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ABSTRACT
This article examines the extent to which peacekeeping operations in the Democratic Republic of the Congo (DRC), and specifically Operation Sukola II, effectively applied the UN human rights due diligence policy (HRDDP) in the period under review (2014–2021), based upon reports and interviews with individuals with knowledge of the peacekeeping operations. It analyses the complexity and challenges the peacekeepers and Congolese government confronted in the application of HRDDP in the DRC, noting the different challenges in applying this policy due to the highly volatile situations faced. The study argues that in applying the policy in situations such as the DRC, where the conflict is complex, the UN needs to be responsive to unexpected contingencies, with a high degree of flexibility and resilience. It recommends that the UN should review its HRDDP and update its procedures based on gained experience.
Acknowledgement
We wish to present our profound thanks to all responders who took time sharing their views and comments related to the subject matter during preparation of this article.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Notes
1 Christoph Vogel, ‘After UN-Kinshasa Fallout, Operations Against FDLR Begin in Eastern DRC’, African Arguments, 2 March 2015, https://africanarguments.org/2015/03/after-un-kinshasa-fallout-operations-against-fdlr-begin-in-eastern-drc-by-christoph-vogel/d; UNSC Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (10 March 2015), UN Doc. S/2015/172/, para 37.
2 Fjelde and Nilsson define a rebel group as a political group that uses armed conflict to oppose the established government for such reasons as to seek political change or to establish, maintain or gain independence Hanne Fjelde and Desirée Nilsson, ‘Rebels against Rebels,’ Journal of Conflict Resolution, Peace Science Society (International) 56, no. 4 (2012): 604–28, August.
3 Reliefweb, Sokola 2 to disarm the FDLR Rwandan, 29 January 2015, https://reliefweb.int/report/democratic-republic-congo/sokola2-disarm-fdlr-rwandan-rebels.
4 Vogel, ‘After UN-Kinshasa Fallout’.
5 Reliefweb, Sokola 2 to disarm the FDLR Rwandan.; UNSC Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (10 March 2015), UN Doc. S/2015/172, para 37.
6 Gisela Hirschmann, ‘Cooperating with Evil? Accountability in Peace Operations and the Evolution of the United Nations Human Rights Due Diligence Policy,’ Cooperation and Conflict 55, no. 1 (2020): 22–40. https://doi.org/10.1177/0010836719828406.
7 See for example Virginia Page Fortna, Does Peacekeeping Work? Shaping Belligerents' Choices after Civil War (Princeton University Press, 2008). Project MUSE muse.jhu.edu/book/61870. Indar Jit Rikhye, The Theory and Practice of Peacekeeping (London: C. Hurst & Co., 1984). John Hillen, ‘Peacekeeping at the Speed of Sound: The Relevancy of Airpower Doctrine in Operations Other Than War,’ Airpower Journal 12, no. 4 (Winter 1998): 8. Lise Morje Howard, UN Peacekeeping in Civil Wars (New York: Cambridge University Press, 2008).
8 Barbara F. Walter, Jack L. Snyder, and Jack Snyder, eds. Civil Wars, Insecurity, and Intervention; J. Michael Greig, and Paul F. Diehl, ‘The Peace-Keeping-Peacemaking Dilemma’; Michael J. Gilligan, and Ernest J. Sergenti, ‘Do UN Interventions Cause Peace? Using Matching to Improve Causal Inference,’ Quarterly Journal of Political Science 3, no. 2 (2008): 89–122. Retrieved on 20 February 2021 from http://wwwnyu.edu/classes/nbeck/q2/pkocausal_qjps.pdf
9 Miho Taka, ‘A Critical Analysis of Human Rights Due Diligence Processes in Mineral Supply Chains.’ 30 November 2014. Africa Portal.
10 Olivier De Schutter, et al., Human Rights Due Diligence: The Role of States (éditeur non identifié, 2012).
11 John Finnis, Natural Law and Natural Rights (Oxford University Press, 2011).
12 Finnis, Natural Law and Natural Rights.
13 Richard Tuck, Natural Rights Theories (Cambridge University Press, June 2012), https://doi.org/10.1017/CBO9781139163569.
14 Hirschmann, ‘Cooperating with Evil?’.
15 Kai Nielsen, ‘The Myth of Natural Law,’ In Law and Philosophy, ed. Sidney Hook (New York University Press,1964).
16 UN, Human Rights Duo Diligence Policy on United Nations Support to non-United Nation Security Forces. (2011). https://unsdg.un.org/sites/default/files/Inter-Agency-HRDDP-Guidance Note2015.pdf
17 Nielsen, ‘The Myth of Natural Law’.
18 Human Rights Watch, ‘You Will be Punished: Attacks on Civilians in Eastern Congo: 1-189. 13 December 2009. https://www.hrw.org/report/2009/12/13/you-will-be-punished/attacks-civilians-eastern-congo; Hirschmann, ‘Cooperating with evil?’; UN, Human Rights Duo Diligence Policy on United Nations Support to non-United Nation Security Forces. (2011). Retrieved from https://unsdg.un.org/sites/default/files/Inter-Agency-HRDDP-Guidance Note2015.pdf.
19 Human Rights Watch. ‘You Will be Punished.’
20 Human Rights Watch, ‘You Will be Punished’.
21 Helmut Philipp Aust, ‘The UN Human Rights Due Diligence Policy: An Effective Mechanism against Complicity of Peacekeeping Forces?’ Journal of Conflict & Security Law 20, no. 1 (2015): 61–73. https://www.jstor.org/stable/2629815.
22 UNSC Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (10 March 2015), UN Doc. S/2015/172, para 37.
23 UN, Security Council Sanctions Committee Concerning Democratic Republic of Congo Discusses Group of Experts’ Final Report with Regional, Other Member States, SC/14962, 7 July 2022, https://press.un.org/en/2022/sc14962.doc.htm. UNSC Report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (10 March 2015), UN Doc. S/2015/172, para 37.
24 United States Department of State, U.S. Department of State Country Report on Human Rights Practices 2006 – Congo, Democratic Republic of the, 8 March 2006, available at: https://2009-2017.state.gov/j/drl/rls/hrrpt/2006/78728. (Accessed 12 February 2023)
25 The notable ones were on 22nd January 2006, in Kagaba Ituri District, where FARDC members of the Fourth and Sixth Brigades killed seven men, four women and two children who were attending Sunday mass and that of 26th June, 2006 when a FARDC commander in Kongolo, Tanganyika District, killed a civilian who refused to pay him money he demanded for buying a motorbike. United Nations Security Council (UNSC).2009. Letter dated 23 November 2009 from the Chairman of the Security Council Committee established pursuant to resolution 1533 (2004) concerning the Democratic Republic of the Congo addressed to the President of the Security Council. S /2009/603.23 November 2009
26 United States Department of State, U.S. Department of State Country Report on Human Rights Practices 2006 – Congo, Democratic Republic of the, 8 March 2006, available at: https://2009-2017.state.gov/j/drl/rls/hrrpt/2006/78728. (Accessed 12 February 2023).
27 United States Department of State, Country Report on Human Rights Practices 2006.
28 UNSC, 2009 Final Report of the Group of Experts on the Democratic Republic of the Congo, S /2014/42, United Nations, 23 November 2009.Available from https://reliefweb.int/report/democratic-republic-congo/final-report-group-experts-democratic-republic-congo-s2019469.
29 Interview, Colonel who worked with MONUC during Operation KIMIYA II, Goma, 23 January 2021.
30 Human Rights Watch. Justice on Trial Lessons from the Minova Rape Case in the Democratic Republic of Congo. https://www.hrw.org/report/2015/10/01/justice-trial/lessons-minova-rape-case-democratic-republic-congo. May 2015.
31 Dranginis Holly and Mueller Timo, ‘Congo-Kinshasa: Minova's Rape Acquittals Reveal Lessons for Congo. All Africa.’ https://allafrica.com/stories/201405201667.html.20 May 2014.
32 Human Rights Watch. Justice on Trial Lessons from the Minova Rape Case in the Democratic Republic of Congo. https://www.hrw.org/report/2015/10/01/justice-trial/lessons-minova-rape-case-democratic-republic-congo. May 2015.
33 Human Rights Watch, Justice on Trial Lessons from the Minova Rape Case.
34 Solomon, Hussein, and Gerrie Swart. ‘Conflict in the DRC: A critical Assessment of the Lusaka Ceasefire Agreement, SAIIA 2004.
35 Solomon and Gerrier, ‘Conflict in the DRC’.
36 Maria Eriksson Baaz, and Judith Verweijen, ‘The Volatility of a Half-Cooked Bouillabaisse: Rebel–Military Integration and Conflict Dynamics in the Eastern DRC,’ African Affairs 112, no. 449 (October 2013): 563–82. https://doi.org/10.1093/afraf/adt044.
37 Interview, MONUSCO Staff, Beni, 12 February 2021.
38 Hirschmann, ‘Cooperating with Evil?’.
39 UN, Human Rights Duo Diligence Policy on United Nations Support to non-United Nation Security Forces. (2011). Retrieved from https://unsdg.un.org/sites/default/files/Inter-Agency-HRDDP-Guidance Note2015.pdf.
40 Aust, ‘The UN Human Rights Due Diligence Policy’.
41 Benedict Kingsbury, and Lorenzo Casini, ‘Global Administrative Law Dimensions of International Organizations Law,’ International Organizations Law Review 6, no. 2 (2009): 319–58. doi: https://doi.org/10.1163/157237409X12670188734311.
42 UN, Human Rights Duo Diligence Policy on United Nations Support to non-United Nation Security Forces. (2011). Retrieved from https://unsdg.un.org/sites/default/files/Inter-Agency-HRDDP-Guidance Note2015.pdf.
43 Hirschmann, ‘Cooperating with Evil?’.
44 Interview with MONUSCO Staff working in DDR section, Beni, 12 February 2021.
45 UN Mission in Democratic Republic of Congo (MONUC), Consolidated Investigation Report of the United Nations Joint Human Rights Office (UNJHRO) Following Widespread Looting and Grave Violations of Human Rights by the Congolese National Armed Forces in Goma and Kanyabayonga in October and November 2008, 7 September 2009, available at: https://www.refworld.org/docid/4ab38e220.html [accessed 2 February 2024],; Amnesty International, 2007 and Human Rights Watch World Report, 2013.
46 UN Security Council, Security Council resolution 1906 (2009) [on extension of the deployment of the UN Organisation Mission in the Democratic Republic of the Congo (MONUC)], 23 December 2009, S/RES/1906 (2009), available at: https://www.refworld.org/docid/4b66c06c0.html [accessed February 2, 2024].
47 UN Secretary-General (UNSG), UN Human Rights Due Diligence Policy on Support for Non-United Nations Security Forces ("HRDDP"), 5 March 2013, A/67/775-S/2013/110, available at: https://www.refworld.org/docid/537dd44a4.html [accessed 2 February 2024]; Aust, ‘The UN Human Rights Due Diligence Policy’https://www.jstor.org/stable/26298152.
48 Kenny Katombe, ‘Defeated M23 ends revolt in Congo, raising peace hopes’, Reuters 5 November 2013, https://www.reuters.com/article/idUSBRE9A30PE/.
49 Rebecka Feeley, and Colin Thomas-Jensen, Past Dueitalic: Remove the FDLR from Eastern Congo, Sstrategy Paper. Washington DC: Enough Project, June 2008.
50 Feeley and Thomas-Jensen, Past Due.
51 Christoph Vogel, ‘After UN-Kinshasa Fallout, Operations Against FDLR Begin in Eastern DRC,’ African Arguments, 2 March 2015, https://africanarguments.org/2015/03/after-un-kinshasa-fallout-operations-against-fdlr-begin-in-eastern-drc-by-christoph-vogel/d
52 Christoph Vogel, ‘Why was the UN sidelined in ‘joint’ DRC operation against rebels?’ IRIN news, 15 March 2015. https://reliefweb.int/report/democratic-republic-congo/why-was-un-sidelined-joint-drc-operation-against-rebels.
53 Interview with MONUSCO staff who worked in Mission support, Goma, 23 January 2021.
54 MONUSCO, MONUSCO is not taking part in Operation Sukola II. (2015). Retrieved on 16 August 2021 from https://twitter.com/monusco/status/570906488744648705?lang=en
55 Christoph Vogel, ‘Why was the UN sidelined in ‘joint’ DRC operation against rebels?’ IRIN news, 15 March 2015. https://reliefweb.int/report/democratic-republic-congo/why-was-un-sidelined-joint-drc-operation-against-rebels.
56 On this date, Brigadier General Bruno Mandevu was deployed to be in charge of the operation. On the same date, Brigadier General Fall Sikabwe took command of the 34th Military Region, which included areas where FDLR is active. See Christoph Vogel, ‘Why was the UN sidelined in ‘joint’ DRC operation against rebels?’ IRIN news, 15 March 2015. https://reliefweb.int/report/democratic-republic-congo/why-was-un-sidelined-joint-drc-operation-against-rebels.
57 Reuters, UN to Congo: Remove generals accused of abuses or lose support. (2015). Retrieved on 22 December 2020 from: www.reuters.com/article/us-congodemocratic-un/u-n-to- congo-remove-generals-accused-of-abuses-or-lose-support idUSKBN0L823120150204.
58 Christoph Vogel, ‘Why was the UN sidelined in ‘joint’ DRC operation against rebels?’ IRIN news https://reliefweb.int/report/democratic-republic-congo/why-was-un-sidelined-joint-drc-operation-against-rebels, 26/2/2015, Goma.
59 MONUSCO, MONUSCO is not taking part in Operation Sukola II. Retrieved on 16 August 2021 from https://twitter.com/monusco/status/570906488744648705?lang=en
60 Christoph Vogel, ‘After UN-Kinshasa Fallout, Operations Against FDLR Begin in Eastern DRC,’ African Arguments, 2 March 2015, https://africanarguments.org/2015/03/after-un-kinshasa-fallout-operations-against-fdlr-begin-in-eastern-drc-by-christoph-vogel/d
61 Interview with a Colonel working with FARDC, Beni, 13 February 2021.
62 The Economist, Congolese army announces military operations against FDLR.
63 UNSC, 2009 Final Report of the Group of Experts on the Democratic Republic of the Congo, S /2014/42, United Nations, 23 November 2009. https://reliefweb.int/report/democratic-republic-congo/final-report-group-experts-democratic-republic-congo-s2019469
64 For example, on 13th December 2008, about 14 000 rounds of 7.62×39 millimetres (mm) were attempted to be diverted to FDLR. See UNSC, 2009 Final Report of the Group of Experts on the DRC.
65 Christoph Vogel, ‘Why was the UN Sidelined in ‘joint’ DRC operation Against Rebels?’ IRIN News, 15 March 2015. https://reliefweb.int/report/democratic-republic-congo/why-was-un-sidelined-joint-drc-operation-against-rebels.
66 Interview with MONUSCO staff who worked with DDR, Goma, 12 February 2021.
67 Hirschmann, ‘Cooperating with evil? and the Centre of Civilians in Conflict,’ 22–40.
68 United Nations Security Council (UNSC) Report, Monthly Forecast July 2015.
69 The Protection of Civilians in UN Peacekeeping Ref. 2019.17.
70 Trevor Findlay, The use of force in UN peace operations. SIPRI, 2002.
71 UN, Universal declaration of human rights. United Nations,1948.
72 Interview with Local government worker in Goma, Goma, 12 January 2021.
73 Interview with Local government worker in Goma.
74 Finnis, Natural Law and Natural Rights; Tuck, Natural Rights Theories.
75 Christoph Vogel, ‘After UN-Kinshasa Fallout, Operations Against FDLR Begin in Eastern DRC,’ African Arguments (2015).
76 Nichols Michelle, ‘Congo Fails to Meet UN Deadline to Remove Generals Linked To Abuses,’ 2015. https://www.reuters.com/article/ozatp-us-congodemocratic-un-idAFKBN0LI07A20150214
77 UN, Security Council Sanctions Committee Concerning Democratic Republic of Congo Discusses Group of Experts’ Final Report with Regional, Other Member States, SC/14962, 7 July 2022, https://press.un.org/en/2022/sc14962.doc.htm.
78 Interview with a member of human right society in Goma, Goma, 12 January 2021.
79 Michael J. Glennon, ‘The Constitution and Chapter VII of the United Nations Charter,’ American Journal of International Law 85, no. 1 (1991): 74–88.
80 Interview with academician in Goma, Goma, 12 January 2021.
81 Interview with academician in Goma, Goma, 12 January 2021.
82 Geneva Conventions, States must prosecute persons accused of grave crimes before their own national courts or extradite them for trial elsewhere.
83 UN, Universal declaration of human rights (Vol. 3381). Department of State, United States of America, (1949).
84 UN Secretary-General (UNSG), UN Human Rights Due Diligence Policy on Support for Non-United Nations Security Forces ("HRDDP"), 5 March 2013, A/67/775-S/2013/110: https://www.refworld.org/docid/537dd44a4.html [accessed 2 February 2024]. Para.1.
85 Interview with a Colonel who worked with FIB, Beni 22 February 2021.
86 Interview with FARDC Major, Beni 21 February 2021.
87 Reliefweb, Sokola II to Disarm the FDLR Rwandan, 3 February 2015.
88 Defined as: a systematic and proven process by which potential adversaries can be denied information about capabilities including intentions to identify, control, and protect unclassified evidence of planning as well as execution of sensitive activities.OPSEC, Glossary Terms, Operation security. (2016). Retrieved on 22 December 2020 from:https://csrc.nist.gov/glossary/term/operations_security on 20 December 2020.
89 Interview with FARDC Colonel, Beni, 22 February 2021.
90 Interview with FARDC Colonel, Beni, 22 February 2021
91 Interview with Goma resident, Goma, 13 January 2021.
92 Human Rights Watch, DR Congo: War crimes in Bukavu, https://www.hrw.org/news/2004/06/11/dr-congo-war-crimes-bukavu, 12 June 2004.
93 Interview with FIB Major, Beni, 21 February 2021.
94 Christian Patz, ‘Carlos Alberto dos Santos Cruz, William R. Phillips, Salvator Cusimano: Improving Security of United Nations Peacekeepers. Unabhängiger Bericht im Auftrag des VN-Generalsekretärs, New York, NY, Dezember 2017.’ SIRIUS – Zeitschrift für Strategische Analysen 2, no. 2 (2018): 203–5. https://doi.org/10.1515/sirius-2018-2021
95 Interview with MONUSCO Staff, Goma, 13 January 2021.
96 Aljazeera, Protests Spreading East DRC as Fury Against UN Peacekeepers Rises. Aljazeera, 27 November 2019, https://www.aljazeera.com/news/2019/11/27/protests-spread-in-east-drc-as-fury-against-un-peacekeepers-rises.
97 Interview with a Beni resident, Beni, 20 February 2021.
98 Interview with FARDC Lieutenant Colonel, Beni, 21 February 2021.
99 Interview with MONUSCO Staff, Goma, 11 January 2021.
Additional information
Notes on contributors
Mbaraka Naziad Mkeremy
Mbaraka Naziad Mkeremy is a PhD holder of International Relations from the Open University of Tanzania. He has worked successfully in different capacities in the United Nations Interim Force in Lebanon (UNIFIL), in the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), in the African Union-United Nations Hybrid Operation in Darfur (UNAMID) and the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic MINUSCA. He is interested in international interventions on global conflicts.
Jacob Lisakafu
Jacob Lisakafu is a senior lecturer in Politics and International Relations at the Department of Political Science and Public Administration, History and Philosophy, Open University of Tanzania. His research interest revolves around the current dynamics of International Relations and mechanisms of ensuring global security. He mainly focuses on the new African Peace and Security Architecture, International Organizations, Post-conflicts reconstructions, and Security Regionalisms, particularly in Sub-Saharan Africa.