Rule of Law and Sustainable Peace in North Kivu Province, in Democratic Republic of Congo (DRC)

Abstract

This study examined the influence of rule of law as a governance practice on sustainable peace in North Kivu Province, in DRC. Guided by theory of rule of law, the study employed positivism philosophy and correlational research design to establish functional relationships between the two variables. Using a questionnaire survey mixed with open-ended qualitative questions, the study collected data from 250 respondents in the city of Goma. Findings confirmed a positive and significant relationship between Rule of Law and Sustainable Peace, rejecting the research hypothesis. This means an increase in rule of law would contribute to linear increment in sustainable peace affirming the application of the theory of rule of law. However, a scrutiny of descriptive statistics unveils a discouraging indication of no respect for rule of law in North Kivu Province. The research uncovers a conspicuous deficiency in the application and adherence to the rule of law within the province. Identified factors contributing to the contrasting and preferential application of the rule of law in North Kivu Province encompass, among other issues, a disregard for laws and policies, widespread corruption, clientelism, manipulation of the judicial system by politicians, and inadequate salaries. Additionally, government allies often enjoy impunity for their transgressions. The courts display inconsistent adjudication of justice for severe crimes or killings committed in the province that remain unpunished. The persisting inefficacy of the rule of law significantly contributes to the absence of sustainable peace in North Kivu Province as perpetrators of human rights violations are rather promoted to higher ranks within the national police or in the army after being granted amnesty. The study recommends the necessity for the DRC government to fortify both the military and civilian justice systems in North Kivu. This entails increasing the number of prosecution offices and courts, augmenting the count of prosecutors and judges, and providing them with essential financial, logistical resources, and protection to effectively carry out their responsibilities as well as putting in place mechanisms that ensure that laws, policies and regulations are adhered to by everyone.

Keywords: Governance, Governance practice, Rule of law, Sustainable peace

DOI: 10.7176/EJBM/16-2-07

Publication date:March 31^st 2024