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DRC violated international law by executing 172 young men

Government soldiers and police officers, at right, who surrendered to M23 rebels, left, board trucks to an undisclosed location in Goma, Democratic Republic of Congo, on Jan. 30, 2025.[VOA]

Recent execution of 172 young men convicted of armed robbery, locally referred to as “Kuluna” in the Democratic Republic of Congo (DRC), raises fundamental questions about the DRC’s approach to security governance and its implications for the country’s future stability. The country has endured decades of conflict marked by weak governance, and this has created conditions conducive for the rise of criminal gangs such as “Kuluna” that thrive in urban centres plagued by unemployment and poverty.

From a peace and conflict management perspective, the execution raises concerns on systemic flaws in the DRC’s security and justice sectors. This signals erosion of trust in the criminal justice system. Public distrust therefore undermines the state’s legitimacy. Reports suggest that the young men were denied fair trials and that the judicial process was punctured with loopholes casting serious doubts on the legality of the sentences.

This violates not only international law but also the African Charter on Human and Peoples’ Rights, in Articles 4 and 7 which underscores the sanctity of human life. Moreover, the right to life is a cornerstone of international human rights law, enshrined in Article 3 of the Universal Declaration of Human Rights and Article 6 of the International Covenant on Civil and Political Rights, to which the DRC is a party. These provisions prohibit the arbitrary deprivation of life under any circumstances.

The execution further undermined the importance of rehabilitation in countering organised crime. The state missed an opportunity to integrate restorative justice approaches which could have otherwise addressed drivers of crime such as socio-economic factors which includes poverty and unemployment.

There is also risk for potential escalation of tension and crime rather than general deterrence. Communities affected by execution may deem them unjust, thereby fueling resentment in an already polarised and fragile security landscape.

On the international stage, the DRC’s actions risk alienating international partners and donors who prioritise human rights and justice reforms. This may jeopardise ongoing technical assistance and critical funding needed to stabilise the country. Authoritarian approach to crime can embolden heavy handed approach thereby muzzling existing civil societies and human rights groups. The international community has a critical role in addressing these violations. The United Nations and regional bodies like the AU should increase diplomatic pressure on the DRC to uphold its human rights obligations.

Going forward, DRC should adopt human-centered and conflict sensitive strategies while dealing with emerging security challenges such as the gangs. The government should invest in preventive measures by addressing root causes of crime such as unemployment and prioritising measures such as job creation and training. There is need to strengthen DRC’s justice system. Fair trial and representation are essential to restoring public confidence in state institutions.

The state should be deliberate in promoting community policing thereby reducing reliance on punitive and high-handed measures. Engaging communities in security efforts can foster trust and improve intelligence-sharing. Moreover, the state should adopt restorative justice system. Initiatives such as community service programs and dialogue forums can transform gangs into productive and law-abiding citizens.

Mr Otieno is a security, peace and conflict expert 

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