When Reality contradicts Rhetoric: Civilians Protection in the DRC


 

 

Despite the collective shame
and regret expressed over genocides and related atrocities, gross violations of
human rights, and mass killings continue in the Great lakes region of Africa and
in DRC in particular. Conflict, violence and religious radicalism continue to
undermine the maintenance of peace and security and the promotion of human
rights in the region. Civilians bear the heaviest brunt of acts of terror, wars,
and criminal violence.
How
best to effectively respond to this threat, is the central question this brief
sets out to discuss.

Protecting civilians in the
DRC: A nightmare?

A clear picture of civilian
suffering in the DRC has just been painted in the second Cross-Cutting Report of
the Security Council
Report
dealing with Protection of Civilians.
[2] It is clear from this report
that 'over the past 14 years, the DRC has experienced continuous instability
and a civil war that took an extremely heavy toll on the civilian population.
The numbers are vast: from the spill-over from the Rwandan genocide in 1994, to
the 1996-1998 and the 1998-2003 civil wars and the ensuing political
transitions, millions of civilians died of conflict-related causes and hundreds
of thousands of others were displaced. The second civil war alone is estimated
to have led to the death of between 3.3 and 5.4 million civilians, which ranks
it as the world's deadliest conflict since World War II. The war involved dozens
of rebel groups-both Congolese and foreign, including Rwandan
"génocidaires", the LRA and the Angolan UNITA-in
addition to other African countries: Rwanda, Uganda, Burundi, Sudan, Angola,
Zimbabwe, Chad and Namibia.'
[3]

Today, the DRC continues to
face instability in its eastern provinces and resulting abuse against the
civilian population. The primary causes are the recalcitrant foreign and
Congolese militias (in particular the Rwandan Forces
démocratiques de libération du Rwanda,
or FDLR, the LRA and General
Laurent Nkunda's forces), the resulting controversial relations between the DRC
and Rwanda/Uganda, and the lack of discipline and integration within the
government's security forces.
[4]

The current situation in
eastern DRC is a tragic part of Africa's contemporary history, despite
international community's pledge to never let another chaotic situation happen
again in this region. It is a failure of governments, international
organisations and the UN Security Council to generate the necessary political
will to protect the world's citizens. In this line,
the
United Nations Mission in the DR Congo (MONUC), the biggest international
peacekeeping mission, has been criticized by an increasingly angry population
for failing to prevent the advance of rebels led by Laurent Nkunda.
There are also reports
that
hundreds of protesters had attacked the mission's headquarters, saying the UN
was not doing enough to protect them.
 Demonstrators
are angry that the 17,000-strong UN force has not better protected them against
an offensive by rebel forces.

Against this background,
someone can ask if
MONUC is really a "Mission" or an
"Omission" in protecting civilians? It is therefore clear that the development
of law, norms and political mechanisms to allow collective intervention in
crisis situations is of little more than academic value if it is not accompanied
by a political will to protect civilians.

With political will,
rhetoric can be transformed into reality

With sufficient political will
– on the part of Africa and on the part of the international community
–protecting civilians in Africa can be enhanced. Governments must not wait to
act until images of death, destruction and mass displacements are shown on TV
screens. With political will, rhetoric can be transformed into reality. Without
it, not even the noblest sentiments will have a chance of success. Political
will is also needed from the international community. Whenever the international
community is committed to making a difference, it has proved that significant
and rapid transformation can be achieved. Yet significant progress will require
sustained international attention at the highest political levels over a period
of years.

On a continent where gross
human rights abuses and violence are rampant, African leaders have not
demonstrated the will to exercise the African Union's right to intervene to stem
gross human rights violations in either a concerted or consistent manner. Yet
the involvement of the international community – and of African states in
particular – in seeking to promote peace and security remains ad
hoc
and
inconsistent. Generating the political will to protect civilians remains
therefore a priority in Africa. With sufficient political will – on the part of
Africa and on the part of the international community – protection of civilians
in Africa can be enhanced.
Genocide
and other related atrocities are not only a dark legacy of the past but a threat
to the present and future of many societies.

It is Time to Demonstrate
that Civilian Protection is a Shared Responsibility!

It should be noted that
civilian protection is not just a responsibility of the government, armed
forces, and other security apparatus but rather a collective and shared
responsibility of the state, civil society groups and the international
community. In this regard, the responses to protect civilians should immensely
benefit from Vaclev Havel's sagacious words, "we live in a new world, in
which all of us must begin to bear responsibility for everything that
occurs."
[5] Besides a strong commitment,
effective protection of civilian requires resources. Over time, civilian
protection must not only become a norm but also a practice. Its success as a
norm will rightly be judged on whether it has reduced the vulnerability of
civilian populations to armed conflict, and on the extent to which human rights
and humanitarian obligations are observed and enforced. Successful
implementation of protection strategies requires the development of a
comprehensive and holistic approach to security combined with the necessary
political will
.

 



[1] Expressed in the United
Nation Resolution A/60/L.1 referred to as the 2005 World Summit Document (or,
simply, the Outcome Document)

 

[2] Security Council Report, Cross-Cutting
Report, Protection of Civilians, 2008, Number 02, 14 October 2008. This report
is available online at www.securitycouncilreport.org

[3] Idem

[4] Ibidem

[5] Memorable Quotes and quotations from
Vaclev Havel, at http://www.memorable-quotes.com/vaclev+havel,a2181.html
(Accessed on 15 August 2007)

 



[i] Dr Joseph Yav
Katshung
is an Associate
Professor in the Faculty of Law at the University of Lubumbashi, an Advocate at
the Lubumbashi Bar Association and the coordinator of the UNESCO Chair for Human
Rights, Democracy, Good Governance, Conflict Resolution and Peace at the
University of Lubumbashi, DRC. He can be contacted by Email at : info@joseyav.com By Fax: +1 501 638 4935 Web site: www.joseyav.com



Dr. Joseph
Yav
———————-
– Avocat – Advocate
– Human Rights Lawyer
and Consultant
– Transitional Justice Advocate
– Lecturer (University of
Lubumbashi:DRC)

Fax: + 1 501 638 4935
Tel:  + 243 817 613 662
Web
site: www.joseyav.com

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