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The Failure of Humanity - Reprise

By Phil Lancaster and Roméo Dallaire

February 2009


The UN Security Council approved last November another 3,000 troops to be added to the roughly 17,000 military peacekeepers already deployed across the Democratic Republic of Congo (SC Resolution 1834) as part of MONUC, the UN mission in that country.  The Resolution was adopted nearly two months after it had become clear that MONUC troops could not contain the latest outbreak of fighting.  So far, despite a lot of media attention and behind the scenes diplomatic arm twisting, no one has offered to send the additional troops Ban Ki Moon has asked for. By now it must be clear that a relief force is unlikely to reach Goma in time to prevent Laurent Nkunda from taking the city should he decide to.  Even if troops could be deployed quickly, the leaders of countries with armies capable of providing well led, well equipped and well trained troops that would be needed to recover some of the UN’s lost credibility have made it equally clear that none of them are eager to commit to what most of them see as yet another forlorn adventure in Africa. So, despite the 250,000 newly displaced Congolese, despite clear evidence that MONUC has been overwhelmed and desperately needs help, despite almost daily reports of massacre, rape and child abductions, the best we can do is waste months deciding that help is needed only to dither over who should respond. Clearly, MONUC has failed to fulfill its core mandate of protecting civilian life in Eastern DRC. Equally clearly, the nations of the world are holding back from MONUC the resources it needs to get the job done.  How did it come to this – again?

 

There is a double problem here that needs some thought.  The first of these is the need for immediate action to save lives and mitigate harm.  To do this, Canadians must recognize that sitting on the sidelines cheering on a reluctant set of players contributes little more than noise to a process that demands action, not more empty words.  No matter how morally indignant we might be about the collapse of MONUC forces in Eastern DRC we have no moral right to insist that the Indian, Pakistani, South African, Senegalese, Uruguayan and other soldiers who make up MONUC’s numbers in the field should be prepared to sacrifice themselves to our ideals. Who are we to ask others to take up a burden we are not willing to carry ourselves?  Surely we are better than this.  If we want the game to be well played, we need to get onto the ice ourselves and start showing the other teams what it means to play to win. We can’t do it from the sidelines.

 

If we as Canadians want to speak up and be heard as part of an international effort to save lives and mitigate the effects of conflict in DRC, or indeed in Darfur, we must understand that the credibility of our voice depends on what we are prepared to do, not only on what we are prepared to say.  If we truly believe there is a responsibility to protect (R2P) the victims of this conflict, then we must act in accordance with our beliefs.  In fine old Canadian tradition, we should put up or shut up.  But if we opt for silence we forfeit our right to the illusion that we are a force for good in our world.  We also forfeit our commitment to the universal application of a human rights agenda.  Will that be a Canada any of us will be proud of?

 

There is a larger issue here that also needs consideration.  The UN relies on the collective will of its member states to generate credible Peacekeeping missions.  If rebel leaders like Laurent Nkunda succeed in intimidating a UN mission then they succeed as well in destroying the credibility of the member states and their capacity to back up their collective decisions.  A challenge to collective will is a challenge to each member of the UN to decide again if they think the UN is worth supporting and if  indeed it can be given responsibility over peace processes as complicated as that of DRC.  If Nkunda can demonstrate to other rebels around the world that he can dictate terms to the UN then he will have shown once again how hollow the Peacekeeping idea is.  Can we afford to let this happen?  

 

The second problem is more difficult to define but concerns the limits of what can be achieved through UN Peacekeeping.  Have we over-reached the capacity of the Peacekeeping model? Here, it is important to understand some of the complexity of the context.  In DRC, MONUC’s mandate includes a duty to support the development of a post-civil war government in Kinshasa and to protect its sovereignty.  Unfortunately, since the present government, under President Joseph Kabila, is a product of a MONUC supported election process, they are stuck with its warts and blemishes; which are increasingly hard to hide.  After two years in power, the government has done nothing to suggest it is capable of addressing the enormous needs of its citizens or to harness the country’s tremendous wealth to the common good.  Indeed, one could be forgiven for thinking that the ghost of Mobutu Sese Seiko still rules and that the top priority of most government ministers seems to be feathering their own nests. Virtually none of the donor driven swirl of government meetings and speechifying results in anything more than entertainment value for the few able to afford television sets and electricity.  Basic government services are non-existent: school teachers are not paid on time, hospital workers strike over lack of salary and medical supplies, police continue to ‘pay them selves’ and soldiers seldom see their meager salaries.  Yet senior government officials can afford two story hotel suites at the Millenium Towers in NY City and routinely draw daily sitting allowances in excess of the average annual salary for those few lower officials lucky enough to draw them.  It is a government of entitlement rather than one of service to its people. To a great extent, MONUC has the unenviable task of standing between this government and the consequences of its own failings.  MONUC has no executive authority to correct errors in government judgment, has no mandate to make up deficiencies in Congolese leadership or to take direct control of their military forces.  Its role in relation to the government is one of mentorship and capacity building.  At the same time, MONUC is, by default, the only agency that can assume responsibility when the government gets things wrong – which so far it has consistently done. But that is not all.

 

Nowhere is the government of DRC capacity thrown into question as clearly as it is in Eastern DRC.  Their inability to cope with the combined effects of a charismatic rebel, collapsed communications infrastructure, poisonous inter-ethnic relations and less than benign neighbours is understandable.  But President Kabila’s willful determination to humble Nkunda through military force rather than negotiate with him has developed a strange new twist in peacekeeping that throws into question both Kabila’s intentions and the capacity of a peacekeeping force to deal with them.  Knowing that his own forces were unreliable, Kabila attempted to draw MONUC into fighting on his behalf.  Kabila gambled the lives of his own people on the outcome of battles his forces were unlikely to win but whose outcome they thought could be assured by playing with MONUC’s mandate to protect civilians. All the government forces had to do in this circumstance was to attack and either win or draw MONUC forces to come between the civilian population and advancing rebels.  When the government thought MONUC wasn’t enthusiastic enough, demagogues manipulated public opinion to generate the stone throwing mobs that figured so prominently in news casts several weeks ago.  MONUC was caught between its mandate to protect civilians and the long standing tradition of neutrality of UN forces.  As the conflict developed, so did its ironies.  On a number of occasions, deserting government troops turned on their own people thus further complicating the lives of MONUC troops who then found them selves having to protect civilians from their own government forces.  In some cases they would have found themselves protecting civilians who only days before had been throwing rocks at them.  Small wonder that MONUC forces often seemed frozen in indecisiveness. 

 

UN Peacekeepers are generally used to act as a sort of referee force between opposing armies that have agreed a ceasefire.  When used between sovereign states, they at least have the possibility of dealing with functioning governments.  In DRC, Haiti, Sudan and a number of other places too many to enumerate, Peacekeepers find themselves thrust into very complex civil conflicts where there is no reliable political or institutional structure to work with or where they become pawns in ongoing power struggles.  One of the characteristics of this power struggle in DRC has been a consistent willingness to use civilians as instruments and to force MONUC’s hand. I have not mentioned Nkunda’s use of civilians to mask his troops from MONUC helicopter gun ships nor the terror tactics he uses to stampede civilians into UN positions but let me assure the reader that both sides show no compunction where civilians are concerned. Were there the slightest evidence that a victorious government would use its power to increase the general welfare of its people, then MONUC’s role would be much easier to define. Sadly, there is no such evidence.  Since both sides to the conflict threaten the people as a means to manipulate MONUC, the question of whether the people might not be better off without MONUC has to be asked. After all, if MONUC were not there, threatening the people would not be an effective strategy.  Have we stretched Peacekeeping beyond its capacity?

 

So, we are back to the beginning.  While there is an immediate need to intervene to protect the people of DRC, there is also a clear need to ensure that doing so does not open them to worse problems in the future.  On the evidence so far available, it is not clear that an emergency reinforcement of MONUC would serve any long term purpose unless connected to a much improved strategy to generate good governance in Kinshasa and to hold the leaders of all the forces accountable for war crimes – including Kabila and Nkunda.  However, an immediate UN response could at least slow the loss of credibility that is making the UN system look like Enron when its books were opened to scrutiny.  The problem then is for the interested nations of the world to look ourselves in the mirror and see if there is any sign of moral integrity here.  If we agree that the UN Peacekeeping system is worth saving and we agree that rescuing MONUC is a key part of the process then we need to decide how much we are willing to invest. Since the work will be dangerous and difficult, the only way to make sure it’s well done is to volunteer to do a share of it ourselves - and quickly.  If we remain on the sidelines wringing our hands then we almost certainly lose our hope that Peacekeeping can somehow be made useful again. We undermine the hope that what results from our future deliberations will reflect our determination to make sure the world does not lose its best chance for steering itself away from the brink of future wars.  How many times can Humanity fail before we give up on it?

Major Philip Lancaster was General Dallaire’s executive assistant during the 1994 Rwandan genocide and has recently returned from a year in Goma working for MONUC where he ran the UN demobilisation programme.

LGen Roméo Dallaire commanded the United Nations Assistance Mission for Rwanda (UNAMIR) in 1994. He was appointed to the Senate in 2005 and is a member of the Senate Standing Committee on Human Rights


A Question of Child Rights, Not Politics
By Romeo Dallaire

August 2008


In Thusday's Editorial section I was very disappointed to see that my honourable colleague, Conservative Senator Consiglio DiNino, has mistaken a question of statesmanship and fundamental rights for a partisan political squabble (Re: Dallaire's outrage in Khadr case 'selective' - 7 August 2008).

My colleague says I insult the intelligence of Canadians when I ask that a former child soldier be treated in accordance with international law.  In fact, I am doing the opposite.  I am trusting Canadians to see beyond the superficial aspects of Omar Khadr's case and to recognize that his treatment violates international law and sets a precedent that will endanger thousands of child soldiers around the world. Both Canada and the United States have signed the Optional Protocol on the Involvement of Children in Armed Conflict, which prohibits the recruitment of children by armed groups, and provides for their reintegration and rehabilitation, not prosecution.

Instead of dwelling on the personal failings of Omar Khadr's parents, brothers and sisters, I have tried to remind Canadians that this is a question of child rights, not politics.  It is easy to harbour reservations about the Khadr family.  It is politically convenient not to move beyond a gut reaction to their most objectionable beliefs.  In cases such as this, it requires intelligence, compassion, and a true willingness to see the 'big picture' to remember that all children have inalienable rights, even if their families, or they themselves, have done things we disapprove of.

In a speech on my motion in the Senate on 27 May 2008, Senator DiNino told me he cares about the rights of child soldiers and understands why I have taken up this pressing international issue.  Two months later, he claims my position on Omar Khadr is "selective and convenient" and designed to "score cheap political points."

It is saddening to see that my honourable colleague is unable or unwilling to recognize that Guantánamo is home to an illegal process. I ask the Government to respect Canada's international obligations and adhere to their own commitments on the use of children in armed conflicts instead of confusing the issue with ill-judged partisan attacks.


Who are the real criminals in Omar Khadr’s case?

By Romeo Dallaire

May 2008

 

Canadians must realize by now that our government’s sophistry and cynicism toward Omar Khadr’s tragic predicament are simply a masquerade for an unacceptable moral position. We are permitting the U.S. to try a Canadian child soldier for serious crimes by a military tribunal whose procedures violate basic human rights and are a mockery of the principles of justice.

 

Using clever words and pat responses, the Canadian government sloughs off a situation which flies in the face of international law and the very protocol to protect child soldiers we’ve helped shape. The Khadr fiasco has sullied Canada’s reputation as a conscientious advocate of human rights and justice at home and abroad.

 

Speaking recently about the Harper government’s inaction on the Khadr file, former Foreign Affairs Minister Maxime Bernier glibly told the House that “the current policy of the government is one that has been in place since 2002” and that the government “is making sure that justice takes its course.”

 

In 2002, during the panicky aftermath of 9/11, the Canadian government’s policy towards Mr. Khadr was unquestionably wrong. However, sticking stubbornly to a six-year-old approach towards this young man’s appalling circumstances clearly illustrates the government’s inflexible policy mechanism and perhaps even its compulsion to bow and scrape to the Bush administration.

 

During the current government’s two years of leadership, we have heard troubling facts about Guantánamo Bay and incontrovertible evidence of U.S. malfeasance. In light of these facts, what was a wrong-headed policy towards Mr. Khadr in 2002 has become an unconscionable one in 2008. Here’s a sampling of facts the government chooses to ignore in its stale responses about its hands-off policy.

 

In July 2006 the UN called for the closure of Guantánamo Bay, calling the indefinite detention of individuals without a charge “a violation of the convention against torture.” Two months later, more than 600 U.S. legal scholars and jurists called on the Congress not to enact the Military Commissions Act 2006 as it would rob detainees of fundamental protections provided by domestic and international law. This Act allows evidence gleaned from abusive interrogations, including coercion and torture. The commissions also sabotage individuals’ ability to defend themselves by barring access to exculpatory evidence known to the U.S. government. In Mr. Khadr’s case, documents to be used as evidence for war crimes charges, laid in February 2007, have been altered. Finally, in December 2007, Colonel Morris Davis, then chief military prosecutor of the military tribunals, resigned in protest over political interference. He said “it’s a disgrace to call it a military commission – it is a political commission.”

 

Omar Khadr’s ordeal began in 2002 when the 15-year-old was present during a firefight with U.S. troops in Afghanistan. Despite his age and the two serious gunshot wounds Khadr suffered during the incident, he was taken prisoner as an adult combatant for allegedly killing a U.S. serviceman. Even while he lay healing from his wounds, he was ill-treated, possibly tortured and certainly threatened with rendition, rape and death. We now know even Canadian officials capitalized on Khadr’s incarceration at Guantánamo Bay to question him and subsequently share that information with his captors.

 

Despite all this, the foreign affairs minister sticks to his line that the government “is making sure that justice takes its course.” It’s difficult to imagine how anything resembling justice can come out of the bizarre machinations and fundamental immorality now at play at Guantánamo Bay.

 

Our government is oblivious to the fact that the US Military Commissions were created, not to dispense justice, but to convict at any cost those being held. Ordinary Canadians with 15-year-old children would be outraged if their sons or daughters were treated like Omar—regardless of the seriousness of their alleged misdeeds.

 

Within the international community, Canada is viewed as gullible for allowing its citizen to be used in justifying an illegal tribunal system at Guantánamo and as hypocritical for quietly acceding to the first ever child soldier war crimes prosecution.

 

But even beyond Mr. Khadr’s individual case, Canada’s inaction has profound international ramifications. The UN Special Representative for Children in Armed Conflict, Radhika Coomaraswamy, says Khadr’s prosecution sets a hazardous precedent in international law, which will endanger child soldiers in conflict zones. The impunity enjoyed by the real criminals—those who have recruited child soldiers—continues to the detriment of the real victims: the thousands of child soldiers around the world.

 

Instead of quibbling about which crimes and atrocities are more serious than others, this government must act now like all of our allies to bring one of our citizens home. As long as it doesn’t, it perpetuates a catastrophic affront to human rights and international law. The Harper government must not be allowed to hide behind unethical assertions nor use parliamentary processes as a smokescreen to delude ordinary Canadians into believing that all’s well at Guantánamo Bay.


China thirsts for international acceptance, but first it has a dirty secret to explain

By Romeo Dallaire

May 2008

 

Many consider it taboo to speak of the genocide in Darfur and the upcoming Beijing Olympics in the same breath. I disagree entirely. I believe the two should be firmly linked in the public’s mind, and I said so in blunt terms during a recent CBC interview. I was quickly and severely criticized for my comments by journalist Lysiane Gagnon (The season of China bashing, The Globe and Mail, April 21, 2008) and by academic Christian Constantin (N’humilions pas la Chine!, La Presse, April 12, 2008).  In general terms, they thought I needed a history lesson on Chinese political progress and a stark reminder of the West’s sins and our past and present willingness to trade with countries whose human rights records are shaky or even dismal.

 

There’s no doubt Western countries have demonstrated abysmal judgment in various crises over the past couple of centuries, and their failures and misdeeds need retelling and analysis lest they be repeated.  Western insouciance and intransigence over the past few decades alone have been staggering in terms of human suffering—think of Sierre Leone, Rwanda, the Congo, Eastern Europe and Afghanistan, to name a few.

 

For the moment, however, the crisis screaming out to Western nations and the international community is the genocide in progress in Darfur.  China has been obstructionist in the UN Security Council and blithely supplies Khartoum with modern arms in exchange for oil.  This has enabled Sudan to systematically kill 300,000 Darfuris since 2003, and to harass, torture, rape and starve the 2.5 million Darfuris it has displaced.

 

The Chinese government wants us to ignore their central role in all this, and to laud them as the gracious host of the 2008 Olympic Games.  Beijing’s painstaking efforts to paint itself in a positive image for the world’s gaze attests to the Chinese government’s obsession with being unconditionally accepted as an open, modern, honourable and progressive player by the international community.

 

Based on its behaviour in the Sudan, however—which I liken to that of a colonial power—the Chinese government cannot possibly be afforded the accolades it so eagerly craves. Led by liberal democracies and middle powers like Canada, the international community must protest China’s role in fuelling the Darfur genocide and use the leverage of the very international disapprobation it fears to stop supporting Khartoum and obstructing at the UN the deployment of the desperately needed, 26,000-strong United Nations–African Union Mission in Darfur (UNAMID) peacekeeping forces.

 

Ms Gagnon and Mr. Constatin assert the Chinese regime is too proud to give in to Western pressure. Moreover, they say, public pressure from the West would only push the Chinese to withdraw behind their communist dictatorship. We need to challenge these assumptions. In any event, remaining silent while China continues to help Khartoum hammer away at helpless civilians with gun ships and coordinated ground attacks with the brutal Janjaweed militia would be repugnant and morally indefensible.

 

Fortunately, international criticism is not the only force at work.  Despite government repression, student, labour and intellectual movements in China have been fighting for democratic and political reforms for a long time. Recall the Tiananmen Square protests of 1989, which sprung from the disaffection of ordinary Chinese citizens. China’s growing middle class (numbering about 300 million today), who seek a better standard of living and greater freedoms, will also push the Chinese government to become a respected and reliable international economic power.

 

According to Ms. Gagnon and Mr. Constantin, China has made significant strides in justice and tolerance and they remind us of some of the great economic, cultural, political and social progresses this country has made. But let us not forget that it still routinely engages in torture and arbitrary imprisonment. We must also acknowledge that, with its 2.2 million soldiers, the Chinese government has ample ability to contribute to peace efforts in Darfur, not just to send in advisers to teach the Sudanese forces how to use the weapons it provides against defenceless civilians.

 

Despite the objections of my detractors in their articles, I will consider my comments to have had a positive result if they make us realize that we must act to resolve the current conflict in Darfur, which has left millions in unspeakable living conditions.

 

In addition to existing political, economic and diplomatic channels, we must use the vaunted Olympic Games to pressure the Chinese government and to enlighten its people about what it’s up to in Darfur and why the international community is outraged. For now, Beijing keeps Chinese citizens hyped on Olympic glory, insulated from outside media, and ignorant of its dirty work in Darfur. It’s a despicable scenario we cannot allow to persist.