[50] USIP Report - #2
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although the origins
of much of the literature are unclear. Such tactics have fed Mai-Mai
recruitment.
The longer the war keeps rumbling along and the vacuum of governance persists,
the more opportunities will exist for an increase in transnational threats based
in or emanating from the Congo. For example, the combination of Congo's
resources and lack of regulation could be exploited by money launderers, drug
and diamond smugglers, arms dealers, sanctions busters, or even terrorists.
Deadly diseases already constitute a threat, and an inability to contain
potential epidemics also should be considered a transnational threat, given
previous outbreaks of the Ebola virus and other virulent diseases.
- Policy Responses
As mentioned, three issues must be addressed to bring peace to the Congo:
equitable distribution of power throughout the Congo; integrated, coordinated
and multifaceted counterinsurgency campaigns against the nonstate actors that
continue to feed off the DRC vacuum and destabilize neighboring countries; and a
coherent strategy for addressing the boiling cauldron called Kivu. The Lusaka
agreement attempts to address the first two issues but fails to fully elaborate
a strategy for resolving the complex issues specific to eastern Congo.
If the international community is serious about peace in Central Africa,
meaningful support for the Lusaka agreement for addressing the first two issues
is required, as is a concerted effort to understand better and respond to Kivu
-based problems that are not dealt with by the agreement. This means that some
kind of peace dividend must be forthcoming for all parties willing to engage in
a process towards peace. The United States, European Union (EU), World Bank, UN
development agencies, and other donors must be prepared to allocate or shift
resources immediately to support both the Lusaka agreement's implementation and
the broader priorities outlined below. If the international community does not
pay now, it will be forced to pay much more later in further rounds of crisis
response.
Success will require the use of both incentives and pressures during the
implementation process. In addition to the provision of aid as an incentive,
pressures must be exerted. Discussion could center around specific and graduated
sanctions that would be applied uniformly against any violator of the Lusaka
terms. And when the United Nations and OAU endorse the agreement, any country
that violates the agreement--signatory or nonsignatory--through the provision of
arms or sanctuary to the nonstate actors should be sanctioned. All sides in the
conflict think that the others need to be pressured to implement the agreement
in good faith, so a package of transparent pressures and incentives should be
constructed multilaterally.
Doing so would require a much greater degree of international coordination
than exists presently. Major donors should give consideration to a Friends of
Peace in the Congo mechanism, which could harness international actions and
build on examples of coordination, such as the World Bank Trust Fund for the
DRC. It could also help coordinate diplomatic support for the agreement's
implementation, particularly for the important task of cajoling key parties to
implement fully all the provisions of the agreement, such as Rwanda's timetable
for withdrawal, Zimbabwe's support for JMC actions, and the Congo's constructive
participation in planning for the national dialogue.
Each of these issues must be addressed at multiple levels. For example: The
question of citizenship status of Congolese Tutsi populations remains explosive.
A comprehensive social, legal, and economic strategy must be fashioned for this
issue, including community meetings on coexistence, civic education, free
movement of people, economic development, secure land tenure, protection of
individual and group rights, and local defense mechanisms. The law on
citizenship should be crafted with maximum transparency and consultation, and
could be part of a broader constitutional process. Addressing the broader
security concerns of Congolese Tutsi (without fuelling perceptions of special
treatment) might enhance the case for an earlier departure of Rwandan troops, a
trade-off that many Congolese might be willing to make.
Elements of the ex-FAR/Interahamwe, the ADF, and other groups must be
separated from civilian populations and disarmed. To conduct a successful
counterinsurgency campaign, strategists must deploy military, judicial,
political, social, and economic tools. In northwest Rwanda, the Rwandan
government was successful in transforming what began as a brutal military
offensive against the ex-FAR/Interahamwe and suspected sympathizers into a more
comprehensive counterinsurgency operation. The strategy involved the creation of
local defense groups that acted as a ìneighborhood watch" against the
Interahamwe, the development of a popular education campaign about the
Interahamwe, the reintegration of sizable numbers of ex-FAR into the Rwandan
military, the provision of humanitarian support with limited donor assistance,
the holding of local elections, and the aggressive separation--with local
leadership--of armed and unarmed elements of the population. The JMC must adopt
such an integrated strategy, along with a
demobilization program aimed at reintegrating nongenocidaires militia.
- Encouraging Peace Processes
- National and Regional Levels:
Even if it ultimately falls apart, it is important to recognize the tremendous
achievement of the long and winding African-led peace process that resulted in
the Lusaka cease-fire agreement. Zambia, Tanzania, Mozambique, and South Africa
all played crucial roles in bringing about a process which culminated in the
creation of the ceasefire document, which addresses most of the fundamental
issues fueling the conflict. The United States also played an important behind
-the-scenes role in support of the African mediation, particularly through the
participation at key junctures of Undersecretary of State Tom Pickering,
Assistant Secretary for African Affairs Susan Rice, Special Assistant to the
President Gayle Smith, and Special Envoy Howard Wolpe.
At this critical juncture, while parties determine whether Lusaka will be
implemented, it is imperative that the United States be actively engaged on a
daily basis with all of the parties. In addition to the work already being done
by U.S. embassies in the region, Special Envoy Howard Wolpe--perhaps with an
enhanced mandate--and other appropriate, high-level assistance and personnel
from Washington must work through in great detail with all the parties
(including the rebels) each aspect of the agreement. Common understanding of the
way forward in each area will be key during implementation, and continuous
discussion will be necessary around contentious issues, to supplement the
efforts of the JMC. Ideally, this would be done in close coordination or even
jointly with EU Envoy Aldo Ajello and other key international actors.
At the national and regional levels, just as in the Horn of Africa, mechanisms
for bilateral technical and political consultation are needed in the Great Lakes
region. For example, the Rwandan and Ugandan governments, assumed to be close
enough that they would not consider coming to blows (just as was the case with
Ethiopia and Eritrea before their war), require some kind of institutionalized
channel of communication on a broad array of issues, to which the United States
and others could contribute technical assistance. The JMC will povide a
potential vehicle for regional military cooperation and dispute resolution. And
bilateral mechanisms for discussing future relations are needed for all of the
governments involved in the Congo, particularly between Rwanda and Congo.
Opportunities for conflict resolution between neighboring countries and their
own insurgencies must be supported as well. Enhanced efforts to accelerate the
pace of the Burundian peace talks in Arusha may be under way, and there are
indications that some elements of the ADF may be interested in negotiating with
the Ugandan government.
- Local Level:
In the Kivus, Rwanda, and Burundi, local populations speak of the importance
of peaceful cohabitation, coexistence, and even reconciliation. More enlightened
leaders see the importance of getting the ethnic-hatred genie back in the bottle
before more serious damage is done. Local initiatives--some rooted deeply in
grassroots conflict management traditions--promoting these values and exploring
practical ways of living together occur throughout the Great Lakes region,
usually with little outside support. Other efforts under way focus on campaigns
against the Interahamwe and separation of local populations from militia forces.
Much more could be done with very small amounts of flexible resources provided
to communities where coexistence is occurring or being promoted.
Banyamulenge civilians will not be protected by laws alone, or by the Rwandan
government and/or the international community. The Banyamulenge community--along
with other Congolese Tutsi populations--requires social acceptance. Some
traditional leaders and intellectuals in South Kivu have begun conflict
-resolution initiatives between Banyamulenge and other local communities or Mai
-Mai leaders. These initiatives are unlikely to lead to truly stable outcomes as
long as the war continues and as long as there is a vacuum of legitimacy at the
level of the provincial government, which for nearly a century has been the
broker and guarantor of such arrangements.
Some efforts have made progress. For example, in an area called Kasiba where
killings had left tensions very high, large community meetings were held, during
which citizens vented accusations and discussed the way forward. The communities
created a committee to follow through on resolutions of the meetings, such as
the reestablishment of the livestock market. Other efforts are under way by Kivu
communities to separate civilian populations from armed groups and to invite
armed groups to lay down their weapons and reintegrate. It is in the context of
these kinds of initiatives that international community representatives should
be contacting Mai-Mai leaders. Ignoring them will only strengthen their resolve
to undermine national and regional agreements in defense of their perceived
interests.
In North Kivu, an institution called the Baraza (the Council of the Wise)--in
which all eight ethnic groups residing in the region participate--has been
resurrected. During a series of consultations, participants established that no
community has the right to question the nationality of another community,
particularly on the basis of physical appearance. They also decided that no one
can be thrown out of a job or house on the basis of ethnic origin. The Baraza
and other local institutions try to address land and other disputes before these
issues require adjudication. The Pacification Commission is also promoting
coexistence, and has held seminars involving representatives of different groups
aimed at helping to revive traditional authority and conflict resolution
mechanisms. Efforts are also under way by Kivu-based groups to invite Congolese
Tutsi refugees back to North Kivu. These local groups are building houses for
the returnees and sensitizing the local communities. A more serious effort
should be made
to analyze these local efforts to determine which are genuine.
In addition to intercommunal mechanisms, many of our interlocutors called for
civic education or peace education campaigns. Congolese nongovernmental
organizations have launched a "Civil Society Campaign for Peace" that aims to
undertake peace advocacy initiatives, prepare populations for the national
dialogue called for in the Lusaka agreement, conduct surveys on the consequences
of the war, hold discussion and training sessions on conflict resolution,
develop written materials, and strengthen local groups and initiatives promoting
coexistence and reconciliation. It will provide an important link between
populations in the east and west, as civil society organizations on all sides of
the conflict will be participating.
- Democratic Institution Building
If implemented properly, the national dialogue called for in the Lusaka
agreement will be a major opportunity to address fundamental issues related to
the reconstruction of the state. This initiative must be inclusive, involving
participation from all Congolese regions through consultative mechanisms and
allowing ample time for full input. The selection of a neutral facilitator will
be key. The Congolese government, rebels, political parties, and civil society
groups must all be properly represented at the dialogue.
The RCD will press a number of issues at the dialogue, including federalism,
regional autonomy, and citizenship rights for Banyarwanda populations. Kivu
residents in particular, to the extent that they are represented, will press for
a federal government in the Congo that will allow the Kivus to be managed by
Kivu residents. This sentiment is shared by leaders of other provinces
throughout the DRC, and will be advocated strongly in any debate about the
nature of the state. The constituency for decentralization and federalism has
been very strong since the fall of Mobutu. The Kabila regime's failure to
deliver on this with any consistency is its greatest political liability,
although the issue is counterbalanced and obfuscated by the strong pull of
nationalist sentiment engendered by the war. For federalism to be successful,
the rights of minorities will have to be protected by both judicial and
administrative oversight, and resource control will have to be devolved as well.
Most external actors have chosen not to engage with the various rebel factions
and administrations, worried about the potential signal such engagement might
send of support for the insurgency or a lack of concern for the Congo's
territorial integrity. But even absent egagement, erroneous perceptions are
widespread that this engagement is under way anyway, particularly with respect
to the United States. Without any presumption of recognition and as part of a
transition process linked to the implementation of the Lusaka agreement, the
United States and other governments should regularly and collectively engage the
RCD, MLC, political party officials,and civil society leaders in rebel-held
zones on a host of fundamental rights and democracy issues. Increased
involvement by U.S.-based democracy institutes during the transition period
linked to the Lusaka implementation, with party and civil society
representatives from both east and west, should be planned now and be the
subject of close cooperation b
etween key donor governments and agencies. The development of future leadership
should be a key objective throughout the Congo.
Neighboring countries must also be engaged as robustly as the Congo to expand
opportunities for political participation and accelerate transitions to
democratic rule. U.S. public statements are more effective when they advocate
for democracy throughout the region rather than just in the Congo. The Lusaka
process can be a catalyst for promoting dialogue and democracy throughout the
Great Lakes region. Specifically, Rwanda should advance more rapidly in its
electoral schedule, moving to prefect and parliament elections as soon as
logistically possible; Burundi should address core issues of power sharing
within the context of its Tanzania-based peace process; Uganda should ensure a
level playing field for its current debates on the nature of pluralism and
accept the popular will on the issue; and Zimbabwe should liberalize further in
advance of the next elections. Power sharing and inclusiveness in all of these
countries will lay the groundwork for eliminating support for insurgents.
As in most African countries, civil society in the DRC is a raucous,
inconsistent, vibrant collection of interests, ambitions, and aspirations. Some
groups are working on behalf of their communities, genuinely striving for
development and coexistence. Others are simply repackaged political parties. A
disturbing factor, though, is the extent to which some civil society groups
appear to be fueling the sentiment in the Kivus against Tutsi or Rwandan
populations. Some of these civil society leaders are feeding to the outside
world misinformation about the scope of human rights abuses by all parties.
Because such abuses exist, misinformation finds receptive audiences,
particularly those seeking sensationalist angles that can compete with Kosovo,
Sierra Leone, and Sudan for the world's attention. Civil society is largely
given a free ride in international circles because of dutiful allegiance to
freedom of speech and assembly. But civil society must be challenged to use
responsibly their influence, information cha
nnels, and leadership.
- Human Rights Promotion
As long as the ex-FAR/Interahamwe remain a threat based in the Congo, Rwandan
and Ugandan forces are unlikely to depart. In the east, in addition to
establishing the rule of law, some closure will have to come on the issue of
citizenship, and minority rights will have to be perceived to be ensured. At
that juncture, if the ex-FAR/Interahamwe threat were to be minimized, Rwanda
would have no further justification for remaining in eastern Congo.
As mentioned, the citizenship issue is explosive. The Congolese Tutsi
population is a minute percentage of the national total. Although numbers are
hotly disputed (we heard estimates that ranged from 30,000 to one million), the
total is likely less than one percent of the Congo's population. The Lusaka
cease-fire agreement--to which the Congolese government is a signatory--put
forward the principle of citizenship for anyone in Congo at the time of
independence. This principle needs to be operationalized, and the approach to
establishing the law on nationality should be consultative and transparent.
Rights to land and land use are inextricably linked to legal questions
regarding nationality. Traditional land use arrangements allowed for ownership
by the community, which in turn allows those outside the community who petition
the local chiefs for land to use it. Non-Tutsi populations in Kivu claim that
Tutsi communities are disrespectful of these traditions and asserting ownership.
Further problems were inherited from the distortions resulting from both the
colonial plantation economy and the land grabbing during the Mobutu era. The
issue of land use--like citizenship--needs to be addressed through a
consultative process that produces a fair and transparent way forward, including
a way to increase everyone's stake by improved land use patterns, rather than
simply adjudicating disputes. Perhaps the U.S. Great Lakes Justice Initiative
could provide resources and forums for such a process to occur.
Creating the International Coalition Against Genocide (ICAG), envisioned by
the Entebbe Summit participants in March 1998, might provide a forum for more
intensive international coordination in support of efforts to counter the
genocidaires. This is particularly relevant in the context of the implementation
of the Lusaka agreement and would be an important adjunct to the JMC.
Specifically, ICAG could examine ways to strengthen and enforce UN Security
Council sanctions against the ex-FAR/Interahamwe and their arms suppliers,
improve export controls and customs enforcement throughout the region, create
mechanisms for sharing key information and intelligence about movements of
genocidaires and their suppliers, and help build dossiers against key ex
-FAR/Interahamwe figures still active in the DRC conflict. ICAG could contribute
to making some of the ringleaders and commanders international fugitives and
share information that could contribute to the arrest and transfer of the
accused to the Internati
onal Criminal Tribunal for Rwanda or to Rwanda's judicial system.
Human rights reporting in eastern Congo has been problematic due to the lack
of field verification of many of the charges made. The UN Human Rights
Commission must do more extensive field research before it makes sweeping
allegations. This need is relevant not just to current events but also to the
process of following upon the massacres in Zaire during the 1996-97 war.
Unsubstantiated allegations only feed the rumor mill and fuel local desires to
check Tutsi (and Hutu) aspirations by whatever means perceived to be necessary.
Ironically, this situation increases impunity and vigilante justice. It also
makes coexistence more difficult by exacerbating intercommunal relations,
particularly when false or exaggerated allegations pass as fact.
- Economic Development Support
In the months following the signing of the Lusaka cease-fire agreement, the
provision of fast-disbursing development and investment resources will be
critical, especially for the rehabilitation of the Kivu economy. If it is
difficult to generate development funds, greater flexibility in the use of
humanitarian aid for development purposes would go part way toward filling the
gap. For the United States, the Office of Transition Initiatives, the Office of
Foreign Disaster Assistance, Economic Support Funds, and Pentagon drawdown funds
will be important sources of support, in addition to regular development
assistance. The U.S. Congress must make more funds available for consolidating
Central African peace, because in the zero-sum game of foreign aid, increases
for the DRC mean decreases for the Nigerian transition or other pressing
priorities.
Throughout the DRC, there is a pressing need to begin the process of
constructing a viable road network. At the most micro level, supporting local
labor to build village roads will increase profits going to farmers by reducing
the need for middlemen. Roads will connect people and help in the process of
reunifying the country.
Economic assistance should be part of the package of incentives used to lure
Rwandan militia fighting in the Congo back to Rwanda. Increased resources should
be targeted to northwest Rwanda to consolidate the progress made in breaking the
insurgency during the last year and to prepare local communities for the
reintegration of ex-militia not accused of genocide. This reintegration would
entail an extensive demobilization strategy. The population must perceive quick
economic benefits from the successful campaign against the ex-FAR/Interahamwe.
This is a critical part of the strategy of separating hard-core genocidaires
from others--civilian and military--who could return and reintegrate into
Rwandan society but fear revenge attacks or a presumption of guilt.
In eastern Congo, development and humanitarian initiatives should endeavor to
create opportunities for neighboring communities to cooperate and mix for
economic and social reasons. Ethnic isolation should be countered through
support for markets, regional schools and other initiatives in a common-areas
strategy. Resources also should be used to support alternative livelihoods for
those who otherwise perceive their best option to be joining a Mai-Mai unit.
Regionally, during the Lusaka agreement implementation period, concerted efforts
should be made to advance regional economic planning, bringing together
governments in the region to jointly consider initiatives to draw foreign
investment, develop infrastructure, and promote trade in the region. Commercial
and developmental activities that bring mutual benefits will increase the shared
stake in stability and promote collective efforts to protect peace and security.
For example, Uganda has long advocated the construction of the Beni-Kisangani
highway to link the Atlantic and Indian Oceans.
- Enhancing Security
The Lusaka agreement acknowledges that all states have a collective obligation
to fight against and break ties with genocidaires. Rwanda believes this
agreement will provide the necessary international legitimacy to its efforts to
counter genocidaires, wherever they are. It also legitimizes Uganda's battles
against Sudan-supported militias, Angola's pursuit of UNITA, and Burundi's
efforts to contain cross-border rebel attacks. Lusaka can become a means of
increased pressure on the FDD and Palipehutu to negotiate, the ex
-FAR/Interahamwe to return home, the ADF to disband, and UNITA to find
alternative havens.
In short, formalizing the regional security framework that neighboring states
informally shared before this latest Congolese conflict would reunify the region
around a common platform against the non-state actors that undermine the Congo's
territorial integrity. In advance of the Lusaka agreement, the United States
played a particularly important behind-the-scenes role on this issue.
The eastern allies fear that the Congolese and Zimbabwean governments will not
contribute to the collective task of tracking and disarming the ex
-FAR/Interahamwe, given that the two governments are accused of training,
equipping, and fighting alongside these forces. In an encouraging sign, a high
-ranking Zimbabwean military official told us, "If this war is to end, we have
to surrender these people to Rwanda and Uganda." But on the other hand, a high
-ranking Congolese military official has said that there are no ex
-FAR/Interahamwe fighting with Congolese armed forces - a position that defies
the evidence, may enable these militia to disengage and escape more easily, and
makes implementing the Lusaka agreement more difficult.
For their part, the Congolese government and its allies do not believe that
the Ugandan and Rwandan governments are sincere about ending their effort to
unseat President Kabila. The international community must step up its efforts to
build bridges between the belligerents, especially in the early stages of peace
agreement implementation.
The JMC is the key to the success of the entire cease-fire and subsequent
peace consolidation. It must identify, assemble, register, and disarm nonstate
militias. Doing so requires a rupture of the militias' current tactical
alliances with the Congolese and Zimbabwean governments, and their separation
from civilian populations traveling with them and often used as human shields.
To succeed, international support for the mission will have to be robust:
helping to plan for the logistical needs of the JMC; providing transport and
communication support to the observers and JMC units; supporting the creation of
an intelligence and information net; creating a mechanism to quarter and
transfer militia that are captured or surrender, and providing the resources
necessary to make it work; and supporting the reintegration in Rwanda of
combatants (into the army or civilian life) not accused of genocide. In
Operation Joint Endeavor, the North Atlantic Treaty Organization peace
enforcement mission in Bosnia,
the well-resourced JMC process was considered to be a vital mechanism for
ensuring compliance with the peace agreement. The United States should sponsor
the eventual UN Security Council resolution that would
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