African Court deferred judgement on the case involving DR Congo v Rwanda

The African Court on Human and Peoples’ Rights has postponed its judgment in the case of the Democratic Republic of Congo v. the Republic of Rwanda (Application 007/2023) following the conclusion of a two-day public hearing.

The court stated that it will deliberate on the matter, with a decision to be announced at a later date.

The public hearing, which took place on February 12 and 13, was attended by members of the public, human rights observers, media outlets, and interested parties from around the world, both in person and virtually, according to the African Court.

Ms. Chipiliro Kansilanga, Head of the Communication Unit for the African Court, provided this information in a document shared with the Communication for Development and Advocacy Consult (CDA CONSULT) in Accra.

In the case, the Democratic Republic of Congo (the Applicant State) filed its complaint on August 21, 2023, alleging human rights violations linked to the ongoing armed conflict in the country’s eastern region, which has been ongoing since 2021.

The conflict involves the Congolese armed forces and the M23 rebel group, which, according to the Applicant State, is supported by the Republic of Rwanda (the Respondent State).

The Democratic Republic of Congo claims that the conflict has led to a massacre, the occupation of several areas, the displacement of over 520,000 people, a cholera outbreak, and the destruction of educational infrastructure, leaving 20,000 children without access to schooling. Additionally, the conflict has reportedly led to the destruction of electricity facilities, looting of agricultural infrastructure, and damage to homes and health centers.

The Applicant State asserts that the actions of the Respondent State have violated several human rights instruments, including the African Charter on Human and Peoples’ Rights, the Protocol to the African Charter on Women’s Rights, the African Charter on the Rights and Welfare of the Child, and various international covenants on civil, political, economic, social, and cultural rights. It also claims that the Respondent State has provided sanctuary to individuals accused of serious crimes and against whom international arrest warrants have been issued.

The Democratic Republic of Congo has asked the African Court to hold Rwanda accountable, demand the withdrawal of Rwandan troops, end support for the M23 group, and provide reparations to the victims of the conflict.

In response, the Republic of Rwanda raised objections regarding the jurisdiction of the African Court and the admissibility of the case. During the two-day hearing, the court’s judges posed questions to both parties to clarify their submissions.

The African Court on Human and Peoples' Rights is a continental institution created by African Union member states to safeguard human rights across the continent. It is composed of 11 judges who serve in their individual capacity and are elected by member states. The court meets four times a year in Ordinary Sessions and may hold Extra-Ordinary Sessions as necessary. Its mandate includes hearing cases related to the interpretation and application of the African Charter on Human and Peoples' Rights, as well as other human rights instruments ratified by the concerned states.