In the Democratic Republic of Congo, practising as a lawyer goes far beyond pleading cases before a court. In a context marked by unequal access to justice and significant structural challenges, lawyers are often on the front line defending the rights of the most vulnerable people.
For Dominique Kamuandu, a lawyer and ASF thematic and strategic coordinator for more than twenty years, the role of a lawyer is much broader: that of a committed actor at the heart of the country’s processes of progress and democratisation.
In the DRC, what place do lawyers occupy in promoting access to justice?
Lawyers help bridge the gap between the law and the population. In an environment where the law is often perceived as complex and inaccessible, their presence is essential. They support, advise and defend litigants, while making justice more understandable and accessible.
They also help bring citizens closer to judicial institutions, in a context where trust in the justice system remains fragile.
What is the relationship between lawyers and civil society organisations in the DRC? Is collaboration between these two spheres common?
Yes, very clearly. In the DRC, many civil society organisations active in the defence of human rights are led and/or run by lawyers. Many lawyers, beyond being legal professionals, are also committed social actors.
ASF has worked extensively with them to strengthen this dimension of their work. At ASF, we believe that the role of a lawyer is not limited to providing technical or paid services: through their skills and expertise, they can also contribute to promoting access to justice, fundamental rights and the rule of law.
Lawyers are not the only actors with whom ASF works. The organisation also collaborates with paralegals, who provide community-based legal assistance, as well as with human rights defenders.
These actors play a crucial role: they give a voice to those who are not always able to make themselves heard. Often deeply rooted in local communities, they have a detailed understanding of the realities and needs of the population. Supporting them is therefore a particularly effective way to strengthen the promotion and protection of human rights.
However, their commitment exposes them to risks. In this context, lawyers play a key role by ensuring their defence and providing them with legal support.
In concrete terms, what kind of support does ASF provide to lawyers in the DRC, and what place do they occupy in the organisation’s work?
Since the beginning of its work in the DRC, ASF has placed lawyers at the centre of its action. The organisation works to strengthen their capacities, notably through training and tailored support adapted to their needs, in order to guarantee access to quality legal services, including for the most vulnerable people.
But beyond training, ASF also seeks to transform practices. Access to justice does not begin in court: it starts with access to information and knowledge of rights. To this end, ASF encourages lawyers to support field actors in remote areas, in order to reach victims and communities directly. This work outside courtrooms helps make justice more accessible to populations living far from urban centres.
From this perspective, lawyers play an essential role in enabling people to better understand and claim their rights. Thanks in particular to the lawyers mobilised through its various programmes, ASF has helped raise awareness among many people about their rights and the ways to access justice since the organisation began working in the DRC in 2002.
What are the main challenges lawyers face today in the DRC?
The challenges are numerous. The first is linked to the functioning of the judicial system itself. There are major dysfunctions, notably corruption issues, which can undermine public trust, including trust in lawyers.
There is also a major challenge in terms of training. Although the situation is evolving, many young lawyers do not always have the necessary foundations to practise in good conditions. Continuous professional training therefore remains essential.
In addition, there are significant economic difficulties: a large part of the population cannot afford to pay for a lawyer. Although the DRC has the legal framework needed to act, it still does not fund any legal aid mechanisms in the country. This places legal professionals in precarious situations and limits their ability to practise properly.
Finally, structural constraints persist: the vastness of the territory, the lack of courts in certain areas, and the strong concentration of lawyers in major cities. In some regions, access to a lawyer remains extremely limited.
