The Hague/New York/Kinshasa

It is with profound concern that PGA became aware this morning of the communication of a circular from the Ministry of Justice of the Democratic Republic of the Congo formalizing the decision to lift the moratorium on the death penalty in the country, thus proceeding with the resumption of executions after 21 years.

This decision follows a request made on 5 February 2024 by the Supreme Defence Council to the Supreme Commander of the FARDC and the President of the Democratic Republic of the Congo to lift the moratorium on executions of death row prisoners, in force since 2003, particularly those accused of treason at the front. In a concerted vigorous opposition from civil society organizations, PGA joined Ensemble contre la peine de mort (ECPM) and members of the World Coalition against the death penalty in deploring the request and calling on the Congolese authorities, as well as PGA members in the DRC, to continue their efforts in promoting human rights and the Rule of Law – two elements that are in contradiction with the return of the death penalty.

It is, moreover, particularly worrisome that the provisions included in this circular may extend executions to citizens. Contrary to the beliefs and propositions submitted in this ministerial memo, the resumption of the death penalty would not have any other effect but to perpetuate a cycle of violence. The instrumentalization of executions to instill repression never fosters genuine security: it only exacerbates the existing challenges already faced by the population.

PGA calls on its members both within the DRC and globally to gather and join their forces with the abolitionist movement, in order to prevent such a resumption of executions.

Hon. Millie Odhiambo, MP (Kenya), Convenor of PGA’s Campaign on the Abolition of the Death Penalty

By issuing this circular, the DRC authorities position themselves in contrast to the positive momentum witnessed across Africa over recent years, where numerous nations are advancing towards the abolition of the death penalty. Resuming executions, for the first time since 2003, would only compound the existing suffering endured by the people in the DRC, entrenching impunity in a society already grappling with its ramifications. Universal abolition remains the primary path to safeguarding human rights and promoting a fairer and more humane society. Hon. Millie Odhiambo, MP (Kenya), Convenor of PGA’s Campaign on the Abolition of the Death Penalty

According to ECPM, more than 800 people are on death row in the DRC. The organization also reports that in 2022, more than 163 death sentences were handed down by the courts.

PGA opposes capital punishment in all circumstances. Parliamentarians have a crucial role to play in the movement to restrict the use of the death penalty and ultimately abolish it through drafting legislation, deliberating on national policies, and enlightening public opinion.