Stabilizing the Democratic Republic of the Congo: MONUSCO Priorities and the Nairobi Declaration
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Asset Freezing Measures at the International Criminal Court and the UN Security Council
International international criminal law review Criminal Law 20 (2020) 983-1025 Review brill.com/icla Coexistent but Uncoordinated: Asset Freezing Measures at the International Criminal Court and the UN Security Council Daley J. Birkett Vice-Chancellor’s Senior Fellow, Northumbria Law School, Northumbria University, Newcastle-upon-Tyne, UK; Amsterdam Center for International Law, University of Amsterdam, The Netherlands. [email protected]; [email protected] Abstract Both the International Criminal Court (icc) and the UN Security Council (unsc) are vested with the capacity to request States to freeze individuals’ assets. The two bodies are also bound to cooperate closely under the terms of their relationship agreement ‘with a view to facilitating the effective discharge of their respective responsibilities’. This article examines whether this obligation extends to the unsc coordinating its targeted sanctions regime to support the icc in respect of the enforcement powers with which the latter is equipped. It does so by analysing eight cases where unsc action (could) have coincided with icc operations, with a particular focus on the (non-)parallel implementation of the two bodies’ asset freezing procedures. The ar- ticle demonstrates that, though the activities of the unsc and the icc in this sphere of their respective operations might have overlapped on a number of occasions, they have rarely been deliberately coordinated. This leads the author to conclude that close cooperation as envisaged in the relationship agreement between the two bodies is un- likely on this front. Keywords asset freezing – International Criminal Court (icc) – UN Security Council (unsc) – peace and security – targeted sanctions – Rome Statute – UN Charter – icc-UN Relationship Agreement © DALEY J. -
Rwanda's Support to the March 23 Movement (M23)
Opinion Beyond the Single Story: Rwanda’s Support to the March 23 Movement (M23) Alphonse Muleefu* Introduction Since the news broke about the mutiny of some of the Congolese Armed Forces - Forces Armées de la République Démocratique du Congo (FARDC) in April 2012 and their subsequent creation of the March 23 Movement (M23), we have been consistently supplied with one story about the eastern part of the Democratic Republic of the Congo (DRC). A story that puts much emphasis on allegations that the government of Rwanda and later to some lesser extent that of Uganda are supporting M23 against the government of the DRC. This narrative was reinforced when the UN Group of Experts for the DRC (GoE) issued an Addendum of 48 pages on June 25, 20121 making allegations similar to those already made in Human Rights Watch’s (HRW) report of June 3, 20122, that the government of Rwanda was providing direct support in terms of recruitment, encouraging desertion of FARDC soldiers, providing weapons, ammunitions, intelligence, political advice to the M23, violating measures concerning the freezing of assets and collaborating with certain individuals. In response, the government of Rwanda issued a 131-page rebuttal on July 27, 2012, in which it denied all allegations and challenged the evidence given in support of each claim.3 On November 15, 2012, the GoE submitted its previously leaked report in which, in addition to the allegations made earlier, it claimed that the effective commander of M23 is Gen. James Kabarebe, Rwanda’s Minister of Defence, and that the senior officials of the government of Uganda had provided troop reinforcements, supplied weapons, offered technical assistance, joint planning, political advice and external relations.4 The alleged support provided by Ugandan officials was described as “subtle but crucial”, and the evidence against Rwanda was described as “overwhelming and compelling”. -
Democratic Republic of the Congo
1 Democratic Republic of the Congo Authors: ACODESKI, AFASKIAPFVASK CAFCO, CENADEP, FED, IFDH-NGABO IGNIYUS- RDC, OSODI, SOPADE, SIPOFA WILPF/RDC Researchers: Annie Matundu Mbambi (WILPF/RDC), Jeannine Mukanirwa (CENADEP), Rose Mutombo Kiese (CAFCO) Acknowledgments: We thank all people whose work made this report possible. In particular, we would like to thank the organizations from South Kivu: ACODESKI, AFASKI, ASK, APFV FED, IFDH-NGABO IGNITUS-DRC, OSODI, SOPADE, SIPROFA, CEPFE, as well as the focal provincial points of the CAFCO organization, who collaborated to contribute to this report. This report wouldn’t be possible without the constant support from GNWP-ICAN. Their help to the Congolese women shed light on many aspects of the qualitative research and the action research on the implementation of the UN Security Council Resolution 1325i in the Democratic Republic of the Congo. Finally, we would also like to thank all the resource persons, and the participants of the consultative workshops for their suggestions and changes to the report. 2 Women Count 2014 Global Civil Society Monitoring Report List of Acronyms ACODESKI Community Association for the Development of South Kivu (Association Communautaire pour le développement du Sud-Kivu) AFASKI Association of Women Lawyers from South Kivu (Association de Femmes Avocates du Sud-Kivu) AFDL Alliance of Democratic Forces for the Liberation of Congo-Zaire (Alliance des Forces Démocratiques pour la Libération du Congo) APFV Association of Vulnerable Rural Women (Association paysanne des -
Reconciling the Protection of Civilians and Host-State Support in UN Peacekeeping
MAY 2020 With or Against the State? Reconciling the Protection of Civilians and Host-State Support in UN Peacekeeping PATRYK I. LABUDA Cover Photo: Elements of the UN ABOUT THE AUTHOR Organization Stabilization Mission in the Democratic Republic of the Congo’s PATRYK I. LABUDA is a Postdoctoral Scholar at the (MONUSCO) Force Intervention Brigade Fletcher School of Law and Diplomacy and a Non-resident and the Congolese armed forces Fellow at the International Peace Institute. The author’s undertake a joint operation near research is supported by the Swiss National Science Kamango, in eastern Democratic Foundation. Republic of the Congo, March 20, 2014. UN Photo/Sylvain Liechti. ACKNOWLEDGEMENTS Disclaimer: The views expressed in this paper represent those of the author The author wishes to thank all the UN officials, member- and not necessarily those of the state representatives, and civil society representatives International Peace Institute. IPI welcomes consideration of a wide interviewed for this report. He thanks MONUSCO in parti - range of perspectives in the pursuit of cular for organizing a workshop in Goma, which allowed a well-informed debate on critical him to gather insights from a range of stakeholders.. policies and issues in international Special thanks to Oanh-Mai Chung, Koffi Wogomebou, Lili affairs. Birnbaum, Chris Johnson, Sigurður Á. Sigurbjörnsson, Paul Egunsola, and Martin Muigai for their essential support in IPI Publications organizing the author’s visits to the Central African Adam Lupel, Vice President Republic, the Democratic Republic of the Congo, and Albert Trithart, Editor South Sudan. The author is indebted to Namie Di Razza for Meredith Harris, Editorial Intern her wise counsel and feedback on various drafts through - out this project. -
Annex to Notice
ANNEX TO NOTICE FINANCIAL SANCTIONS: DEMOCRATIC REPUBLIC OF THE CONGO COUNCIL IMPLEMENTING REGULATION (EU) No 1275/2014 AMENDING ANNEX I TO COUNCIL REGULATION (EC) No 1183/2005 REGIME: Democratic Republic of the Congo ADDITIONS Entity 1. ADF a.k.a: (1) ADF/NALU (2) Forces Democratiques Alliees-Armee Nationale de Liberation de l'Ouganda (3) Islamic Alliance of Democratic Forces Address: North Kivu Province, Democratic Republic of the Congo. Other Information: Created in 1995 and is located in the mountainous DRC-Uganda border area. The ADF's military commander is Hood LUKWAGO and its supreme leader is the sanctioned individual Jamil MUKULU. Group ID: 13189. DELISTING Entity 1. GREAT LAKES BUSINESS COMPANY (GLBC) Address: (1) Gisenyi, Rwanda. (2) PO Box 315, Goma, Democratic Republic of the Congo. Other Information: Owned by Douglas Mpamo. As of Dec 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions. Group ID: 9071. Note this entity has been merged with COMPAGNIE AERIENNE DES GRANDS LACS (CAGL) – see amended entry below AMENDMENTS Additions are shown in italics and underlined. Deleted text is shown in strikethrough. INDIVIDUALS 1. BADEGE, Eric Title: LT. Colonel DOB: --/--/1971. Group ID: 12838. i 2. IYAMUREMYE, Gaston Title: Brigadier General DOB: --/--/1948. POB: (1) Musanze District (Northern Province) (1) Musanze District, Northern Province, Rwanda (2) Ruhengeri, (1) Rwanda (2) Ruhengeri, Rwanda a.k.a: (1) BYIRINGIRO, Michel (2) RUMULI, Byiringiro, Victor (3) RUMURI, Victor Nationality: Rwandan Address: Kalonge, North Kivu Province (as of June 2011). Position: FDLR President and 2nd Vice-President of FDLR-FOCA Other Information: Also referred to as Rumuli. -
Le Président Du Conseil De Sécurité Présente
Le Président du Conseil de sécurité présente ses compliments aux membres du Conseil et a l'honneur de transmettre, pour information, le texte d'une lettre datée du 2 juin 2020, adressée au Président du Conseil de sécurité, par le Groupe d’experts sur la République démocratique du Congo reconduit suivant la résolution 2478 (2019) du Conseil de sécurité, ainsi que les pièces qui y sont jointes. Cette lettre et les pièces qui y sont jointes seront publiées comme document du Conseil de sécurité sous la cote S/2020/482. Le 2 juin 2020 The President of the Security Council presents his compliments to the members of the Council and has the honour to transmit herewith, for their information, a copy of a letter dated 2 June 2020 from the Group of Experts on the Democratic Republic of the Congo extended pursuant to Security Council resolution 2478 (2019) addressed to the President of the Security Council, and its enclosures. This letter and its enclosures will be issued as a document of the Security Council under the symbol S/2020/482. 2 June 2020 UNITED NATIONS NATIONS UNIES POSTAL ADDRESS-ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017 CABLE ADDRESS -ADRESSE TELEGRAPHIQUE: UNATIONS NEWYORK REFERENCE: S/AC.43/2020/GE/OC.171 2 juin 2020 Monsieur Président, Les membres du Groupe d’experts sur la République démocratique du Congo, dont le mandat a été prorogé par le Conseil de sécurité dans sa résolution 2478 (2019), ont l’honneur de vous faire parvenir leur rapport final, conformément au paragraphe 4 de ladite résolution. -
From Resource War to ‘Violent Peace’ Transition in the Democratic Republic of the Congo (DRC) from Resource War to ‘Violent Peace’
paper 50 From Resource War to ‘Violent Peace’ Transition in the Democratic Republic of the Congo (DRC) From Resource War to ‘Violent Peace’ Transition in the Democratic Republic of Congo (DRC) by Björn Aust and Willem Jaspers Published by ©BICC, Bonn 2006 Bonn International Center for Conversion Director: Peter J. Croll An der Elisabethkirche 25 D-53113 Bonn Germany Phone: +49-228-911960 Fax: +49-228-241215 E-mail: [email protected] Internet: www.bicc.de Cover Photo: Willem Jaspers From Resource War to ‘Violent Peace’ Table of contents Summary 4 List of Acronyms 6 Introduction 8 War and war economy in the DRC (1998–2002) 10 Post-war economy and transition in the DRC 12 Aim and structure of the paper 14 1. The Congolese peace process 16 1.1 Power shifts and developments leading to the peace agreement 17 Prologue: Africa’s ‘First World War’ and its war economy 18 Power shifts and the spoils of (formal) peace 24 1.2 Political transition: Structural challenges and spoiler problems 29 Humanitarian Situation and International Assistance 30 ‘Spoiler problems’ and political stalemate in the TNG 34 Systemic Corruption and its Impact on Transition 40 1.3 ‘Violent peace’ and security-related liabilities to transition 56 MONUC and its contribution to peace in the DRC 57 Security-related developments in different parts of the DRC since 2002 60 1.4 Fragility of security sector reform 70 Power struggles between institutions and parallel command structures 76 2. A Tale of two cities: Goma and Bukavu as case studies of the transition in North and South Kivu -
Rwanda MINIMAL ADVANCEMENT
Rwanda MINIMAL ADVANCEMENT In 2013, Rwanda made a minimal advancement in efforts to eliminate the worst forms of child labor. The Government of Rwanda approved its National Policy for the Elimination of Child Labor, its 5-year Action Plan to Combat Child Labor, and its Economic Development and Poverty Reduction Strategy, which includes child labor issues. The Government also participates in and implements several programs to combat the worst forms of child labor. However, children in Rwanda continue to engage in child labor in agriculture and in the worst forms of child labor in domestic service. In 2013, children were recruited, some of them forcibly, by the March 23 Movement (M23) for armed conflict in the Democratic Republic of the Congo. M23 was an armed group based in the Democratic Republic of Congo that the Government of Rwanda supported, but that was disbanded in November 2013. Rwanda has received an assessment of minimal advancement, because the Government’s support for M23 undermined other advancements made during the year to eliminate the worst forms of child labor. I. PREVALENCE AND SECTORAL DISTRIBUTION OF CHILD LABOR Children in Rwanda are engaged in child labor in agriculture and in the worst forms of child labor in domestic service. (1, 2) Table 1 provides key indicators on children’s work and education in Rwanda. Table 1. Statistics on Children’s Work and Education Children Age Percent Working (% and population) 5-14 yrs. 16.1 (482,180) Attending School (%) 5-14 yrs. 79.1 Combining Work and School (%) 7-14 yrs. 17.6 Primary Completion Rate (%) 57.7 Source for primary completion rate: Data from 2012, published by UNESCO Institute for Statistics, 2014.(3) Source for all other data: Understanding Children’s Work Project’s analysis of statistics from Demographic and Health Survey, 2010.(4) Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity. -
Sylvestre MUDACUMURA
Le Bureau du Procureur The Office of the Prosecutor FACTSHEET Situation in the Democratic Republic of the Congo Sylvestre MUDACUMURA 14 May 2012 1 / 5 PROFILE – Sylvestre MUDACUMURA génocidaires re-grouped within refugee camps in the DRC, organized themselves and launched attacks in Rwanda, with the goal of removing its then new Government by force. The FDLR was involved in the two Congo wars, from 1996 until 2003, that caused, directly or indirectly, an estimated 4 million 1 victims. This is the largest single number of conflict-related civilian deaths since the Name: MUDACUMURA, Sylvestre Second World War. Also know as: “Bernard Mupenzi”, Since 2002, the FDLR has been committing “Mpezi”, “Commandant Pharaon” or crimes against civilians. The Security Council has consistently characterized the “Pharaoh”, “Mudac”, “Mukanda” or FDLR as a threat to the peace and security of “Radja” the Great Lakes region, a cause of regional Sex: Male insecurity and instability and a threat to the Year of Birth: 1954 local civilian population. Location of Birth: Gatumba sector, Sylvestre MUDACUMURA is a member of Gisenyi prefecture, Rwanda the FDLR’s Steering Committee and head of Nationality: Rwandan the FDLR military wing. As Supreme Current Position: Supreme Commander Commander of the Army and President of its of the Army and President of the High High Command, MUDACUMURA is the Command of the Forces Démocratiques highest-ranking military commander in the pour la Libération du Rwanda – Forces FDLR. He is subject to UN and EU sanctions. Combattantes Abacunguzi (FDLR – FOCA) Relevant Background Information Mr. Sylvestre MUDACUMURA is the supreme commander of the FDLR. -
Security Council Distr.: General 13 July 2020 English Original: French
United Nations S/2020/587 Security Council Distr.: General 13 July 2020 English Original: French Letter dated 22 June 2020 from the Chargé d’affaires a.i. of the Permanent Mission of the Democratic Republic of the Congo to the United Nations addressed to the President of the Security Council On instructions from my Government, I have the honour to transmit to you, for the attention of the members of the Security Council, the letter of 23 March 2020 relating to the definitive version of the official position of the Government of the Democratic Republic of the Congo regarding the situation in the Democratic Republic of the Congo and the mandate of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), duly signed by Ms. Marie Tumba Nzeza, Minister of State at the Ministry of Foreign Affairs (see annex). I should be grateful if you would have this letter and its annex circulated as a document of the Security Council. (Signed) Paul Losoko Efambe Empole Minister Counsellor Chargé d’affaires a.i. 20-09352 (E) 170720 190820 *2009352* S/2020/587 Annex to the letter dated 22 June 2020 from the Chargé d’affaires a.i. of the Permanent Mission of the Democratic Republic of the Congo to the United Nations addressed to the President of the Security Council Official position of the Government of the Democratic Republic of the Congo regarding the situation in the Democratic Republic of the Congo and the renewal of the mandate of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo Introduction The present position relates to the forthcoming renewal of the mandate of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), which, in accordance with resolution 2502 (2019), adopted by the Security Council on 19 December 2019, is due to expire on 20 December 2020. -
Democratic Republic of the Congo Complex Emergency 09-30-2013
DEMOCRATIC REPUBLIC OF THE CONGO - COMPLEX EMERGENCY FACT SHEET #3, FISCAL YEAR (FY) 2013 SEPTEMBER 30, 2013 NUMBERS AT USAID/OFDA 1 F U N D I N G HIGHLIGHTS A GLANCE BY SECTOR IN FY 2013 U.S. Government (USG) provided nearly $165 million of humanitarian assistance in 6.4 5% the Democratic Republic of the Congo 7% 25% (DRC) in FY 2013 million 8% Insecurity and poor transportation People in Need of Food infrastructure continue to hinder and Agriculture Assistance 8% humanitarian access across eastern DRC U.N. Office for the Coordination of Humanitarian Affairs (OCHA) – August 2013 8% HUMANITARIAN FUNDING 23% TO DRC TO DATE IN FY 2013 16% 2.6 USAID/OFDA $48,352,484 USAID/FFP2 $56,471,800 million Health (25%) 3 Logistics & Relief Commodities (23%) State/PRM $60,045,000 Total Internally Displaced Water, Sanitation, & Hygiene (16%) Persons (IDPs) in the DRC Economic Recovery & Market Systems (8%) U.N. – August 2013 Humanitarian Coordination & Information Management (8%) $164,869,284 Agriculture & Food Security (8%) TOTAL USAID AND STATE Protection (7%) HUMANITARIAN ASSISTANCE TO DRC 434,306 Other (5%) Congolese Refugees in Africa Office of the U.N. High Commissioner for Refugees KEY DEVELOPMENTS (UNHCR) – August 2013 During FY 2013, violence intensified and humanitarian conditions deteriorated across eastern DRC, with the spread of a secessionist movement in Katanga Province, escalating 185,464 clashes and related displacement in Orientale Province, and worsening instability resulting Total Refugees in the DRC in tens of thousands of new displacements in North Kivu and South Kivu provinces. UNHCR – August 2013 Conflict continues to cause displacement, raise protection concerns, and constrain humanitarian access to populations in need of assistance. -
Democratic Republic of the Congo
Financial Sanctions Notice 21/01/2021 Democratic Republic of the Congo Introduction 1. The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433) were made under the Sanctions and Anti-Money Laundering Act 2018 (the Sanctions Act) and provide for the freezing of funds and economic resources of certain persons, entities or bodies which are, or have been, involved in the commission of a serious human rights violation or abuse in the Democratic Republic of the Congo, a violation of international humanitarian law in the Democratic Republic of the Congo, or obstructing or undermining respect for democracy, the rule of law and good governance. 2. This notice is to issue a correction for 6 listings in the Democratic Republic of the Congo regime. This amendment brings the Consolidated List entries into line with the Regulation. Notice summary 3. The following entries have been amended and are still subject to an asset freeze: • Gaston IYAMUREMYE (Group ID: 11275) • Sylvestre MUDACUMURA (Group ID: 8714) • Leopold MUJYAMBERE (Group ID: 10679) • Jamil MUKULU (Group ID: 12204) • Laurent NKUNDA (Group ID: 8710) • Bosco TAGANDA (Group ID: 8736) 1 What you must do 4. You must: i. check whether you maintain any accounts or hold any funds or economic resources for the persons set out in the Annex to this Notice; ii. freeze such accounts, and other funds or economic resources and any funds which are owned or controlled by persons set out in the Annex to the Notice iii. refrain from dealing with the funds or assets or making them available (directly or indirectly) to such persons unless licensed by the Office of Financial Sanctions Implementation (OFSI); iv.