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URBAN DISPLACEMENT 1 Issue 36 November 2010

Democratic of Congo Past. Present. Future?

Plus articles on: Sudan’s referendum, return for women in Liberia, the Convention, information and rumour … and more

FOR FREE DISTRIBUTION ONLY From the editors he Democratic Republic of Congo is unfortunately We continue to try to make FMR more accessible Tsynonymous with its dreadful past and its terrible to those with visual disabilities. The whole issue is present, despite its beauty, complex history and unachieved available online as a PDF, and all articles in this issue potential. Locked not only into its own internal troubles are available in HTML format that is appropriate for but also into those of the region, it has screen-readers and as audio files. Our website also provided more than enough material on forced migration, offers links to software downloads to aid accessibility. violence and political quagmires to fill this issue of FMR. FMR36 is being distributed together with a special As Bernard Mumpasi Lututala’s article reminds us, FMR supplement on HIV/AIDS, security and displacement did not begin in the early 1990s, yet conflict. See http://www.fmreview.org/AIDS/ there has been since then a continuous series of events triggering displacement, suffering and all manner of All issues of FMR are freely available, and searchable, breaches of people’s rights and security. Unconscionable online at http://www.fmreview.org.mags1.htm. We numbers of people have died or been killed. encourage you to post online or reproduce FMR articles but please acknowledge the source (with a link The historical and immediate causes of displacement to our website) – and, preferably, let us know. And if are covered here. Also discussed – perhaps more your organisation has an online library of resources importantly – are the ways in which displaced people or listings of thematic links, we would be grateful experience those causes and their effects: the loss of if you would add links to back issues of FMR. livelihood and community, of stability and security. The possibilities for return, also covered here, are heavily Forthcoming issues of FMR constrained by the immediate forces that caused the ■■FMR 37 will include a feature theme on Non- displacements, as well as by longer-term and more deep- state armed groups, due out in March 2011 rooted political and historical factors. The widespread (http://www.fmreview.org/non-state/). and brutal sexual violence found amidst the general ■■FMR 38 will include a feature theme on Technology violence in DRC is particularly shocking, eliciting and communications. See the call for articles outrage as well as attempts to find ways to curb it and to at http://www.fmreview.org/technology/ protect girls and women, and boys and men, from it. Details of forthcoming issues can always be found While the articles contained in this issue of FMR make at http://www.fmreview.org/forthcoming.htm grim reading, they also offer glimmers of hope for better outcomes, at least potentially, alongside analysis of Finally, we would like to welcome Kelly Pitt to the how and why these things have been happening. There FMR team as Promotion and Funding Assistant. are political and humanitarian agreements; there are She replaces Heidi El-Megrisi who has moved on laws and the beginnings of systems to uphold them; to another post in the Studies Centre. We there are people determined to work their way out would like to thank Heidi for all her work for FMR. of their seemingly intractable situation. Potentially it can get better in DRC, and we hope that this issue of With our best wishes FMR will make a contribution to stimulating analysis and building awareness to support that process. Marion Couldrey & Maurice Herson Editors, Forced Migration Review This issue is online at http://www.fmreview.org/DRCongo/ and will be available in English, French, Spanish and Arabic.

We would like to thank those agencies who have generously provided funding for this particular issue: Concern Worldwide, Foreign Affairs and International Trade Canada (DFAIT), Internal Displacement Monitoring Centre (IDMC/NRC), International Alert, the Open Society Initiative for Southern (DRC office), International and UNHCR’s Regional Bureau for Africa. We would also like to thank all our regular donors for their continued, valuable support. All donors are listed on p67.

Mugunga IDP camp outside , DRC Norwegian Refugee Council/Truls Brekke Reproductive Health Access, Information and Services in Emergencies www.fmreview.org/DRCongo/ FMR 36: In this issue...

2 From the editors 37 Challenges of protection Emma Fanning Forced Migration Review Democratic Republic of Congo 39 Innovation in cash-voucher programming (FMR) provides a forum for the Kokoévi Sossouvi regular exchange of practical 4 A scandal that needs to end 40 Fuelwood: getting it right experience, information and John Holmes Cooking fuel, fuelling a crisis ideas between researchers, 6 The dynamics of instability in eastern DRC Jean Claude Mizaba Bampa refugees and internally Pierre Jacquemot SAFE workshops in DRC displaced people, and those who 8 The role of governance and research Josué Sefu Aruna work with them. It is published Bernard Mumpasi Lututala 42 ICRC: careful analysis is the key in English, Arabic, Spanish and Veronika Talviste French by the Refugee Studies 10 Displacement trends in DRC Greta Zeender and Jacob Rothing 43 Child disability, the forgotten crisis Centre of the Oxford Department of International Development, 13 Beyond the silence: sexual violence in eastern DRC 44 Outside camp settings University of Oxford. Jessica Keralis Alena Koscalova, Elena Lucchi and Sabine 14 Protection from sexual violence in DRC Kampmüller Staff Sarah Mosely, Talita Cetinoglu and Marit Glad 45 Displacement and discrimination – Marion Couldrey & 16 Preventing sexual violence the Bambuti Pygmies Maurice Herson (Editors) Melanie Teff and Camilla Campisi Kelly Pitt (Funding & 46 Training trainers in reproductive health Promotion Assistant) 18 Land and property disputes impeding return Boubacar Toure, Hélène Harroff-Tavel, Sara Casey Sharon Ellis (Assistant) and reintegration and Tegan Culler Oumar Sylla 48 Refugee return and root causes of conflict Forced Migration Review 20 Land, IDPs and mediation Maria Lange Refugee Studies Centre Baptiste Raymond Oxford Department of 50 Return in the political context of North 21 Not going home: displaced youth after war Fergus Thomas International Development, Timothy Raeymaekers University of Oxford, 51 Of tripartites, peace and returns 23 Evictions from DRC’s protected areas 3 Mansfield Road, Steve Hege Kai Schmidt-Soltau Oxford OX1 3TB, UK 54 Foundations for repatriation and peace in DRC 24 Press-ganged children Vanessa Noël Brown Email: [email protected] Axel Poullard Skype: fmreview 25 At lunchtime we heard gunshots General articles Tel: +44 (0)1865 281700 Fax: +44 (0)1865 281730 26 Too big to fail 56 What hope for IDPs in a new Sudan? Ross Mountain Taghrid Hashim Ahmed http://www.fmreview.org 27 DRC: a donor perspective 57 Rumour versus information Seb Fouquet Adam Saltsman 29 Planning for the future of 59 The displaced also protest Disclaimer François Tuyihimbaze Rucogoza Freddy A Guerrero and Estefanía Vanegas Opinions in FMR do not 30 Lives at risk 60 Safe and suitable return for women fleeing conflict in Liberia necessarily reflect the 32 Civil society and the displaced persons views of the Editors, the of Victoria Ijeoma Nwogu Refugee Studies Centre or Pierre Sossou, Boanerges M’Paty 62 The Kampala Convention and protection from the University of Oxford. and Fulgence Buzika arbitrary displacement Maria Stavropoulou Copyright 33 Congolese women activists in DRC and Any FMR print or online material Marie Godin and Mado Chideka 64 The pervertibility of refugee status Ana Paula Penchaszadeh may be freely reproduced, 35 Civil society and peace processes in Kivu provided that acknowledgement Arnila Santoso 65 The road from Lucia Cipullo and Jeff Crisp is given to ‘Forced Migration 36 The Data Centre for IDPs in North Kivu Review www.fmreview.org’. Laura Jacqueline Church 68 Endnote ISSN 1460-9819 Designed by Art24 www.art-24.co.uk Invitation to write for FMR long academic articles in costly aspect of contemporary forced Printed by You don’t need to be an academic journals. FMR aims to migration. Each issue of FMR Newman Thomson Ltd experienced writer to write for FMR. bridge the gap between research has a theme but a proportion of www.newmanthomson.com Email us with your suggestions, and practice so that practice- each issue is set aside for any draft articles or internal reports oriented research gets out to other subject relating to refugees/ – and we will work with you to policymakers and the field, and IDPs or stateless people. shape your article for publication. field experience, lessons learned Material may be submitted in and examples of good practice are Too often experience gained in English, Spanish, Arabic or French. shared as widely as possible. But the field is confined to an internal For more details, please see we need you to help us do that. report, circulated within one office http://www.fmreview.org/ or organisation only; and too often We encourage readers to send writing.htm or email us research is disseminated only via us written contributions on any at [email protected] 4 DEMOCRATIC REPUBLIC OF CONGO FMR 36

CENTRAL AFRICAN REPUBLIC Bangassou SUDAN Uban gi Zongo DEMOCRATICYaoundé Bondo Faradje U REPUBLIC OF THE Libenge Businga ele Kib Aketi Buta Watsa ali CONGO gala Gulu on Bumba PROVINCE Mungbere Impfondo Imese M Ituri National capital o ORIENTALE ng Lake i o pori ruwimi Lake District capital Ouesso u C Lo Basoko A Albert g Kyoga n Bafwasende City, town a nga Basankusu Banalia b lo u Lu

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Map No. 4007 Rev. 8 UNITED NATIONS Department of Operations January 2004 Cartographic Section A scandal that needs to end John Holmes

While the crisis in the has been a focus of action and armed confrontations between the advocacy by the international community for decades, further national army and different armed opposition groups in the context conflicts characterised by massive internal and cross- of the -led ‘Amani displacements have been proliferating in all four corners of the Leo’ military offensive against the Democratic Republic of Congo (DRC). FDLR and other Congolese armed groups. A recent worrying trend As of 31 July 2010, an estimated République Démocratique du Congo, has been the impact of the extension 1.9 million people were internally FARDC) and various armed rebel of the government offensive to new displaced in North and , groups, particularly the Rwandan armed groups, such as the FARDC Orientale, Katanga and Equateur former génocidaires,1 the Forces ‘Rwenzori’ offensive against the ADF/ provinces of DRC. And it should Démocratiques pour la Libération du Nalu rebel group at the end of July not be forgotten that IDPs represent Rwanda (FDLR). Over the course of 2010 in . This resulted just a fraction of the people in need 2009, the situation initially improved in the displacement of 90,000 people. in DRC. The situation of returnees, in North Kivu, following the peace host families and large numbers and integration agreement signed in In South Kivu, the situation of populations in non-conflict March between the government and worsened during 2009 and 2010 affected areas is often dire. Congolese armed groups, including as the province became the main the former opposition group Congrès arena for military operations The Kivus National pour la Défense du Peuple against the FDLR – especially in In the North and South Kivu (CNDP). This led to the return of the Kalehe, Shabunda and Uvira provinces people are still routinely over half a million former IDPs territories – raising the total of IDPs caught in the frontlines of armed during 2009. However, the total in the province to 626,000. Whatever confrontations between the number of IDPs in North Kivu still their military justifications or Congolese army (Forces Armées de la stands at 875,000 due to frequent successes, these operations continue DEMOCRATIC REPUBLIC OF CONGO 5 FMR 36

to inflict a heavy toll on civilians and cause new displacements, while the armed groups targeted by the military operations have in no sense gone away.

In addition, all armed groups,

including the FARDC, are responsible Mugunga for widespread human rights IDP camp abuses against civilians. Villages outside are routinely looted and burned, Goma, DRC with entire communities uprooted repeatedly. This not only results in massive humanitarian needs but it also blocks and hinders the recovery and development prospects of large areas. Earlier this year, when I visited Mwenga territory in South Kivu, it Brekke Council/Truls Norwegian Refugee was clear that people were still afraid to resume their normal activities province. Humanitarian access assistance for the re-establishment of because of continuing strong FDLR remains very challenging in the livelihoods but further reconciliation and other militia presence in the whole province, due to insecurity, the and mediation efforts to address vicinity. Local representatives of the remoteness of many areas and very deep-rooted animosities between humanitarian community reported high transport costs. There are still different ethnic communities on then that the military operations groups of IDPs, for example in Bas- the ground, not least to avoid were also pushing IDPs towards Uélé district, to whom it has not yet future political manipulation that even more remote and inaccessible been possible to deliver assistance. could destabilise the region. areas, posing a further challenge for humanitarian operations. In this respect, the augmented These examples bring out the sad presence and role of the UN reality that significant displacements Sexual violence remains amongst the peacekeeping mission in DRC will persist as long as armed worst abuses. Cases are registered on (MONUSCO) in groups continue to prey on the a daily basis in DRC. Most recently remain crucial in deterring LRA population, human rights violations and horrifically, a group of alleged attacks, in facilitating humanitarian are perpetrated with impunity FDLR and Mayi Mayi rebels attacked access, and in providing essential and the Congolese government and took control of villages around logistical support for humanitarian does not succeed in establishing the town of in North Kivu, operations. The suffering and trauma its presence and providing basic looting the area and raping hundreds of the civilian population from LRA security and social services to of women within four days. The UN terror remain deeply disturbing. its population. For the UN, the Population Fund (UNFPA) estimates All concerned UN missions in DRC, gravity of the problems and the that in the two Kivu provinces alone (CAR) and complexity of the tasks require not over 8,000 rapes occurred during Sudan, the in the region only determined action but also 2009, averaging around 160 rapes per and UN Member States more widely improved coordination between week. Most of these are committed must shoulder the responsibility for humanitarian, peacebuilding and by armed men, including members promoting new, decisive measures development actors to develop a of the national army. These abhorrent to end the LRA’s reign of terror. comprehensive vision that is shared crimes are unacceptable, as is the by and jointly implemented with virtual impunity for the perpetrators Another recent crisis erupted in Congolese authorities at all levels. which accompanies them. DRC’s north-western Equateur Those IDPs whom I have visited in province in October 2009, when DRC, many having been repeatedly Other provinces intense inter-communal violence displaced over many years, were in In Orientale province in the north- gradually turned into a widespread as bad a condition, with virtually east of DRC, the Lord’s Resistance . At the peak of the crisis nothing to their names, as any Army (LRA), the brutal armed in late 2009, approximately 200,000 people I have seen anywhere. This is group originally from Uganda, is people were displaced as IDPs in indeed a scandal that needs to end. still terrorising the local population, Equateur province or as refugees in causing widespread displacement the Republic of Congo and in CAR. John Holmes ([email protected]) in that region. Since the LRA began With the gradual stabilisation of was the UN Under-Secretary-General for their attacks in December 2007, the security situation, an estimated Humanitarian Affairs and Emergency 1,893 civilians have been killed, 25,000 IDPs out of an initial caseload Relief Coordinator and is now and over 1,600 adults as well as of 48,000 have already returned to Director of the Ditchley Foundation 854 children have been abducted. their villages of origin. But most of (http://www.ditchley.co.uk). Currently, more than 390,000 people the refugees have not yet returned. 1. Those implicated in the mass killings of the 1994 are internally displaced in the Haut- Durable return of these populations and Bas-Uélé districts of Orientale will not only require recovery 6 DEMOCRATIC REPUBLIC OF CONGO FMR 36 The dynamics of instability in eastern DRC Pierre Jacquemot

The conflict in eastern Congo has been the most deadly one since papain. The militias and armies the second World War, and its social consequences have been were keen to exercise their power over the main mining sites, from disastrous. Solutions to the conflict – which has its roots in politics, which they drew and continue to in demographics and in economics – must look to the long term. draw significant sums of money.

The first significant displacements of disrupted the complex and already Criminal economy the rwandophone1 population began fragile demographic balance. Among The system which was established back in 1937 when DRC (then called the refugees were members of was a criminal one, privatised, ) encouraged immigration of the militia (a militarised and highly profitable – ‘non-native’ Banyarwanda (people paramilitary organisation), the and its unique feature is its violence. from Rwanda) to provide labour group which formed the spearhead Each FARDC, FDLR or Mayi Mayi on its large colonial plantations of the genocide, and soldiers of the militia warlord controls his territory, Forces armées his mine and his marketing territory; rwandaises if one impinges on the playing field (Armed Forces of another, it leads to clan warfare. of Rwanda, Those who control the mine and FAR). Hatred the marketing territory make every between Hutu effort to retain their position; those and living who seek to seize it use military force in Congolese to achieve their ends. The absence territory reached of public order, accompanied by a new peak. a culture of impunity inherited from the last years of the Mobutu Pressure on regime, has enabled this economy to land in Kivu flourish – an economy which feeds also increased on predation and which will, in the with a number long term, self-destruct as a result of of disastrous the overexploitation of the land, the consequences. minerals beneath it and its people. Competition for access to As ever, arms are in high demand. land and the The profits from mineral exploitation essentials for life and trafficking have enabled armed Christian Als www.christianals.com Christian Als www.christianals.com such as water groups to obtain heavy weaponry, Two boys on watch for rebels at the Mugunga north of Goma and firewood cannons, long-range mortars, AK-47s, triggered ammunition, radio equipment and conflict between uniforms from overseas. Despite the alongside existing communities groups forced to live together. These embargo on the supply of arms, the identified as ‘native’. By 1960 there conflicts were poorly arbitrated by enormous market in light weapons were some 200,000 rwandaphones traditional elders, who themselves has never faltered. At the end of 2009, living in DRC. More Rwandan Tutsi were weakened by upheaval and there were some 40,000 Kalashnikovs and Burundian Hutu emigrated displacement, and who retained only in North Kivu alone. to the Kivus following their a vestige of their previous powers. countries’ independence in 1962; There remains one last ingredient more fled Burundi following the From the end of the 1990s, another to exacerbate the conflict: malicious genocide against them instituted ingredient was added to make the rumour, spread by word of mouth, by the Bujumbura Tutsi regime whole region a potential powder keg: anonymous tracts, posters, radio in 1972 and later again to flee the discovery of much sought-after messages, text messages. It relies on civil war. In DRC they found a minerals, used in the electronics credulity and awakens accumulated land much like their own, with industry, as well as a range of other grievances, which further aggravate green mountains, healthy air and valuable natural resources. These inter-communal hatred and feed familiar agricultural practices. include and cassiterite (a tin the desire for revenge. Conspiracy oxide mineral) in North Kivu, and theories abound. In Kivu and Ituri, The flight of hundreds of thousands from Ituri and South Kivu, the rumour mill ceaselessly circulates of Hutu refugees to Zaire after the in addition to tropical woods, the idea that the ‘Rwandans’ Rwandan genocide in 1994 totally charcoal, meat, tea, quinine and monopolise the land and the mines, DEMOCRATIC REPUBLIC OF CONGO 7 FMR 36

dispossessing the traditional chiefs, Everywhere you look, agriculture The preferred method for settling continuing to speak . has lost its workers to the mines. conflicts, quashing insurrections We hear of the sale of the ‘national and re-establishing peace in DRC birthright’ (Kivu) by the élites and This erosion of the resource base has always been the integration military who seek enrichment of many households is worsened of rebel groups into the army. The by making secret pacts with the by military pillaging, massacres of result is that the Congolese army is enemy. These accusations of betrayal animals, and theft of harvests and now a melting pot which includes deepen the gulf between ‘native’ livestock. The traditional forms 56 rebel groups, successively and ‘non-native’. Rural radio plays of social and economic solidarity ‘integrated’ since the . The new a very effective role in neutralising are now being replaced by the ‘integrated soldiers’ join disparate or propagating rumours; and individual fight to survive. elements from groups of fighters mobile phones now enable faster, integrated previously. The year 2009 wider relaying of hate messages. Protection: the highest priority saw the ‘accelerated integration’ Successive peace accords (Kisangani, of almost 20,000 additional rebels Disastrous social consequences , Goma) and UN resolutions, into the national armed forces. In The most obvious consequence of this specifically those of December 2009 truth, this does not create the best climate of conflict is the insecurity in (resolution 1906) and June 2010 conditions for building a national Kivu. In October 2010, there were still (resolution 1925), seek to provide army – and can, to the contrary, have 1.5 million displaced persons, and improved security and humanitarian a destructive effect on the army. new groups of people were fleeing assistance, in particular: Elements of the CNDP, the former their homes following a number Tutsi rebel group, and other former of attacks, accompanied by rape, ■■significant reduction in cases rebels were integrated hastily in especially in . The of abuse and violence 2009, with no verification of the human development indicators are origin of the conscripts. The CNDP, extreme in Kivu. Poverty rates (84.7% ■■reduction in the numbers which was well organised, was in South Kivu and 73% in North of displaced persons able to profit from its integration Kivu) are higher than the national into the national army to create a average (71.3%). School attendance ■■increase in access to humanitarian parallel command structure and rates are very low in primary schools aid and human rights services pursue its former objectives from (about 53%), and maternal and for vulnerable populations within the army, specifically to infant mortality rates are high. Very track down the Hutu rebels of the few households are connected to ■■reinforcement of targetted FDLR and take control of mining drinking water supplies and even protection, especially for women, sites. The rot had truly set in. fewer to electricity. Health services children, refugees and IDPs are inadequate, with one doctor per The resolution of conflict in eastern 27,700 inhabitants in South Kivu, one ■■ensuring that displaced persons are Congo will take time. After so many per 24,000 inhabitants in North Kivu. able to return to their original areas years of conflict and insecurity, the deaths of so many and the Certain phenomena have profound ■■reducing impunity and destruction of so much land, it is consequences. There has been a bringing to justice those hard to change entrenched attitudes significant exodus towards the responsible for violence and of defiance and reprisal. However, mining sites, causing a probably human rights violations. it is not beyond hope that one day irreversible uprooting of young in the future a federal structure people. There is a similar exodus After protection of populations, the will be able to initiate cooperation to join a rebel group or militia. second priority – essential for the based on the concerted rehabilitation The Mayi Mayi groups, which establishment of lasting peace – is of the country, primarily for the are omnipresent in the Kivu area, the cessation of hostilities through benefit of local communities. It present a different community from the disarmament, demobilisation, is also not beyond hope that the the traditional social structure – repatriation, reintegration and resources diverted by the fraudulent with closely structured internal reinstallation (DD3R) of armed economy, especially those from the organisation and egalitarian groups. In December 2003 the mining sector and biodiversity, will relationships. They offer an escape government launched a national be channelled towards productive from the land and a new and more programme to substantially reduce jobs. The only impossibility is a acceptable form of organisation than the availability of illegal weapons belief in simple and rapid post- that of the village. The young recruits and to rehabilitate demobilised conflict solutions; the time-scale for leave their homeland for the long fighters through community reconstruction will run into decades. term and thus leave, often forever, work, integration into the regular the authority of their ancestors. army or repatriation to Rwanda. Pierre Jacquemot (Pierre.JACQUEMOT@ Parents lose their influence over their This has been a partial success at diplomatie.gouv.fr) is French children who are more and more least numerically. 21,500 fighters Ambassador to the Democratic attracted by urban cultures than and their dependants returned to by traditional values. Elsewhere in Rwanda between 2003 and 2009. (http://tinyurl.com/France-govt-DRC). Africa, the process has developed At the start of 2010, there were 1. People speaking Kinyarwanda, the national language over the long term but in eastern only 3,000 fighters from armed of Rwanda. Congo it has been rapid and violent. groups awaiting rehabilitation. 8 DEMOCRATIC REPUBLIC OF CONGO FMR 36 The role of governance and research Bernard Mumpasi Lututala

Forced migration is not new to DRC but its extent and its Démocratique du Congo (FARDC), consequences are still shocking. Good governance and research were and are incapable of protecting the people against ‘aggressors’. must play a stronger role if life is to improve for the citizens of DRC. Instead, they themselves at times Forced migration is one of the Mulele rebellion in Kwilu in 1964, persecute the very people they are phenomena which have made the the Lumumbist rebellion in the east supposed to be protecting. So, the Democratic Republic of Congo of the country, the two Shaba wars civilian populations flee to save (DRC) famous for all the wrong (1977 and 1978), the First Congo themselves from killing, sexual reasons. This is because of the sheer War of the Alliance des Forces violence and all manner of cruelty. size of the populations affected by Démocratiques pour la Libération They are often the target of reprisals it, the contexts underlying it and du Congo (AFDL) in 1996, the so- if there is the slightest suspicion its inhuman nature. Millions of called wars of aggression from 1998 – even if not justified – that they Congolese have been repeatedly to 2003 by the RCD (Rassemblement have been sheltering soldiers from forced to leave their homes to flee the Congolais pour la Démocratie), the the other side of the conflict, or sound of marching boots, or because MLC (Mouvement de Libération simply been close to them, or for some catastrophe has stripped du Congo) and others, and the no reason at all. Their homes are them of everything, or simply CNDP rebellion headed by Laurent burned, their belongings stolen. because they have no choice other Nkunda. The most recent wars Young people are forced to carry than to leave. All we can do here have forced the displacement of loads or are press-ganged into the is provide a brief summary of one up to 3.4 million people, according armies. As for the girls and women, of the factors behind these forced to OCHA estimates. This is a vast they are subjected to horrific sexual migrations: political crises and wars. number – more, in fact, than the violence. UNICEF reports that it entire population of some African cared for 37,000 victims of sexual Political crises and wars countries. The provinces in the east violence in 2007, and MSF says These are certainly the reason of the country alone (North Kivu, that it took care of 2,800 victims of behind the majority of forced South Kivu, Northern Katanga, sexual violence in the first quarter migrations in DRC. The first political Maniema) have seen some 1.4 of 2009 alone. So they flee but they crises followed swiftly on the million persons displaced. are never completely safe because heels of independence: the Force the new places to which they flee Publique mutiny (July 1960), the But why did these people flee, are often also infested with soldiers, Katanga secession (1960-63), the when it was the soldiers who whether ‘aggressors’ or FARDC. Kasai secession (August 1960). Then were supposed to be fighting? The So they leave again, without really came the various wars of liberation, answer is that the Forces Armées knowing where they are going, often classified as rebellions by the Zaïroises (FAZ), known today as with nothing more than the barest ruling governments of the day: the the Forces Armées de la République essentials that they can carry. DEMOCRATIC REPUBLIC OF CONGO 9 FMR 36

They walk for tens, hundreds of children have benefitted from the the enlightenment provided kilometres, in rain or sun, leaving initiative. There are many difficulties by research. Research should behind at the roadside those who in providing aid to displaced help to raise the alarm, allocate cannot keep up. The strongest Congolese because of the sheer responsibilities, assess damage and often end up in refugee camps, size of the country, problems with propose solutions. Unfortunately, tented villages where promiscuity, access to refugee sites and obstacles research in general and research disease, rape and all kinds of ills to access imposed by the military. on migration in particular seems associated with their precarious to suffer from a kind of embargo situation await them. They are keen So what is the solution? Surely the on the part of the Congolese to return home to their villages solution lies in prevention and good government. There is no finance but cannot return until they can be governance. Forced migration is for research. There are no highly sure that the soldiers are no longer caused by or for political, economic regarded scientific reviews to report there. This is a real humanitarian and environmental reasons. It is on the phenomena observed. There drama, recognised as such by the therefore possible to avoid it if are no scientific conferences to international community, although we know its causes. Even natural discuss these phenomena. There that same community is unable, or disasters can be predicted. To is no study on a national scale to perhaps unwilling, to prevent it. achieve this, we need monitoring obtain statistics on levels, trends and studies which will raise the and characteristics of migration at Is there a solution? alarm and invite the government national level. Even the work carried Forced migrations are often to take whatever precautions are out by universities on migration in unforeseeable. It is only after necessary to avoid the causes or DRC is not well known – indeed, it is the event that humanitarian manage the consequences. However, rather loftily ignored. A similar lack organisations, rather than the this demands good governance of interest in supporting Congolese government, can try to manage –a responsible government which research seems to be present in the the consequences. Forced migrants puts the population’s concerns wider international community lose almost everything, and have at the heart of its actions, which as well. As a result, relatively to rebuild their lives from nothing. promotes conditions of non-war, little is known about Congolese They have urgent needs: access to non-aggression, a peaceful life for migration and little is being done drinking water, accommodation, its people. And also a government to manage it better, despite the fact healthcare, education for their which adheres to the October 2009 that it is one of the major aspects children. A number of institutions Convention for the Protection and that characterise Congolese life. have developed programmes to Assistance of IDPs in Africa (the help them but their needs remain Kampala Convention). This is all Bernard Mumpasi Lututala much greater than the aid on offer. the more important since DRC ([email protected]; UNICEF, for example, introduced never adopted nor implemented [email protected]) a programme for family and its own National Population Policy is Deputy Executive Secretary community rehabilitation of document, the first draft of which of CODESRIA (Council for the children affected by armed conflicts was drawn up back in ... 1988! Development of Social Science in 2006. This included identification, Research in Africa), , Senegal temporary care, family reunification, This is where the role of research (http://www.codesria.org). Professor and socio-economic and educational lies, because we believe that there Lututala was Rector of the University rehabilitation – but only 10% of can be no good governance without of Kinshasa from 2005 to 2009.

No peace of mind Stories of displacement in the Democratic Republic of Congo This photo, taken by Adrian Arbib, is included in an exhibition of photographs brought together by the Refugee Studies Centre to complement this issue of FMR. The exhibition runs from 1-14 December at the University Church of St Mary the Virgin in Oxford and is also online at:

http://www.forcedmigration.org/photos/no-peace-of-mind/

The exhibition showcases images from professional photographers and field practitioners illustrating the effects of the lengthy conflict in DRC on individuals and communities, and the different aspects of .

Please feel free to use the online exhibition to highlight the issues at stake in DRC, and to share it with others.

Mugunga IDP camp Adrian Arbib www.arbib.com 10 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Displacement trends in DRC Greta Zeender and Jacob Rothing

Internal displacement has plagued the Democratic Republic of in eastern DRC as well as during Congo (DRC) for nearly 20 years. This article provides an overview displacement and in the search for durable solutions. Access to land of the scale and causes of displacement during this period as through displacement has even well as efforts to address the assistance and protection needs of been an objective of the armed internally displaced persons (IDPs). conflict itself, illustrated by how CNDP since 2006 have expelled In the early 1990s inter-ethnic an undisciplined national army, Kivu peasants from one ethnic confrontations in the central and which acquired the characteristics group to replace them with peasants eastern regions aggravated political of the rebel groups it was absorbing. from their own constituency. IDPs instability which spread throughout From the end of 2004 until mid- who need to cultivate during the country and turned into a 2006, the Congolese army launched displacement in order to survive full-scale civil war in 1996. In the a series of military operations – have put pressure on scarce land years that followed, the process of some with the support of the UN’s resources leading to disputes with return and reintegration for IDPs peace keeping mission MONUC1 host communities. When attempting was halted when a major rebellion – to disarm groups in Ituri and the to return, they have often been against the Kinshasa government Kivus before the national elections met by angry farmers who have almost tripled the number of IDPs in June 2006. However, while these occupied their land in their absence. which reached two million by the operations contributed to improving end of 2000. Continued hostilities access to IDPs and allowed some Patterns of displacements between government forces, to return home – particularly in The vast majority of IDPs find refuge armed contingents from several in 2005 – they outside camp settings, whether with African nations and three rebel also caused the displacement of host families in other villages and factions affected nine of DRC’s hundreds of thousands of people. urban areas, or in forests. Very often ten provinces, plus the capital people are displaced on multiple Kinshasa, with IDP numbers In Orientale province, where the occasions but for a short time. As peaking at 3.4 million in 2003. Lord’s Resistance Army (LRA) was a general rule, IDPs try to remain subject to a joint military strike close to their place of origin but With the establishment in mid-2003 by Uganda, DRC and Southern shifting frontlines in the Kivus have of a Transitional Government, which Sudan armies in late 2008, the forced many to flee greater distances, included the armed opposition, LRA retaliated against civilians by making it more difficult for them to violence decreased by mid-2004 killing thousand and displacing maintain communication with home and many IDPs returned home. tens of thousands more. areas or to return home permanently. However, despite the power-sharing agreement and the withdrawal of The struggle for resources Host communities have become foreign troops, the government Members of the army as well as increasingly unable to cope with the struggled to assert its authority in militia groups have been involved in influx of people and several hundred the eastern provinces. The continued the illegal exploitation of minerals, thousand IDPs have built makeshift presence of up to twenty armed contributing to further displacement. settlements or found refuge in groups remained a threat to the In early 2007, for example, several dilapidated buildings or camps population. The activities of domestic thousand people in Kasai Oriental in Ituri, North Kivu and Katanga. armed groups – entrenched within province fled as their villages were According to OCHA, the percentage the local population and antagonistic burned down following a conflict of IDPs living in camps in North Kivu towards civilians associated with over a diamond mine in the area. In increased from 5% in 2005 to 35% in other groups – triggered new in North Kivu, Hutu 2008 but fell to 16% by mid-2010. displacement at alarming levels, militia forced the civilian population illustrating that displacement in to act as slave porters for their mining A number of IDPs have fled to urban DRC does not depend so much on activities, causing many to flee areas. Whilst such urbanisation the scale of warfare but rather on their villages. Competition between swells slum areas, it is also an how such warfare is carried out. two communities over access to opportunity for adept IDPs to fishing ponds in Dongo, Equateur, integrate locally. Camp residents The government’s response has in October 2009 turned into a full- near Goma, for instance, have been to integrate militants into the fledged insurgency which forced found work in urban areas while army and to disarm and repatriate 200,000 people to flee, two-thirds maintaining part of the family in foreign armed groups but this over the to the Republic camps to access food rations. process has been marred by of Congo and the Central African corruption and further conflict, often Republic, the rest within DRC. The total of IDPs in DRC at August reflecting local ethnic divisions and 2010 stood at almost 2 million.2 competing command structures. Control over arable land has been at North and South Kivu provinces The flawed integration resulted in the core of the cause of displacement had the highest numbers of IDPs, DEMOCRATIC REPUBLIC OF CONGO 11 FMR 36 UNHCR/S Schulman

with some 1,542,000 people reported, when the conflicts started, has been school under the current war-torn i.e. close to 78% of the total number degraded by looting, fleeing staff and education system, reducing their of IDPs. While close to a million lack of funds. On several occasions prospects for a more secure future. people had returned home over the displacement crises have coincided previous 18 months, the number with a sharp increase of epidemic Rape has been used extensively in of IDPs had still increased due to diseases, such as hemorrhagic fever, the context of military operations ongoing military operations against measles and . Some groups by most of the forces involved in rebel groups and due to reprisal are more affected than others. the conflicts. Within the context attacks against the population. Those who are forced to flee into the of existing gender relations in forests are particularly vulnerable, DRC, much of the sexual violence Vulnerability exacerbated as are the Pygmies who, uprooted is directed against women by displacement from their traditional lands since and girls; however, internally The International Rescue Committee’s 2003-04, struggle to survive. displaced men and boys are also (IRC) mortality surveys indicate that sexually assaulted by combatants. the number of deaths resulting from Many displaced children have been Despite all initiatives undertaken conflict has grown steadily from 2.4 forced into the ranks of the armed to counter sexual violence, it million in 2001 to 5.4 million in 2009.3 groups. UNICEF estimates that continues to be widespread IDPs also suffer gross human rights 20-40,000 children were associated throughout the country, used violations and social marginalisation. with armed groups between 2003 against the population generally, and 2005, falling to 3,000 by 2008. against displaced people, and as The displacement of farmers, the Displaced children in North Kivu, an instrument of displacement. burning of fields and food stocks, and particularly those separated from the destruction of infrastructure have their families, remain at risk not only Erosion of local capacity made trade and commerce extremely of being recruited by militias but Despite the national government’s difficult and caused widespread also of being raped and exploited. primary responsibility to protect and malnutrition in eastern DRC, an Left on their own, many are assist IDPs, there is still no national area with considerable agricultural homeless. Without food, medicines IDP strategy nor policies with a potential. Moreover, millions lack and shelter, displaced children direct positive impact on the lives of access to basic services. The health- have also been denied a range of IDPs. Some government ministries care system, already in a weak state other essential rights. Few attend have been tasked with responding 12 DEMOCRATIC REPUBLIC OF CONGO FMR 36

to their needs, and governors of that do not respect restitution rights peacekeepers who since 2004 have several provinces have established and international human rights. regularly threatened to withdraw offices to coordinate humanitarian their support for the army. assistance but with little success. In International humanitarian search of new sources of revenue, the assistance and protection Rather than supporting local DRC authorities have inconsistently International humanitarian agencies authorities (which can protect taxed humanitarian supplies. have been providing food assistance, IDPs but which also come from a health and other basic services to tradition that has favoured older Solutions at the local level have large numbers of IDPs for several men over women and children), been far more in evidence. The vast years, both during displacement agencies have instead strengthened majority of IDPs have survived on and upon return, focusing mainly alternative (and competing) their own or with the support of on camps and small towns in structures such as national NGOs relatives, friends and people of the eastern Congo. It has not been easy. and women’s groups. While these same ethnic group who have taken Constraints on mobility have been a groups may coincide better with the them in with the encouragement of significant obstacle to assisting IDPs Western worldview, the question local authorities. Church and IDP and ensuring quality in humanitarian is whether these groups really are leaders have often negotiated the interventions; attacks against national capable of increasing protection. modalities of settlements of IDPs and international staff are common. with the host communities. Local UN agencies in 2009, for instance, Recommendations to the authorities have also assigned to were unable to access 94% of North international community IDPs a place to stay, as well as land Kivu without a MONUC escort, and ■■Promote the development of to cultivate while they are displaced. have become reliant on international policies for durable solutions and national NGOs to reach the IDPs. for IDPs, focusing on security With customary laws guiding and on land tenure. most social relations in DRC, local The Protection Cluster, led by authorities have an important role UNHCR, coordinates its action with ■■Support customary law in to play in managing most protection MONUC. They have developed a tandem with the formal legal issues between civilians, including handbook for peacekeepers, detailing system in ways which are not IDPs. In some cases, they have measures for the protection of IDPs vulnerable to abuse i.e. so that had some success in persuading and a strategy to better assist IDPs it neither legalises the injustices militia commanders to change in host communities.4 However, of the past nor poses serious their conduct towards civilians, in December 2009 Human Rights obstacles to durable solutions. such as keeping combatants out Watch commented that, while this of communities, the creation of was an important initiative, there ■■Work with existing governance safe spaces for communities in had been no formal training on structures and support their danger of being displaced and the guidelines, no mechanism strengthening in line with making military looting and for monitoring and evaluation on international standards rather recruitment practices less harmful. whether and how these guidelines than creating parallel structures However, conflict has eroded their are followed, and nothing in which can lead to further capacity to manage disputes. the rules of engagement or force erosion of local governance. directives instructing troops to follow Internal displacement has affected these guidelines.5 The creation of ■■Ensure that the most vulnerable are the regulating role of local specific mechanisms to respond to reached by channelling resources authorities in at least four ways. pressing protection issues, including through organisations which First, the influx of large numbers of MONUC’s Joint Protection Teams have access to the frontline. people from other areas has fuelled (comprising civil affairs, human rights Greta Zeender ([email protected]) competition over scarce resources, and child protection staff), has given is Senior Analyst for the African Great leading to an overall increase in the international community the Lakes with the Internal Displacement poverty. Second, due to the mixing of capacity to catalogue violations and Monitoring Centre (Norwegian Refugee populations following displacement, assess protection issues – but they Council) and Jacob Rothing (jacob. local authorities have had to manage have yet to find a way of translating [email protected]) was formerly NRC the conflict of interests of different that knowledge into effective action in Protection and Advocacy Adviser in DRC ethnic groups for which custom and the field. and is currently IDMC Analyst. IDMC: tradition offers limited guidance. http://www.internal-displacement.org; Third, IDPs – having lost most of MONUC has been crucial to guaran- NRC: http://www.nrc.no their resources – cannot compensate teeing UN access to communities wronged families where there has in insecure environments, and 1. Known from 1 July 2010 as MONUSCO – Mission de l’Organisation des Nations Unies en République been conflict as in the past, leading in people living near MONUC bases Démocratique du Congo / United Nations Organization some situations to a logic of revenge are reported to be safer than in other Stabilization Mission in the Democratic Republic of the rather than resolution between areas. At the same time, MONUC’s Congo (Security Council Resolution 1925) 2. See latest statistics at IDPs and their hosts. Finally, reputation has been tarnished both http://www.internal-displacement.org/countries/DRCongo local military commanders have, by its inability to keep rebels at 3. http://www.theirc.org/special-reports/congo-forgotten-crisis to a certain degree, replaced the bay and by its support to a poorly 4. Protection in Practice traditional leaders trained to uphold trained, abusive national army. The http://tinyurl.com/DRCpeacekeepers-handbook 5. http://www.hrw.org/en/node/87142/section/12 customary law, leading to decisions relationship has embarrassed UN DEMOCRATIC REPUBLIC OF CONGO 13 FMR 36 Beyond the silence: sexual violence in eastern DRC Jessica Keralis

The sexual violence laws introduced in DRC in 2006 have had only settling of rape cases by ‘amicable’ limited impact. A much louder condemnation of rape and a far resolutions. The second law deals with criminal procedure with more proactive approach to prevention are urgently needed. regard to rape cases. It states that Dr Denis Mukwege has been called for treatment but the hospital can victims have the right to be seen the ‘angel of Bukavu’. He is a only accept 10-12 new patients each by a doctor and a psychologist, gynaecological surgeon who runs day; the rest are asked to return that judicial proceedings cannot Panzi hospital, a medical centre the following day. One third of last longer than three months, and in South Kivu that specialises in the women admitted to Panzi that the security and psychological the repair of vaginal fistulas1 and require major surgery. Dr Mukwege well-being of victims and witnesses the treatment of rape victims. Not treats 3,600 women per year and must be guaranteed; it also prevents only is he the only gynaecologist performs approximately 1,000 the use of character accusations at Panzi but he is the only doctor reconstructive surgeries per year. or the plaintiff’s past actions with gynaecological expertise in all from being used against them. of South Kivu – an area of 65,000 The 2006 sexual violence square miles. He is probably the laws: limited impact These laws, as well as the lobbying world’s leading expert in repairing In 2006, the Congolese government that led to their passage, have had injuries resulting from rape. passed two laws specifically some impact, though it has been addressing sexual violence. The first minor. More cases are being tried As of October 2008, he had treated provides a formal definition of rape, in military and civilian courts. over 21,000 rape victims, many of includes both sexes and all forms of Military justice officials in DRC them repeat victims. Most of the penetration, and criminalises acts know more about the issue and patients are cared for under the such as the insertion of an object seem more ready to try cases of hospital’s Victims of Sexual Violence into a woman’s vagina, sexual sexual violence, and they are taking programme.2 Of the 334 beds at the mutilation, , forced additional steps to protect child hospital, 200 are allocated to this prostitution and forced marriage. victims. Additionally, military courts programme, and it not uncommon It also defines sexual relations with have been actively applying the to have 450 sexual assault survivors a minor (any person under age Rome Statute (of the International in the hospital at any given time. 16) as statutory rape, establishes Criminal Court) to cases of war Women and girls arrive every day penalties for rape, and prohibits the crimes and crimes against humanity.

Heal Africa Transit Centre for women victims of sexual violence IRIN/Aubrey Graham IRIN/Aubrey 14 DEMOCRATIC REPUBLIC OF CONGO FMR 36

Despite these improvements, Additionally, an actively working Dr Mukwege complains is too often however, the extent and brutality legal system might encourage silent on the issue: “The problem of these crimes has remained more victims to come forward. is known but the government is largely unchanged. The stream inaudible. …It doesn’t need money to of new victims coming to Panzi Integrating education on civilian condemn the rape – they would need Hospital continues unabated, with protection and sexual violence only a microphone and the will.” women appearing in waves each into military training: Compliance time there is a new outburst of with international humanitarian When Dr Mukwege accepted the militia violence in the region. law should be enforced among African of the Year award in 2008, all members of the armed forces. he stated that he would accept it How can protection be improved? Both officers and lower-ranking only “if it will highlight the situation Dr Mukwege has said that in addition soldiers should receive regular and of women in eastern DRC.” to a political response to the violence, comprehensive training on civilian he would like to see real protection protection, including protection Jessica Keralis (jmkeralis@gmail. for the women once they leave the of women and girls. This training com) is a Public Health Surveillance hospital. While he can treat them and should be evaluated regularly Specialist with McKing Consulting, surgically reconstruct them, there is no to determine its impact, and working with the Texas Department guarantee that they will not be raped modified according to the results. of State Health Services in Austin, again, and he has often seen repeat Texas. This article is written in a cases where women return to the Creating new protection personal capacity and does not reflect hospital, considerably more damaged interventions specifically for South the views of McKing or Texas DSHS. than the first time they appeared. This Kivu: Aid organisations should work underscores the need, now more than with local communities to devise See FMR 27 ‘Sexual violence: ever, for a multi-faceted approach protection interventions which are weapon of war, impediment to to combat sexual violence in the specific for the area and based on peace’, online at http://www. DRC. This approach must include: evidence of typical patterns of attack. fmreview.org/sexualviolence.htm

1. An abnormal opening between the reproductive tract Enforcing existing laws and ending Working to change the culture: of a woman or girl and one or more body cavities or impunity: DRC has an established Cultural awareness and re-education surfaces. See A Pinel and LK Bosire, ‘Traumatic fistula: the case for reparations,’ FMR 27, legal framework to hold perpetrators are crucial to both encouraging http://www.fmreview.org/FMRpdfs/FMR27/10.pdf of sexual violence responsible for victims to come forward and helping 2. Harvard Humanitarian Initiative with Oxfam America, ‘Now, the world is without me: an their crimes. The government must them to heal. A key step in this investigation of sexual violence in eastern Democratic work to enforce those laws to ensure process would be clear and audible Republic of Congo,’ April 2010 that aggressors are no longer able condemnation of the violence by http://tinyurl.com/oxfam-drc-sexualviolence-2010 to act without fear of punishment. the Congolese government, which Protection from sexual violence in DRC Sarah Mosely, Talita Cetinoglu and Marit Glad

While service provision for survivors of sexual violence is the by armed groups, there is no doubt top priority, protection for women and girls can also be improved that women and girls are also being sexually assaulted by civilians. in DRC. Traditional gender roles and the The humanitarian community society organisations. Real change already low status of women in has faced enormous challenges in will require substantial political will Congolese society exacerbate trying to protect women and girls and action by national authorities, their vulnerability to violence and in DRC. Civilian-based prevention with and sustained support exploitation. However, in eastern strategies traditionally implemented from the international community. DRC women’s and girls’ greatest by humanitarian actors are critical risk of sexual assault comes from to addressing the underlying DRC is struggling with both the war, the armed bodies involved causes of sexual and gender-based gender-based violence in society in the conflict, and consequent violence, as well as providing some and conflict-related sexual violence. breakdown of state entities such measure of physical protection These will require inter-dependent as the judicial system and police and accountability. However, real yet distinct solutions. While the force that might otherwise provide change in the shocking level of cases of sexual violence being some measure of security. sexual violence against women and documented across the country, girls in eastern DRC will require including in non-conflict areas, Women and girls are being changes that go beyond the mandate indicate that a significant percentage targeted by all armed groups with of humanitarian agencies and civil of reported cases are perpetrated unparalleled levels of brutality. DEMOCRATIC REPUBLIC OF CONGO 15 FMR 36

Over the past year, the International Both conflict-related sexual it has designated agency leads and Rescue Committee (IRC) has seen violence and societal gender-based activities for five thematic areas: mutilation and torture become violence will require a security and security sector reform; prevention more common in relation to acts of judicial system capable of ensuring and protection; combating impunity; sexual violence and more children accountability of sexual offenders. multi-sectoral assistance; and data among the survivors. Unfortunately, Impunity for sexual offenders in and mapping. The Comprehensive undisciplined members of the DRC is widespread. Few sexual Strategy is a new tool, which should Congolese armed forces are also criminals are brought in front of a be seen as an important pilot for committing acts of sexual violence.1 court of law and even fewer actually how the international community spend time in prison for their can assist countries in addressing Traditional preventive actions. Corruption, a fee-for-service this issue. However, the strategy strategies are not enough system (under which the survivor may be inadvertently promoting a Humanitarian actors have has to pay to press charges) and fragmented approach by dividing traditionally responded to length of trial are only some of the different prevention activities – violence against women either many factors discouraging survivors such as security sector reform with programmes that increase from seeking justice. As a result, and combating impunity – into protection in a particular physical despite the fact that survivors are separate pillars of response. It is space where women are most at offered legal services free of charge particularly important to capture risk, or with programmes that through IRC’s programme, fewer any key lessons identified and to focus on changing negative or than 5% of the women assisted by modify the Comprehensive Strategy violent behaviour of men. IRC seek support for judicial action accordingly if this pilot effort is following a sexual assault and an to be adopted as an international Arguably, these approaches are not even smaller percentage take their model for a unified UN-supported sufficient in eastern DRC where cases to court. Fear of retaliation, approach to sexual violence. 56% of women reporting to IRC stigmatisation by the community are being attacked by members of and spousal rejection can prove Practice is still slow to catch up armed groups while conducting insurmountable obstacles for with the new protection framework their everyday activities. The IRC survivors when considering legal created for women and girls by UN has found that women and girls action. Safety and security concerns resolutions 1820 and 1888. Unless are potentially at risk in many compound the issue, with police political authorities elaborate settings, some of which are far forces unable or unwilling to ensure security-oriented solutions and beyond the reach of the protection arrest and incarceration of convicted institutions are developed to capacity of humanitarian and perpetrators or those awaiting trial. implement them, sexual violence in civil society organisations. Sexual DRC will continue to be treated as an assaults in these settings will The problem of impunity unfortunate side-effect of war, not as not be prevented unless there unfortunately extends to members a security problem which requires are national or international of the Congolese security forces and deserves a security response. security forces able and willing – the same forces who are tasked to protect the local population. to protect women and girls from Political will, national and crime, including sexual violence. international, must be generated Various actors in DRC are The lack of accountability within and applied to all elements of implementing programmes focusing the command structures of the security and justice sector reform on preventing sexual assault by Congolese army allows combatants – and reform of the military, changing attitudes and behaviour, to continue to carry out grievous police, penitentiary and judicial including of security forces. While human rights abuses with few systems carried out – if we are to training in human rights, gender or no repercussions. Sexual hope for an end to conflict-related and conduct of war has a place, offenders among the national sexual violence in eastern DRC. the assumption that changes in army and police are often not knowledge and awareness will in prosecuted, and middle- and Sarah Mosely (Sarah.Mosely@theirc. fact lead to changes in behaviour senior-level personnel are not org) is DRC Gender-Based Violence is under-researched. Ensuring that held accountable for the actions (GBV) Technical Advisor for IRC, these types of training become an of men under their command.2 Talita Cetinoglu (Dalita.Cetinoglu@ integral part of the standard training theirc.org) is the DRC Director of package of Congolese security forces While the Congolese government GBV Program for IRC and Marit is an important and necessary step declared a laudable zero tolerance Glad ([email protected]) was in the professionalisation of the policy for such violations by Policy and Advocacy Advisor for IRC national army and police. However, members of its armed forces in in DRC (http://www.theirc.org). a real shift in behaviour is only July 2009, there is still a great 1. Baaz, Maria & Stern, Maria, ‘Understanding and likely when military command discrepancy between the policy addressing conflict-related sexual violence’, Nordiska and control are instated, military and its implementation. Afrikainstitutet, Policy Notes 2010/3 2. ‘Soldiers who rape, commanders who condone’, personnel are regularly paid and Report, 2009 provided adequate lodging and food, The UN’s peacekeeping mission in http://www.hrw.org/en/node/84366/section/1 and members of the armed forces DRC has outlined responses to these 3. http://monuc.unmissions.org/Default.aspx?tabid=4073 are consistently held accountable issues in its Comprehensive Strategy for acts of sexual violence. to Fight Sexual Violence,3 in which 16 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Preventing sexual violence Melanie Teff and Camilla Campisi

While there has been more focus on assistance to survivors areas for women to access police, of sexual violence after they have been attacked, not enough lawyers, courts and medical services in time to obtain medico-legal reports resources or political attention are devoted to preventing these acts (as well as to obtain vital medical of violence from occurring in the first place. assistance). All of these services suffer from a severe lack of staffing, International focus on sexual violence protection risks and to try to find ways training and infrastructure outside in DRC by donor governments and to avoid them. However, there were no the provincial capitals. Increased the media led to the launch of a community strategies on prevention support for mobile courts would help. new UN comprehensive strategy on in the communities RI visited. sexual violence in 2009. The strategy Local civil society groups are often In the provincial capitals there have has five components, three of which active in areas where international been some convictions for sexual are directly linked to prevention: organisations do not work due to violence but the sentences handed combating impunity, security sector insecurity or inaccessibility, and it down tend to be short. According to reform, and prevention and protection. is important to support their work some, judges are reluctant to add to While donor countries have in the with communities to set up sexual the problem of prison overcrowding. past often been reluctant to fund violence prevention committees. The fight against impunity cannot prevention activities (apart from some be successful without improving impunity-related activities) because The fight against impunity the prison system more generally; of their lack of tangible outcomes, Combating impunity has long been in too many cases men convicted they have pushed for the new a focus for donors when addressing of sexual violence have managed strategy and for a focus on prevention prevention of sexual violence, to escape or bribe their way out and government ownership. particularly in DRC. In 2006 the of prison within a few days. Congolese government passed a The comprehensive strategy has been law on sexual violence that looks In conflict-affected areas, the majority incorporated into the government’s good on paper — but there has of perpetrators are armed men, own Stabilization and Reconstruction been very little implementation. many of whom are members of Plan in Conflict-Affected Areas of the Congolese army. Training and Eastern DRC (STAREC). The sexual The hope for the fight against awareness raising to inform potential violence element of the strategy is impunity in DRC is that increasing perpetrators, particularly within limited in its ability to address the criminal convictions and sentences the army, about the consequences needs in conflict zones since STAREC for sexual violence will deter of sexual violence for survivors mainly focuses on more stable potential perpetrators but the civilian and for perpetrators are essential areas. This means that prevention court system struggles to respond to any prevention strategy. activities under the strategy will be adequately to sexual violence cases. less focused on the unstable conflict Most conflict-related sexual violence In 2009, President Kabila issued a zones where some of the most brutal takes place in rural areas far from the statement saying that there would cases of sexual violence occur. In the towns, and it is hardest in these remote be zero tolerance for perpetrators sections of the strategy that deal with prevention, impunity is by the far the strongest element, while other areas A group set up by a survivor of rape violence against women and on HIV/ like security sector reform, prevention to support HIV-positive women and AIDS to try to overcome the stigma and protection activities have received survivors of gender-based violence in suffered by many survivors of rape. less attention or strategic thinking. North Kivu developed into a network that assists survivors of sexual assault Like far too many of the local NGOs, In May 2010, Refugees International by accompanying them to ensure this group receives minimal financial (RI) staff met with local women’s that they get access to medical help support. It is always difficult for UN groups in difficult-to-access and, if they want to report their case agencies and international NGOs to conflict-affected areas. Women to the police, legal assistance. determine which local NGOs have the told us that rape survivors often capacity to run programmes, handle tell them that even when medical They also run a counselling centre funds transparently and be sufficiently care is available there is no point in (maison d’écoute) where women can independent of political influences. seeking it because they have to go stay overnight, and they help survivors Yet no comprehensive national sexual back to the fields where they were of sexual assaults who have been violence strategy can be successful attacked in order to provide food abandoned by their families restart if it fails to involve the people most for their families, and they know their lives by providing them with directly affected by it, namely the local they will only be raped again. training in crafts, agriculture or animal women’s groups that will continue husbandry. They run awareness- to provide support long after the Under STAREC, there are plans to raising sessions with communities on international agencies have left. work with communities to agree on DEMOCRATIC REPUBLIC OF CONGO 17 FMR 36

of sexual violence in the military. in addressing sexual violence, physical leave women at even greater risk. And there are reported to have protection will be virtually impossible In some areas MONUSCO does been more convictions by military to arrange in time unless alternative respond to community requests, tribunals for sexual violence, which methods of communication, such as conducting farm patrols to is having some positive impact. But such as radio, are set up. accompany women going to their these military prosecutions have fields, but peacekeepers need more not been of high-ranking officers, Security sector reform is another training in how to address sexual and often commanders refuse to key area of work on prevention but violence and where to refer survivors. allow their soldiers to be tried for donors who fund this rarely link it sexual violence. The Congolese with the fight against sexual violence. Conclusion government needs to bring to justice Training of the army is essential but Donor governments should provide high-ranking commanders of units more should also be done to support more funding for the humanitarian responsible for sexual violence. local community groups to lodge response to help local groups And every conviction for sexual complaints about any abuses by the working in conflict-affected areas violence needs to be publicised, security services in their area. and to expand coverage in eastern to enhance its deterrent effect. DRC so that prevention activities Finally, it is difficult to plan prevention can have a real impact. They should Changing the thinking activities without having a clear also fund the new government- about prevention picture of the trends in incidents and backed sexual violence strategy. While there is increased focus perpetrators of sexual violence. It on the fight against impunity in is always extremely hard to obtain There are many vital activities that the DRC, more thinking must accurate statistics on sexual violence can be undertaken to prevent sexual be done on prevention outside because only a small proportion of violence in the DRC but the most the traditional parameters. survivors come forward to report important prevention activity of all is cases. Under the new comprehensive bringing about an end to the conflict. The link between alternative economic sexual violence strategy, the UN Donors need to increase pressure on opportunities for women and sexual Population Fund (UNFPA) is the the Congolese government to address violence prevention needs to be lead agency on data and mapping the long-running conflict in the east, made. Survivors of sexual violence but they do not currently have the and find peaceful solutions in order emphasised that if they could gain resources to conduct the incident to improve the lives of women and skills to support themselves by other mapping effectively. Further, some girls who continue to be targets means they would not be forced agencies have refused to hand over for horrific violence and rape. to walk for miles to farm fields to UNFPA data that they consider in remote areas where they are at sensitive because of concerns about Camilla Campisi ([email protected]), greater risk of sexual violence. the confidentiality of the system. now with the Quaker UN Office, was formerly lead advocate on DRC Sexual violence also occurs in settings UNFPA in DRC is now instituting at Refugees International. Melanie where women are forced to live use of the Gender-Based Violence Teff ([email protected]) is Senior in overcrowded and undignified Information Management System – a Advocate on Women’s Rights at conditions which do not allow database developed at the global Refugees International (http://www. them any personal space. This is level by UNFPA, UNHCR and the refugeesinternational.org). the case for many of Congolese International Rescue Committee.1 1. http://gbvims.org women living in displacement sites This should allow agencies to react

or with host families. UNHCR is quickly to fill the gap in information working on reducing overcrowding on incidents and assistance provided Sexual violence: weapon of with host families; this type of to survivors of sexual violence. war, impediment to peace initiative should reduce displaced Since the database has been FMR issue 27 explores the challenges women’s vulnerability. validated at the global level, this and opportunities for combating sexual will address some organisations’ violence in conflict, post-conflict and More effective prevention requires concerns about confidentiality. development recovery contexts. more effective communications issue 27 systems, especially in remote areas. Some measure of prevention has been January 2007 The ability to prevent sexual violence provided by the UN Stabilization Sexual violence: will always be limited in areas Mission in the Congo (MONUSCO, weapon of war, impediment to peace where communications systems do formerly MONUC). The presence of not function. Local authorities and the peacekeeping force is a deterrent women’s groups pointed out that they to some, although there have been

feel especially vulnerable to violence occasions when the peacekeepers plus: n Massive displacement in Iraq n Forgotten Kosovo IDPs when they cannot raise the alert have failed to protect populations n Somalis risk death crossing Red Sea n Misrepresenting Sudan’s Lost Boys about impending attacks. In areas from attack, often as a result of lack n Voices of displaced Colombians

Published by the Refugee Studies Centre in association where there are no mobile phone of effective communications systems with the United Nations Population Fund (UNFPA)

FMR_27_sexual violence + moc.ind1 1 27/3/07 15:55:56 networks, no matter how much work having been established with local Available in English, French, Spanish has been done to set up community communities. Any premature and Arabic. prevention committees and improve withdrawal of peacekeeping http://www.fmreview.org/sexualviolence.htm the work of police and peacekeepers military and civilian staff would 18 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Land and property disputes impeding return and reintegration Oumar Sylla

A survey conducted by UNHCR in 2009 in IDP camps in North of land laws, land in North Kivu Kivu shows that access to land is the second factor after security and the majority of the country is managed and transferred on the basis which prevents people from returning to their zone of origin. of customary law, while the state only On 17 February 2010, UNHCR, during this period of pacification.2 recognises land certificates issued Rwanda and DRC signed the Many land conflicts result from by the property administration Tripartite Agreement1 for the claims for the right to restitution office. The registration procedure reciprocal repatriation of refugees after a long absence during which has enabled better informed groups between Rwanda and DRC. It has land has been transformed into to go to the land administration raised concerns, however, regarding pasture or farming land, or simply authorities to register plots whilst the land conflicts which had already taken over for habitation. the former occupants are displaced. reached alarming proportions in and territories Another cause of conflict is Finally, the involvement of the and their place in the overall the acquisition of land by very military, often former members peace process in North Kivu. large landowners. In Masisi and of rebel groups, is a growing phenomenon in Rutshuru and Masisi territories. A significant number of land concessions are under the control of former members

UN-HABITAT 2010 UN-HABITAT of militias who are now integrated into the regular army. The local populations often dispute these acquisitions which seem to them to go against both legal and customary principles.

Existing strategies With the resurgence of land conflicts, UN-HABITAT, in partnership with UNHCR, has been implementing a programme to prevent and mediate land conflicts in the context of return and reintegration since May 2009. The aim is to offer communities alternative Community members with land problems looking for assistance, Kitshanga, methods to resolve conflicts while the legal system is still paralysed by years According to local communities, Rutshuru territories, land has been of war or simply inaccessible to the massive return of refugees will acquired by influential people rural populations, especially in fuel competition for land access. during these periods of crisis on the areas of return. In North Kivu, In post-conflict situations, access the basis of sometimes dubious for example, more than ten local to land becomes a determining procedures. These new owners are organisations working to prevent factor for cohabitation between often challenged by both IDPs and land conflict have come together in communities and, above all, for the local populations who find these a coordination framework under the rebuilding of a community, and the acquisitions unjust, and this often authority of the provincial ministry emergence of land-related conflicts turns into violent confrontation responsible for property matters. A is understandable in such a context. or provokes arbitrary arrests. land mediation centre has been set In North Kivu, conflict over land – up by UN-HABITAT in Kitshanga often linked to ethnicity – is a very Another source of conflict lies in town in Masisi territory. Centre staff old phenomenon. The varied nature the contradiction between law offer training and information on of the current land conflicts tells and tradition in respect of land land ownership issues with a view us much about the land at stake management. Despite the existence to preventing land conflicts but also DEMOCRATIC REPUBLIC OF CONGO 19 FMR 36

provide mediation at the request Strategy,3 particularly in its Return Government of DRC through its of the different parties involved and Reintegration component, is Stabilization and Reconstruction when the traditional leaders and a first step towards making the Plan in Conflict-Affected Areas of other community bodies are out international community aware of Eastern DRC (STAREC) may well of their depth in a land conflict. the importance of the land question provide a framework for a coherent The strategy focuses on providing in the process of reconstruction and coordinated approach to the land-conflict mediation teams with and bringing peace to the areas land problem. Such an approach a certain degree of mobility and affected by armed conflicts. would also have the advantage flexibility, alongside activities to of leading to the national and strengthen capacity of, for example, The principal Congolese land law provincial authorities taking a traditional leaders and local dates from 1973 and no longer degree of ownership of the issue. organisations in the prevention corresponds to the socio-political and resolution of land conflicts. realities of the country. Besides, it To take this concern into account has never been applied effectively more fully, a Land Coordination Other international organisations such in rural areas, generally due to Group has been set up under the as the Norwegian Refugee Council poor knowledge of the law or its management of the provincial Land and local organisations are also inability to be adapted locally. It Ministry in North Kivu to provide investing in land-conflict resolution needs to be reassessed during this a framework for dialogue and by means of local reconciliation and post-conflict period. For example, harmonisation between the various legal aid mechanisms. this law offers no perspective on parties working on the land issue, possible harmonisation between using an integrated and cross-cutting Weakness of the means available traditional customs and the law, approach. The group consists of With the signing of the Tripartite while the traditional leaders state bodies (provincial ministries Agreement disquiet is growing still play a significant role in which have dealings with land and in relation to the repatriation of the management of land and property) and non-state bodies, 53,000 Congolese people who have the settlement of land disputes both national and international. It been living in camps in Rwanda. within their communities. Land interacts with Clusters working on Feelings of hostility are already management is still centralised in a humanitarian issues and the recovery rising in the territories of North Kivu land administration which is almost of communities, specifically the with the community’s rejection of non-existent in rural areas where Protection Cluster which is under these refugees, considered by some the returning populations need the lead of UNHCR, the Return and traditional leaders to be mainly non- assistance to secure their land rights Community Reintegration Cluster Congolese. Furthermore, some UN or simply to re-establish themselves. and the Shelter Working Group, with agencies, including UN-HABITAT an exchange of information and and UNHCR, have been accused A lasting political solution to the initiatives concerning human rights of having a ‘hidden agenda’ of land problem would require an violations. facilitating the implantation of integrated approach based on the Rwandans in Congolese territory. link between land and the law Effective prevention and resolution The repatriation movement thus concerning displaced persons and of land conflicts in the east of DRC risks running up against the land refugees. To date, international legal remain subject to the existence of problem with the chance of refusal to instruments governing the rights political will. In the forthcoming return or provide access to the land of displaced persons in the whole land reform, the Government of on the basis of ethnic considerations. Great Lakes region have still not been DRC should seek to integrate the Despite warnings given by the applied to ensure the development land problems which are specific to international community, the of policies and legal frameworks to displaced persons and refugees with provincial government tends to deal coherently with the legal rights the peace process in the east of DRC downplay the issue on the grounds of displaced persons and refugees. and in particular its links with its that “the land belongs to the state”. What is necessary is to strengthen neighbours. A framework for regional the capacities of the political and cooperation is more necessary than Agencies who invest in the administrative authorities with a ever for the development of a shared prevention of land conflicts and the view to promoting an environment land policy vision in accordance promotion of good land governance favourable to the development of a with the Stability Pact for the Great do not provide sufficiently for land policy and a legal framework Lakes.4 These initiatives will also access to resources to deal with the which would offer lasting solutions require greater involvement of many land conflicts which emerge to the land problem for successful the international community. in the return areas. Despite a plea returns and reintegration. by UN-HABITAT to recognise the Oumar Sylla (oumar.sylla@unhabitat. importance of the land problem in Concerted and coordinated action org) is Head of Eastern office for UN- the peace process and economic The many initiatives under way HABITAT in DRC (www.unhabitat.org). recovery, we still see poor to prevent and resolve land 1. http://www.provincenordkivu.org/doc6/refugies_ commitment by the international conflicts require harmonisation rwandais_vivant_rdc.pdf (French) community, especially donors, to the and coordination in order to 2. UN-HABITAT recorded more than 300 land conflicts between September and December 2009 in Masisi and land sector. However, the inclusion prevent setbacks while community Rutshuru territories. of land issues in the International social cohesion is still fragile. The 3. http://tinyurl.com/DRC-ISSSS Security and Stabilisation Support strategies implemented by the 4. http://www.icglr.org/icglr-pacte.php 20 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Land, IDPs and mediation Baptiste Raymond

Unmanaged resettlement of IDPs in eastern DRC might participative approach based on threaten an already fragile security situation. mediation, trying to draw in both the legal authorities and the customary Land-based conflicts are at the customary chiefs act as proxy for chiefs. Without the involvement of root of the turmoil in eastern DRC, state authority, all the more so as the both, any resolution might not be where land constitutes both an Congolese state has little capacity recognised under Congolese law, or insurance for bad economic times and reach in many of the regions might not be implemented locally and a foundation of individual and to which IDPs might return. Even or be respected by the parties. community identity. All land in DRC though their influence is fading, is owned by the Congolese state, customary chiefs need to play a key Another local NGO, the Pole and legally Congolese people only role in the returns of IDPs in two Institute,3 relies on an international have the right to use it. Customary ways. First, they may well constitute network of researchers and chiefs receive tribute in exchange for the best source of information and consultants and works in partnership granting to their people the right to monitoring for authorities dealing with local peasants’ organisations use the land, thereby creating a form with IDPs. Second, there is little such as FOPAC,4 religious leaders of stewardship, a collective system chance for IDPs to live in peace on and local NGOs. It focuses on of risk management for economic their land if their resettlement has not information sharing (mainly via uncertainty. been approved by customary chiefs. radio, to bypass the issue of literacy) as a means to empower the local As land issues were recognised at the population and to ignite citizen- January 2008 Goma Conference as based dialogue, so that they can start being central to the stabilisation and to develop their own solutions and reconstruction of the country, UN have a sense of ownership of them.

IRIN/Lisa Clifford agencies have also been prioritising land dispute resolution. UNHCR’s What really matters target for 2010 has been for at least Eastern DRC has attracted most 80% of land property disputes of the prominent players in the to be successfully mediated or international community and it resolved by appropriate bodies. would seem useful, if not crucial, The fertile hills of Masisi district, in North Kivu to agree on a set of guiding UNHCR and UN-HABITAT have principles for coordination and jointly developed an approach implementation. Efficiency in the It has long been the responsibility to land-based conflict resolution return of IDPs could be measured of the customary chiefs, therefore, that is inclusive of all stakeholders by three interlinked parameters: to mediate land disputes but the and which focuses on mediation the sustainability of the action, national government, in the person conducted either by conflict its capacity to address the causes of the Minister of Land Affairs, resolution and mediation committees of displacement, and the sense preaches the supremacy of modern or by individual mediators. Because of ownership each stakeholder law and is suspicious of alternative it is participative and community- is able to have in the activity. methods of conflict resolution. The based, this approach has proven to be Minister, Maj Kisimba Ngoy, is also reasonably successful. For example, IDP resettlement offers cases the father of property right reforms the Mediation Centre established ripe for mediation. However, the and the man who declared in 2009 in at Kitshanga by UN-HABITAT has foundations of mediation in DRC Goma that the key to ethnic conflict allowed 183 Pygmies to go back to differ from Western models of resolution in the East was sovereign their land, which had been taken mediation which tend to insist on land legislation. In order to address away while they were in IDP camps.1 the neutrality of the mediator, who the issue of IDPs, he authorised acts as a guarantor of a safe space property-rights title conversion, Finally, local civil society is also for the parties to interact. This vision to bring formerly held property- active in the resolution of land-based reflects the relative importance rights titles under the modern legal conflicts. Local NGO Aide et Action of the individual, whereas in framework, and the construction pour la Paix underlines the limits DRC community comes first. of new settlements in compliance of an exclusively legal approach, as Therefore, mediators in DRC have with an official land tax register. framed by Congolese law, which to be acknowledged as such by the tends to end with an angry ‘loser’ community of resettlement and must However, the modern legal and a ‘winner’ fearful of retaliation be integrated into its social network. framework is sometimes perceived, by the ‘loser’.2 Aide et Action pour la or denounced, by customary chiefs Paix addresses the issue of displaced Government action appears to as the legacy of the colonial state, people by raising awareness in be inherently ambivalent. In the and most often people are simply not communities in the areas where East, the government is often aware of the law. At the local level, IDPs might return and fosters a perceived as one of the parties to DEMOCRATIC REPUBLIC OF CONGO 21 FMR 36

conflict. However, the state is the civil society and UN agencies in chiefs, influential representatives only stakeholder able to design a this context. It is important that of the local community, IDP sustainable framework to address UNHCR and UN-HABITAT continue spokespersons, members of the land-based conflicts by addressing in a role of technical cooperation, justice arm of the provincial the roots of conflict. Imposing training mediators from civil society, government and UN staff. modern law in DRC might also have gradually differentiating the role of a positive impact on investments, mediator from that of community The main objectives of the IDP which in the long run would leader, a role that could eventually Return Committees would include: enable more people to move from have status in Congolese law. subsistence agriculture to develop ■■collecting and disseminating other sectors of the economy, By building trust, all those who information about IDPs decreasing the cardinal importance have been sources of trouble of land as a mean of production. for each other become part of ■■mobilising resources for the solution leading to peaceful IDP resettlement Civil society’s place in the spectrum development in DRC. In order to of stakeholders makes it a privileged foster the desire and the habit of ■■facilitating early warning bridge-builder between IDPs, local living peacefully together and to and response in the case of communities and institutional contribute to solving the complex IDP-related conflicts authorities. Civil society can not equation of IDPs in eastern DRC, only collect people’s grievances and other more specific recommendations ■■promoting and advocating put them forward for consideration include the need to: peace, based on the rule of law, but can also participate in the between local communities. development of the legal framework ■■clarify the process of access Baptiste Raymond (b.p.raymond@ on land issues (such as the to land and its right of use, gmail.com) is a graduate student drafting of the Code Agricole). in order to empower IDPs at Columbia University. In 2010, he conducted research on deforestation, Modern law provides an objective ■■map customary chiefs’ territories land ownership patterns and conflicts in opportunity to start rehabilitating DRC, with Clarissa Baldin and Severine the state in the East, as long as it ■■identify, train and pay district Losembe, in partnership with the is not enforced bluntly. Current community mediators Agence Française de Développement. developments in decentralising under the umbrella of the DRC are working in that direction, provincial government 1. http://www.landcoalition.org/wp-content/uploads/ by allowing customary chiefs to unhabitat_n_3.pdf 2. ‘Ce qu’il faut connaître sur le sol en droit Congolais’ act as magistrates in well-defined ■■establish local IDP Return http://tinyurl.com/sol-et-droit-congolais cases. There is space and need for Committees staffed on a 3. http://www.pole-institute.org/ the participation of both Congolese voluntary basis by customary 4. Fédération des Organisations des Producteurs Agricoles du Congo au Nord-Kivu http://www.fopac.org/ Not going home: displaced youth after war Timothy Raeymaekers

In preparing for a post-conflict DRC, we should be more aware of vulnerability, with close to one young people’s aspirations, the opportunities open to them, and third of them (28.6%) forced to find a second job – mainly in petty the challenges they face in building a decent life. commerce (41.6%) or agriculture Current intervention programmes This article outlines the findings (29.7%) – to supplement their daily in DRC rarely focus on ‘youth’ as a of research undertaken in 2008 income. As a first occupation, these social subcategory but tend rather into the livelihoods of (unarmed) displaced youngsters are employed to single out children or child displaced youngsters who have mainly in agriculture (27.5%), petty combatants as preferable target settled in and around the city of commerce (11%) or the transport groups. This is surprising given Butembo in eastern DRC.1 As in sector (6.8%); in the rural periphery the current focus on ‘youth bulges’ other urban African contexts, one these percentages expand to 70% in in Africa and the risk such youth would expect war-affected youth agriculture and 12.5% in commerce are believed to represent for the to face severe problems of poverty and transport together. This outbreak and re-emergence of violent and marginalisation in eastern constitutes a major departure from conflict. Besides such negative DRC due to precarious and badly their previous lives, as around half stereotyping, very little research paid work, arguably making them of the youngsters (52%) formerly is done on youth employment and more vulnerable to criminal activity worked as farmers and all of them their opportunities for a better and recruitment by armed groups. come from rural backgrounds. The life in the aftermath of war. Overall, this study confirms their 22 DEMOCRATIC REPUBLIC OF CONGO FMR 36

majority (98%) left home because characterised by a high degree of people in DRC might do well to of combat and security threats. uncertainty and unpredictability. single out the labour opportunities and ambitions of migrating youth. Two observations seem particularly Some of this daily suffering can of Too frequently, development worth exploring. The first concerns course be related to their fragile interventions have been confined to these youngsters’ aspirations to social context. Even though most either children or child combatants, construct a home for themselves. displaced people in eastern DRC disregarding the large numbers of Contrary to common belief, most seem to be living with host families, peaceful youngsters trying to make displaced youngsters prefer not young IDPs are commonly only a decent living. For some time now, to return to their parental homes partially assisted in terms of food the dominant tendency has been to or agricultural backgrounds once and accommodation, and hardly at depict urban youth in Africa as a security permits it but favour a all in terms of school fees, medical ticking time-bomb but perhaps at future life in the city in, for example, care or clothing. It might be useful to least part of the problem lies in the commerce and services (about reassess the term ‘host family’, as it perpetuation of the vision of African 40%), teaching and other forms insufficiently captures the dispersed urban youth as ‘alienated outcasts’4 of intellectual work (17%), artisan nature of Congolese households and their lack of social resilience. occupations (10%) or administrative and the ways in which IDPs secure jobs (10%). Their mentions of the food and accommodation. A more Rather than taking for granted the city’s favourable social and economic frequent pattern among displaced economic rationale of household environment and potential access youngsters is in fact that of a circular coping mechanisms and modes to work and resources suggest migration between their original of survival, future studies should a fundamental shift in identity (rural) home and their new urban take seriously the inherently among these young people, who home, in which the latter remains political nature of (informal) now consider themselves to be their main place of residence. economic markets and the daily urbanised and detached from their meaning that people attach to rural origins. In north-eastern A deeper look into the mechanisms notions of access to livelihoods, DRC, the combined consequences of Butembo’s cash-earning economy power(lessness) and vulnerability. of war, rural under-development suggests that youngsters’ access As the stories of Butembo’s displaced and social marginalisation have to a sustainable income cannot youngsters seem to suggest, such stimulated a growing urbanisation be reduced to a simple problem meanings continue to be fraught and adoption of ‘modern’ lifestyles of social capital, however, but is with imageries and ambitions by migrating youngsters – rather driven by an exploitative about a possible life outside reflecting a dominant trend on the labour market. Access to jobs and marginality but inside an often African continent as a whole.2 commerce in Butembo continues to closed and protectionist society. be manipulated by a closed circle A second observation can be made, of import-export traders, some of Timothy Raeymaekers (Timothy. with regard to these youngsters’ whom have a vested interest in [email protected]) is a access to a decent livelihood. regional conflict economies.3 A lecturer at the Department of Whereas the city theoretically local cartel (known locally as the Geography at the University of offers an endless array of jobs and ‘G8’) which consists of a number Zurich (http://www.geo.uzh.ch). opportunities, displaced youngsters of family-run businesses controls often find themselves on the margins the chain of imports and exports Thanks to my Congolese research of the urban labour market, which from small agricultural markets team (under the supervision of Dr Meni continues to be delimited by sharp up to the border with Uganda, Malikwisha), to my Masters students social divisions. A considerable where commodities arrive from (particularly Lennart Vandamme segment of displaced youth in Kenya and the Far East. The fact and Lies Sacré) and to the European Butembo is forced to secure a daily that most of these businesses are Commission and MICROCON. income through petty commerce organised on a family basis makes 1. The sample consisted of 348 self-settled youngsters and temporary jobs, or what the it very difficult for outsiders to (190 male and 158 female IDPs) divided more or less city’s inhabitants refer to as bikakala gain a job in this ‘second’ economy equally between the city of Butembo and its urban periphery (Bunyuka), aged 15-36 years (with the – ‘through offer and demand’. Such (the first one – administration and majority aged 18-26). daily labour can involve anything services – having collapsed years 2. See FMR 34 ‘Adapting to urban displacement’ from digging toilets to crushing ago under Mobutu). The immediate http://www.fmreview.org/urban-displacement/ 3. See Raeymaekers, T (2002) ‘Network War. An stones and carrying sand (usually result of this is that more regular Introduction to Congo’s Privatised War Economy’, done by men) to selling snacks, commercial jobs like book-, store- Novib, Den Haag: http://tinyurl.com/raeymaekers2002 and (2010) bananas and aracque (an alcoholic or shop-keeping are confined ‘Protection for Sale? War and the transformation of drink) on the side of the to a small circle of kin around regulation on the Congo-Ugandan border’, Development and Change, July (41/4) road (mostly women’s work) or to these ‘G8’ families. Immigrant http://tinyurl.com/raeymaekersDev2010 loading trucks or riding traditional youngsters frequently refer to 4. See Sommers, M (2003) ‘Youth, wars, and urban Africa: challenges, misunderstanding, and opportunities’ in wooden delivery bicycles (chukudu) this mechanism as ‘tribalism’. Ruble, B A et al, eds Youth explosion in developing world through Butembo’s dusty streets. cities: approaches to reducing poverty and conflict in an Implications urban age, Woodrow Wilson International Center for Rather than a luxury urban life Scholars, Washington DC, pp25-46 full of opportunities, therefore, Two conclusions could be pulled http://www.wilsoncenter.org/topics/pubs/ACF1AEF.pdf most displaced youngsters seem from this. On a practical level, to be trapped in a daily struggle programmes to support displaced DEMOCRATIC REPUBLIC OF CONGO 23 FMR 36 Evictions from DRC’s protected areas Kai Schmidt-Soltau

There is an increasing number of people who are being surrounding rainforest environment evicted from DRC’s ‘protected areas’ both by the government embodied significant risks not only to peace in the region (as the lands they and by international conservation organisations. were promised were already occupied) Conservation-induced economic people, however, benefitted little and to the livelihoods of the resettlers and physical displacement cannot from park income and were at no and the host populations but also to be treated as a minor issue since it stage involved in the management the environment as it seems inevitable affects the lives and livelihoods of as or regulation of the park. At the that the resettlers will clear the forests many as 17 million people in DRC – same time, significant numbers of at their new site to continue with nearly 25% of the total population. people were displaced from the ever their traditional livelihood patterns. The establishment of new protected increasing park area; their access to areas with a total area of 20 million traditional resources of livelihood Under the colonial administration, hectares and the enhanced protection in the park became more and more around 9,000 Mbuti had been allowed of DRC’s existing seven national parks prohibited and even in the buffer to remain on their forest lands inside and 57 other protected areas, which zone significantly restricted. The rural based on the also cover some 20 million hectares, people in turn became quite hostile bizarre notion that they were more inevitably have a significant impact and resisted – sometimes violently like animals than humans. After on the people who live in these – any extension or enhancement independence, most were forced areas or depend on the resources in of law enforcement. In the context to settle in the villages outside the these areas for their livelihoods. of state failure in the early 1990s, park. This enforced sedentarisation many of them returned to their old had disastrous effects on their Current standards define settlements in the National Park. livelihoods, culture and well-being. development-caused displacement as When the state failed, most of them the compulsory removal processes From 2003, the estimated 180,000 returned to the park but when the initiated when a project’s need for people inside the park became the park management was reorganised ‘right of way’ is deemed to override focus of a voluntary resettlement they were again forced to leave the the ‘right to stay’ of the inhabiting programme (known as ‘glissement forest and find places to settle. No populations. As a result, local volontaire’) organised by the Institut resettlement assistance or land was dwellers are forcibly evacuated, and Congolais pour la Conservation provided to them. Currently they lose their lands and/or their houses de la Nature (ICCN)2 and WWF. In have no legal access to land or to any are expropriated. Furthermore, 2004, more than 35,000 people were natural resources and as a result they in an economic and sociological ‘resettled’ from an area south-east are now landless farm labourers. sense, displacement occurs not only of Lake Edward. Officials admitted when taking land compels physical that this resettlement was carried out relocation but also when a particular at gun-point, that no resettlement “Our new masters … like the animals development or conservation assistance was provided and that more than humans and do not mind project creates restricted access to the livelihoods of the affected that people suffer as long as the cultivatable lands, fishing grounds people have not been rehabilitated. animals are happy”. Mbuti leader and forests, even if the traditional While the resettlement programme users are not physically relocated claimed to be voluntary and based but are administratively prohibited on prior and informed consultations, from using the natural resources. my discussions with the people With no involvement of the affected in and near the park conducted population in the decision-making This view had been echoed by in 2006 and 2007 documented the process and with no assurance of the World Bank which includes contrary; the people did not want internationally agreed safeguards “involuntary restriction of access to to leave the park and they tried to avoid impoverishment, it legally designated parks and protected to resist, even at gun-point. is hardly surprising that the areas” in its most recent resettlement authorities and the international policy alongside involuntary conservation organisations are displacement in respect of its effects “First Mobuto’s men looted the often perceived as yet another and how they should be mitigated.1 land, then Bemba’s gang, then the “warlord, that grabs as much land Sudanese, then the Lord’s Resistance as they can get”3 in the shadow of The Virunga National Park in eastern Army and now it is African Parks.” the overall conflicts in the region. DRC is the oldest national park Nun from Faradje near the Garamba in Africa, established in 1925 for National Park Kai Schmidt-Soltau (SchmidtSol@ research and conservation purposes. aol.com) is Director at Social After independence in 1960, revenue Science Solutions. creation through tourism (mainly The idea of pushing large groups 1. http://tinyurl.com/WB-OP4-12-Invol-Resettlement visiting the mountain gorillas) became of well-organised and heavily 2. http://www.iccn.cd an additional objective. The local armed agro-pastoralists out into the 3. Said to author by a traditional ruler in Beni 24 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Press-ganged children Axel Poullard

Addressing the fate of children who are recruited into armed are deeply anchored in custom and conflicts is not as simple as demanding their exclusion from tradition. The use of children by the Mayi Mayi groups is a case in point.3 those conflicts. 30,000: the number of children who recruitment into armed forces and The prevalence of recruitment have been enrolled, voluntarily or groups from 15 to 18 years of age. of children by the Mayi Mayi is by force, in the armed groups in ingrained in social and cultural the Democratic Republic of Congo. These two main instruments are attitudes towards children. Although it is one of the most joined by Convention No 182 (1999) Childhood within the communities shocking aspects, the issue of press- from the International Labour from which the majority of the ganged children (generally called Organization (ILO) concerning the recruited children come ends ‘child soldiers’) does not cover all prohibition of, and immediate action early. Boys are often initiated as of the problems encountered by to eliminate the worst forms of, child adults from the age of 16, the age at children in armed conflicts. They labour. This convention prohibits which they can marry and become may be abducted, killed, injured, the recruitment, whether forced or ‘warriors’. Girls are supposed to mutilated or uprooted from their voluntary, of children in an armed marry as soon as they reach puberty, original community. They may be conflict. The International Criminal generally around the age of 14. orphaned, separated from their Court Statute (1998) defines as a war parents, subjected to violence crime the act of enrolling children Defending the interests of the or sexual abuse or deprived of aged under 15 or using them in the community is a duty for all, including education and healthcare. course of hostilities, and raising the children. Children’s responsibilities age to 18 has now been added to the towards their families and The rehabilitation of these children agenda for the revision of the Statute. communities are further reinforced is essential if we are to avoid their by poverty; the majority of children remobilisation in future conflicts. The UN Security Council has recruited by Mayi Mayi groups However, previous experience in adopted a series of resolutions on have a poor level of education and DRC has demonstrated limitations this theme since 1999, including the increasing rarity of traditional in addressing these challenges resolution 1612 (2005) which means of subsistence leaves them especially as demobilisation and established a working group to with few job opportunities. With few reintegration have been prioritised examine and monitor the situation prospects, their association with the over rehabilitation. This, however, in countries said to be at risk. This Mayi Mayi is not just a duty which is the most delicate phase of the group produces recommendations for enables them to improve their status return to civilian life and requires the attention of the governments or within the community but also an support for three key aspects: rebel groups in these countries, with escape from poverty and hunger. family reunification, psychosocial the aim of preventing the recruitment support, and educational and of children, securing their freedom On a cultural level, many myths economic opportunity. and demobilisation, and facilitating surround the Mayi Mayi, particularly their rehabilitation into society. a belief in magical protective In international law powers possessed by their members While the rehabilitation of the However, the gulf between the after performing rituals such as child victims of armed conflicts is international consensus which tattooing or taking hallucinogenic a humanitarian priority, ensuring seeks to protect the rights of potions. This belief in magic has the application of the international children and the current state of the very specific implications when it standards and rules to protect the application of existing texts remains comes to the recruitment and use rights of children is also a way significant. To remedy this, the of children who, being young, are of improving the fate of these Paris Principles and Commitments viewed as ‘pure’. Boys and girls are children. There is no need to add to were adopted in 20072 to provide specifically targeted for recruitment current international instruments; guidelines on the disarmament, as mascots and healers, suitable for we simply need to seek to apply demobilisation and reintegration the preparation and administration the standards that already exist. of all categories of children of potions which are supposed to associated with armed groups grant invulnerability in battle. The most pertinent international instrument for the protection of Underlying causes: the More serious is the Mayi Mayi the rights of children remains case of the Mayi Mayi conviction that children have the international Convention The heart of the problem is to special protective powers. Mayi on the Rights of the Child.1 The know how to convert the rules Mayi tradition dictates that they Convention includes an Optional and standards into practice, taking should be the first to be sent into Protocol which entered into force into account local realities. In battle to intimidate the enemy by in 2002 and which raises the age for many regions in the east of DRC, crying and shouting, or by invoking recruitment and use of child soldiers their protective powers, which DEMOCRATIC REPUBLIC OF CONGO 25 FMR 36

of course exposes them to grave To reiterate, the standards produced the commitments made at an danger. Attempts to put an end to on an international level are broadly international level into action. these sociocultural practices have sufficient to allow an end to the most often proved to be ineffective recruitment and use of children. As for the communities, it is vital because they seek first and foremost The same is true of the instruments that they return to normal living to release the children from the intended to apply them. The and security conditions and find Mayi Mayi groups rather than going difficulty lies instead in reconciling their way out of this crisis by to the root of the problem. The the different points of view on means of economic recovery which environment which perpetuates the practices which are illegal for some will reverse the cycle of violence. recruitment of children by the Mayi and legitimate for others. If we are Local groups need to understand Mayi is characterised by chronic to condemn the recruitment and the need to put an end to these insecurity where the need for use of children by armed forces and practices although they find a community self-defence is considered groups – a condemnation which justification in the very defence of to justify the continued existence must be without appeal – we must the community. More than ever, it of local militias. The idea persists also understand the motivations is necessary to restore the capacity that these militias are embedded and causes behind this recruitment of the state to guarantee peace and in the communities, benefitting and use of children. One of the security across its entire territory from their support and protecting many points of entry to resolve – and for the state to implement them from ‘foreign’ threats. this is to take into account the an approach which reconciles complexity of the armed conflicts local needs and international Challenges to be faced in DRC and to admit that there imperatives while defining a The recruitment and military use is not one but several solutions framework intended to protect the of children in the hostilities in DRC to be adapted and combined general environment for children. is prohibited by a raft of national depending on the situation. laws which are relatively complete Axel Poullard (axel_poullard@yahoo. in comparison with many other The conflicts in DRC operate fr) is Regional Cooperation Attaché – countries.4 These laws would provide at different interlinked levels – Children in Armed Conflicts, Embassy a strong basis for the protection of international, regional, national of in DRC. children against their participation and/or local. The causes of the 1. http://www2.ohchr.org/english/law/crc.htm in armed conflict but, even with a recruitment and use of children 2. http://www.un.org/children/conflict/english/ global legal framework in place, the vary on each of these levels and parisprinciples.html institutional capacity and public will the means to reach solutions differ 3. The term Mayi Mayi (also known as Mai Mai) refers to local militia groups organised on an ethnic basis. In for its application are still too weak. according to the level. Maintaining 2009, 22 groups were counted as Mayi Mayi, with an international pressure is essential estimated 8-12,000 fighters. Part of the challenge lies in the fact in order to continue to draw 4. All forms of child exploitation are prohibited within the framework of the Congolese constitution, that many traditional approaches attention to a practice that cannot and ‘youth armies’ are banned. The Child Protection are not suited to dealing with armed be tolerated. The adoption by the Act of January 2009 significantly strengthened legal protection for children, prohibiting and criminalising groups of this type. Denunciation Congolese authorities of an action the recruitment and use of children in armed forces and humiliation at an international plan designed to put an end to the or groups. DRC is also a State Party to international treaties on human rights, especially the Convention level, for instance, have little recruitment and use of children on the Rights of the Child and its Optional Protocol, impact on groups whose main by armed forces and groups is Convention No 182 from the ILO, the CPI Statute, etc. See also the report of the Coalition to Stop the Use of territory is the local communities also necessary in order to translate Child Soldiers on DRC at from which they operate. http://tinyurl.com/Child-Soldiers-DRC

At lunchtime we heard gunshots Josephine, 18 years old, was interviewed in September 2010 was now a LRA fighter. I was finally able to escape one day in Niangara Territory, Oriental Province, by Oxfam staff. when I was sent out to look for food. When the LRA fighters who were accompanying us fell asleep, I and another girl ran “At lunchtime we heard gunshots. We left the house as away. We walked 40 kilometres and finally arrived to safety quickly as possible. It was too late. A group of about 80 LRA in a village in Sudan. Patrick escaped two months after me. men arrived and encircled us. They tied us up and then shot and killed my grandfather right in front of me. They took I don’t know if I have HIV because me and my three brothers into the bush, leaving behind there is no HIV testing clinic in my mother and grandmother. After an hour of walking they Niangara. We now live as separated us and I was left with my 14-year-old brother displaced people in a town Patrick. My two other brothers were never seen again. where there are some UN peacekeepers so we feel safer I was held by the LRA for eight months. We were always on the but at our village there is no move. I was forced to carry heavy loads, find food, and cook. one to protect us. Until the Girls like me, some as young as 12, were forced to become UN comes to our area, it is too the ‘wives’ of the LRA men. I was assigned to a boy who was dangerous for us to access our actually Congolese like me and had also been kidnapped but fields and so we go hungry.” 26 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Too big to fail Ross Mountain

The UN integrated mission in DRC and the piloting of humanitarian comprehensive cluster network, reform there have been necessarily innovative in a challenging regional groupings of humanitarian actors (Comités provinciaux inter- context. agences, CPIAs), the Humanitarian In the UN General Assembly’s the international community has Action Plan (HAP) – the country- review of progress towards the been least effective. Apart from wide, inter-organisational plan Millennium Development Goals the difficulties internal to DRC, setting out strategic humanitarian (MDGs), DRC’s MDG indicators international actors bring their own priorities and objectives and an are among the worst in the world impediments to progress along outline of the specific programme – and not only in the east of the with their uncoordinated visions activities in each province that country where the world is aware for how it should be, their own need to flow from these – and the of the conflicts and humanitarian structures and equipment, and so Pooled Fund (PF), on the basis that crisis but in the west too. It is on. Nevertheless, recognition that promoting synergies is the best well known that DRC has all the physical protection of civilians is way to have impact. The PF was makings of providing an economic a military goal has led to the use established in 2006 in order, among motor for Africa but the brakes on of UN military forces to protect other reasons, to focus humanitarian its progress are, most importantly, the civilian population. Innovative aid on evolving priority needs, to governance and state authority, structures have been set up, such as improve the predictability of funding security, and infrastructure, all joint protection teams, humanitarian/ and to allow key gaps, often arising of which are chronically weak. UN military contingency planning from extensive earmarking both by and mobile operational bases, sector and region, to be addressed. From the perspective of the which enable humanitarians to ask It allows donors to contribute their international community, there is for the dispatch of UN soldiers to funds for flexible application to the a disappointing lack of political ward off attacks by militias, and response strategy laid out in the HAP. leadership and vision. Yet, for the national military, and around progress to be made the engagement which IDPs routinely cluster. The HAP was designed as a of local and national authorities in comprehensive plan in full reconstruction and development Recent incidents (in mid-2010) where collaboration with UN agencies, is essential and the International the international military forces have international and national NGOs, Security and Stabilization Support been criticised for not preventing or donors, Congolese government Strategy (ISSSS)1 initiated by the UN, responding to mass rapes in North officials and local authorities. An which is now a core ingredient of the Kivu show how hard it is to be in important innovation was obtaining government´s STAREC initiative, is the right place at the right time. donors’ agreement to allocate an important part of this process. The distances are huge, the roads funds to objective parameters of terrible, and the will to succeed humanitarian need for cluster Security, stabilisation and cannot overcome these obstacles activities by region. This has reconstruction are goals embraced all the time. DRC has 20,000 UN meant elimination of the time- by humanitarians. Thus measures peacekeepers for a landmass of consuming – and often fractious for transition should be promoted 3.4 million km2 versus more than and ultimately irrelevant – exercises beyond immediate humanitarian 40,000 NATO troops sent to Kosovo, of designing and agreeing specific response. This has nowhere been a territory of only 10,000 km2. projects by partners months in easy to manage, and in some advance of funding availability. countries the instrumentalisation The UN chose DRC as a pilot for the of humanitarian action for military humanitarian reform programme. Objectives and activities within or political ends has been the result. That MONUC was an integrated the HAP are defined at the level of The UN Security Council has come to mission, bringing together military the cluster, and then selected – in recognise that the overriding priority and civil aspects, has posed issues the regions, not just centrally – by for the UN mission in DRC (MONUC, for the Humanitarian Coordinator the province-level CPIAs before now MONUSCO) is the protection but also facilitated logistics and submission to an Advisory Board, of civilians. It could therefore made innovative activities for the chaired by the Humanitarian be said that the humanitarian protection of civilians possible. Coordinator, of agencies representing community has been able to Clusters and key donor and NGO leverage the support of UN military On the coordination side, given representatives. After this comes a and political actors to that end. the scale of the problems faced by process of vetting the viability of what DRC and its people and the range of is proposed as part of the system of Arguably progress in security sector international actors at work there, it quality assurance for programmes. In reform – the army, the police, the was necessary to create or adapt the practical terms this still means that judiciary – is the major need of DRC. tools that would have the potential it takes less than three months from Yet this is where the least tangible to bring order to the humanitarian the first call for proposals until the progress has been made and where response. Among these were a funding is made available, a time- DEMOCRATIC REPUBLIC OF CONGO 27 FMR 36

scale that compares very favourably in specific terms. The of Looking at DRC and the parlous with that of bilateral donors. humanitarian actions still generally state it is in, we cannot claim that remains inputs rather than impact. our goals have been achieved. But So the HAP is designed around both Encouragingly, donor commitment there has been progress in putting effectiveness – in terms of defining to DRC has grown, despite the in place a number of innovative global humanitarian objectives – intractable nature of its problems responsive mechanisms that have and efficiency, and the PF is one and despite it not being at the improved the impact of international of the vehicles through which it is current centre of geopolitics. Overall action, reduced the suffering of operationalised. Although there donor funding has grown over the Congolese population and is a general tendency to think the past years from some $120m established a basis for stability that everything should be funded in 2004 to over $650m in 2009. in the most seriously affected through the PF, in fact only about areas of the country. While all a quarter of the total humanitarian The 2009 elections provoked contexts are different, lessons can funding for DRC passes through considerable international interest be drawn for other situations of the PF. Nevertheless it plays a which permitted the UN to promote complex humanitarian demand. leading role in the process, and innovative measures to transition in particular has set up standing from the largely humanitarian Ross Mountain is Director General arrangements with OCHA and focus to addressing the broader of DARA (www.daraint.org). He UNICEF for a front-loaded rapid issues of governance, justice and was previously Deputy Special response funding mechanism (the security that will potentially allow Representative of the UN Secretary Rapid Response Reserve, RRR). Thus DRC to provide a better life for its General and Humanitarian Coordinator when a population displacement people. The ISSSS, conceived as in DRC from 2004-09. He can be occurs, supplies that can be distinct from the humanitarian contacted through [email protected]. rapidly allocated are available. operation, brought together 1. The ISSSS has five priorities: improving security, military, political and development supporting political dialogue, strengthening the state, Yet in DRC, as in every other actors of the UN and international supporting reintegration, recovery and reconciliation, and preventing/responding to sexual violence. humanitarian operation, it has been community with local and national exceptionally hard to define or government authorities in the measure the impact of our actions conflict-ridden east of the country. DRC: a donor perspective Seb Fouquet

Donor engagement in DRC is more important than ever – architecture, we can also no longer but donors need to reassess their strategies. hide from the challenges it presents. In DRC, progress has been and is Along with being one of Africa’s fuel for new tools such as a common being made in the interest of better long-standing chronic crises, Pooled Fund,1 Cluster coordination, service delivery for beneficiaries; the Democratic Republic of a Humanitarian Action Plan and coordination platforms are paving Congo is also the world’s largest a strengthened Humanitarian the way for an open and productive humanitarian response laboratory. Coordinator role to be introduced. dialogue to emerge among donors, The humanitarian reform agenda, UN agencies and NGOs. Spurred launched in 2005 and piloted in DRC, Perhaps one of the key early on by the pressures of the current set out to overhaul the provision outcomes, in large part attributable financial crisis, it is accepted that of relief, by making humanitarian to the Pooled Fund, is to have laid a greater focus on tangible results aid more accountable, predictable, bare some of the frailties inherent in and value for money is necessary better led, better coordinated and the humanitarian response system. and overdue. Technological more responsive to identified needs. Few of the systemic failures are new. progress – faster and better access Since 2005, implementing these Today’s humanitarian collective is to information – is helping to re- reforms in DRC has provided a undermined by indecision, a lack shape the way we manage our unique opportunity to gain insight of collective vision, and UN-NGO business. Despite this, progress is into what works, what does not rivalry. It does not lend itself well to slow. Deep-rooted vested interests and where challenges remain. collaborative effort or accountability remain and therefore resistance (either to donors or beneficiaries) to change is still present. From 2005 to 2010, US$2.5bn in or the ability to measure impact or humanitarian aid (including value for money. Were we to reinvent So what needs to happen? over $400 million so far in 2010) the humanitarian system today Better needs assessment and has been provided by donors to it is doubtful that it would look response analysis: Easily said, humanitarian response in DRC. The anything like the system we have. harder to achieve – but progress sizeable increase in flow of financial is possible. Currently, the DRC resources (trebling from 2002 to Although we cannot reinvent the Humanitarian Action Plan (HAP)2 2006) has provided the necessary entire humanitarian response presents an overview of needs and 28 DEMOCRATIC REPUBLIC OF CONGO FMR 36

proposed response. The UN in DRC Accountability, results and 36 member states (including the has led the way to make the HAP impact: The increased funding European Union) have signed up more strategic – less of a shopping available in recent years has to. A success in itself, some may basket of projects and more a not been matched by a sense of argue, but perhaps the time has collation of needs and priorities collective accountability – either come for donors to revisit the GHD based on agreed indicators and to donors or to beneficiaries. It principles. In DRC the GHD group thresholds. This process needs is a stark reality that it is not aims to stimulate discussion around to continue and improve. More possible to ascertain with any policy and strategy and promote a collaborative agreement is required degree of certainty what $2.5bn more coordinated donor approach. to set thresholds and develop the of relief aid has provided in DRC. Perhaps GHD should now focus on most relevant indicators. This will The annual HAP cannot say how agreeing an accountability pact with also help tackle a critical deficit in many people are being targeted. UN agencies and NGOs to deliver the system: the lack of a cohesive There is no collective review of more and better for beneficiaries. opinion of what humanitarian the actions undertaken in a given assistance includes and where the year, and no serious monitoring Donor capacity and engagement limits of assistance are. Greater and evaluation (M&E) process. This at country level are limited to a clarity is required of what Early should no longer be acceptable. few large donors, and even this Recovery in a humanitarian presence may be under threat as context covers, who is responsible The Pooled Fund has led the way administrative costs for donor and how it should be financed. in designing and developing an agencies come under increasing This will also help donors in M&E system that captures results pressure. But the role of donors the allocation of resources. in a more cohesive manner than in influencing and providing ever before. The results framework technical input to in-country Cluster coordination and and reporting requirements are reform processes is critical in leadership: An agreement is (quite rightly) applied equally to driving systemic improvements. being reached in DRC to rewrite all implementing agencies (UN More humanitarian expertise and and redefine the role of Clusters. and NGOs). Even though the engagement by donors will be Donors are willing to support this Pooled Fund only accounts for required for progress to continue. process but have clearly stated some 20% of the contributions that future funding support will to the HAP, this is no small Now is certainly not the time for depend on seeing results, and that achievement, and proves that donors to throw their hands in the there must be a clear demonstration collective reporting on results is air in despair. It is time to continue of will from Cluster lead agencies possible. Technology exists to better and reinforce our engagement to to allocate resources and place capture information on results; make the changes and progress that coordination responsibilities at the what is required is political will are necessary for the many millions core of their business. Agencies on behalf of the UN agencies and in Congo who rely on humanitarian must safeguard against internal NGOs to participate collaboratively aid. I am constantly impressed by conflict between fundraising and in a collective effort. The UNICEF- the commitment and dedication of programme delivery needs. We sponsored ‘Activity Info’ database4 the large number of relief workers need clearer sector strategies, better provides an operational platform in DRC who constantly strive to indicators, more collaborative which could be used by more make relief aid better. The DRC monitoring and evaluation, better partners to input data and thus example proves that with time, assessment of partner capacities help to link results to impact. effort and energy, important strides and an integrated process of can be made. Improvements and learning and innovation. We have Donors are agreed in DRC that innovation can and will occur. seen that with motivated and collective reporting is a good thing, dedicated professional staff this regardless of where the funds Seb Fouquet (s-fouquet@dfid. is possible. Strong and effective come from. Getting an overview gov.uk) is DRC Humanitarian Clusters will convince donors that of what has been achieved is the Adviser with the UK Department the best use is being made of funds. starting point to determine what for International Development works and what does not and what (http://www.dfid.gov.uk). With regard to leadership, much will be needed in the future. Are of what has been achieved in beneficiaries receiving the aid they The opinions expressed in this article DRC can be attributed to a strong need – or only what agencies think reflect the views of the author and Humanitarian Coordinator. they need? The move towards cash not necessarily those of DFID. Reviews3 have demonstrated that transfers and vouchers is a good 1. Supported by Belgium, Canada, Denmark, Ireland, other countries have perhaps example of a drive for innovation Luxembourg, the Netherlands, Norway, Spain, Sweden not been as fortunate. The and proof that the humanitarian and the UK. In 2009, nine donors contributed a total of $101mn. selection – and training – of system can adapt and change. 2. http://tinyurl.com/DRC-HAP2010 Humanitarian Coordinators 3. Synthesis Report – Review of the engagement of with substantial humanitarian Good Humanitarian Donorship NGOs with the Humanitarian reform Process. October 2009 http://www.icva.ch/doc00003933.pdf experience and leadership skills So what about the donors? The 4. Online system for tracking the results and activities is essential for progress and Good Humanitarian Donorship of partner organisations. innovation, and is critical to the (GHD) initiative5 has since 2003 5. http://www.goodhumanitariandonorship.org/ quality of response in DRC. established 23 principles which DEMOCRATIC REPUBLIC OF CONGO 29 FMR 36 Planning for the future of North Kivu François Tuyihimbaze Rucogoza

While North Kivu is still mired in the troubles of yesterday and elaborated; the different key actors today, the Administration is actively planning for the creation of a have been identified and brought on board; UNDP has agreed to support better future. the plan financially and technically; Ten years of political turbulence still prey to the ‘inciviques’ such and the plan has been drafted for and insecurity have left North as the Democratic Forces for the consultation and improvement by Kivu with its people having been Liberation of Rwanda (FDLR) and participants in local workshops. internally displaced or as refugees in the Ugandan rebel Allied Democratic It includes a detailed matrix of neighbouring Rwanda and Uganda. Forces – National Liberation Army programmes and projects, outputs, of Uganda (ADF / NALU). And more indicators, estimated costs and Yet there is a vision for the resources are needed for a variety allocations of responsibilities. development of the Province and of purposes – adequate assistance a plan to achieve it. The vision is to returnees; missions to promote A budget has been developed – consonant with the Millenium voluntary return of refugees; and estimated at US$113,527,515 – and Development Goals and the Plan with identification and counting of resources for its implementation the national Document of Strategies refugees in Rwanda and Uganda. will come from three sources: and of Growth for the Reduction provincial taxes, duties and of Poverty in DRC (Document de The Provincial Priority Action investments; an allocation from stratégies et de croissance pour la Plan (Plan d’Actions Prioritaires the national exchequer; and réduction de la pauvreté en RDC – PAP) takes these realities into through an appeal for international (DSCRP)), and it is all in the context account but has been built up solidarity in a global partnership of the Stabilisation Programme through a series of stages, including for sustainable development. for Eastern DRC (STAREC). wide local consultation, into a detailed and developed plan. Finally there is an element of Despite the difficulties, we come participatory monitoring and to this point with some successes It takes as its framework the evaluation, with six-monthly and achievements to build on. five ‘pillars’ of the national and annual reviews, involving There have been agreements DSCRP, namely all stakeholders, that is, local between the Provincial Government and provincial administration, and humanitarian partners; the ■■Good governance, peace and civil society, donors and Provincial Government has laid security development partners. out a global plan for the return of refugees and IDPs and has been ■■Macro-economic stability Joint FARDC/MONUSCO military to the places of potential return to and growth operations are securing more raise awareness about those returns; and more territory that has been central government has carried ■■Improved access to social services occupied by ‘inciviques’ and thus out joint military operations with and reduction of vulnerability areas of return are expanding. MONUC/MONUSCO to create The government’s commitment security in the areas of return. ■■Fighting HIV/AIDS to returns is assured by the two Tripartite Agreements between Several of the sites where people have ■■Strengthening of communities DRC, UNHCR and, on the one hand, been displaced have been emptied Rwanda and, on the other, Uganda. following security for return to those and in each case develops them areas – more than 150,000 people for the context of the Province and Soon refugees and IDPs will be have gone home from around Goma assigns responsibilities within able to return home and the social town since September 2009 and as of the Provincial Government. For reintegration envisaged in the PAP October 2010 scarcely 75,715 people example, ‘Good governance, peace and the North-Kivu Development remain displaced in North Kivu, and security’ is framed as creating Plan (Plan de Développement de mostly around Masisi and Rutshuru. security and peaceful co-existence la Province du Nord-Kivu) (2011- Our humanitarian partners have and ‘Fighting HIV /AIDS’ has 2015) will be able to take place. This accompanied the returnees with been extended to also include is our plan and this is our hope. assistance in food and non-food combatting sexual violence. items, and seeds to enable them to François Tuyihimbaze Rucogoza resume their lives in the villages. Much has already been done to is North Kivu Provincial Minister prepare for the implementation of of Administration, Justice, Human However, obstacles still remain. the PAP. Terms of Reference and Rights and Community Reinsertion. Some of the areas of return are a timetable for the plan have been 30 DEMOCRATIC REPUBLIC OF CONGO FMR 36

Lives at risk Annuarite Tagenge, aged 17, is still searching for the surviving members of her family, having spent almost a year walking through the forest to find them. She and her family fled the territory of Dungu in the northeast in December 2008, after attacks by Ugandan Lord’s Resistance Army (LRA) rebels and a subsequent joint Congolese and Ugandan government army offensive to oust the rebels. Tagenge, who was then 16, was wounded and admitted to hospital in Dungu for surgery; along with thousands of civilians, she later fled the hospital for the bush.

“When the fighting started, we fled through the forest, [with] my whole family… and we fell into the hands of the LRA rebels. They killed my father and mother. Four of us survived; my brother, my two sisters and I. We then continued into the bush but the LRA fighting and attacks continued, forcing me to be separated from my brother and sisters. I was all alone.

As I tried to find my family, people advised me to look for them [towards] Bunia [about 700km south]. I then headed towards Bunia with three other girls. Unfortunately, we were often ambushed by the LRA in the forest. Along the way, we sucked on sugar cane that FARDC [Congolese army] soldiers gave us out of pity; we had no money for food, our clothes were torn, we were almost naked. I am wiped out from the journey, my feet are swollen, I suffered a lot because of the wound from the operation and [was sick] in my lower abdomen and back, but there was no medicine. On arrival in Bunia, my three friends found their families — but not me. A woman took me into her house, just after we arrived here, but three days later her husband chased me away.

Even if I do not find my family, I want to live, to continue my studies and to become somebody... What have I done to deserve all this suffering?”

For more information, visit IRIN IRIN/Richard Pituwa IRIN/Richard http://www.irinnews.org/Report.aspx?ReportID=87774

Fitina Yallala “My husband is dead. I am here with my three grandchildren, aged ten, eight and seven, who live with me. I used to have ten grandchildren, but the others all got sick and died.

Look at what I am living in, look at my home now: it is awful. The four of us have to live in here. I am not strong enough to go and collect water and gather food, so my grandchildren have to do it for me, for us.

I hope that in the future we will be able to get the food and the water we need, and shelter from the rain. Most of all, Oxfam/Pierre Peron Oxfam/Pierre I want peace.” DEMOCRATIC REPUBLIC OF CONGO 31 FMR 36

Kuba Augustin “I have been here for three months now. I am here with my family: there are 12 of us. My youngest child is five and the eldest is 15. This is not the first time that we have

Oxfam/Pierre Peron Oxfam/Pierre been displaced. Most people in my community have had to move many times. I have had to move several times this year and last year. This situation is not new to us.

All our belongings – our mattresses, our means to get food – are at home. The government now needs to provide us with the things we lack. I am at a loss. I have children to protect and to look after, and I have nothing. Our lives are at risk. My children need an education; they cannot to go to school in this situation. Where are they to go? Where are we to go? We need peace before we can go home.”

Claude,* 21 years old, interviewed in September group that the LRA separated from the rest. They tied our 2010 in Niangara Territory, Oriental Province, DRC. arms together behind our backs and forced us to kneel down. “The LRA went from village to village, killing and They took hammers, machetes and heavy sticks and began kidnapping people as they went. They arrived at my killing people one by one. One of the LRA men took a heavy house at 6 o’clock in the morning and tied me up. They gourd and bashed me on the back of my head. I blacked out. ransacked the house, taking pots and pans, food, and other valuables. They then tied me to other boys and When I woke up, I was still tied up and had several young men in our village and we were forced to carry dead bodies piled on top of me. I spent four days drifting the goods they were stealing from us. I remember in and out of consciousness. When people arrived to asking myself who these men were and wondering what bury us, they discovered that I was still alive. They kind of person treats people like this, like animals. untied me and carried me to the nearest hospital, where I took six months to recover from my head wound. We walked 3 kilometres to the next village, where the LRA men did the same thing, kidnapping more than 100 people. Where we live there is no mobile phone network or This time though, they counted out 20 people, tied them up, community radio, so communication is difficult. That is why and killed them by hitting them on the back of the head. They the LRA were able to attack village after village. If we had told us to move on and we continued walking, still tied to had mobile phones, we could have been warned that they each other and carrying the heavy loot. Every few kilometres were coming and we would have fled before they arrived.” we would stop and they would count out another 20 people and walk them into the bush. After a while, I was among the *Not his real name Oxfam/Pierre Peron Oxfam/Pierre

Fitina, Kuba and Claude were interviewed by Oxfam field staff in DRC. 32 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Civil society and the displaced persons of Bandundu Pierre Sossou, Boanerges M’Paty and Fulgence Buzika

Local organisations in located in western for the various other civil society DRC are struggling to meet the needs of displaced persons organisations. In pursuing their own ambitions, the majority of these in the absence of government or international assistance. organisations are less inclined to Bandundu province, located adjacent persons in the province. National undertake concrete actions than to to Kinshasa and bordering Angola, authorities and the international spend their energy seeking financial has not suffered the same degree of community have dedicated most of or material aid from governments, conflict as provinces in eastern DRC; their attention to the east of DRC, to which they are supposed to act nevertheless, it has been a hotspot for and the lack of any large-scale as a counterweights. Torn between forced migration. Two factors have initiatives in the west is striking. pursuing their own aims and the triggered population movements It has been left to NGOs and local needs of the population, they have within Bandundu province: the solidarity organisations to try to rarely been able to work together. border situation with Angola provide assistance, as far as their during and in the aftermath of the resources allow. These include, Nevertheless some non-religious civil war there, and the insecurity among others, the , NGOs are also effective in helping surrounding diamond mining on the Church of Christ in Congo, the displaced persons. For example, the Angolan side of the border. Kimbanguist Church, the Church of there is significant support from the the Awakening in Congo, the Église provincial branch of the Collectif des Angola experienced a long and des Noirs en Afrique, mosques, Organisations des Jeunes Solidaires vicious rebellion in the 1980s, fought and various animist movements as du Congo-Kinshasa (COJESKI) by ’s UNITA. This well. These churches and religious which was involved in observation conflict led many Angolan officers movements organise money missions on the Angolan border and and citizens to cross the border to collections at their weekly services in alerting the authorities and the rest seek refuge with their Congolese to support an aid programme for of the world to the situation there. neighbours. UNITA’s subsequent displaced persons. The funds raised And displaced persons arriving in cross-border raids to pursue fugitive pay for goods such as foodstuffs, salt, the town of Tembo, for example, find officers created insecurity within , drinking water, cooking the Association Mamans LISALI Bandundu, one of the results of pots and other kitchen utensils, de Tembo which has raised money which was the eventual deportation clothes and cultivation tools. to pay for the transport costs of of all Angolans who had settled there. certain displaced families who The distribution of goods is done want to return to their homes. The other major factor behind alongside a wide range of other population movements in this actions – the creation of jobs and Recommendations area is the presence of diamonds. provision of healthcare and education The prolonged inaction of the Drawn by the precious stone, the – intended to help displaced persons authorities in Bandundu province has Congolese (Zairians at the time) to become self-sufficient and to fully led to the continual deterioration in often crossed the river Kwango into integrate into their new environment. day-to-day living conditions of the Angola to mine diamonds. But given These initiatives allow them access IDPs, and the forced displacement that the majority of their financing to the forest to gather wood, train there is the basis of the current came from diamond sales, UNITA them to build cooking stoves for sale border crisis between DRC and controlled all mining activities and and teach them how to construct Angola. There needs to be: demanded a special ‘expatriate fee’ latrines. When it comes to health, from non-Angolan mine operators. the traditional practitioners and ■■greater coordination and Those who did not or could not pay resources of the Église des Noirs synergy within civil society were stripped of their belongings guarantee free medical care to and summarily deported. displaced persons. A little cash is ■■recognition of the migration also made available to enable them, problem by the provincial Continuing insecurity on both if necessary, to access modern administrative authorities; sides of the border has triggered healthcare. The religious schools offer efforts in this direction were further displacement within free education to their children. made with a meeting between Bandundu and many of the displaced the Governor of Bandundu face enormous difficulties. Although churches and religious and his opposite number from movements in Bandundu are making Lunda-Norte in Angola in The involvement of civil society great efforts to transcend their 2007 but the initiative needs to Civil society in Bandundu is frail rivalries in working together for the be renewed to make concrete but tries to make a significant well-being of displaced persons, proposals for reconciliation contribution to the care of displaced this is not necessarily the case across the River Kwango DEMOCRATIC REPUBLIC OF CONGO 33 FMR 36

■■a firm commitment from the other NGOs taking interest Pierre Sossou ([email protected]) central governments in Kinshasa in the fate of the IDPs. is Electoral Regional Coordinator, and Luanda to find a solution not MINUSTAH-Port de Paix and formerly only to the local border dispute Coordinated action on a local, Civic Education Officer in the Electoral but above all to the challenges national and international level, Section, MONUC-Bandundu. posed by the presence of displaced including the active participation populations in the provinces of the populations concerned at all Boanerges M’Paty (peredouble2000@ stages, would provide an impetus to yahoo.fr) and Fulgence Buzika ■■a more vigorous reaction from the manage the migration crisis around ([email protected]) are international community with a the River Kwango and would allow respectively Coordinator and view to helping DRC and Angola adequate protection for displaced Accounts Secretary of the BRP- to resolve this thorny issue individuals and families. This shared Bandundu (Provincial Representation involvement is essential, not only to Bureau of the Independent ■■a clear support from the deal with the immediate needs of the Electoral Commission). international community to displaced persons but also to halt a reinforce the capacities of border conflict which is smouldering the religious movements and between Angola and DRC. Congolese women activists in DRC and Belgium Marie Godin and Mado Chideka

Congolese women are energetically engaged in peacebuilding, there while more left DRC in search both in DRC and abroad. Their voices – inspired by different of security and better opportunities. Nowadays, the number of asylum experiences and presenting different perspectives – deserve seekers from DRC is still quite high greater recognition. and the proportion of women is more or less equal to that of men. The Democratic Republic of the benefit of society and encouraged Congolese student migration remains Congo has one of the highest many women to mobilise. Four high with a great representation of numbers of women’s organisations of organisations in particular reflect women in comparison to citizens any country in Africa. The economic, Congolese women’s commitment of other African countries. political and social crises of recent to working to improve their living decades inspired the local population conditions: CAFCO (Cadre de As in DRC, female Congolese political to mobilise in order to substitute for concertation de la femme congolaise), mobilisation in Belgium appears to be the absence and faults of the state CONAFED (Comité national des highly dissociated from that of men. in certain sectors such as health, femmes pour le développement), Sexual violence against women in infrastructure and education. The Cause Commune RDC and Caucus DRC has been an important trigger higher education system in then- de Femmes (RDC-Bukavu). for activism by Congolese women; Zaire in the 1970s and early 1980s among several hundred Congolese produced highly skilled graduates Activism in Belgium organisations in Belgium, women’s with few employment prospects The contribution of the Congolese organisations have tended to be more who – seeking to utilise their skills diaspora to the peace process in active and more numerous than their and change Congolese society – DRC is increasingly recognised male counterparts. Among these often created local activist NGOs. by international institutions. DRC are AMUKA (“wake up” in Swahili) was a Belgian colony and many and AFEDE1 (Action des femmes Congolese women have become Congolese fleeing DRC chose to pour le développement), whose strongly mobilised. One striking come to Belgium. The first Congolese main mission is to support and to example is the creation of the citizens to come to Belgium – before raise awareness on women in DRC Congolese Women’s Caucus which the 1990s – were generally from the who are victims of sexual violence gathered together a group of women’s élite, intending to study and then and other forms of discrimination. representatives during the Inter- return to positions of power in their FIREFEC2 (Forum interrégional Congolese Dialogue in 2002 in order country of origin. Within this flow, des femmes congolaises) is another to draw up an official declaration and women either came as students energetic organisation, composed create a plan of action that would themselves or as members of families of women who come from all over contribute to implementing UN of students. Most of them were DRC and supporting a similarly Security Council Resolution 1325. educated and many of them set up wide range of women in DRC to Their work contributed to raising organisations in Belgium. With the improve their social, economic and awareness of the major role that worsening economic and political political condition. Last but not least, Congolese women could play for the conditions in DRC, few returned CPPS – Caravane pour la paix et la 34 DEMOCRATIC REPUBLIC OF CONGO FMR 36

knowledge and understanding of their real intentions.

17 October 2010: Varied identities Congolese women living in Belgium Similarly, the female component at the closing of the Congolese diaspora is not a action of the Third homogeneous community. Women International Action of the activists will have left DRC for World March varying reasons and they do not of Women held all originate from conflict zones. in Bukavu, South Kivu Those who experienced traumatic experiences of violence may have a perception of the conflict which Mado Chideka differs from that of women who have not had a similar experience. Some solidarité – mainly focuses on the visits between the two countries, may not wish to risk their right to integration of Congolese women from new transnational ties are being reside in Belgium by getting involved the diaspora into Belgian society made, and new local structures until they receive confirmation of and the building of transnational are being built that are designed permanent residence. Varying and social ties with women in DRC. Some to be supported from abroad. sometimes conflicting perspectives initiatives are more individualistic, on how to participate in the peace such as the photographic project Difficulties encountered and development processes of ‘Stand up, my mother!’ funded by the diaspora their country of origin may be by the NGO Impact Sud. Congolese women in Belgium particularly evident in tensions encounter varying obstacles in between first- and second-generation A number of Congolese women are their efforts to build transnational female migrants. And lastly, to gain closely involved in the World March civic links and contribute to the legitimacy in the Belgian context of Women.3 The closing activity of peace process in DRC. They have as well as in the Congolese one, the Third International Action of the to liaise with women in the field women must know how to deal World March of Women took place who are already organised but who with a set of multiple identities (as in Bukavu (South Kivu) in DRC, may have different perceptions Belgians of Congolese origin in on 13-17 October 2010. In total, 42 of peace and conflict, of the role Belgium versus Congolese of Belgian national delegations from around of women in Congolese society, origin in the DRC, and as women). the world attended the march which of what actions are needed in brought together almost 20,000 response to sexual violence, and The work of local Congolese women people. Congolese women based so on. Moreover, women in DRC and of those who live abroad is in Belgium travelled to Bukavu as do not always understand why underestimated and their potential part of the national delegation of the Congolese women abroad decide to often overlooked. Women’s voices World March and others attended as become activists. Many say that if are not as audible as they should individuals (supported logistically by they themselves had the chance to be. Yet, in the shadow, women CPPS), making them one of the most migrate they would prefer to start a in DRC and in countries such as numerous international delegations. completely new life, far from what Belgium are actively engaged in is happening in eastern DRC. building partnerships to promote Women gather in these groups, and support peacebuilding in DRC. whether formal or informal, as Other women regard the diaspora they share either a residential as competitors. There are many Marie Godin (godinmarie@ affinity (province of origin) and/or international organisations and googlemail.com) is a graduate of an elective affinity, based in this NGOs looking to hire staff; local the Refugee Studies Centre’s MSc case on their concern for women women feel that women from the in Forced Migration. She is currently victims of sexual violence in DRC. diaspora may be more likely to be a researcher at GERME (Group of Those criteria are not mutually hired than local women or that they Study on Ethnicity, Racism, Migration exclusive and are often intertwined. may even attract financial resources and Exclusion http://www.ulb.ac.be/ Other actions result from personal to their diasporic organisations socio/germe/) at the Université Libre initiatives and take place through that local women might have de Bruxelles and a PhD Student at social networks between Belgium otherwise secured. Last but not least, the University of East . Mado and DRC. Congolese women in a classical vision seems to persist Chideka ([email protected]) is DRC mobilise some of the resources of what international solidarity the coordinator for the Women and they used to have in their country means. Foreign aid and support Development programme of Impact- of origin in order to be able to act were provided by ‘white nations’ Sud (http://www.impactsud.org). locally, and some groups of women, for several decades and therefore 1. http://www.afede.net/ or even women on their own, support new actors such as women from 2. http://couleuraurore.skynetblogs.be/post/6845122/ a number of actions undertaken by the diaspora are perceived as firefec local groups. They may have been ‘little aliens’ (petits ovnis). There 3. http://www.mmf2010.info/our-action/action-a- members of these organisations is some mistrust of the diaspora, bukavu?set_language=en before they left DRC. With occasional arising perhaps from a lack of DEMOCRATIC REPUBLIC OF CONGO 35 FMR 36 Civil society and peace processes in Kivu Arnila Santoso Misunderstanding of the nature of civil society in the Kivus and Western counterpart. However, in exclusion of grassroots representatives are implicated in the failure reality they only included members of some parts of civil society – parts of the peace processes in DRC. which were largely disconnected from local populations and which Recent research into the role of simply the puppets of political élites instead represented the interests civil society in DRC suggests or international organisations. of political élites at the head of that international organisations patronage networks or international involved in the Congolese peace This is evident in the Congolese case actors. Grassroots civil society process have tended to assume where more recent forms of the peace members were marginalised and that civil society in the Kivus process tried to create mechanisms for had little access to the peace process mirrors its Western counterpart, inclusion of civil society. Before 2008 even though they were the most in which ‘civil society’ represents the peace process focused primarily important stakeholders in the process. the needs of the people to the state on brokering agreements with militia and keeps the state accountable leaders and senior political leaders. I interviewed representatives of to the people. Civil society in the The Goma Agreement in 2008 was the groups who were present at the Kivus, however, developed quite first to include civil society leaders, peace talks as well as some who had differently, with today’s distinctive and to directly request their input. been excluded from the talks. The social and bureaucratic structures Hundreds of civil society leaders interviewees represented a range having been shaped by the colonial attended a conference to present their of groups. Some belonged to the administration of earlier years. concerns for consideration at the official ‘Civil Society’ bureaucratic table. There was a failure, however, network while others were not One tier of these structures, carrying to include grassroots civil society part of this ‘official’ network but the official title ‘Civil Society’, groups; the peace process catered were leaders of NGOs either run by comprises a network of national, primarily to the élites in the country international organisations based regional and provincial entities and had little effect on realities in Europe or local to the area. which are little more than one of on the ground. Peace processes many branches of patron-client need to occur both from the top The interview questions focused networks throughout the country. down and from the bottom up. firstly on the structure of civil society With the influx of international and secondly on understanding the aid and humanitarian intervention Grassroots leaders tend to use degree of participation that each throughout the conflict, a second bottom-up approaches to resolve specific representative discerned tier developed: local NGOs and conflict at the local level – and in his or her group had in the process. associations which are in practice implementing pragmatic responses Descriptions of ‘un-civil’ groups run by international actors and to the enormous physical and within civil society in the wider which at times do not necessarily psychological trauma that war has literature shared similarities with take into account the needs of the produced. However, they had no what I found in DRC but the strongest local population. However, there access to the peace process. Primarily, evidence was that uncovered in the are also grassroots local NGOs members of officially sanctioned course of the interviews. And the which do address local needs tiers connected to patrimonial-style consensus of the interviews was that, and are primarily funded by networks had access to élite circles. in the Congolese context, the peace their own members from income Internationally connected NGOs process has met with little success generated by second or third jobs. have some links into power because not only because it faces immense of their international linkages but challenges due to the regional Building peace they are also linked to the general dynamics of the conflict but also The primary goal of including populace. In sum, civil society in Kivu because it has primarily existed in civil society in any peace process comprises a mixture of leaders. top-down form and failed to integrate is to ensure that the peace process bottom-up processes. It has failed not addresses the roots of the conflict This distinctive nature of civil society only to include the right members of and the needs of those most has influenced the peace process civil society but also to ensure that the affected by the conflict. However, in significant ways. International shape of the peace process matches building such a peace process organisations have brokered the society to which it hopes to bring requires a nuanced approach to the agreements that sought to include peace. It is necessary to understand inclusion of civil society. It involves what they believed to be a civil the multiplicity of ways that civil distinguishing whether or not civil society connected to the felt needs of society can be defined in any given society representatives are truly the population because they expected context, and to have a more nuanced connected to the population or are Kivutien civil society to mirror its 36 DEMOCRATIC REPUBLIC OF CONGO FMR 36

approach to civil society inclusion for of deeply entrenched patrimonial Arnila Santoso (arnilasantoso@gmail. more sustainable peace processes. associations, transnationally com) is a recent graduate of American controlled NGOs and small local University’s International Peace and Civil society in the context of the associations. It is important to take Conflict Resolution MA Programme Kivus has developed separately these realities into account when and is now Program Officer with the from its European and North designing mechanisms for civil US Department of State Bureau of American counterparts as a hybrid society inclusion in a peace process. Democracy, Human Rights, and Labor. The Data Centre for IDPs in North Kivu Laura Jacqueline Church

Effective provision of aid and protection for those displaced in request data from the Centre. On a eastern DRC requires reliable data – which the new Data Centre in technical level the project works in direct cooperation with and support North Kivu is helping to provide. of the provincial authorities, the In eastern Congo, as areas of violence For example, there are ‘commuting’ camp managing agencies (local shift, new people are displaced while IDPs, people who shuttle regularly and international) and UNHCR in others, previously displaced, are able between different locations, including providing for the needs of IDPs. to return home. During displacement their homes and camps. And The Centre aims primarily to: some people live in camps while there are multiple displacements others live with family or friends where, if not detected, agencies ■■undertake individual registration or under rental arrangements run the risk of multiplying by the of camp-based IDP populations, number of displacements including new arrivals, rather than counting the departures, births, deaths, etc displaced individuals. Further challenges include differing ■■maintain an up-to-date and

Laura Church methodologies, unknown real-time database that allows sources of information, for population tracking and the and lack of adjustment production of disaggregated for births and deaths. data on IDP populations

In order to deal with these ■■manage population movements challenges, the Commission from, to and between IDP for Population Movements camps by ensuring individual (CMP) was launched, documentation, such as Voluntary led by OCHA. The CMP Return Attestations, etc works in cooperation and collaboration with ■■produce accurate beneficiary many of the humanitarian lists for assistance purposes, actors and agencies to taking into account family size, compare and consolidate special needs, and vulnerability data. Discrepancies and criteria such as defined by the data shortages continued, humanitarian community in DRC however, and in 2008 an innovative project was ■■help develop a strong launched to address this humanitarian data analysis

UNOPS team registering IDPs near Kitchanga, North Kivu information shortage: the capacity within the framework Data Centre for IDPs. of the Congolese government’s stabilisation plan for commonly referred to as ‘host The Data Centre, run by UNOPS, eastern DRC (STAREC) families’. Collection of data in a camp is located in Goma and monitors is relatively easy but data collection the provinces of South and North ■■ensure individual registration of among host families – where Kivu. The project is funded by Congolese refugee returnees in resident and displaced populations UNHCR as part of the agency’s order to facilitate verification cannot easily be distinguished – is CCCM (Camp Coordination and in the countries of asylum and much more difficult, and DRC’s Camp Management) responsibility to assist UNHCR North Kivu complex displacement patterns but all UN agencies are encouraged in planning for protection make it yet more difficult to arrive to be partners in the project – and and assistance activities at correct and coherent figures. any humanitarian agency can DEMOCRATIC REPUBLIC OF CONGO 37 FMR 36

■■maintain a database for protection be dangerous and requires tight within and outside IDP camps, in and returnee monitoring reports. coordination with MONUSCO order to gather health information (formerly MONUC) for security. to help track diseases and health The Centre gathers and processes concerns among the IDPs. information about IDPs living The Data Centre has its own GIS in camps in North Kivu (and to mapping capacity. In addition to All the data collected, including a limited extent in South Kivu). establishing the origin, flow and statistical information and maps, Information is gathered through present location of the displaced is regularly distributed among surveys and interviews, and includes population, the GIS team works the humanitarian community the number of people in a household, with local authorities to clarify in eastern Congo through the their ages and gender, their reason administrative boundaries. In 2010 internet and meetings. This for flight, their plans for the future, the Google Corporation provided should help all humanitarian and any specific vulnerabilities of the project with portable smart actors supporting IDPs in North family members. Family members phones to facilitate more efficient Kivu and South Kivu to deliver are photographed to facilitate data registration including taking better, more effective and targeted identification when benefits are GPS coordinates for mapping use. assistance to the IDP population. distributed or when IDPs decide they want to return home. The IDP camps UNHCR uses its Health Information Laura Jacqueline Church (laurachurch@ are divided into zones and house System (HIS) primarily in refugee mac.com) worked at the Data Centre numbers to allow the team to register camps but in North Kivu the Data and previously worked for UNHCR people as living in a particular house. Centre is piloting its use in IDP Regional Support Hub in Nairobi. This allows for ‘fixing’ exercises, in situations. In close collaboration which a surprise house-to-house with WHO and the provincial More information about the activities count of the actual population is health authorities, the Centre is of the Data Centre for IDPs can be carried out at night. This work can partnering with health centres, found at http://www.dc4idp.org Challenges of protection Emma Fanning

Local protection committees in North and South Kivu are tackling – and civilian authorities, and lack with some success – a range of protection challenges. of knowledge about where to refer victims of abuse. Since then Oxfam vulnerable to illegal checkpoints, has worked with local partners to: Since June 2010, Mukungu1 village taxation, arrest and extortion. in Kalehe, South Kivu, has welcomed Perpetrators include the myriad of ■■ensure the transparent election 1,150 displaced households fleeing armed groups but also those who of local protection committees FDLR2 attacks during military should protect: members of the operations in the area. A battalion of national army (FARDC), police, local ■■support communities to the national army arrived recently; they government and customary chiefs.3 identify protection threats, have set up checkpoints demanding a analyse risks and implement fee, do not speak any local language Humanitarian response in this activities to combat threats and have moved in with local families context faces many challenges. unasked. Forced labour and arbitrary How do we address such a range ■■train community members arrests are widespread. Meanwhile, of abuses? How do we prioritise and authorities on laws and locals cannot farm fields near the when often the whole population human rights, and how to raise forest as FDLR soldiers rape women is vulnerable? How do we avoid awareness of these locally who try – and have killed men discrimination and stigma within who accompany them. The local communities? How do we avoid ■■improve relations between community takes in IDPs but they promoting dependency? community members warn that resources are limited. and authorities In trying to addressing these questions, Oxfam works with ■■provide basic information Life in many communities in local protection committees in about local referral services. eastern DRC seems a constant 33 communities across North negotiation between different and South Kivu. During annual A recent review of progress suggests threats. Communities report protection assessments from 2007 – tentatively – that, with flexible looting, theft, rape, forced labour, to 2009, communities identified support and information to bolster murder, abductions, burning of key barriers to their protection local initiatives and local capacity, houses and destruction of fields; as a lack of information about communities can find ways to even in areas where the state retains national and international laws, address a range of issues. Results some control, communities are difficulty in approaching military have been varied, with outcomes 38 DEMOCRATIC REPUBLIC OF CONGO FMR 36

in areas we did not foresee, such medical attention quickly. Several of sexual violence with food whilst as women’s empowerment and communities report men bringing they get medical treatment; walking helping IDPs to integrate into host women to health centres after rape. 20km to talk about national laws in communities and advocate for neighbouring villages; tenaciously better security in their return zones. Meanwhile, communities say that challenging authorities over We think this is because of the they have also significantly reduced arbitrary arrests; visiting remote community drive behind the project. the number of illegal checkpoints villages to find out more about the In one case, an entire community locally by raising awareness of the situation of IDPs there; insisting which had been displaced negotiated law. In one community, relatives are that the influence of the project with local chiefs to ask for FARDC no longer arrested for the alleged should reach beyond population patrols in their area to discourage crimes of others, and the committee centres. They say the project gives FDLR attacks. Another community has persuaded prison authorities them status in the community and has mediated land disputes between to accommodate men and women that they, and others, can see the displaced people and locals, and separately. All communities report results. Women in particular say negotiated return for IDPs accused improved relationships with they are able to negotiate more of collaboration with the FDLR in authorities, most markedly amongst effectively and persuade men to their home villages. Women who, women, 30% of whom now report take up women’s concerns. when displaced and separated reasonable relations with the FARDC, from their husbands, have had to compared to 10% previously. On We don’t have all the answers. The seek protection by another man the other hand, there are problems mass of abuses facing communities in DRC is complex and debilitating. However, when communities are given the information and space to find solutions, they do. We think that this project, to date, has achieved successes in part because it does

Oxfam/Pierre Peron Oxfam/Pierre not target any particular group of supposed victims or specific abuses but enables communities to identify and respond to a whole range of issues affecting them. Men take up problems initially seen as women’s problems because the issues are identified by the whole committee; host communities support IDPs, not because an NGO asks them to but because they have pinpointed the issues themselves. Protection programming in DRC is having some success by supporting local populations and authorities to create the space to come together to find their own solutions to the spectrum of protection abuses.

Children in Kalonge look at a sign about Congolese laws protecting people against unlawful arrest and imprisonment. That said, we have far to go. It’s a dark day when we arrive in Mukungu for a committee meeting have been enabled to return to they cannot solve, such as looting and the committee is rebuilding their husbands on return to their and burning of houses by armed the FARDC commander’s house. home community. In Mukungu at groups. But they can, and do, Coupons – proof of having least three displaced women raped take some action to mitigate the worked on the house – are during FDLR attacks and abandoned problem, asking local authorities handed out; woe betide you if by their husbands have found to talk to armed groups, asking you have no coupon when they shelter with committee members. the FARDC to patrol, and so on. check your house tomorrow...

Another outcome is that all The motivation of volunteer Emma Fanning ([email protected]. communities anecdotally report that committee members, a perennial uk) is Protection Manager DRC with there are fewer cases of rape than challenge in community-based Oxfam GB (http://www.oxfam.org.uk/). last year. The very fact of it being programmes, remains impressive. 1. Not its real name. (As with most organisations made known that rape is illegal 2. Forces démocratiques de libération du Rwanda/ seemed to reduce its incidence. adopting this model, we continue Democratic Forces for the Liberation of Rwanda They also say that men no longer to face questions about whether we 3. Oxfam and Partners Protection Assessment 2010 North & South Kivu abandon their wives if they are raped should pay volunteers incentives.) http://tinyurl.com/OxfamDRC2010 and that they know they must seek They continue supporting victims DEMOCRATIC REPUBLIC OF CONGO 39 FMR 36

Innovation in cash-voucher programming Kokoévi Sossouvi

Cash vouchers offer flexibility, enabling payment for school fees ■■Ensure that prices in the fair as well as for basic necessities. They also empower people who, in correspond closely with local market prices. displacement, have been deprived of choice. The conflict in North Kivu is well 21% of programme beneficiaries paid ■■Include a sufficient number documented for the type of pendulum for school fees, and 28% of these did of traders. displacement it creates, with families so for more than one child. 43.7% of being displaced repeatedly back the fees paid were for girls, to some ■■Use voucher coupons that have and forth between locations. In 2009 extent discrediting assumptions small enough denominations to Concern Worldwide DRC pioneered that the education of girls is not a allow for flexible spending. a new approach in providing not priority. What is more, interviewed only non-food items (NFIs) – the households commented that they ■■Responsibly promote innovation routine response to displacements took this opportunity to pay fees in voucher responses (e.g. through – but also seeds and tools and for all their children, sometimes including new goods and services). support for primary education using for part of a term, reporting that a cash voucher market approach. they intended to save money from ■■Include strong qualitative other coping mechanisms to pay monitoring. To maximise the potential for for the remaining period. People empowerment, only the most expressed their appreciation of this ■■In areas new to fairs, start vulnerable households were identified innovative approach, particularly with smaller fairs. to take part in the programme and in an environment where education within these, women were selected is not a free service to all. The programme targeted both to receive cash vouchers. They returnees and displaced families. could purchase goods from local Headmasters indicated that the Although beneficiaries were traders, gathered at selected sites money collected was spent on school disproportionately returnees, the mimicking a market, using vouchers materials (such as books and chalk), repeated incidence of displacement set at a defined value. The traders renovation of infrastructure, payment made this methodology equally then redeemed the vouchers with of teachers’ wages and rent. The appropriate for the displaced. These Concern for the corresponding cash additional benefit was in facilitating families are often forced to consider value. In addition to traders, school the continuation of the school year, education as a lower priority for headmasters were invited to the reducing the potential for suspension spending because of the constant fairs. They traded vouchers from and the need to repeat lessons threat of future displacement and beneficiaries for stamped receipts as due to long absences of children the high priority of other needs. For proof of payment of school fees for a whose parents were previously many women, and their families, term or part thereof. These vouchers unable to pay their tuition fees. this intervention provided a timely were also later redeemed by Concern. opportunity to purchase according to An independent evaluation of the their individual needs and to release Assisted households could procure programme1 conducted by the limited income for other requirements. items usually found in NFI kits, Overseas Development Institute such as jerry cans, cooking utensils, concluded that Concern’s successful Kokoévi Sossouvi (kokoevi@gmail. etc. They could also choose to implementation of fairs shows com) was Emergency and Livelihoods purchase quality pagnes (clothing that “organisations do not need Program Manager for Concern material), improved seeds and ‘cash and voucher experts’, but Worldwide in DRC until February 2010. agricultural tools, as well as pay for rather talented staff who can use (For more information about the Concern school fees for their children. Finally, their emergency assessment and project, please contact Peter McNichol at upon leaving the fair, they were project management skills to [email protected]) The author is now provided with blankets and soap. incorporate cash-based responses working as Economic Recovery Program in their interventions”. For Concern Manager with Mercy Corps in Haiti.3 Impact of the project and other agencies considering 1. Evaluation online at The programme, which ran from voucher responses, the evaluators http://tinyurl.com/ConcernDRCvouchers November 2008 until June 2009, recommended the following: 2. Concern Worldwide continues to develop cash and voucher methodologies, which are proving invaluable in assisted 8,402 households. In addition eastern DRC. Innovative approaches to meet humanitarian to meeting the humanitarian needs ■■Provide sufficient choice in needs are also employed elsewhere, including in where Concern provides telephonic cash transfers to of this vulnerable population, the fairs: all recipients should help people in rural areas meet their family food needs initiative supported the primary have access to priority items following a failed harvest. education of 2,325 children. identified in assessments. 2. With Mercy Corps in Haiti, she is following the same approach but with beneficiaries using mobile phones instead of vouchers; beneficiaries’ phones are supplied Although the initial assessment did ■■Ensure that beneficiaries who with an electronic wallet allowing them to make purchases by instantly crediting the vendors’ phones. not determine how many households do not understand the process had children of primary school age, can get assistance on fair days. 40 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Fuelwood: getting it right

Recent years have seen the introduction of new initiatives to a) a ‘matrix’ of agency roles promote safe access to appropriate cooking fuel in humanitarian and responsibilities for developing a coordinated settings. Congolese NGOs are active in promoting these initiatives fuel strategy which and urging greater international focus on the issues at stake. defines the key activities that must occur in order Cooking fuel is a critical issue that These consequences span traditional to achieve an effective touches on nearly every facet of the humanitarian response sectors and fuel response in new and daily life of millions of families. rarely fit neatly into the existing ongoing humanitarian Because they spend the most time mandates of operational NGOs crises, and b) ‘decision near fires while cooking, women and UN agencies – or indeed into tree’ diagrams illustrating and their children are particularly the cluster system. As a result, various factors that vulnerable to a range of health household energy-related initiatives can affect the choice of problems, including lung and eye are often ad hoc and do not take fuel strategy, such as diseases. Women and girls displaced into account the lessons learned different staple foods by conflict or natural disaster also in other sectors or regions. or cooking habits. risk rape and sexual assault when they leave the relative safety of camps Since 2007, the international Information extracted to gather wood to cook the food community, led by the Women’s from the Women’s that is provided by humanitarian Refugee Commission and supported Refugee Commission’s agencies, or to sell. As trees and other by USAID, has been developing website. See http:// vegetation are harvested, women and global guidance documents to womensrefugeecommission. girls must walk further and further focus on the need to ensure safe org/programs/firewood to collect wood, increasing their access to appropriate cooking fuel to access these and other vulnerability. In addition, girls may in humanitarian settings from the related documents. See miss out on education opportunities start of every emergency. Created also the International as they spend hours each day by the Inter-Agency Standing Network on Household foraging for cooking fuel or stay at Committee Task Force on Safe Energy in Humanitarian home to watch younger siblings as Access to Firewood and alternative Settings at http://www. their mothers collect firewood. Young Energy in Humanitarian Settings fuelnetwork.org/ (includes girls are also the most common (IASC Task Force SAFE) and all SAFE workshop and Adrian Arbib www.arbib.org Arbib www.arbib.org Adrian victims of burns and scalds from endorsed by the IASC Working training materials). improperly tended open fires. Group, these documents include

Cooking fuel, fuelling a crisis Jean Claude Mizaba Bampa

Humanitarians do not deal sufficiently or firmly enough provide ‘improved stoves’. Recently a new form of charcoal with the question of fuel, and often get it wrong, since briquette made of sawdust and paper has been provided for each population brings its cultural habits and daily realities use with portable stoves, specially made for displaced families. to how they use fuel in their changed circumstances. In humanitarian crises there have never been adequate In DRC, as in Africa more generally, cooking is women’s solutions. At a workshop held by the Women’s Refugee business so women must find wood so that they can cook for Commission in Goma the reality was dealt with – that when the family. Our culture tells people that for their nourishment people are displaced they still need to cook in the way they they need to cook on a fire. To make this fire the women are used to doing, they need to warm their bodies and go out into the forest to find dry wood – this is their way; they need to protect themselves from the cold of the night. unlike nowadays, the forest used to be common property Our organisation thinks that it will be valuable to gather for all to use. But now where the available wood grows they together the experiences of fuelwood in crises in many can be attacked by militia who want to stop women getting different countries to improve humanitarian responses. cooking fuel or who commit inhuman acts against them. Jean Claude Mizaba Bampa (rdcasdisuniv@yahoo. Humanitarian agencies need to see the role of cooking fuel as fr] is Resident Representative of the Association crucial – for both displaced people and the host population. pour la Solidarité, le Développement et l’Intégration When there is no available fuelwood, or when taking it can Sociale (ASDIS-Universelle) based in Goma. cause conflict with local people, humanitarians sometimes DEMOCRATIC REPUBLIC OF CONGO 41 FMR 36

SAFE workshops in DRC Josué Sefu Aruna In 2010, in Bukavu and Kamituga, of fuelwood issues, that there is no South Kivu, we have run two training agency or cluster uniquely mandated to workshops on Safe Access to work in these areas, and that fuelwood Firewood and alternative Energy in relates not only to the environment Humanitarian Settings (SAFE) for but also to protection, health, local organisations like ourselves who nutrition and shelter. We discussed are committed to working towards roles and responsibilities, and how stability and sustainability in DRC. to develop coordinated fuelwood strategies within both emergency and We had previously attended a two-day prolonged displacement situations. workshop run in Goma in February 2010 by the Women’s Refugee Our first workshop in Bukavu Commission where we met with other allowed us and our partners to representatives from local NGOs as come together for the first time as well as representatives from agencies a group, to exchange experiences such as UNHCR, WFP, CARE, World and information to improve activities Vision and Mercy Corps. The first day relating to the provision of fuelwood was the general workshop on the SAFE in the humanitarian context. Working guidance and how, when and why to in such a geographically vast area, implement it, and the second day was however, offers huge logistical a ‘Training of Trainers’ session to help difficulties in ensuring follow-up to participants gain the skills needed training, and we need to continue to undertake their own workshops, working with the international either for additional staff within their community to meet these challenges. own agencies, or for other agencies, beneficiaries or local government. Josué Sefu Aruna (arunasefu@ yahoo.fr) is Coordinator of the In our own workshops participants Association des Agriculteurs Sans learned about the multisectoral nature Frontières (AASF) in Bukavu. WRC/Emily Bishop WRC/Emily

Participants at the end of the SAFE workshop in Goma, February 2010 42 DEMOCRATIC REPUBLIC OF CONGO FMR 36 ICRC: careful analysis is the key Veronika Talviste

In the Democratic Republic of Congo, the International Committee establish priorities the analysis of the Red Cross (ICRC) combines its protection and assistance of displacement should not only look at the needs of the displaced activities and focuses on ‘priority zones’ where armed actors (the but also consider all those who national army or armed opposition groups) are present. suffer the effects of displacement, including those left behind, those In order to ensure that the men, displacement in anticipation or fear who are unable to flee, and residents women and children affected by of an attack or abuses; ‘pendulum’ taking in displaced people. the conflict and displacement in displacement when people return to eastern DRC receive the protection their home areas either in the day- The circumstances and needs of and assistance they are entitled time or intermittently; and ‘itinerant’ each of these groups can then be to, ICRC endeavours to learn displacement when displaced people compared with those of the overall from past experience and analyse move continually from one place population to determine which patterns of movement more to another, sometimes in search needs are most urgent as the basis precisely. Its field staff engage with of humanitarian assistance. for ensuring that action taken is communities in order to gain a impartial and needs-based. And better understanding of the threats A thorough analysis of displacement it is of course helpful to know they are facing, both physical and dynamics can help humanitarian whether economic push-and-pull economic, and devise practical and workers know for instance where factors were a significant factor in effective ways of addressing them. the better-off tend to flee and where displacement or whether violations those with few means usually go. of the law, or the fear of such It is essential to try to take into Their destinations are often quite offences – such as attacks upon life consideration the whole context different, with the former, for and property, or forcible recruitment in which internal displacement example, more likely to be able to into the armed forces – were the occurs: those who flee, those who seek shelter with relatives in a big primary reasons for displacement. cannot flee or decide to stay behind town. It is easy to assume that those for other reasons, and those who who have walked for days are the Consultation and participation return. While displacement can ones in the greatest needs. This The best strategies are often devised exacerbate the vulnerabilities of may be true in some contexts but by displaced people themselves conflict-affected communities, in certain communities in DRC the who often have valuable insights displaced individuals do not most needy have little choice but to into how their circumstances necessarily face greater hardship hide in a forest or in a village near could be improved. In any case, than those who are not displaced. where they live. It is also important in order to determine where and to know if people are being displaced how to take effective action, it is In the Kivus, ICRC is particularly for the first time or if they have been essential to engage in dialogue active in territories that play host repeatedly displaced. Often those with the communities directly to significant numbers of displaced fleeing for the first time as a result of concerned. This takes time. people. It strives to ensure greater an attack have had no opportunity to respect for the rights of people at take anything with them, and have It should be borne in mind, however, risk and encourages authorities not developed coping mechanisms. that in an area such as the Kivus, and parties to the conflict to fulfil where countless humanitarian their obligations. It endeavours to Humanitarian workers must take activities have been carried out prevent or put an end to violations of care not to draw unwarranted over many years (some of which, international humanitarian law that conclusions, as ostensibly similar inevitably, may have been ill- have an impact on civilians. It often situations may give rise to very conceived), it is extremely important works in partnership with the DRC different consequences for people. that the dialogue not be superficial. Red Cross carrying out activities For example, some people who In such areas, local communities designed to reduce communities’ have been repeatedly displaced are well aware that all too often exposure to risk. And it seeks may have built up their resilience humanitarian organisations respond to bring people’s most pressing and coping strategies while others to problems simply by distributing concerns to the attention of the who have also been repeatedly aid. There is a risk, therefore, that authorities while also providing aid displaced may be exhausted, some people might try to persuade directly to those who need it most. vulnerable and unable to cope. the aid organisation to take a certain course of action while others might Analysis is crucial According to a 2008 UNICEF/CARE give answers that they believe There are at least four main types report, an estimated 70% of displaced humanitarian workers want to of internal displacement apparent people are living with host families hear. It is necessary to listen to as in the DRC: ‘reactive’ displacement in the DRC.1 The host families are many different voices as possible in response to an actual attack often as vulnerable or overburdened and to be sensitive to the nuances. or specific event; ‘preventive’ as those they take in. In order to DEMOCRATIC REPUBLIC OF CONGO 43 FMR 36

It is also important to ensure that Many of the worst atrocities occur displaced people have access to in very remote areas. Improving reliable information, so that they transport links can make some areas Child disability, can make constructive proposals less isolated and therefore more concerning action taken on likely to have officials stationed the forgotten crisis their behalf or make informed there and to be patrolled by UN Looking at herself in the mirror, nine-year-old decisions on how to manage their peacekeepers – which clearly is Helena squealed with delight at her reflection, circumstances. For example, in likely to make them more secure. standing upright with just the slightest support one area of North Kivu, ICRC of her therapist. A year before, Helena – who had planned to distribute seed, Challenges ahead lives in Mugunga II IDP camp in Goma – was tools and household essentials to ICRC has made some progress diagnosed with cerebral palsy. Able only to recently displaced people. Before in helping displacement-affected crawl, Helena had been confined to very specific the distribution took place, the local communities in North Kivu but spaces due to the lava in the IDP camp. community became aware that challenges remain. One such While funding for treatment remains minimal, operations by the national army challenge is the increasing mobility the number of disabled children and those at against armed groups in the area of displaced people and the risk continues to grow due to the increased risk were imminent. They requested that complexity of their concerns. The factors brought on by the breakdown of the health the distribution be cancelled for fear labels ‘refugee’, ‘urban IDP’, ‘host infrastructure, ongoing violence and displacement that it would attract armed pillaging. family’ and ‘economic migrant’ in eastern DRC. Minimal access to health care and may be convenient for aid workers, clean water, and poor nutrition during pregnancy, Engaging in dialogue with policymakers and researchers but lead to common congenital disabilities in children arms carriers is also essential. they can often be misleading in that such as spina-bifida and limb deformities, and ICRC’s interactions with arms they seldom describe a person’s young children predisposed to early childhood carriers are frequent and varied, overall situation. For example, how diseases such as meningitis and polio. Access ranging from notifying them of do you categorise and then support routes to health centres are often blocked for ICRC movements to discussing a family from a village in North patients and medical teams, leading frequently allegations of inappropriate Kivu which has some members to birthing complications, child developmental behaviour among the rank and who commute between Goma town delays and maternal mortality. The prevalence of file and to providing training in and Rwanda selling produce, and rape in DRC is also linked to a probable increase the basic rules of international others who left after an armed in child disability as frequently women pregnant humanitarian law. Exchanges are attack and moved to Kinshasa in from rape do not seek pre- or peri-natal care. inevitably a little less formal with search of a safer and better life? armed opposition groups than Where does internal displacement Disabled children are more vulnerable to abuse, with national armed forces but begin or migration start? exploitation, neglect and discrimination. They the issues raised with them are of face reduced social participation and have less a similar range and character. Are people who share their time access to education and other social services between Goma and Rwanda than children without disabilities, and struggle Assistance as protection refugees or internally displaced daily with social stigma and discrimination. “The Enhancing the capacity of people? What about the group international community might not see disability as individuals to make themselves of people from a village that has an emergency worth focusing on now – but it will safer must be one of the goals of been looted who decide to go to become a full emergency if nothing is done,” said humanitarian work. To achieve a bigger town, having heard that Loran Hollander of Heal Africa’s hospital in Goma. this, it has to be recognised that displaced people can make money For more information, visit IRIN individuals are likely to know better there? Are their motives economic http://www.irinnews.org/Report.aspx?ReportID=86710 than anyone else how to deal with or related to armed violence? their own problems. And just as See also FMR 35 ‘Disability and displacement’ people often do not distinguish in Both the causes of displacement http://www.fmreview.org/disability/ their daily lives between what they and the movement of the people do to protect themselves and what themselves are diverse and they do in order to assure their characterised by mixed flows, livelihoods, agencies too need to multifarious motivations and recognise the inherent link between multiple labels. The challenge self-protection strategies and for the humanitarian community subsistence activities. For instance, is to take the time to sort these food for work or cash for work on out and adapt its response to road-building programmes not the complexity it finds. only directly benefits those who do the work but also results in easier Veronika Talviste ([email protected]) (and safer) access to local markets is Internal Displacement Advisor, and therefore better prices for ICRC Protection of Civilian Population produce. By improving the roads, Unit (http://www.icrc.org). communities may also reduce the 1. See ‘Internal Displacement in North Kivu: Hosting, risk of being looted as their trucks Camps, and Coping Mechanisms’, 2008 can move faster and therefore are http://tinyurl.com/McDowell-DRC-2008 Graham IRIN/Aubrey less likely to be a target of ambushes. 44 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Outside camp settings Alena Koscalova, Elena Lucchi and Sabine Kampmüller

Current assessment tools and intervention strategies are based September 2008, following the mainly on experience of camp-like situations; what is needed are upsurge of violence and displacement in Haut-Uélé. In March 2009, MSF innovative responses to address problems specific to open settings. carried out a two-stage cluster In October 2009, more than 280,000 This situation increased the sample survey in order to better people were displaced in the two vulnerability of the displaced who, assess the situation of displaced and northern DRC districts of Haut-Uélé having left most of their assets host populations. The survey was and Bas-Uélé in Orientale province. with the host families, had limited initially planned for a larger area but The people of this region have possibilities to cultivate the newly due to serious security constraints suffered escalating attacks from settled area due to the security was only carried out in the town the Lord’s Resistance Army since conditions. Some of the displaced of Dungu and partially (by rapid 2008 but the geographical spread are living in poorly constructed evaluation) in the town of Doruma. of people in this vast remote region huts that offer inadequate protection compounded by security constraints from rain and insects. Spontaneous The survey showed that both host and makes it difficult for humanitarian separation of IDPs from host displaced populations were living organisations to reach them and communities must be considered in precarious conditions because of only a small proportion of IDPs an alarming sign of insufficiently violence, theft of livestock and other in the Haut-Uélé region receive covered needs, and seems to point belongings, destruction of houses, assistance from humanitarian actors. to the desirability of distributing and restricted access to their land. incentives or compensations Assistance and provision of supplies Communities affected by the (money, goods in kind, vouchers, by NGOs were insufficient, mainly complex patterns of violence in the etc) to host communities. Likewise, due to the constraints of working in entire region often flee multiple viable and acceptable relief options the area, and water and sanitation times in fear of further attacks, and need to be found for self-settled conditions were below humanitarian new pockets of displaced people IDPs scattered across vast areas. standards. The survey provided can appear overnight. In DRC IDPs useful information but as it was generally prefer to stay in host The humanitarian situation in Haut- only able to assess the conditions communities rather than in camps. Uélé changes constantly, so that entire of the population living in the most Around 70% of internally displaced populations – including hosts – are accessible areas with the highest people in DRC are staying with host cut off from assistance and live in presence of international actors, it families or in host communities precarious and insecure conditions. was only representative of a very and return intermittently to their In the absence of more specific small proportion of the affected homes. A recent ICRC report talks information on the most vulnerable, a population. It could only provide of the increasing ‘saturation’ of common operational practice among a snapshot of the rapidly changing overburdened host communities international agencies is to target the environment, and very probably did (often resulting in further economic sites where there are larger numbers not capture pockets of vulnerability, hardship and sometimes tensions of displaced. However, the concern nor patterns of mortality over time. between IDPs and their hosts); the is that the most vulnerable people extended displacement period; and might not necessarily be found there. Contexts like DRC reveal clear flaws the ‘pull factor’ of greater resources in using crude mortality rates (CMR, (including humanitarian assistance) On the medical side this has U5MR2) and quantitative methods being available in camps.1 implications for agencies such as ours, in general (sample surveys, counting Médecins Sans Frontières (MSF), population, etc). The need to select This trend was also observed in when identifying locations for fixed representative samples and to Haut-Uélé, where the vast majority or mobile clinics and from where to minimise the bias in data collection of IDPs were initially accommodated provide services and follow-up of is complicated by geographical in host families in Dungu town, patients regarding nutrition, response spread, compromised access and sharing resources such as shelter, to sexual violence, treatment of lack of reliable population figures. In water and food. However, the volatile chronic diseases, and overall outreach. chronic or intermittent emergencies security situation prolonged the Moreover, the practice of providing like DRC, mortality rates of near- displacement and people were left one-off assistance – such as food and normal levels can gradually rise without the possibility of returning other relief items for a period of three over time or can display peaks due home. Over time the coping capacity months – is clearly an inadequate to epidemics, exhausted livelihoods, of both the host and the displaced response in such conditions. collapsed health system, new waves was depleted and many IDPs felt of displacement and isolation from themselves too big a burden on the Challenges in identifying needs relief providers. This means that host community. This then resulted The identification of needs across a one-off mortality survey might in the construction of ‘pseudo- the region has proven difficult provide different results depending camps’, areas inside Dungu that are throughout. MSF had first set up on its timing. Such results are of little inhabited only by the displaced. a programme in the region in value in the absence of mortality DEMOCRATIC REPUBLIC OF CONGO 45 FMR 36

surveillance to detect trends and The widespread needs in open point-of-use water treatment, causes of mortality over time. settings clearly must be addressed prevention of malaria and targeted with innovative strategies aiming food supplements. It is essential to search for alternative at better coverage and looking at ways to measure and monitor more community-based approaches. These challenges affect most of the mortality, and to identify alternative Only with strong involvement humanitarian organisations that are indicators in order to best judge of the affected communities can trying to respond to the needs of the the magnitude and evolution of activities be maintained, even when people affected generally in open crises in open settings. This will (international) staff presence is settings. It is therefore important that enable a better understanding of restricted. more research, innovation and debate people’s needs and the ability to take place within the humanitarian monitor the effectiveness of aid. Conclusion community, with a view to As the quantitative identification improving and adapting intervention Challenges in response of needs in open settings is more strategies to the reality of displaced In comparison to camp-like situations, problematic, qualitative methods populations outside camps. the need to engage with the existing must be used systematically, with health-care system is much greater a concern for vulnerabilities, Alena Koscalova (alena.koscalova@ in open settings. The establishment capacities and coping strategies. gmail.com) was medical coordinator of parallel health systems – where Changes in the displaced situation for MSF in DRC and now works as health services (if they exist) are often have to be expected and there is a a medical doctor in Slovakia; Elena overwhelmed or have deteriorated need for continual re-assessment. Lucchi ([email protected]) is because of the crisis – has the potential A community-based network an operational advisor for the MSF to raise equity issues between hosts could play a role in a surveillance Operational Centre, Barcelona-Athens; and IDPs, and to undermine the system (mortality, morbidity), in and Sabine Kampmüller (sabine. quality and long-term sustainability order to monitor the evolution [email protected]) is Head of health-care provision. In DRC, of a crisis; however, considerable of the Evaluation Unit, MSF Austria. MSF opted for a ‘light support’ simplification of indicators to be All three worked on the evaluation strategy that included drug supply, collected would be needed. of Médecins Sans Frontières’ limited supervision and incentives (http://www.msf.org) response to to selected health structures, so as to The traditional methodology of displacement in open settings. ensure continuity and free access. targeting an affected area and its entire population, providing general The views expressed here are the However, the impact on the quality health care on all levels, poses personal opinions of the authors and of care remained unknown, raising extreme challenges in open settings. are not intended to reflect those of concerns about the effectiveness One option may be a shift towards MSF. Special thanks to Iza Ciglenecki, and appropriateness of the medical more prevention and early diagnosis Philippe Calain, Jean-Marc Biquet, intervention strategy. In open and treatment, with a focus on Marc Poncin and Bruno Jochum for settings, it is arduous to duplicate the main causes of morbidity and their contributions to this article. the ‘four-levels health-care model’ mortality. MSF is currently piloting 1. Kellenberger, J ‘The ICRC’s response to internal (from community health workers to such an approach, with interventions displacement: strengths, challenges and constraints’, the referral hospital) developed for that can be implemented rapidly, International Review of Red Cross, Volume 91, September 2009, pp 475-490. 3 camp settings simply because of using security-related windows http://tinyurl.com/icrc-kellenberger the immense resources needed. In of opportunity, particularly in 2. Child Mortality Rate, Under-5 Mortality Rate the absence of a functioning referral remote areas. They include vaccines http://www.globalhealth.org/child_health/glossary/ 3. Médecins Sans Frontières, Refugee Health, An approach system, few patients effectively preventing respiratory tract to emergency situations, 1997 have access to the services. infections and diarrhoeal diseases, http://www.refbooks.msf.org/msf_docs/en/Refugee_ Health/RH.pdf Displacement and discrimination – the Bambuti Pygmies For generations the Bamputi Pygmies were nomadic all levels of Congolese society. They have great difficulty forest-dwellers but in 2004 they too fled the war. Now accessing any kind of public or social service, and are they live on the outskirts of Goma with little if any support routinely turned away. Such attitudes mean parents from humanitarian agencies. They have no electricity or rarely register new births so total population numbers are running water; straw-covered roofs on makeshift shelters unclear but it is estimated that there are about 30,000 provide poor protection from the frequent rain. in North Kivu and 200-500,000 in DRC as a whole.

“We can’t plant seeds here,” said Bambuti chief Mupepa Muhindo says he cannot pay school fees or afford Muhindo, scratching the ground, which is littered with school uniforms for his children. “Pygmy children don’t lava. “It’s not possible to cultivate the land.” study,” he said. “Because we don’t have any education, we can’t consider ourselves people like others.” Life is hard for all IDPs but even worse for the Bambuti, whose lives are blighted by violence and daily discrimination. For more information, visit IRIN Discrimination against Pygmies is deeply ingrained at http://www.irinnews.org/Report.aspx?ReportID=90354 46 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Training trainers in reproductive health Boubacar Toure, Hélène Harroff-Tavel, Sara Casey and Tegan Culler The cascade training model has brought clinical training closer to the areas in DRC most in need of skilled staff to serve conflict-affected women experiencing complications in pregnancy and childbirth.

Although maternal deaths have and stockouts of medication and decreased globally by 35% since supplies, and the data collection 1980, maternal deaths in DRC have system for EmONC was almost non- decreased by only 3% since 1990, existent. Finally, the use of newer, the onset of the recent phase of safer medicines and procedures was conflict in DRC. Extended conflict limited due to a lack of continuing MONUC/Marie Frechon MONUC/Marie Frechon has played a significant role in the education for health workers. destruction of a national health-care system already in an advanced state To fill this gap, the International Several months later, the trainers of disrepair, resulting in poor-quality Rescue Committee (IRC), in visited participants in their health care offered to communities, lack collaboration with the Reproductive facilities to reinforce their new skills, of well-trained health workers and, Health Access, Information and recommend improvements and due to government disinvestment, Services in Emergencies (RAISE) identify individuals to be trained unmotivated health-care personnel. Initiative, aimed to improve the as trainers. The final decisions on essential RH skills of health staff in the selection of trainers were made An estimated 15,000 women – one supported health zones. Providing in collaboration with provincial Congolese woman in 13 – die equipment and other supplies health management agencies from causes related to pregnancy is necessary but not sufficient to and the National Programme for and childbirth in DRC each improve the quality of care; it is Reproductive Health (PNSR). year, mainly from treatable or also essential to train and supervise preventable complications. Yet medical staff in the requisite One hospital in each province was despite the stark need evinced clinical skills.3 Yet many training identified as a training centre for by these numbers, the Congolese programmes are undermined by health workers from MoH hospitals government continues to spend a lack of follow-up supervision of and health centres supported only limited resources to improve the participants. To address this by IRC. In each, a training room public health. In 2001, African concern, RAISE and IRC are using was constructed and equipped countries, including DRC, met in existing supervision structures to with instructional materials and , , and committed to ensure post-training follow up. anatomical models, and IRC allocating 15% of their governments’ ensured that the delivery rooms and budgets to health care; nine years Phase 1: Training trainers and operating theatres at these practical later, however, the Congolese creating local training centres training sites adhered to best practice government still only allocates In the first stage of the project, a standards. 21 people were then about 5%.1 Serious investments in training team from the African trained as ‘novice trainers’, including good-quality emergency obstetric Institute of Reproductive Health in facilitative supervision techniques. and neonatal care (EmONC) could (IASAR) and Souro Sanou University save thousands of Congolese Hospital in Bobo-Dioulasso, Phase 2: Training health workers women and newborns each year. , trained 48 providers from surrounding health facilities in EmONC and 18 providers in FP. Following the training of trainers, Training essentials EmONC training was organised for the IASAR trainers observed and An assessment in 2007 of seven three clinicians from each hospital mentored the new trainers during hospitals in South Kivu, Orientale, (one doctor, one nurse-midwife, their first EmONC training session. Kasai Occidentale and Kinshasa one nurse-anaesthetist), as well From May 2009 to March 2010, the provinces showed that none of the as one doctor and one nurse from novice trainers at the new training hospitals assessed offered good- each health zone supervisory team centres conducted seven EmONC quality EmONC.2 The majority (who also provide clinical care at trainings for 151 health workers, and did not have family planning (FP) the hospital). To ensure Ministry seven FP trainings for 159 health services or sufficient personnel of Health (MoH) support, one workers. As many of the trainers are qualified to handle obstetrical provincial MoH staff member in also the MoH supervisory staff for the complications. Respect of infection each of the four provinces and two health zone, each time they conduct prevention standards was poor. from the national MoH participated a routine supervision visit, they can Moreover, all hospitals had shortages in the first week of training. review skills from previous trainings, DEMOCRATIC REPUBLIC OF CONGO 47 FMR 36

discuss problems and ensure that supervision and additional practice Conclusions recommendations from the previous on anatomical models – and as The cascade training model has visit have been implemented. services continue to improve, we brought clinical training closer hope that caseloads will increase. to the areas in DRC most in need Challenges and lessons learned of skilled staff, allowing for more A number of challenges were Continued support and post-training staff to receive training. By using encountered in the implementation follow-up by supervisors are key existing supervision mechanisms, of this training project, from which elements to successful training. it is possible to provide longer-term lessons for best practice can be Clinical supervisors must have the facilitative supervision and follow- drawn. skills to offer post-training follow-up up to ensure that skills and skilled and coaching to develop confidence staff are retained. Furthermore, Involvement of health authorities at in trainees and help them make this means that support and all levels is crucial. Effective training improvements at their facilities. supervision are possible in areas requires a politically supportive Traditionally, supervisors did not where insecurity may restrict environment, a strategy, resources, involve supervisees in problem access from outside the area. appropriate guidelines and policies, resolution, and problems persisted. job expectations, and motivation and Training health-zone supervisors IRC has already begun to replicate feedback. IRC is working closely with in facilitative supervision improved this model in its programmes the MoH PNSR to finalise and adopt the quality of the supervision visits, serving displaced populations in national RH standards. At the local and supervisors now encourage North Kivu. IRC and RAISE plan to level, key MOH authorities’ approval staff to solve problems and take evaluate this project in late 2010 to can facilitate the implementation ownership of their work. ensure that the training is resulting and use of new skills by the trainees in improved RH service delivery. on their return to their facilities. The departure of trained personnel Already, observation has shown an to other positions left a gap in the increase in the pride the staff take in All necessary equipment, supplies planned training and/or mentoring their work, especially among those and medications must be available teams in some sites. IRC has tried to trained as trainers, which should at the trainees’ health facilities coordinate with the MoH to ensure ultimately lead to better quality RH so they can put their skills into that new trainers remain in their care for the many displaced in DRC. practice immediately after training. positions for a minimum of two Delays in procurement of supplies years. Another possibility would be Boubacar Toure (boubar.toure@theirc. and equipment can delay post- for the MoH to send health workers org) is the IRC Reproductive Health training follow-up supervision from outside the health-zones to be Advisor in DRC; Hélène Harroff-Tavel visits. Sometimes these visits trained so that skills can be spread ([email protected]) is a occurred five to six months after beyond IRC’s direct intervention former IRC Health Manager; Sara Casey the initial training, which meant areas without transferring skilled ([email protected]) is a RAISE participants then needed extra providers away from these areas. Monitoring and Evaluation Officer; coaching to successfully perform and Tegan Culler (tac2142@columbia. some of the skills learned. In conflict-affected settings, clinical edu) is a RAISE Communications staff should be trained to be Officer. IRC: http://www.theirc.org An important element of competency- prepared for fluctuations in demand. RAISE: http://www.raiseinitiative.org based training is having the time to In February 2009, for example, 1. The Global Fund to Fight AIDS, Tuberculosis and practise skills in a real clinical setting an upsurge in conflict displaced Malaria Trends in development assistance and domestic under supervision. The low clinical some 4,300 households in Kalehe financing for health in implementing countries. March 2010 http://tinyurl.com/globalfund-march2010 caseload at some of the training sites and Itombwe health-zones; the 2. SE Casey et al ‘Use of facility assessment data to – a frequent disadvantage of creating Kalehe General Referral Hospital improve reproductive health service delivery in the Democratic Republic of the Congo’, Conflict and Health training sites in rural hospitals – experienced a shortage of EmONC 2009, 3:12. made it difficult for trainees to drugs and post-exposure prophylaxis http://www.conflictandhealth.com/content/3/1/12 practise an adequate number of cases. kits as the overall utilisation rate 3. Gill Z et al ‘A tool for assessing ‘readiness’ in emergency obstetric care: the room-by-room ‘walk To address this issue, the trainings increased, along with the number through’’, International Journal of Gynecology and Obstetrics offer a strong focus on follow-up of gender-based violence cases. 2005, 89:191-199. http://www.ijgo.org/article/S0020- 7292(05)00123-2/fulltext

Training amidst turmoil in addition to the need for contraceptives throughout the country. In areas affected For Professor Blami Dao, Director and monitoring and treating the possible by conflict, this is difficult,” admits of IASAR, the presence of a clinical complications during pregnancy.” Professor Dao. Nevertheless, IASAR’s workforce well-trained in RH is absolutely training team is pleased with the Training alone, however, cannot address vital when serving refugees and internally number of trained clinicians in Africa the pressing RH needs of conflict- displaced persons: “In conflict situations, who can trace their skills back to the affected populations. “To truly make reproductive health becomes even Institute’s work. “We must share the progress, there must be improved more urgent, because there is a risk of approach, share the tools, share the working conditions for health workers, increased sexual violence, leading to training methodology,” Professor Dao better coordination of supplies and pregnancy, sexually transmitted infections says. “We hope to see a day when our equipment, and better coordination and problems linked to unsafe abortion, work is no longer needed at all.” of policies and standards of care 48 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Refugee return and root causes of conflict Maria Lange

Since independence, violent conflicts in eastern DRC have been community. There are also legitimate linked to access to land, affirmation of ethnic identities and fears voiced by Congolese who live in areas where the refugees competition for political control. will return, largely focused on As a fertile border region, North Kivu chiefs. Such land purchases have land conflicts that may arise when has always been a zone of frequent given rise to accusations against refugees who sold or lost their land migration flows, both voluntary the Banyarwanda of ‘infiltrating’ come back to reclaim it. The problem and involuntary. During the local power structures. is that these legitimate concerns Belgian colonial period the Mission are amplified and manipulated d’Immigration des Banyarwanda1 Following the influx of Rwandan by leaders who use the issue to was established to bring entire Hutu militia to North Kivu after consolidate their political power and populations (Hutu and Tutsi) from the 1994 Rwandan genocide, the protect their economic interests. neighbouring Rwanda to North Kivu, previously relatively localised so as to provide the large plantations ethnic tensions in North Kivu boiled A survey3 by the Mouvement with manual labour. After the ‘social over, leading to mass displacement Intellectuel pour le Changement revolution’ in Rwanda in 1959, Tutsi of Banyarwanda (Hutu and Tutsi (MIC)4 shows that opinions are refugees arrived in large numbers alike). Congolese Tutsi fled mostly divided amongst communities in in North Kivu, fleeing persecution. to Rwanda whereas the majority of areas of refugee return as to the These population movements the Congolese Hutu fled to Uganda. refugees’ national identity and the profoundly changed the political, It is the return of the Congolese circumstances surrounding their economic and social landscape of refugees from Rwanda that causes the departure. Many people confirm the province, and sowed the seeds of most polemic and raises the greatest that Tutsi used to live with them but localised power struggles and violent fears among some segments of the some claim that they are Rwandans conflict amongst ethnic communities, population in North Kivu. At the end who used to live there and who which later escalated following of 2009 there were 53,362 registered returned to Rwanda following the national and regional events. Congolese refugees in Rwanda. fall of the Habyarimana regime there Most of them arrived in early 1996 in 1994. The focus on this group The populations present in North and were registered by UNHCR. of people is used to delegitimise Kivu prior to the 1885 Berlin However, between July 1994 and the Congolese nationality claims Conference at which the borders of the end of 1995, large numbers of of all Congolese Tutsi – including the Congo State were determined Congolese Tutsi refugees arrived in those who have lived in North refer to themselves as autochtones Rwanda unassisted and unregistered. Kivu since well before 1959. (indigenous) and consider those who Today, they live in villages and arrived later as allochtones (‘foreign’ towns across Rwanda and there are The Congolese refugees living in or lacking a legitimate connection no official statistics that establish Rwanda originate from several areas to the land), applied in particular their exact number. The tripartite of North and South Kivu. According to those who speak Kinyarwanda. agreement signed in February 2010 to a UNHCR return intention According to popular Congolese between DRC, Rwanda and UNHCR survey in 2007, 80% of registered perception, the recurrent wars in applies only to registered refugees, Congolese refugees in Rwanda North Kivu from 1962 to the present meaning that non-registered returnees want to return to DRC. The main all have their origins in cross-border will not receive UNHCR assistance. determinant of whether and when identity allegiances, specifically they decide to do so is the level of of the ‘foreign’ Banyarwanda and Popular perceptions of return security in return areas. The refugees the Congolese who are often Since around 2000, when security themselves state that the presence described as ‘Rwandans’. The in some of the areas where the of armed groups of Rwandan Hutu two invasions by the Rwandan refugees come from started to refugees in DRC was the cause of army in 1996 and 1998 further improve, ‘spontaneous returns’2 of their flight. One Congolese refugee strengthened this sentiment. Congolese refugees to North Kivu in the Gihembe camp states: have taken place. Some refugees ‘Autochtone’ discourse about come to visit and go back to Rwanda “They associated us with Rwandan Tutsi Banyarwanda ‘foreignness’ and whereas others stay. Periodically, and we felt ourselves to be in permanent ‘domination’ is closely linked to and linked to the overall political insecurity. They even managed to grievances about the Banyarwanda situation, ‘autochtone’ groups and kill some of us before we decided to buying land which used to belong to politicians express fears about plots flee to Rwanda. Even our Congolese white settlers as well as traditional by the ‘Rwandans’ (often code for compatriots … allied themselves with ‘autochtone’ community land ‘Tutsis’) to ‘re-occupy’ parts of North the Rwandan Hutu to attack us.” which was sold by local customary Kivu, aided by the international DEMOCRATIC REPUBLIC OF CONGO 49 FMR 36

Many people firmly believe that Rwandan citizens are mixing themselves in with returning refugees so as to escape land scarcity in Rwanda and ‘occupy’ North Kivu. This opinion is so deeply rooted that even normal cross-border movements are from time to time Common Ground for Search portrayed as ‘infiltration’ or even planned large-scale migration of Rwandans to eastern DRC. This discourse is a reflection of popular fears but at a deeper level it is an expression of underlying causes of conflict which have never been resolved and which have remained unaddressed in the various peace accords. Constant accusations of being a ‘Trojan horse’ at the service of ‘the enemy’ give rise to feelings of A journalist from Radio Communautaire de Moba records a refugee’s greetings exclusion by Congolese Tutsi, who to her family members back home. During visits to refugee camps, journalists sometimes react by supporting armed from the local radio often invite refugees to record short greetings to let their families know about developments in their lives and their return plans. groups that promise redress. This of course does nothing to diminish the accusations. Failure to understand locaux permanents de conciliation ■■Advocate for Congolese fully the link between the deep (permanent conciliation committees) and Rwandan authorities to causes of conflict and the refugee in which all community members communicate publicly and return question can inadvertently will be represented. UNHCR and constructively about refugee reinforce tensions by lending UN-HABITAT have started setting return and to jointly establish credence to exclusionist discourses up these committees in North Kivu mechanisms to facilitate return. that appear rational (thus giving the with the aim of promoting a peaceful impression that they are true) but environment, allowing the return ■■Establish and build the capacity which tend to be based on popular of displaced people and refugees, of the permanent conciliation fears rather than established facts. and providing a framework for committees to facilitate community preventing and mediating inter- dialogue about conflicts. This What can and should be done? communal conflicts. However, the dialogue needs to go beyond Because of the extreme sensitivity absence of any conflict resolution or mediation in specific local and complexity of the issue, UNHCR peacebuilding expertise and proper land conflicts to discussing and international NGOs often feel process accompaniment for this and finding solutions to other constrained to ignore it, rather programme is deeply worrying. conflict issues. The agencies than communicate in an open and establishing the committees transparent way about the issue. Key actions for international actors must be very careful to avoid Whereas they of course have to try to to avoid refugee return causing politicisation of these committees. protect themselves from accusations conflict include the following: Maria Lange (mlange@international- based on popular perception that alert.org) manages International Alert’s they are aiding Rwandan plots ■■Base all interventions on in- project for ‘Enhanced Dialogue in to re-occupy North Kivu, these depth analysis not only of the Eastern DRC’ which is funded by the agencies also have a responsibility humanitarian situation but also European Commission. to communicate openly about what of local conflict dynamics and (http:// www.international-alert.org). they are doing and not to shy away how refugee and IDP returns from addressing the causes of conflict interact with these dynamics. The content of this article is the sole which are creating these tensions responsibility of its author and cannot ■ and leading to these accusations. ■Seek specialist assistance to be taken to reflect the viewpoints The predominance of humanitarian undertake conflict analysis and of the European Commission or of actors in North Kivu (with short- to plan and execute interventions International Alert. term staff contracts and therefore which take account of and address almost inevitably a superficial the causes of community tensions. 1. The term ‘Banyarwanda’ refers to people who have Kinyarwanda as their mother tongue. The term understanding of the causes of ‘Rwandophone’, coined more recently, is a politicised conflict) creates an environment ■■Promote dialogue between term. 2. ‘Spontaneous returns’ are refugee returns that take in which widely expressed communities about refugee return place without the facilitation of UNHCR. popular fears tend to become and facilitate direct dialogue 3. Conducted in Masisi, Rutshuru, Goma town, Byumba understood as established facts. between refugees and people and Kibuye refugee camps in Rwanda as well as with Congolese refugees in Kigali. in return areas (also involving 4. A Goma-based group of University students who The March 2009 Ihusi peace accord relevant NGOs, UN agencies and organise public hearings with youth and MPs on current foresees the establishment of Comités national and local authorities). issues. 50 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Return in the political context of North Kivu Fergus Thomas

Durable returns of IDPs and refugees into some of the most Under Article III – known as the densely populated areas in eastern DRC are never going to be a ‘Actes d’Engagement’ – of the Goma Agreement (signed in January simple exercise. 2008 by 22 armed groups and the Frameworks developed by the UN Initiatives to assist return Congolese government), all the and the Government of DRC (GoDRC) The Programme Elargi d’Assistance signatories committed themselves with international facilitation Aux Retournées, Plus (Programme to respecting international between DRC and neighbouring of Expanded Assistance to Return, humanitarian and human rights law, countries are achieving a great deal in Plus) or PEAR Plus programme, is including ending all acts of violence terms of addressing the issues around the original returns programme and abuse against the civilian return and reintegration despite the in eastern DRC. PEAR Plus is a population. This agreement, together highly politicised humanitarian/ hybrid programme, coordinated with the Nairobi Communiqué of transition context of North Kivu. by UNICEF working through 2007 plus recommendations from humanitarian INGOs in the the Conference on Peace, Security Humanitarian responses are Kivus and in Ituri to “support the and Development organised by attempting to address the issue return of the displaced as a first the government in early 2008, and of returns. However, as the state step towards a durable solution the March 2009 peace agreement re-establishes itself and asserts by making information available between the government and its sovereignty (as it should be to the humanitarian community the CNDP, forms the basis of the encouraged to do), some programmes about the return zones [and by government’s peace programme for for return risk being politically providing] assistance to returnees eastern Congo, known as the Amani influenced rather than based on in terms of shelter and non- Programme. The government’s needs and there is a considerable food items as well as the access more recent Stabilisation and risk that the independence of to education for children”.1 Reconstruction Plan for Eastern humanitarian programmes will be DRC (STAREC) emerged from undermined by political influences. In addition to providing material the Amani Programme but is in support for returning families, its very conception a political Land access and land tenure the MultiSectoral Assessments initiative, and many humanitarian issues, along with other durable (MSAs) conducted by the PEAR actors are wary of it. returns activities, make up a Plus programme are made available larger package of which the sum to the larger humanitarian In mid 2008, the UN published total is the herculean task of community through the Clusters. the International Security and strengthening state authority in These assessments, now numbering Stabilisation Support Strategy the DRC. It is encouraging then in excess of 900 covering 940 (ISSSS), with the aims of that UN-HABITAT and UNHCR communities, have proved to be an consolidating peace gains and are working to promote a focus on innovative contribution to informing creating longer-term recovery and land tenure issues at the political coordinated responses to returnees development, stabilising eastern level in North Kivu and in Ituri. by the humanitarian community. DRC, and creating a protective environment for civilians for returns and for stabilisation.2

The abrupt closure of the IDP camps outside Goma in September 2009 still gives rise The STAREC plan incorporates to heated debate among the humanitarian community in North Kivu. What is clear, both the main elements of the however, is that, despite careful ground work by the camp mangers, UNHCR, the Amani Programme in terms of Governor of North Kivu and the Norwegian Refugee Council, the closure of the camps monitoring the Goma Agreement called into question the level to which the IDPs comprehended their freedom of choice and the key elements of the ISSSS. to return, or to remain in the camps. The UN system has agreed that STAREC will function as the “We were told to leave by government people with loudspeakers; the camp was full of primary framework for stabilisation police and we became very frightened; we heard gunfire…We were told that it was safe in the east and is in the process to return home but that is not true….” of establishing a Stabilisation and Recovery Funding Facility A lesson-learning exercise by the Camp Coordination and Camp Management working to strengthen the overall impact group conducted in early 2010 looked at the process of consultation and at protection and effectiveness of international in places of return, acknowledging that the camp closures were politically driven and support to the GoDRC by ensuring a inappropriate. collective approach and preventing duplication and fragmentation of DEMOCRATIC REPUBLIC OF CONGO 51 FMR 36

efforts; the approach to date has 40,000 Congolese refugees who fled providing pragmatic humanitarian consisted of fragmented and stand- North Kivu during the ethnic wars approaches to assist returnees, the alone interventions with significant of 1993 and in the aftermath of the STAREC/ISSSS plan, now in its transaction costs for coordination. 1994 Rwandan genocide.3 To date, infancy and possibly providing the no timeline has been made public best and most nuanced framework The rolling out of STAREC and concerning the closure of the refugee for moving forward with sustainable ISSSS will need to be evaluated camps within Rwanda and there has return and reintegration, and a more in the coming months; it is an been little indication of spontaneous problematic Tripartite Agreement ambitious plan and some in the return to DRC. Voices from both which at the time of writing could humanitarian community would the international NGO community well be undermined by the reality argue that it is risky because it is so and Congolese civil society have of population movements over a closely aligned to the government. expressed concerns, however, porous international frontier. The On the other hand, any good that there have been spontaneous success or failure of these tools will transition programming must movements of people into Rutshuru stand on how far the government position the government in the and Masisi, most of whom are and donors remain committed to lead. STAREC’s success will be allegedly unable to prove Congolese durable solutions. The challenge contingent firstly on basing itself nationality and are unrecognised for the humanitarian community on good, transparent governance, by local village leaders. These will be to ensure that political and secondly on its ability to movements are already causing engagement is maintained, whilst include the whole humanitarian tensions in parts of North Kivu assistance continues to go to those community, listening to both the that already experience a complex judged to be most vulnerable. target communities and NGOs; only dynamic in terms of ethnicity and through comprehensive consultation demography. Many humanitarians Fergus Thomas (fergust@hotmail. with all of the stakeholders can feel that these population movements com) is Stabilisation Coordination a durable and sustainable return are based on a political decision Officer for North Kivu with MONUSCO in North Kivu be achieved. that pays little heed to whether (http://monusco.unmissions.org) and conditions for return are right. was previously the Eastern Congo Finally, in February 2010 the coordinator for Concern Worldwide. Tripartite Agreement between the There exists, then, a set of tools 1. http://www.unicef.org/wcaro/2009_2961.html GoDRC, Rwanda and UNHCR paved and agreements aiming to facilitate 2. http://monuc.unmissions.org/Default.aspx?tabid=4514 the way for the return of more than returns in North Kivu: PEAR, 3. See article by Maria Lange pp48-9. Of tripartites, peace and returns Steve Hege After international agreements covering the return of refugees to was the return of these members Equateur and North Kivu, the challenge is to create local structures of his Congolese Tutsi community. In order to facilitate this process, that can make the agreements work. the March 2010 peace agreement After international agreements seek to reinforce a shift away from committed to the establishment of covering the return of refugees authoritarian decision-making styles local pacification committees which to Equateur and North Kivu, the to those of consensus.1 In DRC they are a type of LPC. The committees challenge is to create local structures face a wide range of challenges, are being progressively established that can make the agreements work. but nonetheless constitute unique in North Kivu province, composed peacebuilding opportunities for these of local authorities, customary In the first half of 2010, the facilitated returns chiefs and civil society actors, Government of DRC signed two along with equal representatives separate tripartite agreements with Returns to North Kivu of all ethnic groups present in neighbouring countries and UNHCR In February, the Congolese each groupement (a territorial concerning refugee returns. Caused government concluded a tripartite subdivision). Although many efforts by distinct conflicts at opposite ends agreement with the Rwandan have been made to set up these of DRC’s vast territory, both refugee government and UNHCR to set the LPCs, they will have to address a populations have been particularly stage for the return of Congolese number of complex challenges. contentious. Moreover, these two Tutsi refugees to eastern DRC from returns processes are predicated on camps in Rwanda. The majority of Above all, there is significant concern the effective establishment of local these refugees escaped to Rwanda that the LPCs will not be able to act peace committees (LPCs), inclusive between 1994 and 1996, when over a impartially in view of the territorial bodies which aim to promote million Rwandan flooded into expansion and dominance of the dialogue and mutual understanding the Kivu provinces in the aftermath CNDP in return areas. Since their as well as to facilitate collective of the Rwandan genocide. One of partial integration into the Congolese measures to resolve problems and the principal demands of the CNDP army in exchange for Rwanda’s arrest mitigate risks of violence. LPCs rebel group2 led by of Laurent Nkunda in January 2009, 52 DEMOCRATIC REPUBLIC OF CONGO FMR 36

Finally, divergent electoral and political interests – of the government of DRC, the CNDP and Rwanda – may either lead to precipitous advances or significant hold- ups in the returns process leading up to the Presidential elections in 2011, thereby threatening the autonomy and functioning of the LPCs in North Kivu.

Returns to Equateur A second tripartite agreement was reached in June 2010 for the return of over 115,000 refugees who fled to the Republic of Congo – Brazzaville (RoC) as a result of an insurgency which rocked the western province of Equateur

UNHCR/K Barnes starting in mid-2009. The agreement calls Repatriation from Zambia to Moba, Katanga, DRC, May 2009 for an amnesty as well as the “urgent the CNDP has quadrupled the terrain will not be monitored by UNHCR establishment of an inter-community under its exclusive control and defied which is only mandated to deal with reconciliation mechanism.”5 This orders to be re-deployed outside the those in camps. There have been LPC was already established in Kivus. Despite a formal dismantling credible signs already that CNDP August and has achieved some of their much-criticised parallel officers have been facilitating the progress in promoting dialogue, civilian administration, the CNDP movement into the Kivus of Rwandan but it faces challenges equally as continues to exert control over all citizens claiming to be spontaneous daunting as those in North Kivu. aspects of life in many areas still off- Congolese returnees. While the LPCs limits to other Congolese authorities. should be able to handle the camp Foremost among these will be the This reality is likely to compromise population, controversies about the socio-economic tensions between the the LPCs’ capacity to achieve nationality of other populations may Lobala and Boba tribes which gave consensus around the returns very well overwhelm their capacities.3 rise to the insurgency. The Lobala’s process in an autonomous fashion. historic homeland is Dongo Sector Violent conflict over land will but the Boba have progressively The next critical challenge for also certainly pose a significant assumed administrative and the LPCs in North Kivu will be challenge to the LPCs in North Kivu. economic power in the capital determining the nationality and Often at question are large farming city of Dongo Centre. As a result, origin of the potential returnees. concessions as well as smaller plots Lobala political leaders supported After years of Rwandan backing that Tutsis sold off at bargain prices the rebellion in the hope of forcing of proxy rebel groups following its in their rush to flee for Rwanda. the national government to make all-out occupation of eastern Congo While some spontaneous refugee socio-economic concessions to their (1998-2002), many Congolese are returnees have peacefully re- tribe. In late October 2009, after deeply fearful of perceived attempts purchased their old land, non-Tutsi calling on all Boba to vacate the to re-populate the Kivus with farmers have been the victims of a city, rebel forces attacked Dongo communities loyal to the CNDP pattern of land expropriations. While Centre, burning down half of all the leadership and some of its supporters customary leaders have historically homes and killing over 300 people.6 in Rwanda. The CNDP and the played an important role in land Rwandan government have defended allocation, the CNDP now defends The extensive trauma and claims that there are over 150,000 dubious land titles which were personalisation of the violence in non-registered refugees outside obtained during the war and never Dongo Sector will be no easy task to the camps whose potential return harmonised with traditional practice.4 overcome. Deep-seated animosities DEMOCRATIC REPUBLIC OF CONGO 53 FMR 36

led many Lobala residents of Dongo Precisely because they rely on mitigate and address the numerous Centre to participate in the October ‘soft’ power though, LPCs remain obstacles to a durable return in attack and many fled to the RoC to vulnerable, particularly to being both North Kivu and Equateur hide among their families in the co-opted or distorted by national provinces. These include inter- refugee camps. As the amnesty actors and local spoilers. While community tensions, ongoing called for in the tripartite agreement some radicals can be brought on socio-political conflicts, amnesties, would not cover the perpetrators of board, LPCs must expose and land conflicts and questions of the massacres at Dongo Centre — insulate themselves from hidden nationality. The contributions of considered mass atrocities under agendas aimed at undermining their LPCs are thus critical but their international law – the LPC will also independence. Similarly, ongoing roles all the more vulnerable. struggle to mitigate the fallout of a efforts must be made in both North limited exoneration for returnees. Kivu and Equateur to ensure broad The LPCs in the Congo will not be local and national buy-in for the operating under ideal circumstances Furthermore, despite the fact that credibility of LPCs as the security and consequently will require the rebel leader, Odjani Mangbama, and political contexts evolve. significant external support not only has already surrendered to Republic to provide guidance and technical of Congo (RoC) authorities, he has LPCs must also be wary of assistance but also to bolster and not been extradited to the DRC. The establishing themselves as protect them from numerous threats Dongo LPC will additionally have alternative decision-making bodies. related to facing these challenges. to overcome entrenched patterns When LPCs have been given too While these LPCs cannot alone of dispute resolution substantially much power, they can easily be be expected to compensate for based on pay-offs to local leaders, transformed into competitive the shortcomings of the political which neglect underlying political arenas, thereby undermining contexts in which they operate, with and socio-economic issues. Finally, their distinctive role as facilitators sufficient national and international as Equateur province has been a of dialogue and consensus. backing to mitigate certain risks bastion of political opposition to Furthermore, when national actors they can contribute positively. President Kabila, any intervention fail to settle explosive structural They are not panaceas but LPCs in by the national government is challenges, although local leaders the DRC do represent important potentially viewed with suspicion may have unique insights, it is opportunities to accompany these and mistrust. unrealistic to overwhelm LPCs with complex returns processes. the task of resolving deeply-rooted Limitations and keys to causes of conflict. As such, LPCs in Steve Hege (stevehege@ success for LPCs Congo should be wary of the extent peaceappeal.org) is an associate Extensive research has demonstrated to which they are tasked with issues with the Peace Appeal Foundation that the success of LPCs is critically beyond their means or required (http://peaceappeal.org/), and dependent on a number of factors.7 to deliver judgments, be they on is also a member of the Group First, LPCs are most appropriate in land and nationality in North of Experts for the DRC appointed settings where local government Kivu or politico-administrative by the UN Security Council. structures are too weak, politicised arrangements in Dongo Sector. or lacking sufficient legitimacy to Reports of the Group of Experts tackle intricate issues. LPCs should Finally, LPCs have been seen to for DRC: http://www.un.org/sc/ also only be established when flourish when there is a strong peace committees/1533/egroup.shtml the context is suitable to softer agreement which most local actors approaches to peacebuilding and consider to reasonably reflect their Index of UN Security Council where the forceful implementation principal interests and concerns. publications on DRC: of political agreements would risk However, neither return process in http://tinyurl.com/UN-DRC-docs inciting further conflict. As such, the DRC is set to take place in such 1. Andries Odendaal and Retief Olivier, ‘Local Peace LPCs appear to be quite appropriate a context as both rebellions were Committees: Some Reflections & Lessons Learned’, responses to complex return halted by the opaque surrender Academy for Educational Development, 2008. http://tinyurl.com/Odendaal-Olivier-LPCs processes in fragile environments or capture of the principal rebel 2. National Congress for the Defence of the People such as in Equateur and North Kivu. leaders by neighbouring countries. (Congrès national pour la défense du peuple) No peace deal exists in Equateur 3. Refugees International, ‘DR Congo: Unstable Areas Endanger Returns’, 20 April 2010. Moreover, it is crucial that LPCs and the March agreement appears http://tinyurl.com/RI-DRC-April2010 maintain a balance between to simply be the public version of 4. IRIN, ‘DRC-Rwanda: Land rows complicate refugees’ moderates and radicals in their veiled promises to the CNDP. returns’, 2 July 2010. http://www.irinnews.org/report.aspx?Reportid=89708 composition. Important more See also article by Baptiste Raymond pp20-1. extreme positions must be included Conclusion 5. DRC Tripartite Agreement with UNHCR & RoC, 5 but tempered by community Most refugee returns require a June 2010. http://tinyurl.com/RoC-Tripartite 6. Refugees International, ‘DR Congo: Spotlight on the leaders who are respected across commitment to often imperfect Equateur Crisis’, 31 March 2010. conflict lines and capable of mechanisms to confront lingering http://tinyurl.com/RI-DRC-March2010 anchoring and stabilising the local tensions as well as to facilitate 7. Personal and email communications with Andries Odendaal, Jennings Randolph Senior Fellow at the US dialogue process. The LPCs in practical aspects of the reintegration Institute of Peace, March 2010. North Kivu and Equateur must of large populations. DRC has See also http://www.mefeedia.com/watch/31185424 bolster the leadership of participants handed significant responsibility with these unique qualities. to formal local peace structures to 54 DEMOCRATIC REPUBLIC OF CONGO FMR 36 Foundations for repatriation and peace in DRC Vanessa Noël Brown

Parties to the protracted Congolese conflict have long promoted theatre performances are land/ fear of ‘the other’ and a thirst for revenge; these attitudes must be property disputes, conflicts related to assistance for returnees, inter- addressed if peace is to have a chance. community tensions, rumours and In 2010 there has been a steady DRC.1 Actors trained by SFCG in manipulation, and conflicts related to return of Congolese refugees from conflict transformation skills and pervasive insecurity and a weak state. Zambia and the beginnings of an participatory theatre techniques official process for the return of travel to refugee camps in Tanzania, SFCG also produces radio and refugees from the camps in Burundi. Burundi and Zambia, as well as television programmes to promote Returns to South Kivu from Tanzania, throughout the refugee return peaceful reintegration of Congolese however, have been at a standstill zones in South and North Kivu and returnees in eastern DRC. These due to persistent insecurity in Katanga provinces (primarily in initiatives seek to impart accurate, return zones while North Kivu’s Uvira and Fizi territories in South impartial and responsible information repatriation process remains highly Kivu, Moba and Pweto in North about the repatriation process, politicised. The return of Congolese Katanga, as well as North Kivu). while highlighting non-violent and refugees from Rwanda and Burundi collaborative approaches to conflict. is expected to be problematic given Live theatre mirrors the conflicts A 2008 UNHCR evaluation of the ethnic minorities involved, and that the target populations SFCG work around the repatriation what stability currently exists may have experienced and, with the process found that exposure to these deteriorate. NGOs have an programmes led to important role to play in increased knowledge advancing reconciliation, of conflict resolution SFCG social cohesion and resources, repatriation healthy relationships in information and non- refugee return zones. violent methods of reconciliation including This article explores noted positive changes in Search for Common attitudes related to ethnic Ground (SFCG) initiatives tensions, land disputes to educate refugees and and the integration of the communities in the repatriated refugees.2 return zones about the conditions of repatriation Refugees, return and and reintegration, to build community building trust across ethnic lines, SFCG’s refugee-focused and to shift attitudes to initiatives are cross- favour the fight against border, such as the sexual and gender-based weekly radio programme violence. SFCG’s arts-based Wote Tukutane Tena approach in disseminating (‘We All Meet Again’), conflict management skills broadcast in return zones highlights how international Participatory Theatre for Conflict Transformation in North and South non-governmental Kivu and north Katanga initiatives can address the province, as well as on psychosocial needs of both returning participation of the audience, the radio stations reaching refugee camps refugees and residents alike. actors search for non-violent solutions in Burundi, Tanzania and Zambia. to the conflicts, highlighting key In DRC, SFCG (known locally information as well as collaborative Returning refugees often encounter as Centre Lokolé) collaborates attitudes and behaviour. The theatre negative attitudes by residents with 100 local partners including troupes perform under the banner who remained in country, based radio stations, youth associations, of Jirani ni Ngugu (Swahili for ‘My on the perceived ‘injustice’ that the religious organisations and civil Neighbour is My Brother’), the refugees benefited from assistance society networks. Since 2005, the name of SFCG’s popular Swahili in the camps, as well as during their Participatory Theatre for Conflict radio drama that addresses the repatriation and reintegration, while Transformation has reached 1.6 issue of conflict and collaborative residents suffered during the war and million Congolese in refugee solutions. The most common do not receive assistance. Addressing camps and return zones in eastern conflicts addressed through the these tensions requires an approach DEMOCRATIC REPUBLIC OF CONGO 55 FMR 36

that highlights a common interest, Silence’ to large crowds and small soldiers, one-third of respondents focused on a shared and prosperous groups.4 By early 2010 the film had said it was because it was “practical” future involving both residents and been shown before some 400,000 while one-sixth of soldiers said that returnees. SFCG’s goat credit project, people in North and South Kivu it touched their conscience more in collaboration with local partner and north Katanga provinces. The than simply receiving orders. GASAP, seeks to build trust across film clarifies key issues around rape divided communities. The community and sexual violence, explaining the Foundations for sustainable peace forms a committee to determine 2006 law to combat sexual violence. Peacebuilding involves numerous those with the greatest needs in the Facilitated discussions after the overlapping elements. By listening to community, and gives one of them screenings address attitudes which SFCG-produced radio programmes a goat. The goat’s offspring is given often favour impunity, complicity and watching participatory theatre to another person also identified as or rejection of rape survivors. The performances, refugees return to needy but who comes from a different film’s four versions target a mass their communities equipped with subgroup in the community. The audience, a youth audience, couples, improved conflict resolution skills project addresses divisions based on and political/military authorities. to address the challenges they will ethnicity and tribe as well as divisions inevitably face upon their return between returnees and residents, Surveys of audience members before home. SFCG’s approaches address the making the goats a common point and after the film show a marked psychosocial reintegration of refugees. of interest across diverse identities. gain in knowledge and shift in Many obstacles remain – such as the The project provides a model of attitudes. Following a screening in a skills shortage among local radio good practice for working together Uvira for the military, for example, journalists as well as limited support as a community – not only in a soldier commented, “For me this for initiatives specifically targeting terms of building livelihoods but mother [who testified] looks like reform and training within the also in mediating local conflicts. my mother. I feel an incredible pain Congolese army and police force – after what happened to her… it is but progress is being made. If we are SFCG also uses media programming necessary that the law be respected to build a foundation for sustainable and cultural events to reintegrate and applied to everyone [regardless peace, returnees and residents alike former child soldiers and to bring if he is military or civilian].” need to be supported in establishing youth together in refugee return strong collaborative communities. zones. An SFCG team of young The screenings complement journalists produce a weekly show a larger civilian protection Vanessa Noël Brown (VanessaB@ that stresses the impact of conflict project implemented by SFCG gmail.com) currently works as a US- on Congo’s children. In 2007 SFCG in collaboration with FARDC, based Refugee Officer; prior to that, organised a drumming festival in the national army which is she was a Visiting Scholar at Search Baraka and Fizi involving Burundians consistently denounced for its for Common Ground in . and alongside groups abuses against civilians. The 1. SFCG has 6 offices across DRC with 70 Congolese from other South Kivu tribes. In project trains committees within staff. Programme examples were provided by SFCG- 2008 the drumming festival brought brigades and battalions in five DRC Country Director Lena Slachmuijlder and Projects Manager Mike Jobbins. together 100 Rwandan, Burundian provinces, equipping them with 2. Gordan, G, ‘UNHCR Evaluation of SFCG and Congolese of North and South multimedia interactive educational Programming in the DRC’: Kivu for a tour through Rwanda tools to use within their units. http://www.sfcg.org/sfcg/evaluations/drc.html 3. http://www.oxfam.org.uk/resources/policy/conflict_ and North and South Kivu. disasters/sexual-violence-drc.html Although eradication of sexual 4. IF Productions Combating gender-based violence violence in Congo is an uphill battle, http://www.ifproductions.nl/fightingthesilence/ An April 2010 Harvard/Oxfam study shifting soldiers’ attitudes towards conducted in South Kivu highlighted rape is an essential component in the fact that beyond widespread changing social norms. In 2009 SFCG Toolbox military rape, civilian perpetration of conducted a survey of 300 civilians SFCG has developed a broad array of sexual violence is now recognised as a and 100 soldiers in Goma to measure operational methods, including well- major problem.3 It found that between the impact of participatory theatre known conflict resolution techniques, 2004 and 2008, reports of military and other sensitisation sessions such as mediation and facilitation, rapes decreased by 77% but in the conducted in partnership with the and less traditional ones, such as same period there was a staggering Congolese army. In one instance, TV productions, radio soap opera 1,733% increase in the number of a military-civilian theatre troupe and community organising. We civilian sexual assaults reported. performed sketches about human have found that employing several rights violations and conflicts within tools at the same time increases SFCG uses radio and television their unit, after which 72% of the their overall effectiveness. production, participatory theatre and soldiers surveyed said that they sensitisation approaches with the identified with the conflict and More information, and links to Congolese army to combat sexual and 96% said they had subsequently training materials, can be found at: gender-based violence. In addition, applied its lessons. In response it uses a mobile cinema project to to why the theatre sessions left http://www.sfcg.org/programmes/ reach hundreds of thousands of lasting impressions compared to drcongo/tools.html people in refugee return zones, standard military parades where projecting the film ‘Fighting the the commander gives orders to the 56 GENERAL ARTICLES FMR 36 What hope for IDPs in a new Sudan? Taghrid Hashim Ahmed

The most probable outcome of the 2011 referendum is that In reality the current regime has Southern Sudan secedes from the North, breaking Sudan into two yet to keep its promise and deliver equal shares of oil revenues in independent nation states. particular. The revenue is required The last of Sudan’s civil wars between IDMC in 2008 estimated that between for capacity building in the South; the North and the South ended in 1.3 and 1.7 million IDPs mainly without it Southerners who may 2005 with the Comprehensive Peace from the South live in choose to return will have nothing to Agreement (CPA). The wars have among the other communities.2 return to. Infrastructure and socio- caused the displacement of more economic security and stability need than four million people and the It is crucial to emphasise that to be in place before they can enjoy death of more than two million only about a third of the southern the effects of independence and Southerners. The CPA mandated Sudanese IDPs living in Khartoum secession. Returning IDPs may not be both North and South to make unity were registered to vote in the 2010 guaranteed jobs and their children attractive, while also paving the way elections, as only a third of them may not have access to education. for the South to hold a referendum to were considered to exist according decide whether to secede. However, to the (Northern) National Congress Citizenship there will be numerous challenges Party (NCP). The key question now If secedes from the during the preparations for the is: will all 1.3 million or more IDPs be North, it will not be the first time referendum and after any secession. registered to vote in the referendum? in recent years that an African The two particular questions nation faces a citizenship crisis. that need to be addressed are Guaranteeing all southern Sudanese Comparisons can be drawn with whether all the internally displaced a chance to vote will be costly and in the Eritrea-Ethiopia experience. As persons (IDPs) in Khartoum will some cases impractical as both sides a result of a referendum, Eritrea have the chance to vote, and what are reluctant to finance or manage the peacefully seceded from Ethiopia their citizenship will be after logistics. Both sides need to ensure in 1993 with both sides agreeing secession if that is the outcome. that there will be enough registration to respect the rights of citizens and polling stations in and around living on either territory by issuing Voting in the referendum Khartoum to hold a fair referendum. dual nationality.3 In Sudan no such The population statistics deriving However, a fair referendum may not agreement has been reached thus from the 2008 census in Sudan will be to the advantage of either side. far. In 1998, however, a conflict over be used to determine how power The SPLM fears that many IDPs may borders led the Ethiopian government and wealth are to be distributed if in fact vote for unity if they have to expel and deprive many Eritreans and when secession is realised. To security in the North in terms of of citizenship as a vote for the ensure a proportionate distribution, jobs and education. In September referendum was considered a vote all individuals from southern Sudan 2006, the International Organization for repatriation to Eritrea. Eritrea should have been counted, including for Migration discovered that has also expelled and denationalised displaced persons in the camps in 25% of IDPs in the North had no those of Ethiopian origin. and around Khartoum. The Central intention of returning to the South Nevertheless, irrespective of being Bureau of Statistics (CBS) stated and the number of Southerners treated as foreigners and second- that Southerners constitute 21.1% of in the North is ever increasing. class citizens with no protection of Sudan’s total population compared their rights, and ultimately stateless, to 78.9% of Northerners.1 The figure On the other hand, the NCP is many of each nationality decided of 21.1% has been contested by the concerned that if the IDPs are to remain in the other’s territory. First Vice-President Salva Kiir, a encouraged to resurrect memories Southerner, who suggests that over of the suffering and ill-treatment It is difficult to assess at this point 33% is a more accurate estimate. that was imposed on them for whether or not the Southerners will several decades by the North, they be expelled from the North and One reason for the low numbers will vote for secession and this vice versa if there is secession. is that many IDPs in camps and will lead to a tighter control of It has been suggested by high- squatter areas around the capital resources by the South, which would ranking officials that, despite were ignored. In May 2009 the not be welcomed by the North. it being contrary to the CPA, CBS announced that only 520,000 Southerners in the North who vote southern Sudanese live in and Recognising the need for equitable for secession will not be entitled around Khartoum compared to the wealth sharing, the CPA mandated to citizenship of North Sudan. 2 million estimated by the southern that wealth allocation “shall be based Sudan People’s Liberation Movement on the premise that all parts of the And if the Southern IDPs choose (SPLM). A survey completed by Tufts- Sudan are entitled to development”. to remain in the North, they will GENERAL ARTICLES 57 FMR 36

continue to live under shari’a law as the NCP has no intention of governing a secular Sudan. There is some question of the extent to which the Southern non-Muslims’ human rights will be protected, especially if they end up having to live as ‘foreigners’ in the North.4

Sudan has not ratified the 1961 Convention on the Reduction of Statelessness, and therefore it has no international obligation as a contracting state to ensure that Southerners can acquire Northern nationality and not be denied it “on racial, ethnic, religious or political grounds”. Religious and ethnic tensions may arise, and it is not

inconceivable that certain groups IRIN/Badru Mulumba will resort to violence. There has In Aweil, Bahr el Gazal, returnees to southern Sudan are enrolled in farmer field schools and farm been no public discussion as yet of cooperatives. “...in the North we were only working as labourers on others’ farms,” said Chol Luka Wol any contingency plans to counter Wol, who attends a returnee farmer field school near the border. “Now we work our own farms.” In violent eruptions or new conflicts. December 2009, Wol had organised 24 other families and walked for 15 days to Aweil. “We [thought if] Southern Sudan would break [away] we would not get a place to stay in the North,” he said. As the CPA was designed to promote unity, there is no indication as to as secession would mark the end of Taghrid Hashim Ahmed (ahmed. what citizenship the displaced their struggle and of the conflict, in [email protected]) has a Southerners could acquire. To date which case they no longer have a degree in international relations and neither the North nor the South well-founded fear of persecution. international development and an MSc has declared what citizenship in contemporary conflict and violence. people of the new Sudan would If UNHCR decides to adopt the 1. See October 2010 CPA Monitor p12, 103. be entitled to. If the people who policy of cessation and classify http://tinyurl.com/CPAMonitor-Oct2010 originate from the South cannot Southerners in the North as 2. http://tinyurl.com/Tufts-IDMC-Khartoum choose their own citizenship – i.e a group that is no longer in 3. See article by Katherine Southwick on ‘Ethiopia- Eritrea: statelessness and state succession’ in FMR 32 at Northern or dual citizenship – they need of protection, then the http://www.fmreview.org/FMRpdfs/FMR32/15-17.pdf may become stateless if they decide international community should 4. As of November 2010, UNHCR had been in discussion to remain in the North. They may at least offer durable solutions in on a range of issues with both Southern and Northern leaders, the and UNMIS but had not been not even be entitled to refugee the South. If forced to repatriate, asked to participate formally as an expert adviser in the status if the cessation clause is Southerners will have great working group on citizenship. See also http://untreaty. un.org/ilc/summaries/3_4.htm for the International Law applied. Southerners will not be need of homes, livelihoods Commission on ‘Nationality in relation to the succession eligible to apply for refugee status and a sense of community. of states’ Rumour versus information Adam Saltsman

Central to Iraqi refugees’ efforts to resolve the question of their resettlement. They feel that a greater immediate future is their access to good information about flow of information could pose challenges to managing the refugee resettlement and return. population and could give rise to A study conducted in Jordan in 20091 for Iraqi refugees. Yet according to increased numbers of fraudulent shows that a lack of information the findings of the study, answers resettlement claims. While mass and transparency contributes to queries about the resettlement information campaigns have been to a dynamic of despair among adjudication process, conditions in used as a tool to mobilise refugee the displaced and exacerbates countries of resettlement, and the communities toward repatriation or conditions that motivate them to reality awaiting repatriating Iraqis do local integration,2 this strategy is less give credence to hearsay in making not flow freely. Those who manage used to inform about resettlement. decisions about their future. these durable solutions – UNHCR, IOM, embassies and government To the agencies that facilitate durable Regional governments in the departments – are hesitant about solutions for Iraqis in the Middle Middle East firmly assert that refugees being informed about such East, information about resettlement local integration is not an option issues, particularly when it comes to and about repatriation are unequal 58 GENERAL ARTICLES FMR 36

in their political sensitivity. While refugees’ queries about their options involved in resisting the standard information about repatriation for the future. resettlement referral process. is sensitive in that, if incorrect, it could endanger a returnee, some see As examples, during the interviews With communities of Iraqi refugees information about resettlement as on which this article is based, 20% divided and often far from UNHCR potentially threatening the integrity of all respondents claimed to believe offices, outreach requires careful and stability of the screening process. or to have heard rumours that the strategies, and the diffuse dynamic more one exaggerates ones story of urban refugee situations requires Embassies in particular express during a resettlement adjudication an outreach effort that extends concern that detailed knowledge hearing, the more likely one is to be beyond the capacity of UNHCR among Iraqis about the conditions accepted for resettlement. The most alone. Mass information campaigns in different countries of resettlement common set of rumours involved are required but both humanitarian would encourage them to make the fear that Iraqi refugees would be and advocacy NGOs have a role comparisons and then pursue their cut off from assistance and would to play for more individualised, ideal, despite the fact that refugees do then be forcibly returned to Iraq. smaller-scale arenas for information not have a choice over which country Nearly 40% of respondents had heard provision. Humanitarian NGOs UNHCR refers them to. At the same negative rumours about life for Iraqis typically are in regular contact time, UNHCR has a policy not to resettled in the . Several with large numbers of Iraqis and inform excluded Iraqis that they will respondents cited rumours about these organisations can incorporate not be referred for resettlement. mistreatment of those who return. the task of providing information into their existing structure. Case Providing information The primary sources of information managers from humanitarian Iraqis displaced in the urban areas were other displaced Iraqis in organisations can receive new of Syria, Jordan and elsewhere their community, followed by queries as well as distribute accurate in the Middle East have access to information from Iraqis who details about durable solutions a variety of media, and families had already resettled, who had to large numbers of people. Such often congregate around the repatriated, or who had remained NGOs also often collaborate with television for news about home. in Iraq. As a result, knowledge refugee-led organisations, which TV advertisements may appear among respondents tended to be may be more aware of information in the near future, updating Iraqi more accurate about extremely local needs and which may be able to refugees about the option of return. issues such as the conditions on the disseminate important details more For now, though, some NGOs streets in in areas where widely than international NGOs. have initiated efforts to print relatives lived or neighbourhoods in Advocacy groups playing the role flyers and create Facebook pages particular American towns where of official representatives in the to spread awareness among Iraqis friends had resettled; more general adjudication process may be better about the repatriation programme information was less accurate. equipped to give more direct and supported by the Iraqi Ministry concentrated legal advice to smaller of Displacement and Migration. Information provision in numbers of refugees; these groups an urban setting are also well positioned to call for The question remains as to whether Not all of the challenges to providing greater transparency from those Iraqi refugees give credence to information are specific to an urban international bodies managing this information when it is seen setting. In protection guidelines for the durable solutions process. as coming from sources that they camp contexts, UNHCR cites many may not trust, such as the Iraqi of the same challenges.3 However, Adam Saltsman ([email protected]) government or humanitarian or information provision to refugees is a PhD student in the Department UN agencies. While there are no in an urban setting does require a of Sociology at Boston College. As mass information campaigns in the different set of strategies from those a research fellow over the summer context of Iraqi displacement that commonly used in camp settings. of 2009 he was based at CARE deal with the topic of resettlement, International’s office in Jordan. 80% of this study’s respondents Information activities dealing had approached UNHCR, IOM with resettlement can try to avoid The opinions expressed in this article or various embassies to attempt contributing to the rumour mill as are solely those of the author and to learn more about conditions much as possible by disseminating do not reflect those of CARE or any in countries of resettlement and knowledge through more intimate other organisation mentioned. the resettlement process. means, such as counselling sessions, 1. Adam Saltsman, ‘Facing an Uncertain Future: dialogue groups attended by Improving CARE’s capacity to provide displaced Iraqis Despite the numbers of Iraqis being information experts, and information in Jordan with information on resettlement and return’, November 2009. resettled, a large number of those resource centres open to all Iraqis. 2. UNHCR has supported a diversity of information displaced are still uncertain about While making more transparent campaigns in many rural and urban displacement contexts, such as Thailand and Africa’s Great Lakes their immediate future and have the details about the resettlement region. been for years. Different rumours process and conditions in different 3. UNHCR, ‘Operational Protection in Camps and circulate amid different communities resettlement countries, one-to- Settlements: A reference guide of good practices in the protection of refugees and other persons of concern’, and there are no programmes that one sessions with counsellors Solutions and Operations Support Section, Division of reach out into urban neighbourhoods or advocates must also instil International Protection Services, 2006. http://www.unhcr.org/448d6c122.html to monitor the changing dynamic of awareness in refugees of the risks GENERAL ARTICLES 59 FMR 36 The displaced also protest Freddy A Guerrero and Estefanía Vanegas

Displaced people in Colombia are resorting to mass Those demonstrating have usually demonstrations to persuade their government to assume its exhausted the legal pathways open to them and are acting from responsibilities towards them. desperation. These protests seem to Decades of armed conflict in poverty.”2 The occupation lasted 11 have achieved little in the long term, Colombia have displaced more than days until an agreement was finally however. Although the protests may three million people, primarily signed with Acción Social3 and the have increased awareness of the in rural areas – indigenous Mayor’s Office of the municipality problems faced by the displaced, communities, people of African of Buenaventura, where these two it is fairly clear that negotiations descent and small farmers. In institutions made commitments to with the protest leaders aimed only 2009 the national forum of the provide the necessary assistance. to remove them and to return the Constitutional Court of Colombia, occupied locations in the cities to in a sitting following ruling T-025 of Around the same date, 23 July, some ‘peace’ and ‘security.’ The ‘solutions’ 2004 that declared displacement to be 500 displaced families occupied provided for the protesters were an “unconstitutional state of affairs”, land in Santa Marta (capital of aid-based and did nothing to declared that the state’s response to the department of Magdalena), tackle the underlying problems the crisis had been neither integrated demanding their right to housing but such as the re-establishment or nor coordinated. Particular attention also complaining of a lack of care and restitution of land, access to housing was called to issues of access to rights delays in the provision of subsidies and income generation. National among the displaced population and aid. The occupation lasted a government needs to do far more including the problems of restitution month, during which time the police if these issues are to be resolved, of land, home and income.1 attempted to remove them on two people’s rights respected and occasions. When an international people’s livelihoods restored. Given the lack of effective action agency started negotiations to build by the state, displaced people have some homes, the Mayor’s Office of Freddy A Guerrero (tibacuyes@ resorted to collective actions – known Santa Marta opposed their plans, yahoo.es) is National Advocacy as ‘de facto procedures’ – such as stating that no land was available and Coordinator with the Jesuit Refugee protests and occupations in order to that the displaced people had taken Service, Colombia, and Estefanía raise awareness of their situation and this property from a coal company. Vanegas (estefaniavanegas@gmail. to demand fulfilment of their rights. It appeared, however, that “existing com) teaches at the Pontificia documents indicate that the Mayor’s Universidad Javeriana in Bogotá The action that gained the most Office currently owns that land and also works on a voluntary basis media coverage was the occupation although [Colombian coal company] for the Jesuit Refugee Service, in 2009 of the Tercer Milenio (Third Prodeco is interested in establishing Colombia (http://www.sjrlac.org/). Millennium) Park in the country’s a dry coal depot on the site.”4 1. ‘Manejo del desplazamiento por parte de Acción Social capital, Bogotá. The occupation recibió críticas de la Corte Constitucional’, El Tiempo, involved 2,000 displaced people from In Medellín (capital of the 11 July 2009. 2. ‘Buscan salida a protestas de desplazados’, El País, all over the country and lasted for six departament of Antioquía), on 29 Cali, 27 July 2009, Adonay Cárdenas. months, ending only – on 2 August August several displaced people 3. The government body responsible for coordinating – when protest leaders signed an occupied the cathedral demanding care for displaced people in the country. agreement with the government and humanitarian aid and access to land 4. Boletín No. 11, Codhes, July-August 2009. 5. ‘Desplazados salieron de la Catedral Metropolitana the Mayor of Bogotá that included and education. The occupation lasted de Medellín tras lograr un preacuerdo’, El Tiempo, commitments on economic support just one day before an agreement 1 September 2009. and access to livelihood projects. was reached with Acción On 21 July, in the southwest of Social for them the country, protesters in the to leave the district of Buenaventura took over cathedral and buildings belonging to the district meet for further JRS/Freddy Guerrero JRS/Freddy government’s Unit for Attention discussion of and Guidance of displaced persons, their demands. following its failure to fulfil economic “We have aid commitments made by national resorted to de government and in protest against its facto procedures poor treatment of displaced people to make them of African descent. Nemesio Quinto, listen to us,” one of the leaders, said: “We need said Francisco help to reintegrate displaced people Eugenio

into society. We are still in the same Pedroso, one of March for the victims of conflict in Colombia, Bogotá, 6 March 2008 condition as in 1998; we live in total the leaders.5 60 GENERAL ARTICLES FMR 36 Safe and suitable return for women fleeing conflict in Liberia Victoria Ijeoma Nwogu

When women migrants return, they can face daunting challenges women at the community level. It has to re-integration but they can also contribute to development and created a sense of value and care for the women who had not been able to transforming societies. perceive that their own healing was Fourteen years of civil war in Liberia be as basic or complex as sexual and essential to the healing of the nation. displaced an estimated one-third reproductive health and the need for of the population both internally healing trauma arising from negative A Government of Liberia-led project, and as refuges to neighbouring experiences of war. Women who were supported by UNFPA and funded by West African countries, Europe and raped or suffered some form of sexual the Government of Denmark, is set America. Since the war ended in 2003, violence or sexual exploitation (and to change the situation of impunity a large proportion of Liberians have possibly infected with HIV/AIDs) are for perpetrators of SGBV by setting returned home either voluntarily often stigmatised and left with little up and fully equipping a special or through assisted repatriations. or no access to services upon their court to quickly and adequately hear Women face a myriad of particular return to their home communities. SGBV-related criminal proceedings. challenges in the return process, In addition, they may suffer from The project will also help build and their needs are as varied and the abrupt change in roles and status the capacity of legal professionals complex as the reasons for which between their life in displacement and court officials working in they migrated in the first place. and their return to pre-existing the special court. The court is However, return and reintegration gender relations. There can also be a equipped to conduct in-camera programmes generally approach conflict of cultures between a perhaps trials involving rape cases, allowing women’s needs from the perspective more liberal culture experienced for protection of the identity of the that they are victims of systems, while they were part of the diaspora, victim and witnesses in accordance thereby inadvertently denying their which remains an integral element with international standards. agency as rights holders. We need of the returnee woman migrant’s to ask how receiving societies can reality, and the usually patriarchal Economic rebuilding best adapt in order to accommodate culture in their home society. The decision to return may hinge the needs and rights of returning on the probability of recovering women and to guarantee them Transitional justice lost properties, incomes or an enabling environment for In Liberia the UN Development being able to forge new means participation in development. Fund for Women (UNIFEM)1 has of survival. The presence of initiated groundbreaking work in economic recovery programmes Post-war situations find women the field of transitional justice and and access to them by returning increasingly becoming heads of gender in partnership with the Truth populations, especially women, is households yet receiving little and Reconciliation Commission vital to ensuring sustainable re- recognition or consideration as such; (TRC), the Women’s NGO Secretariat integration. Programmes addressing they do not have the same rights of Liberia (WONGOSOL), the economic needs should not only to property, land or capital as men International Centre for Transitional focus on providing new skills but and have to struggle to provide Justice (ICTJ),2 the Open Society should also consider providing for their families with neither the Initiative for (OSIWA)3 more individualised services to requisite means nor the right to and the Urgent Action Fund4. help migrants recover or revive acquire them. Women may have They have held a series of regional already learned skills, former been combatants or been used to community dialogues to extend businesses, jobs or professions, serve combatants; they may also both the concept and the reach of and add value to enterprise. have suffered sexual and gender- the TRC and transitional justice based violence (SGBV), especially to women in communities, many Under the World Bank’s Results rape, during conflict. The incidence of whom had been refuges or Based Initiative5 UNIFEM is of SGBV remains high in Liberia due internally displaced due to the war. implementing a project for farmers to a culture of impunity. Women to bring basic technology and skills affected by SGBV may have concerns This project shows how deepening to several villages in Nimba, the about whether the perpetrators of and extending engagement with second most populous county in violence against them have been women around the transitional Liberia. The Ministries of Gender brought to justice or whether they justice process enables them to and Development, Agriculture remain a threat to their safety and understand and participate in the and Internal Affairs, UNIFEM, the survival in the same communities. peace process more substantively. In World Bank, the International Centre drawing attention to the immediate for Research on Women (ICRW),6 Returning women also have needs of women, it has brought the UN’s Food and Agriculture particular health needs which may transitional justice mechanisms to Organization and UNESCO are GENERAL ARTICLES 61 FMR 36

working together with the Ganta in creating social networks through exercise to respond to the challenge Concern Women Group (GCWG) to which lived experiences of social of low voter registration of women in help transform small-scale exclusion can be harnessed as a order to ensure the participation of production into a sustainable valuable resource to help others in women as voters and as candidates. agro-business enterprise. Under the same situation. It provides the Their efforts, supported by UNIFEM this project, cassava is grown opportunity for members in communal plots provided by to take on new social the community for exclusive use roles and contribute to of GCWG members. Previously, individual and collective farmers grew cassava in individual learning. Hence women are plots and sold the tubers in raw able to gain self-confidence form as soon as it was harvested, in taking action and, earning only marginal profits. with the benefit of strong, This particular project involves supportive communities,

the farmers’ organisation in the can assert their right to Kolva UNIFEM Liberia/Yarkpazuo adoption of improved methods of participate and influence planting and harvesting of cassava, their situation. including processing the tubers prior to sale, plus training in basic The contribution of the literacy. It is helping hundreds of Women in Peacebuilding women to gain greatly by adopting Network (WIPNET) to slight changes to how they grow ending Liberia’s civil war and sell cassava, the biggest cash and building democracy crop in the region. This project is is a good example of how benefitting 525 female and 26 male self-organised women’s farmers (all members of GCWG) groups can drive and in 11 villages and communities. sustain change in attitudes and norms, thereby The project aims to demonstrate creating space for women’s that investment in women can engagement in decision- contribute significantly to the making during conflict growth of the cassava industry in and also in times of peace. Women farmers from the Ganta Concern Women Liberia and to poverty reduction Through their Mass Action Group inspect their cassava crop. at the household level – and that for Peace campaign – using women’s economic empowerment strategies of non-violent projects can contribute to positive resistance — WIPNET and sister and other development partners, changes in gender relations at organisations (MARWOPNET and culminated in the election of the household and community levels. Liberian Women’s Initiative) in first female President in Africa, It is hoped that the government Liberia and in the Liberian diaspora increased numbers of women will learn from the outcome of mobilised women across religious, in parliament and increased the intervention and incorporate ethnic and political affiliations to representation of women in Cabinet, such lessons into their policy mount pressure on the government a strong Ministry of Gender and strategies for poverty reduction. and rebels to negotiate an end strengthening of women civil society. to hostilities in 2003 and on the Political needs international community to intervene Recommendations Under-representation of the voices more concretely to end the conflict ■■Ensure reintegration programmes and perspectives of returnee women and begin rebuilding. Using UN include provision for specialised migrants in decision making is an Security Council Resolution 13258 care and counselling for issue that needs to be addressed as their guiding framework they returning women migrants urgently and pragmatically. This demanded and gained the inclusion who have suffered SGBV. issue has implications not only of women in peace negotiations for returning migrants but also and post-conflict Disarmament, ■■Bring the voices of women into for the wider society in terms Demobilisation, Rehabilitation and truth and reconciliation processes. of ensuring cohesion, tolerance Reintegration and in rebuilding not and peaceful co-existence. only by government but also by the ■■Individualise return and UN and other international entities.9 reintegration programmes as much A good recipe for promoting political as possible to eliminate specific participation for women returnees Experience gained in self- threats to the safe return of migrant is through self-organising. A self- representation and leadership in women to their home community. organised group (of women) is any dire situations can be transformed group that comprises women with into valuable tools for engagement ■■Provide training for returning direct experience of the issue they in broader political processes. In migrant women in developing are working on.7 The main benefit the lead-up to the 2005 elections in and managing community- of self-organising in promoting Liberia, WIPNET and its partners based programmes – including political participation for women lies intervened in the voter registration businesses. 62 GENERAL ARTICLES FMR 36

■■Address barriers to women’s group should ultimately retain UNDP Sierra Leone (http:// access to capital. decision-making power. www.sl.undp.org/index.htm).

■■Enable returning migrant women The reintegration of returnee women A longer version of this article was to return to their previous migrants in society not only helps presented at the Panel on Migration professions before involuntary to give the women psychological, at the International Colloquium on migration was forced on them. economic and social stability but Women’s Empowerment, Leadership, also has wider positive impacts on Development, Peace and Security in ■■Encourage the formation and society. The consequences of non- March 2009 in Monrovia, Liberia. formalisation of self-organised integration are obvious and a society 1. http://www.unifem.org/ Now part of UN Women groups of returnee women and which is just coming out of a crisis or http://www.unwomen.org/ provide them with technical a war can ill afford them. The social, 2. http://www.ictj.org/en/index.html support to understand their political and economic needs of 3. http://www.osiwa.org/?lang=en situation, claim their rights and returning women migrants intersect 4. http://www.urgentactionfund.org/ achieve self-representation; – and meeting those needs can have 5. http://www.unifem.org/attachments/products/ rbi_brochure.pdf provide them with training an important impact on the stability 6. http://www.icrw.org/ in advocacy and negotiation of peacebuilding and consolidation 7. As defined by the Global Alliance against Traffic in with government/authorities processes. Approaches to these needs Women (GAATW). and in democratic practices. must therefore be comprehensive 8. UNSCR 1325 requires all actors involved to adopt a gender perspective when negotiating and implementing and multidimensional. peace agreements in areas like repatriation and ■■Understand the role of NGOs/ resettlement and for rehabilitation, reintegration and post-conflict reconstruction. the international community Victoria Ijeoma Nwogu (vickylegal@ 9. The Golden Tulip Declaration of Liberian Women as that of supporter rather than yahoo.co.uk) is Sexual and Attending the Peace Talks in , Ghana, 15 March driver or owner; the self-organised Gender Based Violence Advisor, 2003 http://tinyurl.com/Golden-Tulip-Declaration The Kampala Convention and protection from arbitrary displacement Maria Stavropoulou

The Kampala Convention breaks new ground in elevating the against arbitrary displacement”. right to be protected from arbitrary displacement to a binding It requests states to respect their obligations under international legal norm. law, including human rights and A striking feature of the African of arbitrary displacement as defined humanitarian law, so as to prevent Union (AU) Convention for the in Article 4, or of other causes of and avoid conditions that might Protection and Assistance of involuntary movement (for instance, lead to arbitrary displacement Internally Displaced Persons a natural disaster), where the persons and provides for a continent- (Kampala Convention)1 is that it remain within internationally wide early warning system. goes beyond the scope that its title recognised state borders. It is then implies in that it also contains the the situation in which such persons The prohibited categories of arbitrary right to protection from arbitrary find themselves which triggers the displacement include the following: displacement. This includes application of all other provisions of both internal displacement and the Convention, rather than a ‘human ■■displacement based on policies displacement across international right’. Arbitrary displacement, on of racial discrimination or borders. The Convention, whether the other hand, is defined in Article other similar practices aimed inadvertently or not, thus 3 of the Convention in traditional at/or resulting in altering complements the 1951 Convention human rights terms, putting the the ethnic, religious or racial on the Status of Refugees. onus on States Parties to refrain composition of the population from, prohibit and prevent arbitrary Article 1 of the Kampala Convention displacement of populations, ■■individual or mass displacement defines both ‘internal displacement’ and adding details in respect of of civilians in situations of armed and ‘arbitrary displacement’ but these causes of such displacement by the conflict, unless the security two terms overlap only partially state itself or non-state actors. of the civilians involved or and may differ in nature. Internal imperative military reasons so displacement, according to the Article 4 proclaims that “all demand, in accordance with Convention, may be the result either persons have a right to be protected international humanitarian law GENERAL ARTICLES 63 FMR 36

■■displacement intentionally development projects. Furthermore, displaced or a right to remain should used as a method of warfare it calls for the establishment exist or not, some scholars argued or due to other violations of of disaster preparedness and that such a right would provide international humanitarian law management measures to help governments of developed countries in situations of armed conflict prevent or mitigate displacement. weary of refugees with a pretext for increased efforts to contain them ■■displacement caused by In the development of the Guiding in their countries of origin. The generalised violence or Principles, the legal analysis Guiding Principles foresaw this and violations of human rights concerning protection from arbitrary explicitly provided that nothing in displacement3 contained a review them should compromise obligations ■■forced evacuations in cases of of the international legal context, under international refugee law. natural or human-made disasters including all principles related to or other causes if the evacuations violence and threats affecting life and The Kampala Convention has are not required for the safety personal security, discrimination, elevated the right to be protected and health of those affected implantation of settlers, evictions and from arbitrary displacement loss of land and housing, negative contained in the Guiding Principles ■■displacement used as a impact of development projects, to a binding legal norm. While it collective punishment. damage to the environment and is only a regional instrument, it is the obligations of non-state actors. nevertheless indicative that States Article 4 goes on to make special It also included a comprehensive have recognised this right because provision for communities examination of all principles relating there was a legal gap that needed with special attachment to, and to freedom of movement and to be filled. International human dependency on, land (such as choice of residence, protection from rights and humanitarian agencies indigenous people or pastoralists). interference with one’s home, the and NGOs have a new advocacy It concludes by calling on AU right to housing, the prohibition of tool to help them address the Member States to declare acts forced movements in emergencies causes of displacement. Respect of arbitrary displacement that including in situations of armed for and implementation of this amount to genocide, war crimes conflict, and the prohibition of young right would go a long or crimes against humanity genocide. way to reducing refugee flows offences punishable by law. and internal displacement. This legal analysis concluded that The Kampala Convention has an explicit prohibition of arbitrary Maria Stavropoulou (maria. been heavily influenced by a ‘soft’ displacement was contained only [email protected]) has worked instrument of international law, in international humanitarian law since 1993 with OHCHR, UNHCR namely, the Guiding Principles and in the law relating to indigenous and the UN. At the time of writing on Internal Displacement, which peoples. In human rights law, by this article she was working for the are today considered by many as contrast, this prohibition was only UN Department of Political Affairs. international customary law. 2 The implicit in various provisions, in 1. http://tinyurl.com/KampalaConvention. See also Kampala Convention follows the particular the right to freedom http://www.fmreview.org/urban-displacement/ same three-phase approach as the of movement and choice of FMR34/53-55.pdf 2. http://www.idpguidingprinciples.org/. See also Guiding Principles. The first part residence, freedom from arbitrary http://www.fmreview.org/GuidingPrinciples10.htm deals with protection from arbitrary interference with one’s home 3. http://tinyurl.com/Arbitrary-displacement-legal displacement, the second with and the right to housing. These the rights of the displaced during rights, however, did not provide their displacement and the last adequate and comprehensive with the identification of solutions coverage for all instances of Making the Kampala for the internally displaced. arbitrary displacement, as they did Convention work for IDPs not spell out the circumstances A new guide provides examples A comparison between the Kampala under which displacement was of what civil society organisations Convention and the Guiding permissible. Therefore, the analysis can do to support the Convention’s Principles as regards the right suggested that “it is necessary to implementation, including the to be protected from arbitrary define explicitly what is at present incorporation of the Convention displacement reveals a number of inherent in international law – a right into national laws and monitoring differences. The Convention is more to be protected against arbitrary states’ compliance with their specific on individual accountability displacement. In particular, this obligations under the Convention. issues and the accountability of should specify the impermissible non-state actors, in particular grounds and conditions of Produced by NRC/IDMC in multinational companies and private displacement, and the minimum collaboration with the African Union military or security companies. It procedural guarantees that should be Economic, Social and Cultural has a more analytical approach as complied with should displacement Council. Online in English, French, regards displacement in the context occur.” This is what Guiding Portuguese and Arabic at: of armed conflict and also places Principles 5 to 9 set out to do. more emphasis on displacement http://www.internal-displacement. resulting from the exploitation of In the earliest debates on the org/publications/au-guide economic and natural resources and question of whether a right not to be 64 GENERAL ARTICLES FMR 36 The pervertibility of refugee status Ana Paula Penchaszadeh The desire to categorise all those seeking refuge throws up Voluntary or involuntary? continuing challenges to traditions of hospitality and to the In recent years, those who must implement effective policies for realisation of migrants’ rights. the protection of refugees at the There are two types of problems mechanism of detention, founded on international level have come associated with international the criminalisation of asylum seekers, up against the problem of mixed refugee rights: ‘formal’ problems illegal immigrants and refugees. migrations: in other words, the referring to the definition of legal impossibility of distinguishing concepts relating to refugee status, The big problem is not so much between supposedly ‘voluntary’ refuge and asylum; and ‘practical’ that states pervert the sense of economic migrations and forced problems linked to implementation international refugee law in practice and involuntary migrations. But just of these rights by nation states. On (although in fact they do) but that how ‘voluntary’ is the departure of a the first question, it is necessary to the legal structure and definition person who lives below the poverty ask why and how ‘refugee status’ of this contain the latent possibility line and for whom crossing the sea limits the right to hospitality, as of perverting its spirit. In order might mean a fourfold increase understood by ‘asylum’. While to understand how it is possible in life expectancy? Is it perhaps asylum has been a practice and a that the rights associated with the because the poor, the hungry and right founded in pre-state customs right to refuge can contain within the marginalised do not have a which can be traced back to ancient themselves their own ‘pervertibility’, well-founded fear of dying in the traditions, refuge as a legal status the seed of their own destruction midst of absolute poverty? How can was created with the Convention on and the possibility of culminating in it be that when people who have the Status of Refugees (1951). This detention, emphasis must be placed “suffered serious human rights change of emphasis, from asylum to as much on the reasons for inclusion violations” must be protected, refuge, has led to a transformation as on those for exclusion within the the grounds for persecution can in the reality of hospitality itself. parameters of the legitimate defence immediately be restricted to so few? of sovereignty (national security Extreme poverty and the lack of The right to refuge is conditional in and maintenance of public order). basic subsistence conditions can also nature. The UN system instituted be considered as “serious human the notion of ‘refugee status’ to Refugees, alongside the stateless, rights violations” and an objective define and determine who can gain asylum seekers and the internally threat to “future existence”. access to temporary protection, thus displaced, are categories of abandoning defence of the unlimited foreigners who find themselves The Slovenian philosopher Salvoj and inalienable right to movement under the international protection Žižek differentiates two types of and settlement. The definition of of UNHCR, part of what in recent violence: subjective violence and refuge promoted by the UN thus decades has become known as objective violence.2 International leaves a set of fundamental problems ‘forced migrations’. But what refugee law aims for protection associated with hospitality to counts as forced or involuntary against subjective violence, exercised foreigners (in its fullest sense) in the in the UNHCR framework? The in a visible form by people against shadows. This ‘binding’ international definition would appear to be very other people, and there is a deliberate protection system does not defend clear. The forced or involuntary non-inclusion of objective violence, the human right to migrate and settle nature of these migrations refers which is invisible and economic. The but assures the sovereign right to to a “well-founded fear of being Polish sociologist Zygmunt Bauman produce refugees, placing the right to persecuted for reasons of race, follows a similar line of thought, receive above the right to be received. religion, nationality, membership of maintaining that immigrants and a particular social group or political refugees are incarnations of the The facility to grant refuge is opinion.” The definition of refugee ‘human waste’ of the capitalist jealously guarded by states, as part of hides a ‘liberal prejudice’ according production process, manifesting their sovereign privilege. Universal to which it is possible, desirable and what the systems seeks to hide at rights and the international legal legitimate to differentiate political, all costs: the implicit vulnerability framework to protect and validate religious, ethnic, cultural and sexual of individuals within economic the right to be a member of a political issues from economic and social globalisation.3 Both authors show community do not yet have the issues. The illusory nature of the that the main sources of violence legal power to unconditionally distinction between forced and and insecurity are ‘objective’ and guarantee either migration or other migration is clearly manifest ‘impersonal’ economic processes. settlement1; the best evidence of in the conundrum – for those who In the context of globalisation, the this can be seen in the proliferation wish to ensure the protection of security policies implemented by in recent decades of the restrictive refugees – of ‘mixed migrations’. states are directed towards easy GENERAL ARTICLES 65 FMR 36

targets: immigrants, refugees and law is always possible) but also to its actions by States in terms of stateless persons, who become the perfection (in that a law dependent determining refugee status) that it is personification par excellence of evil. upon political decisions is open necessary to reactivate and rethink to interpretation and may become the political and collective nature of Seekers of refugee status must be the target of campaigns to broaden mass migrations of people. Individual able to prove truthfully, convincingly its meaning and applicability). rights are much better protected and and certifiably – and in the safeguarded in the framework of language of the host State – the For example, in order to respond to broad collectives. On this point, once fears behind their request on the the growing number of internally again, it is necessary to fight against grounds of race, nationality, social displaced people, a new category of the liberal prejudice that thinks and group or political opinion. Yet: “A displaced person was introduced calculates in terms of individuals. person is a refugee … as soon as – that of the Internally Displaced The needs of those seeking refuge he fulfills the criteria contained in Person (IDP), thereby extending should not be considered in isolation, the definition … Recognition of his UNHCR’s mandate to displaced emanating from individuals, but as a refugee status does not therefore people who are not however outside global challenge relating to groups of make him a refugee but declares their country of nationality. people and concrete political contexts. him to be one. He does not become a refugee because of recognition, An interesting example is the Ana Paula Penchaszadeh but is recognized because he is introduction of ‘collective’ or ‘prima ([email protected]) is a lecturer and researcher at the a refugee.”4 Determination of facie’ determination of refugee University of . refugee status, therefore, is a status. It is evident that the most process undertaken and assessed urgent cases of refuge are, in general, 1. For more information see Penchaszadeh, A P & Morales P ‘Refugio y soberanía. Algunas reflexiones en by each State in accordance with not limited to one person nor their torno de los conceptos y las prácticas del ACNUR’ in its resources, traditions, economic family but to a wider group of people Revista Ágora Internacional, Año 3 N° 6, ISSN 1850-2040, UNA Argentina, July 2008. needs and prejudices. This implies and to particular political contexts. 2. Žižek, Slavoj, Sobre la Violencia. Seis reflexiones that any decision on refugee status is, Although it initially appeared a great marginales, Editorial Contextos, Buenos Aires, 2009. essentially, political – and ultimately advance for applications for refugee 3. Bauman, Zygmunt, Vidas desperdiciadas. La modernidad y sus parias, Editorial Paidós, Buenos Aires, 2009. arbitrary. This not only opens the status to be evaluated on the basis of 4. Handbook on Procedures and Criteria for Determining door to perversion of the law (in each individual case, practice shows Refugee Status under the 1951 Convention and the 1967 that a restrictive application of the (through the delays and discretionary Protocol relating to the Status of Refugees, Geneva, January 1992, available at http://www.unhcr.org The road from Kabul Lucia Cipullo and Jeff Crisp

New UNHCR research investigates the motivations for and and to understand how challenges associated with the migration of young Afghans they were treated (and mistreated) in the course of their journey. to Europe. An old Afghan proverb provides families, offers freedom and respect While the specific circumstances the title for a new UNHCR study for human rights. Education and leading to departure differed which examines the experiences of employment also serve as a strong significantly from one child to unaccompanied Afghan children who motivation, as children who move another, the research demonstrated have made the long overland journey to Europe are considered as a future the difficulty of labelling the Afghan to Europe. Trees Only Move in the Wind source of financial support for family children as either ‘refugees’ or (meaning nothing happens without members remaining in Afghanistan. ‘migrants’; in most cases, families a good cause) attempts to explain has multiple motivations in why increasing numbers of Afghan Although journeys of the type sending their children to Europe. children are encouraged and even undertaken by Afghan children obliged by their families to undertake are not unique (young Iraqis and Despite a common assumption that this arduous and expensive Somalis are also involved in such many of the Afghan children are journey, usually at the hands of long-distance journeys), the lack of orphans, the study shows that many unscrupulous people smugglers. accurate and up-to-date information of their parents are still living, and about these children, plus current had paid up to $US15,000 to smuggle The risks involved in unaccompanied moves by European governments their children across , child migration are seemingly to return them to their country Iran and Turkey before entering outweighed by the prospect of of origin, provided the impetus Europe, usually by way of Greece. moving from a country affected by for the UNHCR study. Around The frequent use of professional armed conflict, severe human rights 150 young Afghan boys (no girls people smugglers puts the children violations, ethnic discrimination, could be found) were interviewed at great risk. Payment for the journey unemployment and corruption to in six European countries in order is usually made in instalments; if a part of the world which, in the to determine why and how the payment is delayed at any point, the eyes of these children and their decision was made for them to leave boy will often be forced to remain 66 GENERAL ARTICLES FMR 36

or (especially in amounts of money that has been the case of the invested in their westward journey. Pushtuns) the , A key conclusion to be drawn from

UNHCR /H Caux because of its well- this study is that responsibility for established Afghan the plight of unaccompanied Afghan population, as well children in Europe rests with a as the educational number of different actors. As long and employment as the Afghan authorities continue opportunities that to turn a blind eye to irregular the country is migration, families and communities thought to offer. will continue to encourage their children to undertake this hazardous The arrival of journey. And they will find a unaccompanied means to do so while professional Afghan children has smugglers are on hand to profit from Fourteen-year-old Babar prepares for another night become a matter of human hardship and insecurity. in the cold under a bridge in Calais, France. growing concern for European The European states in which these where he is – usually in unsavoury states, some of which are currently children arrive also have legal and and dangerous conditions – until considering the establishment moral obligations that must be met the money has been received. No- of reception centres in Kabul more effectively. Many have failed to one knows how many young people so as to allow the children to establish best interest determination set out on the road from Kabul be returned (on an involuntary procedures to protect the rights of but fail to complete the journey. basis) to their country of origin. Afghan children, while differences in service provision only serve to Surprisingly, some boys described UNHCR is naturally concerned encourage young Afghans to travel their journey as an adventure, that this may lead to the removal on from one country to another. And involving a night-time trek through of children who have a valid claim while the ‘removal and reception the Turkish mountains. Others were to refugee status or who for other centre’ approach proposed by some less enthusiastic and described ‘best interest’ reasons should be European governments should being robbed by armed police and allowed to remain in Europe. not be discounted for some of the locals, as well as being sent out Another disturbing aspect of young Afghans who have no need on the Aegean Sea in small and this phenomenon is the anxiety for international protection, many overcrowded boats. Many of the boys experienced by young Afghans who of the practical and longer-term were adamant that they would not are permitted to stay while they are issues associated with the strategy have undertaken such a journey had children but who face the prospect remain significant yet unresolved. they been aware of the treatment of deportation as soon as they they would encounter at the hands reach the age of 18. Unsurprisingly Lucia Cipullo ([email protected]) of smugglers and authorities. in these circumstances, some and Jeff Crisp ([email protected]) Afghans misrepresent their age, both work in UNHCR’s Policy The lack of information available to a situation which has led to the Development and Evaluation Service the children was also revealed by the bizarre and inexact new science of (http://www.unhcr.org/pdes/). Trees fact that some boys left for Europe ‘age determination’, often involving Only Move in the Wind: A Study of without any real idea of where their detailed skeletal and dental Unaccompanied Afghan Children final destination would be. Those examinations. Those Afghans who in Europe is online at http://www. who had a particular destination in are deemed to have turned 18 and unhcr.org/4c1229669.html mind tended to have a preference for who are sent back to their own Norway and other Nordic countries, country must live with the sense where social welfare arrangements of personal failure and betrayal are known to be of a high quality, of their family, given the large

No Entry! Over the past 20 years, states have repeatedly closed their tension between providing protection and assistance, and to borders in the name of preserving security and relieving prioritise among its own complex interests. pressure on national capacity. Border closures present ‘No Entry! A Review of UNHCR’s Response to Border Closures significant humanitarian consequences and an explicit denial in Situations of Mass Refugee Influx’ examines the common of a refugee’s right to flee their country of origin and seek characteristics among five case studies of post- border asylum elsewhere. Prompted by recent border closures between closures. It offers a comprehensive insight into the politics Kyrgyzstan and Uzbekistan, and between Somalia and Kenya, of border closures, with the aim of informing UNHCR’s future UNHCR has undertaken a study on the issue of state border policy-response framework so that it can be better prepared to closures in situations of crisis. Responding to formal, centrally respond to this ongoing dilemma. authorised border closures poses significant political and operational challenges for UNHCR, forcing it to confront the Online at: http://www.unhcr.org/pdes/

67 FMR 36

High Commissioner for Refugees gives 2011 International Summer School in Forced Migration RSC 2010 lecture 11-29 July 2011 António Guterres, UN High Commissioner for Refugees The Refugee Studies Centre’s acclaimed International Summer and former Prime Minister of , gave the RSC’s School fosters dialogue between academics, practitioners and 2010 annual Harrell–Bond lecture in human rights on policymakers working to improve the situation of refugees and 13 October. Addressing a full house of 300 students, other forced migrants. It provides the time and space for them to academics and members of the public at Oxford reflect on their experiences and to think critically about some of the University’s Museum of Natural History, Mr Guterres spoke aims and assumptions underlying their work. Applications are now about forced displacement, protection and humanitarian welcomed for the 2011 Summer School from mid-career/senior practitioners or researchers specialising in forced migration. Full action – and the major challenges faced by UNHCR in details at http://www.rsc.ox.ac.uk/teaching_summer.html the 21st century. The lecture is available as a podcast at http://www.forcedmigration.org/podcasts/harrell-bond- RSC publications lecture/2010/ The RSC has added five new papers to its Working Papers Series, MSc course 2011-12 now open for applications covering: The RSC’s nine-month MSc in Refugee and Forced „„ending displacement for long-term IDPs in Sri Lanka Migration Studies is an interdisciplinary degree taught „„use of age assessment in the UK asylum system by leading experts in the field of forced migration, from „„refugee youth and citizenship in Angola international law, politics and international relations, „„narratives and conceptualisations of Tony Blair’s asylum policies anthropology and other disciplines. The course enables „„asylum seeker and refugee identity formation participants to explore forced migration through a thesis, Working papers are available to download in PDF format from a group research essay, and a range of required courses http://www.rsc.ox.ac.uk/pub_working.html. including Introduction to Forced Migration, International Refugee and Human Rights Law, Asylum and the Modern Additional new publications on the RSC website include: State and Research Methods. Students also choose two „„‘The response of faith-based communities and faith-based option courses from a list which, for example, in 2009- organisations in the context of forced migration’ – a report 2010 included Dispossession and Displacement in the from the RSC’s one-day workshop held in September 2010 Modern Middle East; Gender, Generation and Forced „„‘Protecting environmentally displaced people: developing Migration; and UNHCR and World Politics. There are two the capacity of legal and normative instruments’ – a report application deadlines for 2011-2012: 21 January 2011 from an RSC research project led by Director Prof. Roger and 11 March 2011. Full details at Zetter, including case studies from Bangladesh, Ghana, http://www.rsc.ox.ac.uk/teaching_master.html Kenya and Vietnam. (Available early December.)

FMR International Advisory Board Board members serve in an individual capacity and do not necessarily represent their institutions. Diana Avila Rachel Hastie Dan Seymour Diálogo Sudamericano Oxfam GB UNICEF Paula Banerjee Lucy Kiama Vicky Tennant Mahanirban Calcutta Research Group Refugee Consortium of Kenya UNHCR Nina M Birkeland Khalid Koser Richard Williams NRC/IDMC Geneva Centre for Security Policy Independent consultant Mark Cutts Amelia Kyazze Roger Zetter OCHA Save the Children UK Refugee Studies Centre Eva Espinar Erin Mooney University of Alicante Independent consultant

Thank you to all our donors in 2009-2010 FMR is wholly dependent on external funding to cover all of the project’s costs, including staffing. We are deeply appreciative to all of the following donors both for their financial support and their enthusiastic collaboration over the last two years.

Australian Government Department Generalitat Valenciana/Consellería de Initiative • Refugees International of Immigration and Citizenship Educación • Handicap International • Sightsavers • Spanish Ministry • Brookings-Bern Project on • INEE • International Alert • for Science and Innovation • Swiss Internal Displacement • Catholic International Rescue Committee • Federal Department of Foreign Affairs Relief Services • CBM • CIDA Norwegian Ministry of Foreign Affairs • UK Department for International • Commonwealth Foundation • Norwegian Refugee Council/ Development (DFID) • UNAIDS • UNDP • Concern Worldwide • Danish Internal Displacement Monitoring • UNFPA • UN-HABITAT • UNHCR • Refugee Council • DFAIT Canada • Centre • Open Society Initiative US Department of State, Bureau of DHL • European Union • Feinstein for • Open Society Population, Refugees, and Migration International Centre, Tufts University • Justice Initiative • Oxfam GB • RAISE • Women’s Refugee Commission the Refugee Studies Centre started publishing a small outreach In 1987newsletter (Refugee Participation Network Newsletter – RPN) to provide a forum for discussion between researchers and the international community. Over the years it has grown into a regular magazine, published three times a year in English, French, Spanish and Arabic, with a distribution list for the printed version of nearly 20,000 organisations and individuals plus an ever-growing online readership.

FMR has succeeded because it responds to needs in the worlds of academia, policy and practice. It has succeeded because it has attracted content that is valued by its readers. It has succeeded because it brings together experience and analysis, new ideas and new perspectives, lessons and recommendations for action. It is neutral and impartial, without ties to any agency agendas or political viewpoints, and is committed to the rights and protection of stateless people and forced migrants of all kinds.

FMR never has trouble finding ideas for new themes to cover. Themes are suggested by colleagues and readers, and they emerge from our involvement with the departments and sectors that are our core constituency. Since the RPN Newsletter turned into Forced Migration Review, the FMR team has produced 35 issues of FMR, plus ten supplements and special issues, including the one being distributed with this issue. These exist in hard copy and online, where they continue to be accessible, searchable and downloadable. (See http://www.fmreview.org/mags1.htm for the full list of themes, past and present.)

FMR does not attempt to capture detailed project-based lessons as evaluations attempt to do but it does highlight good practice, key concerns and developments, and serves as a repository for the history and learning of the sector. It does not publish detailed case-studies or closely argued theories but rather tracks the ideas and trends of the academic discipline of forced migration studies.

It is clear from the ever-growing demand for FMR and from the feedback we receive that FMR publishes the kind of learning that is widely valued and much needed – but found in very few places in such an accessible form.

Several of our recent issues have focused on emerging themes that have drawn in new audiences. FMR31 brought together the worlds of forced migration and climate change, successfully linking the disciplines and the ideas in a way that has made it probably our most requested issue ever. FMR34 did the same thing for urban studies, urbanisation and forced migration. And, most recently, FMR35 focused on disability and forced migration.

URBAN DISPLACEMENT 3 URBAN DISPLACEMENT 1 Issue 34 Issue 35 Issue 31 February 2010 July 2010 October 2008

issue 30 April 2008

ticles section: Burma’s displacedplus our generalpeople arar contributors and regul , ookings-Bern UNHCR, Br ve, NRC, RAISE Initiati IDMC and RSC

Issue 31 October 2008

Climate change a nd displacement In response to gr owing pressures on people ar landscapes and live e moving, communities ar lihoods, numbers, the defi e adapting. We debate nitions and the modalities – the between the nee and the tension d for research and the need to act. The earth at night seen from space shows dramatically how many towns and cities there are.

xford ersity of O Centre, Univ At ground level the reality is often not as pretty. gee Studies the Refu Published by 0 10:28:0 22/4/08

1 _English FMR_30 Climate change and displacement Adapting to urban displacement With growing numbers of displaced people in towns and cities,

Plus articles on: Darfur, Chech nya, recovery In response to growing pressures on landscapes and livelihoods, and the rule of law, traffickin FOR HIV/AIDS g, FREE DISTRIB services in , UTION ONLY satellite ima gery, witchcraft… FMR_rede humanitarian and development actors need to rethink sign_ Sep_08.indd 1 Ten Years of the 24/9/08 15:12:22 people are moving, communities are adapting. We debate the Guiding Principles on December 2008 approaches to helping the urban displaced Internal Displacement numbers, the definitions and the modalities – and the tension live in security and with dignity. between the need for research and the need to act. I

Issue 32 A April 2009 i T No legal identity. Fe w rights. Hidd en from society. Forgotten. S L OOKINGS D BR Stateless

57:47 6/1/09 13: I y 08.indd 1 g principles_12_ FMR_guidin B Issue 33 September 2009

for years,

displaced people’s ople remain y, displaced pe pact of this on Increasingl assess the im he ‘solutions’al. – Protractedecades. displacement We we explore t even d ur societies. And itarian and person lives and o political, human

Europe Plus article -Africa coopera s on: Ecuador, disaste tion, Colombia policies in Europer IDPs, migrati , AND FOR FR healt , reproduc on EE DISTRIBUTIO h care in emergenctive FMR _32_Engli cas sh.i a four-articl h grants for re ndd 1 N ONLY ies, e mini-featur fugees, status dete e on refug rmination... a ee nd more.

6/4/09 1 3:15:09 DISPLACEMENT

Plus:

spotlight on Sri Lankaes n Collective centr fur, Colombia, mini-features on:o Dar Africa, and articleuggling in South alks, sm reement t climate change peaceag mediation. TION ONLY FOR FREE DISTRIBU Plus: Brazil mini-feature and articles on: accountability, mobility, reproductive health Forced Migration Review is published by the in Darfur, repatriation decision-making and University of Oxford’s Refugee Studies Centre. protection in natural disasters. FMR provides the humanitarian community with a forum for debate on issues facing refugees and internally displaced people in order to improve policy and practice. FMR presents concise articles written by practitioners, researchers and displaced people. Two thirds of copies are sent to developing countries.

Full text of all articles online, browseable and searchable at www.fmreview.org

Forthcoming themes in 2010: • disability and displacement • DRC/Great Lakes • special issue on HIV/AIDS, security and conflict

Details at www.fmreview.org/forthcoming.htm

Request your free copy online or use the form overleaf. Plus articles on: Plus: spotlight on Haiti and articles on: Mauritania, , Darfur, Chechnya, recovery Timor-Leste, Colombia, Pakistan, the new Kampala Convention, FMR: the most widely and the rule of law, trafficking, family separation in the UK, cross-border mobility of Iraqi refugees, maternal mortality among conflict-affected populations...and more read magazine on HIV/AIDS services in Egypt, satellite imagery, witchcraft… FOR FREE DISTRIBUTION ONLY refugee and IDP issues FOR FREE DISTRIBUTION ONLY FOR FREE DISTRIBUTION ONLY

FMR_34_English FC with flap.indd 1-3 FMR_redesign_Sep_08.indd 1 24/9/08 15:12:22 16/02/2010 10:41

With each of these three recent issues we have found that our regular readership has appreciated FMR throwing light on the ways that these other subjects relate to forced migration. At the same time we have had enthusiastic engagement by people and agencies whose main focus is on those very subjects, rather than forced migration, and who welcome this widening of their debates. In 2011 we hope to do the same sort of thing with FMR 38 and its theme of Technology and communications.

Agencies, governments, individuals, institutions and others, who read FMR, contribute articles, circulate it among staff and further afield, and make it available in libraries and resources centres - we are grateful to all of you for all these kinds of engagement, and for your funding, that have supported FMR since 1987.