Stars and Stripes Op-ed: More U.S. can do to reform Congolese military



Posted by Enough Team on May 23, 2013








Editor's Note: This op-ed, written by Retired Army Col. Rick Orth
originally appeared on Stars and Stripes. Col. Rick Orth is a senior
fellow with the Enough Project. He served as the U.S. defense attache
to Rwanda (1996-1998), Uganda (2001-2005), and Ethiopia and Djibouti
(2005-2006), as well as the military adviser to the assistant
secretary of state for African affairs (2006-2008).

The Congolese military has again been accused of significant
human-rights abuses, including mass rape. Recently, the United Nations
Joint Human Rights Office released a report concerning abuses by the
Congolese Army (FARDC) as it retreated from advancing M23 rebels in
eastern Democratic Republic of the Congo between Nov. 15 and Dec. 2.

The report focused on mass rapes in and around the town of Minova.
Among the Congolese soldiers who perpetrated these gross human-rights
abuses were members of the U.S.-trained 391st Commando Battalion. The
Congolese military has suspended the commander and deputy commander of
this battalion along with 12 other officers as it continues its
investigation.

Officers and soldiers must be brought to justice for their crimes. In
addition, because they are in the military, they must also be punished
for dereliction of duty and failure to maintain discipline.

Military forces must be held to higher standards than their civilian
counterparts, given that the profession of arms uses controlled
violence and deadly force to protect the country and its citizens.
Unfortunately, in the Congolese case, the military tends to use
violence and force to abuse rather than protect the population.

These events again illuminate the historically dysfunctional Congolese
military institution. Will justice be served in this case? A focus on
building a functioning military justice system would be a logical
answer, as it would hold officers and soldiers accountable for their
actions as well as serve as a deterrent for misconduct and abuses.
However, realistically speaking, Congo’s army lacks most of the
elements that would comprise a professional military, such as
logistics, a transparent payroll system and military justice, to name
just a few.

The U.S. departments of State and Defense understood the risks
associated with training the 391st Commando Battalion, especially
given the institutional dysfunction of the Congolese army. However,
they needed a battalion capable of engaging some of the so-called
“Negative Forces” — the Lord’s Resistance Army, the Democratic Forces
for the Liberation of Rwanda, and various Congolese rebel groups that
now include the M23 — operating in and terrorizing eastern Congo. U.S.
military training for foreign militaries includes human-rights and
law-of-land warfare modules. Given the heightened awareness to
gender-based violence in eastern Congo, U.S. military training
stressed the importance of human rights and expanded these modules.

However, units are only as good as their commanders. Additionally, if
a highly trained unit operates in a dysfunctional system with low
wages, no logistics and non-existent military justice, it likely will
revert to its old ways.

Congolese security forces dating back to the Belgian Force Publique
have a history of brutality toward the civilian population that only
became worse under former dictator Mobutu Sese Seko. The current
military — an amalgamation of the former Zairian forces and various
rebel factions that have been integrated into the army by the
government and trained by myriad foreign countries including the U.S.
— requires a major institutional overhaul, and it will take years to
instill a professional military ethos that has broken with its brutal,
corrupt and predatory past.

What to do and how to tackle this seemingly daunting task? First, the
international community, including the U.S. government, must hold
President Joseph Kabila and the senior Congolese leadership
accountable and stop making excuses for their failure to uphold
agreements, which has been a major cause for flare-ups in the
conflict.

Second, the U.S. and European Union should deploy senior-level envoys
to support former Irish President Mary Robinson as the new U.N.
special envoy for the Great Lakes Region of Africa. Her role will be
critical in better coordinating and synchronizing international
efforts to ensure real implementation of Congolese reforms, including
improving the Congolese army as a professional institution with
emphasis on logistics, a military finance system and military justice.

Third, given that the U.S. currently provides a series of officer
training courses in an effort to professionalize the Congolese army,
the U.S. should lead efforts to build a credible and effective
Congolese military justice system. This effort should include helping
review and revise as needed the current Congolese Code of Military
Justice, training the military lawyers in the code and how to
implement it, ensuring the current officer training curriculum covers
the code and its implementation, and a FARDC-wide education campaign
on the importance of military justice to include the consequences for
failure to uphold the code.

The horrific spree of sexual violence in Minova is a stain on our
consciences. But if there is a silver lining to that incident, let it
be an opening window to enact the real justice reforms needed to
ensure that such a case never happens again.

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