Pages

Bienvenue, Welcome, Karibu

Bienvenue sur notre Blog et merci de nous laisser votre commentaire;
Welcome to our Blog and thank you for leaving your comment;
Karibu kwa Blog yetu na asante kwa kuacha maoni yako.

Rechercher dans ce blog

vendredi 5 juillet 2013

Post-conflict reconstruction issues in the Eastern DRC: the prospects of sustainable peace

By Philippe Tunamsifu Shirambere

Generally speaking, conflicts are inevitable or an inescapable fact of human existence. However, warring parties may themselves avoid further conflict, stop fighting and negotiate a settlement, or a third party may enter the scene and enable parties to transform their relationship and reach an agreement. Thus, beyond stalemate and de-escalation, warring parties commit to not re-engage in armed conflicts, prevent future conflicts and involve in reconstruction efforts. Nevertheless, often one party may fail to fulfill the agreement or be without good faith and the conflict might escalate again. This is the situation to which the DRC is confronted since 1997 even before; various armed conflicts have taken place, peace agreements have been signed, but conflicts still escalate as the result of failure to restore the State’s authority. On the other hand, agreements with armed groups and neighboring countries are not respected because of selfish interests. Particularly, in the eastern part of the DRC conflicts occur in a vicious circle up to date. Areas rich in minerals are still under control of rebel groups. Consequently, this situation has delayed the country’s development, it blocks the reconstruction of the country, and unfortunately it has created hatred among Congolese.
Indeed, this paper tries to respond to the following question: how can reconstruction be possible in the eastern part of the DRC while the current regime has failed to restore the State’s authority and to resolve conflicts?
Different attempts of restoring sustainable peace in the eastern part of the DRC will be examined in detail. Sustainable peace should be seen as a holistic approach which takes into account all aspects of life.  It is very complex and requires more efforts of all stakeholders to talk about what happened and to address the main issues.
Regarding the desire for truth and the public’s demand for justice through different signed peace agreements, as the first truth and reconciliation commission (2003-2006) has failed to open a single enquiry; this paper will examine the priority of designing a new truth and reconciliation commission as prospect to attain sustainable peace in the DRC. Before that, the indigenous multi-ethnic mechanism of low-level conflicts settlement in North Kivu, ‘Barza intercommunautaire’ could be re-established in order to sensitize all ethnic groups and bring dialogue between them with the purpose to welcome the truth and reconciliation commission. Moreover, because the conflicts have a regional implication, in order to maintain stability in the eastern part of the DRC, a national dialogue will be suggested in both neighboring countries so that the Rwandan and Ugandan militias operating in the Congolese eastern forest since 1994 may return in their respective countries through a dialogue process because efforts for military disarmament have not been successful.

Thus, this paper provides a brief overview of different conflicts; analyzes different attempts to address the past as the way to rebuild the country, and the prospects of sustainable peace.
Send your comments as the paper will be published soon.
Paper presented to the International Peace Forum in the collaboration with the Rotary Club of Pretorai Hatfield and the Institute for Dispute Resolution in Africa (IDRA-UNISA) on May 2013.

Philippe Tunamsifu Shirambere is currently an LLD Student at UNISA. Has a Master of Arts in International Law and the Settlement of Disputes from the United Nations affiliated University for Peace (Costa Rica-2001) and a Honours in Public International Law from the Université Libre des Pays des Grands Lacs (ULPGL-Goma). He is also a lecture of law at the ULPGL in the Eastern part of the DR Congo and author of two books in addition to a number of articles.

mercredi 5 juin 2013

International Humanitarian Law violations in the armed conflict in eastern part of DR Congo: the case of the CNDP

Tunamsifu Shirambere Philippe

More than six decades since the adoption of the Geneva Conventions of 1949, mankind has experienced an alarming number of armed conflicts affecting almost every continent. During this time, the four Geneva Conventions and their Additional Protocols of 1977 have provided legal protection to people not or no longer participating directly in hostilities (the wounded, sick and shipwrecked, persons deprived of their liberty for reasons related to an armed conflict and civilians). Even so, there have been numerous violations of these treaties, resulting in suffering and death which could have been avoided if International Humanitarian Law (IHL) was better respected.

For more than two decades, the African Great Lakes Region has been characterized by intense political violence which has resulted in various violations of serious international crimes including genocide, crimes against humanity and war crimes.

This article will focus on the third armed conflict (2004-2009) under the leadership of General Nkunda and Colonel Mutebusi’s rebellions. Besides, it the legal reasoning of the violations of international humanitarian law during the third conflict in the DRC and then presentes the necessity to prosecute the perpetrators.

For more, the article was published in A38JIL 2(1), (April 2013) 244-252 Available at 

Illegal Trafficking of natural resources by the UN peacekeepers in the Eastern Part of the DR Congo

Tunamsifu Shirambere Philippe

Since 1996, the DRC has been the theater of armed conflicts in which were involved neighbor countries. As the conflict became the threat to the regional peace and security, the UNSC was concerned and called for a ceasefire and the withdrawal of foreign forces. Following the signing of Lusaka Ceasefire Agreement, through the resolution 1279(1999) the UNSC established the MONUC which became MONUSCO by the Resolution 1925(2010). Indeed, the main mandate was the protection of civilian population, humanitarian personnel and to support the Government in its stabilization and peace.
Nevertheless, since the establishment of the MONUC/MONUSCO, many evidences have been expressed to denounce the involvement of peacekeepers in gold trading and possible provision of arms and ammunition but ever since no sanctions. They were also involved in illegal trafficking of natural resources through national staffs of the MONUC/MONUSCO. In proceedings of fragrance, the court has found him guilty for trying to smuggle minerals to Rwanda and has been condemned.
Indeed, the conclusion underlines that the UN peacekeeping had not been able to successfully reestablish peace even to prevent illegal trafficking of natural resources.

Thus, this study tries to analyze the involvement of peacekeepers in illegal trafficking of natural resources and a legal case.
The article was published in the A38 Journal of International Law, Volume 1, Edition 2. (October 2012) and is available on: