Flaws in the Democratic System of Government

Water Issues in the Democratic Republic of the Congo Challenges and Opportunities Technical Report United Nations Environment Programme First published in January 2011 by the United Nations Environment Programme © 2011, United Nations Environment Programme This report has also been published in French, entitled: Problématique de l’Eau en République Démocratique du Congo: Défis et Opportunités. United Nations Environment Programme P.O. Box 30552, Nairobi, KENYA Tel: +254 (0)20 762 1234 Fax: +254 (0)20 762 3927 E-mail: uneppub@unep.org Web: http://www.unep.org This publication may be reproduced in whole or in part and in any form for educational or non-profit purposes without special permission from the copyright holder provided acknowledgement of the source is made. No use of this publication may be made for resale or for any other commercial purpose whatsoever without prior permission in writing from UNEP. 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Water Issues in the Democratic Republic of the Congo: Challenges and Opportunities This technical report is part of the overall Post-Conflict Environmental Assessment of the Democratic Republic of the Congo This report by the United Nations Environment Programme was made possible by the generous contribution of the Government of Norway Table of contents Executive summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 1.1 Scope and methodology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 2. Overview of freshwater resources 9 2.1 Surface water resources 10 The Congo drainage basin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Surface water quality 15 2.2 Groundwater and springs 16 Importance of springs and groundwater in drinking water supply . . . . . . . . . . . . . . . . . . . . . . .18 2.3 Water use 18 3. Water sector governance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 3.1 Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 3.2 Institutional arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Water sector coordination . . . . . . . . . . . . . . . . . . . . . . . Flaws in the Democratic System of Government Flaws in the Democratic System of Government By: OpenStaxCollege Most developed countries today have a democratic system of government: citizens express their opinions through votes and those votes affect the direction of the country The advantage of democracy over other systems is that it allows everyone in a society an equal say and therefore may reduce the possibility of oppression of the masses by a small group of wealthy oligarchs There is no such thing as a perfect system, and democracy, for all its popularity, is not without its problems, a few of which we will examine here Democracy is sometimes summed up (and oversimplified) in two words: “Majority rule.” When voters face three or more choices, however, then voting may not always be a useful way of determining what the majority prefers As one example, consider an election in a state where 60% of the population is liberal and 40% is conservative If there are only two candidates, one from each side, and if liberals and conservatives vote in the same 60–40 proportions in which they are represented in the population, then the liberal will win What if the election ends up including two liberal candidates and one conservative? It is possible that the liberal vote will split and victory will go to the minority party In this case, the outcome does not reflect the majority’s preference Does the majority view prevail in the case of sugar quotas? Clearly there are more sugar consumers in the United States than sugar producers, but the U.S domestic sugar lobby (www.sugarcane.org) has successfully argued for protection against imports since 1789 By law, therefore, U.S makers of cookies and candies must use 85% domestic sugar in their products Meanwhile quotas on imported sugar restrict supply and keep the domestic price of sugar up—raising prices for companies that use sugar in the production of their goods and for consumers The European Union allows sugar imports, and prices there are 40% lower than U.S sugar prices Sugar-producing countries in the Caribbean repeatedly protest the U.S quotas at the World Trade Organization meetings, but each bite of cookie, at present, costs you more than if there were no sugar lobby This case goes against the theory of the “median” voter in a democracy The median 1/8 Flaws in the Democratic System of Government voter theory argues that politicians will try to match policies to what pleases the median voter preferences If we think of political positions along a spectrum from left to right, the median voter is in the middle of the spectrum This theory argues that actual policy will reflect “middle of the road.” In the case of sugar lobby politics, the minority, not the median, dominates policy Sometimes it is not even clear how to define what the majority opinion might be Step aside from politics for a moment and think about a choice facing three families (the Ortegas, the Schmidts, and the Alexanders) who are planning to celebrate New Year’s Day together They agree to vote on the menu, choosing from three entrees, and they agree that the majority vote wins With three families, it seems reasonable that one choice of entree will get a 2–1 majority What if, however, their vote ends up looking like [link]? Clearly, the three families disagree on their first choice But the problem goes even deeper Instead of looking at all three choices at once, compare them two at a time (See [link]) In a vote of turkey versus beef, turkey wins by 2–1 In a vote of beef versus lasagna, beef wins 2–1 If turkey beats beef, and beef beats lasagna, then it might seem only logical that turkey must also beat lasagna However, with the preferences shown, lasagna is preferred to turkey by a 2–1 vote, as well If lasagna is preferred to turkey, and turkey beats beef, then surely it must be that lasagna also beats beef? Actually, no; beef beats lasagna In other words, the majority view may not win Clearly, as any car salesmen will tell you, choices are influenced by the way they are presented A Voting Cycle Given these choices, voting will struggle to produce a majority outcome Turkey is favored over roast beef by 2–1 and roast beef is favored over lasagna by 2–1 If turkey beats roast beef and 2/8 Flaws in the Democratic System of Government roast beef beats lasagna, then it might seem that turkey must beat lasagna, too But given these preferences, lasagna is favored over turkey by 2–1 Circular Preferences The Ortega Family The Schmidt Family The Alexander Family First Choice Turkey Roast beef Lasagna Second Choice Roast beef Lasagna Turkey Third Choice Turkey Roast beef Lasagna The situation in which Choice A is preferred by a majority over Choice B, Choice B is preferred by a majority over Choice C, and Choice C is preferred by a majority over Choice A is called a voting cycle It is easy to imagine sets of government choices—say, perhaps the choice between increased defense spending, increased government spending ...13 vol.34:1 winter 2010 Ending Sexual Violence in the Democratic Republic of the Congo Gaëlle Breton-Le Goff “They put you in the middle of everyone, on a cross, with your head down and your legs spread and they raped you in that position. And the others had to cheer them on and dance around you.” “We are dealing with the effects, but not the causes. The cause is all those rapists that are scattered in the forests.” —Honorata Kizende. 1 INTRODUCTION Over the last fifteen years, the Great Lakes Region has been the theater of numerous bloody conflicts. Sexual violence, specifically, has occurred in many countries, particularly in the Democratic Republic of the Congo (DRC), where such violence has been so pervasive that it is hardly possible to estimate its extent. The “Joint Initiative against Sexual Violence toward Women and Children” 2 identified 40,000 incidents of rape in 2003, including 25,000 in South Kivu. 3 The United Nations Population Fund (UNFPA) identified 15,996 new cases in 2008. More than 65 percent of the victims of sexual violence were children, most of them young girls between twelve and eighteen—although 10 percent were under ten years old. 4 Statistics and estimates by these and other organizations, however, Gaëlle Breton-Le Goff is a lecturer at the University of Quebec at Montreal, in the faculty of political sciences and law. She is also a member of the Coalition for Women’s Human Rights in Conflict Situations and an international consultant. the fletcher forum of world affairs vol.34:1 winter 2010 14 often underestimate the real number of victims. Some victims have died, others have moved far away, and others have retreated internally, refusing to discuss what happened to them. Most of these women and girls lost their families, land, means of survival, dignity, health, and sometimes their lives. Many of the survivors are condemned to live with permanent phys- ical damage, such as destroyed reproductive organs or HIV/AIDS. 5 Others suffer post-traumatic stress disorder and social stigmatization; others have had to raise children born of violence. Since the magnitude of the sexual violence of the DRC has been publi- cized, states, NGOs, and other entities have reacted and adopted programs to help victims. For example, the international community mobilized to help end the wars and promote human rights, democracy, and the rule of law. 6 Despite these efforts, sexual violence remains a central—and largely unpunished—problem in the DRC. As the international community continues to grant more means and funds to the comprehensive United Nations strategy on combating sexual violence, it is time to understand the facts of sexual violence and the prospects of ending it in the DRC. 7 The first part of this essay explains the context of sexual violence in the DRC. The second part inventories the sexual crimes and offenses committed before, during, and after the conflicts. The third part describes the different actions taken by various international actors. The fourth part looks forward and recommends ways to support local women’s NGOs, which are on the front lines of the fight against sexual violence. THE MODERN HISTORY OF SEXUAL VIOLENCE IN THE H U M A N R I G H T S W A T C H Democratic Republic of Congo Soldiers Who Rape, Commanders Who Condone Sexual Violence and Military Reform in the Democratic Republic of Congo Soldiers Who Rape, Commanders Who Condone Sexual Violence and Military Reform in the Democratic Republic of Congo Copyright © 2009 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-510-5 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 hrwnyc@hrw.org Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 berlin@hrw.org Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 hrwbe@hrw.org 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 hrwgva@hrw.org 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 hrwuk@hrw.org 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 paris@hrw.org 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 hrwdc@hrw.org Web Site Address: http://www.hrw.org July 2009 1-56432-510-5 Soldiers Who Rape, Commanders Who Condone Sexual Violence and Military Reform in the Democratic Republic of Congo Map of North and South Kivu 1 Acronyms 2 Summary 4 Recommendations 8 Methodology 12 I. Sexual Violence in Congo 14 “The Worst Place” to Be a Woman or a Child 14 Congo’s Legal Obligations to Prevent, Investigate, and Punish Sexual Violence 16 International Law 16 Congolese Law 18 II. Sexual Violence by the Congolese Army 20 The FARDC: An Army of Former Enemies 20 Sexual Violence 21 III. The Case of the 14 th Brigade 23 Creation, Structure, and Deployment of the 14 th Brigade 23 Sexual Violence by the 14 th Brigade 27 Civilian Protest against Abuses by the 14 th Brigade 31 Lack of Clear Chain of Command 32 IV. Limited Impact: International and Government Efforts to End Sexual Violence by the Congolese Army 35 Action on Sexual Violence by the Congolese Government and Parliament 35 International Action on Sexual Violence 36 Progress in Assistance to Victims 36 Insufficient Efforts in Protection of Women and Girls 37 UN Action on the Policy Level 37 Security Sector Reform: Lack of Political Will to Break with the Past 39 Disconnected from the Fight against Sexual Violence 41 Limited Impact of Army Training 41 “We Live Like Dogs”: Poor Living Conditions of Soldiers 43 The Military Justice System: Prosecuting Foot Soldiers, Not Commanders 45 Limited Progress in Prosecuting Lower-Ranking Soldiers 45 The Military Justice System Remains Weak 47 Military Justice and the 14 th Brigade: An Example of Impunity 50 The Way Forward 53 Acknowledgements 56 1 Human Rights Watch | July 2009 Map of North and South Kivu © 2009 Human Rights Watch Soldiers Who Rape, Commanders Who Condone 2 Acronyms ASF Avocats Sans Frontières CEDAW Convention on the Elimination BioMed Central Page 1 of 9 (page number not for citation purposes) Human Resources for Health Open Access Research Training health care workers to promote HIV services for patients with tuberculosis in the Democratic Republic of Congo Koen Vanden Driessche 1 , Mulangu Sabue 2 , Wendy Dufour 1 , Frieda Behets 1 and Annelies Van Rie* 1 Address: 1 School of Public Health, University of North Carolina, Chapel Hill, NC 27599-7435, USA and 2 Ecole de Santé Publique, Kinshasa, DR Congo Email: Koen Vanden Driessche - Koen@art-rose.be; Mulangu Sabue - Sabuem@mail.nih.gov; Wendy Dufour - Dufour6@emji.net; Frieda Behets - Behetsf@email.unc.edu; Annelies Van Rie* - Vanrie@email.unc.edu * Corresponding author Abstract Background: HIV counseling and testing, HIV prevention and provision of HIV care and support are essential activities to reduce the burden of HIV among patients with TB, and should be integrated into routine TB care. Methods: The development of training materials to promote HIV services for TB patients involved the definition of target health care workers (HCWs); identification of required tasks, skills and knowledge; review of international guidelines; and adaptation of existing training materials for voluntary counseling and testing, prevention of mother-to-child transmission of HIV, and management of opportunistic infections (OIs). Training effectiveness was assessed by means of questionnaires administered pre- and post-training, by correlating post-training results of HCWs with the centre's HIV testing acceptance rates, and through participatory observations at the time of on-site supervisory visits and monthly meetings. Results: Pre-training assessment identified gaps in basic knowledge of HIV epidemiology, the link between TB and HIV, interpretation of CD4 counts, prevention and management of OIs, and occupational post-exposure prophylaxis (PEP). Opinions on patients' rights and confidentiality varied. Mean test results increased from 72% pre-training to 87% post-training (p < 0.001). Important issues regarding HIV epidemiology and PEP remained poorly understood post-training. Mean post-training scores of clinic's HCWs were significantly correlated with the centre's HIV testing acceptance rates (p = 0.01). On-site supervisory visits and monthly meetings promoted staff motivation, participatory problem solving and continuing education. Training was also used as an opportunity to improve patient-centred care and HCWs' communication skills. Conclusion: Many HCWs did not possess the knowledge or skills necessary to integrate HIV activities into routine care for patients with TB. A participatory approach resulted in training materials that fulfilled local needs. Published: 17 March 2009 Human Resources for Health 2009, 7:23 doi:10.1186/1478-4491-7-23 Received: 6 February 2008 Accepted: 17 March 2009 This article is available from: http://www.human-resources-health.com/content/7/1/23 © 2009 Driessche et al; licensee BioMed Central Ltd. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/2.0 ), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. Human Resources for J. FOR. SCI., 55, 2009 (7): 339–344 339 JOURNAL OF FOREST SCIENCE, 55, 2009 (7): 339–344 The Salonga National Park (1°00'–3°20'S, 20°– 22°30'E) covers approximately 36,000 km 2 and is located in an isolated area of the Congo basin. It is the second largest tropical rainforest reserve in the world. The Salonga National Park (hereafter referred to as SNP) is the habitat of many endemic endangered species. e most prominent animal species are: – the dwarf chimpanzee ( Pan paniscus), locally called Bonobo, – the Congo peacock (Afropavo congensis), which are endemic to the Democratic Republic of Congo (O 1986) and listed as endangered species in the International Union for Conservation of Nature (IUCN) Red Data Book (B, G-  1996). e SNP is divided into two parts, separated by an unprotected space of 50 km. ere are nine vil- lages within the park. In the northern part: Kinki Botonganji; in the southern part: Iyamba, Luapa, Ila, Nsese, Ediki, Bosanja, Isambo Botongola and Bokumu Beke (I 2008). e native people, practicing slash-and-burn ag- riculture, fishing, hunting etc., were settled in the area before the creation of the park in 1970 and they refused to leave. e government tolerated their presence. Subsequently local people were hired as labourers, and they enjoyed the limited non-com- mercial right of use. Later, efforts were made to re- orient management towards participatory multiple use and co-management. It became clear that forest- ers and villagers did not share the same perception of the forest and its management (I 2009). e forest is now threatened due to the presence of the villages within the park (W et al. 1992). There is little scientific information about the forest or the utilization of forest products collected by the local people (H 2002). e University of Maryland (UMD) produced global land cover clas- sification with 14 categories (H et al. 2000). In the map of Tropical REsources and Environment monitoring by Satellite (TREES), only these classes were detected: lowland moist forest and secondary forest mosaic (A et al. 2001). L’s et al. SHORT COMMUNICATION Perception of the forest by the villagers of the Salonga National Park in the Democratic Republic of Congo J. M. I Faculty of Forestry and Wood Technology, Mendel University of Agriculture and Forestry in Brno, Brno, Czech Republic ABSTRACT: Effective forest management demands detailed knowledge of resources. Local forest users are usually the best source of information. In the Democratic Republic of Congo forest management partnerships between local people and government staff have become more common. A proper understanding of local perceptions of the forest is needed. is study was designed and guided by a multidisciplinary team including a sociologist, a linguist and a forester. It identified and compared classification and management units. It also touched on the different uses of the forest products, the species that provided these products and the locations of these species. Keywords: perception of forest; forest products; local villagers; Salonga National Park 340 J. FOR. SCI., 55, 2009 (7): 339–344 (1967) forest inventory covered an extended area in- cluding the SNP. H (2005) studied the Salonga forest using remote sensing. Within the scope of my Ph.D. thesis I carried out a socio-economic study in the SNP. My aim was to get a better understanding of the local customs. Propos- als to the government for a sustainable management of the park would follow, inviting the active partici- pation of the local people into the process. is paper puts a particular emphasis on how the local forest users perceive wooded areas. It focuses on identifying and comparing classification and management units. It also touches on the different products/uses of the forest, the species that pro- vided these products/uses and their location. It was designed ... right, the median voter is in the middle of the spectrum This theory argues that actual policy will reflect “middle of the road.” In the case of sugar lobby politics, the minority, not the median,... and failure to provide insurance 4/8 Flaws in the Democratic System of Government Third, while government may play a useful role in addressing the problems of markets, government action is also... Canoeing Second Choice Mountain biking Canoeing Beach Third Choice Mountain biking Canoeing Beach The problem is an example of a voting cycle The group will vote for mountain biking over canoeing