Columbia University Graduate School of Arts & Sciences Human Rights Studies Master of Arts Program The Fight for a Right out of Sight: The Under-Prioritization of Attacks on Schools and the Lack of Accountability under the Monitoring and Reporting Mechanism in the Democratic Republic of the Congo Meaghan Shevell Thesis adviser: Dr. Neil Boothby Submitted in partial fulfillment of the requirements for the degree of Master of Arts April 2016 © 2016 Meaghan Shevell All rights reserved ABSTRACT The Fight for a Right out of Sight: The Under-Prioritization of Attacks on Schools and the Lack of Accountability under the Monitoring and Reporting Mechanism in the Democratic Republic of the Congo Meaghan Shevell The multifaceted effects of armed conflict on children are well-documented. Systematic monitoring and reporting on human rights violations committed against children aim to mitigate these impacts by better informing programmatic response and analyzing trends to prevent future violations. Through personal field research, the aim of this study was to evaluate the effectiveness of the UN Monitoring and Reporting Mechanism (MRM) as implemented in the Democratic Republic of the Congo (DRC), with a particular emphasis on attacks on schools. The research sought to address the following questions: 1) What are the current challenges in effectively implementing the MRM in the DRC? 2) Is the MRM effective in linking monitoring to response for the grave violation of attacks on schools? 3) Is the MRM accountable to children in situations of armed conflict? Results of qualitative Nvivo analysis of key informant interviews indicated that several challenges remain, with two major findings warranting further discussion. First, attacks on schools are relegated by other violations. Second, there is a bifurcation in accountability approaches between local grassroots groups excluded from the MRM (i.e. victim-focused and ‘downward’ accountability, building capacity) and UN bodies and international organizations on the MRM Task Force (i.e. perpetrator-focused and ‘upward’ accountability, favoring weak penal measures). Additional examination revealed that the latter strategy is often unsuccessful in its approach, highlighting the need for the MRM to be part of a broader effort, engaging with a more diverse set of actors including local representation. The challenges highlighted in this study have significant implications on whether the MRM can be used to prevent future violations and inform effective programmatic responses. Additionally, results call into question whether the UN’s use of punitive measures are merely ‘empty threats’ that do not set a strong precedent to deter future perpetrators of grave violations against children. Table of Contents List of Figures ii List of Acronyms iii Acknowledgements vi Introduction 1 Chapter 1: Background 5 I. The Shift in War Strategies and the 5 Protection of Civilians: Children at the Frontline of Conflict II. The Right to Education: A Transformative 11 Right Undermined by Conflict III. Attacks on Education: The ABC’s 29 Chapter 2: Methodology 55 A. Methods 55 B. Limitations and Biases 60 Chapter 3: Results 62 A. Objective I: Literature Review 62 B. Objective II: Results from Data Analysis 81 i. Sample Characteristics 81 ii. Thematic Analysis 83 iii. Relationships 110 C. Objective III: Recommendations 119 Chapter 4: Discussion 123 A. The Under-Prioritization of Attacks on Schools 123 B. The Lack of Accountability in the MRM 128 Conclusion 148 i List of Figures Table 1.1: International Human Rights Law 12 Protecting the Right to Education Table 3.1: Sample Characteristics 83 Table 3.2: Ranked Challenges 112 Table 3.3: Challenges by Organization Type 115 Table 3.4: Comparative Under-Prioritization 118 of Attacks on Schools ii List of Acronyms ADF The Allied Democratic Forces AP Additional Protocol CAAC The Security Council’s thematic focus on Children and Armed Conflict CAQDAS Computer-Aided Qualitative Data Analysis Software CEDAW The Convention on the Elimination of All Forms of Discrimination against Women CIL Customary International Law CPA Child Protection Advisors CRC The Convention on the Rights of the Child CRPD The Convention on the Rights of Persons with Disabilities CTFMR Country Task Force for Monitoring and Reporting DDR Disarm, Demobilize and Reintegrate DPA Department of Political Affairs DPKO UN Department of Peacekeeping Operations DRC The Democratic Republic of the Congo EFA Education For All FARDC Forces Armées de la République Démocratique du Congo FDLR The Democratic Forces for the Liberation of Rwanda FRPI The Front for Patriotic Resistance in Ituri GC Geneva Convention GCPEA The Global Coalition to Protect Education from Attack HRC Human Rights Committee HRW Human Rights Watch HIV Human Immunodeficiency Virus IASC Inter-Agency Standing Committee ICISS International Commission on Intervention and State Sovereignty iii ICESCR The International Covenant on Economic, Social and Cultural Rights ICC The International Criminal Court ICJ International Court of Justice ICMW International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ICRC The International Committee for the Red Cross IDP Internally Displaced People IHL International Humanitarian Law IHRL International Human Rights Law ILO International Labour Organization INEE Inter-Agency Network for Education in Emergencies INGOs International Non-Governmental Organizations M23 March 23 Movement MDGs The Millennium Development Goals MoE Ministry of Education MONUSCO United Nations Organization Stabilization Mission in the Democratic Republic of the Congo MRM Monitoring and Reporting Mechanism MRM TRG MRM Technical Reference Group OCHA Office for the Coordination of Humanitarian Affairs OHCHR UN Office of the High Commissioner of Human Rights OOSC Out-of-School Children OSRSG-CAAC Office of the Special Representative of the Secretary-General for Children and Armed Conflict R2P The Responsibility to Protect SCWG-CAAC Security Council Working Group on Children and Armed Conflict SDGs The Sustainable Development Goals UDHR The Universal Declaration of Human Rights UNESCO United Nations Educational, Scientific and Cultural Organization UNDP United Nations Development Programme iv UNHCR The United Nations High Commissioner for Refugees UNICEF United Nations Children’s Emergency Fund UNMEE UN Mission in Ethiopia and Eritrea UNSCR United Nations Security Council Resolution UPCP The Union des Patriotes Congolais pour la Paix USAID United States Agency for International Development USD United States’ Dollar (Currency) v Acknowledgements True triumph is not without adversity. While this thesis marks a monumental achievement with great personal growth, it has also been accompanied by many hurdles and hardships. Persevering through these feats has required great strength, determination and support, to which I acknowledge the contributions of several highly valued and appreciated people: To Mom, Dad, Allison and Nova: Thank you for your tireless support during every phrase of this process, beginning long before I ever stepped foot into Kinshasa, or even New York City. In your own ways, each of you have been transformative role models to me since the day I was lucky enough to become a part of your lives. You have each made a substantial contribution to the inextinguishable passion that has long burned within me, and it is your support, which has enabled me to turn these passions into reality. To Dylan: The yin to my yang, while neither of us are perfect as we are, together, we are perfectly complete. You have taught me more than anything I could have learnt in any textbook: about life, about the world, and about myself. You have been by my side through it all, the utmost highs, but most importantly the deepest lows. Meeting you was the silver lining of the first hardship I had ever experienced, and continuing to have you by my side will be the silver lining in all difficulties to come. Thank you for always believing in me, for always seeing the best in me, both in my capabilities and all that I have to offer the world, especially at times when I could not see it for myself. Many thanks and gratitude is owed to my thesis adviser, Dr. Neil Boothby, who’s wealth of knowledge and expertise in child protection in emergencies has not only greatly enhanced the quality of this study, but has inspired me to continue working in this field. Taking your class my first semester truly helped put all the pieces together to discover my own career path, a once fuzzy and quite uncertain terrain. While many academic experts have substantially contributed to this thesis, the contribution of Bob Scott warrants specific acknowledgement. His patience, thoughtfulness and dedication in his assistance with the Nvivo analysis phase of this research is highly commended and extremely appreciated. I’d especially like to thank all of this study’s key informants for dedicating the time to participate in my research study. Each one of you, with your diverse sets of experiences, has helped to enrich my understanding of a very complex issue. I applaud each of your innovative efforts to address the atrocities that children face in armed conflict settings; you are each a pivotal piece of a seemingly insoluble puzzle. Lastly, it is crucial to acknowledge the continuous hardships faced by all children affected by armed conflict, as it is your perseverance and resilience, which continues to inspire me in both my personal and professional lives.