Political Reconciliation

1. THE DRC WORKING GROUP FOR
RECONCILIATION

2. Outline
• Context
• Indigenous Processes
• Truth Commissions
• Constitutional Engineering
• Prosecutions
• Reparations
• Conclusions

3. BBC
INTRODUCTION (2011)

4. Background
• Colonization and Early Independence
• Belgian Congo: Map of Africa
• In 1960 Belgian Congo gained its
Independence and was renamed the
Republic of Congo.
• Joseph Kasabuvu was named President
and Patrice Lumumba became Prime
Minister.

5. Era of Mobutu
• Mobutu organizes a coup-d-etat in 1961
and replaces Kasabuvu.
• Lumumba assassinated by Katanga rebels
who sought secession.
• Mobutu takes advantage of political chaos
and seizes power in 1965.
• He renames the country Zaire.

6. Political Turmoil
• Mobutu overthrown by Rwandan inspired
rebellion.
• Laurent Kabila announces himself
President of the Democratic Republic of
Congo in 1997.
• In 1998 Kabila tells the Rwandan and
Ugandan armies to leave the Eastern
region of the DRC.
• Rich minerals resources keep national
armies within the DRC

7. INDIGENOUS PROCESSES

8. Demographics of the DRC
• DRC population in the region of 62 million.
• A large percentage of this population
based in the Northern AND Southern
regions of Kivi (10%).
• Over 250 ethnic groups although many
share the same culture and language.
• Religion plays a key role in the lives of the
Congolese citizens.

9. Relationship between Hutu and
Tutsi‟s in the DRC
• Prior to the Rwandan Genocide both
ethnicities viewed as similar within the
Eastern regions of the DRC.
• Both ethnicities spoke Kinyarwandan as
their native dialect
• Hutu extremists incite ethnic hatred among
the population.

10. Hutu Extremists
• The addition of one million Hutu refugees
helped Congolese to distinguish between
Hutu‟s and Tutsi‟s
• These camps endured a great deal of
violence as the Interahamwe rebels were
infiltrated among the refugees.
• Innocent Hutu‟s were killed which was
continued within the DRC

11. Political upheaval
• Government backing of Hutu rebels has
brought the DRC into disrepute with
Rwanda and Uganda.
• Proxy Tutsi forces within the DRC have
been set up to counter the treat of the
Interahamwee rebels now known as the
FDLR.
• Civilian population have endured the
consequences of the conflict

12. Community Action
• The behaviour of rebel groups both Hutu
and Tutsi inspired within the DRC
community has caused International
outrage.
• Mai Mai groups been set up to defend
against attacks from undisciplined rebel
groups and warlords i.e. Joseph
Koni, Habamungu and Nkunda.
• Yet these groups have committed crimes
within local communities.

13. Background International
Precedent for Reconciliation
• Rwanda and South Africa.
• Gacaca and truth Commissions
• Advantages of Rwandan System twofold:
• Firstly its can speed up the trial and empty
the prisons and secondly it involves the
community in establishing the truth and
through that, reconciliation.

14. Can Indigenous Processes work in
the DRC?
• Hutu and Tutsi‟s have historically lived in
relative peace in the DRC.
• Outside forces, rebel groups and
corrupting governing institutions are
preventing the opportunity for Indigenous
Processes to take place.
• As of today, Indigenous Processes cannot
work until law and order is restored in the
DRC.

15. Alternatives to Indigenous
Processes
• Banyamulenge Tutsi resettlement plans.
• Survivors of the Gatumba Refugee Camp
Massacre 2007 relocated to the United
States.
• Negatives of Relocation: Resettlement
does not lead to reconciliation as it is not a
long term option.
• Integration must take precedence over
Segregation.

16. TRUTH COMMISSIONS
The desire to heal wounds through openly discussing the wrongs of
the past.

17. The Basis for truth Commission‟s in
the DRC
• The Global and all-inclusive agreement in
Democratic Republic of Congo signed in Pretoria
SA, stipulated the need for a truth commission.
• Further ratified by article 156 of the provisional
constitution of 2002: to promote reconciliation and
national unity.
• In 2004 granted the right to operate under a law
ratified by Joseph Kabila.
• The idea marred by a lack of Political will and co-
operation (Us institute for Peace).
• Political influence, lack of funding and results led
to abandonment in 2007.

18. Role of DRC Truth Commission
• To address wrongs from 1960 to 2003.
• To access wrongs, promote healing and consolidate the
national consciousness.
• The Commission was made up of 21 members, led by
Bishop Jean Mulemera.
• Commission members religious, civil groups, scientific and
eight members of representatives of the different parties
affected.
• Described as internally non-democratic, and as a truth
Omission rather than a truth Commission (Pan African
Voices for freedom and Justice).
• More support for normal judicial procedure, and not as a way
for interested parties to allow their henchmen to walk free.

19. Survey conducted in North Kivi,
South Kivi and Ituri Region „2008‟
• The most grievously affected region of the conflict suffering genocide, rape and violence.
• The question should militia leaders be allowed the same rights as everyone else received
only 24.3% agreement. The question should former militia leaders be allowed into the
national army was higher at 37.6% in agreement (Vinck, Baldo, Pham and Shigekane
2008, p.40).
• The people surveyed also returned by 92% that murder crimes should be held accountable
and 70% that sexual crimes should be accounted for. These figures indicate the
importance at a local level which people place on the losses which they have suffered.
• A further 22.9% said the Ugandan government, while 36.4% said the Rwandan government
should be accountable (Vinck, Baldo, Pham and Shigekane 2008, p.41). The main
response on who should hold the perpetrators of the crimes responsible was an 80.1%
figure for the government.
• The International criminal court and National judicial systems received 24.2% and 22.2%
respectively. The question of what to do with war criminals received a 68.9% majority in
favour of punishing them.
• In terms of reconciliation through direct truth Commissions some interesting data has also
been collected from the people with some encouraging results. The people were asked
would you forgive war criminals if it meant peace, 68% said they would. Another interesting
figure was a return of 67.6% of people who said they would forgive the people who directly
attacked them if it meant peace (Vinck 2008, p. 47)

20. Survey conducted in North
Kivi, South Kivi and Ituri
Region „2008‟
• The International criminal court and National judicial
systems received 24.2% and 22.2% respectively. The
question of what to do with war criminals received a
68.9% majority in favour of punishing them.
• In terms of reconciliation through direct truth
Commissions some interesting data has also been
collected from the people with some encouraging results.
The people were asked would you forgive war criminals
if it meant peace, 68% said they would. Another
interesting figure was a return of 67.6% of people who
said they would forgive the people who directly attacked
them if it meant peace (Vinck 2008, p. 47)

21. The people‟s views on truth
Commissions
• On the question of what is justice some interesting results were also
taken. The figure of 50.8% of people identified it as the
establishment of the truth, 48.5% as the application of the law and
47.5% to be just and fair (Vinck 2008, p.43-45).
• The results of these surveys show a sense of the realisation of the
importance of reconciliation and the potential for constructive
change to take place. The questionnaire also asked was it important
for the people to know the truth about what happened in Eastern
Congo. The answer was 88.1% said it was.
• The questionnaire also asked what the preferable options for the
discovery of that truth were. The results of this were 51.4% said the
judicial system while 31.6% said let the people talk freely, 24.3%
said have a truth/inquiry Commission, and 24.2% the medium of
independent media. The last statistic of importance‟ Have you
participated in a process to establish the truth at 23.1% and „would
you be willing to talk about what happened to yourself or your

22. International Precedent
• Successful truth Commission held in South Africa
which promoted impartial healing and reconciliation.
• The DRC conflict still rages so more applicable
comparatives could be drawn with truth Commissions
in Columbia, Sierra Leone and Sri Lanka in terms of
the barbarity and intensity of the conflict which
occurred and who also face corruption.
• Despite such encouraging figures taken from the
survey of one of the most affected regions corruption
and lack of political will or public knowledge of the
existence of the commission were to blame for its lack
of results.
• The constitutional engineering process is of
consideration in the re-establishment of civil society.

23. Truth Commissions and Amnesties in the
DRC
• While the existence of Truth Commissions play an
active and important role in the process of seeking the
truth, Amnesties have also been part of this process in
the DRC.
• The „all inclusive agreement for the peace‟ suggested
the DRC did need an amnesty.
• 20 armed groups in North Kivi and the South Ituri
areas were granted one. This included consideration
for Laurent NKunda‟s rebels, a particulary notorious
group.
• International examples of the granting of amnesties
with varying levels of success include
Chile, Columbia, East- Timor, Mozambique ,Sierra
Leone, Uganda and South Africa (Pan African voices

24. CONTINUED
• Mathieu Ngudjolo Chui, Thomas Lubanga Dyilo and
Germain Katanga are three leaders who despite having
been granted amnesties have faced prosecution by the ICC
(Institute for war and Peace Reporting).
Amnesties can have a reconciliatory effect when coupled
successfully with Truth Commissions for reintegration. The
traditional justice system still tries to capture criminals who the
ICC and the DRCs government has revoked their right to
amnesty despite granting it to their former commands. One
such example is the prosecution of Laurent Nkunda the DRC
for crimes against humanity and genocide.
Thus, Truth Commissions if properly managed can provide re-
integration for some but never all of those who have committed
war crimes.

25. Recommendations
• The establishment of a democratically elected set of
Truth Commissioners free from former military or
political association with fair representation from all
affected parties.
• The more effective delegation of resources to the bodies
which administer truth commissions. The truth
commission was under resourced and the population
were not aware of its operation. The increased
participation of the citizens monitered by the
international community.

26. Constitutional Engineering
• Transforming the political landscape in the interests of
reconciliation
• Securing rights and democracy

27. Brief Historical Context
• Failed Citizenship laws- 70s, 80, and 90‟s
• Voter Registration- National Census needed (last
occurred in 1981)
• DRC beating world record of one “constitution
per year” in its 46 years of independence.
• “Constitutions without constitutionalism”.
(Mangu)
• Ill-designed electoral system inherited from
colonisation (Kadima 2001)

28. DR Congo‟s Constitution
• Current Constitution approved by 84% in Dec
2005 Referendum, came into effect Feb 2006.
• Positive Elements:
• 1. Never again ruled by life-long dictator. May
not rule for more than two 5 year terms.
• 2. Provides for independent „ democracy
supporting‟ institutions to oversee and manage
the electoral process.

29. Recent Developments
Negative Elements:
1. Many Laws that came after are contrary to
Constitution.
2. Exposed to political attacks despite
legitimacy.
3. Party conventions do not take place.
4. Party leadership elections are not held.

30. Electoral Law 2011
 Parliament adopted new electoral law after 3 months debate.
 Government‟s proposed amendments:
 In districts where one list receives an absolute majorty of
votes, that list would take all seats.
 In districts where no one list attains an absolute majority, PR
retained.
 Favoured big political parties-reinforce ruling parties grip
 All rejected-Sign of times-opposition not standing for it.
 Compare this to previous Irish Goverments- Opposition little
power.

31. Recommendations
• Constitutional Commission- Review
Constitution
• Citizens Assembly- greater citizen participation
in public affairs. Work with CPRDC (Standing
Committee on Reform of Congolese Law)
• Constitutional Convention- meeting of delegates
to consider new constitution.
• Referendum- Inform public better by setting up
Congolese Referendum Commission.

32. Recommendations
• Increased resources for The United Nations
peacekeeping mission in Congo (MONUSCO)
• Retain PR system.
• Install Electoral Engineers to consider setting a
reasonably high legal threshold to limit
tendency of list PR to encourage mushrooming
of political parties.
• 21 political parties- need for move towards
merger and grouping of political parties by
ideological poles could multiply power of
action.

33. PROSECUTIONS

34. Prosecutions
• Principle goal is to „challenge impunity by bringing
victims within the protection of the law and
perpetrators under the scrutiny of the law‟
(Humphrey 2003, p.498)
• Provide accountability, acknowledgement of
wrongdoing, re-establishes the authority of the
state, de-legitimises extremists → reconciliation
• Challenges: numerous violations and perpetrators
who are both Congolese and foreign; DRC lacks the
specialised expertise in investigation and
prosecution of main offenders

35. Current Prosecutions: National
• Military Order Court 1997-2003 • 2011 Lt-Col Kibibi Mutware
sentenced to 20 years in jail for
• Lack of impartiality mass rape in eastern DRC
• People deprived of basic • 1st conviction of a
human rights commanding officer for
• 12 cases in which Congolese rape
courts dealt with international • 2011 trial of Gen. Jerome
crimes (only 2 prior to 2003) Kakwavo for rape
(OHCHR 2010)
• Militia leader integrated into
• 2010 trial of Bernard Kakado the army
• 1st militia leader jailed for • Challenges
crimes committed in Ituri
• Lack of impartiality
• Lack of capability and
resources
• Lack of independence

36. Current Prosecutions: ICC
• Thomas Lubanga Dyilo • Bosco Ntaganda
• Alleged founder of UPC • Alleged Deputy Chief of
and FPLC General Staff of FPLC
• War crimes • Alleged Chief of Staff of
CNDP
• War crimes
• Germain Katanga and • Calliexte
Mathieu Ngudjolo Mbarushimana
Chui • Alleged Executive
• Katanga alledged Secretary of FDLR-FCA
commander of FRPI
• Crimes against
• Chui alleged leader of humanity and war
FNI crimes
• War crimes and crimes

37. Current Prosecutions: Other
• Universal Jurisdiction
• Germany, Spain, Belgium, and Netherlands
issued warrants

38. Recommendations
• Hybrid Court much like SCSL
• Establishment
• Through a treaty with UNSC
• Negotiate Chapter VII-like powers
• Operate within DRC
• Funding
• Paid for by countries implicated in funding the hostilities both
directly and indirectly as well as any other country which wishes to
contribute
• The state needs to control its natural resources which should also be
used to build the judicial capacity of the country
• Structure
• Indictments to top leaders with most responsibility
• Should have at least 5 years to operate in order to get a sufficient
number of perpetrators
• At least ½ of staff and judges should be Congolese

39. Recommendations
 Build up the capacity of the Congolese Judicial System
 Investment (redirection of development aid)
 Infrastructure, training, resources
 Independence
 Needs to be able to operate independent of politics
 Focus on most responsible
Net Aid in DRC and Africa
50,000,000,000
45,000,000,000
40,000,000,000
35,000,000,000
30,000,000,000
25,000,000,000
20,000,000,000
15,000,000,000
10,000,000,000
5,000,000,000
0
1960 1965 1970 1975 1980 1985 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Congo, Dem. Rep. Net official development assistance and official aid received (current US$)
Africa Net official development assistance and official aid received (current US$)

40. Reparations

41. Reparations
•“the act of making amends, offering
expiation, or giving satisfaction for a wrong
or injury…
•the payment of damages : indemnification;
specifically : compensation in money or
materials payable by a defeated nation for
damages to or expenditures sustained by
another nation as a result of hostilities with
the defeated nation” (Merriam-
Webster, 2012)

43. Reparations
•“The UN Basic Principles recognize the following five
forms of reparations:
•1) restitution: restoration of a victim’s
rights, property, citizenship status;
•2) rehabilitation: psychological and physical support;
•3) compensation;
•4) satisfaction: acknowledgement of
guilt, apology, burials, construction of memorials, etc.;
and
•5) guarantees of non-repetition: reformation of laws
and civil and political structures that led to or fueled
violence” (UN Women and UNDP, 2010)

44. Reparations in Congo Now
•“Crimes under international law, including rape and murder, continue to be
committed by the Congolese army and armed groups in the east of the
Democratic Republic of Congo following decades of similar crimes across the
country,…” (Amnesty International, 2011)
•The United Nations Joint Human Rights Office is putting in place a
project in close cooperation with UNWOMAN and with funding from
the Government of Brazil to devise mechanisms that will enable the
State to implement the recommendations. Within the project, particular
attention is paid to mechanisms allowing the State to fulfil its legal
obligation to financially compensate victims of sexual violence
committed by State agents and to pilot projects on reparation to be
implemented in local communities.
•The African Union Protocol on the Rights of Women in Africa ratified
by the DRC in 2009

45. Recommended Reparations
Payment of all rape victims.
Treatment of HIV, damaged internal
organs, ostracization and depression.
Reparations fund
Restitution – restoration of family life
(Counseling), helping victims recover the
jobs they have lost, the homes they have
lost, the family ties they have lost.

46. Recommended Reparations
•Compensation –
medicines, surgeries, schooling, houses, lost
income, property damaged and looted.
•Rehabilitation – medical, psychological
•Satisfaction – Truth-seeking measures, public
apologies, sanctions, commemoration, tributes,
measures to end continuing
violence, arrests, prosecutions, convictions, im
prisonment, improvement of
resources, infrastructure, detention & court
facilities, indemnities, commemorative
measures (public recognition),

47. Recommended Reparations
•Gaurantees of non repitition
•Strengthening & reform of institutions
•Peace and Security
•Addressing the underlying gender
dimensions & root causes of Sexual violence
•Congolese Govt. & International
community take responsibility.

48. Recommended Reparations
How it fits with Reconciliation
•Acknowledging victims
•Creating Awarness
•Reducing and destroying stigmatization
•Compensating
•Rehabilitating
•Creating a “Never Again” attitude.
•Turning something negative into something positive
•Getting back on track
•“Just to cool down their minds”
•Recovery

49. Conclusions

50. •
• Indigenous processes and truth commissions while
having potential to resolve the conflict are not conducive
to reconciliation in the DRC due to the nature of the
conflict, corruption, and lack of political will.
• Constitutional engineering and prosecutions have the
ability to enhance the legitimacy of the state which can
lead to eventual reconciliation and stability.
• Reparations have the potential to alleviate much of the
suffering if properly administered.

51. Video

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