As UN Quietly Re-Starts Military Help in Congo, Says Not With Zimulinda

By Matthew Russell Lee
www.innercitypress.com/drc1leo030410.html

UNITED NATIONS, March 4 -- The UN Mission in the Congo under Alan Doss increasingly has been under fire for working with army units charged with war crimes. In late 2009, the UN's own special rapporteur Philip Alston criticized MONUC for working with Colonel Innocent Zimulinda, charged with rape and murder. But MONUC apparently didn't have enough evidence.

On March 2, UN spokesman Martin Nesirky told Inner City Press that MONUC's new operation with the Congolese Army, Amani Leo, had not yet begun. But the following day it emerged that the operation had begun on February 26, with MONUC providing logistical support to up to 18 Congolese battalions.

At the March 4 noon briefing, Inner City Press raised this to Nesirky, asking if the "logistical support" includes transporting weapons and ammunition, and asking for a list of the 18 battalions MONUC will work with, to cross check against war crimes lists. Video here, from Minute 7:20.

Nesirky, as he had about the job action against MONUC by its local workers, told Inner City Press to ask MONUC. But he went on to describe MONUC's screening criteria. Inner City Press asked, does that mean the UN will not work with Zimulinda, sometimes known as Zimurinda?

By the UN's own summary of the briefing:

In response to a question, the Spokesperson noted that the UN Mission in the Democratic Republic of the Congo (MONUC) has a set of conditions, in line with Security Council resolutions, concerning the way in which it supports operations by the Congolese Armed Forces. Primarily, MONUC provides logistical support limited to Congolese operations that are underway, including such things as fuel, transport and evacuations of wounded personnel.

That assistance, Nesirky said, was taking place for Operation Amani Leo, which technically began on 1 January but has moved into an operational phase recently.

Asked about UN involvement with Congolese Armed Forces units that have been linked to human rights violations, the Spokesperson recalled that MONUC has an agreed procedure in place with the Congolese Armed Forces, which it has used to screen all units and commanders directly involved in operations that MONUC is called upon to assist. This includes joint planning of these operations as required by the Security Council.

Asked about any involvement by the United Nations with Colonel Innocent Zimulinda, Nesirky said that units commanded by Zimulinda are not receiving any assistance from MONUC.

We'll see. Meanwhile, the supposed investigation by the UN of Alan Doss' six line email urging the UN Development Program to show him "leeway" and give a job to his daughter has, eight months later, still not been completed. The UN cannot be a void for accountability in the Congo or elsewhere when there is no accountability by even the chief of MONUC....

And see, www.innercitypress.com/drc1leo030410.html

In Congo, UN National Staff Tell Doss They Will Strike, UN-Clarity on War Crimes

By Matthew Russell Lee, Exclusive
www.innercitypress.com/drc2zimstrike030310.html

UNITED NATIONS, March 3, updated -- The UN Mission in the Congo, MONUC, is not only under fire for having worked with accused war criminals in its operations in the Kivus, and for MONUC chief Alan Doss' presumptive nepotism in asking the UN Development Program to show him "leeway" and give a job to his daughter. Now, MONUC faces another strike by its national Congolese staff members.

Inner City Press has obtained, and is putting online here, a list of demands sent to Mr. Doss and others by MONUC's national staff union. The union accuses MONUC of having obstructed its activities and communications, have violated re-classification rules and engaged in pay disparities.

A work stoppage is planned for March 3 to 5. Watch this site. Meanwhile, Inner City Press has against asked the UN for a simple answer to the question of whether it will work with Congolese Army units controlled by Colonel Zimurinda (or Zimulinda), accused of war crimes by the UN's own special rapporteur Philip Alston.

Last time he was at UN Headquarters, Doss declined to talk to the Press: he has resorted to a series of letters to the editor, playing out the clock. At the March 2 noon briefing, Inner City Press asked

Inner City Press: About MONUC [the United Nations Organization Mission in the Democratic Republic of the Congo] 50 Congolese human rights groups and Human Rights Watch have written to the Government there saying that Colonel Zimulinda, or Zimurinda, should be prosecuted for war crimes in Shalio. And they have also raised separately a concern that the UN’s Amani Leo operation that’s about to begin in the Congo will somehow, may work with Colonel Zimulinda’s unit. I’ve asked DPKO [the Department of Peacekeeping Operations], but I am not clear on their answer. Is MONUC… does it hear the call of the groups and does it preclude working with Colonel Zimulinda, or would it consider working with him on Amani Leo?

Spokesperson Nesirky: Well, there are a number of questions there. Do we hear the voices of different NGOs? Clearly, we hear lots of voices out there, including the Security Council, which laid down very strict parameters on what is admissible and not admissible in the way that MONUC conducts operations with the forces in the Democratic Republic of the Congo. That would be very strictly adhered to. In other words, if there is evidence that anyone has been involved in atrocities, crimes against humanity, the UN, MONUC, is not going to be working with those people. And that’s very clearly spelled out, and that’s what’s being looked at, as you quite correctly said, this follow-on operation has not yet started, and it’s precisely because MONUC is very carefully looking at the contingents that it will be working with.

Question: I would follow up, except I know time is limited.

But ever afterwards, there was still no answer.
DPKO sent Inner City Press:

Subject: Zimulinda - further clarification
From: DPKO
Date: Tue, Mar 2, 2010 at 6:52 PM
To: Inner City Press
Dear Matthew,

Following your question on Zimulinda during today's briefing and after consultation with Martin, since you mentionned that you were unclear about our answer on Zimulinda, kindly find herebelow some further clarification in addition to what Martin has told you today :

* Units commanded by Zimulinda are not receiving any assistance from MONUC.

* MONUC has an agreed procedure in place with the FARDC, which we have used to screen all units and commanders directly involved in operations that MONUC is called upon to assist. This includes joint planning of these operations as required by the Security Council.

But, as the human rights group have asked, WILL the UN work with Zimurinda? Watch this site.

Update: When on March 3 when Inner City P ress asked about this national staff job action against MONUC, Nesirky said to "ask MONUC." He assked dismissively that there was not work stoppage, only "casual workers" and a few national staff engaged in a protest. Video here, from Minute 7:12.

After Nesirky read out a response about the UN's Mission in Lebanon, rather than saying "ask UNIFIL," Inner City Press asked about the difference. Video here from Minute 15:45. "It's very clear," Nesirky said. "There is a difference between speaking with colleagues in MONUC and having the guidance." Moments after the briefing, one of Nesirky's assistance emailed this MONUC "guidance" to Inner City Press:

Subject: answer to your question on Monuc
From: Yves Sorokobi at UN.org
To: Inner City Press
Date: Wed, Mar 3, 2010 at 12:48 PM
"Work stoppage" or "strike"

There has been no work stoppage or strike at MONUC. Approximately 100 "casual daily workers" and 8-10 Congolese staff of MONUC demonstrated peacefully outside MONUC Headquarters in Kinshasa today. The rest of the 2,700 national staff (of whom 798 are in Kinshasa) and some 3,000 daily workers reported to work throughout the country.

On MONUC leadership willingness to engage in dialogue with national staff

The Administration has met repeatedly with representatives of the national staff and has remained open to discuss grievances. The Mission has worked with DFS to improve conditions of service within the constraints of the MONUC budget and UN rules and regulations. The SRSG has agreed to meet personally with a staff delegation at Mr. Nondo's request.

On Nondo's status

Mr. Nondo was absent from work for some five months without authorization. He was repeatedly asked to return and did not respond. He remains a staff member of MONUC. The MONUC leadership has continued to engage with him as a representative of the national staff, although the association, under his leadership, has refused to hold general elections for [almost]* three years. UN Staff Regulations (8.1 (b)) require staff elections to hold general elections at least once every two years. A number of staff are now demanding new elections.

MONUC facilitates the work of the National Staff Association by providing paid time to the president and vice president to conduct association business and providing offices, communications facilities, transportation and other support.

On the grievances

These have to do with issues faced by national staff and other national employees in many peacekeeping missions, including delays in results of UN system surveys to set local salaries, the status of "casual daily workers" and other questions that are governed by rules and regulations established by the UN's administrative and budgetary bodies. MONUC has worked continuously with DFS to address these issues within the constraints of its budget and UN rules and regulations.

At the March 3 briefing, after Nesirky tried to say to "ask MONUC," Inner City Press asked, but wasn't DFS, at headquarters, involved?

*- after initially saying "over" three years, the UN subsequently changed it to "almost." The UN levels tihs same charge at its New York union. Are the UN best practices in union busting or divide and conquer?

And see, www.innercitypress.com/drc2zimstrike030310.html

UN Says It "Cannot Name and Shame" on Sexual Violence, Silence on Congo Report

By Matthew Russell Lee
www.innercitypress.com/un1sexviol020910.html

UNITED NATIONS, February 9 -- The UN on February 9 bragged about its work against Sexual Violence in Conflict, introducing Secretary General Ban Ki-moon's new Special Representative on the topic, Margot Wallstrom.

But when asked why the UN's Mission in the Congo MONUC works with Army united accused of mass rape by the UN's own Special Rapporteur Philip Alston, and why the UN never disclosed any discipline for Sri Lankan peacekeepers sent home from Haiti after being accused of sexual abuse, the UN had no answers. Video here, from Minute 16:23.

Inner City Press asked Alain Le Roy, Under-Secretary-General for Peacekeeping Operations, about a portion of Alston's report describing that

"In Shalio (near Busurungi in North Kivu) it appears that the FARDC, led by Colonel Zimulinda, attacked a makeshift camp of Rwandan Hutu refugees on 27 April 2009. The FARDC surrounded the camp, shot and beat to death at least 50 refugees and burnt the camp to the ground. It also appears that some 40 women were abducted from the camp. A small group of 10 who escaped described being gang raped, and had severe injuries; some had chunks of their breasts hacked off. It is not known what has happened to the other 30 women."

Inner City Press has previously asked MONUC chief Alan Doss about the report, after it came out in October. Doss never announced any suspension of support to Zimulinda's unit. Rather, he made a misleading announcement of the end of the Kimia II operation. Soon thereafter, it was replaced by another operation, Amani Leo, in which MONUC supports questionable units of the Congolese Army.

Le Roy on February 9 said that the UN is "vetting unit by unit." He blurred a word, or made a Freudian slip, saying that "Alan Doss knows [or does] very well, each times there is full evidence" of abuse by a unit, "we stop our support." Video here, from Minute 18:50. So does Alan Doss do this well? Or is the claim that he "knows" very well the policy?

Inner City Press asked why, four months after Alston's report, which was followed by others (with Zimulinda called "Zimurinda"), the UN has apparently done nothing. Video here, from Minute 19:18. There was another recent report of the UN and accused mass rapist Bosco Ntaganda, which some in the UN think was unfair. But what about Zimulinda?

Why does it take the UN four months to study Alston's short report? Why has it taken the UN eight months and counting to "investigate" and act on Alan Doss' six line email to UNDP asking them to show "leeway" and give his daughter a job? Does Doss "do" well, or simply "know" well?

At the UN, is it all about who you know?

Le Roy answered a question by referring to a new UN web site purporting to provide transparency into the disposition of allegations of sexual abuse or exploitation by UN peacekeepers. Inner City Press pointed to a particular page, here, which reports that the UN made 82 communications about abuse to Troop Contributing Countries in 2009, and got 14 "responses."

Inner City Press asked, were the responses indications of prosecution? Or merely letters in response? This, Le Roy did not answer. He said "we cannot name and shame," because TCCs don't want it. But nor should the UN give blue helmets and immunity to soldiers who, if they rape, suffer only "repatriation." More disclosures should be made -- we will continue to pursue this. Watch this site.

And see, www.innercitypress.com/un1sexviol020910.html

UN's Doss Won't Explain His Support of War Criminal, Playing Out the Clock in Congo

By Matthew Russell Lee
www.innercitypress.com/doss1kimia121609.html

UNITED NATIONS, December 16 -- The head of the UN Mission in the Congo Alan Doss, under fire for assisting and covering up war crime by former rebel units of the Congolese Army, tried to defuse the critique on Wednesday by renaming the so-called Kimia II operation. While the UN said its Mission will now only "hold ground" in Eastern Congo, Doss' testimony to the Security Council acknowledged MONUC will still "undertak[e] focused interventions" -- that is, targeted strikes.

MONUC works with units of the Congolese army which the UN's own experts as well as human rights groups say are war criminals. Inner City Press asked Doss, directly, why he has continued to work with Colonel Innocent Zimulinda (a/k/a Zimurinda), accused for murder and rape by UN rapporteur Philip Alston and illegal mining by the UN Experts.

Doss did not answer why he continues to work with Zimurinda. Inner City Press asked about a list of 15 presumptive war criminals in the Congolese Army that MONUC itself drew up and gave to the Joseph Kabila government, but whom MONUC still supports. While saying it is the government's role to discipline, Doss did not explain why he continues to work with the unit commanders on his own list of human rights violators.

Similarly, when asked about the leaked UN Office of Legal Affairs memos, two of which Inner City Press has put online, Doss claimed that the memos offer opinions that MONUC had to put into practice. But the memos say Doss should have had a policy much earlier on, and should suspend support to whole operations with violations, which he has not done.

Doss himself is the subject of a nepotism investigation that will be the subject of a separate article.

But sources in MONUC describe his leadership as compromised, and say that the UN investigation is being drawn out until Doss leaves, perhaps in March. Human rights groups favor new leadership, circulating the names of former peacekeeping chief Jean Marie Guehenno among others.

While the Council is now considering a resolution which would extend MONUC's mandate for only five months, Inner City Press is informed that permanent member China, which now has a large mining and infrastructure deal with Joseph Kabila, was urging a mere "technical roll over." Others blame Doss' support of human rights violators on the push by his native UK, as well as the U.S., to destroy the FDLR rebels at any cost. We will have more on this.

And see, www.innercitypress.com/doss1kimia121609.html

UN Violates Law in Congo, Leaked UN Legal Memo Shows, Doss on Grill in NY

By Matthew Russell Lee
www.innercitypress.com/ola1monuc121309.html

UNITED NATIONS, December 13 -- What are the consequences if the UN violates international law, as defined by the UN's own Office of Legal Affairs? The question is now squarely raise by an October 2009 memorandum to the UN Mission in the Congo (MONUC) from chief UN legal office Patricia O'Brien, obtained by Inner City Press and published online here.

In the October 12 memo, marked "Priority Confidential" and addressed to top UN peacekeeper Alain Le Roy, MONUC's policies for providing assistance to the Congolese army (FARDC) are found to violate international law. Specifically, MONUC's policies, then and now, do not provide for suspending assistance to operations of the FARDC in which laws are violated, but rather only partial suspension to particular units.

OLA notes that MONUC, even in the cases (so far only one) in which is suspends assistance to a particular unit, might just increase support to other units in the operation. Before publishing this memo, Inner City Press asked UN Spokesman Martin Nesirky for an answer, and received a three paragraph UN Peacekeeping response which does not even address OLA's critique of the lack of a policy for initiating support to an FARDC operation.

The UN's own Special Rapporteur on extra judicial execution Philip Alston has noted that MONUC worked with - and continues to work with - units under Colonel Zimulinda, which he charges with murder and mass rape.

These decisions are made by the chief of MONUC Alan Doss, embroiled since the summer in a nepotism scandal in which as exposed by Inner City Press he asked the UN Development Program to show him "leeway" and give his daughter a job, in violation of applicable rules.

Doss is scheduled to be in New York from December 14 on, to brief the Council -- but perhaps hide from the Press -- on December 16. In the interim there will be press conferences about among other things MONUC's violations of international law under Doss' tenure. Watch this site.

In Congo, UN's Doss under fire, legal violations not shown

As noted, Inner City Press before publishing this October 2009 OLA memo asked the UN about reports its own Office of Legal Affairs advised MONUC not to work with units of the Congolese army involved in these and other crimes. The response:

Subj: your question on the DRC
From: unspokesperson-donotreply [at] un.org
To: Inner City Press
Sent: 12/10/2009 1:33:20 P.M. Eastern Standard Time

I. The tasks carried out by MONUC are determined by the Security Council. The mission has a mandate to provide support to the Congolese Armed Forces (FARDC) in disarming illegal armed groups while protecting the civilian population. MONUC continues to give the highest priority to protection of civilians.

II. In furtherance of this mandate, MONUC and DPKO requested advice from the Office of Legal Affairs regarding the conditions governing their collaboration with the FARDC. In full transparency, the Secretariat and the Mission advised the Security Council of the risks involved and potential consequences of cooperating with the FARDC. The Security Council has repeatedly expressed their unanimous support for MONUC and for the joint operations with the FARDC against the FDLR, with full respect for International Humanitarian, Human Rights and Refugee Law.

III. After extensive consultations between the Secretariat the Mission and OLA, a policy was developed, setting out the conditions under which the Mission would support FARDC. This policy was transmitted to the DRC Government in November. It specifies that all MONUC participation in FARDC operations must be jointly planned and must respect international humanitarian law, human rights and refugee law. The policy also includes measures designed to improve FARDC performance as well as to prevent and sanctioning violations. This 'conditionality' provision is why the Mission suspended support to a specific FARDC unit believed to have been involved in the targeted killing of civilians in the Lukweti area of North Kivu.

But this response does not address the October 2009 memo, which says that MONUC should have had a policy before begin to support FARDC operations, and should suspend assistance to entire operations, rather that particular unit. Watch this site.

And see, www.innercitypress.com/ola1monuc121309.html

UN's Congo Expert Covers Up for MONUC, Chides Press He Was With Under Other Name

By Matthew Russell Lee
www.innercitypress.com/drc1unexpert120709.html

UNITED NATIONS, December 7 -- The coordinator of the ostensibly independent UN Group of Experts on the Democratic Republic of the Congo appeared in the UN briefing room on Monday to criticize the Press for focusing on portions of the Experts' report which show the UN working with murderous former rebels engaged in Congo mining. Video here.

Even before the press conference, Dinesh Mahtani on December 4 declined to answer on the record Inner City Press' questions about the UN's role in providing logistical support to units of the Congolese army which were until recently the rebel forces of Laurent Nkunda and indicted war criminal Jean Bosco Ntanganda.

In a large conference call at the German Mission to the UN, filled with an audience of several dozen, Mahtani said "I can't speak on the record," and referred Inner City Press to his press conference on Monday. Dinesh was introduced, by former head of UN Peacekeeping Jean Marie Guehenno, as having been a journalist in the past. Guehenno also declined to answer questions.

Three days later, when Mahtani took to the UN's rostrum accompanied by an employee of the UN's Department of Political Affairs, he emphasized that the Group is independent. He criticized press accounts of his report, previously leaked to Reuters, BBC and others in Kinshasa, which emphasized on the findings against the UN.

He said the report, now available online here, is mostly about two groups, the FDLR and the CNDP, that latter of which has become a part of the Congolese army. The UN's Mission in the Congo, MONUC, provides logistical support to these former CNDP units, for example one led by Innocent Zimurinda, who identified as Zimulinda is charged by UN Special Rapporteur Philip Alston with murder and multiple rapes.

Inner City Press asked Mahtani if he believes the UN should be working for example with these "Innocent" units. Mahtani replied that his report mentions Zimurinda several times. But should the UN be working with him?

From there, things got more surreal. Mahtani told one long time wire service correspondent that her question was "strange." Dinesh Mahtani, as it happens, reported from the DRC for Reuters, on other monkey business, under the name Dino Mahtani. Why so defensive?

Mahtani also defended China, which is named in the report as flying in weapons without accounting for them to the UN Sanctions Committee. Defending itself is the company Niotan, identified as a wrong-doer in the report: it claims it has another name, Refractory Metals Mining Company Limited. Sort of like Zimulina and a certain Mahtani... To be continued.

Footnote: the Report at paragraph 119 zeroes in on a Western Union transfer to "the program manager of the Ahadi Institute, Edison Bashimbe Nshombo [whose wife] reportedly administers medical treatment to wounded FDLR in the region." But, hat tip CanWest, the Ahadi Institute has as a supporter the UN's own UNESCO, click here for that, and watch this site.

And see, www.innercitypress.com/drc1unexpert120709.html

UN's Upbeat Talk on Congo Evades Massacres and Whistleblower's Tales

By Matthew Russell Lee
www.innercitypress.com/monuc1mountain111309.html

UNITED NATIONS, November 13 -- With mounting reports of the UN Mission in the Congo working with Army units which target and kill civilians, outgoing MONUC Deputy Ross Mountain on November 12 spoke of "extraordinary progress in us using innovatively the military we have to" protect civilians. Video here, from Minute 19:32.

Inner City Press asked, what about the report of UN Special Rapporteur Philip Alston, that Army units commanded by one Colonel Zimulinda killed 50 civilians but nothing has been done? When MONUC chief Alan Doss was last in New York, Inner City Press asked him about Alston's report and Zimulinda, and Doss said there wasn't enough proof.

Now that UN High Commissioner for Human Rights Navi Pillay has called for action on Zimulinda, how does Mountain explain Doss' earlier statements? "I wasn't here for the earlier comments," Mountain said, adding "I haven't followed that."

Inner City Press asked about the case of MONUC local staff member John Dimandja, who was used the UN in disarmament until he and his family tell under threat. As exclusively reported by Inner City Press, he came to New York, told the UN about the theft and resale of UN jet fuel in Bunia. Ultimately, after he in frustration said he'd have to stand in front of Ban Ki-moon's car, the UN sent the NY Police to tell him to stay away.

"I heard of it last night," Mountain said.

He said that sometimes local staff are used as translator and interpreters, with "international counterparts and the military." Video here, from Minute 32:34.

But Dimandja, as demonstrated by a video tape he has provided to Inner City Press, was much more than a translator. "If there are allegations of theft, I'm sure that will be looked into," Mountain said. We'll see.

Footnote: Mountain provided a rosy overview, which if it weren't for current massacre reports and retaliation we'd like to report. He will speak again in New York on November 13 and we have asked to cover it, without response. Watch this site.

And see, www.innercitypress.com/monuc1mountain111309.html

UN in Congo Accused of Whoring and Working with War Criminals, Doss Blames Victim's Family, Cites Due Process

By Matthew Russell Lee
www.innercitypress.com/drc2doss101609.html

UNITED NATIONS, October 16 -- The UN's Mission in the Congo, MONUC, faces accusations from its host and a rapporteur. The UN's expert on summary executions Philip Alston in a October 15 report detailed, among other things, that a unit of the Congolese army in Shalio killed 50 refugees and raped 40 women.

Inner City Press on October 16 asked MONUC chief Alan Doss about the unit and its commander, Colonel Zimulinda, who is still serving with the Congolese Army with which MONUC works. Doss replied that there is an investigation, as he did about charges about his own scandals, click here for Inner City Press' other story on this today.

The Congolese Ambassador Ileka Atoki told the Security Council that on July 31 - August 1, UN blue helmets under Doss' command engaged in "sexual deviance," turning a spot near Congo's N'djili International Airport into a "baisodrome."

This was chastely translated as brothel, but the connotation is larger. He asked the Council and Inner City Press asked UN Spokesperson Michele Montas, what about the UN's vaunted 2005 "zero tolerance" policy on sexual abuse and exploitation​?

While on his own scandals Doss simply refused to comment, on this he blamed the victim, or the victim's family, saying that her brother asked for money. In the United States, a civil suit or request for a settlement does not prove that the underlying wrong did not occur, not does it absolve the UN under its own rules and proclamations. We will await the UN Secretariat's response, which was requested.

Doss said in the Council and to the Press that in the right circumstance his MONUC would withdraw support from Congolese Army units engaged in abuse. But he has never done so. Alston's report contains other abusive FARDC commanders' names: Sultani Makenga, Bernard Byamungu and Salumu Mulenda . What if anything will Doss do? Watch this site.

Admittedly, MONUC's job is not easy. But of late even some of Doss' supporters have begun to voice more loudly that he may not be the right official for the job.

Now Doss' deputy Ross Mountain is leaving, as talks about the future of MONUC have begun, in Washington. Perhaps a fresh beginning in both posts would work best.

And see, www.innercitypress.com/drc2doss101609.html