Conflict resolution in a failed state : case study of the Democratic Republic of the Congo

University of Technology, Sydney. Faculty of Law.NO FULL TEXT AVAILABLE. Access is restricted indefinitely. The hardcopy may be available for consultation at the UTS Library.NO FULL TEXT AVAILABLE. Access is restricted indefinitely. ----- This thesis is intended to explore an avenue of conflict resolution in the Democratic Republic of Congo (DRC) up to 2005. From the first week of its independence in June 1960, the DRC has undergone an “on and off’ period of violent conflicts. The search for a solution to the DRC conflict is historically a far-fetched outcry. However, all attempts to find a lasting solution to the conflict have not yielded the desired results. The aim of doing so is to ascertain whether it is feasible to sustainably resolve contemporary conflicts in a failed State or a State that is collapsing. In order to trace this factor, recourse is made to the history of the DRC. But, history alone is inadequate to provide the solution. Therefore a further exploration is made through political and economic factors. The notable questions asked by the thesis include: What are the major claims in the DRC conflict? Who is complaining against what? Are there adequate mechanisms within the DRC to address its conflict? The nature of the government system in the DRC is examined and its legislative system analysed in order to determine the legitimacy of the laws. The DRC lacks democratic institutions namely the legislature, the executive and an independent judiciary. Where these institutions are not separate, dictatorial rule will result. A dictatorship is a recipe for violence. The DRC is polarised into the rich and the poor categories of the society. The challenge is how to unite the two sides. Seemingly, this is a difficult task, but whether a solution can be found is the purpose of the thesis. Furthermore the thesis argues that the duty of uniting the polarised society is not for individuals but the State. The writer argues that extenuating economic factors from which transcend the socioeconomic rights over the passion for self-determination are crucial to successful conflict resolution. An accountable and transparent government enhances a sustainable environment for development, peace and stability. Effective enforcement by the State of individual and collective rights from the basis of a harmonious society is crucial in the pursuit of a lasting solution in the DRC. The strengthening of the State economically premised on tenets of good governance and feasible fiscal policies create a stable and peaceful environment. Respect of land rights by the empowered and its fair redistribution form the pinnacle of a stable society. Conflict resolution in a ‘failed’ State is feasible only if the resolution process is in itself inclusive and not exclusive