1.1 Background of the study
Human rights are universal. They are privileges inherent in every individual and are inalienable.
The Congolese constitution has captured the various human rights which the law seek to protect under sections 4-6 of the constitution which are: Right to life, Right to dignity of human person, Right to personal liberty, Right to fair hearing, right to private and family life, Right to freedom of thought, conscience and religion, Right to freedom of expression and press, Right to peaceful assembly and association, Right to freedom of movement, Right to freedom from discrimination, Right to acquire and own immovable property anywhere in the region, Right to compensation (compulsory acquisition of property) , Restriction on and derogation from fundamental human rights, Special Jurisdiction of High court and Legal rights. (Constitution of the republic of Congo, 1992)
The above mentioned are the basic rights which the Congolese’s security services never attached any importance to safeguard rather a constant violation are been seen in the country (International covenant on Civil and Political Rights)
According to Valenzuela, J.S, 1990, some of the rights typically being violated in Congolese communities include: the right to life, the right to health, the right to freedom from discrimination, the right to freedom of associations and peaceful assembly, the right to equal protection of the law, right to the dignity of human person, right to work, right to means of livelihood or employment and the right to development. The conceptual elucidation on democratic consolidation is perhaps the operationalization of the concept of democracy itself. Therefore, democracy stands for a people-centred system of government, which entails periodic popular elections, in which the sanctity of the electoral process is strictly guaranteed. Implicit in this position is the connotation that democracy not only allows mass participation, by way of encouraging the electorate to participate in the selection of their representatives, but also that democracy is nourished by transparency and accountability in public administration. (New South American Democracies in Comparative perspective). Democratic consolidation critically refers to the growing of the defence mechanisms of democracy.
Consequently, democratic consolidation is a process and not an accomplishment. Some scholars tend to view democratic consolidation as an achievement. According to Valenzuela (1990), the building of a consolidated democracy involves in part an affirmation and strengthening of certain institutions, such as the electoral system, revitalized or newly created parties, judicial independence and respect for human rights, which have been created or recreated during the course of the transition. In this context, democratic consolidation becomes a post-transitional condition, curiously akin to some developmental fixity.(Yaboyaju, D.A, 2013)
1.2 STATEMENT OF THE PROBLEM
Extrajudicial killing/murder is the act of arbitrarily taking someone’s life, denying or violating a person’s right to life without recourse to the due process of the law. Generally, in Congo today, the sanctity and sacredness of human life has almost lost its real meaning.
State security forces committed tyrannous and illegal killings in operations against RMGs in the east and in the kasia region. According to the UN joint office of human rights, security forces were responsible for 1,176 extrajudicial killings during the year across the country. Many of these extrajudicial killings transpired in the kasias.