By Matthew Russell Lee
UNITED NATIONS, July 21 -- The UN's stated Human Rights Due Diligence Policy has effectively been killed, by the 391st Battalion of the Congolese Army and really by UN Peacekeeping chief Herve Ladsous.
After the 391st Battalion was implicated in 135 rapes in Minova in November 2012, Ladsous stonewalled then decided to continue support to them, after only two soldiers were arrested, and a dozen officers "suspended."
Now the 391st Battalion is implicated in the desecration of corpses, another war crime. This after Ladsous declined to continue to support them.
Here is Secretary General Ban Ki-moon's supposed“human rights due diligence policy," as articulated by hisoutgoing chief lawyer Patricia O'Brien at a July 9, 2013 meeting on which Inner City Press exclusively reported:
"First, the UN cannot provide support to non-UN security forces where there are substantial grounds for believing there is a real risk of those forces committing grave violations of international humanitarian, human rights or refugee law. Secondly, where grave violations are committed by non-UN security forces that are receiving support from the UN, the UN must intercede with a view to bringing those violations to an end. And thirdly, if, despite such intercession, the situation persists, the UN must suspend support to the offending forces."
At latest since the November 2012 mass rapes, there have been "substantial grounds for believing there is a real risk of those forces committing grave violations of international humanitarian, human rights or refugee law."
Ladsous tried to cover these grounds up, by refusing to disclose which FARDC units his MONUSCO mission was supporting, and which units were in Minova. Ladsous openly refused Inner City Press questions on this topic at stakeout after stakeout, video here.
But when it came out, he claimed to "intercede with a view to bringing those violations to an end." This resulted in only two arrests, for 135 rapes, and the cited dozen "suspension."
It could have been foreseen that this low level of accountability would not bring violations to an end. And it did not: the same 391st Battalion, in July 2013, was involved in abuses including the desecration of corpses, which Inner City Press asked Ban's spokesperson Martin Nesirky about on July 16.
Clearly stage three of the Policy has been reached: despite intercession, the situation has persisted. So the UN "must suspend support to the offending forces" -- but has not.
The Policy has been killed by Ladsous and the 391st Battalion. Immediately, DPKO must be made to disclosure which units it supports, not only in the DRC but at least the two other countries the Security Council has applied the Policy to, South Sudan and Somalia.
Similarly in South Sudan, when Inner City Press asked about video evidence of Ladsous' UNMISS mission standing by as thousands of Lou Nuer fighters marched by from killing Murle, and asking about the Policy, the written response has been as if to a hypothetical:
Subject: Your question on South Sudan.
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Fri, Jul 19, 2013 at 12:00 PM
To: Matthew.Lee [at] innercitypress.com
From: UN Spokesperson - Do Not Reply [at] un.org
Date: Fri, Jul 19, 2013 at 12:00 PM
To: Matthew.Lee [at] innercitypress.com
A request for aviation fuel to aircraft of the Sudan People’s Liberation Army would be viewed as a request for “support” and would be subject to a risk assessment on the basis of the Human Rights Due Diligence Policy.
In the event that such a request was approved, the UN Mission in South Sudan (UNMISS) would take steps to monitor how the fuel is used in order to ensure that it not be diverted for other purposes.
So: was such a request made? Was it approved? Which units of the SPLA does UNMISS support? Because Ladsous is not credible in implementing or enforcing the stated Human Rights Due Diligence Policy. Watch this site.
