East African community to start hearing DRC's case against Rwandan support for M23

 The East African Community (EAC) announced the opening, on September 26, 2024, of the examination in public hearing of the application filed by the DRC against Rwanda, due to the alleged abuses committed in the province of North Kivu under the cover of the M23 rebel movement. This announcement was made this Thursday, August 29, 2024 by Samuel Mbemba, Deputy Minister of Justice in charge of international litigation.

“The registry of the Court of Justice of the EAC has published the extract of the role announcing the examination in public hearing of the request of the DRC against Rwanda”, declared Samuel Mbemba, expressing his satisfaction for what he considers it a significant step forward in the legal battle initiated by the DRC.

The hearing on September 26, 2024 will be an introductory session before the first instance, during which the DRC will have to demonstrate how Rwanda violated the act establishing the Community of East African States. The accusations relate to the Rwandan military presence in the east of the DRC, as well as the looting, rapes and massacres perpetrated in this region. “The DRC will show how Rwanda is violating the act establishing the community of East African States, through its presence in the east of the DRC, the looting of minerals from our country, the massive rapes and killings committed there,” explained Samuel Mbemba.

The DRC's lawyers, having already documented these facts, will present their arguments before the Court, while Rwanda will have the opportunity to defend itself. The Court will then have to rule on the possible violation of the founding act of the EAC by Rwanda. “This first instance will examine the case on the basis of the lawyers’ pleadings. The Democratic Republic of Congo has lawyers who documented this and filed the motion. Then, Rwanda will also come to defend itself and the Court will say whether there is really a violation of the act establishing the EAC by the presence of Rwanda here or not. Certainly, we will win this stage,” said the Deputy Minister.

In the event of a decision favorable to the DRC, Rwanda could appeal to the appeals chamber of the EAC Court of Justice. It is only after the exhaustion of remedies that the DRC will be able to begin a phase of claiming compensation for the victims of Rwandan abuses. “And this is where we are going with Rwanda's right to perhaps appeal. And still at court level, there is an appeals chamber. It is beyond the appeals chamber that we will move on to the phase of claiming compensation for the victims of Paul Kagame's Rwandan actions in the DRC,” Mbemba clarified.

He also mentioned that “the procedural deadlines, at this stage, we cannot give them to you because each country will come, therefore Rwanda like the DRC, with its pretensions, and all this will play out over time. the first instance will take to deal with it, but also perhaps a possible appeal that Rwanda will file.”

The EAC Court of Justice plays a crucial role in protecting human and peoples' rights in Africa, complementing the functions of the African Commission on Human and Peoples' Rights. Samuel Mbemba concluded by reaffirming the DRC's commitment to this procedure, declaring: “We are determined to pursue this path to defend the rights and sovereignty of our country. »