SUMMARY:
EDITORIAL
1. ELECTION PROCESS
– Submission of presidential and legislative elections candidate applications
– Pre-election violence in Kinshasa
2. KIVU
– Fear of a Rwandan invasion
– Possible repercussions on Kivu from Paul Kagame’s visit to Paris
3. JUSTICE
– Draft bill to establish a specialised mixed court
EDITORIAL
The voting process is evolving unevenly. The elections of November 2011 do not seem to be reassuring anyone. All elements have come together for a potential downfall before the fateful date of the 28th of November 2011. The verbal escalation has intensified and it has become worrying with violence such as repressed demonstrations, beaten journalists, political party offices burnt down and deaths.
The tension is fierce and the atmosphere poisonous. There is the risk that this could spread to the entire nation. All well-informed observers insist that the heart of the problem is the Congolese politicians. Politicians from all political parties seem to ignore the basics of the electoral process. As much as they cheered the rise to democracy, they are rooted in political intolerance. Is this an aberration or a lack of common sense? Are they haunted by their dictatorial past which was dominated by a unique way of thinking? Everything leads us to think so, as it is absurd to accept the democratic system and yet to be grounded in political intolerance.
Respecting the rules of the game is the key to successfully leading a peaceful electoral process. Minimal consensus amongst the significant political actors of the electoral process is likely to spare the nation another round of violence. Recording violence during this pre-election stage is already a negative sign for the future. The elections must be kept absolutely under control so that the country does not fall back into an unstoppable chain of illegitimacy and endless transitions full of negotiations and “fair and equal power sharing”.
Violence breeds more violence. Having suffered millions of deaths, the country does not need any more of it. One more death will be one too many in ensuring that free, democratic and transparent elections are held.
If all political actors were to adhere to the Code of Good Conduct, they would face their responsibilities and proudly refrain from any selfish behaviour that would add fuel to the fire.
Political and civic education of activists is primarily the responsibility of both the majority and opposition political parties. Provoking the authority to make a misstep is like a double-edged sword, for everything always depends on the ability to control the situation before it becomes uncontrollable.
The call for appeasement by all parties must be understood and followed. It is futile to set light to the building. To achieve this, everyone must respect the rules of the game.
1. ELECTION PROCESS
On the 18th of August, the African Association for the Defence of Human Rights (ASADHO) caught the attention of the Independent National Electoral Commission (CENI) with regards to dual nationality.
Jean-Claude Katende, the National President of this NGO, asked the CENI to reject all Congolese applications for dual nationality. Jean-Claude Katende confirmed that the moment someone acquires foreign nationality, they lose their Congolese nationality.
According to the terms of Article 10 of the Constitution of the Democratic Republic of Congo, Congolese nationality is one and exclusive and it cannot be held together with any other nationality, highlighting therefore that each person holding a foreign nationality cannot be eligible in the DRC. The ASADHO took this opportunity to recall that in 2007, the National Assembly had postponed the examination regarding the question of dual nationality in order to permit members of parliament holding foreign nationality to sort out their situation by renouncing it.
Given that no appropriate measures were taken to rectify this question of nationality and in order to prevent foreign nationals from participating in future presidential and legislative elections, the ASADHO recommended that the Independent National Electoral Commission should inspect the application forms that are submitted to them, particularly with regard to the question of nationality.
On the 24th of August, twenty four opposition parties, members of the Sacred Union for Alternation (USA), the Union for the Nation (UN) and other political groups, particularly the Tshisekedi President Dynamic (DTP) and Soutien à Etienne Tshisekedi, appointed Etienne Tshisekedi as single common candidate of the opposition in the 2011 presidential election. The decision was made in Kinshasa, during a meeting at the Our Lady of Fatima parish.
Approximately twenty political party representatives attended the opposition meeting. In principle they had to assess the Independent National Electoral Commission (CENI)’s answers to the opposition regarding the complaints made against the revision of the electoral roll.
Certain opposition parties, particularly Jean-Pierre Bemba Gombo’s MLC (Movement for the Liberation of Congo), Vital Kamerhe’s UNC (Union for the Congolese Nation), Léon Kengo wa Dondo’s UFC (Union of Forces for Change) and Oscar Kashala’s UREC (Union for the Rebuilding of Congo) boycotted this meeting as they did not agree with the agenda. According to them, before raising the issue regarding joint bid for presidency in 2011, they should have analysed the responses from CENI regarding the opposition’s preamble before proceeding to sign the Code of Conduct. They also thought that the opposition should work together around a common agenda and identify the person who would best portray the ideals of the opposition for presidency in 2011.
Given that the Senators would be in an emergency session until the 4th of September and the deadline for submission of applications was the 5th of September, they unanimously adopted a motion on the 25th of August, requesting the CENI to extend the deadline to the 15th of September for submission of applications for the presidential and legislative elections scheduled for the 28th of November 2011. According to them, the CENI office and its President did not take into account any administrative, technical, logistical and transport constraints when rearranging dates for filing and processing applications from the 18th of August until the 5th of September 2011.
On the 26th of August, following the late publication of the law on the distribution of seats per constituency, the decrease in air traffic and the isolation of certain electoral districts, the Independent National Electoral Commission (CENI) took some steps to facilitate the filing of applications:
– Candidates who are unable to submit their applications in the office responsible for processing candidate applications (BRTC) located in electoral districts may do so in the BRTC located in the provincial executive secretariats (SEP) of the CENI from Friday the 26th of August, at the capitals of provinces. Thus, all elected representatives of the different provinces located in Kinshasa can submit their applications at the BRTC located on Boulevard de 30 juin and they will be registered as they would be in their respective provinces.
– Candidates who are unable to pay the security deposit in their constituencies may do so in Kinshasa and in the capitals of their provinces and submit evidence at the provincial executive secretariat or at the BRTC located at 134 Boulevard de 30 juin in Kinshasa/Gombe;
– The period to add, remove or substitute candidates, scheduled for the 7th to the 11th of September 2011, is also open for submission of candidates’ applications.
On the 1st of September, the vice president of CENI, Jacques Djoli, reassured that “the Opposition will have access to the electoral roll as will the entire Congolese nation, because the law requires the CENI to publish this list 30 days prior to the start of the electoral campaign”. According to the electoral calendar, this should be the 28th of September 2011! However, the Opposition wanted to access the central server before the electoral roll is processed and eventually posted.
In his response to the ten heads of the political opposition on the 21st of August 2011, the CENI president Daniel Ngoy Mulunda stated, “the CENI reiterates its request in its previous response, calling for the Opposition and the Majority to designate two computer experts who can contact the management of the National Treatment Centre to clarify issues relating to the use of the central server and other related applications. The CENI also invites the five leaders of the Opposition and five members of the Majority to inspect the National Treatment Centre and transmission facilities of data by VSAT to ensure the functionality of these tools ».
However, despite the fact that the CENI “reiterates its willingness to work with all political parties, key stakeholders in the electoral process”, Daniel Ngoy Mulunda reconfirmed “the need to safeguard the independence of the CENI, as affirmed by Article 211 of the Constitution”.
Indeed, Article 7 of the Organic Law of the 28th of July 2010 regarding its organisation and operation states, “in carrying out its mission, the CENI has independence of action in comparison to other organisations. Nevertheless it benefits from their collaboration”.
The CENI wanted some answers regarding the alleged disappearance of some CDs, and consequently the loss of a number of voters. The CENI reporter stated, “some media reported the loss of CDs from certain registration kits and thus the loss of data of some voters. The CENI stipulates that when the electoral roll was being revised, security measures appropriate to operations of this magnitude were implemented. In fact, along with its internal hard drive, each registration kit was fitted with an external hard drive. Each kit should have burned two CDs a day, two CDs a week, five final CDs out of which there should be two FA CDs and three FB CDs. In addition, when this material is illegible or lost, the CENI uses the F01 forms, instead of the corresponding album list or kit. There is therefore no possibility of losing voter data”.
On the 1st of September, activists of the Union for Democracy and Social Progress (UDPS) staged a march to demand transparency of the electoral process. The UDPS intended to file a memorandum to the CENI requesting an audit of the electoral register, access to the server for the electoral roll and mapping of polling stations. According to Jacquemin Shabani, the ETwM coalition wanted to know the future voters (electoral lists, identity of voters), their location (electoral map, addresses of polling stations), how many of them there were, etc. In Kinshasa and Mbuji-Mayi, protesters did not arrive at their destination. They met on the road barriers put up by the Congolese national police. In Kinshasa, the protest which started mid-morning at the UDPS headquarters was stopped early in the afternoon by the police, when thousands of protesters arrived at the Independent National Electoral Commission (CENI), in the district of Gombe. According to several witnesses, many protesters used stones and Molotov cocktails. There was a frontal impact, which disturbed traffic and paralysed all business activities in the city centre. For more than two hours, there was a real commotion between the UDPS and police, who did not hesitate to use tear gas before firing live ammunition into the air in order to disperse the protesters when they were overwhelmed. Mr Jacquemin Shabani, spokesperson for the UDPS reported injuries and arrests without further clarification, as well the use of live rounds by police. The UDPS announced another march on the 8th of September.
On the 5th of September, the president of the Union for Democracy and Social Progress (UDPS), Etienne Tshisekedi, submitted his application for the presidential election at the office responsible for processing candidate applications (BRTC), at the national headquarters of the Independent National Electoral Commision (CENI) in Kinshasa. Thousands of UDPS activists and those of other political parties accompanied him. With regards to negotiations with other parties on the issue of single or joint application, Etienne Tshisekedi formally stated, “this debate is finally closed”. The president of the UDPS stated that he respected the point of view of political parties that showed reservations about his candidacy, adding that it put an end to the process of consulting with other parties. There would therefore not be any single-candidate applications from the opposition.
In the evening, one of the offices of the People’s Party for Reconstruction and Democracy (PPRD), the ruling party, was ransacked on Boulevard Sendwe, in the municipality of Kalamu. The action was allegedly taken by the UDPS “fighters”. The incident occurred when the procession of Etienne Tshisekedi and his supporters returned to the office of his party, located on 10ième rue Limete. Witnesses state that there were insults on both sides. The police are said to have intervened in order to disperse the UDPS demonstrators.
During the night the UDPS headquarters on 10th street Limete was ransacked, probably in response to these incidents. According to the Secretary General of the UDPS, Jacquemain Shabani Lukoo, “the operation was conducted by members of the presidential guard and agents of the National Intelligence Agency”. A source claims that UDPS experts were able to follow the conversations in the network of “departmental walkie talkies”. The Radio Lisanga télévision (RLTV) headquarters, owned by Roger Lumbala of the Congolese Rally for Democracy/National, which supports Etienne Tshisekedi’s candidacy, was also burned.
On the 6th of September, a UDPS activist was killed and at least three others were injured in Kinshasa during a rally dispersed by the police. According to counsel Serge Mayamba, secretary of the UDPS, in the morning police fired tear gas close to the UDPS headquarters, situated in the Limete district, “in order to disperse young activists who turned up after being informed that the party’s headquarters was vandalised”, during the night. It is unclear who fired the bullets. Members of the UDPS Youth League accused violent offenders called ‘Pomba’ of shooting, while others have put the blame on police. These ‘Pomba’ are said to be unemployed youths who practice karate and judo, reacting to some of the anti-riot police. “There was no reason to disperse these youths who were not doing anything, and who were not demonstrating”, said Ms Mayamba. According to Interior Minister Adolphe Lumanu, the UDPS headquarters were “vandalised” by “uncivilised people”. According to minister Lumanu, the UDPS was vandalised “in response” to “acts of vandalism perpetrated by UDPS activists” in the People’s Party for Reconstruction and Democracy (PPRD) offices; he was referring to an incident where twelve people were “seriously injured” and six vehicles torched. Minister Adolphe Lumanu denounced “a strategy to prepare for an uprising called for by some politicians”, in which “the CENI has become the scapegoat of choice”.
For several weeks, the UDPS regularly protested outside the Electoral Commission (CENI) in order to expose the many irregularities in the current electoral process. The opposition party was calling for more transparency and access to files and servers to prevent fraud. All of these demonstrations were violently repressed by the police. The UDPS planned another march in Kinshasa on the 8th of September in Kinshasa outside the CENI, who it accuses of a “lack of transparency”. The PPRD confirmed a “peaceful march” by its young activists the same day, outside the UDPS headquarters, “to say no to violence and yes to peaceful elections”.
On the 7th of September, the provincial government of Kinshasa banned all political demonstrations (whether marches or sit-ins) on public roads until Sunday the 11th of September.
In a statement, the governor of Kinshasa, André Kimbuta, said that this period was exclusively devoted to submitting applications to the office responsible for processing candidate applications (BRTC). According to the same document, the aim of this measure was to allow these operations to take place peacefully, in order to promote a peaceful social climate during the electoral process.
The Union for Democracy and Social Progress (UDPS, opposition) and the People’s Party for Reconstruction and Democracy (PPRD, in power), who had planned two marches on the 8th of September, said they would respect the ban.
The Archbishop of Kinshasa, the Delegation of the European Union, the UN Mission and the US Ambassador in the DRC called for politicians to be calm.
Cardinal Laurent Monsengwo Pasinya told the press, “we encourage each other, not only to respect the law, but also to keep cool, to avoid unnecessary provocations and to keep calm and exercise restraint “. Cardinal Laurent Monsengwo believes that “elections are not a fight or a war whereby weapons should be sharpened, but rather an operation whereby citizens choose their national representatives on the basis of a programme that is capable of rebuilding and developing a country”.
The Delegation of the EU and the EU Member States represented in the DRC also called for each politician to “take up his share of responsibility for free, fair, democratic and peaceful elections and to not resort to violence”.
The US Ambassador in Kinshasa, James Entwistle, also called political leaders to a “peaceful, calm and friendly” campaign and the UN Mission (MONUSCO) requested them to “do everything in their power to avoid any action that could jeopardise the success of these elections”.
On the 7th of September, Vital Kamerhe and Nzanga Mobutu applied for the presidential election at the office responsible for processing candidate applications (BRTC). They were accompanied by activists from their respective political parties, the Union for the Congolese Nation (UNC) and the Union of Mobutist Democrats (UDEMO).
Moreover, Nzanga Mobutu stated that the UDEMO is already in discussion with other political parties of the opposition to form a future majority. He said, “we have already considered future agreements but the people will decide. And this time we will decide with whom we make these alliances”.
In his speech outside the CENI, Vital Kamerhe said that he had “repeatedly tried to get closer” to Étienne Tshisekedi. And despite the refusal of the UDPS candidate, Vital Kamerhe pledged to “continue these efforts until the end of talks”. Vital Kamerhe also intended to continue discussions with his two partners, Jean-Pierre Bemba from the MLC and Léon Kengo from the UFC, with whom he signed a joint program of opposition; partners who had not yet decided on their own candidacy. The President of the UNC also started talks with two other declared candidates, Nzanga Mobutu (UDEMO) who had already applied, and Mbusa Nyamwisi, president of the RCD-KML. Vital Kamerhe did not therefore close any future alliances. He confirmed that despite the differences of view, the opposition parties could still find a compromise. He announced that he would continue to have discussions with the other opposition parties to find a common candidate.
On the 8th of September, the National Independent Electoral Commission (CENI) organised a forum with political parties at the Palais du Peuple in Kinshasa. They particularly talked about the development of the electoral process and signing the Code of Conduct.
Several political parties, the PPRD and MLC amongst others, signed the Code of Conduct. But the opposition parties who support the candidacy of Etienne Tshisekedi for the presidential election affected their signature by taking into account their preconditions. They asked the CENI to involve the opposition in the management of the central server and in the audit of the electoral roll. The president of the CENI, Daniel Ngoyi Mulunda, stated that the CENI accepted that the opposition may designate technicians to work together with the CENI technicians. With regards to the CENI audit, he said that it is the responsibility of the government. In addition, he confirmed that his institution was independent from the majority and the opposition.
On the 10th of September, Léon Kengo Wa Dondo, national president of the Union of Forces for Change (UFC) and current President of the Senate, submitted his application for candidacy at the BRTC/Gombe of CENI in Kinshasa.
On the 11th of September, outgoing President Joseph Kabila Kabange submitted his application for candidacy at the BRTC of the CENI in Kinshasa. Thousands of activists from the Presidential Majority accompanied him to the BRTC, located on Boulevard du 30 juin, Place Royale. Although he was invested as the sole candidate of the PPRD and of the whole Presidential Majority in the November 2011 presidential election, he was registered “independently”, like in 2006; one way of indicating that he would not wish to be hostage to any political party.
On the 15th of September, in Kinshasa, the CENI published the provisional list of candidates in the presidential election scheduled for the 28th of November 2011. The office of the CENI declared that the eleven applications submitted were admitted. Successful applicants were:
Jean Andeka Djamba (ANCC)
Etienne Tshisekedi (UDPS)
François Joseph Nzanga Mobutu (Udemo)
Vital Kamerhe (UNC)
Kengo wa dondo (UFC)
Nicephore Kakese (URDC)
Joseph Kabila (Independent)
Oscar Kashala(UREC)
Antipas Mbusa Nyamwisi (Independent)
Adam Bombole (Independent)
Josué Alex Mukendi Kamama (Independent)
The CENI reminded candidates who had submitted applications that were not selected in the presidential election that the period of appeal was scheduled for the 16th to the 19th of September. Appeals for nominations should be submitted to the Supreme Court of Justice (CSJ).
According to the President of the CENI, Daniel Ngoyi Mulunda, the CENI received seven thousand two hundred applications for members of parliament.
In 2006, the former IEC recorded 33 applications for the presidential elections. How can the total lack of applications this time be explained?
There are several causes at the root of this situation. The first follows from the fact that many political parties learnt some lessons from the 2006 elections. Rather than aiming high, some preferred to be realistic by lowering their ambitions. They opted for legislative, provincial or local elections. The second cause can be attributed to the deposit to be paid. Some candidates believe that this amount of USD 50,000 (fifty thousand dollars) is extortionate, especially as it is not refundable. The third explanation relates to electoral strategy and tactics of political parties as well as platforms. They have pledged to raise the possible chances, by imposing some discipline to avoid scattering the votes. Given that the elections are only one round, it is prudent and wise to rely on potential candidates. Those who are likely to raise crowds and get the necessary votes for the party or platform to win the elections.
On the 16th of September, the CENI reporter, Matthieu Mpita, announced that the CENI had received the list of names proposed by the opposition to audit the electoral roll, which was suspected to contain serious irregularities, particularly in recruiting minors, the police, the army, foreigners, etc. and that they were just waiting for the list from the majority party. They were Jean-Lucien Busa, Martin Fayulu and Valentin Mubake, three well-known personalities in the Congolese political world. With regard to the names proposed by the opposition, observers were questioning the choice of people with very pronounced political accents. Given the technical nature of the exercise requested by the opposition, this principally requires the presence of computer experts, just as the CENI had already demanded from the opposition and the majority.
The reporter also made a point about the progress of the process. Out of 58 forms that were counted for the presidential election, 11 were recorded and filed properly.
2. KIVU
Eastern Congo is filled with a kind of fear of a Rwandan invasion. Several residents of the eastern part of DRC no longer hide their fears regarding what they consider to be a plan for the Rwandan consecration of hegemony in their region.
The situation is similar in the South Kivu province of Ituri, via the North Kivu province. Tongues are loosened to show the control the Rwandan subjects have over the Congolese army. Several sources claim that several FARDC units are commanded by Rwandan subjects. They play a leading role, or they are second-in-command with more power. Added to this is the fact that former CNDP soldiers, mostly Rwandan, are only deployed in Kivu. The relationship between the FARDC nationals from other Congolese social strata and former CNDP soldiers is still not good. The former claims that the latter has more advantages than them.
This state of affairs leaves room for the public to form different interpretations. Whilst there are those that believe that Rwanda should be allowed to have a say in some areas of eastern DRC, there are others who believe that these Rwandan soldiers are in eastern DRC to identify any possible challenges to the elections, as the CNDP is a member of the Presidential Majority. Extremists go as far as to believe that this is part of a possible plan to balkanise Congo. The Rwandan military are said to have caused murder, kidnapping and other abuses in the Beni-Lubero region.
Congolese leaders should have worked to dissipate this compulsive fear of war due to this Rwandan hegemony, a fear which is spreading to more and more people in eastern DRC. It is a known fact that the Kivu regions are characterised by a kind of hegemonic struggle between the Rwandans and non-Rwandans. Some resistance from the Mayi-Mayi against rebellions that took place in eastern Congo was primarily to block the road from Rwandan hegemony. It is a fact known to all.
Many people have never digested the fact that the government gave in to the demands of the CNDP to deploy the army only in Kivu. Since the Congolese national army was integrated in the FARDC, the former CNDP should have also been deployed to other provinces of the DRC. In any case, this fear will certainly affect the choice of Kivu residents in the next elections.
On the 12th of September, a rumour circulated around Bukavu (South Kivu) that some FARDC soldiers were planning an uprising. Some Bukavu residents did not go about their day-to-day activities as a result of this rumour. Parents did not send their children to school. According to Colonel Delphin Kahimbi, head of military operations Amani Leo, some frustrated officers wanted to poison the population. However, he did not specify the motives of this frustration and dealt with the “culprits” of this rumour.
According to Charles Mampasu, the information received describes the genesis and the current situation as follows:
– Amani operations and others are piloted by Banyamulenge officers and/or Rwandans who are better equipped with higher paid men;
– The rest of the FARDC soldiers live in poverty;
– The Saio military camp, which is almost fully constructed and which will be the best camp built in the South Kivu province, is packed with a large number of Congolese soldiers who do not speak Kinyarwanda;
– As the construction of the camp draws to an end, the military that once lived in this camp in inhumane conditions were informed that their Rwandan counterparts shall occupy the houses built on the site. This provoked a series of protests. Soldiers sharpened their weapons and were ready to battle with the so-called new tenants of the new finished houses.
– The men in the street are intimidating and slandering certain soldiers who are less popular in the town (former CNDP) who say that if the Rais is not re-elected, there will be war in Kivu. The people of North Kivu are also surprised to see that all CNDP soldiers who refused to be transferred were discharged to the police.
– In Kivu, appointments to the commandment post are not popular because a group of former rebels are granted the largest share.
On the 15th of September, the soldiers, most of whom were discontent with their grade in former armed groups, organised demonstrations in regiment training centres in Kalehe and Kaniola (South Kivu). They refused biometric cards issued by the National Commission of the FARDC, on the grounds that that they would be assigned lower grades. A Radio Okapi reader made the following comment, “What is not spoken about is injustice. Former FRF and CNDP soldiers choose their grades while ex-Mai Mai fighters are degraded. And all this comes with minimisation, while a real mutiny is on hold. And all of a sudden after Bukavu, there is Kalehe and Kaniola. But according to officials, this is just a rumour”.
The situation in Eastern Congo, particularly in both Kivus, may prevent elections from being conducted normally in this part of the country. In the last few weeks, there has been increasingly growing insecurity in the region. The alarm has been sounded by the Civil Society of Kivu who has announced a military uprising in Bukavu. Almost simultaneously, humanitarian organisations have decided to withdraw from Lubero and Walikale areas, again due to this insecurity. Abductions of people have been reported every week, forcing people to move continuously. On the Kalehe-Kanyola road, the FARDC soldiers demanded recognition of their grades and refused biometric cards as they do not take into account grades already recognised by the military hierarchy. This dissatisfaction adds to the fear that sweeps over the people of Kivu every day, still because of resistant armed groups.
This situation represents a real handicap to the conduct of elections. Two months into elections, Kivu once again confirmed the vulnerability of the Democratic Republic of Congo. The East risks a real blow to the conduct of elections as danger is real and threat is high. The Kivu provinces have a significant number of voters. Consequently, a greater number of seats are reserved for members of parliament. Thus, the Kivu provinces are an integral part of the elections in the DRC. This would question everything, even the very existence of the DRC. Above all, in this case one round of presidential elections is filled with legislation. Therefore urgent and consistent measures must be taken to guarantee security in optimal conditions in order to reassure people.
The disaffection between Kabila Kabange and the population of Eastern Congo, particularly that of former Kivu, is an open secret despite a few greedy leaders23 allying with the outgoing president. Joseph Kabila therefore has reason to worry especially because it is the former population of Kivu that would have trusted him in the 2006 elections with a score of more than 90% in the Soviet under the pretext that his designated successor LD Kabila would be the peacemaker in the country and region.
Modeste Bahati Lukwebo, one of the greatest Kabila supporters, was welcomed back from Bukavu by Kabila Kabange in Kinshasa, who had the courage to tell him about the disaffection people felt against him in the East. And for good reason, that is, the non-visibility of five projects including no water, no electricity, no roads.
The other accusation that Kivutians make against Kabila is the daily insecurity by political and military authorities from Kinshasa, accused of using Interhamwe to make money by exploiting the mines (particularly gold and coltan).
For the population of Kivu, Kabila is committed to being responsible, because by not paying police and other soldiers, they took control of the mines to exploit coltan and gold and to bring death and destruction. The soldiers who do not go to the mines distinguish themselves with rape and looting because the sale of it is diverted by senior officers from Kinshasa where impunity is guaranteed.
The disaffection between Kabila and Kivutians is also because of the appointment of CNDP officers in charge of all troops from Kalemie to Aru. However, with good reason, these officers are considered criminals by people.
According to the population of Kivu, most CNDP officers appointed by Kabila as head of troops are Rwandan citizens . And this is something Kivutians do not accept at all.
For every reaction, Kabila has said, “but Chishambo (NDRL governor of South Kivu) did not tell me anything about all this”. Translation: the governor of South Kivu always tells me that all is well.
What do we do now that Bahati Lukwebo has revealed the hidden truth? The first proposal made to Kabila by Bahati himself is to start to deploy the CNDP officers, by sending them to other provinces such as Kasai. The recalcitrant should be punished.
The Rwandan president hopes to make a good deal with France. Curiously, given the scarcity of natural resources in Rwanda, it is obvious that Paul Kagame has his eyes on Congolese borders.
During his recent visit to Nicolas Sarkozy’s country from the 11th to the13th of September, Paul Kagame told French traders, “Rwanda is ready for business, there will be opportunities in all sectors, from agriculture to mining, from telecommunication to infrastructure, etc. The private sector in Rwanda is the backbone of our economy. An economy that is open to all, without any restrictions”. This was clearly President Kagame’s invitation to managers of French companies that he met during his visit. This information was reported in detail by the Rwandan government’s daily “New Times”.
However, which minerals does Rwanda plan to trade with France? Coltan? Gold? Statistics show that this country cannot offer much in the minerals industry without sourcing from DRC. Does this mean that Rwanda will act as an agent? If this is the case, it is unrealistic to go through their neighbouring country to gain access to the resources in DRC, as Rwanda does not have rights to resources found on Congolese soil.
French traders who wish to source these different minerals are advised to go directly to the Congolese government. Passing through Rwanda would increase insecurity. As a result, the instigator, France, would also have a huge responsibility and they would make Congolese people do their dirty work. After over 6 million deaths, the Congolese are put off the idea of seeing business between Rwanda and France being revived by way of Congolese mineral trade.
It is deplorable that the reconciliation between France and Rwanda is obviously due to Congo’s lack of interest. Although the war of predation that has been going on since 1996 is still going on in more subtle ways, the Great Lake States should still cooperate on a clearly defined basis, rather than having all kinds of schemes.
There is extreme fear of another war.
The question regarding where President Kagame will find arable land to offer to France for agricultural production must be raised. It is well known that Rwanda does not have enough space to even accommodate its own population. Where will it suddenly find enough to make an agricultural deal with France? In this situation, the echoes from the East are no longer reassuring especially since it is reported that a massive Rwandan population has been moved to Congolese land.
Meetings between Paul Kagame and President Nicolas Sarkozy and CEOs have been criticised by human rights and freedom defenders, as they outlined the authoritative methods Kagame uses in his country, which have claimed that his troops are responsible for crime and abuse, both in Rwanda and the Democratic Republic of Congo. Some organisations have commented that in the name of economic interest, France has turned a blind eye to many dark chapters of the past marked by abuse and crime.
Selling Congolese minerals and arable land without the real involvement of the Congolese could be detrimental to peace in the African Great Lakes sub-region.
Claims made by the Rwandan president could appear to be a transaction between two sovereign states Rwanda and France. However this is not the case in that resources are mainly in the DRC.
According to certain lucid Congolese observers, the surprising statement made by the French president to diplomats in Paris regarding Rwanda and the DRC is still fresh in their memory, “violence has been unleashed again in the Great Lakes region. This calls into question the future of Rwanda, a demographically dynamic country with a small area. This raises the question of the Democratic Republic of Congo, a country with vast area and strange organisation of its rich borders. At some point, talks need to be conducted, not cyclical talks but structural talks: how can space be shared, wealth be shared and how can we accept to understand that geography has its laws, that countries rarely move and that we must learn to live next to each other?” Question: is this not already the implementation of Plan Sarkozy?
3. JUSTICE
On the 22nd of August, Congolese senators met in a special session to dismiss the government’s legal plan to set up a specialised mixed court to judge international crimes committed in Congo since 1990. They emphasised that the sovereignty of Congo would be undermined by the presence of international personnel and budget issues, preferring to emphasise the exclusive jurisdiction of international courts.
On the 23rd of August, the FIDH reiterated its call for the establishment of an effective, impartial and transparent court in order to fight against impunity. The FIDH and its members in the DRC, the ASADHO, the Lotus Group and the League of Voters deeply regretted this decision and recalled the importance of establishing a specific mechanism to fight against the impunity of the most serious crimes committed in the DRC.
Sidiki Kaba, Honorary President of the FIDH said, “the bill before the Senate on the 2nd of August 2011 was the result of many discussions and regular consultations between the Congolese authorities, national and international civil society and potential donors. It proposed to fill the gaps in a Congolese law that is incapable of effectively fighting against the impunity of international crimes in an International Criminal Court only competent in more serious crimes committed after 2002. The decision by the Senate is a serious obstacle to the joint efforts to respond to the rights of victims to justice, in accordance with international conventions of human rights ratified by the DRC”
The FIDH and its member organisations in the DRC who are firmly keen on establishing a specialised mixed court called for the government to review its legislation in accordance with the recommendations of their position report in order to guarantee the conditions necessary for an effective, impartial and transparent court. The FIDH and its organisation members in the DRC also called for the government to include this new style to the parliamentary agenda at the next regular session in September, the last one before the legislative elections, and to also launch an awareness campaign amongst the general public and Congolese political parties, on the importance of such a mechanism.
The National Coalition for the International Criminal Court of the Democratic Republic of Congo (CN-CPI/RDC) expressed total disapproval following the release of the bill by Parliament on the 22nd of August, which creates a specialised mixed court. According to Désiré-Israël Kazadi, spokesperson of the CN-CPI/RDC, the work of the specialised court would complement that of the ICC, especially as it would include crimes committed after 2002, the ICC could pursue a very limited number of people. He adds that the United Nations Mapping Project Report published in 2010 reflects the seriousness and scale of abuse committed in the DRC, as well as the need for these to be punished.
Désiré Kazadi explained that the “mixed” character of such a court grants a temporary presence of international judges, that is to say, limited in time in order to accompany the ongoing judicial reform, whilst allowing the Congolese courts to bring justice.
This foreign element, through the presence of international lawyers, would aim to strengthen the independence of judges and avoid political interference or military commands that could happen, says his spokesperson.
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This English translation has been possible thanks to the project Mondo Lingua: Free translation of websites for NGOs and non-profit-making organisations. A project managed by Mondo Services. Translator: Nishma Shah – link (http://www.mondo-lingua.org/)
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