Category Archives: ICC

African quagmire metamorphosed to cataclysmic carnage : DR Congo, Ntaganda, Kabila and the road ahead (PART 4 of 5)

The escalating disquietude of Rwanda and Uganda with Kabila government led to a protracted tragedy of modern Africa. Kagame’s plan for another regime change in Kinshasa was anticipated by Kabila resulting in his dismissing all Rwandan soldiers and ordering them to return home. Kabila even started recruiting ex-Hutu militias who had been accused of killing Tutsis in the 1994 genocide.

A rebellion group by the name of Rassemblement Congolais pour la Démocratie (RCD) alongwith Congolese Tutsis and Banyamulenge (ethnic Tutsi of South Kivu of Congo), with active assistance of the Rwandan Army, started a rebellion against Kinshasa. The rebels initially made rapid progress but intervention by neighbouring countries like Angola and Zimbabwe in favour of Congo turned the tables. Robert Mugabe’s dream of becoming a regional power broker and Angola’s concern about its internal security were the primary reasons for their involvement in this foreign crisis. Namibia and Chad soon joined the fray assisting Kabila, whereas Tutu led Burundi government took the side of Rwanda and Uganda. Active military assistance of Angola and Zimbabwe saved Kabila’s regime.

The war, though ostensibly fought for saving the national governments, was primarily to capture and exploit the vast natural resources of Congo. Unsurprisingly, Angola and Zimbabwe Generals started looting, despoiling and grabbing diamond, gold and other mining businesses. On the other hand, Rwanda and Uganda turned eastern Congo into their own fiefdom.  All the belligerents indiscriminately plundered the natural resources at an unprecedented scale. Gradually RCD splintered into rival factions. The war became even more complicated with multitudinous factions changing sides as per their financial interests. Banyamulenge fighters also split into separate factions. Rwanda and Uganda even fought among themselves for the spoils of the war! It seemed as if war would never end. But Kabila’s assassination in January 2001 changed the scenario. Kabila Jr., ‘western educated’ and ‘english speaking’, but a political greenhorn, was put in place of his father.  Since Kabila Sr. was considered as the major impediment to a peaceful settlement of the war, as he adamantly refused to share power, the change of guard was seen as a positive development towards the peace negotiations. Gradually Rwanda too found it difficult to sustain the war as RCD splintered and many joined the Congo government. Many from the Banyamulenge changed sides. Finally Suncity agreement, in April 2002, provided the framework of the multipartite government in Congo. Later in July, the main belligerents Rwanda and DRC signed a peace deal (Pretoria Accord). Congo and Uganda also signed a peace deal (Luanda Agreement). These peace deals led to the withdrawl of Rwandan and Ugandan troops from DRC’s territory and led to a substantial contraction in hostilities. In December 2002, the primary warring factions like the national government, MLC (Mouvement pour la Liberation du Congo, a group backed by Uganda), RCD, split factions of RCD as well as the opposition party alongwith representatives of civil society signed an agreement which formally ended the bloody second Congo War. In July 2003, the transitional government was formed.

But Kivu, Ituri and Katanga conflicts persisted despite the formal end of the Congo War. Alleged role of Ntaganda in Ituri conflict is now before the ICC.

DR Congo, Ntaganda, Kabila and the road ahead (Part 1 of 5)

DRC’s pillage continues unabated. DRC (second largest country of Africa by area and as large as Western Europe) abounds in reserves of diamond, gold, copper, coltan (important ingredient in manufacture of mobile phone), cobalt and other precious minerals. Yet its abject poverty raises arduous questions. Human Development Index Report 2014 ranks DRC 186 out of 187 countries! Its social indicators are appalling. The ICC trial which commenced this month against Congolese warlord Bosco Ntaganda (Terminator), puts back the focus of international community on the perturbing circumstances in DRC and neighbouring Rwanda.

After eluding ICC for nine long years, Ntaganda startlingly surrendered before the US Embassy in Kigali (capital of Rwanda) in 2013 and requested transfer to ICC. This keenly watched trial, having a record number of 2149 participating victims, will be a watershed in International Criminal Law as multiple charges consisting of 13 counts of war crimes including murder and attempted murder, rape, sexual slavery of civilians, pillaging, enlistment and conscription of child soldiers under the age of fifteen years and 5 counts of crimes against humanity: murder and attempted murder, rape, sexual slavery, persecution, forcible transfer of population allegedly committed in 2002-2003 in the Ituri Province have been framed.

Ntaganda’s case reminds us of the serious issues concerning not only DRC but the whole of central Africa. Bitter conflict between Hutus and Tutsis have further aggravated the dispute. It brings back the whole dark history of DRC (and Rwanda) back to limelight. The fleecing by the Portugese and the later colossal misrule of Belgium  (DRC began its life not as a colony but only as a personal property of Spanish Monarch Leopold II who named it the ‘Congo Free State’!). Congo’s ‘Rubber Terror’ led to the Belgian Government’s control over the state but the plight of the Congolese remained unchanged. Post WW II, with rise of nationalist sentiments, dynamic leader Lumumba came to power in the first democratic elections in 1960. Congo’s independence in 1960, escalating violence, murder of Lumumba, coup by Mobutu and his subsequent dictatorship lead his country to wretched poverty. By institutionalizing corruption, Mobutu amassed humungous wealth. But the acrid differences between Hutus and Tutsis, particularly in Rwanda leading to the despicable Rwandan genocide in 1994, and Mobutu’s subsequent complicity with siding anti Tutsi militia led to his overthrow. President Joseph Kabila’s desperate attempts to cling to power even after the constitutional mandate of maximum two terms threatens Congo’s political future.

Ntaganda (Rwandan born Tutsi who fled Rwanda to neighbouring Uganda to escape from the Hutu militia) fought with the Rwandan Patriotic Army and participated in the overthrow of the Hutu-led Rwandan government which was responsible for the Rwandan genocide. Though the change of regime led to immediate discontinuance of the pogrom, future machinations led to the Congolese Wars (deadliest war in modern African history, also known as African World War). Peace agreement in 2002 (Sun City Agreement) reduced the hostilities.

But in the volatile Eastern Congo region of Ituri, bloodshed between Hema and Lendu communities continued. Ntaganda served as the Deputy Chief of Staff of the Patriotic Forces for the Liberation of Congo (Forces Patriotiques pour la libération du Congo, FPLC), the armed wing of the Union of Congolese Patriots (Union des Patriotes Congolais, UPC) headed by Thomas Lubanga Dyilo. UPC with active assistance from the Ugandan army, launched an attack against the Lendu community in Ituri province whereas  Nationalist and Integrationist Front (Front des Nationalistes et Intégrationnistes, FNI) fought on behalf of Lendu and against Hema community. EU’s ‘Operation Artemis’ (UN sanctioned) finally subdued the violence. Lubanga has already been found guilty in 2012 of the war crimes of enlisting and conscripting of children under the age of 15 years and using them to participate actively in hostilities. He has been sentenced to a total of 14 years of imprisonment and his appeal has been dismissed in 2014(first person transferred to the International Criminal Court, also the first war criminal to serve a final sentence given by the ICC). Presently ICC is deliberating on his application for early release.

Now it is Ntaganda’s rendezvous with the ICC!