Security Sector Reform and the UN Mission in the Democratic Republic of Congo: Protecting Civilians in the East
2009; Taylor & Francis; Volume: 16; Issue: 2 Linguagem: Inglês
10.1080/13533310802685844
ISSN1743-906X
Autores Tópico(s)International Law and Human Rights
ResumoAbstract The Democratic Republic of Congo has been plagued by continued conflict and violence in the East despite the official ending of the war. And civilians have borne the brunt of this conflict. Security sector reform (SSR) is a critical element in ensuring security, stability and sustainable peace. This article examines security sector reform conducted by the UN Mission in Congo, and also refers to other actors involved in the process, focusing primarily on the East where insecurity is prevalent due to the non-integrated Congolese forces, the Armed Forces of the DRC, other armed groups and foreign, mainly Rwandan, troops. It contends that SSR is vital to protect civilians and that thus far MONUC has not fulfilled its mandate of protection. Notes Please note all interviews conducted for this article have been kept confidential. International Rescue Committee, ‘Mortality in the Democratic Republic of Congo, An Ongoing Crisis’, New York, 2008 (at: www.theirc.org/resources/2007/2006-7_congomortalitysurvey.pdf). Security Council Resolution 1565, 1 Oct. 2004, S/RES/1565(2004), paras 4,5,6. Ibid. Security Council Resolutions: 1649, 21 Dec. 2005, S/RES/1649, para.11; 15 May 2007, S/RES/1756 (2007), para.2, 21 Dec. 2007, S/RES/1794 (2007), paras 5,8,13. Organization for Economic Cooperation and Development – Development Assistance Committee (OECD DAC), Handbook on Security System Reform, Supporting Security and Justice, OECD, Paris, 2007, p.5. DAC Guidelines and Reference Series, OECD/DAC Security System Reform, OECD, Paris, 2005, p. 20. Nicole Ball, ‘The Security Sector Reform Strategy’, Department for International Development (DFID), Evaluation Report 647, London, Mar. 2004, p.6. Amnesty International, ‘DR Congo: Torture and killings by state security agents still endemic’, London, 24 Oct. 2007 (at: www.amnesty.org/en/library/asset/AFR62/012/2007/en/dom-AFR620122007.pdf). Local Defence Forces (LDF), officially called Unités d'autodéfense et de dévelopment (UAD), is a state-organized paramilitary group, which was expanded by Governor Eugene Serfuli when he came to power in 2000. Swisspeace, Fast International, Fast Update, ‘DRC/Kivu: Trends in conflict and cooperation’, no.5, Kivu, Oct./Nov. 2007 (at: www.swisspeace.ch/typo3/fileadmin/user_upload/pdf/FAST/Updates/2007/Kivu_FAST_Update_5_2007_final.pdf). BBC News, ‘UN to join attack on Congo rebels’, 4 Dec. 2007 (at: http://news.bbc.co.uk/1/hi/world/africa/7127661.stm). See e.g. Integrated Regional Information Network (IRIN) humanitarian news and analysis, UN Office for the Coordination of Humanitarian Affairs, ‘DRC: Nkunda boycott could leave IDPs stranded’, Kinshasa, 29 Feb. 2008 (at: www.irinnews.org/Report.aspx?ReportId=76950). For an in-depth analysis of sexual violence during the war see Human Rights Watch, ‘Seeking Justice: The prosecution of sexual violence in the Congo war’, New York, Mar. 2005 (at: www.hrw.org/reports/2005/drc0305/drc0305.pdf). Interviews with Congolese women's groups in North Kivu, Sept. 2006. This is not a result of heightened reporting, since rape continued to be grossly under-reported due to the stigma. One organization reported that 80 per cent of rapes in their area were committed by military forces, author's interview, Rutshuru, Sept. 2006. MONUC, DDRRR unit statistics, 2007 (in author's possession). Unofficial estimates of the presence of foreign forces are much higher. Interview with MONUC unit and senior DDRRR representative, Kinshasa, Sept. 2006. Interview with senior MONUC official, Kinshasa, Sept. 2006. Ibid. UN News Service, ‘Security Council extends arms embargo against militia groups in DRC’, 15 Feb. 2008 (at: www.globalsecurity.org/military/library/news/2008/02/mil-080215-unnews03.htm). This led MONUC to begin to neutralize foreign armed groups in the East. African Press Agency, ‘UN takes action against Rwanda rebels in Congo’, 29 Jan. 2008 (at: www.netnewspublisher.com/un-takes-action-against-rwanda-rebels-in-congo/). The Congolese Armed Forces (FAC), Congolese Rally for Democracy–Goma (RCD–G), Congolese Rally for Democracy–National (RCD–N), Congolese Rally for Democracy – Liberation Movement (RCD–ML), Movement for the Liberation of Congo (MLC) and the Mayi-Mayi. Interview with senior CONADER official, North Kivu, Sept. 2006. Interview with senior representative SSR unit, Kinshasa, Sept. 2006. The aim is to reach US$50. International Crisis Group, ‘Congo: Staying engaged after the elections’, Africa Briefing no.44, Nairobi/Brussels, 9 Jan. 2007 (at: www.crisisgroup.org/library/documents/africa/central_africa/b44_congo___staying_engaged_after_the_elections.pdf); interview with senior representative SSR unit, Kinshasa, Sept. 2006. Interview with senior staff member Political Affairs, MONUC, Goma, Sept. 2006. MONUC, Press Conference, General Babacar Gaye (MONUC) and General Dieudonné Kayembe (FARDC), 23 Nov. 2007 (at: www.monuc.org/news.aspx?newsID=16124). Interview CONADER representative, Goma, Sept. 2006. See e.g. Amnesty International, ‘DRC: Stability threatened as country fails to reform army’, London, 25 Jan. 2007 (at: www.amnesty.org/en/library/asset/AFR62/002/2007/en/dom-AFR620022007en.pdf). Interviews with CONADER and civil society groups, North Kivu, Sept. 2006. For example, CONADER states that they ‘sensitized’ 500 civilians in Masisi in May of 2006 over a period of four days, but says little of what this process included. CONADER Flash Infos, no.4 June, 2006, p.5 (in author's possession). Eoin Young, ‘Round table talks on security sector reform’, MONUC, 26 Feb. 2008 (at http://allafrica.com/stories/200802260638.html). MONUC, Human Rights, Mandate and Activities, ‘Current human rights concerns’ (at: www.monuc.org); Amnesty International, ‘DR Congo: Torture and killings by state security agents still endemic’, London, 24 Oct. 2007; OHCHR, ‘Democratic Republic of Congo, 2008–2009’ (at: www.ohchr.org/EN/Countries/AfricaRegion/Pages/ZRSummary0809.aspx). For example in the first 5 months of 2006 the vast majority of reported rapes compiled by La synergie provinciale de lutte contre les violences sexuelles were reportedly committed by FARDC. But many women's groups in the East stated in 2006 that women were often unable to tell whether the perpetrator was integrated, non-integrated or FDLR. Twenty-third report of the Secretary-General on MONUC, UN doc., S/2007/156, p.8, para.33. Interview with senior staff member of an international organization in the DRC, 19 Feb. 2008. International Crisis Group, ‘Security sector reform in the Congo’, Africa report no.104, Nairobi/Brussels,13 Feb. 2006, pp.18–19 (at: www.crisisgroup.org/library/documents/africa/central_africa/104_security_sector_reform_in_the_congo.pdf). MONUC, ‘New MONUC training project for FARDC integrated brigades’, 6 July 2007 (at: www.allafrica.com/stories/200707060755.html). Consultative Group Meeting on the DRC, Paris, 29–30 Nov. 2007 (at: http://web.worldbank.org). Human Rights Council, General Assembly, UN doc., A/HRC/4/7, 21 Feb. 2007. MONUC, ‘SSR a priority beyond the elections’, Kinshasa,16 June 2006 (in author's possession). Interview with senior PNC officer, Goma, Sept. 2006. Interview Human Rights Officer, MONUC, Goma, Sept. 2006. A traditional chief in an area of North Kivu mentioned this as a particular problem in his area, in an interview, Sept. 2006. Interview with women's organizations in Rutshuru, Sept. 2006. International Crisis Group, 2006, p. 7 (see n.33 above). Ibid. pp.8–10. Young (see. n.29 above). Interview with senior PNC officer, Goma, Sept. 2006. Interviews with UNPOL and PNC, Goma, Sept. 2006. Interview with senior Political Affairs Officer, MONUC, Goma, Sept. 2006; UN doc., S/2007/156, p.8, para.35. Interview with senior official Rule of Law Unit, MONUC, Kinshasa, Sept. 2006. Interview with Gender Unit, MONUC, Kinshasa, Sept. 2006. See e.g. Human Rights Watch, ‘DRC: Tens of thousands raped, few prosecuted’, Kinshasa, 7 Mar. 2005 (at: www.hrw.org/english/docs/2005/03/07/congo10258.htm). Interviews with Human Rights Officer and SSR unit, Child Protection, MONUC, Goma, Sept. 2006. IRIN, ‘DRC: Interview with Pierre Akele Adua, President of the Congolese military high court’, Kinshasa, 13 April 2006 (at: www.irinnews.org/report.aspx?reportid=58732). Interview with senior official Rule of Law unit, Kinshasa, Sept. 2006. Interview with Gender Unit, Kinshasa, Sept. 2006. Ernest Harsch, Africa Renewal, UN, ‘Building a state for the Congolese people’ 3 Jan. 2008 (at: worldpress.org). Interview with Congolese judge, Kinshasa, Sept. 2006. Interview with senior staff member of organization in the DRC, 19 Feb. 2008. See e.g. Human Rights Watch, ‘DRC: Civilians attacked in North Kivu’, July 2005, p.11 (at: http://hrw.org/reports/2005/drc0705/drc0705.pdf). Harsch (see n.55 above). Telephone interview with MONUC officer, Kinshasa, 2008. IRIN, ‘DRC: Alarm over lack of care leading to 16 prison deaths’, Kinshasa, 25 Feb. 2008 (at: www.irinnews.org/report.aspx?ReportId=76923). Interview with Rule of Law Officer, Goma, Sept. 2006. ReliefWeb, UN press release, ‘UN expert on violence against women expresses serious concerns after visit to Democratic Republic of Congo’, New York, 27 July 2007(at: www.reliefweb.int/rw/RWB.NSF/db900SID/LSGZ-75LG2D?OpenDocument). IRIN, ‘DRC: Calls to extend prisoner release’, Kinshasa, 30 July 2008 (at: www.irinnews.org/Report.aspx?ReportId=79531). IRIN, ‘DRC: Prison riots over conditions leaves two dead in Ituri’, Bunia, 26 Jan. 2007 (at: www.irinnews.org/report.aspx?reportid=65817); IRIN ‘DRC: Hungry prisoners threaten revolt’, Bunia, 27 Feb. 2008. (at: www.irinnews.org/Report.aspx?ReportId=76995).
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