CPRDC Workshop on laws pertaining to the Constitutional Court, the Court of Appeals, the Council of State, and the Organization and Competence of the Judiciary

Remarks by Ambassador Roger A. Meece
February 22, 2007
Shaumba High school’s conference room

Minister of Justice,
Representatives of the Institutions of the Republic,
President of Permanent Commission for the Reform of Congolese Law,
Senior Civil and Military Magistrates
Representatives of Partners for Development,
Delegates of Political Parties and of Civil Society Organizations,
Distinguished guests,

Good morning,

It is my privilege to be with you at the opening of this national workshop dedicated to judicial sector reform in the Democratic Republic of Congo.

I am very pleased that the United States, through the Agency for International Development (USAID), is able to provide support for this very important initiative to support reform of the Congolese judicial system, along with our colleagues from the UK, France, and the European Commission.  I think we all recognize that this sector is of critical importance to the future success of the Congo and its government.  

I am particularly impressed to see that so many among you today are from all the provinces of the Congo, making this a truly national endeavor.  You have come to review proposed legislation relative to the judicial sector.  At the end of three days, you will have helped the Commission to produce stronger bills for the government to present to the legislature.  At the end of three days, you will also have formed a strong and vital constituency to advocate for a judiciary with high ethnical and professional standards, and fully capable of defending its independence.

Ever since the 18th century, when the ideas of Locke and Montesquieu were first enshrined in the constitution of the United States, the separation of powers has been a fundamental doctrine of successful democratic government.  The principle requires strong and effective executive, legislative, and judicial systems, each able to function effectively and independently within its respective sphere of authority.  The constitution of the United States, now 220 years old - and the oldest written constitution still in use – dedicates its first three articles to establish those separate and distinct powers. These separate legislative, executive and judicial powers, respectively, write the laws, in the name of the electorate; promulgate, apply and enforce the laws; and pronounce on violations of the law.  

In America, a relatively young nation, we have the rule of law.  Whether we are Republicans, Democrats, Independents, Asian-Americans, Hispanic-Americans, African-Americans, American- Indians, of European descent, or whatever mix, our common heritage as Americans, that which makes us proudly salute our flag, is respect for the law, and the institutions which uphold the law.

I believe we all in this hall share the premise that respect for the law should be paramount. Respect for the law means a number of things.  It means no one is above the law, and that all must be equal before the law.   Closely related, this also means that all citizens should have access  to the law, without fear, favor, or prejudice.

Respect for the law also means that laws must be seen as fair and just.  The civil rights movement of the last century – associated with Thurgood Marshall, Martin Luther King and many others – reminded us Americans of that, and I think it is a principle that merits frequent repetition in all societies.

Distinguished Delegates,

By examining threats to an independent and effective judiciary, we can easily see why these principles are so important:

- A decision of a court ordered or imposed by the executive power would, in effect, place someone above the law.  Once that precedent is established, there is less assurance of equal treatment before the law, less predictability, and therefore less trust in a court’s judgment.  And there is more likelihood of continued impunity.  Once the courts become just another arm of the executive, an important counterweight is lost, and there will be no justice.

- An executive or legislative power which sidesteps legal procedures and due process, by throwing someone in jail without an independent hearing or trial, encroaches on and undermines independent judicial authority and substitutes political expediency for the rule of law.

- Any power which ignores a court’s decision, whether a government official or an illegal warlord, represents another and serious threat to the rule of law. All branches of the government must uphold court authority if a government is to be effective and society is to advance.

- A judge who lets him or herself be persuaded, by payments or favors, to bend the law when making a judgment is yet another threat to an independent judiciary.  Judicial corruption, like all corruption, is a corrosive agent which undermines and ultimately destroys the authority and legitimacy of the institution.

This country has seen far too much of these kinds of actions during a long and troubled history.  It is time to open a new chapter. 

A judiciary which takes orders or inducements from outside, or a judiciary which is ignored, these are indeed the kinds of threats to an independent judiciary these bills must guard against.  This proposed legislation will be fundamental to the future of the rule of law in the Democratic Republic of Congo.

This is a wonderful opportunity to bring your collective wisdom to the fore, so that the laws the national legislature will pass will bring an independent and accessible judiciary to the Congolese people.   You bear an important responsibility for helping to chart the future in a new era for the Congo.  The work you are doing to reform and reinvigorate Congo’s judicial system will be vital to the country’s future, with long-term effects for many years to come.  I wish you well in your endeavors, and assure you that your partners in the international community stand with you.

Thank you.