The
Democratic Republic of Congo (DRC), former Republic of Zaïre, located in
Central Africa, is the second largest country in Africa by area after Algeria.
Indeed, after 32 years of dictatorship of Mobutu’s presidency (1965-1997), the
country entered into various armed conflicts[1],
for more than fifteen years (1997-2012), in which neighboring east States were
involved and endless negotiations.
The
first conflict began in the eastern part of the former Republic of Zaire in
1996 with the Alliance of Democratic Forces for the Liberation of Congo-Zaire
(AFDL). The AFDL was a coalition movement created in October 1996 that successfully
overthrew the government of Mobutu in 1997 in a military coup backed by the
neighboring countries as Angola, Burundi, Rwanda, and Uganda.
In
eight months, October 1996-May 1997, the AFDL took over the country.
Laurent-Désiré Kabila, spokesperson for the coalition, came into power, he
changed the country’s name to the DRC and the swearing in took place on May 17,
1997 while President Mobutu fled to Morocco.
While
Burundi, Rwanda and Uganda stayed and pillaged the regions gold, diamonds and
coltan, President Laurent-Désiré Kabila was angered by their refusal to leave
the DRC and in July 1998, he decided to withdrawal the foreign armies from DRC.
The Rwandan and Ugandan Armies got angry and consequently, in August 1998, they
turned against him and backed a new rebellion. This was the beginning of the
second armed conflict with three rebel’s movements. The Congolese Rally for
Democracy (CRD) occupying the Kivu provinces with the support of Rwanda, the
Movement for the Liberation of Congo (MLC) the Equateur province supported by
Uganda, and the Union of Congolese Patriots (UPC) the Ituri supported by Uganda
and Rwanda. Consequently, the country was divided and each rebellion movement
administrates its area like a “state”.
On
16 December 2002, a meeting was held in Pretoria (Republic of South Africa)
where various elements/groups and entities involved in the Inter-Congolese
Dialogue signed a Global and Inclusive Agreement on Transition in the DRC. The
Parties to that Agreement having armed forces, agreed to combine their efforts
and to safeguard the sovereignty and territorial integrity of the DRC. The
Parties to the Global and All Inclusive Accords of 2002 agree to cease
hostilities and to seek a peaceful and equitable solution to the crisis that
the country is facing (…), to commit themselves to the process of creating a
restructured, integrated national army (…) and to set up a government of
national unity.
After the establishment of the Transitional Government in
2003, the
General Laurent Nkunda who was one of the commanding officer of CRD refused to
integrate the Congolese Army and began to fight against the Transitional
Government in June 2004. He creates his own movement the National Congress for
the Defense of People (CNDP),
under the pretext of wanting to support his tribal community.
To end this crisis and after the failure of many negotiations,
the DRC Government decided to negotiate directly with the Rwandan
Government which was supporting the CNDP and to establish a joint military
operation involving Rwanda and DRC to disarm FDLR militias. However as he
tried to resist a joint operation, the ex-general Laurent Nkunda was arrested
in January 2009 while he was fleeing on Rwandan territory. So the General Bosco
Ntaganda, who was the rebel group’s chief of staff, took over control accusing
Laurent Nkunda of incompetence and trying to lead the movement like his own
property.
After the arrest of the ex-general Laurent Nkunda, the
DRC Government and the CNDP consented to a peace agreement signed on 23 March
2009. Under the article 1 (1.1, ab) of this Agreement, the CNDP undertook
"to integrate its police and army units respectively in the Congolese
National Police and the Armed Forces of the DRC and to transform themselves
into political party (...)". Moreover, under the articles 1.2 and 12.1,
the Government committed itself to "handle expeditiously the request for
approval of the CNDP as a political party and a political solution to the
problem of vocational rehabilitation staff and administrators have joined the
CNDP without prejudice, provided, of legal texts in force."
Indeed, the elements of the CNDP were integrated into the
congolese army, Bosco Ntaganda was made brigadier general and his lieutenant
Makenga a colonel; the CNDP ex-political-military movement became a political
party and its civil political leaders have been integrated in the political
institutions (Senate and the provincial government of North Kivu).
Finally, after the elections of 28 November 2011 and after
the ICC convicted Thomas Lubanga in March 2012, the government of the Democratic Republic of Congo,
which has decided to put justice aside for peace in the case of General Bosco
Ntaganda, was under an international pressure to arrest Bosco
Ntaganda. Unfortunately this come to start defection of the former CNDP rebels
integrated in the Congolese Army with the main claim as the full implementation of the peace agreements
of 23 March 2009.
According
to many reports, there is evidence that the Republic of Rwanda is supporting
the mutiny of M23. Among reports, the internal UN report reveled by BBC saying
that Rwanda is once again supporting rebels in eastern Congo linked to renegade
general Bosco Ntaganda. The report cites rebel soldiers who say they were
trained to join the Rwandan army but were sent instead across the border to
eastern Congo to fight alongside mutinous soldiers. It has been also
demonstrated by the Human Rights Watch’s report saying “that Rwandan army
officials have provided weapons, ammunition, and an estimated 200 to 300 recruits
to support Ntaganda’s mutiny in Rutshuru territory, eastern Congo” (HRW, June
2012). Also the United Nations panel of experts has gathered evidence of arms
embargo and sanctions regime violations committed by the Rwandan Government.
These violations consist of the provision of material and financial support to
armed groups operating in the eastern DRC, including the M23.
Moreover,
the Information Minister of the Congolese government and spokesman has
confirmed reports by the UN mission in DR Congo and Human Rights Watch. During
a press conference at the end of the delegation of the Congolese government
mission in the eastern Congo city (Goma), the spokesman confirmed that “The
Rwandan territory was used in the preparation and commission of a conspiracy
which, having started as a simple mutiny, is dangerously moving towards a
pattern of breaches of the peace between the two countries of the Great Lakes
region”(Congo News Agency, June 2012). However, the Rwandan government has
denied providing support to Ntaganda’s forces.
While
the Chinese People’s Liberation Army (PLA) pledged to strengthen defence
cooperation with Rwandan Defence Forces, the United States Government has sent
a hostile signal to Rwanda by canceling a small military assistance program. Also
three European States (United Kingdom, Netherlands and the Dutch government)
have joined the United States in withholding aid to Rwanda over its alleged
backing of rebels in Democratic Republic of Congo.
Regarding
the interest of the Republic of Rwanda as well as the Republic of Uganda by
supporting the AFDL, the CRD, the CNDP and currently the M23 through the
exploitation of local communities, as Tutsi, many people have not yet known why
Rwanda is still invaded the eastern part of the DR Congo. The fundamental
reasons are the illegal exploitation of natural resources and other forms of
wealth of the Democratic Republic of the Congo but also the hypothesis of an
attempt of balkanization should not be excluded.
For
the above mentioned, we come to realize that the Rwandan regime is the complicit
and the author of acts of atrocities, of massive violations of human rights and
international humanitarian law and might be find guilty of systematic looting
of natural resources. The Rwandan and Ugandan authorities must face prosecution
at the International Criminal Court for supporting rebel groups responsible for
crimes against humanity and war crimes in accordance with the article 5 of the
Rome Statute.
[1] For more read P. Tunamsifu Shirambere, “The
Challenges of the Obligation to Co-operate between the ICC and the DR Congo :
The Case of the Fourth Arrest Warrant Against General Bosco Ntaganda”, in The A38 Journal of International Law,
Volume 1, Edition 2, 2012, pp. 1-2
