UN & Conflict Monitor, Autumn 1999: Commentary

The Commentary in this edition features two related briefings by the Forum on Early Warning and Early Response (FEWER). The briefings analyse the recent peace agreement (the Lusaka Peace Agreement) ending the war in the Democratic Republic of the Congo (DRC) in relation to civil society perspectives and citizenship, respectively.

FEWER is a global partnership of non-governmental organisations, think tanks and UN agencies which aims to develop a system of early warning and effective response to help prevent, resolve or mitigate violent conflicts and civil wars.

1. After Lusaka: Civil Society Perspectives on Consolidating Peace in the Democratic Republic of Congo (DRC)

The Current Situation

Despite the signing of the Lusaka Agreement in July this year, the prospects for peace in the Democratic Republic of Congo (DRC) are frail. The coming into force of the cease-fire agreement on 1 September 1999 has been characterised by an atmosphere of mutual suspicion.

Several accusations regarding violations of the cease-fire agreement have already been issued. The Kinshasa government stands accused of attacking Bokungu on 5September 1999 and Kole on 4 September 1999. Soldiers of the RCD-Goma faction have reportedly been involved in fighting with local militia groups in Kitutu, Muresa and Bitera (Eastern DRC). Relations between Uganda and Rwanda remain strained following fighting between the former allies at Kisangani in August.

The main provisions of the Lusaka agreement can be summarised as follows:

the immediate cessation of hostilities;
the withdrawal of all foreign troops from the national territory of the DRC in accordance with the established calendar;
deployment of a UN Chapter VII peacekeeping force to disarm armed groups, collect weapons from civilians, provide humanitarian assistance, and protect displaced persons and refugees;
the establishment of a Joint Military Commission (JMC) composed of the belligerent parties to investigate cease-fire violations;
the formulation of mechanisms to disarm the identified militias; and
initiate Congolese National Dialogue intended to lead to a "new political dispensation in the DRC".

The signatories to the Lusaka agreement recognise that the DRC conflict has both internal and external dimensions. Intra-state political negotiations and inclusive national talks (National Dialogue) provide a framework within which new political directions can be set for the country. The National Dialogue is scheduled to take place 45 days from the signing of the Lusaka agreement. It will involve a discussion of the "future constitution of the country, democratic elections, formation of a national army and the re-establishment of state administration throughout the DRC."

Civil Society Peace Objectives

Peace needs to be owned by the people of the DRC if it is to be sustainable. The critical issues for civil society in the DRC (prioritised and in sequence) in relation to the dispensation of new political directions can be summarised as follows:

a national reconciliation commission should be established. Justice is a precondition to reconciliation. Human rights abuses should be investigated, and parties to the conflict need to be held accountable for their actions;
a national commission should be established for the resolution of the citizenship question in eastern DRC. Such a commission needs to work closely with grass-roots groups, and build upon existing efforts. The citizenship issue is central to ensuring sustainable peace in Kivu;
the restructuring of governance systems should be based on the principles of the separation of powers, accountability and efficiency;
in the restructuring process, efforts to fight corruption need to be stepped up. This is necessary to ensure that governance systems remain representative and credible, and economic recovery is note hampered;
democratic elections should be held. The elections should be prepared, implemented and monitored by an independent and representative commission. The elections should involve international and regional observers.
there needs to be a mechanism in place to ensure broad civilian involvement and control of the reconstituted national army. The reconstituted army needs to be representative of the population as a whole;
damaged infra-structure needs to be repaired and environmental degradation reversed. The economy also needs to be revitalised. Rwanda and Uganda need to be held accountable for the destruction of the areas occupied. Progressive economic policies need to be implemented to kick-start an economy that has suffered years of mismanagement.

Key Obstacles to Sustainable Peace

The chief obstacles to sustainable peace in the DRC are numerous. As listed below, they each require a thorough assessment to identify appropriate and sustainable solutions:

the proliferation of arms and their widespread availability throughout the region is a continued source of instability and may lead to the emergence of a system of warlordism;
the continued aid embargo against the DRC is leading to the loss of resources and income for the country, causing extreme suffering within the population. Continued economic difficulties and the ongoing humanitarian crises in different parts of the country can easily undermine confidence in any new governance structures;
key political and economic actors are benefiting financially from the conflict. These include individuals in the governments of the DRC, Rwanda and Uganda, as well as multinational mineral/oil companies such (e.g. Anglo-American Corp., De Beers, Executive Outcomes). These individuals/companies should be considered as potential spoilers of the peace process;
the non-inclusion of different Mai-Mai groups in the Lusaka peace process means that they continue their campaign against people of Tutsi origin.

Areas for Action

National Level

Institution of a national commission on reconciliation bringing together all belligerents, including the different Mai-Mai groups, Banyamulenge, former soldiers in Mobutu's and Kabila's armies and traditional chiefs. Reconciliation efforts need to be coupled with the disarmament of the population, as well as economic activities.

Implement research on the citizenship issue and review all related legislative provisions in the DRC since independence. This research should also assess the value and feasibility of a census. A recognised and independent national authority should implement this research. The findings of this research should be implemented rapidly as the resolution of the citizenship issue remains a precondition for peace.

Create an independent and powerful anti-corruption department (e.g. earlier South Africa model) which covers the country as a whole. Sufficient resources need to be allocated to the department to ensure it is able to effectively implement its mandate. The department should also carry out an assessment of the groups that are benefiting or have benefited from the conflict, and locate where profits and funds are stored.

Implement democratic elections in the immediate term. The elections should be prepared, implemented and monitored by an independent and representative commission. The elections should involve international and regional observers.

Implement research on how the reconstituted army should be composed and led (e.g. Patten Report of the RUC/Northern Ireland). The research should be led by a joint civilian and military group, and supported by the JMC.

An independent assessment commission should be set up to establish the extent of damage to the country's infrastructure and environment. Also, the commission should recommend a development programme which can kick-start the economy.

International Community

The Lusaka agreement needs to be supported by the international community. It needs to be complemented by action on the different areas outlined in this document.

The international community should apply pressure on the regional governments, and provide funding, for national peace efforts (reconciliation, citizenship, anti-corruption, reconstitution of the army, economic assessment) as outlined above. Particularly, pressure for national elections in the DRC should be intensified.

The aid embargo on the DRC should be lifted. This is critical to lend credibility and support peace and reconciliation efforts.

Profits made by individuals and companies from the war need to be traced and frozen. These assets should be used as part of the reconstruction efforts.

Disarmament and demobilisation efforts need to be supported. The reintegration of former combatants into society and the economy needs to be prioritised. An arms embargo in the Great Lakes region as a whole should be called for.

A Marshall Plan for the Great Lakes region as a whole should be devised. This needs to involve the adoption of a programme for all-inclusive economic development bringing together communities/countries which have been in conflict.

2. The Citizenship Issue in the DRC

The Current Situation

While the Lusaka Agreement provides the most viable starting point from which to work towards peace in the region, a number of points of critical importance are not adequately addressed in that agreement. There is a pervasive lack of clarity with respect to the historic, regional and internal factors at play in the DRC conflict. A critical issue which remains to be addressed is that of citizenship. The settlement of the citizenship question regarding persons of Rwandan and Burundian origin resident in the Congo is central to the sustainable peace. It is necessary to have a historical and legal understanding of the background to the citizenship question in the Congo in order to garner the full impact of what has been described as the 'crisis of ethnic citizenship'.

The Lusaka Agreement and Citizenship: Legal and Political Context

Lusaka Agreement

The three main provisions in the Lusaka agreement pertaining to the citizenship issue are the following:

"Parties [to the conflict] reaffirm that all ethnic groups and nationalities whose people and territory constituted what became Congo (now DRC) at independence must enjoy equal rights and protection under the law as citizens".
The "normalisation of the situation along the international borders of the DRC".
The "parties commit themselves to the process of locating, identifying, disarming and assembling all members of armed groups in the DRC. Countries of origin of members of the armed groups commit themselves to taking all the necessary measures to facilitate their repatriation….it shall however not apply in the case of suspects of the crime of genocide [italics added]".

Legal Decrees

The legal and political context of these provisions is highly complex. Three legal precedents need to be highlighted:

Ordinance No. 72-002 5 January 1972

The 1972 decree bestowed citizenship upon all who had arrived as refugees in the 1959-60 period as a result of the political turmoil in Rwanda.

29 June 1981 Decree

Only those who could establish that one of their ancestors was a member of one of the tribes established in the territory of the Zaire Republic by 1st August 1885 were classified as Zairean citizens.

Sovereign National Conference Resolution on Citizenship 1991-1992

The "Mission d'Identification de Zairois au Kivu" was launched to determine who was of Zairean nationality.

These precedents show the ambivalence and difficulties in solving the citizenship issue. Politically they are highly charged and there are a number of important issues to consider:

Critical Issues

Contentious questions currently discussed among political groupings in relation to the citizenship issue are around whether:

a)the 1972 Decree should prevail;

b)there should be an affirmation of the 1981 law passed by parliament and confirmed a decade later by the Sovereign National Conference;

c)all who pledge political allegiance exclusively to the Congolese State should be considered Congolese regardless of their parentage, place of birth or duration of stay in Congo.

There are five critical inter-linked issues which may undermine efforts to implement citizenship provisions in the Lusaka agreement.

First, a strong perception of occupation and threat of annexation by Rwanda using the citizenship issue as cover prevails in DRC. The result is a strong anti-Hutu and Tutsi sentiment among the Congolese which complicates the resolution of the citizenship issue.

Second, there is a tension between two systems of land ownership in Kivi. The customary system, which revolves around ethnic identity. And the civil laws which are not tied to ethnicity. The Banyamulenge and Tutsi of Masisi do not have a native authority through which they can access the customary system of land ownership. The fact that legal titles causes resentment and conflict between those Tutsi groups and local populations. This is accentuated by high population density in the region.

Third, the non-inclusion of the Mai-Mai in the Lusaka talks has seen the group sustain its armed campaign against Tutsi Congolese nationals in North and South Kivu. Threats of an attack on Kisangani have been issued by the Mai-Mai following Rwanda-Uganda recent clashes in that city.

Fourth, the normalisation of the border situation between the DRC and Rwanda, in particular, is dependant on the resolution of the citizenship issue in the DRC. Movements across the borders have been largely unregulated, making it difficult to determine who are DRC nationals.

Fifth, no objective criteria are applied to identify those who were among the perpetrators of the Rwanda genocide. To date, people of Hutu origin have been indiscriminately characterised as genocidaires. Despite current Rwandese policy to differentiate between planners and executors of the genocide, human rights concerns remain at a ground level if the implementation if this policy is not mentioned.

Areas for Action

Understanding the Problem

Implement research in the citizenship issue and review all related legislative provisions in the DRC since independence. This research should also assess the value and feasibility of a census. A recognised and independent national authority should implement this research.

Implement research on rights issues relating to the ownership of land. This research should also assess how to harmonise customary and civil laws, approaches to land reform, and identify how to deal with resource scarcity and improvement of land use. Research should be implemented by a national authority, supported by international experts.

Implement research on optimal border management between DRC and Rwanda. This research should identify feasible regulatory mechanisms. A recognised and independent regional or international authority should implement the research.

Short and Medium Term Conflict Prevention Efforts

Reconciliation efforts (particularly in Kivu) should be supported, and coupled with humanitarian and developmental aid to reduce tensions arising from resource scarcity. Local reconciliation efforts specifically require resources.

The Mai-Mai group needs to be included in discussions on the implementation of the Lusaka agreement as well as National Dialogue. These efforts should be geared towards ensuring that the Mai-Mai campaign against people of Tutsi origin is stopped.

Maintain pressure on Rwandese and DRC authorities to ensure that the rule of law, and proper judicial practice prevails. Such practice and emphasis on reconciliation in Rwanda will encourage Hutu groups to return.

Long Term Conflict Prevention Efforts

The development of accountable governance institutions, and democratic processes in the DRC, Rwanda, Burunvdi and Uganda are critical preconditions for peace in the region.