the process, including international experts and organizations providing professional assistance, to firmly continue to work for the adoption of the implementation law.� Once enacted, the law would create a path for the DRC to establish a national Fund for Victims and it would allow national courts to prosecute perpetrators of genocide, crimes against humanity, and war crimes�.� ii. �The DRC National Assembly declared that the implementing legislation of the Rome Statute is admissible�, PGA Press Release, 4 November 2010, http://coalitionfortheicc.org/documents/PGA-DRC_4Nov2010.pdf [French] ��During the debate, the law proposal had been supported by various members of Parlementarians for Global Action, notably the Honorable Emmanuel Adubango Ali, who stressed the importance of this law for the future creation of a national reparations trust fund for victims. The Honorable Sabine Muhima Bintu�emphasized the responsibility of the Congolese courts to fight against impunity�15 people took the floor during the debate, including some opposition deputies who argued against the proposal� The implementation legislation will be sent to the Political, Administrative and Legal Commission (PAJ) of the National Assembly to be studied in detail�.� iii. �The DRC Coalition for the ICC welcomes the admission of the law proposal on the implementation of the Rome Statute�, CN-CPI, 5 November 2010, http://coalitionfortheicc.org/documents/Communique_sur_la_loi_de_mise_en_oeuvre.pdf [French] �The DRC Coalition for ICC welcomes the admission of the proposed Rome Statute implementation law on 4 November 2010. After stormy discussions, the proposal was sent to the Political, Administrative and Legal Commission (PAJ) of the National Assembly� �this law modifies and complements many legal clauses. For example, war crimes, crimes against humanity and genocide will be inserted in the Congolese penal code; criminal majority will be pushed back from 16 years old to 18 and a clause will ensure that the sentences will be the same for perpetrators and for accomplices. A clause for an effective cooperation between the domestic courts and the International Criminal Court, as well as the strengthening of the dispositions for a fair trial, will be inserted in the Code of criminal procedure. The jurisdiction of the three international crimes will be withdrawn from the military penal code� These amendments and modifications will allow the Congolese judiciary to meet the international standards of the Rome Statute to fight effectively against impunity for the most serious crimes and other serious human rights violations�� iv. �Review of the implementation legislation of the Rome Statute in the DRC National Assembly�, SYCOVI, 05 November 2010, http://coalitionfortheicc.org/documents/COMMUNIQUE_DE_PRESSE_No004_Sycovi_5nov2010.pdf [French] �La Synergie des ONG Congolaises pour les victimes (SYCOVI) gladly welcomed the beginning of the National Assembly�s review of the implementing legislation of the Rome Statute on 2 November 2010, which led to its admission on 4 November and its referral to the Political, Administrative and Legal Commission (PAJ) for a detailed review before the article-by-article vote� This law proposal is a decisive step for the fight against impunity for the most serious crimes committed in Democratic Republic of the Congo, whose perpetrators often get away from prosecution due to the material and legal limitations of the International Criminal Court. This is the opportunity to stress the responsibility of the domestic judiciary to take the alleged perpetrators of international crimes to court� SYCOVI recommends: � The Commission PAJ of the National Assembly: - �to promptly take all the necessary steps to ensure that the legislation is submitted to a vote before the end of the session. � To all the national deputies: - To show great support and pass the legislation as they did during the preliminary examination for its admissibility�.� v. �The DRC National Assembly will finally take a decision regarding the implementation bill�, Press Release, ACADHOSHA, 4 November 2010, http://www.iccnow.org/documents/ACADHOSHA_p_r_on_implementation_bill_before_DRC_Parliament_4Nov2010_FR.pdf [French] ��on November 4, 2010, the Honorable MPs of the Democratic Republic of the Congo (DRC) will initiate the review of the bill on the implementation of the Rome Statute. We welcome this key step, which we have been waiting for since 2005. Every year, this item was included in the agenda of the National Assembly but was never addressed. We believe that the Honorable MPs won�t miss this opportunity to reaffirm the Congolese commitment in the fight against impunity for international crimes. The International Criminal Court can now rely on the help of Congolese courts in this fight pursuant to the principle of complementarity. However, the concern raised by the Minister of Justice during an informal meeting with civil society organizations working in the DRC during the Review Conference of the Rome Statute in Kampala remains the abolition of the capital punishment in this bill, which may draw all the attention and be at the heart of the MPs� discussions and may well cause the rejection of the bill itself...� II. RELATED PRESS ARTICLES i. « The National Assembly discusses the law proposal on the implementation of the Rome Statute » (« Assemblée nationale: débat sur le projet de loi relatif à la mise en �uvre du statut de Rome »), Radio Okapi, 4 November 2010, http://radiookapi.net/actualite/2010/11/05/assemblee-nationale-debat-sur-le-projet-de-loi-relatif-a-la-mise-en-oeuvre-du-statut-de-rome/ [French] ii. « The capital punishment at the heart of the debate » (« La peine capitale s�installe dans le débat public »), Le Potentiel, 9 Novembre 2010, http://www.lepotentiel.com/afficher_article.php?id_edition=&id_article=103090 [French] ********************************** CICC's policy on the referral and prosecution of situations before the ICC: The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands