The Democratic Republic of the Congo, Broken State, Collapse of Law, Human Rights Violations, Veil of Injustice and Constitutional Smokescreens—A Case Study in State Failure:: A Complaint against a Postcolonial Dictatorship

Copyright © 2024 by FELIX KAPUTU.

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright owner.

Rev. date: 07/05/2024

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Dedication

To my parents, Theodore Ulombe Kaputu and Bernadette Lwahele Chisapa:

In the chaos of war, you left me behind, only to brave every peril to return for me. Your courage and dedication taught me the essence of human rights: Life, Speech, Circulation, Work, Food, Security, Education, Faith, and Rest. Your resilience and kindness shaped my journey. This book is a tribute to your unwavering love and the lessons you imparted.

To my nephew, Cabral Kapala:

Your untimely departure, dear nephew, as I neared the completion of this book, left a void that can never be filled. Your dedication to our family and rise to prominence in the Methodist Church, advocating for social justice and community prosperity, inspire me. This work is not just a testament to your legacy but a living embodiment of it, a legacy that propels my every effort toward a more just world. Rest in peace, dear nephew; your memory lives on, not just in every word of this book but in the essence of my academic pursuit.

To my host academic institutions:

Bard College at Simon’s Rock, a haven from the world’s ceaseless commotion, environmental decline, and socio-political unrest, played a pivotal role in this journey. Nature and the human environment retain inherent rights in their tranquil environment, fostering an ideal atmosphere for contemplating human conditions and rights. This distinctive setting instills a deep gratitude towards the scholars and institutions that guided me here and contributed to writing this book.

Acknowledgments

This book would never have been possible without the assistance of several distinguished individuals and institutions, all of whom deserve my profound gratitude for their invaluable contributions.

To the Threatened Scholars Integration Initiative and Bard College at Simon’s Rock:

Thank you for the support that enabled my engagement in significant academic endeavors.

At Bircham International University

My heartfelt thanks go to:

-Amir Galen, my academic advisor, for his unwavering guidance.

-Irene Fernandez, the Director of Institutional Relations, for her steadfast support.

-Hanae Rabboum, the financial advisor, for her crucial assistance.

At Bard College at Simon’s Rock

I extend my profound gratitude to the following:

-The College for hosting me and providing housing that made this book project feasible.

-Brian Mikesell, the Alumni Library Director, for his resourcefulness.

-Victoria Bokaer and Lili Knutson, the librarians, for their indispensable help.

-My colleagues, Brendan Mathew and Anne O’Dwyer, for their insightful conversations.

At the United Nations

Thank you to the Office of the United Nations High Commissioner for Human Rights for granting me access to extensive archives on the Democratic Republic of the Congo.

In the Democratic Republic of the Congo

Special thanks to:

-Father Benjamin Kilambe, Mr. Joly Kilambe, and Mses. Claude, Augustine, and Beauty Kilambe, for their unwavering support in data collection.

-My daughter, Agatha Ulombe Kaputu, for her supervision of a few couples.

-Guillaume Mapendo and Damas Weteshe Muhombe Bahati for assistance in reaching the sampling size.

At the University of Lubumbashi

I am deeply grateful to:

-Former Rectors, Professors Jean-Baptiste Kakoma Zambeze and Prince Kaumba Lufunda, whose guidance and vision greatly inspired my commitment to international academic collaboration, human rights advocacy, community development, and academic responsibility.

-Francis Nkulu Butombe, Assistant Lecturer in the English Department, for his invaluable assistance with the initial interview results from UNILU students.

-Héritier Tshiwisa, Assistant Lecturer and Statistician, for his expert analysis of the empirical data.

In Belgium

Thank you to Thierry C. Boouaert, President of Mémoires du Congo, for providing excellent contacts in Goma and Butembo.

To deny people their human rights is to challenge their humanity.

Nelson Mandela

Injustice anywhere is a threat to justice everywhere.

Martin Luther King Jr

When the fundamental principles of human rights are not protected, the center of our institution no longer holds. It is they that promote sustainable development, secure peace, and lives of dignity.

Former UN High Commissioner for Human

Rights Zeid Ra’ad Al Hussein

There can be no peace without development, no development without peace, and no lasting peace or sustainable development without respect for human rights and the rule of law.

Former UN Deputy Secretary-General Jan Eliasson

Table of Contents

Dedication

Acknowledgments

Preface

PART I: COUNTRY OVERVIEW, RESEARCH

PERSPECTIVES, CONSTITUTIONS,

AND HUMAN RIGHTS

Chapter 1:General Introduction: Complaint, Application Failure of Constitutional Human Rights

1.1A Quick Presentation of the Democratic Republic of Congo and Background to the Study

1.2Foundations of Human Rights and World Constitutions

1.3Possibilities to Know (to Measure) Human Rights Benefits and Accessibility in the Democratic Republic of the Congo?

1.4International versus National Human Rights

1.5Book Research Questions and Hypotheses

1.6Quick and Short Literature Revue

1.7Book Structure

Chapter 2:Democratic Republic of the Congo: Paths for Human Rights Measurements and Research Methodology

2.1Paths or Human Rights Measurements

2.2Research Methodology Lines

2.3Additional Methodological Assistance from Anthropology

2.4Qualitative and Quantitative Approaches

2.5Grounded Theory

2.6Sampling Projection

2.7Questionnaires, Structured, Semi-structured, and Open Interviews

2.8Participatory Workshops/Group Discussion

2.9Data Validity and Reliability

Chapter 3: Human Rights in Congolese Constitutions 1964 and 2006

3.1Introduction

3.2Observations of the Universal Declaration of Human Rights Preamble

3.3Observations of the 1964 Democratic Republic of the Congo Constitution Preamble

3.4Quick Analysis of the 2005 Constitution Preamble

3.5Overview of the Universal Declaration of Human Rights and the Constitutions

3.6General Observations on Congolese Constitutions and Human Rights

PART II: HUMAN RIGHTS: VIOLATIONS

AND MEASUREMENTS

Chapter 4:Measurements of Human Rights Violations and Abuses

4.1Introduction

4.2Broad Explanation: Sixteen Selected Human Rights Indicators or Research Metadata

Indicator1:National Constitution Knowledge

Indicator2:State Guarantees Freedom, Non-Degrading Human Treatment

Indicator3:Right to Work, Decent, and Equal Salary

Indicator4:Right to Life and Decent Housing

Indicator5:Right to Education

Indicator6:Free Expression, Free Faith (Religion), Right to Manifestation

Indicator7:Liberty to Circulate Freely in the Country (with Goods)

Indicator8:In Case of Arrest, Human and Fair Treatment, Innocent Until Proven Guilty

Indicator9:States Ensure Security Against Attacks and Wars

Indicator10:The Democratic Republic of the Congo Has Discrimination

Indicator11:There Is Much Violence Against Women

Indicator12:State Ensures All People’s Social Security

Indicator13:Right to Participate in Politics

Indicator14:Children Work in Mines and Are Recruited for Them

Indicator15:State Ensures a Safe Environment, without Pollution and with Drinkable Water

Indicator16:Generalized Corruption Lasts and Goes Top Down

4.3Quick Insights of the Above Sixteen Human Rights Indicators

4.4Measurements of the Sixteen Human Rights Indicators: Analyzing Questionnaire Results

4.4.1Introduction

4.4.2Selection of a Sample Unit and its Size

4.4.3Participatory Assessment

4.4.4Participatory Workshops/Group Discussion

4.4.5Fixing, Understanding, Interpretation, and Measurement of Human Rights Indicators

4.4.6Question 1: I Know the State Constitution: Interpretation of Answers, Indicator Measurement

Table 1: Knowledge of State Constitution

4.4.7Question 2: State Guarantees Right to Freedom, no Degrading Human Treatment: Interpretation of Answers, Indicator Measurement

Table 2: State guarantees the right to freedom, no degrading Human Treatment

4.4.7Question 3: I Have the Right to Work for a Decent and Equitable Salary: Interpretation of Answers, Indicator Measurement

Table 3: Have the Right to Work, a Decent and Equitable Salary

4.4.8Question 4: I Have the Right to Life and Decent Housing: Interpretation of Answers, Indicator Measurement

Table 4: Right to Life and Decent Housing

4.4.9Question 5: Everybody Has the Right to Education: Interpretation of Answers, Indicator Measurement

Table 5: Right to Education for All

4.4.10Question 6: Rights of Expression, Manifestation, and Religion are Guaranteed: Interpretation of Answers, Indicator Measurement

Table 6: Freedom of Expression, Manifestation, and Religion are Protected

4.4.11Question 7: Free Circulation of People (and Goods) in the State: Interpretation of Answers, Indicator Measurement

Table 7: Freedom to Circulate (with Goods) in the State

4.4.12Question 8: The Right to Fair Judgment and Human Treatment in Arrest Cases. Innocent until Contrary Proved: Interpretation of Answers, Indicator Measurement

4.4.13Question 9: State Ensures Security against Attacks and Wars: Interpretation of Answers, Indicator Measurement

Table 9: State Ensures Security Against Attacks and Wars

4.4.14Questions 10: The Democratic Republic of the Congo Has Discriminations: Interpretation of Answers, Indicator Measurement

Table 10: State Has Discriminations

4.4.15Question 11: There Is Much Violence against Women: Interpretation of Answers, Indicator Measurement

Table 11: Violence Against Women

4.4.16Question 12: State Ensures Social Security to Everyone: Interpretation of Answers, Indicator Measurement

Table 12: State Ensures Social Security to All

4.4.17Question 13: I Have the Right to Participate in Political Activities: Interpretation of Answers, Indicator Measurement

Table 13: I Have the Right to Participate in Political Activities

4.4.18Question 14: Children Do Not Work in Mines; They Are Not Present in Militias: Interpretation of Answers, Indicator Measurement

Table14: Children do not Work in the

Mines; They are not in Militias

4.4.19Question 15: State Ensures a Safe Environment, without Pollution, with Access to Drinkable Water: Interpretation of Answers, Indicator Measurement

Table 15: State Ensures a Safe Environment to All,

without Pollution and with Access to Drinkable Water

4.4.20Question 16: There Is No Everlasting Generalized Top-Down Corruption: Interpretation of Answers, Indicator Measurement

Table 16: No Top-Down Generalized and Lasting Corruption

4.4.21General Tables

PART III: COMPLAINT AGAINST THE DRC: A

ROGUE, FAILED, COLLAPSED, WEAK STATE,

AND A POSTCOLONIAL DICTATORSHIP

Chapter 5:Conclusion: Complaint Against the Democratic Republic of the Congo

5.1Introduction

5.2Is the Democratic Republic of the Congo a Failed, Collapsed, or Weak State?

5.3Concerning International Treaties’ Ratification

5.4Human Rights Death and Institution Rebuilding in Weak States

5.5Complaint against the Government of the Democratic Republic of the Congo: Citizen Felix Kaputu v. Democratic Republic of the Congo

5.5.1Introduction

5.5.2Lawlessness, Statelessness, Failed, Weak, Fragile, and Collapsed State

5.5.3Respectlessness of International Ratified Treaties

5.5.4Total Insecurity

5.5.5General Poverty

5.5.6General Corruption

5.5.7Violence to Women and Children

5.5.8Freedom of Expression, Opinion, Religion

5.5.9Total Destruction of Education, Health System, and Social Security

5.5.10Joblessness, Indecent Salaries, Child Labor

5.5.11Poor Performance: Cultural Activities, Sports

5.5.12Housing, Property

5.5.13Identity, Ethnic Opposition, Populist Politics

5.5.14Human Life Neglect, Pollution, Natural Resources

6.Conclusive Remarks and Next Research Projects

Bibliography

Preface

The Democratic Republic of the Congo (DRC), a nation rich in natural resources and cultural heritage, has tragically become synonymous with human suffering, political instability, and economic despair. Over the past quarter-century, the media has chronicled a distressing narrative: armed militias and government forces pillage and murder with impunity, proxy wars generate waves of internally displaced people (IDPs), and systemic corruption pervades every stratum of society. This book aims to delve deeper into these crises, unraveling the complex tapestry of factors that have led to the DRC’s current state and exploring the broader implications for international human rights, anthropology, social studies, and economics.

Historical Context and Human Rights Violations

The DRC’s contemporary turmoil cannot be fully understood without acknowledging its colonial past and the subsequent legacies of exploitation and conflict. Since gaining independence from Belgium in 1960, the DRC has experienced a series of political upheavals, including dictatorial regimes, civil wars, and foreign interventions. These events have left deep scars on the nation’s socio-political fabric, contributing to the erosion of state institutions and the perpetuation of human rights abuses.

International human rights organizations have repeatedly highlighted the DRC as one of the most egregious human rights violators. Reports from Amnesty International, Human Rights Watch, and the United Nations detail widespread atrocities committed by both state and non-state actors. Militiamen and soldiers alike engage in brutal acts of violence — kidnapping, rape, and murder — often under the guise of political affiliation. Such actions not only violate the victims’ fundamental rights but also destabilize communities, leading to further cycles of violence and displacement.

Socio-Economic Disparities and Corruption

Amidst the pervasive violence, the DRC’s socio-economic landscape is characterized by extreme poverty and stark inequalities. Despite the country’s vast mineral wealth, including significant deposits of cobalt, coltan, and diamonds, most of the population lives in dire conditions. Over 70% of Congolese people survive on less than two dollars per day, struggling to access basic necessities such as food, clean water, and healthcare.

The contrast between political elites’ opulence and ordinary citizens’ destitution is particularly striking. Members of Parliament, the Senate, the Government, and the Presidency enjoy some of the highest salaries in the world, while teachers, soldiers, police officers, and public servants endure abject poverty. This disparity is not merely a matter of income inequality; it reflects deeper systemic issues, including entrenched corruption and the misallocation of national resources.

Corruption in the DRC is not limited to embezzlement and bribery; it permeates all aspects of governance and public service. Health care, social security, and education systems are crippled by corrupt practices, leaving citizens without essential services. Contracts with local and international companies are frequently tainted by corruption, exacerbating economic exploitation and environmental degradation. The resulting socio-economic chaos undermines public trust in state institutions and fuels a sense of despair and hopelessness among the population.

Anthropological Insights and Social Studies

From an anthropological perspective, the DRC’s crisis can be seen as a microcosm of broader issues affecting many post-colonial states. The artificial borders drawn by colonial powers, the imposition of foreign governance structures, and the extraction of resources without equitable development have all contributed to ongoing instability. The DRC’s diverse ethnic and cultural landscape, while a source of rich heritage, has also been manipulated by political actors to foment division and conflict.

Social studies offer valuable insights into power dynamics and resistance within the DRC. Grassroots movements, civil society organizations, and local communities have all played crucial roles in advocating for human rights and challenging oppressive systems. However, their efforts are often met with violent repression, as evidenced by the frequent imprisonment of journalists and activists who dare to criticize the ruling regime. This book highlights these voices of resistance and resilience, showcasing the courage and determination of those fighting for a better future.

Case Studies and Comparative Analysis

This book, rich with detailed case studies and comparative analyses, is a treasure trove of information that comprehensively explains the DRC’s situation. One such case study is homes in the artisanal mining sector, a hotbed of child labor and unsafe working conditions. The economic exploitation of miners, the environmental impact of unregulated mining practices, and the complicity of multinational corporations and international markets are meticulously examined.

Another case study explores the impact of proxy wars on local communities, focusing on the Ituri and Kivu regions. These areas have been hotspots of violence and displacement, with various armed groups vying for control over resources and territory. The case study analyzes the humanitarian consequences of these conflicts, including the creation of IDP camps and the challenges of providing aid and protection to affected populations.

A third case study shines a light on the transformative role of education in the DRC’s socio-political landscape. Despite significant challenges, there are beacons of hope in the form of innovative educational initiatives that aim to empower young people and promote social cohesion. This case study delves into the potential of education as a powerful tool for peacebuilding and development and the barriers that must be overcome to realize this potential fully.

In addition to these case studies, the book offers a comparative analysis of the DRC’s human rights situation, highlighting its unique aspects compared to other countries facing similar challenges. By examining parallels and differences, the analysis seeks to draw lessons informing international efforts to address human rights violations and promote sustainable development in conflict-affected regions while also underlining the distinctiveness of the DRC’s situation.

International Responses and Global Implications

The DRC’s crisis has prompted various responses from the international community. Humanitarian organizations, development agencies, and foreign governments have all endeavored to provide aid and support. However, the effectiveness of these interventions has been a mixed bag, with some initiatives grappling with corruption, mismanagement, and a lack of local engagement. This nuanced view of the international community’s challenges in responding to the DRC’s crisis provides a realistic perspective on the issue’s complexity.

The situation also influences the global discourse on human rights and democracy in the DRC. The country’s experience challenges the notion that merely adopting democratic institutions and human rights frameworks is sufficient to ensure justice and stability. It underscores the need for genuine political will, robust institutions, and inclusive development to address the root causes of conflict and inequality.

Moreover, the DRC’s crisis has implications for the broader understanding of state sovereignty and international intervention. The tension between respecting national sovereignty and protecting human rights is a recurring theme in international relations, and the DRC presents a complex case study in this regard. The book examines the ethical and practical dilemmas associated with humanitarian intervention and the responsibility to protect (R2P) doctrine, drawing on the DRC’s experience to inform this ongoing debate.

Conclusion and Call to Action

As we delve into the complexities of the DRC’s crisis, it is essential to remember that the ultimate goal of this book is not merely to document suffering but to inspire action and change. By shedding light on the human rights violations, socio-economic disparities, and systemic corruption that plague the DRC, we hope to galvanize support for meaningful reforms and interventions.

This book calls on international human rights institutions, governments, and civil society organizations to prioritize the DRC in their agendas. It urges policymakers to adopt a holistic approach that addresses immediate humanitarian needs and the underlying structural issues. This includes supporting local initiatives, promoting accountability, and ensuring inclusive and sustainable development efforts.

Furthermore, the book advocates for increased academic engagement with the DRC’s situation. Scholars in anthropology, social studies, and economics have a crucial role in analyzing the root causes of the crisis, proposing innovative solutions, and amplifying the voices of those affected. The academic community can better understand the DRC’s challenges and opportunities by fostering interdisciplinary research and collaboration. This book offers a comprehensive analysis divided into three significant sections to engage scholars in anthropology, social and political sciences, and human rights. The first section presents an in-depth overview of the Democratic Republic of the Congo (DRC) within a historical context, including its geographical features, constitutional developments, and interpretations of human rights. This foundational understanding sets the stage for the subsequent analysis.

The second section delves into human rights violations within the DRC, utilizing various methodologies to measure and assess these abuses. This part critically examines the systemic nature of these violations, supported by empirical data and case studies, to illustrate the breadth and depth of human suffering and injustice in the country.

The third section synthesizes the collected data to formulate a well-documented complaint against the DRC, characterizing it as a rogue, weak, and collapsed state. This section argues that the lack of effective government leadership, pervasive top-down corruption, and total insecurity have systematically undermined the rule of law and human rights. The book aims to provide a robust framework for understanding the complexities of state failure and the urgent need for comprehensive reform and accountability in the DRC.

In conclusion, the DRC stands at a crossroads with the potential for continued suffering and transformative change. The path forward requires a collective effort grounded in a commitment to human rights, social justice, and equitable development. We hope that this book will catalyze such efforts, inspiring readers to join the struggle for a brighter future for the people of the Democratic Republic of the Congo.

PART 1

Country Overview, Research

Perspectives, Constitutions,

and Human Rights

Chapter One

General Introduction: Complaint, Application

Failure of Constitutional Human Rights

1.1A Quick Presentation of the Democratic Republic of Congo and Background to the Study

The Democratic Republic of the Congo, spanning 2344860 Km2, has a rich history and diverse geography. Nestled in Central