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1. The Colonial Legacy and Transitional Justice in the Democratic Republic of the Congo

Author:
Shirambere Philippe Tunamsifu
Publication Date:
01-2023
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The Democratic Republic of the Congo (DRC) experienced a brutal colonial regime and a segregated judicial system with a weak educational system used to support colonial policies and a post-colonial legal framework designed to avoid prosecution for colonial-era crimes. Under such a regime, a broad range of violations were registered including about 10 million people who were killed. In the aftermath of the colonial era, the post-colonial regime did not sufficiently redress the situation through prosecution or meaningful reforms. Consequently, most of those atrocities remained unpunished. This study lists the main reasons for why the colonial-era crimes were not investigated which are linked to the gaps in the legal framework, the configuration of the judiciary, and an informal agreement between the DRC and the Belgian governments.
Topic:
Transitional Justice, Colonialism, and Judiciary
Political Geography:
Africa and Democratic Republic of the Congo

2. Silencing the Guns Requires a Multi-Pronged Approach

Author:
Ramtane Lamamra
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
To translate the vision of the 2013 Solemn Declaration into action, the Master Roadmap of Practical Steps to Silence the Guns by Year 2020 (AUMR) was adopted by the African Union (AU) Peace and Security Council in 2016. The AUMR was to be executed by the AU Commission in collaboration with key stakeholders, including regional economic communities; economic, social and cultural communities; organs of the AU; the United Nations (UN) and civil society organisations. Speaking to this endeavour, the 33rd AU Ordinary Summit took stock of achievements and challenges encountered in implementing this flagship project of Silencing the Guns by 2020. It further sought to devise a more robust action plan, informed by the Monitoring and Evaluation Mechanism of the AUMR, for a peaceful and prosperous Africa. Conflicts have robbed Africa of over US$100 billion since the end of the Cold War in 1991. The continent has unfortunately witnessed some of the world’s biggest fatalities, food and humanitarian crises and the erosion of social cohesion, coupled with the total breakdown of economies and decimation of the environmental and political landscape. It is worrisome to see countries such as South Sudan, Central African Republic, Democratic Republic of the Congo, Somalia, Mali and Libya continuing to witness persistent levels of armed conflict, and the decolonisation conflict in Western Sahara is remaining unresolved for so long. The threat posed by COVID-19 has considerably slowed the momentum of the silencing the guns agenda and has abruptly added to the existing challenges, slowing down the attainment of peace and development
Topic:
Security, Civil Society, International Cooperation, Peace, African Union, and COVID-19
Political Geography:
Africa, Libya, Democratic Republic of the Congo, Somalia, Mali, South Sudan, and Central African Republic

3. Election in the Democratic Republic of the Congo

Author:
Naila Salihu
Publication Date:
09-2019
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The Democratic Republic of the Congo (DRC) has been home to the one of the oldest peacekeeping missions in the world – the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) – due to many periods of instability. Since independence in 1960, the country has been embroiled in conflict. Joseph Kabila succeeded his late father, Laurent Kabila, as president, following the latter’s assassination in 2001. He ruled the country for almost 17 years, and controversially won two elections, in 2006 and 2011. His tenure expired in November 2016, necessitating presidential and legislative elections. However, in September 2016, the Independent National Electoral Commission (CENI) announced the postponement of elections, citing reasons of violence in parts of the country, as well as logistical and financial constraints. CENI also petitioned the Constitutional Court and obtained authorisation to postpone elections to compile a fresh voter register. These developments were met with widespread anger and protests over what some saw as Kabila’s refusal to relinquish power at the end of his second constitutionally mandated term. In the face of a legitimacy crisis and mounting domestic and external pressures from western powers, the African Union (AU), the Southern African Development Community (SADC) and the International Conference on the Great Lakes Region (ICGLR), combined presidential, legislative and provincial elections were held on 30 December 2018. The initial announcement to the elections was met with some reservations. Nonetheless, the elections took place. Contrary to widely held views of machinations by the incumbent government to cling to power, long-time opposition leader, Félix Tshisekedi, emerged as the new president of the DRC, having secured over 7 million votes, representing 38.57% of the total votes cast. The runner-up – another opposition candidate, Martin Fayulu, leader of the Lamuka coalition – garnered about 6.3 million votes (34.38%). The ruling coalition’s candidate, Emmanuel Ramazani Shadary, came in third with over 4.3 million votes, representing 23.84% of votes cast.1 The voter turnout was 47.6%. However, Fayulu, who led the pre-election polls, filed a fraud complaint with the country’s highest court, calling for a recount of the official results. The court upheld the results. The DRC’s Catholic Church also intimated that the results gathered by its 40 000-strong monitoring team pointed to a different outcome than announced by the electoral commission.2 The disputed elections have larger consequences for the post-Kabila government. This article discusses the issues surrounding the elections and implications for stability in the post-election environment. The first section discusses the contentious issues that characterised the pre-election phase. This is followed by an analysis of developments in the post-election environment and the overall implications for stability.
Topic:
Elections, Democracy, Political stability, and State Building
Political Geography:
Africa and Democratic Republic of the Congo

4. Memorialisation as an Often Neglected Aspect in the Consolidation of Transitional Justice

Author:
Shirambere Philippe Tunamsifu
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
For more than five decades after the Independence Day (1960–2018), the Democratic Republic of the Congo (DRC) has continued to witness large-scale violations of human rights and serious violations of international humanitarian law. Trying to deal with past abuses, the country twice experienced a process of transitional justice, in 1992 and in 2004, as the result of the Conférence Nationale Souveraine and the Inter-Congolese Dialogue, respectively. Both of these processes failed to achieve the desired result, and neither adopted any memorialisation process that honours the memory of victims. In October 2013, however, delegates to the Concertation Nationale recommended the government to build monuments in memory of victims of the different armed conflicts. Unfortunately, five years later the government has not yet done anything to implement that recommendation. Based on the interrogation of stakeholders, this paper offers strategies on how to honour the memory of victims of the various armed conflicts in the DRC – in order to consolidate the degree of transitional justice that had been attained. To collect data, 32 key informants were interviewed and two focus group discussions were held in areas affected by armed conflicts. Findings included the recommendation that the State should apologise publicly for its failure to protect the civilian population. Thereafter, a commemorative day should be adopted to bring together victims and alleged perpetrators, and official monuments and memorials should be built in the most affected areas. Uncostly monuments, and aptly named schools, hospitals and public markets in memory of abuses should be built as symbolic collective reparation.
Topic:
Transitional Justice, Memory, Reparations, and Symbolism
Political Geography:
Africa and Democratic Republic of the Congo

5. The role of civil society in conflict resolution in the Democratic Republic of the Congo, 1998-2006

Author:
Sadiki Koko
Publication Date:
08-2016
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The second Congo war (1998-2003) was a very complex conflict that involved a vast array of actors, interests and issues. After a stalemate was reached on the battlefield with none of the warring parties able to achieve military victory, peace negotiations became the only viable option to end the war. Civil society organisations were directly involved in both the peace process and the subsequent transitional dispensation designed to resolve the conflict, providing some sort of popular legitimacy to these two processes clearly dominated by politico-military forces. The central argument of this article is that while civil society involvement in the peace and transitional processes was instrumental in resolving the conflict underpinning the second Congo war, it entrenched a legacy: the politicisation of the civil society movement as inaugurated in the early 1990s. Indeed, although ground-breaking, the direct involvement of civil society in the management of transitional institutions contributed to weakening its member organisations as many of their leaders were either directly recruited into existing political platforms or simply decided to establish their own political organisations and join active politics.
Topic:
Conflict Resolution, Civil Society, Civil War, History, and Conflict
Political Geography:
Africa and Democratic Republic of the Congo

6. Transitional justice and peacebuilding in the Democratic Republic of the Congo

Author:
Shirambere Philippe Tunamsifu
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Almost two decades ago, the Democratic Republic of the Congo (DRC) was confronted with a vicious cycle of internationalised armed conflicts in which between six and ten million people are estimated to have been killed. Those conflicts were resolved through peace agreements between the leaders of the warring parties, leaving affected populations to their predicaments. From among the mechanisms during peace talks aimed at dealing with the past, the Congolese opted for an international ad hoc tribunal and a truth and reconciliation commission (TRC). Unfortunately, the United Nations was unwilling to establish such a tribunal in the DRC and the TRC put in place did not investigate a single case. Therefore, the DRC lost opportunities to hold accountable alleged perpetrators, establish the truth of the past, promote reconciliation, and prevent further violence. The subsequent resumption of conflict is the result of failing to address the past. After the stabilisation of the country, a combination of judicial and non-judicial mechanisms of transitional justice could respond to past abuses and contribute to the peacebuilding process in the DRC. Hence, this paper endorses as a judicial mechanism, in addition to the International Criminal Court (ICC), the establishment of a hybrid international tribunal to hold accountable those who bear the greatest responsibility for events since 1996. This paper also endorses the promotion of the non-judicial indigenous mechanism Barza intercommunautaire to help resolve low-level disputes and pave the way for a new TRC that could promote reconciliation, formulate recommendations on institutional reform, identify criteria for the lustration and vetting process, identify victims and recommend reparations.
Topic:
Transitional Justice, Peace, International Criminal Court (ICC), and Post-Conflict
Political Geography:
Africa and Democratic Republic of the Congo

7. Accounting for violence in Eastern Congo: Young people’s narratives of war and peace in North and South Kivu

Author:
Denis Bentrovato
Publication Date:
02-2014
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
In the last two decades, wars and mass violence have marked much of the life of ordinary people in the Democratic Republic of the Congo. In its eastern provinces of North and South Kivu, an entire generation has grown up knowing little else than conflict and deprivation. This article intends to give a voice to young Congolese in this troubled region in the heart of Africa. The article is based on the results of a survey that was conducted at the end of 2009 among nearly one thousand students. It examines the way young people in the Kivu make sense of the prevalence of violence in their home-provinces and the solutions they envision for a peaceful future. In its analysis, the article exposes a predominant role of ‘the Rwandese’ in Congolese narratives of war and peace. Influenced by fresh memories of war, various respondents exhibited Manichean views and deep-seated feelings of resentment towards those who were deemed responsible for the Congo’s recent suffering. This article argues that, unless such understandings and sentiments are acknowledged and addressed, the risk of further escalation of conflict will continue to loom on the horizon. Educational and cultural programmes targeting the youth and their views of ‘the other’ are here proposed as a promising peacebuilding measure that should complement existing efforts to promote stability in the region.
Topic:
Education, War, Culture, Youth, Violence, Peace, and Narrative
Political Geography:
Africa and Democratic Republic of the Congo