OCHA Situation Report
Democratic Republic of the Congo - Appeal
Report for 12 - 20 May 2005
14 June 2005


Source: UN Office for the Coordination of Humanitarian Affairs

REPORT AND RECOMMENDATIONS

The IDD undertook a mission to the DRC from 12 to 20 May 2005, following
a request from the RC/HC, Ross Mountain. The IDD mission team consisted
of Mark Cutts and Anne-Marie Linde. The mission was specifically asked
to review activities related to the return and reintegration of IDPs,
including a UNDP-funded Pilot Project (Projet de Protection, Reinsertion
et Reclassement Social des Deplaces de Guerre). The team visited IDP
camps in the Kinshasa area and travelled together with officials from
the Ministry of Social Affairs and colleagues from OCHA, MONUC and UNDP
to the eastern DRC, where it visited Goma, Beni, Oicha, Uvira and
Bukavu. The mission met with a wide range of Government officials,
national and international humanitarian partners, MONUC officials,
development actors and donor representatives.

General observations

Some 2,000 IDPs are currently travelling up the River Congo on a barge
that is expected to take 30 days to get from Kinshasa to Kisangani. They
are returning to their provinces after years of displacement - in some
cases nine years. The return operation, organized by the Ministry of
Social Affairs, with funding from UNDP, is part of a Pilot Project on
Return and Reintegration of IDPs in the DRC.

On one hand, the barge is a powerful symbol of some of the positive
developments taking place in the country. On the other hand, it has not
been a shining example of an inter-agency collaborative response. On the
contrary, in many ways it has been quite the opposite, as outlined in an
IDD Preliminary Note on Lessons Learned from the Pilot Project, dated 3
June 2005.

The Pilot Project has graphically demonstrated two things: first, that
large numbers of IDPs in the DRC are ready to return to their homes if
minimal support is provided. Second, that for returns to be safe and
sustainable, a clear strategy and close collaboration between a wide
range of Government authorities, humanitarian and development actors is
needed.

Over 90% of the IDPs in the DRC are with host families rather than in
camps. This makes it difficult to gain an accurate picture of the number
and location of IDPs and of the conditions in which they are living. The
latest estimate from OCHA is that there are some 2.3 million IDPs. About
95% of these are in six provinces: Orientale, North Kivu, South Kivu,
Maniema, Equateur and Katanga.

This total figure of 2.3 million IDPs includes figures for some
provinces which have not been updated since 2003. New IDPs are usually
added, while those that return are not always struck off the lists. The
correct figure is probably lower than 2.3 million. Population Movement
Committees ( Commissions sur les Mouvements de Population), comprised of
national authorities and humanitarian agencies, have been set up in most
provinces and have made significant progress in updating information on
IDPs. However, these have not yet been set up everywhere and
methodologies for counting IDPs remains vague.

Return and reintegration

While some provinces, such as Equateur, have been relatively calm over
the last three years, much of the eastern part of the country remains
volatile and insecure, with sporadic clashes amongst armed groups and
civilians continuing to bear the brunt. Widespread human rights
violations by armed groups continue with almost total impunity,
including killings, rape, sexual exploitation, abductions, forcible
conscription of children, looting, plundering of crops, illegal taxation
and general harassment of civilian populations. Unpaid Government troops
(FARDC) are responsible for many of the crimes. Lack of salaries for
these troops is a major problem.

Ethnic, clashes, the presence of foreign troops, illegal exploitation of
natural resources (gold, coltan and diamonds), and smuggling of goods
and weapons all add to the violence. There is no functioning judicial
system in much of the eastern DRC. A recent survey showed that it would
cost a woman US$ 300 to succeed in having a rape case brought to court.

MONUC troops have helped stabilize the situation in places such as
Bunia, but with only 16,000 troops - UNMIL has 15,000 in Liberia, which
is more than twenty times smaller - it remains seriously constrained
despite its Chapter VII mandate.

Against this backdrop, it is difficult to see how return and
reintegration of IDPs - and refugees - can be a serious proposition at
this stage. And yet it is. The Congo's transition may be failing in some
respects, but for hundreds of thousands of people the option of
returning to their towns and villages of origin is more attractive than
that of remaining displaced, either in camps or with host families. In
spite of the continued violence and human rights abuses, there are also
pockets of stability where in many cases small-scale recovery projects
have already started.

OCHA estimates that some 900,000 IDPs have returned to their places of
origin since the end of 2003. While it is difficult to verify this
figure, it is clear that large-scale returns have taken place and
continue to take place. In some cases, people who have been displaced
for relatively short periods of time (up to two years) are returning, as
in the case of IDPs returning from North Kivu to Ituri. Project
proposals submitted to donors for funding over the last year include a
UNICEF project to assist some 150,000 IDPs to return from North Kivu to
Ituri and projects for UNICEF and NGO partners such as CRS and Caritas
to assist some 100,000 IDPs to return to northern Maniema. During our
visit to Oicha IDP camp in North Kivu, IDPs expressed a strong desire to
return to Ituri as soon as transport and other basic assistance is made
available. Main areas of return include Bunia (centre), Komanda, Irumu,
Marabo and Nyakundo.

Refugees too are returning from neighbouring countries - an estimated
25,000 having returned on their own initiative to South Kivu, Katanga
and Equateur provinces since 2003, according to UNHCR. The mission
visited a UNHCR transit centre in Uvira through which some 12,000
returnees from Tanzania have passed over the last year. Some of the
returnees interviewed said that many more would come if transport
assistance were provided from the camps in Tanzania. In view of this
trend, UNHCR is planning to build up its presence in the DRC to
facilitate further returns and to assist with reintegration assistance.
UNHCR's operational planning is based on an estimated 44,000 refugee
returns to Equateur and South Kivu provinces in 2005. This is part of a
regional multi-year operations plan which is being developed for the
voluntary repatriation of up to 381,000 Congolese refugees spread out in
nine neighbouring countries. Although UNHCR does not plan to be directly
involved in assistance to IDPs in the DRC, it has stated that it will
ensure that IDPs returning to the same areas as refugees will be
included in the community-based approach.

Humanitarian activities related to the return of IDPs have until now
focused mainly on transport assistance and the distribution of return
packages. Some NGOs interviewed by the mission said that they were
unable to do more in terms of shelter programmes and repair of
infrastructure in places of return, as donors were unwilling to fund
transition activities. There was general agreement, however, on the need
for more rehabilitation of basic services - schools, health centres, and
water/sanitation systems. IDPs particularly stressed the importance of
schools, explaining the reluctance of parents whose children are
currently in schools to go back to places with no schools. Both local
authorities and IDPs interviewed by the mission also emphasized the
importance of road repairs, to improve access generally, to boost
economic activities and to provide a means of escape if there are
outbreaks of fighting.

Concerning promotion of the Guiding Principles on Internal Displacement,
the OCHA IDP Unit has conducted numerous training programmes at the
field level over the last two years. National legislation on IDPs based
on the Guiding Principles has, however, not yet been developed.

Concerning protection monitoring and follow-up by humanitarian actors,
working groups on sexual violence (chaired by UNFPA) have been set up in
a number of places, as have working groups on child protection (chaired
by UNICEF, the MONUC Child Protection Unit or NGOs such as Save the
Children). However, no overarching Protection Working Groups have been
set up. The Special Advisor to the Humanitarian Coordinator on
Protection of Civilians has recommended the establishment of Protection
Working Groups in eight hubs, namely Bunia, Beni, Goma, Bukavu, Kalemie,
Lubumbashi, Kisangani, Kindu and Kinshasa. If established, such working
groups would include a focus on issues relating particularly to
displacement and return of displaced persons, such as disputes over
property rights, which is a serious obstacle to return in many places.

Coordination and funding

While a number of agencies are involved in activities related to return
and reintegration, there is as yet no overall strategic framework. As a
result, in most cases humanitarian and development actors operate in
separate worlds. UNOPS, for example, has a large programme in the DRC,
yet few efforts have been made to engage it in rehabilitation projects
specifically in areas of return. The planned establishment of a Return
and Reintegration Working Group in Kinshasa, to be jointly chaired by
UNDP and UNHCR, should help in this regard.

The Humanitarian Affairs Section of MONUC is proactive and has been
extremely helpful in terms of facilitating humanitarian activities.
Discussions with humanitarian staff in the field, however, indicate that
in many places the links between humanitarian actors and the MONUC Human
Rights Section on protection-related issues need strengthening. The
MONUC Human Rights Section has 17 field offices, with one international
Human Rights Officer in each and sometimes also one UNV.

The Transitional Government, established in June 2003, continues to
struggle to affirm its authority in much of the eastern part of the
country. This makes it difficult in places such as South Kivu for
humanitarian and development actors to work closely with local
counterparts. The proliferation of Ministries at the Kinshasa level has
also complicated coordination arrangements - more than 50 were created,
to allow all the parties to get Government posts. This has meant that
return and reintegration activities are handled by at least four
different Ministries. This is unlikely to change until after the
elections, which will probably not take place until some time in 2006.
However, in spite of the difficulties, there is general recognition that
humanitarian actors need to involve local counterparts more in planning
and implementation of return and reintegration efforts, if these are to
be sustainable in the longer term.

Donors' insistence on excluding "transition" activities from the 2005
Consolidated Appeal for the DRC appears to have had the effect of
helping to keep the humanitarian and development actors in two separate
spheres, hindering efforts to develop a common strategy. Further
compounding this, donor representatives in Kinshasa acknowledged to the
mission that there is no clear agreement amongst themselves as to what
constitutes "transition" activities. The DRC is a pilot country for the
Good Humanitarian Donorship Initiative.

RECOMMENDATIONS

Note: Many of the recommendations of the inter-agency mission on
internal displacement in the DRC in February 2003 are still valid and
some of them are repeated here.

UNDP-LED PILOT PROJECT ON IDP RETURN AND REINTEGRATION

For UNDP:

1. UNDP should ensure that during the next phase of the pilot project
there is a clearly defined and appropriate division of labour amongst
national authorities and relevant humanitarian and development agencies.
It is recommended that UNDP's own involvement should be limited
primarily to reintegration activities in areas of return, with a focus
on rehabilitation of essential services (schools, health centres and
water/sanitation systems), shelter projects, and repair of roads and
other vital infrastructure. UNDP should also invest in capacity building
of local authorities/institutions. Protection monitoring, transportation
of IDPs, distribution of return packages and other return-related
activities should be the responsibility of agencies with the requisite
expertise and capacity. An appropriate division of labour should be
agreed on in the Working Group on Return and Reintegration.

INFORMATION ON INTERNALLY DISPLACED PERSONS

For OCHA and the Population Movement Committees:

2. A clear methodology should be developed for collecting information on
population movements and IDP figures. These figures, some of which have
not been updated since 2003, should be updated regularly. (A clear
picture of where most IDPs are located is useful also for planning on
return and reintegration activities, since the majority of IDPs in the
DRC return to places within the provinces in which they are displaced.)
As a minimum, OCHA should ensure that the six provinces with large IDP
populations provide an updated figure on the total IDP population in
their respective provinces at the end of each quarter (i.e. on 31 March,
30 June, 30 September and 31 December). Where accurate figures cannot be
provided, the Population Movement Committees should provide estimates.
It is recommended that OCHA invite the NRC Global IDP Project, which has
considerable experience in IDP data management, to assist in setting up
an effective system in the DRC.

COORDINATION AND STRATEGIC PLANNING

For OCHA, UNDP, UNHCR and the rest of the Country Team:

3. Senior IDP Advisor and revitalized OCHA IDP Unit: It is recommended
that the OCHA IDP Unit (which currently has no full-time professional
staff) be headed by a full-time Senior IDP Advisor (P4). This would
involve either the re-designation of an existing P4 post in the OCHA
office, or the creation of a new post.

4. Inter-Agency Working Group on Return and Reintegration: To ensure
closer coordination between humanitarian and development actors,
including larger-scale reconstruction efforts being undertaken by the
World Bank and others, a Working Group on Return and Reintegration is in
the process of being established at the Kinshasa level. It will be
chaired by UNDP and UNHCR, with OCHA support. The Terms of Reference,
being drawn up by UNDP and UNHCR, should be finalized and approved by
the Humanitarian Coordinator by 30 June. They should include provisions
to ensure close links with other coordination mechanisms for DDRRR
activities, including the World Bank and donors involved in recovery
activities. The Working Group should start meeting regularly as of mid
June. Consideration should also be given to the possibility of
establishing a UNDP-UNHCR Joint Reintegration Project Unit.

5. Return and Reintegration Strategy: An outline of a Return and
Reintegration Strategy is being prepared by the IDD and will be shared
with the Humanitarian Coordinator by 20 June. The Working Group on
Return and Reintegration, under the leadership of UNDP and UNHCR, should
take responsibility for finalization of the Strategy. A preliminary
version should be shared with the RC/HC by 31 July 2005. This may
eventually be used to assist the Transitional Government in the
development of a national return and reintegration strategy (see
Recommendation 7).

6. Population Movement Committees: Committees have already been set up
in a number of places. There should be more consistency in the
composition and work of these committees, particularly in the six
provinces with large IDP populations (Orientale, North Kivu, South Kivu,
Maniema, Equateur and Katanga). They should include representatives of
local authorities, national and international humanitarian actors, civil
society and IDPs themselves. They should not only focus on collection of
information on population movements but should be a forum for developing
response strategies both for emergency needs and return/reintegration
activities. Standard terms of reference for these committees should be
agreed on by 30 June 2005. In the short term, OCHA should take the lead
in overseeing the work of these committees. In the longer term, should
UNHCR agree to take on a larger role in IDP returns, it could be
requested to oversee the work of these committees.

NATIONAL RESPONSIBILITY

For the Transitional Government:

7. National legislation on IDPs: The Transitional Government should be
encouraged to adopt national legislation on IDPs consistent with the
Guiding Principles on Internal Displacement.

8. National Return and Reintegration Strategy: The Transitional
Government should be encouraged to develop a national return and
reintegration strategy. UNDP and UNHCR should be asked by the RC/HC to
assist the Transitional Government in this, using the Country Team
Return and Reintegration Strategy as a basis.

9. Inter-Ministerial Commission on Return and Reintegration: In the
absence of a single Ministry responsible for all activities related to
the return and reintegration of IDPs, refugees and ex-combatants,
consideration should be given to the possibility of establishing an
Inter-Ministerial Commission on Return and Reintegration.

10. Provincial focal points: At the provincial level, the Transitional
Government should be requested to designate a focal point for return and
reintegration activities in each of the six main IDP-hosting provinces.
Should an Inter-Ministerial Commission be established, it could take
responsibility for designating provincial focal points.

CAPACITY-BUILDING

For UNDP, UNHCR, OCHA and other Country Team members:

11. Capacity building: Greater involvement of local authorities in
assessments, planning and implementation processes is needed, to the
extent possible. To achieve this, more needs to be done to build up the
capacity of local authorities and to establish committees composed of
both national actors and international humanitarian actors, particularly
in areas of actual or potential return. Should an Inter-Ministerial
Commission on Return and Reintegration be established, capacity building
of this Commission, and of the provincial focal points designated by
this Commission, should be a priority.

PROTECTION

For UNHCR, UNICEF, OHCHR and MONUC:

12. Protection Working Groups: Protection Working Groups (covering not
only IDPs but all civilians) should be set up in the field, as
recommended by the Special Advisor to the Humanitarian Coordinator on
Protection of Civilians. Once established, it is recommended that
existing Sub-Working Groups on Sexual Exploitation and Abuse and on
Child Protection be asked to report to these over-arching Protection
Working Groups. Until and unless other measures are put in place, it is
recommended that the MONUC Human Rights Section be asked to chair, or
co-chair, these Protection Working Groups. This should be further
reviewed in the context of the upcoming Protection of Civilians (POC)
Workshop.

For MONUC:

13. MONUC Human Rights Section: With protection activities amongst
humanitarian actors currently limited almost exclusively to child
protection and sexual violence, the RC/HC should encourage the MONUC
Human Rights Section to play a more active role in IDP-related
protection monitoring and follow-up.

For UNHCR:

14. UNHCR's role in protection: UNHCR, which is planning to build up its
presence in Equateur and South Kivu Provinces, should be encouraged by
the Humanitarian Coordinator to deploy protection staff in these
provinces to assist in ensuring adequate protection monitoring and
follow-up in areas of return. Should UNHCR agree to deploy protection
staff in these provinces, they should be encouraged to co-chair the
Protection Working Groups there. UNHCR should also be encouraged to
contribute to the development of a countrywide protection strategy and
to expand its return and reintegration programme in the DRC to target
IDPs generally, and not only IDPs in areas of refugee return. (See also
Recommendation 19)

TRANSITION AND RECOVERY

For UNDP, UNHCR, OCHA and the Return & Reintegration Working Group:

15. Mapping of areas of return: More systematic mapping of areas of
actual or potential return (IDPs, refugees and ex-combatants) is needed.
The Return and Reintegration Working Group should take the lead in
identifying focus areas for return and reintegration programmes. This
involves close cooperation with national authorities and MONUC. This
information should be clearly presented and regularly updated.

16. Rehabilitation of basic services and essential infrastructure: To
facilitate spontaneous returns and to contribute to the consolidation of
peace, there is a need for an increase in recovery activities in the
more stable parts of the country, including the eastern provinces.
Recovery activities should place particular emphasis on:
labour-intensive public works (to encourage the displaced and
ex-combatants to return while contributing to the socio-economic revival
of communities); small-scale infrastructure rehabilitation in the areas
of health, education and water/sanitation; and establishment of rule of
law and judicial systems to counter the widespread culture of impunity.
Also of critical importance is the rehabilitation of essential
infrastructure such as roads, railways and bridges to facilitate the
resumption of economic activities.

17. Development actors to take the lead: The priority should be to try
to get development actors such as UNDP (including UNOPS) to take the
lead in implementing projects involving rehabilitation of services and
infrastructure in areas of return. Only where development actors are
unwilling or unable to act quickly enough should humanitarian actors
step in to fill the gap.

18. UNDP and UNHCR field presence: If UNDP and UNHCR are to be effective
in leading the inter-agency return and reintegration process, they will
need to strengthen their field presence, particularly in the eastern
DRC. In areas of return, consideration should be given to the
possibility of co-locating field offices. As mentioned in Recommendation
15, UNHCR should also be encouraged by the Humanitarian Coordinator to
expand its return and reintegration programme in the DRC to target IDPs
generally, and not only IDPs in areas of refugee return.

FUNDING

For the OCHA-led inter-agency needs assessment team:

19. Inclusion of return-related rehabilitation activities in the needs
assessment: For donors to be able to allocate resources effectively, a
clear assessment of needs is required, indicating both ongoing emergency
response needs and transition/recovery needs. It is recommended that the
OCHA-led countrywide needs assessment currently taking place provide a
clear indication of those recovery activities (including rehabilitation
of basic services, shelter programmes and road repairs) which are
considered essential for facilitating the return and reintegration of
IDPs.

For the RC/HC and donors:

20. Advocacy on transition/recovery activities: The RC/HC, with support
from the ERC, should continue to emphasize to donors that support for
socio-economic recovery and rehabilitation activities (related
specifically to IDP and refugee returns) will not only help provide
durable solutions for IDPs and refugees but should also contribute
considerably to the consolidation of peace in the DRC.

21. Donor contributions: Donors should be encouraged to generously fund
both emergency response activities (the 2005 CAP is currently only 27%
funded) and transition/recovery activities related specifically to IDP
and refugee returns. To facilitate planning by humanitarian and
development actors, they should indicate clearly the funding mechanisms
that they intend to use for each of these activities.

Mark Cutts
Anne-Marie Linde
8 June 2005

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