Strides have been made in securing peace and security for the DRC, writes Yav Katshung Joseph ahead of crucial July 30 elections, the first in 40 years. But threats remain to the electoral process from vested interested and rogue militia.

Violence and conflict have plagued the Democratic Republic of Congo (DRC) since its independence from Belgium in 1960. Forty-six years later, could we attempt to say that violence and conflict are no longer the normal state of affairs in the DRC? The DRC has travelled a long and difficult way. It has faced thirty-two years of authoritarian regime with Mobutu, followed by the 1996-1997 war led by Kabila and then the 1998-2003 war, with its international and regional aspects.

While the dynamics of conflict and violence in the DRC are complex, we should recognise that the country has made - with the assistance of the international community - considerable progress in consolidating the peace process. Warring factions signed a peace-accord in 2003 with the “famous” 1 + 4 power sharing formula, with mandate, among others, to organise elections, to promote peace, stability and security and, to integrate the former warring parties into a single national army. At this moment, significant strides have been made in achieving the above mandate, but several threats remain.

Currently in the DRC, there is an overwhelming commitment to peace and security on the part of all the stakeholders, including those who will not be participating in the electoral process such as Etienne Tshisekedi. All stakeholders agree that the Congolese have endured instability and violent conflict for far too long and therefore peace and stability are inevitable for sustainable development, not only for the DRC but for the region and the continent as a whole.

However, there is concern firstly with regard to insecurity in some parts of the country, particularly North and South Kivu as well as Northern Katanga; and secondly with regards the electoral climate, as the transition period that began with the establishment of transitional national institutions in July 2003 is moving towards its conclusion. The elections will lead to the end of the negotiated transition by setting up an elected government. Thirdly, there is concern about the re-integration of the former warring parties (yet to be completed) into a unified national army. There is the existence of armed combatants that are loyal to and under the control of some of the political contestants. In sum, the ghost of violence and conflict continues to haunt the DRC.

Postponed for the third time, the first round of presidential and parliamentary elections is scheduled for 30 July 2006. However, as the DRC prepares for its first nationwide elections in 40 years, several obstacles are undermining prospects for a successful poll. In order words, although necessary for peace following years of brutal warfare, these elections could create more instability. Currently on the ground these are some of the threats:

1. High levels of insecurity and human rights abuse continue in the eastern part of the country and there is a heightened risk of violence in the approach to national elections in July, as well as in the immediate post-election period;

2. Some armed factions appear to favour a continuation of violence as a means of achieving their political and economic objectives ;

3. Some leaders of political parties and presidential candidates are seen to be linked with the area’s bloody past, and therefore, are not willing to give up power;

4. In the unstable eastern Kivu, fearing to lose the elections, some leaders are rousing hatred against their communities or encouraging violence against rival ethnic groups in an attempt to derail the polls;

5. Some opposition groups (round 50 political parties and associations in the DRC) demand political talks to be held before elections.

The army unification process was considered an essential precondition to the staging of national elections. As part of the process of transition, the integration of the various armed factions into the new national military, the Armed Forces of the DRC (FARDC), referred to as brassage, was initiated early in 2005, and was intended to result in the creation of a unified, non-partisan, disciplined and efficient Congolese army that would address internal security problems, including the presence of foreign armed groups. The brassage process is complemented by the disarmament, demobilisation and reintegration programme which aims to demobilise those unfit or unable to join the new army and support their return to civilian life. For children under 18, a special programme has been put in place. However, we should note that, currently, this integration of the army is incomplete. It will (the army unification process) only be partly complete by the time of national elections scheduled for July, posing major questions for the security of the elections.

Moreover, a number of armed groups continue to resist unification, encouraged by leaders who fear losing control of the ethnically-configured armed groups which form the basis of their power. Some political and military leaders continue to show extreme reluctance to dismantle their military structures in favour of a unified national army, because these structures are the foundation of their power. In areas like the Ituri district, the Kivus and Katanga, some of the most notorious groups known for abuses against civilian population still refuse to join the army integration process and the disarmament, demobilization and reintegration programme. (Large parts of Katanga, especially the northern and central areas, are still under the control of various Mai-Mai groups who have remained outside the official disarmament, demobilisation and reintegration programme. On 12 May 2006, however, an important breakthrough was made when Kyungu Mutanga, a Mai-Mai leader also known as Gédéon, operating in Katanga Province, surrendered in Mitwaba. He was accompanied by more than 150 combatants, 76 of whom were children.) These dissident and non-aligned groups constitute a serious threat to stability and may obstruct the electoral process. Also, some communities, manipulated by their leaders, remain deeply suspicious of the army unification process - fearing the loss of protection by local armed groups.

Conclusion

Significant strides have been made in the DRC in achieving peace and security. However, more needs to be done for sustainable peace and security. There is still the danger of wider insecurity present in the country after elections. That is true because it has been established that one third of all civil wars in Africa are restarts. This will impact negatively on the precarious human security situation in the country. But the DRC will see democratic elections being held on 30 July 2006. The hope is to see peace and security prevailing in the country. The people of this country have suffered for far too long.

* Yav Katshung Joseph is a Lecturer in Law, at the Faculty of Law, University of Lubumbashi, Democratic Republic of Congo. He is also the Executive Director of CERDH (Centre d’Etudes et de Recherche en Droits de l’Homme, Democratie et Justice Transitionnelle/Centre for Human Rights, Democracy and Transitional Justice Studies), and Coordinator of the UNESCO Chair for Human Rights, Peace, Conflict resolution and Good Governance/University of Lubumbashi. He holds an LL.B and LL.M from the University of Lubumbashi; another LL.M from University of Pretoria, South Africa, and a Diploma in Transitional Justice from the Transitional Justice Fellowship Programme (ICTJ & IJR joint programme), South Africa. He is also an Advocate of the Court of Appeal of Lubumbashi. For contact: [email][email protected] or [email][email protected] Phone: +243 9 970 21 758 Fax:+1 501 638 4935

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