ISS Workshop Repor t
Regional dimensions
of conflict in the
Great Lakes
Compiled by Nyambura Githaiga
La Mada Hotel, Nairobi, 12–13 September 2011
Contents
Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .iii
The institutions
Introduction
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v
Summary of workshop presentations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi
WORKSHOP PAPERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Small arms and conflicts in the Great Lakes Region
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Francis K Wairagu
Natural resources and conflict in the Great Lakes Region
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Nyambura Githaiga
Forced displacement and conflict in the Great Lakes Region
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Dr Khoti Chilomba Kamanga
Bridging the Great Lakes
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
Implementing the human rights dimension of the International Conference on the Great Lakes Region
Dr Isabell Kempf
The role of regional bodies in promoting sustainable peace in the Great Lakes Region
. . . . . . . . . . . . . . . . . . . . . . .40
Dr Connie Mumma-Martinon
ANNEXURES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Annexure A
Programme
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53
Annexure B
List of participants
ISS Workshop Report
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55
i
Acknowledgements
Singo Stephen Mwachofi, Programme Officer, Peace
The Regional Centre on Small Arms (RECSA), the
and Security
International Conference on the Great Lakes Region
(ICGLR), and the Confl ict Prevention and Risk Analysis
■
ISS: Roba Sharamo, Acting Director; Andrews Atta
Division of the Nairobi Office of the Institute for Security
Asamoah, Senior Researcher; Nyambura Githaiga,
Studies (ISS) would like to thank the following people
Researcher; Samira Yusuf, Programme Assistant;
and institutions for making this workshop a success:
George Mukabana, Office Administrator
■
■
■
■
Presenters: Andrews Atta-Asamoah, Senior
The European Union, the Government of Switzerland
Researcher, ISS; Nathan Byamukama, Programme
and the United Nations Office of the High Commis-
Officer, Cross Cutting Issues, ICGLR; Nyambura
sioner for Human Rights (UN-OHCHR) for providing
Githaiga, Researcher, ISS; Dr Khoti Kamanga,
fi nancial support and attending the workshop
Director, Centre for the Study of Forced Migration,
RECSA: Dr Francis K Sang, Executive Secretary;
University of Dar-es-Salaam; Dr Isabell Kempf,
Francis K Wairagu, Head of Research and Gender;
Regional Human Rights Adviser UN-OHCHR,
Angela Baiya-Wadeyua, Head of Communications and
ICGLR; Dr Connie Mumma-Martinon, Consultant
Public Relations; and Dan Osano, Accountant
Researcher; Dr Frank Muhereza, Senior Research
ICGLR: Ambassador Liberata Mulamula, Executive
Fellow, Centre for Basic Research; Singo Mwachofi,
Secretary; Nathan Mwesigye Byamukama, Pro-
Programme Officer, Peace and Security, ICGLR; and
gramme Officer, Cross Cutting Issues; Dr Isabell
Francis K Wairagu, Head of Gender and Research,
Kempf, Regional Human Rights Adviser, UN-OHCHR;
RECSA
ISS Workshop Report
iii
The institutions
International Conference on
the Great Lakes Region
Horn of Africa. The Nairobi Declaration on the Problem
The International Conference on the Great Lakes Region
March 2000 by the Ministers of Foreign Affairs and/
(ICGLR) is an inter-governmental organisation of eleven
or representatives of the governments of Burundi, the
member states in the African Great Lakes Region,
DRC, Djibouti, Ethiopia, Eritrea, Kenya, Rwanda, Sudan,
namely Angola, Burundi, the Central African Republic,
Tanzania and Uganda.
of Illicit Small Arms and Light Weapons in the Great
Lakes Region and the Horn of Africa was signed on 15
the Democratic Republic of Congo (DRC), Kenya, the
Republic of Congo, Rwanda, Sudan, Tanzania, Uganda
and Zambia. Its establishment was based on the rec-
Institute for Security Studies
ognition that political instability and confl icts in these
The Institute for Security Studies (ISS) is a pan-African
countries have a considerable regional dimension and
applied policy research institute working in the area
thus that the promotion of sustainable peace and devel-
of human security in Africa. It seeks to mainstream
opment would require a concerted joint effort.
human security perspectives into public policy processes
and to influence decision-makers on the continent and
Regional Centre on Small Arms
beyond. The objective of the Institute is to add critical
The Regional Centre on Small Arms (RECSA) is an inter-
research and contextual analysis of relevant human se-
governmental arrangement arising from the Nairobi
curity issues to policymakers, area specialists, advocacy
Declaration aimed at coordinating the joint efforts by
groups, and the media. The ISS is an established think-
National Focal Points to prevent, combat and eradicate
tank with offices in Pretoria and Cape Town in South
stockpiling of and illicit trafficking in small arms and
Africa, Nairobi in Kenya, Addis Ababa in Ethiopia, and
light weapons (SALW) in the Great Lakes Region and
Dakar in Senegal.
iv
balance and objectivity by providing timely empirical
Institute for Security Studies
Introduction
The Great Lakes Region has been home to some of
on and interrogate the changing regional dimensions
Africa’s most intractable and turbulent confl icts. Over
of confl ict in the Great Lakes Region and analyse chal-
a 20-year period, this region has experienced, among
lenges and prospects for sustainable peace. The Confl ict
others, genocide in Rwanda, civil war in Burundi, and
Prevention and Risk Analysis Division of the Nairobi
cross-border confl ict in the DRC, all of which have been
Office of the ISS hosted this workshop on 12 and 13
exacerbated by illegal armed groups from within and
September 2011 at Hotel La Mada, Nairobi, Kenya.
outside the region. The regional dimensions of these
The regional scope of this particular workshop was
confl icts, such as illegal armed groups fighting proxy
largely limited to issues pertinent to four countries,
wars across borders, have contributed to their protracted
namely Burundi, Rwanda, Uganda and the Democratic
nature as the actors and associated issues shift bases.
Republic of Congo (DRC), and to a lesser extent Tanzania
Continued violent confl ict has resulted in humanitarian
and Kenya. It brought together approximately 35 key
crises, an upsurge of displaced populations and poverty
stakeholders from the respective countries drawn from
from loss of livelihoods and security. Significant themes
government, academia, development partners and civil
that have dominated the confl icts in the region include
society organisations (CSOs). Nine regional thematic
the illegal exploitation of natural resources, proliferation
presentations were made on the subjects of key drivers
of small arms and light weapons (SALW), illegal armed
and triggers of confl icts; small arms and confl icts; an
groups, sexual and gender-based violence, population
analysis of illegal armed groups; confl ict and sexual
displacement, and trans-boundary ethnicities. Despite
gender-based violence; natural resources and confl ict;
various efforts at resolution, the confl icts persist with
the role of regional bodies in promoting sustainable
profound effects on communities and stability in the
peace; forced displacement and confl ict; the regional
region.
implications of the confl icts on political, social and eco-
Tackling the unresolved regional dimensions of confl ict is crucial to the region’s progressive development
and for achieving human security for all. Given the challenges the various past efforts at confl ict resolution have
nomic development; and the human rights dimension of
the ICGLR.
The workshop concluded with a commitment from
participants to develop national and regional initia-
had to face, as well as the fluid dynamics of the confl icts,
tives that address root causes of confl ict and violence;
it is important that the various dynamics that inform
promote inclusive democracy, good governance and
the confl icts are continuously examined so as to be able
state capacity; enhance justice, human rights and the
to elaborate on and contribute to better informed and
rule of law; strengthen regional capacities; and promote
sustainable interventions. The International Conference
the judicious use of shared natural resources. Following
on the Great Lakes Region (ICGLR), Regional Centre on
this workshop, the ISS was charged with coordinating
Small Arms (RECSA) and Institute for Security Studies
a partners meeting to articulate a regional roadmap for
(ISS) have been variously engaged with different aspects
sustainable peace in the Great Lakes Region in order to
of the confl icts in the region. To this end the three
promote better coordination and coherence of existing
institutions organised a regional workshop to deliberate
initiatives and address identified challenges and gaps.
ISS Workshop Report
v
Summary of workshop
presentations
Nine thematic presentations were made at the work-
this particular theme of confl ict are most evident in
shop in the sequence below. The five complete papers
the spillover effects of SALW proliferation across state
presented follow in the next section.
borders hindering post-confl ict development. Estimates
of the number of illegal SALW in circulation are not
Key drivers and triggers of conflicts
in the Great Lakes Region
Andrews Atta-Asamoah
Institute for Security Studies
reliable. Tackling the problem of SALW proliferation
is compounded by the fact that misuse of SALW is
symptomatic of other root causes of confl ict such as
poverty, youth unemployment, and political and social
alienation. Thus, whereas SALW are a cause of immedi-
This presentation began with the assertion that while
ate concern in Great Lakes confl icts, mitigating their
confl icts in the Great Lakes region have achieved vis-
impact will require that other root causes of confl ict
ibility, they have been studied largely from a national
influencing the demand for illegal SALW in the region
rather than a regional perspective. The drivers and dy-
be addressed. SALW not only impact on the lethality
namics of confl ict in the region have become a regional
of confl ict – their long life span creates a potential for
security complex and, as such, a regional level of analy-
continued misuse even after a particular confl ict has
sis should be applied in order to capture the dynamics
been resolved. Regional initiatives to deal with the pro-
of this aspect of regionalisation. The presenter defi ned
liferation of SALW will require cooperation among law
drivers of confl ict as factors underlying or sustaining
enforcement agencies, comprehensive security sector
confl ict and identified six main drivers on the basis of
reform, and a shift from a focus on SALW to a long-
their relevant regional dimensions. These include the
term engagement with more holistic objectives such as
trans-national aspect of ethnicity; the politics of exclu-
good governance for stability and peace.
sion (political, ethnic and generational); state weakness, which creates governance and security vacuums;
the presence of exploitable fungible natural resources
which feature in war fi nancing; greedy actors; and
proliferation of small arms and light weapons (SALW).
Analysis of illegally armed groups
in the Great Lakes Region
Singo Mwachofi
International Conference on the Great Lakes Region
Looking at the Great Lakes Region as a regional security
complex will be a strategy to target regional drivers
This analysis of illegally armed groups categorised the
of confl ict while simultaneously mitigating against
groups as either rebel movements or militias. Rebel
national drivers of confl ict.
movements are defi ned as groups based in one or more
foreign countries and who take up arms against a gov-
Small arms and conflicts in
the Great Lakes Region
Francis Wairagu
Regional Centre on Small Arms
ernment for political, economic and ideological reasons,
while militias are illegally organised groups operating
in a defi ned territory within a particular state and
pursuing political or economic goals. The prevalence
of illegal armed groups in the Great Lakes Region is in
The presentation highlighted how the proliferation of
part due to the history of violent confl ict and subse-
SALW in the region has increased the violent nature of
quent proliferation of SALW in the region. Three main
confl ict. Owing to their legitimate use by governments,
illegal armed groups in the region operate outside their
SALW cannot be prohibited – yet their misuse has
countries of origin. They are the Forces Démocratiques
become a burden to the region and demands urgent
de Libération du Rwanda (Democratic Liberation Forces
multifaceted solutions. The dynamics of proliferation
of Rwanda, FDLR) from Rwanda in the eastern DRC; the
include supply, demand and misuse, with misuse being
Lord’s Resistance Army (LRA) in the eastern Central
the major element of concern. Regional dimensions of
African Republic, north-western DRC and southern
vi
Institute for Security Studies
Compiled by Nyambura Githaiga
Sudan; and the Allied Democratic Forces (ADF) in the
networks, trade in illegally exploited natural resources,
eastern DRC. In addition to the rebel movements, local
and interstate confl ict over shared natural resources.
militia groups such as the Mai Mai Cheka, Mai Mai
Though curbing the links between regional natural re-
Kifuafua, Mai Mai APCLS, Mai Mai Pareko and Mai Mai
sources and confl ict demands a regional solution, there
Yakutumba are active in the eastern DRC. These illegal
is a challenge to the will and capacity of the respective
groups capitalise on the breakdown of rule of law and
nation states to domesticate and enforce regulations to
survive largely through illegal exploitation of natural
address the role of natural resources in these confl icts.
resources, extortion, and raiding of villages. Although
However, there is a growing global awareness of the
there are various reasons for the formation of these
negative impact of confl ict which is fi nanced by natural
groups (for instance political rebellion), their illegal
resources and the ongoing imposition of stringent inter-
modes of sustenance are characterised by human
national standards on exploitation and trade. Countries
rights violations such as rape, abduction, murder,
in the region will need to act quickly in order to fore-
plunder and pillaging. In addition their presence has
stall the adverse effects that implementation of these
aggravated humanitarian crises in confl ict areas, aug-
standards may have on the natural resource-dependent
mented proliferation of illegal SALW, and exacerbated
economies in the region.
the illegal exploitation and trafficking of people and
natural resources. The regional dynamics of illegal
armed groups in confl icts in the region has negatively
affected regional interstate relations on multiple levels
and therefore concerted regional strategies should be
Forced displacement and conflict
in the Great Lakes Region
Dr Khoti Kamanga
Centre for the Study of Forced Migration
applied to alleviate the vulnerability of populations and
strengthen interstate cooperation.
The term ‘forced displacement’ best captures the
forms of human mobility that have the greatest impact
Natural resources and conflict
in the Great Lakes Region
Nyambura Githaiga
Institute for Security Studies
on confl ict. These include forcibly displaced asylum
seekers, all cadres of refugees, and internally displaced
persons (IDPs). The term ‘refugee’ is used with reference to rejected asylum seekers, irregularly settled
persons, naturalised but not integrated individuals,
There are both direct and indirect links between
undocumented persons, returnees, and those being
natural resources and confl ict in the region. Direct
repatriated. With the impact of regionalisation adding
links refer to two or more states which fight over the
fresh impetus to forced displacement and migration,
exploitation of natural resources that are present along
there is a decline in the number of refugees and an in-
common borders and indirect links to the illegal ex-
crease in irregular migrants due to human trafficking,
ploitation of natural resources which are then used to
smuggling, and hostile environmental and climatic con-
fi nance confl icts in the region. Taking precedence has
ditions. The response to these mixed migration flows
been the role of revenue-generating, non-renewable,
has been heightened by restrictionism, securitisation
lootable natural resources in the regionalisation of
of asylum, and the collapse of asylum and immigration
insecurity, proliferation of SALW, violent confl ict, and
systems. In the region, the nexus between displace-
regional smuggling networks. The regional dynamics
ment and confl ict has been a vicious, self-perpetuating
between natural resources and confl icts have created a
circle with a violent confl ict producing IDPs and refu-
security complex owing to contextual challenges such
gees. These increase social pressure, thereby creating
as the multiplicity of actors and motivating factors;
internal and regional tensions as grounds for further
governance challenges from a weak state presence,
confl ict. Displacement accordingly engenders confl ict
failed regulation enforcement and poor infrastructure;
directly and indirectly. Underlying the phenomenon of
the state of the mining industry, which is largely
violent confl ict and forced displacement are localised
informal and unregulated; and the prevalence of armed
challenges of governance, socio-economic equity, geo-
groups in the region as well as their use of natural
politics, environmental degradation, and climate-cop-
resources to fi nance confl ict. As a result, natural
ing strategies. The protracted refugee situation in the
resources that should benefit the region have been
Great Lakes Region should be acknowledged and greater
exploited illegally to fi nance confl ict in the absence of
resources directed towards achieving a greater coher-
the rule of law. The regional dimensions of natural re-
ence between policy, law and practice with a balance to
sources in confl ict are exemplified by the cross-border
be attained between border control management and
activities of illegally armed groups, regional smuggling
the legitimate protection needs of migrants.
ISS Workshop Report
vii
Regional dimensions of conflict in the Great Lakes
Bridging the Great Lakes: implementing the
human rights dimension of the International
Conference on the Great Lakes Region
Dr Isabell Kempf
Regional Human Rights Adviser, UN-OHCHR, ICGLR
will have negative implications on their contribution
towards regional growth and development. Although
the definition of SGBV includes (attempted) rape, sexual
abuse and exploitation, forced early marriage, domestic
violence, trafficking and female genital mutilation, this
presentation focused on the two aspects of rape and
Recognising that national confl icts and human rights vio-
sexual violation. A three-pronged approach in combating
lations in the Great Lakes Region have a regional dimen-
SGBV is based on fighting impunity, assisting victims and
sion is closely related to the interconnectedness of people
preventing violence. Most of the focus has been on fight-
in the region such that instability in one country affects
ing impunity and assisting victims, with little strategic
its neighbours. Institutions such as the International
interventions on preventing SGBV. Research on SGBV in
Conference on the Great Lakes Region (ICGLR) serve as
the region indicates a high incidence of mass rapes of
entry points for the promotion and protection of human
women, men and children by armed gangs or civilians as
rights in the region. The ICGLR Pact on Security, Stability
a result of rituals, revenge attacks and ethnic cleansing.
and Development in the Great Lakes Region addresses
The social stigma associated with SGBV has resulted in a
the root causes of violent conflicts in the region through
great number of cases going unreported, particularly in
certain human rights protocols and projects. These
the case of male victims of SGBV. Also, legal instruments
include the fight against sexual violence, the rights of
against SGBV seem to ignore the protection of men. This
internally displaced and returning populations, the
has meant that the victims continue in dysfunctional
fight against illegal exploitation of natural resources,
lives with psychosocial and bodily trauma affecting their
a regional centre on good governance, democracy and
capacity to engage in productive livelihoods. It is widely
human rights (including a human rights observatory),
believed that SGBV is rampant due to impunity but
the prevention of genocide, the fight against impunity,
prosecution and punishment are only part of the solu-
and election monitoring. Challenges exist with regard
tion. Attention needs to be paid to preventing SGBV by
to the upholding of human rights because of a lack of or
seeking to address the root causes of SGBV in the Great
weakness of independent national human rights institu-
Lakes Region. Within the region, the context of violent
tions and organisations. An issue which needs to be ad-
conflict introduces for some an atypical lifestyle that is
dressed is whether to pursue peace and reconciliation at
characterised by the use of force to fulfil needs in the
the cost of justice to the victims of violations, in view of
absence of the rule of law. Instruments of the ICGLR such
the fact that human rights violations and impunity fuel
as the protocols on SGBV, non-aggression, natural re-
insecurity and are likely to lead to a renewal of conflict.
sources and genocide prevention all contribute to dealing
In the absence of strong and active national independent
with systemic issues surrounding SGBV to enhance the
human rights institutions, monitoring of human rights
prevention of this form of violence.
violations on a regional scale becomes problematic.
Efforts on the part of the ICGLR to improve the situation with regard to human rights in the region include
the facilitating of best practices and strengthening of
regional fora on joint human rights monitoring systems
through workshops and projects, as well as establishing
Regional implications of conflicts
on political, social and economic
development in the Great Lakes Region
Dr Frank Muhereza
Centre for Basic Research
a Regional Centre for Democracy, Good Governance,
Human Rights and Civic Education for the Great Lakes
The interconnectedness of armed confl icts in the Great
Region to enhance conflict prevention and early warning
Lakes Region has had an impact on the economic,
based on human rights monitoring.
political and social spheres of the region. Elements of
interconnectedness in the region include territorial con-
Conflicts and sexual and
gender-based violence
Nathan Byamukama
International Conference on the Great Lakes Region
tiguity, trans-boundary resources, and trans-national
ethnicities. Every confl ict in the region is linked to at
least one or several others in terms of causes, actors
or the interests of the actors and purveyors of confl ict.
Regionalisation of armed confl ict is evident in the
The rising occurrence of sexual and gender-based vio-
transnational operations of armed groups, composition
lence (SGBV) in conflicts within the Great Lakes Region is
of fighting forces, regionalisation of military agendas,
of grave concern. The damaging long-term psychosocial
the flow of refugees, and externalisation of internal
impact of SGBV on affected women, men and children
confl icts. The direct costs of armed confl ict in the region
viii
Institute for Security Studies
Compiled by Nyambura Githaiga
are felt in reduced domestic capital formation, losses
in cumulative gross domestic product, destruction of
infrastructure, and diversion of state fi nancial capital
from productive use to confl ict-related spending on
military, medical and humanitarian needs. The indirect
The role of regional bodies in
promoting sustainable peace
in the Great Lakes Region
Dr Connie Mumma-Martinon
Consultant Researcher
economic costs of confl ict include a loss of state revenue
due to illegal exploitation by confl ict entrepreneurs, en-
Regional bodies that are active in the Great Lakes Region
vironmental and natural resource degradation, reduced
(specifically Burundi, the DRC, Rwanda and Uganda)
regional trade, the burden of refugee influx and dysfunc-
include the International Conference of the Great Lakes
tional service delivery, all of which entrench poverty.
Region (ICLGR), the East African Community (EAC),
Politically, the regional implications of confl ict have been
the Economic Community of Central African States
felt in the undermining of diplomatic relations, destruc-
(ECCAS), the Economic Community of the Great Lakes
tion of state institutions (which in turn contributes to
Countries (CEPGL) and the Common Market for Eastern
state fragility), unduly competitive military spending on
and Southern Africa (COMESA). Most of these bodies
self-defence, and the confluence of intra- and interstate
were initially established to promote economic growth
armed confl ict and trans-boundary human rights viola-
and regional integration but have now expanded their
tions. On the social front, regional implications of con-
mandate to include security issues. The success of these
fl ict have been the impact of sexual and gender-based
regional bodies has been challenged by the intractable
violence on women, men and children, the psychosocial
and protracted confl icts in the region, a heavy depend-
effects of confl ict trauma, population displacement,
ence on donor funding, weak institutional capacity,
and intensified vulnerability through limited access to
slow decision-making processes, the multiplicity of
social services. Some of the challenges faced by inter-
bodies with a lack of strategic harmonisation, a lack of
vention actions to mitigate regional implications are a
accountability to civilians most impacted by confl icts,
lack of internal democracy and political governance of
and a lack of coherence in the understanding of and
member countries, confl ict drivers that originate from
approaches to resolving confl icts in the region. National
outside the Great Lakes Region, a multiplicity of regional
challenges of member countries also have a bearing on
frameworks and political commitment of members
the efficacy of these regional organisations with varying
states to these frameworks, as well as contradictions
state capacities for implementing the rule of law, the
in Western interventions such as the ‘right to protect’.
presence of weak governance structures, and a decline
Member countries should strive to deepen democratic
in public services. There is a need for regional bodies to
reforms and address poverty and other conditions that
implement better-coordinated strategies to deal with
have driven populations to resort to violent confl ict.
the regional dimensions of Great Lakes confl icts. This
Regionally, the countries should improve cross-border
should begin with a more coherent understanding of
cooperation and further economic integration projects
the root causes of confl icts in the region and common
and harmonisation of relevant policy frameworks.
approaches for its mitigation. The regional bodies must
Efforts should be made to increase investment in visible
enhance their capacity to implement regional protocols
interdependence and support for bilateral stability for all
and support member states in domesticating and popu-
countries in the Great Lakes Region.
larising these frameworks.
ISS Workshop Report
ix
Workshop papers
Small arms and conflicts in the Great Lakes Region
Francis K Wairagu
Natural resources and conflict in the Great Lakes Region
Nyambura Githaiga
Forced displacement and conflict in the Great Lakes Region
Dr Khoti Kamanga
Bridging the Great Lakes: implementing the human rights dimension
of the International Conference on the Great Lakes Region
Dr Isabell Kempf
The role of regional bodies in promoting sustainable
peace in the Great Lakes Region
Dr Connie Mumma-Martinon
Small arms and conflicts in
the Great Lakes Region
Francis K Wairagu
Regional Centre on Small Arms
INTRODUCTION
the exact number of illegal weapons in circulation any-
The proliferation of small arms and light weapons
reluctant to quote any figures. The fact that the firearms
(SALW) has a great negative impact on violent confl ict
are held illegally makes it difficult to collect reliable data
situations. The illicit trade in SALW occurs in all parts of
from those who hold them. It is also worth noting that
the globe, but is concentrated in areas affl icted by armed
these figures apply to firearms and that estimates of
confl ict, violence, and organised crime, in other words
most other types of SALW remain elusive.
where the demand for illicit weapons is often highest.
where, and therefore researchers and other bodies are
Small arms are involved in the vast majority of direct
Arms trafficking fuels civil wars and regional con-
confl ict deaths worldwide and, more than ever, civilian
fl icts; stocks the arsenals of terrorists, drug cartels, and
populations – increasingly children – bear the brunt of
other armed groups; and contributes to violent crime.1
armed confl ict. These weapons are not only broadly used
The trafficking in and easy availability of SALW fuel
in interstate confl icts, but are also the weapons of choice
instability and confl ict and pose a threat to sustainable
in civil wars, for terrorism, organised crime, piracy
development in affected countries.
and gang warfare.3 The most commonly used weapons
Over the years, the Great Lakes Region of Africa has
in Africa’s confl icts are Kalashnikov assault rifles. The
suffered enormously from confl ict and armed violence.
vast majority of these weapons and their ammunition –
The proliferation and misuse of SALW have therefore
perhaps 95 per cent – come from outside Africa.4
placed tremendous burdens on the region and require
The proliferation of small arms in some parts of the
urgent multifaceted and multisectoral solutions. The
Great Lakes Region dates back to the pre-colonial period
fact that these weapons have legitimate military, police
when slave traders and seekers of treasures such as
and civilian uses related to state security provision and
ivory and minerals exchanged arms for some of these
maintenance of law and order alongside self-protection
commodities. The liberation wars against colonialism
renders their prohibition undesirable and unrealistic.
brought a new wave of proliferation with the worst
As most illicit arms start their lives as licit stocks
period during the Cold War, when regimes within the
under authorised agents, the current trend in addressing
region were pitted against each other and supplied with
SALW-related challenges is to control and manage both
weapons by the side they supported. The post-Cold War
licit and illicit SALW rather than eradicate them.
period triggered another flow as regimes sustained
Small Arms Survey research shows that there are at
by the bipolar system collapsed as democratisation
least 875 million combined civilian, law enforcement,
and new governance systems emerged in the region.
and military firearms in the world. The majority of
Elements of this last phase are still a challenge to
global firearms – roughly 75 per cent of the known total
governance and the rule of law in some of the states in
– belong to civilian owners.2 The most common figures
the region.
on gun ownership often are personal estimates by
While SALW proliferation plays a significant role in
knowledgeable observers whose impressions are useful,
the sustenance and severity of confl icts, the confl icts
but may differ dramatically. It is difficult to establish
in the region are driven by a combination of factors,
ISS Workshop Report
3
Regional dimensions of conflict in the Great Lakes
including historical disputes over territory and current
The dynamics of arms illicit proliferation revolves
disputes over national governance and the distribution
around three aspects, namely supply, demand and
of state resources. The easy availability of weapons
misuse. This is a critical departure from the dominant
makes it more likely that potential belligerents will
supply versus demand arms control dichotomy because
choose violence and not negotiation as the way to
the mere presence (supply) of arms and the desire to
pursue their grievances. The abundance of arms has
possess them (demand) do not in itself pose a problem
contributed to the severity, duration and geographic
– it is when arms are misused in confl icts and criminal
scope of recent wars. In this sense, the proliferation
activities that they become an issue. Over-concentration
of arms is a significant factor in the dynamics of
on the illicit arms trade can be misleading because it
contemporary confl ict.5
cannot be adequately isolated from other types of transfer such as authorised and diverted sales.8
DEFINITION OF SMALL ARMS
AND LIGHT WEAPONS AND
PROLIFERATION DYNAMICS
Small arms do not proliferate by themselves. They
are designed, produced, and procured in response to
demand by governments and/or civilians. They are sold,
re-sold, perhaps stolen, diverted, and maybe legally or
While international agreement on a definition for small
illegally transferred several more times. Ultimately, they
arms and light weapons has proved elusive, there is a
are used and re-used, during and after confl ict. At each
general, working definition that can be drawn upon.
juncture in this complex chain of legal and illicit trans-
Small arms are weapons that are designed for individual
fers, people, brokers, insurgents, criminals, government
use and include pistols, sub-machine guns, assault rifles
officials, and/or organised groups are active participants
and light machine guns. Light weapons are designed
in the process. Regulation and control of these weapons
to be deployed and used by a crew of two or more and
must proceed from this simple fact.9
include grenade launchers, portable anti-aircraft and
anti-tank guns and missile launchers, recoilless rifles
and mortars of less than 100 mm calibre.6 The Nairobi
Protocol, which is a regional instrument for arms control,
HISTORICAL CONTEXT OF SALW
PROLIFERATION IN THE REGION
defines small arms as weapons designed for personal
The use of weapons in human confl icts dates from time
use, such as light machine guns, sub-machine guns,
immemorial. The use of SALW within the Great Lakes
including machine pistols, fully automatic rifles and
Region is the result of advances in war technology.
assault rifles, and semi-automatic rifles. These include
While first used for hunting elephant and other wild
any portable barrelled weapon designed to expel or may
animals for their trophies and for self-protection by Arab
be readily converted to expel a shot, bullet or projectile
traders, the fight alongside the colonial regimes during
by the action of an explosive, and any other weapon or
World War I and II introduced arms among the regional
destructive device such as an explosive bomb, incendiary
population, albeit in small numbers. The challenge is
bomb or gas bomb, grenade, rocket launcher, missile,
that most firearms long outlive the confl icts they are in-
missile system or mine. Small arms also include ‘ammu-
troduced for, however. There are, for example, still some
nition’, meaning the complete round or its components,
remnants of WWII firearms in circulation in the region.
including cartridge cases, primers, propellant powder,
bullets or projectiles that are used in a small arm or light
Many factors, both internal and external, have con-
weapon plus any components, parts or replacement parts
tributed to the run-away culture of violence that is
that are essential to its operation. Light weapons, on the
tearing African States apart. The SALW debate can best
other hand, are defined as portable weapons designed for
be appreciated if placed at the point of intersection
use by several persons serving as a crew. They include
between the internal governance processes and the
heavy machine guns, automatic cannons, howitzers,
external influences that shape them. For example, it is
mortars of less than 100 mm calibre, grenade launch-
true to say that the post-cold war phase of globaliza-
ers, anti-tank weapons and launchers, recoilless guns,
tion characterised by the hegemony of the market
shoulder-fired rockets, anti-aircraft weapons and launch-
and liberal democracy constitutes a major vehicle
ers, and air defence weapons.7 It is notable, however,
of structural violence in the developing world, not
that these definitions are limited in light of the current
least in Africa. That notwithstanding, the weakening
technological advancement where larger weapons can be
effect of globalisation on the African State should be
operated by a single person or remotely controlled. There
seen as exerting only an exacerbating but subordi-
is therefore a need to further interrogate the current
nate impact on the collapse of internal governance.
‘working’ definitions of SALW.
Consequently, the spread of weapons and intractable
4
Institute for Security Studies
Compiled by Nyambura Githaiga
violence across Africa should be contextualised
to internal civil wars in the recent past. These spilled
within the post-colonial state building project.10
over into the territories of neighbouring states, thus
taking on a regional dimension.
A major supply of SALW in the region remains the
These confl icts and the corresponding insecurity
stockpiles that were pumped into Africa in the 1970s and
have generated a strong demand for SALW: ordinary
1980s by the former Soviet Union, the US and their allies
civilians have sought arms to protect themselves in the
to fan proxy interstate wars. These leftover weapons
absence of formal state protection. In situations where
have found their way through clandestine networks in-
states as well as other groups are players in the confl ict,
volving rogue arms brokers, private military companies,
all sides distribute weapons to civilians.12
shady airline companies and local smugglers to exacer-
The proliferation of light weapons in Africa poses a
bate ongoing confl icts and facilitate the commencement
major threat to development. Their low cost, ease of use
of new ones in the continent.11 Subsequent instability in
and availability may escalate confl icts, undermine peace
the orphaned regimes contributed to the acquisition of
agreements, intensify the violence and impact of crime,
new supplies as they sought to retain power. The search
impede economic and social development, and hinder
for cheap markets to open routes for companies in the
the development of social stability, democracy and good
Eastern Bloc has lowered the price of SALW.
governance.13 In Africa guns are not just the weapons of
The democratisation wave of the 1990s in the continent affected the Great Lakes Region as well. In most
choice, but also weapons of mass destruction.14
The availability and misuse of weapons may have a
cases, post-independence regimes held on to power
range of indirect impacts, many with life-threatening
through manipulation and dictatorial tendencies, trig-
potential. These include the displacement of civilians;
gering internal instability in some of these countries.
the militarisation of refugee camps; the erosion of sus-
This, in turn, has led to SALW proliferation, even today.
tainable development; the restriction of access to health
As some of these regimes fought for survival they
services, education, and food security; land denial; and
recruited militias and tribal gangs as political armies.
contributing to obstructions in humanitarian assistance
These were supplied with arms without demanding
as well as to development and health workers.15 A recent
any accountability. This even challenged disarmament
study by Oxfam and other civil society organisations
processes, because it proved impossible to determine the
estimated that besides the obvious human tragedy
number of weapons that should be targeted.
The historical marginalisation of communities
related to confl icts, armed confl ict costs Africa around
US$18 billion per year, thus seriously derailing develop-
or areas considered peripheral to the state in some
ment.16 It may be deduced that confl icts are a major
countries has generated insecurity in such areas and
contributor to poverty levels within the affected regions
communities. They responded by arming themselves in
and countries.
order to protect their lives and livelihood. This is best ex-
It is the duty of all sovereign states to ensure public
emplified by the situation in most pastoral communities
safety and such states should have a vested interest in
and semi-arid areas in the Horn of Africa region and in
providing human security for the development of their
some areas within the Great Lakes Region. The presence
citizens. They have the task of responsibly securing
of arms within such regions has created a culture of
weapons in the hands of police and armed forces to
armament in communities where masculinity is defi ned
ensure that state stockpiles are not accessible to the
by the possession of arms.
wrong people. Moreover, in terms of social contract
The approach to addressing the diverse driving
theory, they have an obligation to protect citizens and
factors to illicit arming must be broad enough to cater
their property against confl icts or threats. Therefore,
for the wide variety of prevailing factors and circum-
ensuring that privately owned small arms do not enter
stances within the region. Political interventions will
the illicit circuit has to be part of the equation for
work where the driving factors are political in nature
every government.17
while marginalisation and exclusion have to be ad-
In confl ict situations human lives are wasted as
dressed through improved governance and accountabil-
young people devote their energy to confl icts that
ity to the populations and established institutions.
contribute to deaths at all levels of society. In addition to
these largely preventable deaths, hundreds of thousands
SMALL ARMS AND CONFLICTS
of people who survive armed violence are left with inju-
The Great Lakes Region has endured numerous armed
Providing health care to those with injuries depletes the
confl icts over the past decades. The dynamics of the
capacity of communities to meet daily responsibilities
confl icts has shifted from intrastate confl icts in the past
such as food security and education.
ISS Workshop Report
ries, permanent disability, and mental health problems.18
5
Regional dimensions of conflict in the Great Lakes
In post-conflict situations, small arms proliferation
phase and nations otherwise nominally ‘at peace’,
significantly hinders the post-conflict development
armed violence can aggravate poverty, inhibit access to
process. Foreign investment may be limited because of
social services, and divert energy and resources away
continued violence and a perception of instability. When
from efforts to improve human development. Countries
large segments of the infrastructure and economy are
plagued by armed violence in situations of crime or
destroyed during conflict, countries rely on the assist-
confl ict often perform poorly in terms of the Millennium
ance of the international community for reconstruction.
Development Goals.21 Addressing small arms prolifera-
If they do not have confidence in the security of a com-
tion and the related armed violence is thus addressing
munity, investors may be hesitant to provide develop-
the causal factors of underdevelopment and poverty.
ment funds. It may simply be too expensive to guarantee
There is broad acceptance that certain socio-economic
the security of workers and protect development projects.
conditions increase the likelihood of armed violence and,
Many small arms remain in circulation and in the
therefore, increase demand for weapons. Responding to
hands of former combatants at the end of hostilities.
these root causes, however, can be a challenge, as core
They are often used in armed criminal violence and
elements of this agenda – poverty alleviation, youth em-
perpetuate instability. Some countries in the region have
ployment and social alienation, among other issues – are
seen a rise in armed criminal violence once a confl ict
elusive development objectives.22
officially ends. The power of the gun easily translates
to individual power and explains the drive to get
things from others violently. Many former combatants
become viable candidates for criminal activities because
THE IMPACT OF SMALL ARMS
IN CONFLICT SITUATIONS
they lack mechanisms to address the psychosocial
While it is difficult to separate the impacts of small
stress and related depression caused by exposure to
arms in confl ict situations from the confl ict itself, it is
extreme violence.
possible to identify the legacy of small arms in armed
Long-term social suffering, while less quantifiable,
confl ict. The long life span of arms means they continue
in equal measure affects the future of confl ict-prone
to be available long after the confl ict for which they
countries and regions. Families may be torn apart,
were acquired has ended. If they are not collected and
children orphaned, and social and economic support
destroyed, they move to new areas of demand in cases
systems disrupted by confl ict and violence. Schools,
where there are instability or are used for criminal
universities and skills-training programmes may be
activities after an armed confl ict is over. Whatever the
unable to operate because of violence, lack of personnel,
circumstances, any misuse of arms creates insecurity
or lack of resources. Such conditions seriously harm
and hinders the complete appreciation of social living.
the ability to rebuild and provide the next generation
19
with opportunities.
Small arms are cheap, light and easy to handle,
Where arms are used for criminal activities, they
intensify the lethality of attacks and instil fear in the
population. Governments respond by diverting limited
transport and conceal. While an increase in small arms
resources to fighting criminal elements at the expense
alone may not create the confl icts in which they are
of other essential social services such as education and
used, their excessive accumulation and universal avail-
health. Communities respond to the situation by invest-
ability tends to aggravate confl icts by increasing not
ing heavily in self-protection services such as private
only the lethality and duration of violence but also the
security and deterrences such as electric fencing and
sense of insecurity which leads to a greater demand for
alarm systems. The end result is a lower quality of life
20
weapons. The fact that small arms are cheap and easily
in affected communities. It has even happened in some
available makes it easy to acquire them. The tendency of
pastoralist communities that government-armed home-
those with new weapon arsenals to provoke parties that
guards turned against their own communities in raiding
are considered weak exacerbates violence. People arm
or banditry activities.
themselves in order to counter threats from perceived
In situations of armed confl ict, social services or
enemies, thus creating a circle of demand and confl ict to
humanitarian interventions and assistance are often
test each other’s capacities and capabilities.
withdrawn when the lives of service providers are
Armed confl ict is the main cause of people fleeing
endangered. This exposes the affected communities to
their homes and is now the most common cause of
food insecurity, lack of health services, lack of education
food insecurity as productive land is abandoned and
services as institutions close down, and withdrawal
capable individuals are relocated to unproductive areas
of local capacity as professional people seek alterna-
or engagements. For countries in the midst of long-term
tive areas of operation. As such capacities take long to
confl icts as well as states in crisis or in a post-confl ict
rebuild, this effectively slows down development.
6
Institute for Security Studies
Compiled by Nyambura Githaiga
The costs of accumulating sufficient arms and am-
control of illicit arms proliferation, related challenges in
munition to sustain confl icts (especially internal ones
implementation and opportunities for cooperation and
where there is no external support) are great. The ac-
assistance to affected states and regions. While globally
quisition of arms and ammunition for self-preservation
accepted and under implementation in most parts of
or to sustain the confl ict impoverishes the affected
the world, the instrument is only politically binding.
communities. In areas where rebel groups operate,
This means there are no mechanisms of challenging
the plundering of villages and business enterprises, as
countries that do not comply with its provisions. This
well as medical facilities to cater for the fighters in the
has not stopped affected countries and regions from
forests, reverses any advances made.
pursuing the aspirations resorting under the arrange-
As the misuse of small arms leads to loss of lives
ment, however.
and hinders social and economic development, the fight
The African continent has been at the frontline in
against illicit small arms accumulation is a fight against
seeking solutions to the challenges related to illicit small
poverty, under-development, social disintegration, and
arms circulation and accumulation. In preparation for
poor health. Small arms control therefore goes beyond
the UN conference, African Union member states met in
the borders of security concerns and encompasses
Bamako, Mali, to establish a common position on tack-
the whole spectrum of human survival. While it is
ling the problem of illicit SALW proliferation, circulation
acknowledged that states must continue to bear arms
and trafficking. This position later became known as the
for sovereignty protection and maintenance of law and
Bamako Declaration on an African Common Position
order, this has to be accompanied by appropriate stock-
on the Illicit Proliferation, Circulation and Trafficking
pile management to ensure that government stocks do
of Small Arms and Light Weapons. The Bamako
not feed the illicit markets.
Declaration calls on member states to strengthen existing control measures and makes recommendations to
The secure management of national small arms stock-
be undertaken at both regional and national levels.25
piles is instrumental in curbing small arms prolifera-
This African common position was quite influential in
tion. Poor stockpile security is a prime means through
guiding discussions at the UN meeting of 2001 that came
which arms and ammunition are diverted from the legal
up with the UNPoA.
to the illicit markets. Lax security makes theft easy.
Corrupt officials may sell or otherwise transfer weapons
under their care to criminal groups or rebel forces.
Regional level
Stockpile security is especially precarious in states
At regional level, four instruments have been developed
suffering from violent confl ict or weak governance.23
and institutions established to lead signatory states in
their pursuit of the Bamako aspirations. These include:
INTERNATIONAL AND REGIONAL
INSTRUMENTS ON SALW CONTROL
■
The Economic Community of West African States
(ECOWAS) Convention on Small Arms and Light
The serious challenge posed by SALW proliferation
Weapons, Their Ammunition and other Related
has been acknowledged by the introduction of interna-
Materials (2006). The ECOWAS Convention
tional, regional and national instruments to address
evolved from the politically binding 1998 ECOWAS
related problems.
Moratorium on Light Weapons and entered into
force in November 2010. The implementation of
the convention has been entrusted to the ECOWAS
International level
At international level we have the United Nations
Commission.
■
The Southern African Development Community
Programme of Action to Combat and Eradicate the
(SADC) Protocol on Control of Firearms, Ammunition
Illicit Trade in Small Arms and Light Weapons in All Its
and Other Related Materials (2001). The imple-
Aspects (UNPoA). The UNPoA provided guidelines and
mentation of the protocol has been entrusted to
recommendations for states aimed at strengthening and
the Southern Africa Police Chiefs Cooperation
implementing stronger national and regional controls
over SALW. States that committed themselves to the
Organisation (SARPCCO).
■
The Nairobi Protocol for the Prevention, Control and
process were also encouraged to submit annual reports
Reduction of Small Arms and Light Weapons in the
to the United Nations on progress made in implementing
Great Lakes Region and the Horn of Africa (2004)
24
these controls. Under this arrangement the global com-
(it emerged from the politically binding Nairobi
munity gathers biannually to consider progress in the
Declaration of 2000). The implementation of the
ISS Workshop Report
7
Regional dimensions of conflict in the Great Lakes
■
protocol has been entrusted to the Regional Centre
the appropriate response to the prevailing situations. A
on Small Arms in the Great Lakes Region, Horn of
key factor in the analysis is usually the drivers of small
Africa and Bordering States (RECSA).
arms demand or proliferation. Confl icts or situations of
The Central African Convention for the Control of
instability are thus addressed in NAPs. A five-year plan
Small Arms and Light Weapons, their Ammunition,
is then drawn up and approved by the national authori-
Parts and Components that can be used for their
ties for implementation. Legal regimes play a crucial
Manufacture, Repair and Assembly, known as the
role in spawning or averting confl icts. Similarly, the
Kinshasa Convention, was signed on 19 November
prevailing legal structures in a country determine the
2010 in Brazzaville. (It is yet to be ratified by the
extent to which SALW proliferation can be controlled. To
signatory states.) Implementation has been entrusted
address this crucial aspect, Nairobi Protocol signatories
to the secretariat of the Economic Community of
in the region are called upon to bring their legislation
Central African States (ECCAS).
in line with the regional instruments. This far, Rwanda
and Burundi have introduced small arms legislation that
The current major gap in all four regions is to earn the
conform with the regional instruments while the DRC,
relevant attention and prioritisation by governments in
Ethiopia, Tanzania, Uganda and Kenya are at various
resource allocation by clearly linking the urgent need to
stages of the review process.
prevent, combat, and eradicate the illicit manufacturing
In post-confl ict settings, the immediate destruction
of and trafficking in firearms, ammunition, explosives
of surplus weapons and ammunition removes fuel for
and other related materials to the harmful effects they
new instability. The Great Lakes Region has undertaken
have on the security of states and the region as a whole.
the destruction of more than 200 000 arms with the DRC
taking the lead in the destruction of over 90 000. The
INITIATIVES TO ADDRESS SALW
IN THE GREAT LAKES REGION
AND HORN OF AFRICA
debate whether the collected/surrendered arms should
In view of the evident challenges that the Great Lakes
were not collected to reinforce government capacity but
and Horn of Africa regions continue to face, coupled with
because government is convinced they are unneeded.
commitment to regional instruments and mechanisms to
address SALW, some interventions are worth pointing out.
Most of the countries that subscribe to the Nairobi
be destroyed or re-issued for use by regular government
forces is ongoing. The regional position is that they
should be destroyed to convince the public that they
Stockpile management and control has emerged as
one of the most acute small arms problems. A major
source of illicit stockpiles is the government legitimate
Protocol have established national focal points (NFPs).
stocks through theft, losses, distribution by govern-
These are national coordination units or points of
ments to militia forces, and diversion of government
contact mandated to liaise nationally and regionally
stockpile by brokers, among other methods. Leaking
with other stakeholders on addressing SALW issues. The
government stockpiles are prominent sources of illegal
NFP institutions differ in terms of mandate, staffi ng,
small arms in circulation. To address this concern and
budgetary allocation and capacity to influence action.
to enhance traceability, the region is undertaking an
Of major concern is the fact that some NFPs are not
arms marking initiative involving all government-held
integrated into institutions addressing confl icts and
stocks and civilian-licensed arms. This has been on the
peacebuilding mechanisms. To enable them to play their
go for the last two years and the response has been very
role in addressing illicit proliferation of SALW at national
encouraging. To back up this process RECSA has devel-
level, and thereby influencing the regional situation, the
oped stockpile data management software to enhance
above areas need to be addressed.
record-keeping, accountability, and security of records.
The United Nations Programme of Action (UNPoA)
and the Bamako Declaration call on states to develop national actions plans (NAPs) to comprehensively address
CONCLUSION
the challenges posed by SALW in their respective coun-
The challenges posed by the proliferation and misuse of
tries. In response to this call eight countries (Burundi,
small arms are complex and do not lend themselves to
Djibouti, the DRC, Eritrea, Kenya, Rwanda, Uganda and
simple solutions. With the failure of traditional security
Tanzania) have developed NAPs. Developing such plans
concepts to take into account the shifting nature of armed
entails nation-wide mapping studies to thoroughly
violence and the particular tools of violence, attention is
understand the small arms situation within the country
long overdue. As stated by the legendary Nelson Mandela:
concerned. The study reports are then shared and
’Safety and security don’t just happen: they are the result
discussions held with all key stakeholders to determine
of collective consensus and public investment.’26
8
Institute for Security Studies
Compiled by Nyambura Githaiga
The reinforcement of the legislative and/or regulatory
of sufficient staff to manage a national coordina-
regimes for strengthening border controls at national,
tion responsibility. NFPs should be given reporting
regional and multilateral levels is crucial in ensuring
mechanisms to gauge their effectiveness. They should
that the flow of arms and related material across most
be legally constituted to align their work with other rel-
of our regional porous borders is countered. States have
evant institutions of the government as avenues of con-
to enhance practical cooperation among institutions
fl ict prevention, confl ict management, and post-confl ict
that are responsible for the effective control of borders
reconstruction where peacebuilding is on course.
with a view to combating not only the illicit trade in
Isolating the fight against small arms proliferation
SALW but also related criminal activities. Investing in
from confl ict resolution, peacebuilding, disarmament,
security should happen in tandem with other develop-
demobilisation and reintegration (DDR), and security
ments as a way of securing any progress attained or
sector reforms (SSR) does not aid the process. There is
being pursued in other sectors of society. This may
a need to look at these as steps within a process that
call for a paradigm shift in security management and
should be comprehensive and well coordinated. In the
especially the demarcation of various specialised units.
case of confl ict resolution, choices need to be reached on
Law enforcement authorities should share and exchange
how belligerents will disarm in a process that does not
information regarding the movement across borders of
weaken any of the parties and thereby embolden one to
illicit small arms and other contraband goods. Barriers
attack the other. In peacebuilding processes, the removal
to information-sharing – for example among customs,
of arms should not be pursued as an end in itself but
immigration, police and border guards departments –
as a goal after sufficient confidence or accumulation
should be minimised if not eliminated.
of peace dividends among the communities or former
The Nairobi Protocol, in its Article 4 (operational ca-
warring groups has been achieved. DDR processes, while
pacity), emphasises that states parties shall strengthen
targeting former combatants and associated groups,
subregional cooperation among police, intelligence,
must also address armed individuals in communities
customs and border control officials in combating the
who do not fall in any of the DDR groups. Eventually SSR
illicit circulation and trafficking in SALW, establish
should entail the development and provision of reliable
and improve national databases and communication
and people-centred security that create an environment
systems, and acquire equipment for monitoring and
conducive to individuals entrusting their security con-
controlling small arms and light weapons movements
cerns to the government security apparatus.
across borders.27
While appreciating the great role played by the
The government of a country not only helps to
shape its economic development but is charged with
international community / development partners in the
providing the public good of security to its people. ‘High
fight against the proliferation of SALW, support should
levels of armed violence and illicit SALW proliferation
shift from short-term project orientation to long-term
in both confl ict-affected and non-confl ict societies are
engagement that creates sufficient ground for local
often signs of weak or unaccountable security sector.’29
ownership and involvement through sustained capacities
In view of the close relationship between governance
and institutionalisation.28 Investments in strengthening
and confl icts and their capacity to induce the misuse
border control mechanisms through the development of
of small arms and light weapons, governance improve-
laws, regulations, policies and practices, improvement
ment should be enlisted in the fight against small arms
of infrastructure, supply and upgrading of equipment,
proliferation and misuse. Challenges and problems faced
sharing of lessons learned, implementation of confidence-
by most governments are often due to lack of adequate
building measures among neighbouring countries, and
institutional capacity. This capacity refers to state
development of training programmes for personnel would
strength and how effective it is in the application of the
go a long way in solidifying the gains already made.
rule of law, the acceptance of its concept and authority
Regional governments on their part must invest
by all groups within it. The institutional capacity of a
in the security of their citizens. Regional organisa-
state encompasses more than just the instrumental ma-
tions have owned the process of addressing small
chinery to deliver goods and services to its citizens. The
arms-related issues without reciprocation from the
spread, acceptance, reference and effectiveness of the
governments that set up these regional mechanisms.
executive, judiciary, security and development sectors
The principle of shared responsibility is essential to
go a long way in determining the structural stability of
improve efforts to prevent and combat the illicit SALW
a state and its capability to prevent, manage and resolve
trade across borders and within countries. More owner-
confl ict. Any regime needs consensus, authority, loyalty
ship is needed at national level and should be expressed
and consent for legitimacy and survival. A legitimacy
in the budgetary allocation to NFPs and recruitment
deficit may result in violent confl ict.
ISS Workshop Report
9
Regional dimensions of conflict in the Great Lakes
When governance fails and confl icts erupt, the abuse
of weapons diverts scarce government resources from
11 Ibid.
12 Natalie Pauwels and Marta Martinelli, Addressing the
health and education to public security, discourages
problem of SALW in the Great Lakes region of Africa: existing
investment and economic growth, and deprives the
initiatives and options for the EU, United Nations Institute for
affected country or region of the skills and talents of
the victims of small arms through deaths or displace-
Disarmament Research (UNIDIR), background paper prepared
for the project European Action on Small Arms and Light
Weapons and Explosive Remnants of War, http://www.unidir.
ments. To avoid confl ict, electoral processes and state
org/pdf/EU_background_papers/EU_BGP_16.pdf (accessed 14
management should be inclusive to address any arising
August 2011).
challenges by peaceful means. Marginalisation should be
13 Virginia Gamba, quoted in Michael Fleshman, Small arms
comprehensively addressed to ensure no communities
in Africa: counting the cost of gun violence, Africa Recovery
or groups feel more exposed to insecurity than others. In
15(4) December 2001, http://www.un.org/en/africarenewal/
areas where state security is weak or absent, possession
vol15no4/154arms.htm (accessed 8 May 2012).
of a gun can be a matter of survival, either to seize food
14 Fleshman, Small arms in Africa.
and other vital resources or as protection from attack.
15 Cate Buchanan, Armed violence, weapons availability and human
In other places the low cost and ready availability of
security: a view of the state of play and options for action, Centre for
firearms can promote a ‘culture of violence’, where gun
Humanitarian Dialogue, Helsinki Process, 2004, kms1.isn.ethz.
ownership becomes a symbol of power and status, and
ch/.../ArmedViolenceWeaponsAvailability.pdf (accessed 31 May
gun violence a first resort for the settlement of personal
and political disputes.
2012).
16 IANSA et al, Africa’s missing billions.
17 UNODA, Conflicts of interests.
NOTES
1
See Small Arms Survey, Illicit trafficing, http://www.smallarmssurvey.org/weapons-and-markets/transfers/illicittrafficking.html (accessed 2 September 2011).
2
See Small Arms Survey, Stockpiles, http://www.smallarmssurvey.org/weapons-and-markets/stockpiles.html (accessed 3
September 2011).
3
United Nations Office for Disarmament Affairs (UNODA),
Conflicts of interests: children and guns in zones of instability, Panel
discussion at the United Nations, 15 July 2008, New York,
Occasional Paper 14, February 2009, http://www.un.org/disarmament/HomePage/ODAPublications/OccasionalPapers/PDF/
OP14.pdf (accessed 7 May 2012).
4
IANSA, Oxfam, and Saferworld, Africa’s missing billions: international arms flows and the cost of conflict, October 2007, Briefi ng
Paper 107, http://www.oxfam.org/sites/www.oxfam.org/fi les/
africas%20missing%20bils.pdf (accessed 7 May 2012).
5
6
Jayantha Dhanapala et al (eds), Small arms control: old weapons,
18 World Health Organisation, Injury: a leading cause of the global
burden of disease, 2000, http://www.who.int/violence_injury_prevention/publications/other_injury/injury/en/index.html (accessed 14 August 2011).
19 Rachel Stohl and Doug Tuttle, The challenges of small arms and
light weapons in Africa, Conflicts Trends 1 (2009), 19-26, http://www.
accord.org.za/downloads/ct/ct_2009_1.pdf (accessed 7 May 2012).
20 UN Security Council, Small arms: report of the Secretary-General,
17 April 2008, S/2008/258, http://www.unhcr.org/refworld/
docid/48108c982.html (accessed 7 May 2012), 2.
21 Ibid, 3.
22 Buchanan, Armed violence, weapons availability and human security.
23 Small Arms Survey, Stockpile management and security, http://
www.smallarmssurvey.org/regulations-and-controls/controlmeasures/pssm.html (accessed 7 May 2011).
24 UN Programme of Action 2001, http://www.poa-iss.org/poa/
poahtml.aspx (accessed 20 May 2012).
25 Bamako Declaration 2001, http://www.chr.up.ac.za/test/images/
new issues, Aldershot: Ashgate, for the UN Institute of
fi les/documents/ahrdd/theme10/democracy_bamako_declara-
Disarmament Research (UNIDIR), 1999.
tion_2000.pdf (accessed 20 May 2012).
See http://www.un.org/events/smallarms2006/faq.html (accessed 3 September 2011).
26 World Health Organisation, World report on violence and health,
2002, http://whqlibdoc.who.int/hq/2002/9241545615.pdf (accessed 7 May 2012).
7
See Nairobi Protocol for the Prevention, Control and Reduction
of Small Arms and Light Weapons in the Great Lakes Region, the
Horn of Africa and Bordering States, signed on 21 April 2004.
8
9
Emanuela-Chiara Gillard, What’s ‘legal’? What’s ‘illegal’? In Lora
27 See http://www.recsasec.org/pdf/Nairobi%20Protocol.pdf (accessed 16 August 2011).
28 Maze Kerry, Searching for aid effectiveness in small arms assistance,
Lumpe (ed), Running guns: the global black market in small arms,
New York: UNIDIR, 2010, http://unidir.org/pdf/activites/pdf3-
London: Zed Books, 2000.
act529.pdf (accessed 7 May 2012).
Small Arms Survey 2001, Profiling the problem, Oxford: University
Press, 2001, 2.
29 Mike Bourne et al, Implications of illicit proliferation and
misuse of SALW, in Reviewing action on small arms 2006: assessing
the first five years of the UN programme of action, London: IANSA,
10 Abdel-Fatau Musah, Africa: the political economy of small arms and
conflicts, http://unpan1.un.org/intradoc/groups/public/documents/idep/unpan002406.pdf (accessed 4 September 2011).
10
Biting The Bullet Project, 2006, 231, http://www.scribd.com/
doc/44276513/74/IMPLICATIONS-OF-ILLICIT-PROLIFERATIONAND-MISUSE-OF-SALW (accessed 7 May 2012).
Institute for Security Studies
Natural resources and conflict
in the Great Lakes Region
Nyambura Githaiga
Institute for Security Studies
One implication of confl ict fi nancing for countries in
INTRODUCTION
the region has been the regionalisation of insecurity and
The Great Lakes Region of Africa has abundant natural
its consequent negative impact on national and regional
resources that have been linked to confl ict on both
economies. Then again, global economic demands to
national and regional levels. Natural resources that
meet the growing needs of technology have created a
are particularly associated with regional confl icts are
market for these lootable resources.
1
revenue-generating non-renewable resources like oil,
Apart from the economic downturn effect created
diamonds, gold and the mineral ores2 of cassiterite,
by insecurity, illegal exploitation and trade, as linked
coltan and wolframite. While natural resources such as
to confl ict fi nancing, has intensified the proliferation
land have been at the core of intractable confl ict in some
of small arms and light weapons (SALW), not only in
of the countries, the aspect of portability makes natural
confl ict zones but also in urban crime. In addition, this
resources like mineral ores, diamonds and gold more
has caused a rise in violence against civilians in confl ict
prone to illegal exploitation and trade and consequently
areas with reports of gross human rights abuses, includ-
a factor in confl ict economy. These portable natural re-
ing mass rapes, as well as the militarisation of mining in
sources are also referred to as lootable resources. Owing
the region, to mention but a few. The non-renewability
to regional insecurity and cross-border illegal exploita-
of these natural resources, which implies increased
tion and trade, the actual natural resource wealth of
scarcity, is an indicator of future confl ict trends, par-
countries in the Great Lakes Region cannot be accurately
ticularly in the absence of viable economic industry and
determined, though it is indisputably significant.
infrastructure. The future looks bleak for economies that
Natural resources and confl ict are linked both
directly and indirectly. Direct links are manifested
are dependent on non-renewable natural resources.
Efforts to mitigate illegal exploitation and trade are
in bilateral confl ict between two countries stemming
on-going, nationally as well as regionally. Nationally,
from the exploitation of shared natural resources while
countries in the region are testing and implementing
indirect links are evident from the use of proceeds
certification programmes to enable effective tracking of
from illegal exploitation of natural resources to fi nance
minerals, as well as customs and border agreements to
confl ict. An example of a direct link would be the
stem illegal trafficking of minerals. On a regional level,
confl ict about maritime boundaries between Angola
governments have pledged to jointly fight illegal exploi-
and the Democratic Republic of Congo (DRC) over the
tation of natural resources in the region by implement-
rightful ownership of an oil deposit that accounts for 30
ing a regional certification mechanism establishing a
per cent of Angola’s total oil production. The regional
regional database on mineral flows and harmonising na-
dimension of natural resources and confl ict has been
tional legislation pertaining to the Protocol Against the
well illustrated in the DRC by the presence of foreign
Illegal Exploitation of Natural Resources.3 Developments
illegal armed groups using lootable natural resources to
on the international scene have created challenges for
generate revenue in order to sustain their confl ict goals
countries in the region to implement stipulated certifica-
in the region.
tion standards or risk having their minerals branded
ISS Workshop Report
11
Regional dimensions of conflict in the Great Lakes
as ‘confl ict minerals’.4 This element of stigma extends
providing opportunity for the presence of armed groups.7
beyond countries directly affected by conflict, such as
In the Great Lakes Region both greed and grievance have
the DRC, to adjoining countries which may be conduits
been causative factors in confl ict. Looking at the confl ict
for illegally exploited natural resources.
actors in the DRC, the grievance motive is evident in the
This paper seeks to highlight the links between
formation of some of the illegally armed groups based in
natural resources and confl ict in the Great Lakes
the eastern DRC. The continued presence of both local
countries, specifically in Burundi, the DRC, Rwanda and
and foreign illegally armed groups is made possible by
Uganda. The term ‘natural resources’ will be used to
a weak state presence in the east. These illegally armed
refer to lootable minerals such as gold, diamonds and
groups often resort to illegal exploitation of minerals
mineral ores which may be illegally exploited to fi nance
to sustain the confl ict. In this arena of unregulated
confl ict. An analysis of national and regional initiatives
exploitation, the motive of greed then factors in with the
to curb illegal exploitation and trade relating to confl ict
looting of minerals by these groups, as well as by the
fi nancing will follow and will focus on the challenges
army and civilians. In essence, the interplay between
and prospects of the various initiatives. The paper will
grievance, greed, opportunity and other variables per-
conclude with recommendations on eliminating links
petuates a vicious cycle of confl ict.
between natural resources and confl ict in the Great
Lakes Region.
A key link between natural resources and confl ict
in the Great Lakes Region is confl ict fi nancing whereby
the gains from natural resources are used to fund and
CONCEPTUAL FRAMEWORK
thereby exacerbate confl icts that may have dissimilar
There are multiple causes of confl icts in the Great Lakes
resources in confl ict fi nancing should be balanced in
Region. Natural resources have been both the proximate
recognition of other variables in the economy of confl ict.
and root cause of confl ict in the region, depending on
‘While natural resources undoubtedly play a great role
whether the link is indirect or direct. The abundance
in some confl icts, in others they are of minor impor-
of natural resources and their link with confl ict in the
tance or only one of the methods of confl ict fi nancing.’8
Great Lakes Region have led to descriptions such as the
Wennmann explains confl ict fi nancing as the efforts of
‘natural resource curse’.
an organised armed group to fund their confl ict activi-
root causes. However, analysis of the role of natural
Arguably, both scarcity and abundance perspec-
ties.9 The UN Panel of Experts on the Illegal Exploitation
tives apply. While one country may have an abundance
of Natural Resources of the DRC established that illegal
of, or a perception of abundant natural resources, its
exploitation remained one of the main sources of
neighbour may have a scarcity or a perception of scarce
funding for groups involved in the DRC confl ict and also
natural resources. Confl ict may arise when two or more
of arms trafficking.10
countries or confl ict actors perceive an element of
So while acknowledging the fact that natural resourc-
mutual incompatibility in their goal to access or control
es do not constitute an exclusive variable in confl ict
natural resources in the region for economic gain. This
fi nancing, the illegal exploitation of natural resources
confl ict may breed not only unhealthy competition
in the Great Lakes Region remains one of the major
between states, but also create strained diplomatic rela-
sources of revenue for several confl ict actors. Other
tions and opportunities for confl ict profiteers to advance
sources of confl ict fi nancing that may take precedence
their gains from illegal exploitation.
in the absence of natural resources would include pil-
The scarcity/abundance perspective feeds into the
laging, illegal economic levies, and diaspora remissions.
greed versus grievance theory. Developed in reference
For civilians, the dire impact of confl ict supersedes the
to civil war, the debate on greed and grievance is helpful
modalities of confl ict fi nancing, however.
in conceptualising the link between natural resources
This paper focuses on the regional dimensions of
and confl ict. Collier and Hoeffler discussed greed and
natural resources and confl ict where lootable natural
grievance as causes of civil war favouring greed over
resources have been a proximate cause of confl ict,
5
grievance as a motivating factor. According to the
primarily through confl ict fi nancing. Lootable natural
greed motive, ‘groups engaged in violent confl ict are not
resources are seldom the root cause of regional con-
primarily motivated by grievance (i.e. ethnic discrimina-
fl icts – neither are they an exclusive variable of confl ict
tion, inequality, historical animosity), but essentially by
fi nancing. The root causes of confl icts in the region
economic agendas and therefore greed’.6
include governance, inadequate socio-economic provi-
The debate on greed is expanded by the argument
sions, and historical injustices. Weak governance and
of the need to consider a more holistic analysis in
administration, poor infrastructure, and a history of
consideration of variables such as a weak state presence
insecurity in the region have allowed illegal exploitation
12
Institute for Security Studies
Compiled by Nyambura Githaiga
of natural resources to flourish. Within this context,
located in territories where the DRC shares borders with
the efforts to mitigate illegal exploitation of natural
Uganda, Rwanda, Burundi and Tanzania (especially in
resources will be analysed beyond the scope of illegal
the Lake Albert, Lake Kivu and Lake Tanganyika areas)
exploitation to encompass other critical variables that
are causing these locations to fast become potential
affect the links between natural resources and confl ict
flashpoints in regional relations.’14
in the Great Lakes Region.
Prevailing contexts in the region
NATURAL RESOURCES
AND CONFLICT
Lootable natural resources have been the currency of
By sustaining confl ict actors, and thus prolonging
activities, and criminal networks in illegal exploitation
confl icts, the natural resource endowment of the Great
and trade. The end-user beneficiaries range from inter-
Lakes Region has characterised confl icts in the region.
national conglomerates to state-owned conglomerates,
Arguably, all natural resources can play a role in
regional countries that re-export the looted resources,
confl ict situations. Whether they are legally or illegally
and individual criminals.15 Illegal exploitation of natural
exploited, as in the case of shared natural resources,
resources becomes a regional problem when they are
is immaterial. For instance, oil deposits have been the
trafficked through neighbouring countries as end or
cause of border disputes between Angola and the DRC,
transit destinations and when proceeds from illegally
even as both states seek to legally exploit the shared
exploited resources fund foreign illegally armed groups,
reserves. However, since natural resources such as
thereby exacerbating regional insecurity. Those involved
oil and gas require considerable investment to exploit
in regional smuggling networks may be motivated by
and are not portable, they are usually a cause of direct
a predominantly economic agenda, which is also influ-
confl ict between the affected states over contested
enced by the differing regional export tariffs being an
exploitation. Conversely, lootable resources can be used
incentive for evasion of export duties.16
to fi nance confl ict that affects countries in the region in
choice for corrupt state officials, illegal armed group
These criminal activities only become a factor in
various ways, such as enhanced insecurity through the
the link between natural resources and confl ict when
presence of illegal armed groups, proliferation of arms,
it affects diplomatic relations and escalate retaliatory
increased vulnerability of populations, and deteriora-
impacts on civilians. The different contexts that have
tion of socio-economic conditions.
intensified illegal exploitation and trade in natural re-
Although the current discourse focuses on the
sources are weak governance, unregulated mining, and
indirect link between natural resources and confl ict,
illegal activities of armed groups. While the mitigating
the future threat of increased direct confl ict over
efforts have been directed at the latter two aspects, the
trans-boundary natural resources deserves mention.
issue of governance is a core concern that should be kept
The documented instances of direct confl ict over cross-
in perspective while developing initiatives that would
border natural resources indicate that this will become
sustainably address the link between natural resources
more prominent as shared resources dwindle. Of im-
and confl ict.
mediate concern is the impact on civilians of strained
relations between confl icting states. Going back to the
The governance challenge
DRC–Angola confl ict, from 2003 to 2009 approximately
Countries in the region have divergent challenges in
158 000 Congolese were expelled from Angola, while in
governance and this impacts their capacity to develop
May 2011, 1 048 of 10 961 Congolese men and women
common approaches to managing natural resources and
forcibly expelled were allegedly raped by Angolan se-
confl ict in the region. Taking the DRC as an example,
curity forces.11 In 2009, 39 000 Angolans were deported
the challenges in governance are illustrated by a weak
12
from the DRC. Angola claimed that DRC immigrants
state presence in the east, insufficient infrastructural
contributed to illegal mining and trafficking. It is
networks, lack of adequate socio-economic development,
likely that this tension between the two countries
and a failure to administratively manage national re-
will be influenced by their ability to reach a mutually
sources and enforce natural resource management regu-
agreeable solution.13
lations. These challenges in governance create gaps that
Despite the current focus on lootable natural
have been occupied by illegal armed groups, both local
resources, the region must remain attentive to cross-
and foreign, who now thrive on these bountiful reserves.
border confl ict on natural resources, which may
The unique situation of the DRC then spills over to its
potentially increase regional security. ‘[I]t is becoming
neighbours who are subsequently affected by conflict
clear that the significant oil and natural gas deposits
actors operating from the DRC to destabilise the region.
ISS Workshop Report
13
Regional dimensions of conflict in the Great Lakes
Mining industry disparities
source.18 This demand accentuates regional smuggling as
The disparity in the capacities of mining industries in
a means for individuals and collectives to illegally profit
the region will pose a continual challenge. Revisiting
from natural resources. Illegally armed groups are re-
the DRC, the challenges in the mining industry include
ported to control access to mines in remote areas where
informal and unregulated mining, lack of transpar-
they subject civilians to gross human rights abuses and
ency in mining contracts, militarisation of the mines,
displacement.19 Apart from the regional aspect of illegal
inadequate infrastructure network, and illegal exploita-
trafficking of these minerals to fi nance armed group ac-
tion and trafficking of minerals. Unregulated artisanal
tivities and the criminal profit motive, minerals are also
mining has made it difficult to ascertain state revenue
used in lieu of hard currency for trading to fund confl ict.
from mining and has also introduced vulnerability to
This includes the supply of arms.20
illegal exploitation of mineral resources. In addition,
In the fi nal report of the United Nations Group of
previous governments were alleged to have granted
Experts on the DRC,21 it was concluded that the involve-
mining concessions on a whim, thus compromising due
ment of the military and armed groups in illegal mineral
process. Transparency regarding mining contracts is still
trade was by way of taxation, protection, commercial
obscure. Also, with limited infrastructure, difficulties
control and coercive control. Taxation involves levying
arise in accessing the mines, policing legitimate exploi-
illegal taxes on mining activities and unrelated com-
tation and regulating trade. Even where good legislation
mercial activities in the area. Protection is requested
to regulate mining exists, it is difficult to enforce and the
of military and armed groups to provide security for
status quo is maintained.
mining activities and to prevent looting. For commercial
Over-dependence on mining by populations in
reasons, the military use illegal revenue to engage in
mineral-rich areas becomes a potential source of confl ict
mineral trade. Military and armed groups gain control
when that livelihood is no longer viable due to depletion
through seizing productive pits and periodically pillag-
of resources or new regulations. For example, during
ing minerals. The involvement of the military in the
the six-month mining ban in three provinces in the
illegal exploitation and trade in natural resources has
eastern DRC, entire villages were deprived of a source of
compromised their mandate to provide civilian protec-
livelihood, leading to migration and an alleged increase
tion. In reference to these criminal elements in the
in urban crime. Given the regional dimension of illegal
army, it was observed that deployment of these criminal
exploitation and trafficking of natural resources, the
networks is increasingly driven by the desire to control
particular challenges faced by the DRC mining industry
natural resources.22
will affect neighbouring countries by virtue of proximity.
Illegally armed groups form a vital component of the
If one country is vulnerable to illegal exploitation, then it
natural resources/confl ict nexus. Their role in regional-
may affect the vulnerability of neighbouring countries to
ising insecurity is partly financed by illegal exploitation
illegal trafficking of natural resources.
and trade in natural resources. This underlines the
importance of adopting a regional perspective with
Armed groups and conflict financing
regard to natural resources and confl ict in the Great
Armed groups sustaining themselves through profits
Lakes Region.
from illegal exploited natural resources have created
The interconnectedness of countries in the region
a regional insecurity complex. For instance, the Allied
is seen in regional illegally armed groups and crime
Democratic Forces (ADF), a rebel group from Uganda
networks, interdependent economies, trans-boundary
operating in the DRC, has been linked to illegal taxation
nationalities, and shared natural resources. ‘While most
of gold and timber and the Democratic Forces for the
confl icts in the Great Lakes begin within the borders
Liberation of Rwanda (Forces Démocratiques de Libération du
of countries, the actors within a particular confl ict are
Rwanda, FDLR) has been implicated in trade in minerals,
rarely confined within state. Indeed confl icts tend to link
timber, and charcoal, as well as cannabis production.
diverse actors, interests and issues and these linkages
Criminal elements within the Congolese Army (Forces
broaden local, regional and international economies
Armées de la République Démocratique du Congo, FARDC)
and political contexts.’23 The regional impact of illegal
have also been implicated in illegal taxation and exploi-
exploitation and trade in natural resources, and its link
tation, notably during the six-month eastern DRC mining
to confl ict fi nancing, indicates that only a dedicated and
17
suspension from March to September 2010.
The demand in global markets is also a perpetuating
factor. The minerals cassiterite (tin ore) and coltan are
concerted regional approach will effectively deal with
the link between natural resources and confl icts.
As stated earlier, natural resources are not the only
important components of cell phones, computers, and
source of confl ict fi nancing for illegally armed groups.
other electronic devices, and the DRC is a primary global
‘The challenge for policy is to deal with organized armed
14
Institute for Security Studies
Compiled by Nyambura Githaiga
groups that are rational, have multiple sources of fi nanc-
The DRC is working with similar initiatives and
ing, and shift from one to another as a function of their
additional ones such as developing the trading centres
need. They operated in a structural environment that fa-
concept and the recently enforced six-month mining
cilitates confl ict fi nancing characterized by the persist-
ban in the east. The goal of trading centres referred to as
ence of weak states, willing collaborators, shadow econo-
‘centres de négoce’ is to offer a marketplace where trace-
mies, and open economies in developed countries.’24
able minerals can be traded securely. This is an initiative
by the Congolese mining administration, the United
ANALYSIS OF EXISTING EFFORTS
Nations Mission in DRC (MONUSCO), the International
Eliminating the illegal exploitation of and trade in
Gouvernance.27 From September 2010 to March 2011, the
natural resources as a contributing factor to regional
DRC government temporarily suspended mining in
conflict is increasingly on the agenda in the quest for sus-
the provinces of South Kivu, North Kivu and Maniema
tainable peace in the region. To be successful, initiatives
in order to check confl ict fi nancing. ITRI continues
against illegal exploitation and trade must comprehen-
mineral-tagging projects in DRC while BGR is working
sively address existing contexts and proximate causes.
with the DRC government on mapping a database of
Existing contexts–which to a varying degree are also
artisanal mines.28
root causes–include a growing global demand for natural
Organisation for Migration (IOM), and Partenariat Appui
The challenge of narrowness of purpose may be af-
resources as well as aspects of poor governance such as
fecting the efficacy of national efforts. There seems to
a weak state presence, poor infrastructure, inadequate
be a heavy leaning towards tracking and certification to
or unenforced mining regulations, and ineffective or
stem the illegal mining and trade of natural resources.
inconsistent customs and border controls. Proximate or
Considering that inadequate and/or unenforced regula-
trigger causes include predatory or corrupt states, ille-
tions in the mining industry are a core cause of illegal
gally armed groups, rogue army elements, regional crime
mining and trade, it is a good starting point. However,
networks, and political processes such as elections.
with such a high incidence of artisanal mining, enforcing these regulations will be difficult without the for-
National efforts
malisation of mining activities. Additionally, regulating
An effective regional approach towards managing the
deeper structural issues of governance and security. The
natural resources and confl ict dynamic starts with
enforcement of regulations, good as they may be, will be
sound national initiatives, which can then be harmo-
largely dependent on good governance.
the mining sector should be in tandem with resolving
nised for regional impact. National efforts are primarily
Efforts by the DRC to impose a mining suspension,
based on implementing internationally accepted stand-
albeit only partially successful, demonstrated political
ards of compliance in mining which focus on traceability
will and may have bolstered state power in those regions
and certification. These international standards either
while possibly marginally limiting gains of conflict
target a specific mineral such as cassiterite in the case of
fi nancing. One of the unintended consequences of this
tin or a supply chain traceability mechanism such as the
was that ‘they promoted the over-militarisation of the
analytical fi ngerprint.
mining zones and shifted the focus of the problem
Two major initiatives that Rwanda is working on are
rather than resolving it’.29 To prevent the illegal groups
those developed by the German Federal Geoscience and
from accessing the mines, there was an increase in
Natural Resources Bureau (BGR) and the International
military personnel, some of whom were later implicated
Tin Research Institute (ITRI). Under the BGR, five
in similar incidences of illegal exploitation and levies.
Rwandan mining concessions that are major producers
Vircoulon argues that a failure of existing initiatives
of cassiterite, wolframite and coltan have undergone
to focus on governance reforms has led to the ‘promo-
compliance audits and are now awaiting audit reports.
tion of coercive solutions without the existence of any
In addition, Analytical Fingerprint (AFP) has established
means on coercion’.30 If existing governance structures
a database in Rwanda which identifies the origin of
have failed to adequately address rule of law issues
mineral ores down to individual dig site level by defi ning
in certain parts of the country, then how can they ef-
distinctive geochemical, geochronological, and minera-
fectively enforce new mining regulations? Even though
25
logical signatures of specific ore production sites. ITRI,
the mining ban was a temporary measure, it was myopic
a supply chain traceability system, has started tagging
in conceptualising how the unintended consequence
cassiterite in Rwanda. According to the Rwanda Geology
could further exacerbate illegal exploitation. Short-term
and Mines Authority it is now tagging 80 per cent of
measures should be localised in a more comprehensive
Rwanda’s domestic cassiterite, coltan and wolframite.26
strategy to ensure sustainable gains.
ISS Workshop Report
15
Regional dimensions of conflict in the Great Lakes
National efforts in the DRC do not visibly work along-
and whistle-blowing. The strengths of the RINR are seen
side efforts to address key agendas of strengthening the
through their principles of transparency with publicly ac-
state presence in the east and improving infrastructure.
cessible databases, primary compliance responsibility on
For example, developing secure trading centres will
industry, obligatory third-party audits, and an emphasis
promote transparency in a few areas of the mining
on adapting current systems accordingly.33
sector but again is dependent on good governance to
The challenges are that the RINR will include the
ensure that the administration adheres to stipulated
history and context of the Great Lakes countries, the
procedures. The mining sector in the DRC is largely
implementation capacities of the individual states,
artisanal and with a large number of civilians engaged
their unique internal struggles, and the political will of
in this industry there must be a focus on formalisation
governments. Since the DRC bears the brunt and is at
of mining as well as increasing alternative livelihood
the epicentre of the natural resource/confl ict complex,
options. Looking at the mining ban, those who suffered
effective implementation of the relevant measures will
the impact were civilians who could not legitimately
depend to a large extent on the DRC’s leadership and
access the mines, while armed groups continued to
capacity to comply. Strategies need to be comprehensive
profit. Civilians should be viewed as stakeholders in
in seeking to strengthen the DRC’s internal capacity by
mining and their collaboration will be key to policing
resolving issues such as weak governance, poor infra-
and regulating this sector. At the lifting of the mining
structure and security gaps, alongside efforts to curb
suspension, civilians expressed their commitment to
illegal exploitation and mining. Another challenge is the
participate through the Civil Society Engagement Act in
regional insecurity complex created by the presence of
which they pledged to contribute to the domestication of
foreign illegally armed groups operating in the DRC and
mineral legislation, conduct civic education on mining
a regional smuggling network that thrives in the chaos
industry regulations, and support the government’s
of a free-for-all mining sector. The regional beneficiaries
traceability efforts.31 National efforts to eradicate the
of illegal exploitation and trafficking may have the fi-
link between natural resources and confl ict must involve
nancial and administrative advantage of frustrating this
local populations who suffer the negative impact in their
process both on a national and on a regional level.
daily struggle to survive poverty and insecurity.
Then there is the challenge of capacity. If the states
now responsible for implementing RINR are already
Regional efforts
facing their respective challenges of governance and
Natural resources have become a significant variable in
capacity will pose a threat to effective implementation
sustaining confl icts in the region. It is therefore impera-
of RINR. ‘Even if all the Great Lakes countries were
tive for countries in the Great Lakes Region to implement
to introduce national regulations on certification and
coordinated and harmonised efforts to counter the
traceability, they do not have the administrative capac-
natural resource/confl ict link. ‘Sub-regional diplomatic
ity required to ensure compliance (there have been no
regimes have to therefore redefi ne their confl ict man-
increases in either budget or staffi ng of the provincial
agement strategies in terms of a stronger recognition of
mining departments in North and South Kivu).’34 These
natural resources management as a powerful negotia-
challenges do not take away from the fact that govern-
tion, mediation and post-confl ict reconstruction vari-
ments in the Great Lakes Region have demonstrated
able.’32 On a bilateral level in the region, there has been
commitment to eliminating illegal mining and trade, as
notable progress with the customs authorities of DRC,
exemplified in the December 2010 Lusaka Declaration of
Rwanda, Burundi and Uganda implementing agreements
the ICGLR summit to fight illegal exploitation of natural
to combat cross-border trafficking.
resources in the region. Further implementation of RINR
The main regional initiative is under the International
administration in the mining areas, then inadequate
in a coordinated and harmonised way will demonstrate
Conference on the Great Lakes Region (ICGLR), which
the political will of these states to fight the illegal exploi-
falls under the protocol on the fight against the illegal
tation of natural resources, first on a national and then
exploitation of natural resources under the pact on secu-
on a regional level.
rity, stability and development in the Great Lakes Region.
Six tools of the Regional Initiative against the Illegal
Exploitation of Natural Resources (RINR) were approved
International efforts
during the special ICGLR summit on the same. These are
Regional efforts also seek to comply with international
the regional certification mechanism, harmonisation of
due diligence guidelines on illegal exploitation as devel-
national legislations, the establishment of a regional data-
oped by the Organisation for Economic Co-operation and
base on mineral flows, formalisation, EITI peer learning,
Development (OECD) and the United Nations. However,
16
Institute for Security Studies
Compiled by Nyambura Githaiga
these guidelines are not obligatory, unlike the US
envisioning any sustainable solutions for the region. So
Dodd-Frank Act, which seeks to compel disclosure from
far, the efforts of countries in the Great Lakes Region
US-listed companies.
have been commendable, but there is still much to do
In July 2010, the US passed the Dodd-Frank Act of
to effectively counter the role of natural resources in
which Section 1502 specifically addresses confl ict min-
perpetuating confl ict. Governments in the region need
erals from the DRC and requires US companies to dis-
to build their capacity to effectively implement existing
close the origin of coltan, cassiterite, gold, wolframite,
initiatives such as RINR and current border agreements.
or their derivatives if sourced from the DRC or adjoining
As the ICGLR countries belong to regional economic
countries. This ushered in fears that this disclosure
blocs such as the East African Community and Southern
requirement to label regional minerals ‘DRC confl ict
African Development Community, these can serve as
free’ would negatively affect the demand for these
natural allies in implementation support. As the nega-
minerals from the DRC and the region. While the legis-
tive effects of confl ict fi nancing cannot be confi ned to
lation is laudable in seeking to address the link between
specific countries, a collaborative regional approach
natural resources and confl ict, it stops short of seeking
would be most effective. The natural resource/confl ict
to mitigate against the unintended consequences of its
link is a grave regional concern that should be priori-
implementation. This would include the deterioration of
tised in regional efforts towards sustainable peace and
socio-economic conditions as a result of reduced invest-
development in the region. The recommendations below
ment in the mining industry and diminished official
may guide such engagement.
demand for minerals from the region due to the stigma
of confl ict.
Although the US legislation has not yet come into
force, it has put pressure on countries in the region to
Countries in the region
■
Collaborating in security initiatives: Regional insecurity
get their house in order regarding mining as initially
has had a negative impact on countries in the region
the impact would be felt region wide. With the global
and this should be the basis of collaborating on
demand for these minerals being a catalytic force for
matters of security. Efforts to deal with foreign illegal
illegal exploitation and trade, the disclosure require-
armed groups will be improved by joint security
ments will certainly reduce demand and perhaps give
initiatives focused on enhancing regional security.
the region time to implement an effective regional
Regional collaboration should also be maintained on
mining mechanism. Conversely, the dissuading effect
coordinated disarmament and implementation of
of the new requirements will probably magnify regional
trafficking of illegal minerals to countries further afield
border control agreements.
■
Support processes promoting democracy and good govern-
and, most importantly, will have an adverse effect on
ance: Governments in the region should actively seek
the livelihoods of mining communities. International
to address issues of democracy and good governance
efforts should complement regional efforts to improve
as being at the root of confl ict in the region. Electoral
political, social and economic conditions even as they
processes are an opportunity for countries in the
seek to avoid complicity in confl ict.
region to support due process in political transition
and democracy.
CONCLUSION AND
RECOMMENDATIONS
■
Prioritising economic development and formalisation of
mining industries: Key to regulating the mining sector
will be formalisation at a national level. This will
The link between natural resources and confl ict has
be key to the success of certification and tracking
been mainly experienced in the illegal exploitation of
mechanisms. Developing alternative livelihood
lootable natural resources to sustain confl ict activi-
opportunities would enhance diversification and
sustainability of local economies.
ties. As the global market becomes more aware of the
ethical and moral dimensions of irresponsible demand
■
Fast-track domestication of the protocol on illegal exploita-
and supply chains, the Great Lakes Region will begin to
tion of natural resources: Governments should under-
experience stringent requirements regarding the supply
take intensive civic education to raise awareness
process. Aware of this reality, the region has made
of the local populations as a critical stakeholders
efforts towards achieving international agreed-upon
and allies in effectively curbing illegal exploitation
standards, but there is a need to do more. Though the
of natural resources. Natural resource manage-
economic motive to reform mining in the Great Lakes
ment should also be mainstreamed into education
Region resonates among global actors, the link between
systems and training for relevant sectors such as
natural resources and confl ict must take precedence in
law enforcement.
ISS Workshop Report
17
Regional dimensions of conflict in the Great Lakes
Regional bodies
■
■
8
Achim Wennmann, The political economy of confl ict fi nancing:
a comprehensive approach beyond natural resources, Global
Governance 13(3) (2007) 427-444, 427.
Facilitating peer learning: Regional bodies should facilitate
the exchange of learning between their member states
9
Ibid.
in all aspects of governance, security and natural
10 United Nations Security Council, Final Report of the Panel of
resource management. This sharing of good practice
Experts on Illegal Exploitation of Natural Resources and Other Forms of
expertise will encourage parity in the various sectors.
Wealth of the Democratic Republic of Congo, S/2003/1027, 2003, 14,
Capacity-building: Regional bodies should take the lead
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N03/567/36/
IMG/N0356736.pdf?OpenElement (accessed 19 May 2012).
in improving individual member states’ capacity to
comply with regional protocols. This will ultimately
improve regional capacity in matters of security,
border control, and natural resource management.
■
Development planning: The region needs to begin planning for infrastructural development to stimulate
value-added production processes. This will generate
more revenue and create employment.
11 IRIN, DRC: Angola’s ‘sans papiers’ violently deported in latest
wave of expulsions, 2011, http://www.irinnews.org/report.
aspx?reportid=93004 (accessed 30 August 2011).
12 Ibid.
13 Adrian Craddock, Congolese rape victims pay the price of
Angola–DRC oil dispute, Think Africa Press, 2011, http://thinkafricapress.com/angola/congolese-rape-victims-pay-price-angoladrc-oil-dispute (accessed 16 August 2011).
14 Petrus de Kock, The DRC at 50: confronting the challenges of
International actors
■
Supporting implementation of new regulations:
International actors should proactively support
implementation of new regulations against confl ict
fi nancing, from creating awareness to setting up the
necessary infrastructure.
■
peace and territorial consolidation, Policy Briefi ng 22, 2010, 3.
15 Bruce Guenther, The Asian drivers and the resource cures in
Sub-Saharan Africa: the potential impacts of rising commodity
prices for confl ict and governance in the DRC, The European
Journal of Development Research 20(2) (2008), 347-363.
16 United Nations Security Council, Interim Report of the Group of
Experts on the Democratic Republic of the Congo, S/2011/345, 2011, 18,
Engaging in democracy and development: International
http://www.un.org/ga/search/view_doc.asp?symbol=S/2011/345
actors should continue to support processes that
(accessed 19 May 2012).
will enhance the growth of democracy and socioeconomic development as a way of addressing the
root causes of confl ict.
17 Ibid, 8-15.
18 Chip Pitts, Human exploitation fuels mining trade in DRC:
Apple, Dell look away, 2009, http://www.huffi ngtonpost.com/
amnesty-international/human-exploitation-fuels_b_243939.
NOTES
html (accessed 30 August 2011).
19 De Kock, The DRC at 50, 2.
1
Natural resources are usually categorised into renewable and nonrenewable resources. The former refers to resources like forests,
air and water and the latter to resources such as minerals and oil.
20 United Nations Security Council, Final Report of the Panel of
Experts on Illegal Exploitation of Natural Resources and Other Forms of
Wealth of the Democratic Republic of Congo, S/2003/1027, 15.
Renewable resources can potentially be replenished naturally.
2
These mineral ores are smelted to make metals commonly used
in the electronic industries. The ores are processed as follows:
cassiterite into tin, coltan/columbite-tantalite into tantalum,
and wolframite into tungsten.
3
This protocol is under the Pact on Security, Stability and
Development in the Great Lakes Region adopted by member
states of the International Conference on the Great Lakes Region.
4
The term ‘conflict minerals’ refers to minerals that originate from
regions of armed conflict and whose sales may perpetuate conflict.
5
asp?symbol=S/2010/596 (accessed 19 May 2012).
22 Ibid, 75.
23 Patricia Kameri-Mbote, Environment and conflict linkages in the Great
Lakes Region, IELRC Working Paper, 2005-6, 4.
24 Wennmann, The political economy of confl ict fi nancing, 428.
25 Federal Institute for Geosciences and Natural Resources, Mineral
certification: certified trading chains and the Analytical Fingerprint
(AFP), Newsletter 03/2011.
Jeremy Lind and Kathryn Sturman (eds), Scarcity and surfeit, the
and Institute for Security Studies, 2002, 8.
Karen Ballentine and Heiko Nitzschke, Beyond greed and grievance:
policy lessons from studies in the political economy of armed conflict,
New York: International Peace Academy, 2003.
18
2010, 48-49, http://www.un.org/ga/search/view_doc.
World Bank Policy Research Working Paper 2355, The World
ecology of Africa’s conflicts, African Centre for Technology Studies
7
of Experts on the Democratic Republic of the Congo, S/2010/596,
Paul Collier and Anke Hoeffler, Greed and grievance in civil war,
Bank Development Group, 2000.
6
21 United Nations Security Council, Final Report of the Group
26 United Nations Security Council, Interim Report of the Group of
Experts on the Democratic Republic of the Congo, S/2011/345, 21.
27 Ibid, 20.
28 Blore and Smillie, Taming the resource curse, 15.
29 Thierry Vircoulon, Behind the problem of confl ict minerals
in DR Congo: governance, International Crisis Group, 2011,
Institute for Security Studies
Compiled by Nyambura Githaiga
http://www.crisisgroup.org/en/regions/africa/central-africa/
32 Philip Arthur Njuguna Mwanika, Natural resources conflict manage-
dr-congo/behind-the-problem-of-confl ict-minerals-in-dr-congo-
ment processes and strategies in Africa, ISS Paper 216, 2010, 9, http://
governance.aspx (accessed 19 May 2012).
www.issafrica.org/uploads/216.pdf (accessed 19 May 2012).
30 Ibid.
33 Blore and Smillie, Taming the resource curse, 34-35.
31 Ministère des Mines, Acte d’engagement solennel de la Sociéte
34 Vircoulon, Behind the problem of confl ict minerals in the DR
Civile, 2011.
ISS Workshop Report
Congo, 3.
19
Forced displacement
and conflict in the
Great Lakes Region
Dr Khoti Chilomba Kamanga
Centre for the Study of Forced Migration
INTRODUCTION
Table 1 Number of internally displaced persons
in the Great Lakes Region, 2010/11
The term ‘Great Lakes Region’, although used liberally,
Country
Number of IDPs
does not have a common, shared interpretation. In the
context of the International Conference on the Great
Burundi
Lakes Region (ICGLR)1 the term denotes eleven African
Democratic Republic of Congo
100 000
1 700 000
states, seven of whom, namely Burundi, the Democratic
Republic of Congo (DRC), Kenya, Rwanda, Tanzania,
Uganda and Zambia, are perched on the shores of
Africa’s largest lakes: Victoria, Tanganyika, Albert and
Kivu. The remaining four ICGLR member states: Angola,
Kenya
Uganda
Total
250 000
74 000
2 124 000
the Central African Republic (CAR), the Republic of
Congo – Brazzaville and Sudan, do not enjoy such prox-
one billion people could be displaced by climate change
imity to the lakes. In this paper the term ‘Great Lakes
over the next 40 years.’
Region’ has a restrictive interpretation and is confined to
The third, fi nal category is no less contentious.
the ‘core’ Great Lakes states of Burundi, the DRC, Kenya,
Often described as ‘undocumented migrants’, ‘irregular
Rwanda, Tanzania, and Uganda.2
migrants’ or ‘migrants in an irregular situation’, these
displaced persons represent another manifestation of
HUMAN MOBILITY
contemporary human mobility.5
While refugees continue to dominate the discourse
ment in the Great Lakes Region, the present study is con-
on forced displacement, a number of other forms of
fi ned to the two most lasting and visible manifestations
human mobility demand attention. First and foremost
– refugees and internally displaced persons. Statistics
of these are internally displaced persons (IDPs).3 Table 1
on refugees and IDPs in the region are presented both
highlights the IDP phenomenon in some countries in the
as a way of contextualising the ensuing discussion and
Great Lakes Region.
providing a backdrop to the search for appropriate and
Close on the heels of IDPs is a category at the centre
Given the range of sub-categories of forced displace-
sustainable responses. Besides revealing the trends of
of the highly topical issue of environmental change and
displacement in the region, the data enable us to de-
global warming. Displacement has become a coping
termine the magnitude of the problem relative to other
strategy in respect of yet another stimulus – marked
geographical locations on the continent and beyond.
disruption in the ecosystem which renders it temporar-
Of all documented cases of forced displacements,
ily or permanently unsuitable to support human life.4
‘protracted refugee situations’ (PRS) are the most
The likely impact of climate change on population
serious. Importantly, data show that the gravity of
movements has been described by one source as follows:
the situation in the Great Lakes Region is particularly
‘Estimates have suggested that between 25 million to
acute on account of population size and duration, both
20
Institute for Security Studies
Compiled by Nyambura Githaiga
of which far outstrip the thresholds of a PRS. A key
things, ‘mixed migration flows’, ‘refugee warriors’, and
hypothesis of this paper is that there is an intimate link
the emergence of the environment as a major deter-
between forced displacement, on the one hand, and gov-
minant of displacement. Given these unprecedented
ernance and armed confl ict on the other. A second hy-
developments, the adequacy of the OAU Convention as
pothesis is on the role (adequacy or otherwise) of policy,
a regulatory framework becomes questionable. Not only
institutional and legal frameworks in the displace-
are existing defi nitions increasingly lagging behind in
ment–confl ict nexus. It is concluded that there does exist
capturing the unfolding reality around the notion of
a causal link (even if not direct and linear) between the
refugees, but new forms of human mobility are emerging
high incidence of displacement in the region and govern-
well beyond the purview of present legal precepts.
ance challenges, as well as the seemingly endless armed
On the one hand there are various sub-sets of
confl icts raging in the region. Inadequacies at policy,
persons, all of which are in some way or other associated
institutional or legal level are an aggravating factor.
with the notion of ‘refugees’. Most notable among these
In view of this, the study recommends fi rst and
are asylum seekers whose applications remain either
foremost that rather than approaching displacement
undetermined, or have been unsuccessful, but yet they
as a transitional phenomenon, policymakers should
remain within the territorial jurisdiction of that particu-
begin formulating mid- and long-term strategies in ap-
lar state while no solution has been found. Then there
preciation of the lasting nature of the phenomenon. In
are de facto refugees who are in confl ict with the host
broad terms, the ‘migration and development’ paradigm
country’s (rigid) residence and documentation require-
should be adapted. More specifically, mitigation and pos-
ments, thus bringing into question their de jure status.
sible disruption of the displacement–confl ict link seem
Refugees infringing these conditions find themselves
to call for greater focus and resources in the following
in the loosely defi ned category of ‘irregular settlers’, or
areas: entrenchment of an evidence-based culture in
undocumented migrants.
formulating policy interventions; fostering a culture of
The refugee continuum also embraces those refugees
broad, purposeful consultations with stakeholders in
who have opted for voluntary repatriation or resettle-
policy formulation and implementation; and ensuring a
ment (to a third country) and for whom the process has
more robust implementation and enforcement of treaty
not been taken to its fi nal, conclusive stage. Another and
obligations pertinent to forced displacement.
fi nal sub-set are those refugees who have repatriated
and for some reason or other continue to be in genuine
NATURE, MAGNITUDE AND
TRENDS OF DISPLACEMENT IN
THE GREAT LAKES REGION
need of both protection and assistance pending full re-
This section attempts to address three intercon-
procedures, as well as institutions (local or otherwise)
nected issues, namely the nature, scope, and trends
with the greatest responsibility for (or institutional
of displacement. It will seek to capture the various
mandate over) the individual or group in question. This
objective manifestations of human mobility that are of
distinction is also relevant to the process of identifying
particular relevance to the incidence of violent confl ict.
protection needs along with the possible security impli-
In summary, the manifestations of mobility can con-
cations for the concerned state(s). Needless to say, in-
veniently be grouped into ‘forcible’ and ‘voluntary’, or
ordinate delay in determining the status of applications
‘forced displacement’ and ‘migrants’.
for asylum is a source of considerable stress, unrest,
It is within the ‘forced displacement’ cluster that we
integration. They are the so-called ‘returning persons’.
I draw attention to these categories primarily to underscore the diverse nuances in terms of applicable law,
generalised violence, and fatalities for those in detention
fi nd refugees as well as internally displaced persons.
centres. Two other categories with a direct impact on
However, existing defi nitions as to who is a ‘refugee’
stability and security are what are loosely referred to
should not be regarded as comprehensive and exhaus-
as ‘environmental migrants’ and the so-called ’warrior
tive. Admittedly, the OAU Refugee Convention of 1969
refugees’, the latter associated with the much broader
brought a welcome normative development when it
problem of militarisation of refugee camps.
defi ned a refugee in more liberal fashion than the UN
One cannot ignore the phenomenon of internally
Convention.6 Having said that, it is equally important to
displaced persons in the Great Lakes Region. There
stress that since the adoption of the OAU Convention,
is largely consensus that IDPs should be recognised
much water has passed under the bridge. The interven-
as one of the newly emerging challenges to scholars,
ing years have witnessed a spectacular increase in the
practitioners and policymakers alike.7 Within a short
categories of persons in need of asylum and humanitar-
period of time – as captured by Table 1, and in contrast
ian assistance, a matter aggravated by, among other
to Table 2 – IDPs have overtaken refugees as the largest
ISS Workshop Report
21
Regional dimensions of conflict in the Great Lakes
Table 2 Country statistics on refugees in the Great Lakes Region, 2010
g in
Number of refugees
hosted by ‘country of
origin’
Number of refugees
from country of origin
Origin
s
Burundi
of
Democratic Republic of Congo
Number of refugees
who returned to
country of origin
Number of refugees
per 1 000 of
population
84 004
29 365
4 766
3,50
476 693
166 336
16 631
2,52
8 602
402 905
325
9,95
Rwanda
114 836
55 398
10 906
5,21
Tanzania
1 144
109 286
0
2,44
Uganda
6 441
135 801
59
4,06
691 780
899 091
32 687
Kenya
Total
Source Extracted from http://www.guardian.co.uk/news/datablog/2010/jun/15/refugee-statistics-unhcr# (accessed 30 August 2011).
and fastest growing constituency among the forcibly
for human mobility of regional economic systems, a key
displaced. Indeed, a perusal of global databases and
component of which is the free movement of production
analysis of trends in forced displacement, confi rms a
factors. In other words, human mobility is not only in-
decline in refugee populations against dramatic leaps in
separable from the history of the region but is a defining
the numbers of IDPs.8 In addition, and what is particu-
characteristic of the present and foreseeable future.10
larly pertinent to this paper, internal displacement has
Second, and as has been captured in Tables 1 and 2,
invariably been linked with particularly grave conflicts,
there is the confl icting trajectory between refugees on
be it in the Great Lakes Region, Asia or Latin America.9
the one hand and the remaining categories of forcibly
Policymakers engaged with the issue of mobility and
displaced persons and migrants on the other.
A third notable development is the incidence of
security need also bear in mind two other phenomena
that are gaining prominence in the region, namely
‘mixed migration flows’ whose perplexing humanitarian
human smuggling and trafficking.
and security challenges are associated with the fact that
While it cannot be claimed that the above constitutes
a huge and, typically, spontaneous cross-border influx
an exhaustive list of the manifestations of human
combines persons governed by different and sometimes
mobility of consequence to security, it is fair to say that
confl icting policies, laws and institutions. A classical
the list does capture the most significant and highly
illustration was the phenomenal influx from Rwanda
visible groups.
in the wake of the 1994 civil war and genocide. At one
Leaving behind the dual issues of nature and magni-
point, nearly 250 000 persons were reportedly cross-
tude of displacement in the sub-region, we now turn to
ing the border with Tanzania every 24 hours, putting
those trends in displacement with the greatest relevance
unprecedented pressure on border management, disease
to the displacement–security nexus. That forced dis-
control, provision of relief assistance, water and land.11
placement and migration have deep, pervasive roots is
It soon emerged that along with genuine asylum seekers
not readily acknowledged – neither is the implication
were heavily armed ex-FAR (Forces Armées Rwandaise)
Table 3 Global refugee statistics by geographical region
Number of refugees
originating from the region
Number of refugees
migrating to other regions
Number of refugees who
returned to region of origin
Asia
6 393 200
97 584
5 620 502
Africa
2 805 165
149 480
2 300 062
Europe
528 245
4 319
1 628 086
Latin America and Caribbean
462 808
70
367 437
Various
202 550
25
0
North America
2 467
0
444 895
Oceania
2 105
0
35 558
Source Data extrapolated from UNHCR and US Committee for Refugees and Migrants websites.
22
Institute for Security Studies
Compiled by Nyambura Githaiga
Interahamwe and militia, some of whom were responsi-
effective and efficacious confl ict transformation and
ble for such serious crimes against international law as
post-confl ict reconstruction system is highly dependent
12
genocide and crimes against humanity.
Each of the six countries of the Great Lakes Region
upon the relevant regulatory framework. It is against
this background that in the section attention is given to
under discussion is a significant country of asylum
policy directives, laws, and institutions at the core of the
and save for Tanzania, a notable country of origin as
regulatory framework pertinent to displacement.
well (see Table 2). In this, the region is not exceptional,
Of particular concern is the extent to which the
since a similar scenario exists in other regions of the
framework conforms to existing international normative
continent such as the Greater Horn. What sets the Great
standards and practices, most notably the adequacy
Lakes Region apart, however, is the gravity of the situ-
with which effect is given to voluntarily assumed treaty
ation (over 25 000 persons exiled for an uninterrupted
obligations and, in particular, ratification, domestication
period of more than 12 years) prompting scholars and
and the adoption of other treaty implementation meas-
practitioners to label it a ‘protracted refugee situa-
ures. Another area of concern is the level of coherence
13
tion’ (PRS). Relevant to this paper is the high linkage
between the various components of the framework, that
between PRS and the incidence of violent confl ict.
is, law, policy and practice. A fairly high number of trea-
Two other facts are worth mentioning: the location of
ties have been signed by member states in the region. An
refugee camps (in terms of distance from international
entirely different matter is ratification status, domestica-
frontiers) and the policy responses to the incidence of
tion, and other follow-up implementation measures.
displacement and migration. Often, and understand-
If tardiness in treaty compliance was confined to
ably, refugee camps are pitched in close proximity to
generally applicable global treaties such as the UN
the common border with the refugee’s country of origin
Convention on the Status of Refugees, 1951, there
despite the (ambivalent) prescription of the OAU Refugee
would have been no reason to raise alarm. Ratification
Convention that camps be located ‘at a reasonable
status, domestication and follow-up administrative and
distance from the frontier of [the refugees’] country of
judicial measures are a cause for concern, however,
origin’. In reality refugees are often settled in a remote,
even in respect of homegrown sub-regional treaties
resource challenged area characterised by a weak or
such as the Nairobi Pact of 2006 and two of its most
nominal presence of central government but inhabited
relevant protocols.15
by communities straddling a highly porous international
It needs to be stressed that the ‘Great Lakes Process’
frontier. Such a camp profi le is a recipe for tension and
holds the greatest potential in meaningfully addressing
suspicion in relations between host and origin countries.
the seemingly ceaseless conundrum of displacement
The presence of warrior refugees and militarisation of
and confl ict in the region.16 Although the process traces
the camps add to the strained relationship between the
its legislative origins to the UN Security Council and the
refugees and local communities.
African Union, it is a homegrown initiative and is dis-
As for an overall assessment of host country re-
tinct for its holistic, integrated approach in confronting
sponses, it is fair to say that apart from a handful of
the governance, stability and development challenges in
‘maverick’ approaches, most policy interventions lean
the region.
towards the predominant global trend, which is towards
restrictionism and away from what Rutinwa and others
have termed the ‘golden age of asylum’, as exemplified in
Tanzania’s erstwhile egalitarian ‘open door policy’.14
DYNAMICS OF THE DISPLACEMENT–
CONFLICT NEXUS IN THE
GREAT LAKES REGION
REGULATORY FRAMEWORK
GOVERNING DISPLACEMENT
This section, with the aid of Chart 1, attempts to capture
This study is premised on the existence of a causal
events of the mid-1990s in Rwanda.
link between displacement and confl ict, but also on
the dual phenomenon of displacement and confl ict. The
initial discussion will be followed by an examination of
At the very top of the chart is a block representing an
the presumption that the adequacy, or otherwise, of
existing situation of ‘violent confl ict’ (the most extreme
the regulatory framework governing displacement is
case of which is either ‘intrastate’ or ‘interstate war’).
a key variable in the equation. There is one further
The term ‘confl ict’ adopts the defi nition articulated in
hypothesis. A sound regulatory framework is likely to
the Geneva Conventions of 1949 and, more specifically,
prove important in checking excesses associated with
by the Additional Protocols of 1977 and case law of the
displacement and in so doing, preclude, or mitigate,
UN ad hoc Tribunals for the Former Yugoslavia (ICTY)
the incidence of confl ict where it erupts. Conversely, an
and for Rwanda (ICTR). A distinction is made between
ISS Workshop Report
23
Regional dimensions of conflict in the Great Lakes
Chart 1 Displacement–conflict nexus
international and non-international armed confl icts. For
displacement (IDPs and refugees alike) in the newly af-
their part, the Geneva Conventions of 1949 defi ne the
fected countries, a development likely to exacerbate the
former as ‘all cases of declared war or of any armed con-
original confl ict and in that way, complete the vicious
fl ict’ or, ‘occupation … even if the said occupation meets
cycle of displacement and violence.
with no resistance’.17 Article 1 of Additional Protocol
II, on its part, defines a non-international confl ict (in
popular parlance, civil wars) as an armed confrontation
taking place within the territorial confi nes of a state
1994 DISPLACEMENT IN RWANDA
AND REGIONALISATION OF CONFLICT
and pitting government forces against ‘dissident armed
The Great Lakes Region confirms the widely held view
forces or other organized armed groups’. It needs to be
that displacement and confl ict are intimately connected
stressed that the Great Lakes Region has the dubious
in that confl ict is often among the major ‘triggers’ of
record of experiencing both categories of armed confl ict.
forced displacement, and PRS in particular, while the
In the Jean Paul Akayesu case, for example, the court
latter is, concurrently, a significant source of instability
characterised the confrontation in Rwanda at the time
and war. A classical illustration of this toxic symbiotic
of the genocide as amounting to a ‘non-international
relationship between displacement and confl ict can be
armed confl ict’.18 International armed confl icts are
found in the situation in the Great Lakes Region follow-
equally not unfamiliar to the Great Lakes Region and
ing the exodus out of Rwanda in 1994. The genocide,
have even given rise to international litigation.19
coupled with the civil war, left many Rwandese with no
The threat of violent confl ict to human security
other option but fl ight, internally and across borders. In
leaves no other option than fl ight, which in turn takes
addition to the internally displaced, nearly 2,5 million
two major forms – internal displacement for IDPs, and
people sought refuge in the neighbouring countries of
cross-border influx resulting in asylum seekers and refu-
Burundi, the then Zaire, Tanzania and Uganda.
gees, as depicted by the two blocks to the right. The next
The regional security implications of the phenomenal
block, ‘Internal tension’, underscores the deterioration
scale of displacement became apparent in a relatively
in stability and tranquility generated by the presence of
short time in the form of refugee warriors, militarisation
IDPs and refugees.
of refugee camps, arms trafficking, expropriation of
Where no effort is made to contain and localise these
humanitarian resources by armed groups, breakdown
tensions, or such efforts prove fruitless, an escalation of
of law and order, truncated capacity of governmental
tension occurs with a spill-over into a neighbouring state
authorities (of the country of asylum) to assert authority
or into several contiguous states, thus ‘regionalising’
in the refugee camps, and openly heightened vulner-
what originally was a local, intrastate confl ict. Once this
ability of host countries, particularly Tanzania. In this
happens, there is a high possibility of a fresh wave of
way what should have been an ‘innocent’ population
24
Institute for Security Studies
Compiled by Nyambura Githaiga
displacement rapidly turned toxic, threatening to
and instability. The International Conference of the
destabilise the entire sub-region. For example, refugee
Great Lakes Conference (ICGLR) makes it very clear that,
camps in Zaire at the time were known to accommodate
often enough, confl ict and instability impair economic
persons masterminding and overseeing the Rwandese
development and entrench poverty. In other words,
genocide, that is, genocidaires. With contemptuous bold-
fi nding a sustainable solution to PRS is fundamental
ness Rwandese militia replicated the political structures
to securing lasting peace, stability and development.
of home country communes within refugee camps
However, finding an acceptable and meaningful solution
20
in Tanzania and Zaire. To compound the problem,
Interahamwe and ex-government armed forces (FAR)
to displacement is easier said than done.
For example, considerable literature exists on the
began to recruit, rearm and train. Milner asserts that
three traditional ‘durable solutions’ to the refugee
the ‘direct security concerns faced by Tanzania relate
problem: repatriation, resettlement and local integra-
to allegations that Burundian armed elements were
tion. Experts have often shown the severe constraints
based in and around the [refugee] camps, and the belief
characterising each of the three, despite unanimity
that the presence of refugees facilitated the flow of
about the comparative suitability of repatriation. Given
small arms’.21
the peculiarity of PRS, strategies in addressing the
According to one analysis, the Hutu militias created
scourge requires one to ‘think out of the box’ and, as a
such insecurity that, in 1996, the Rwandan Patriotic Front
minimum, bring strategic innovation to the understand-
(RPF)-led government in Rwanda repeatedly demanded
ing and application of the three traditional durable
that the Congolese government dismantle the refugee
solutions. For this reason I find the approach taken by
camps or face an armed intervention by the Rwandan
the ‘Great Lakes Process’, given its holistic, inclusive
Patriotic Army (RPA), the armed wing of the RPF.22
and proactive sweep, as being the most promising in
Indeed, part of the rationale for RPA support for the anti-
combating the triggers along with drivers of instability
Mobutu Alliance of Democratic Forces for the Liberation
and confl ict.
of Congo-Zaire (ADLF) led by Laurent Desire Kabila was
As Milner and Loescher warn,24 a distinction should
to eliminate the potential military threat posed by Hutu
be drawn between PRS and related emergency situa-
militia in the refugee camps, who were perceived as
tions. Second, it is worth exploring the possible mutual
23
a serious security threat by Kigali. Put simply, what
reinforcement of the three durable solutions, coupled
initially was an intrastate issue not only led to multiple
with other novel options. Indeed, there is near unanim-
cross-border influxes from Rwanda into contiguous coun-
ity that relocation to a third country (in other words
tries of the sub-region, but as Chart 1 attempts to show,
resettlement) is of limited use and efficacy. The total
the entire Great Lakes Region experienced instability and
number of those able to enjoy this durable solution,
insecurity which could be directly traced to (intrastate)
as a proportion of those in need, is a mere drop in the
conflict and displacement within Rwanda.
ocean25 and can therefore not be regarded as contribut-
Acknowledging the causal link between displacement
ing significantly in alleviating the PRS-related burdens of
and confl ict should not be taken to suggest that all situ-
the respective country of asylum. This should not come
ations of displacement – including a protracted refugee
as a surprise given the fact that resettlement is an en-
situation – inevitably lead to violent confl ict. Conversely,
tirely discretionary matter for the state wishing to have
wherever there is violent confl ict, massive population
refugees relocate to its territory on permanent terms of
displacement is the inescapable outcome. Practitioners
residence. Local integration (entailing naturalisation),
and scholars have identified a number of ingredients
like resettlement, is a solution that is among the least
or the preconditions for the causal link to unfold, as
popular for policymakers and as a result offers of local
did happen in the case of Rwandese displacement. It is
integration are so rare that countries of asylum such as
however fair to stress that the singular most threatening
Tanzania stand out.26
prerequisite seems to be the existence of a PRS.
In a variety of policy documents, voluntary return of
refugees to the country of origin is often touted as pref-
PROTRACTED REFUGEE
SITUATIONS AND THE SEARCH
FOR DURABLE SOLUTIONS
erable among the traditional solutions.27 And yet, as the
Tanzanian experience has dramatically shown, this is
not always the case. Of the 218 000 Barundi refugees in
the so-called Old Settlements of the Tabora and Rukwa
It has been shown that of all situations of human
regions of south-central Tanzania, only 20 per cent opted
forcible displacement, protracted refugee situations
to return to their home country, as opposed to 80 per
would seem to be the more severe and with far-reaching
cent who expressed a clear preference for assimilation
consequences, including (intra- and interstate) confl ict
and acquisition of Tanzanian citizenship.
ISS Workshop Report
25
Regional dimensions of conflict in the Great Lakes
Otherwise, refugee movements, and migration in
refrain from considering previous initiatives. It needs to
general, are increasingly being viewed in a more enlight-
be recalled that, in 1983, Tanzania’s president, Mwalimu
ened manner, giving rise to the ‘migration and develop-
Julius Nyerere, became the second ever African (after
ment’ discourse.28
Botswana’s Sir Seretse Khama) to receive the Nansen
The migration and development discourse is relevant
Award, the most prestigious honour conferred by
to the displacement–confl ict nexus (which is the primary
UNHCR, for extraordinary and dedicated service to the
concern of this paper) in a number of ways. First and
refugee cause. In 2008, Tanzania once again came into
foremost is the fact that refugees are considered to be an
the international limelight. According to the Head of
integral component of international migration. Second,
Delegation of the European Commission, Tanzanian
a key strategy within migration and development is
authorities have taken a unique and unprecedented act
emphasis on the enhancement of the human rights
of generosity and humanity on account of the offer of
regime within national boundaries as a tool in address-
naturalisation to Barundi refugees.33
ing poverty, poor governance, and confl ict, all of which
The ongoing initiative was articulated for the first
29
are known triggers of displacement and migration. A
time in 2007 with the signing of a tripartite agreement
related and pertinent tenet is the insistence that migra-
between the governments of Tanzania and Burundi, and
tion should be the result of choice rather than necessity.
UNHCR. The troika launched TANCOSS, or the Tanzania
According to the Global Commission on International
Comprehensive Solution Strategy. It is instructive that
Migration (GCIM), ‘women, men and children should be
TANCOSS, in its bid ‘to bring a dignified end’ to one of
able to realize their potential, meet their needs, exercise
the world’s most conspicuous PRS, ignored ‘resettlement’
their rights and fulfi ll their aspirations in their countries
all together. The Barundi refugees who had fled their
of origin’.30
home country in 1972 – now numbering 218 000, of
whom 82 per cent were born in Tanzania – were offered
TANZANIA AND THE SEARCH
FOR DURABLE SOLUTIONS TO A
PROTRACTED REFUGEE SOLUTION
a two-pronged ‘durable solution’ instead: voluntary repa-
If one was tasked with fi nding a classical illustration of
and completed the naturalisation phase, TANCOSS had
PRS within the Great Lakes Region, the search would
been brought to its conclusion and the stage was set
include, if not end, with Tanzania. Let us bear in mind
for the dispersal of the refugees from the ‘refugee set-
that scholars and practitioners insist we have a ‘major
tlements’ and re-integration into local communities in
PRS’ whenever 25 000 refugees have been in exile for
various destinations within the country.
triation, on the one hand, and local integration, entailing
naturalization, on the other.
Having brought the repatriation exercise to an end
It is for this purpose that the National Strategy
more than five years with no immediate prospect of a
31
durable solution. Curiously, even the term PRS barely
for Community Integration Programme (NaSCIP) was
captures the gravity of the situation in Tanzania. This
adopted in early 2010. Its objective is the ‘relocation
is evident from Table 4, which shows that at the end
and effective local integration of the newly naturalised
of December 2006 there were 481 000 refugees from
Tanzanians’ (NNTs).34 NaSCIP assigns the lead role to
Burundi and the DRC in Tanzania, with an average
the Prime Minister’s Office – Regional Administration
32
duration of exile of 22,5 years. As a country of asylum
and Local Government (PMO-RALG), popularly known
and PRS par excellence, Tanzania’s quest for a ‘durable
by the Kiswahili acronym TAMISEMI, with support
solution’ to its refugee population should be a matter
from UNHCR. A pertinent section of NaSCIP sets out the
of heightened interest for scholars, policymakers, and
guiding principles of the integration programme, which
indeed, refugees themselves.
may conveniently be grouped into three broad clusters:
Constraints of time and space require that the author
confi ne himself to a search for durable solutions and
those of general applicability, those that are relatively
specific, and transitory matters.
Table 4 Nationality of refugee population in Tanzania and duration of exile (December 2006)
Nationality
Population
Duration of exile (years)
Burundi
353 000
35,0
Democratic Republic of Congo
128 000
10,0
Total
481 000
22,5
Sources: Compiled from the World Refugee Survey 2007 and the UNHCR Statistical Yearbook of the same period.
26
Institute for Security Studies
Compiled by Nyambura Githaiga
Five other matters in this innovative policy document
deserve attention. NaSCIP acknowledges and implicitly
under increasing threat of ‘restrictionism’ and the ‘securitisation’ of asylum.
promotes the possibility of naturalised persons sponta-
Third is the related problem of ‘mixed migration
neously and independently relocating to destinations of
flows’ in which embedded within genuine asylum
individual choice within the country, but, importantly,
seekers are all manner of irregular migrants, including
without seeking fi nancial assistance from TAMISEMI.
the smuggled and trafficked, and the resultant complica-
However, in the estimation of the Tanzanian govern-
tions for authorities responsible for border control and
ment and UNHCR, this category will be the smallest
management, as well as refugee status determination.
compared to those who will require assistance to relo-
Fourth, there is the prevailing institutional,
cate and integrate. Partly because of the sheer size of the
policy and normative framework governing refugees.
latter group (comprising about 35 000 households) and
Complications arise from the weakness of individual
the logistical (and several other dimensions, including
states to fully comply with voluntarily assumed treaty
security) implications, spontaneous relocation was found
obligations, for example under the UN Convention
to be not a sensible and practical option.
on the Status of Refugees, 1951, and the AU Refugee
Instead, NNTs will be required to relocate to one of
Convention, 1969, or even the East African Community
16 specified districts of Mainland Tanzania. A second
Treaty, 1999, or the Great Lakes Nairobi Pact, 2006. While
major issue is the ‘operational support’ required to
signature and ratification status is laudable, treaty
implement NaSCIP and which revolves around four sub-
domestication and adoption of the required administra-
clusters: individual handouts to NNTs; land acquisition;
tive and judicial implementations measures are far
support for destination local communities (otherwise,
more important.
the ‘community-based support’); and mass mobilisation
Fifth, and related to the above, is the need to harmo-
campaigns. A third cluster is the sensitive issue of re-
nise laws and policies, as required by the treaty for the
source mobilisation. In 2010, it was estimated that rolling
establishment of the East African Community (EAC) of
out NaSCIP will come with a price tag of nearly US$144
1999. There are intrastate discrepancies with regard to
million staggered over the period 2010-2014. Fourthly,
policy and legal frameworks and practices pertaining to
policymakers took cognisance of the fact that, in 2015,
refugees. Either an official policy document on refugees
Tanzania will be holding its fifth general elections since
is absent altogether (Kenya, Uganda), or existing law
the advent of plural politics35 and it is therefore unwise to
and practice do not fully reflect the policy document
allow a politically loaded issue such as mass naturalisa-
(Tanzania). In other cases one encounters multiplicity
tion and relocation of refugees to coincide with a period
and duplicity not only in refugee-related institutions, but
of national economic, social and political tension.
also in laws (Burundi).
Sixth, institutional capacity – especially among gov-
CONCLUSION
ernment authorities – lags far behind the magnitude and
The Great Lakes Region continues to be a major global
with responsibility for refugee status determination and
flashpoint regarding both displacement and migration.
border control and management with requisite special-
Even with the successful roll-out of NaSCIP, Tanzania
ised knowledge and skills requires far more resources
will still have over 20 000 refugees with no durable
than are currently available.
complexities of the refugee problem. Empowering those
solution within easy reach. The issue of refugees and
Finally, support for teaching, research, and outreach
in particular that of protracted refugee situations (PRS)
will not only create an enlightened public mind but will
in the Great Lakes Region is therefore real and likely to
go a long way towards building harmonious relation-
linger on in the foreseeable future. Policymakers and
ships between the displaced and their host communi-
other regional players would therefore be well advised
ties. Another major dividend, especially from teaching
to bear in mind this stark reality and embrace the
and research and publication, is the adoption of policy
necessity of both short-term and long-term counter-
decisions grounded in evidence-based, rigorous scholarly
strategies. Second, policymakers, humanitarian agencies
interrogation.
and other actors need to be mindful of peculiarities of
population displacement in the region. On the one hand
there is the problem of ‘refugee warriors’ and the related
issue of militarisation of refugee camps, internal and
regional stability and security. On the other hand are the
NOTES
1
For details and an overview of the ICGLR visit http://www.icglr.org.
2
Henri Médard and Shane Doyle (eds), in Slavery in the Great Lakes
legitimate human rights and protection needs of asylum
Region of East Africa, Oxford: James Currey, 2007, give a persua-
seekers and other categories of migrants that are coming
sive explanation of the term ‘Great Lakes Region’.
ISS Workshop Report
27
Regional dimensions of conflict in the Great Lakes
3
4
Details can be found on the website of the Internal
in Africa, New Issues in Refugee Research, Working Paper No
displacement.org (accessed 2 December 2011).
5, Geneva: UNHCR, May 1999, 4. See also Sreeram Chaulia,
Norwegian Refugee Council, Future floods of refugees: a comment
on climate change, conflict and forced migration, 2008, citing E
El-Hinnawi, Environmental refugees, New York: United Nations
Environment Program (UNEP), 1995, http://www.nrc.no/arch/_
5
Protection and Assistance to Internally Displaced Persons and
displaced persons’.
the Protocol on the Property Rights of Returning Persons, which
According to the IOM, the term ‘illegal migrant’, which is widely
Geneva: IOM, 2011, 54, http://joomla.corteidh.or.cr:8080/joomla/
images/stories/Observaciones/11/Anexo%205.pdf (accessed 17
Importantly, only a handful of the eleven member states of the
ICGLR have ratified and domesticated these two protocols.
16 Details of the ‘Great Lakes Process’ can be found at http://www.
icglr.org.
17 Article 2, common to all four Geneva Conventions, 1949. This
must be read in conjunction with Article 1 of Additional Protocol
In contrast with Article I (2) of the OAU Convention, Article 1 of
I of 1977 which considerably widens the range of international
the 1951 Convention defi nes a ‘refugee’ in terms of an individual
armed confl icts.
In addition, the 1951 Convention confi nes itself to a ‘well
founded fear of persecution’ as the only legitimate grounds for
claiming asylum.
At the UN, the focal point is the Special Rapporteur on the
Human Rights of IDPs, an office established in 1992. Among the
world’s leading institutions dedicated to the study of internal
displacement is the Internal Displacement Monitoring Centre
in Geneva (http://www.internal-displacement.org) and the
Brookings Institution (http://www.brookings.edu) operating
from Washington DC.
In particular, see World Refugee Surveys of the US Committee
on Refugees and Migrants and the Global Overviews of Trends
published by the Geneva-based Internal Displacement Monitoring
Centre.
The confl ict–displacement nexus has been the subject of two
international conferences organised by the Bonn International
18 The Prosecutor v Jean-Paul Akayesu, Case No ICTR-96-4-T, paragraph 621.
19 In particular, Case Concerning Armed Activities on the Territory
of the Congo (DRC v Uganda), ICJ Reports, 2005 and ICC, Prosecutor
v Germain Katanga and Mathieu Ngudjolo Chui, ICC-01/04-01/07.
20 Ogata, The turbulent decade, 179, for instance, describes in moving
detail how a crowd of 5 000 camp-based refugees in Tanzania
rioted over the arrest of former bourgmaster and suspected
genocidaire Jean-Baptiste Gatete at the Benaco refugee camp in
northwestern Tanzania.
21 James Milner, Refugees: the state and the politics of asylum in Africa,
Oxford: Palgrave Macmillan, 2011, 128.
22 For details see John F Clarke (ed), The African stakes of the Congo
war, Kampala: Fountain Publishers, 2003, passim, but especially
in Chapter 8, by Timothy Longman, The complex reasons for
Rwanda’s engagement in Congo, 129-144.
Centre for Conversion (BICC). See for example its publication
23 Ibid.
Migration and displacement in Sub-Saharan Africa: the security–migra-
24 Milner and Loescher, Responding to protracted refugee situations, 15,
tion nexus, 2008, edited by Clara Fischer and Ruth Vollmer,
http://www.bicc.de/uploads/pdf/publications/briefs/brief39/
brief39.pdf (accessed 18 May 2012).
10 See for example K Kamanga, The changing manifestations of
16.
25 While conceding that resettlement has the potential for not
only serving as a durable solution, vital protection tool, and an
international responsibility-sharing mechanism, the UNHCR
forced migration: Africa in denial of its migrant history? Refugee
Statistical Yearbook for 2007 makes the sobering observation
Insights, Newsletter of the Refugee Consortium of Kenya, (12 &
that only a paltry 1 per cent of the world’s refugees directly
13), July–December 2007.
benefited from resettlement.
11 For details see Sadako Ogata, The turbulent decade: confronting the
refugee crises of the 1990s, New York: Norton, 2005, 172-275.
12 Besides Ogata no other book captures this gruesome reality as
vividly as that by a former UNAMIR commander, the Canadian
26 A subsequent section will discuss at length an ongoing initiative known best by the acronym NaSCIP, that is, the National
Strategy for Community Integration Programme.
27 The Tanzania National Refugee Policy of September 2003 is il-
Lieutenant General Roméo Dallaire, Shake hands with the devil: the
lustrative and so too are countless UNHCR policy directives and
failure of humanity in Rwanda, Toronto: Random House, 2003.
studies.
13 Recent works on this phenomenon include James Milner and Gil
28
are the most important protocols in the context of this paper.
May 2012).
rather than a group member and is particularly individualistic.
9
15 Appended to the 2006 ICGLR Pact on Security, Stability and
Development are ten protocols including the Protocol on the
denying migrants’ humanity: see Glossary on migration, 2nd ed,
8
unsustainability, insecurity and receding receptivity, Journal of
Refugee Studies 16(2) (2003), 147–166.
being made to ‘environmental migrants’ and ‘environmentally
and residence, carries a criminal connotation and seen as
7
The politics of refugee hosting in Tanzania: from open door to
img/9268480.pdf (accessed 17 May 2012). Increasing reference is
used by drafters of national legislation governing immigration
6
14 B Rutinwa, The end of asylum? The changing nature of refugee policies
Displacement Monitoring Centre (IDMC) at http://www.internal-
28 Among leading fora championing this cause is the UN General
Loescher, Responding to protracted refugee situations: lessons from
Assembly High Level Dialogue on International Migration and
a decade of discussion, Oxford: Refugee Studies Centre, Forced
Development (HLD), the Global Commission on International
Migration Policy Briefi ng 6, January 2011, http://www.rsc.ox.ac.
Migration (GCIM), and the Global Forum on Migration and
uk/events/launch-policy-briefi ng-6/RSCPB6-RespondingToProtra
Development (GFMD). In respect of Africa, two initiatives are
ctedRefugeeSituations.pdf (accessed 17 May 2012).
worth pointing out. These are the African Union Strategic
Institute for Security Studies
Compiled by Nyambura Githaiga
Framework for a Policy on Migration, 2001, and the IOM’s
to the subsequent year, no elaborate durable solution had yet
Migration and Development in Africa (MIDA) strategy.
been found for neither of the two groups of refugees.
29 Global Migration Group, Mainstreaming migration into development
33 In terms of a 2008 agreement the EU would support the UNHCR
planning: a handbook for policy-makers and practitioners, Geneva:
in rolling out the naturalisation process of Barundi refugees
IOM, 2010, 11.
through a grant of €2,5 million.
30 Global Commission on International Migration, Migration in an
34 In working meetings of TAMISEMI, the term NNTs was subse-
interconnected world: new directions for action, Report of the GCIM,
quently replaced with ‘relocating Tanzanians’ as a means of
2005, 4.
escaping the ambiguity and possible stigma that was likely to
31 Milner and Loescher, Responding to protracted refugee situations, citing
UN High Commissioner for Refugees, Conclusion on protracted refugee
situations, 22 December 2009, No 109 (LXI), 2009, 3, http://www.
unhcr.org/refworld/docid/4b30afd92.html (accessed 18 May 2012).
32 Data have been gleaned from the World Refugee Survey 2007
accompany the term ‘newly naturalised’ Tanzanians, which
suggested on that there exist ‘classes’ of citizens.
35 Multipartyism, as the phenomenon is widely known, was formally ushered in with the enactment of the Political Parties Act
in 1992 and politically following the general elections of 1995
and the UNHCR Statistical Yearbook for the same period. The
and the emergence of an ‘official opposition’ to the ruling party
benchmark 2006 has been taken since at that stage, as opposed
within Parliament.
ISS Workshop Report
29
Bridging the Great Lakes
Implementing the human rights dimension of the
International Conference on the Great Lakes Region
Dr Isabell Kempf1
Regional Human Rights Adviser, UN-OHCHR, ICGLR
HOW THE INTERNATIONAL
CONFERENCE ON THE GREAT
LAKES REGION STARTED
six core countries (Burundi, the DRC, Kenya, Rwanda,
The idea to organise an International Conference on the
upon. At the first meeting the core countries, among
Great Lakes Region (ICGLR) originated in response to re-
other things:
Tanzania and Uganda) in Nairobi in June 2003. It was at
these meetings that the objectives, calendar, structure
and principal themes of the conference were agreed
gional crises in the 1990s, particularly the 1994 genocide
in Rwanda. United Nations Security Council Resolution
■
1097, adopted unanimously on 18 February 1997, was
one of the motivators of this project asking for the set-
International Conference for the Great Lakes Region
■
tlement of the confl ict in the region through political
Insisted on ownership of the conference by the region
and on the need to host all the meetings within the
dialogue and the convening of an international conference on peace and security in the Great Lakes region. In
Agreed on the principle of convening the
sub-region
■
Concurred that the preparatory process could be
a similar way, the Special Envoy of the European Union
started immediately but that the conference itself
on numerous occasions expressed the need to find a
should take place once the Arusha and Lusaka peace
regional approach to the multiple crises in the region.
processes had reached a mature stage (that is, the
Inter-Congolese Dialogue had been completed, the
Our model is the Conference for Security and
transitional government in DRC was in place, and an
Cooperation in Europe, which made a fundamental
all-inclusive ceasefi re had been reached in Burundi)3
contribution to the consolidation of peace and
stability on the Old Continent. The aim is to crate
In 2004 five additional countries were incorporated
the basis for a new partnership between the coun-
into the group of core countries, namely Angola, the
tries of the region and between these countries
Central African Republic (CAR), the Republic of Congo,
and the rest of the international community.2
Sudan and Zambia. In 2004, in addition to the National
Coordinators’ meetings, there was also a meeting of
At the end of the 1990s, the idea was to have the three
women in Kigali, youth in Kampala, and civil society in
belligerents, the Democratic Republic of Congo (DRC),
Arusha, as well as the first meeting of foreign affairs
Uganda and Rwanda, sign a peace agreement. However,
ministers in preparation for the first Summit of Head
they refused to meet, which led to the idea of an inter-
of States and Government in Dar-es-Salaam, where
national conference which included all the actors in the
the Dar-es-Salaam Declaration on Peace, Security,
sub-region involved in the war, under the auspices of the
Democracy and Development in the Great Lakes Region
UN and the African Union.
was signed by the eleven presidents of the core countries
The preparatory process for the International
in November 2006. This expression of the political will
Conference on the Great Lakes Region started with the
of the region to work together was tested only a few
first National Coordinators’ meeting of the original
days later when a security crisis between Rwanda and
30
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Compiled by Nyambura Githaiga
the DRC emerged. It was thanks to the good office of the
actors with a strong interest in the region into its Group
chair of the conference (Tanzania) that the crisis was
of Friends.
resolved peacefully.
After the first summit in Tanzania, the ICGLR started
the elaboration of the Peace, Stability and Development
A PARTICIPATORY APPROACH
Pact based on an agreed structure, participation and in-
The participatory approach of the process includes a
ternational partnership, which will be explained below.
wide range of actors. The eleven core countries (Angola,
The participatory process of the elaboration of the Peace
Burundi, CAR, DRC, Kenya, Republic of Congo, Rwanda,
Pact took place in 2005, whereas the signature of the
Sudan, Tanzania, Uganda and Zambia) include those
Peace Pact was postponed until December 2006 to allow
that were most affected by confl icts in the Great Lakes
for the results of the elections in the Republic of Congo
Region. These countries participate in all meetings,
which took place in July 2006.4 The pact created its
present their positions, and take all relevant decisions.
own secretariat of the ICGLR, which has been based in
They are also the signatories of the declaration and the
Bujumbura since 2007, as well as a follow-up mechanism
Peace Pact. Each of the core countries has a national
at the political level that will be explained below.
coordinator and a national preparatory committee,
which was converted into the National Coordination
PEACEBUILDING FROM BELOW
Peacebuilding theories in the 1990s built on the experi-
Mechanism during the implementation phase of
the pact.
The National Coordinator is the head of the National
ences of trying to build a culture of peace in areas of
Coordination Mechanism and is also the liaison person
armed confl ict in internal wars, such as the one in
between the secretariat of the ICGLR and the national
the former Yugoslavia. Fetherston calls these counter-
authorities on all maters relating to the conference.
hegemonic or post-hegemonic peacebuilding projects
His/her role is to follow up on the implementation of
and the idea is to move from a neutral outsider approach
decisions relating to the conference at the national level,
5
towards a partnership with local actors. The involve-
which is why the National Coordinator is usually at the
ment of local actors is seen as a condition for achieving
level of an ambassador. Regular meetings of the national
stable peace through the use of the peacemaking poten-
coordinators during the conference process are an im-
tial of the communities themselves.
portant way to discuss and take decisions in a collegial
This approach is especially important in a confl ict
area such as the Great Lakes Region, where many
and consultative manner.
The National Coordination Mechanism has to
communities have cross-border ties which are often
elaborate a national work plan for the implementation
stronger than national ties. The involvement of differ-
of the pact, assist in articulating national positions and
ent societal actors in a framework for peacebuilding
contributions and carry out activities for the effective
from below includes the private sector; the planning
participation of each country in the conference. They
ministry and farmers cooperatives; military actors such
are composed of technical staff from the different
as demobilised soldiers, military and police officers;
ministries relevant to the four themes of the confer-
political leaders such as grassroots leaders, parliamen-
ence, as well as representatives from civil society and
tarians and ministers; as well as social leaders such as
youth and women’s groups. Some later also included
representatives of youth and women’s groups, the media,
representatives from the private sector. The mechanism
and religious authorities. The structure of the confer-
also has to make the conference process known inside
ence allowed for the inclusion of all these actors in the
the country and share its results with different sectors
national delegations and for their local wisdom and ex-
of the population. The core countries are responsible
perience to be taken into account. One example of such a
for fi nancing their own committees but did also receive
project is the establishment of a regional media council
some fi nancial support from the Group of Friends during
as part of the Peace Pact, which would contribute to the
the negotations.
promotion of a peace culture and prevent phenomena
The fact that the number of core countries was
such as the hate media which greatly contributed to the
increased to eleven reflects the spillover effect of
genocide in Rwanda.
confl ict in the region. An example of the interrelation-
The architecture of the conference also took into
ship between the different confl icts in the region is the
account the global and regional forces that impact on
seizure of power by the Rwandan Patriotic Front (RPF) in
the communities and the region by allowing neighbour-
1994 after the genocide in that country. When the RPF
ing countries to participate as co-opted members of
crossed the border into Zaire (now the DRC) to persecute
the conference, as well as integrating international
the Hutu militia responsible for the genocide – and who
ISS Workshop Report
31
Regional dimensions of conflict in the Great Lakes
were hosted by Mobutu Sese Seko – this led to Mobutu’s
and then decide whether to accept or reject the applica-
eventual deposition as the military support for Laurent-
tion. Observers are allowed to participate in the regional
Désiré Kabila from within and outside the country
preparatory committees and participate in the summits
(Rwanda and Uganda) grew. This in turn allowed José
and attend all plenary sessions but not the closed-door
Eduardo dos Santos in Angola to weaken his opponent
sessions. Observers are allowed to distribute their
Jonas Savimbi of UNITA (the União para a Independência
documents and have access to the general information
Total de Angola, Union for the Total Independence of
of the conference, but not to the working documents.
Angola) who had previously been supported by Mobutu
Observers include inter-parliamentary organisations
and eventually helped Kabila to drive his former allies,
such as the Association of European Parliamentarians
namely the Rwandese and Ugandan soldiers, out of
for Africa, the Amani Forum, and other NGOs and inter-
Zaire. This close interaction and changing alliances
national organisations.
make it essential for all these actors to have an equal
place at the negotiation table.
The co-opted members of the conference are the
During the preparatory phase, representatives
from leading UN departments and agencies for the
four themes of the conference functioned as facilita-
neighbouring countries of the core countries who are
tors and resource persons during all meetings and
invited to all the regional preparatory meetings, as well
technically coordinated the programmes and projects
as to the summits. They are able to participate in all the
of the Peace Pact. Other UN agencies were invited to
plenary and closed-door sessions but not in the decision-
assure the integration of cross-cutting issues into the
making process. The co-opted countries follow the Peace
conference process and the Peace Pact itself. The agen-
Pact negotiation process closely in order to assure that
cies that played active roles and who are still stable
their interests are taken into account. One example is
partners of the secretariat are the UN Office of the High
that of Egypt, which applied for the status of co-opted
Commissioner for Human Rights (OHCHR), UN Women
member because the sources of its main water supply,
for gender issues, and UNEP for the environment.
the Nile, are in the Great Lakes Region.
The Group of Friends was a group of countries that
During the conference process there was active cooperation between the agencies working on cross-cutting
supported the conference process fi nancially, diplomati-
issues, which is not only reflected in the systematic inte-
cally, technically and politically. They were given the
gration of human rights and gender issues into the Peace
special status of partners with the right to participate
Pact, but also in the participation of the relevant actors
in all the plenary sessions, preparatory meetings and
such as women, youths, NGOs and national human
summits, as well as the closed-door sessions when
rights observatories. The implementation of the human
invited by the core members. Since December 2003 the
rights dimension is now supported by a Regional Human
ICGLR process was accompanied by a Group of Friends
Rights Advisor from UN-OHCHR who is working within
of the Great Lakes Region made up of 28 countries
the ICGLR secretariat.
and ten international organisations and specialised
agencies. The group was co-chaired by Canada and the
Netherlands. After the signing of the pact in 2006 the
Group of Friends dispersed and one of the challenges
INNOVATIVE ARCHITECTURE
OF THE ICGLR
that the secretariat of the ICGLR now faces is how to
The architecture of the conference combines in a very
reunite the Group of Friends and encourage them to
innovative way the technical, the political and the
continue supporting the region as a collective and in a
decision-making levels, all of which are important for
coordinated manner.
the creation of a regional peace pact. It was important to
The conference considers existing subregional
involve the technical experts from the different minis-
organisations to be essential partners in the process in
tries and civil society in order to assess what was avail-
order to avoid duplication and build on existing initia-
able already, what had worked in one or more countries
tives. The role of the subregional organisations consists
of the region and where the gaps were. Also, the techni-
of contributing to existing activities and helping with
cal discussions in the Technical Thematic Task Forces
the elaboration of programmes and projects. They also
have shown that it is often easier for technical experts to
play an important role in the implementation of the
work together, as they have a similar way of identifying
Peace Pact.
problems and of working together in a harmonious way
Observer status can be requested formally by a state,
a national, regional or international organisation, or a
to solve them.
One example of this is the politically sensitive sug-
non-governmental organisation (NGO). The core coun-
gestion that was brought up by technical experts in the
tries review the applications based on a list of criteria
Good Governance and Democracy Task Force, namely
32
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Compiled by Nyambura Githaiga
Diagram 1 The regional follow-up mechanism
Source: http://www.icglr.org (accessed 30 May 2012).
the need to create a regional observatory to monitor
regional forum each for women, youth, civil society and
the human rights situation. Although human rights
parliamentarians, as a way for them to continue to work
monitoring is usually a mandate that is very difficult to
together to address common concerns. A protocol and
get from a governmental forum, the technical people
project against sexual violence and a project to foster
put forward strong arguments, such as the need for
youth employment are only two examples of how the
early warning, for cooperation between national human
structure of the negotiations allowed for the successful
rights institutions and to combat impunity and increase
lobbing by civil society actors.
protection on the ground. These reasons created a strong
The decision-making organ of the conference, the
lobby from the technical experts and civil society for the
Regional Interministerial Meeting, is an important
establishment of a regional monitoring body.
forum for the discussion of politically sensitive issues,
Similarly, the Regional Preparatory Committee
such as the illegal exploitation of natural resources
included civil society actors and thus ensured meaning-
or the property rights of returning populations. The
ful participation and representation, which provided
main idea of adding a decision-making body at foreign
important legitimacy to the conference process. All four
minister level was to assure that decisions were taken
groups, the women, youth, civil society and the private
on sensitive issues and it was interesting to see that the
sector, had their own meetings within the conference
group was often more progressive than the individual
process in which they elaborated their own strategies
members. This means that topics which were too sensi-
and recommendations. They were accordingly able to in-
tive on the political agenda of a single country, such as
tegrate these into the projects and protocols of the con-
the property rights of returnees, could be tackled in a
ference through the Regional Preparatory Committee.
regional context, because there was enough peer pres-
It is thanks to this structure that the pact contains a
sure to do so. With regard to returnees it is important
ISS Workshop Report
33
Regional dimensions of conflict in the Great Lakes
to observe that the interests of those concerned often
In addition, the conference addresses gender, the
coincided with those of the former host countries of the
environment, human rights, HIV/AIDS and human set-
refugees, which helped to constitute a pressure group
tlements as cross-cutting issues.
for their demands. The Interministerial Meeting takes
The above shows that the pact is not a tradi-
important decisions about what topics should remain on
tional peace pact, but rather a regional cooperation
the agenda and how to solve contentious issues, and has
programme similar to the Helsinki Final Act of the
thus created through its collective decision making an
Conference on Security and Cooperation in Europe
atmosphere of trust and collegiality which has a number
(CSCE), which was signed in 1975. The Organisation for
of immediate benefits for the region. One of the most im-
Security and Cooperation in Europe (OSCE), as the CSCE
portant is the joint military action between Rwanda and
is now known, is a cooperative security organisation
the DRC against the Forces Démocratiques de Libération du
with no means of enforcing its decisions. Its institutional
Rwanda (Democratic Forces for the Liberation of Rwanda,
flexibility and political nature enable it to react swiftly
FDLR) and between Uganda and the DRC with respect to
and pragmatically in crisis situations.
the Lord’s Resistance Army (LRA), based on the protocol
Nowadays, the OSCE fulfi ls four functions: first, it
on non-aggression and mutual defence in the Great
promotes shared values such as democracy, human
Lakes Region.
rights and the rule of law. Second, the OSCE is a perma-
The Regional Interministerial Committee is also part
nent forum for dialogue on matters relating to security
of the follow-up mechanism, together with the Troika, as
in Europe. It can initiate a debate, receive clarifications
illustrated in Diagram 1.
from states, and stimulate joint responses. This process
In 2008, the Troika was composed of the former,
contributes to transparency and itself represents a con-
present and future chairpersons of the ICGLR, namely
fidence and security-building measure. Third, the OSCE
Kenya, Zambia and Uganda. Kenya’s being part of the
is a forum for arms control and disarmament. The con-
Troika during the post-election violence in that country
fidence and security-building measures contained in the
was a factor which hindered the Troika from being fully
Vienna Document of 1994 were in fact negotiated under
effective in its confl ict prevention and crisis manage-
the auspices of the OSCE, which is also monitoring the
ment role. This experience should help to redefi ne the
implementation of the document’s provisions. Fourth,
role of the Troika in the future.
the OSCE is equipped with the means to intervene in
regions of confl ict. The High Commissioner on National
HOLISTIC NATURE OF THE PACT
Minorities and the OSCE’s preventive diplomacy mis-
The main programmes of the pact are set out in Diagram 2.
and crisis management.
sions are examples of early warning, confl ict prevention
The International Conference on the Great Lakes
Region has similar objectives. The first is to create a col-
Diagram 2
lective space for sustainable peace and security, political
and social stability, shared growth and development and
cooperation through the implementation of the Pact. The
Pact of Security,
Stability and Development
Dar-es-Salaam Declaration
Pact is based on the insight that peace and development
are closely linked, as stressed by authors such as Johan
Galtung6 and Kofi Annan7 in his UN reform programme.
Regional Programmes of Action
that sharing the access to and benefits of resources
PROJECTS
Humanitarian and social issues
related to the control over and access to resources and
Economic development and
regional integration
Democracy and good governance
Peace and Security
PROJECTS
The idea behind this thinking is that confl ict is often
through common development projects and trade create
an incentive for collaboration across borders.
HUMAN RIGHTS DIMENSION
OF THE PACT
In human rights terms, countries in the region face
similar issues and challenges with regard to their
PROTOCOLS
national protection systems. These include weak institutional capacity in the administration of justice and more
Source http://www.icglr.org (accessed 30 May 2012).
34
generally in public service provision; sexual violence, the
Institute for Security Studies
Compiled by Nyambura Githaiga
protection of internally displaced persons and returning
causes of the conflict, then these have to be dealt with
populations; the illegal exploitation of natural resources;
to achieve a long-lasting solution. A good illustration of
widespread poverty and social inequality; and a lack of
this is the dilemma between amnesty laws and the fight
transitional justice mechanisms and widespread im-
against impunity. If there is a post-conflict transition
punity. Impunity reflects the absence of the rule of law
which does not address impunity and justice in response
and a functioning judicial system as well as inadequate
to massive human rights violations for the sake of short-
civil control over the security forces in some countries in
term stability and consensus, the prevailing injustice
the region.
8
will eventually lead to acts of revenge, an unstable social
At the same time, human rights violations may not be
environment and an eventual resurrection of the conflict.
Recent peace agreements between the government
a result but a long-standing structural cause of conflict.
The experience of the Great Lakes Region has shown that
of the DRC and former armed groups, for example,
the denial of the group right to self-determination, or the
grant total amnesty to the members of the former
denial of human rights to certain groups in society, may
rebel groups, many of whom were incorporated into the
be a root cause of conflict. Another structural human
military or police without a vetting process, which would
rights concern in the region is the lack of recognition of
have served to prevent war criminals from entering the
the cultural identity and mode of production of pastoral-
security forces. The recent mutiny and defection of parts
ists, which has led to repeated conflicts in zones where
of the integrated former CNDP rebel groups from the
pastoralists live and which are often neglected by the
Congolese army has led to a resurgence of rebel activi-
government, such as the northern border of Kenya with
ties in the eastern DRC leading to renewed human rights
Uganda, Sudan and Ethiopia where drought, the absence
violations and displacement of the population.
of government services and cattle rustling remain major
problems. The exclusion of large parts of the population
from development and decision making and the resulting poverty constitute major human rights violations in
PROGRAMME ON GOOD
GOVERNANCE AND DEMOCRACY
nearly all countries of the region, and the right to mean-
The programme of action of the Great Lakes Pact relating
ingful participation in political affairs has been one of the
to the promotion of good governance and democracy
root causes of the civil war in Sudan.
aims at creating a region characterised by entrenched
Peace researchers have pointed out that the violations of human rights are more likely to be linked to
values, principles and norms on democracy, good governance and observance of human rights.
9
internal confl ict than to inter-state confl ict. In the case
of the Great Lakes Region, however, where cultural
The programme is structured into three sub-programmes, which are currently implemented as follows:
identities are bound together across borders, abuses of
group rights can rapidly lead to inter-state confl ict. The
■
Sub-programme 1, concerning the promotion of
example of the Banyamulenge in the eastern DRC shows
the Rule of Law, The Fight against Crimes against
that the neglect of their identity and citizens rights have
Humanity, and Human Rights, out of which two
made them look for allies among their own cultural and
projects have developed:
ethnic group, the Tutsi in Rwanda.
■
Similarly, Kenyan pastoralists who are of Somali
Governance, Human Rights and Civic Education in
ethnic origin have often been discriminated against, for
Lusaka
■
example by providing them with special identification
cards. There have also been massacres (such as the
The Regional Initiative for the Prevention of War
Crimes, Crimes against Humanity, the Crime of
Wajir massacre) in the region which were never investigated and still today the pastoralists are often treated
A Regional Centre for Democracy, Good
Genocide, and for the Fight against Impunity
■
like potential terrorists by the state authorities.10
Sub-programme 2, entitled Consolidation of
Democratisation Processes, which has established
the following regional fora:
The universality and moral character of human rights
often make it difficult to use a rights-based approach for
■
The Regional Forum for Parliamentarians
negotiations or arbitrations, as compromising on human
■
The Regional Forum for Women
rights is difficult from a legal and moral point of view.
■
The Regional Youth Forum
Victims have a right to justice and reparation, which is
■
The Regional Forum for Civil Society
not negotiable, yet in conflict situations it is important to
■
Sub-programme 3 concerning the ‘Rational
reconcile interests and needs and be aware of the often
Management of Resources’ has established the
unequal distribution of power between parties. On the
Regional Initiative against the Illegal Exploitation of
other hand, if human rights violations are one of the root
Natural Resources
ISS Workshop Report
35
Regional dimensions of conflict in the Great Lakes
REGIONAL CENTRE FOR
DEMOCRACY, GOOD
GOVERNANCE, HUMAN RIGHTS
AND CIVIC EDUCATION
The centre will host a regional human rights observatory and a number of fora linked to networks of national
institutions, observatories and civil society in the member
states of the ICGLR. The centre has also added value to
the ICGLR Secretariat’s conflict management efforts to
The Pact for Security, Stability and Development in the
develop an early warning system through the provision
Great Lakes Region was signed by its eleven member
of analytical reports on situations that merit attention for
states in 2006 and entered into force in June 2008. It
pre-emptive and joint action by the member states. The
provides an important legal and political framework
functions of the regional centre are listed in Table 1.
for the promotion of common policies and strategies to
entrench the values of good governance and the rule of
law and rebuild a peaceful and prosperous region.
The mission of the Regional Centre for Democracy,
REGIONAL OBSERVATORY
ON HUMAN RIGHTS
Good Governance, Human Rights and Civic Education
Despite international and regional efforts to promote
established under the Programme for Good Governance
good governance, democracy and human rights in
and Democracy of the pact is to strengthen the institu-
the Great Lakes Region, there is a lack of coordination
tional capacities in these areas through research, train-
of actors. In addition, country monitoring mandates
ing, monitoring and reporting and to facilitate dialogue
for human rights in the Human Rights Council have
and consultation among the different social and political
been dramatically reduced (with only the UN Special
actors in the region.
Rapporteur on Sudan being still in place in the region).
Table 1 Functions of the Regional Centre for Democracy, Good Governance, Human Rights and Civic Education
Strategies
Purpose
■
1 Capacity-building
■
■
■
■
2 Research and analysis
■
■
■
■
3 Fostering synergy and
networking
■
■
■
4 Lobbying and advocacy
■
■
■
■
5 Monitoring and reporting
■
■
■
6 Data collection and
dissemination
7 Establishment and operation
of an early warning system
for the Great Lakes Region
36
■
■
■
To strengthen national institutions, civil society organisations, private sectors and other actors for an active
and effective national and local engagement in the promotion of democracy, good governance, human rights
and civic education
To train trainers of national institutions and fora on regional and international instruments and human rights
To develop appropriate training tools for civic education (manuals, guides, curricula)
To marry scientific and applied research in the search for solutions to the problems of the Great Lakes Region
To undertake and promote policy- and action-oriented research and analysis on issues of concern to the
Great Lakes Region
To deepen research on marginalisation and exclusion as the genesis of conflicts in the Great Lakes Region
To deepen research on indigenous and traditional approaches, practices and methods of conflict resolution
and peacebuilding
To establish best practices in all the thematic areas covered by the centre
To facilitate the formation of state–civil society dialogue networks through the different fora created by the
Pact
To facilitate the establishment of a regional approach to research and joint problem-solving in the Great Lakes
Region
To establish collaboration strategies among national institutions and networks in the region
To provide a space for civil society and other stakeholders in the region to advocate for, inter alia:
State compliance with regional and international instruments
Policy transformation (for example through the development and application of a regional gender policy)
The respect for and application of the rule of law and human rights
To promote and monitor compliance with regional and international instruments, ICGLR instruments,
protocols and decisions
To monitor the integration and implementation of cross-cutting issues into the ICGLR’s programmes and
activities. These include human rights, gender, environment, youth and HIV/AIDS
To establish and facilitate the regional observatories on gender and human rights linked to an early warning
system
To set up a database on networks of different actors dealing with the themes of the centre
To develop and operationalise an interactive website for the centre
To facilitate the translation and dissemination of regional and international instruments into local languages to
facilitate their access to and understanding by the citizens of the Great Lakes Region
To provide analytical reports on situations that merit attention for pre-emptive and joint action by the member
states
Institute for Security Studies
Compiled by Nyambura Githaiga
The regional observatory will have a monitoring
Mechanism and Youth Forum in Rwanda, the OHCHR
mandate and be linked to a network of national human
also organised human rights training for youth to
rights institutions and observatories in the member
prevent election violence prior to the presidential elec-
states of the ICGLR, which will also add value to the
tions in 2010. It also contributed to a sensitisation cam-
ICGLR secretariat’s confl ict management efforts by the
paign for young people in Burundi during the election
development of its early warning system. The ICGLR
process. Further human rights training and briefings
secretariat requires a reliable mechanism for obtaining
were provided to ICGLR election observers in Sudan,
credible and quick information on issues of strategic
Burundi and Tanzania. A joint ICGLR–OHCHR workshop
importance and on cross-border issues.
on elections and human rights was organised together
One option would be to have an independent expert
with the UN Centre for Human Rights and Democracy in
on confl ict prevention and early warning from and for
Yaoundé in July 2010 to train heads of electoral manage-
the Great Lakes Region who could undertake fact finding
ment bodies and in March 2011 for election observers.
on the ground and bring urgent situations to the attention of the political structure of the conference. This
would strengthen its capacity for preventive diplomacy.
Domestication of ICGLR protocols
An independent expert would be a cost-effective way
Funding and technical advice was provided by the
of undertaking human rights monitoring and confl ict
Regional Human Rights Adviser to Uganda and the CAR
prevention at the regional level and for elaboration of
for domestication workshops on ICGLR protocols in 2010.
pertinent recommendations through dialogue with
Two workshops were organised together with OHCHR
national authorities and civil society.
field presences and ICGLR staff who helped member
The regional centre is the first project to be fi nanced
states to incorporate and use regional and international
by the member states of the ICGLR through the Special
human rights instruments and dimensions for the elabo-
Fund for Reconstruction and Development, showing
ration of new policies and laws.
their commitment to the promotion and protection of
The ICGLR, through it Regional Human Rights
human rights and good governance in the region. This
Advisor and Sexual Violence Expert, participated in the
commitment constitutes a clear encouragement for
elaboration of a national law for the combat against
other partners, including the UN-OHCHR and other UN
sexual violence in Burundi. This will domesticate the
and regional organisations, to contribute to the success-
regional protocol on the combat against sexual violence.
ful running of the centre.
OHCHR is providing fi nancial and technical assistance
for the domestication of this protocol in the CAR and for
ICGLR AS AN ENTRY POINT FOR
PROMOTING AND PROTECTING
HUMAN RIGHTS IN THE REGION
treatment centres for victims.
The Pact constitutes an opportunity to encourage
UN country teams from Burundi, the CAR, the DRC
member states to ratify existing international and
and Rwanda were able to develop their capacity to
regional instruments and to domesticate and implement
integrate human rights into their analysis, plans and
its protocols on human rights issues. This should be a
programmes, involving also national partners (includ-
priority for the region. The Pact constitutes a unique
ing government and civil society representatives) in
legal framework on for example the rights of internally
a joint workshop with ICGLR National Coordination
displaced populations or to combat the illegal exploita-
Mechanisms. National workshops took place between
tion of resources.
the UN Country Team and ICGLR in Rwanda in May
The following are examples of activities carried out
UN-ICGLR partnerships
2010, in the CAR in July 2010 together with the Special
in 2010 and 2011 by the ICLGR in close partnership with
Rapporteur on the Rights of Internally Displaced
UN-OHCHR.
Populations, and in the DRC in August 2010 on ESCR and
natural resources together with MONUSCO. Joint pro-
Human rights training
grammes were carried out with the UNCTs in Burundi,
The ICGLR and OHCHR provided a joint training exercise
Mechanisms of the ICGLR in these countries to elaborate
on human rights and confl ict prevention for the ICGLR
elements for a sub-regional human rights strategy to be
Regional Youth Forum as well as representatives of the
implemented jointly in 2011. The main topics of this joint
eleven member states and staff of the ICGLR in Tanzania
strategy are human rights and the fight against illegal
in May 2010. Together with the National Coordination
exploitation of natural resources, prevention of genocide
ISS Workshop Report
DRC and Rwanda and the National Coordination
37
Regional dimensions of conflict in the Great Lakes
and the fight against impunity, elections and human
continue to support this process. Emphasis will be on the
rights and a Regional Human Rights Observatory.
training of civil society actors and journalists who have
The Republic of Congo elaborated and adopted
an important role to play in denouncing illegal exploita-
the first specific law in Africa on the rights of indig-
tion and trade in minerals and related human rights
enous peoples in close cooperation with the National
abuses, including child labour, forced labour and sexual
Coordination Mechanism, OHCHR and the International
violence. In May 2012, civil society actors set up a regional
Labour Organisation.
network to work with the ICLGR to combat the illegal
The OHCHR supported the ICGLR in setting up its
exploitation of natural resources in the Great Lakes.
Regional Committee on the Prevention of Genocide,
which was approved by the Heads of State Summit in
Lusaka on 15 December 2010. This committee is based
Preventing election violence in Burundi
on a regional protocol on the prevention of genocide
The ICGLR, with the support of the OHCHR, kept watch
which provides a unique legal and political framework
over the five-month long electoral process in Burundi
for the prevention of genocide. The OHCHR and the
through the monitoring of human rights and by con-
ICGLR Secretariat assisted the committee with the
tributing to sensitisation programmes and providing
constitution and elaboration of its internal procedures
human rights training to the observers of the ICGLR.
and work plan in September 2010 and provided training
Based on the information provided by the OHCHR and
to its members together with the Office of the Special
in order to address escalating violence and confl ict after
Adviser of the Secretary-General on the Prevention of
the withdrawal of the opposition, the Great Lakes Region
Genocide and the ICGLR Uganda Office. The setting up of
sent a high-level mission to Burundi to discuss the situ-
this committee and the elaboration of its work plan is an
ation with both the government and the opposition. This
innovation as it makes the Great Lakes Region the first
confl ict prevention activity helped to diminish tension
region in the world to work collectively on the preven-
and prevented an escalation of the violence.
tion of genocide. ICLGR and OHCHR also helped to set up
National Committees in Kenya, the Republic of Congo
and Tanzania.
CHALLENGES AND RISKS
The challenges to the promotion and protection of
Illegal exploitation of natural resources
and economic, social and cultural rights
human rights in the Great Lakes Region are manifold.
Human rights violations related to the illegal exploita-
are not followed by a justice process are highly likely to
tion of natural resources are one of the root causes of
re-emerge within five years after the confl ict comes to
confl ict in the Great Lakes Region and especially in the
an end. Transitional justice processes need political par-
DRC. Despite its natural wealth, the majority of the
ticipation by and commitment from all political actors
DRC’s population live in poverty and do not enjoy any
and are vital for bringing lasting peace to the region.
benefits from natural resources, which is a structural
One of them is the false opposition of justice and peace.
Peace research has shown that internal confl icts which
Another challenge is the lack or weakness of inde-
human rights problem linked to insecurity and violence
pendent national human rights institutions and human
around mining sites in the eastern DRC. A regional
rights organisations in the region. Consequently, capac-
initiative was subsequently developed by the ICGLR for
ity and institution building as well as regional coopera-
the certification of natural resources to ensure that they
tion among human rights actors are vital for the success
do not come from confl ict areas and fuel further human
of the Peace Pact. Moreover, existing human rights
rights violations. This regional initiative will include a
actors, such as parliaments, national human rights in-
whistle blowing system by means of which the popula-
stitutions and civil society organisations, can play a vital
tion and civil society can denounce cases of the illegal
role in the monitoring and implementation of the pact.
exploitation of natural resources and contribute to the
Elections in the region and their impact on the
proposed traceability and transparency of the process.
human rights and security situation in should not be
At a special summit held in Lusaka on 15 December
neglected. The example of the post-election violence in
2010, the Heads of State of the ICGLR adopted this
Kenya has shown that root causes of political and ethnic
regional initiative in the Lusaka Declaration, committing
confl ict, such as land rights and political participation,
themselves to its implementation.
which have not yet been addressed, can fuel political vi-
The OHCHR and ICGLR jointly organised a workshop
olence. The ICGLR has a protocol on democracy and good
on exploitation of natural resources and economic, social
governance and an election observation mandate which
and cultural rights in preparation for the summit and will
has great potential for the training and strengthening
38
Institute for Security Studies
Compiled by Nyambura Githaiga
of civil society, the judiciary and governmental actors
in this paper are those of the author and do not represent those
in their role of assuring fair and transparent, as well as
of the organisation.
peaceful, elections. The ICGLR works with other actors
2
pour I’Afrique? Brussels: GRIP, 2000, 105.
who have a mandate and the capacity to monitor elections, such as the African Union, COMESA (the Common
3
See Report on the first meeting of national coordinators of the
International Conference for the Great Lakes Region, Nairobi,
Market four Southern and Eastern Africa), ECCAS (the
23–24 June 2003, 2–3, http://www.iss.co.za/AF/profi les/
Economic Community of Central African States) and the
greatlakes/1stNCmeeting_report.pdf (accessed 21 May 2012).
European Union to support fair and peaceful elections.
Elaborating a common strategy to solve the problem
Aldo Ajello, Cavalier de la paix: quelle politique européenne commune
4
International Conference on the Great Lakes Region, Pact
on Security, Stability and Development in the Great Lakes
of the negative forces in the region, including a human
Region (Nairobi Peace Pact), signed in Nairobi, Kenya,on 15
rights perspective, is an imminent and urgent challenge
and 16 December 2006, http://www.internal-displacement.
for the region. At the recent meeting of Ministers of
org/8025708F004BE3B1/(httpInfoFiles)/60ECE277A8EDA2DDC12
Defence from the region held in Kigali in September 2011,
572FB002BBDA7/$fi le/Great%20Lakes%20pact_en.pdf (accessed
the need to jointly address the question of the FDLR and
21 May 2012).
LRA was underlined and there was a call for a meeting
5
A B Fetherston, Transformative peacebuilding: peace studies in
of all concerned countries on this issue. The challenge is
Croatia, Paper presented at the International Studies Association
how to stop the operations of these groups in the region,
Annual Convention, Minneapolis, March 1998.
without creating further human rights violations and
6
ment and civilisation, London: Sage, 1996.
avoiding negative impacts on the civilian population,
while bringing those who have committed genocide, war
7
Kofi Annan, Renewing the United Nations: a programme for reform,
Report to the United Nations, A/51/950, 1997.
crimes and crimes against humanity to justice.
While this last issue is probably one of the most
Johan Galtung, Peace by peaceful means: peace and conflict, develop-
8
See Jérôme Ollandet, La Conférence International sur la Région
urgent ones, there is a need to look at the longer-term
des Grands Lacs: quels enjeux? Le Regard Diplomatique: revue
structures of society as well, to ensure that the region
congolaise d’études et de pratiques diplomatiques, Congo-Brazzaville:
La Savane, 2009, for a description of the multiple crises which
will create social, political and economic opportunities
are at the origin of the ICGLR.
for all sections of its society and build bridges across
borders for those parts of its populations who have
strong historical and family ties.
9
See Pearson Nherere and Kumi Ansah-Koi, Human rights
and confl ict resolution, In G Lindgren, P Wallensteen and K
Nordquist (eds), Issues in Third World conflict resolution, Uppsala:
Department of Peace and Confl ict Research, Uppsala University,
NOTES
1990, 3-42.
10 See the UN, Report of the UN Special Rapporteur on the Rights
1
Isabell Kempf is the former ICGLR-UN-OHCHR Regional Human
and Fundamental Freedoms of Indigenous People on his Mission
Rights Adviser for the Great Lakes Region. The views expressed
to Kenya, UN: A/HRC/4/32/Add.3, 2007.
ISS Workshop Report
39
Role of regional bodies1 in
promoting sustainable peace
in the Great Lakes Region
Dr Connie Mumma-Martinon
Consultant Researcher
(Economic Community of the Great Lakes Countries,
INTRODUCTION
CEPGL) in promoting peace in the Great Lakes Region.
Towards this end, the following questions will be
Confl ict constitutes a major threat to the development
of Africa in terms of loss of human life, destruction of
answered:
property, displacement of people (sometimes across
international borders) and the diversion and misalloca-
■
tion of resources meant for promoting sustainable development to arms purchases and funding of expensive
peacekeeping support operations.
moting peace in the region?
■
2
As a region, the Great Lakes has not been spared. It
Which are the key policies and strategies implemented towards peace?
■
has been affected by border attacks by armed groups
and communities straddling the borders; smuggling;
How have the regional bodies been involved in pro-
How effective have these been in promoting regional
peace?
■
What challenges, gaps and prospects have been
motor vehicle thefts; drug trafficking; flow of small
identified regarding the role of regional bodies in
arms; landmines; and in recent times, threats of terror
promoting peace?
3
networks. The areas along its borders make it ideal for
these activities to flourish because natural obstacles
in the terrain, such as forests and deserts, hinder
accessibility.
There is recognition that in order for development
UNDERSTANDING
SUSTAINABLE PEACE
Peace in Africa is better understood within the global
to take place in the Great Lakes Region, peace has to be
context. Peace is a universal concept: every society
sustained. African regional and sub-regional organisa-
desires it and none can exist without it.6 John Galtung
tions are increasingly called upon to lead international
defi nes peace as ‘the absence of violence’.7 This kind of
efforts (alone or jointly) to provide security and confl ict
peace is technically referred to as negative peace since it
management in Africa.4
is silent on how to contend with social and personal vio-
Africa’s regional bodies have made substantial strides
in assuming primary responsibility to curb insecurity
problems and to promote and maintain peace in the
5
lence arising from unjust, repressive and oppressive national and international political and social structures.8
Positive peace, on the other hand, considers preven-
region. The role of these bodies is enshrined in both the
tion of violence and addresses structural violence that
Charter of the United Nations and the African Union’s
might be embedded within the society. The advocates
Constitutive Act.
of ‘positive peace’9 thus posit that sustainable peace re-
This paper seeks to examine the role of the
quires the egalitarian distribution of resources and fight-
International Conference on the Great Lakes Region
ing against anything that compromises basic human
(ICGLR), the East African Community (EAC), the
existence and survival.10 The challenge of globalisation
Economic Community of Central African States (ECCAS)
has brought into the spotlight three important values
and the Communauté Economique des Pays des Grands Lacs
within which peace objectives are now pursued around
40
Institute for Security Studies
Compiled by Nyambura Githaiga
the world, namely respect for human life and dignity,11
in 1984. One of the provisions of the mediation agree-
universal responsibility12 and global cooperation.13
ment was that the three states would explore areas of
The discussion in this paper will take into considera-
future cooperation.
Considering the need to consolidate regional coopera-
tion the defi nition of positive peace.
tion, the East African heads of state, at their second
CONTEXT IN WHICH REGIONAL
BODIES PROMOTE PEACE IN
THE GREAT LAKES REGION
summit in Arusha on 29 April 1997, directed the PTC to
The regional bodies operate in an environment that can
signed in Arusha on 30 November 1999. It entered into
be best characterised as the deadliest confl ict region
force on 7 July 2000 and the EAC was inaugurated in
since World War II. The confl icts in this region are com-
January 2001.
start the process of upgrading the agreement establishing the PTC for East African Cooperation to a treaty.
The Treaty for the Establishment of the EAC was
plicated, multi-layered and involve a multitude of actors
with diverse interests. This suggests that the different
regional bodies might have confl icting interests and
interpretations of the crises that have caused so much
Economic Community of
Central African States
death and despair in this part of Africa. While initially
ECCAS comprises states of the former Customs and
some of the regional bodies under study were meant to
Economic Union of Central Africa (Union Douanière et
provide opportunities for establishing sustainable eco-
Économique de l’Afrique Centrale, UDEAC), created in
nomic growth, expansion into the security domain has
1966, and the member states of the CEPGL that was
become one of their most important features.
established in 1976 by the Democratic Republic of Congo
(DRC), Burundi, Rwanda and São Tomé et Principe.
REGIONAL BODIES
Angola remained an observer at ECCAS until 1999, when
International Conference on
the Great Lakes Region
1985 but remained ineffective throughout the 1990s.
The ICGLR held its first international conference
treaties guide its functioning, namely the Treaty estab-
meeting from 6 to 10 September 2004 in Bujumbura,
lishing ECCAS; the Protocol Establishing the Network
Burundi, but it was officially launched in June 2003. The
of Parliamentarians of ECCAS (REPAC); the Mutual
secretariat of the ICGLR came into existence in May
Assistance Pact between Member States of ECCAS; and
2007 and became fully operational in 2008. The Dar-
the Protocol Relating to the Establishment of a Mutual
es-Salaam Declaration on Peace, Security, Democracy
Security Pact in Central Africa (COPAX).
it became a full member. ECCAS began functioning in
In 1999 the community signed a protocol of relations
with the African Economic Community (AEC). Four
ECCAS’s main objective is to achieve collective au-
and Development in the Great Lakes Region (the Peace
Pact) was adopted and signed in Dar-es-Salaam on 20
tonomy, raise the standards of living for its populations
November 2004 and ICGLR heads of state declared their
and maintain economic stability through harmonious
‘collective determination to transform the Great Lakes
cooperation. Its priority areas of cooperation include de-
Region into a space of sustainable peace and security for
veloping capacities to maintain peace, security and sta-
States and peoples ...’.14 This was followed by the signing
bility in the region. It has the following technical organs:
of the Nairobi Peace Pact on 15 December 2006, which
provides a legal framework governing relations between
■
15
The Central African Early Warning System (MARAC),
the member states (article 4). The ICGLR comprises
which collects and analyses data for the early detec-
eleven countries.16
tion and prevention of crises.
■
The Defence and Security Commission (CDS), which
East African Community
is the meeting of chiefs of staff of national armies
The Permanent Tripartite Commission (PTC) for East
forces from the different member states. Its role is
African Cooperation was first formed in 1967 as the
to plan, organise and provide advice to the decision-
EAC but collapsed in 1977 as a result of political differ-
making bodies of the community in order to initiate
and commanders-in-chief of police and gendarmerie
military operations if needed.
ences. Following the dissolution of the organisation,
three former member states, namely Kenya, Uganda
■
The Multinational Force of Central Africa (FOMAC),
and Tanzania, negotiated a Mediation Agreement for
which is a non-permanent force. It consists of
the Division of Assets and Liabilities, which they signed
military contingents from member states, whose
ISS Workshop Report
41
Regional dimensions of conflict in the Great Lakes
purposes are to accomplish missions of peace, secu-
the two bodies in areas of mutual support for peace and
rity and humanitarian relief.
stability in the Great Lakes Region. According to the
MoU, the two parties will reinforce the capacity of the
ECCAS was designated a pillar of the AEC, but because
Great Lakes Region to anticipate, prevent, manage and
of the inactivity of ECCAS since 1992, formal contact
resolve confl icts and support and encourage initiatives
between the two organisations was only established in
aimed at transforming the region.
October 1999.17
Economic Community of Great Lakes
Joint operations against rebels
and armed non-state groups
The CEPGL was created by the Agreement of Gisenyi
The impact of the activities of armed non-state groups
(Rwanda) on 20 September 1976 with the purpose of
(ANSGs) is felt far beyond the borders of the states
promoting regional economic cooperation and integra-
within which they originate. The regional trends associ-
tion. It comprises Burundi, the DRC and Rwanda and has
ated with ANSGs include humanitarian crises, human
its headquarters in Gitega, Burundi. Its main objectives
rights violations and the use of violence as a tool for con-
are ensuring the safety of member states, favouring the
fl ict resolution. ANSGs have regionalised human insecu-
creation and development of activities of public interest,
rity and pose serious challenges to regional mechanisms
promoting the trade and traffic of persons and their
for preventing, managing and resolving confl icts.19
possessions and establishing cooperation in all domains
Each ANSG activity elicits various international
of the political, economic and social life. The CEPGL
responses, the most common being the facilitation of
also has control over several institutions.18 The CEPGL
negotiations with governments against which they are
Sub-committee on Defence and Security comprises the
fighting and those that support them.
chiefs/heads of defence forces, police, national security,
The ICGLR has played an important role in addressing
immigration services, and military and police intel-
this problem by calling on member states ‘to abstain
ligence from all the member states.
from sending or supporting armed opposition forces or
armed groups or insurgents onto the territory of other
KEY POLICIES AND STRATEGIES OF
THE DIFFERENT REGIONAL BODIES
Member States, or from tolerating the presence on their
It is important to note that since their establishment, the
sion against the Government of another State’ (Article
regional bodies in different ways and at different levels
5(1)(b) of the Peace Pact).
have made major strides towards promoting peace in the
territories of armed groups or insurgents engaged in
armed confl icts or involved in acts of violence or subver-
To promote peace among the warring parties in the
Great Lakes Region, either collaboratively or individually.
Abyei region of Sudan, the ICGLR on 23 March 2011
This section highlights some of the collaborative efforts
called upon the concerned parties to refrain from mili-
among them and ways in which many of these efforts
tary actions which had devastating consequences for the
are similar and geared towards achieving the same
civilian population and threatened peace and security in
objectives. It further highlights how each regional body
the region. It further urged the parties to renew efforts
can enhance their collaborative efforts to become more
aimed at reaching an agreement on the future status of
effective and take comparative advantage of each other.
Abyei in line with the Comprehensive Peace Agreement
and relevant protocols. It also called upon the parties
COLLABORATIVE EFFORTS
TOWARDS PROMOTING PEACE BY
THE DIFFERENT REGIONAL BODIES
and the UN Mission in Sudan to protect the civilian
Signing memorandums of understanding
with other regional bodies
agreed to ‘intensify joint operations’ against the rebels
On 25 October 2010 the ICGLR, through its executive sec-
and the DRC, with the DRC inviting Rwandan troops
retary (Ambassador Liberata Mulamula), and the African
to help track down rebels from the Forces Démocratiques
Union Commission (AUC), through its chairperson (Dr
de Libération du Rwanda (Democratic Forces for the
Jean Ping), signed a Memorandum of Understanding
Liberation of Rwanda, FDLR), some of whom have been
(MoU) at the AUC headquarters in Addis Ababa, Ethiopia.
implicated in the genocide.
population and ensure that security and calm were
restored in the region.
In January 2011 the countries of the CEPGL also
and ten other armed groups located in the eastern DRC.
This led to the improved relations between Rwanda
The MoU defi nes the modalities of cooperation between
42
Institute for Security Studies
Compiled by Nyambura Githaiga
Interstate cooperation
commitment of various governments to implement the
Attempts at interstate cooperation by the ICGLR
a multiplicity of initiatives that threaten the commit-
have generated several initiatives. These include the
ment of the different stakeholders.
protocol, the implementation has been very slow due to
East African Protocol on Free Movement of People;
called for cessation of hostilities, disengagement and
Lake Kivu and River Rusizi Water Resources
Integrated Management Framework
disarmament of non-signatory forces, initiation of
Lake Kivu and the Rusizi River contribute a great deal
Inter-Congolese Dialogues and the Pretoria Accord,
towards the generation of hydroelectric power in the
that which called for the withdrawal of foreign forces
region. The framework was adopted in August 2011 and
from the DRC. Other initiatives include cross-border
aims to protect and manage the water resources and
pursuits granted to Uganda by Sudan and the Rwandan
promote other aspects related to water, hydroelectric
request that the DRC permit it to put troops under
power generation, fishing, navigation, watershed man-
the command of DRC commanders. However, these
agement, irrigation and water supply, all to pre-empt
successes are limited, due to a lack of trust among the
possible confl icts among users.
the Lusaka Ceasefi re Agreement in the DRC, which
member states.20
Joint training exercise
Cooperation on security matters
Cooperation continued to be fostered among the police
Although its priority is economic cooperation, the EAC
also believes it can play a role in enhancing regional
stability. In 1998 as a demonstration of the new spirit
of cooperation, 1 500 soldiers from Kenya, Uganda and
Tanzania took part in a joint training exercise in the
desert terrain of northern Kenya. The one-month exercise, code-named ‘Natural Fire’, was undertaken with
the assistance of the US Army.
In January 2000 ECCAS also hosted a regional peacekeeping exercise called ‘Gabon 2000’ with the objective
of increasing the capacity of ECCAS states in the field of
peacekeeping and confl ict prevention and management.
This exercise represented a direct application of the
French concept of RECAMP (reinforcement of African
peacekeeping capacities).
forces of partner states by means of the meetings of the
EAC Police Chiefs. Decisions were reached to harmonise
police rankings and establish a police liaison office
within the structure of the proposed Directorate of
Peace and Security, in addition to the already existing
bilateral partnerships among the region’s security agencies. The secretariat also held joint training programmes
and joint operations, promoted social interaction and
the collective use of scientific crime management assets
to enhance the fight against crimes in the region, and
enhanced border surveillance.
Through the meeting of directors of criminal investigation departments and registrars of motor vehicles,
the law enforcement agencies of the partner states
continue to work together to stem cross-border criminal
Management of natural resources
activities. These include motor vehicle theft, smuggling
and drug and human trafficking. The agencies enhance
The Protocol for Sustainable
Development of Lake Victoria Basin
cooperation with regard to the exchange of crime intel-
The EAC developed a protocol for the development of
crime suspects.
ligence, restitution of stolen property and extradition of
Lake Victoria, known as the Protocol for Sustainable
Development of Lake Victoria Basin, which informs
interstate cooperation in areas of water resources,
INDIVIDUAL POLICIES AND
STRATEGIES BY REGIONAL BODIES
fisheries, agricultural and land use practices, irrigation,
wetlands, wildlife and the environment in general.21 This
Key policies and strategies of the ICGLR
protocol incorporates many of the UN substantive and
procedural rules, such as the principle of equitable uti-
Since its establishment, the ICGLR has made major
lisation and states’ duty to protect aquatic ecosystems.22
strides towards promoting peace in the region and
The protocol also established the Lake Victoria Basin
creating conditions for security, stability and sustainable
Commission, which is currently located in Kisumu on
development between the member states, as proposed
the shores of Lake Victoria.
in Article 2(c) of the Peace Pact. This section highlights
Although there are high levels of cooperation among
member states of the EAC, as well as involvement and
ISS Workshop Report
some of the main policies and strategies which have
been implemented by the ICGLR.
43
Regional dimensions of conflict in the Great Lakes
Support of the Burundi peace process
hard to compile lists of child soldiers from among the
In June 2006, the Government of Burundi and the
ranks of the Burundian Army and the Gardiens de la Paix
Parti pour la Libération du Peuple Hutu – Forces National de
(Guardians of the Peace).28
Libération (Party for the Liberation of the Hutu People –
States are further expected ‘to co-operate at all
National Forces of Liberation, Palipehutu–FNL), signed
levels with a view of disarming and dismantling exist-
the Dar-es-Salaam Statement of Political Principles.23
ing armed rebel groups and to promote the joint and
Until the end of 2008, the peace process between
participatory management of state and human security
these two parties was characterised by mistrust, thus
on their common borders’ (Article 5(1)(c) of the Peace
preventing various resolutions from being implement-
Pact). It has been through this pact that Rwandan
ed.24 At the Summit of Heads of State and Government
and Ugandan forces have launched Operation Amani,
of the Great Lakes Region held on 4 December 2009 in
Operation Kimia and Operation Lightning Thunder to
Pretoria, South Africa, Palipehutu–FNL recommitted
demobilise rebel groups such as the FDLR and Lord’s
itself to the peace process. A declaration was issued in
Resistance Army (LRA) in the DRC.
which Palipehutu–FNL stated that it realised that its
The Rwandan and Ugandan forces also aim to end
name was an impediment to its registration as a politi-
state-sponsored rebel activities. Although this strategy
cal party and the government of Burundi declared that
has had mixed results in terms of for example ending
it was committed to facilitating the political integration
the sponsorship of LRA activities in Uganda by the
of Palipehutu–FNL by offering it 33 positions in the
Bashir government, it has significantly reduced govern-
government. However, despite Palipehutu–FNL’s change
ment support of some rebel groups operating in neigh-
of name, issues like its integration into the government
bouring countries.29
remain a major challenge.
In January 2009 the Bujumbura Declaration was
The creation of a border security zoning system
issued by the special envoys for the Great Lakes in order
The main objective of this initiative is to improve border
to facilitate the peace process. The declaration outlined
security in the region by creating twelve zones, namely:
various action points, among them a disarmament, demobilisation and integration (DDR)25 process, the release
1. Uganda, Rwanda and the DRC
of political and war prisoners, and the registration of the
2. Uganda, Kenya and Tanzania
FNL as a political party.
3. Uganda, Kenya, Sudan and Ethiopia
4. Sudan, Uganda and the DRC
Effectiveness of the DDR process
5. Sudan, the CAR and the DRC
The DDR of ex-combatants was slow and only really
6. The Republic of Congo, the DRC and the CAR
began when the Dutch government agreed to offer as-
7. The DRC, Republic of Congo and Angola
sistance for building a camp infrastructure and a base
8. The DRC, Zambia and Angola
at Tenga on the northern outskirts of Bujumbura. By
9. Tanzania, the DRC, Burundi and Zambia
January 2006, a total of 19 739 ex-combatants and former
10. The DRC, Burundi and Rwanda
ex-soldiers had been demobilised (16 242 adult males,
11. Tanzania, Rwanda and Uganda
482 adult females and 3 015 children).26
12. Tanzania, Rwanda and Burundi
The DDR process took two forms: DDR for child soldiers and DDR for ex-combatants. Despite challenges such
as a lack of resources, the strategy was rolled out speedily
Key policies and strategies of the EAC
and was quite effective because of the approach taken
Peace and security strategy
(where both parties were consulted and a special task
The Treaty for the Establishment of the East African
team appointed to move the process forward). Various
Community30 and the development strategies empha-
stakeholders, including the World Bank, the Bureau Intégré
sises regional defence, peace and security in the agreed
des Nations Unies au Burundi (United Nations Integrated
areas of regional cooperation. The quest for regional
Office in Burundi, BINUB) and the facilitating team, col-
peace and security in East Africa is safeguarded in terms
laborated on the implementation of the process. On 10
of Article 5(3)(f) of the treaty, which states that ‘peace,
August 2009 the government of Burundi announced an
security and stability … and good neighbourliness’ in the
official end to the DDR programme, stating that 16 948
region shall be among the fundamental objectives of the
FNL members had been demobilised.27
community. Towards achieving this goal, EAC member
The DDR of children proceeded at a fast pace since
the UN Children’s Fund and the National Programme on
Demobilisation, Reinsertion and Reintegration worked
44
states have come up with various strategies.
Article 124 of the treaty elaborates on the cooperation in regional peace and security matters. The partner
Institute for Security Studies
Compiled by Nyambura Githaiga
states have an MoU for cooperation in defence matters
ways, including as confl ict between pastoralists and
and measures are being taken to address the issues of
commercial farmers and mobile herders and settled
defence, peace and security to ensure the maintenance
cultivators; pastoralists and conservationists; and
of peace and stability in the region.
pastoralists and proxies of the state.32 EAC member
An MoU on Cooperation in Defence Matters was
states are members of the Mifugo Project, which is
signed in April 1998 and revised in 2001. At an EAC
a joint initiative between the Eastern African Police
summit on the security situation in the DRC that took
Chiefs Cooperation Organisation (EAPCCO) and the
place in Nairobi on 18 October 1998, the member states
Institute for Security Studies. It is based on the Protocol
agreed to support the efforts of the Southern African
on the Prevention, Combating and Eradication of Cattle
Development Community (SADC), which were already
Rustling in Eastern Africa.
under way in consultation with the UN and Organisation
of African Unity.
The EAC established a Sectoral Committee on
EAPCCO has eleven members33 and of the five active
members, three are from the EAC (Kenya, Uganda, and
Tanzania). The effectiveness of this project lies in the
Cooperation in Defence, as well as an Inter-State
fact that apart from the member states, it works with
Security Committee. During 2003 these committees held
other relevant parties, including provincial and local
meetings, among other things, to exchange information
authorities, local pastoralists, governance groups, civil
on the implementation of a national action plan in line
with the Nairobi Declaration on SALW; to draft modali-
society organisations and other players in affected pastoralist areas in Eastern Africa.
ties for a common refugee registration mechanism;
and to establish a Defence Experts’ Working Group on
Operations and Training to discuss joint exercises on
Key policies and strategies of ECCAS
peacekeeping operations, counter-terrorism and military
Council for Peace and Security in Central Africa
level participation in disaster response.31
In its broader vision, the EAC embraces the eventual
establishment of a political federation of members
(Article 123(1) of the treaty) and a common defence pact
(Article 125), with the ultimate objective of strengthening the EAC model for regional peace and security.
Drafting a conflict early warning
and response mechanism
Other activities undertaken include the development of
a draft conflict early warning and response mechanism
(EWRM) and the commencement of work on a regional
conflict prevention, management and resolution framework. The EAC is also finalising plans to launch a strategy
for preventing conflicts and strife in the region. The idea
On 9 September 1994 the member states of ECCAS
adopted a pact of non-aggression at the end of the fifth
meeting of the UN Consultative Committee on Security
in Central Africa, held in Yaoundé, Cameroon.34 At a
meeting of the UN’s Standing Advisory Committee on
Security Questions in Central Africa, which took place
in Yaoundé on 25 and 26 February 1999, member states
decided to create an organisation for the promotion,
maintenance and consolidation of peace and security
in Central Africa, namely the Council for Peace and
Security in Central Africa (COPAX).
In 2002, during the tenth ordinary session of Heads
of State and Government in Malabo, Equatorial Guinea,
the Protocol on the Establishment of a Network of
for an EWRM came about after extensive familiarisation
Parliamentarians of Central Africa and the standing
visits to the headquarters of Economic Community of
orders of the Council for Peace and Security in Central
West African States, Inter-Governmental Authority for
Africa, which included the Defence and Security
Development (IGAD) and the AU, which operate various
Commission, Multinational Force of Central Africa and
types and levels of EWRMs. The rationale is to incorpo-
the Early Warning Mechanism of Central Africa, were
rate best practices and propose a more effective func-
adopted.
tioning for the EAC. Addressing an opening session at a
ECCAS, in collaboration with the Arab Maghreb
workshop in 2009 in Kampala, the EAC Deputy Secretary
Union and the Community of Sahel-Saharan States,
General (Political Federation), Beatrice Kiraso, described
mooted the idea of creating an intervention force to help
the mechanism as an important pillar of conflict and
settle the border disputes between Eritrea and Ethiopia.35
crisis prevention and as a means of entrenching regional
peace, security, stability and development.
ECCAS has been in existence for some time now.
However, it still faces major challenges, as well as an
ongoing battle with fi nancial difficulties as a result
Cattle rustling programmes
of the non-payment of membership fees. The war in
The nature of pastoralist confl ict in the Eastern
the DRC was particularly divisive, too, as Rwanda and
Africa region is varied. It manifests itself in various
Angola fought on opposing sides.
ISS Workshop Report
45
Regional dimensions of conflict in the Great Lakes
Key policies and strategies of the CEPGL
institutional capacity in some states, which limits
Protocol on Defence and Security
borders of the ICGLR countries where armed, regional,
On 21 January 2011, the Ministers of Defence of Rwanda,
destabilising and negative forces exist. This leads to
the DRC and Burundi adopted a binding protocol
mutual suspicion and low levels of trust among the dif-
on mutual regional defence and security. This was
ferent countries, as well as a multiplicity of structures
done under the auspices of the Defence and Security
and externally driven initiatives. Security issues assume
Committee of the CEPGL.
different forms in different parts of the Great Lakes
frontier security cooperation. This is the case with the
Region, thus providing challenges for the development
Cooperation agreement with members of
the UN Development Fund for Women
of region-wide borders and security management
On 19 November 2009 the CEPGL signed a cooperation
region are usually internationalised, in that a confl ict
agreement with the UN Development Fund for Women
which starts in one country may have negative effects
(UNIFEM) in Kigali, Rwanda. This agreement affirmed
on other countries in the region. The main challenge is
their commitment in responding to confl ict-related
to make individual countries understand that a common
challenges, poverty, migration, internal displacement,
approach is needed as soon as a confl ict starts.
structures. The sad reality is that most confl icts in the
violence and human trafficking. Both UNIFEM and the
Furthermore, the multiplicity of regional organisa-
CEPGL aim to work with and mobilise key partners at
tions with the same agenda leads to a lack of harmonisa-
regional, national and local levels to promote gender
tion of activities and a lack of collaboration.40 None of
36
equality, peace and security in the region.
the regional bodies include the countries of the greater
Great Lakes Region or have as their specific or sole focus
CHALLENGES, GAPS AND
PROSPECTS FOR REGIONAL
BODIES IN PROMOTING PEACE
peace and security. Whether directly or indirectly,
Promoting sustainable peace by regional bodies is char-
leads to problems of coherence and coordination that the
acterised by a significant number of challenges. First,
regional bodies must confront if they are to succeed in
the confl icts in the Great Lakes Region, just like any
promoting peace in the region.
other part of Africa, are intractable and protracted. Most
peace issues form part of the agendas of all the regional
bodies. Evidently, there are overlapping agendas with
an obvious duplication of efforts and initiatives. This
Existing national coordinating mechanisms to a large
peace agreements do not last and most countries have
extent affect the work of regional bodies, especially in
experienced a relapse into violence.37
cases where there is an absence of the rule of law, poor
Regional bodies cannot work in isolation, yet many
governance structures and a decline in public services.
external players they work with tend to engage in peace-
This is exacerbated by corruption in governments, a
promoting activities without fi nding out the root causes
characteristic of post-confl ict countries. A case in point
of confl icts or involving the grassroots level in their pro-
is the DRC.
posed solutions. The designers and the implementers are
The major gap within the regional bodies largely lies
not accountable to the communities who bear the brunt
in the fact that whenever there is a confl ict or crisis in
of the confl icts. Most of the programmes geared towards
one state, the other states are reluctant to intervene,
peace activities depend largely on donor funding, which
yet there are so many possibilities for intervention as a
is never sustainable. This is the case with ECCAS, whose
regional block to bring peace within or among warring
major challenge is a lack of resources and overreliance
countries. Unfortunately this has not happened. A case
on external support (especially France, which funds its
in point is the Somalia crisis, where despite the interven-
Peace Facility and the building of military capabilities
tion of Uganda and Burundi, other countries have been
of Central African states in terms of logistics, fi nance
making commitments to intervene, but done so reluc-
and training).38 This is coupled with the fact that there is
tantly or have not followed through on their commit-
weak harmonisation with the AU and weak managerial
ment. There is a lot of potential for the different regional
capacity at the Department of Peace and Security. The
bodies in their comparative advantage in different areas.
decision-making procedures of the COPAX are slow and
many officers have inadequate skills, especially at the
strategic planning level, all of which hinder the development of an integrated regional peacekeeping force.39
A bigger challenge has been the fact that the
work of regional bodies has been hampered by weak
46
LESSONS LEARNT
A great deal has been done by regional bodies and other
organisations to promote peace in the Great Lakes
Region. However, for sustainable peace to be achieved,
Institute for Security Studies
Compiled by Nyambura Githaiga
more needs to be done by all stakeholders. Some con-
consider investing in water resource development
crete steps that can be taken to achieve this goal are
and the construction of dams and reservoirs to retain
outlined below.
runoff water during rainy seasons and to exploit
groundwater resources.44
■
■
Find the root causes to the conflicts: There is a tendency
Make use of existing traditional structures: Many regional
for states to concentrate on controlling and prevent-
bodies, organisations and institutions have tended
ing confl icts. In order to promote sustainable peace,
to marginalise, if not totally ignore, the traditional
however, regional bodies must fi nd the root causes
strategies of confl ict management. If sustainable
of confl icts, especially when it comes to controlling
peace is to be attained, the regional bodies must
SALW. Critical questions must be asked as to what
factor in some of the useful traditional resolution
socio-economic and political factors give rise the
mechanisms and work hand in hand with the African
proliferation of SALW. A multifaceted strategy is
traditional leaders, to make use of the traditional
required by the regional bodies to address the legal,
values which promoted sustainable peace within
social, economic and political aspects of the prolif-
the African societies. Here the traditional elders and
eration of weapons.
chiefs would be very helpful since they deal with
Cooperate, collaborate and be tolerant: As Ali Mazrui
such confl icts on a daily basis. The international
puts it, ‘whites fight with blacks over resources,
community’s role in providing sustained support
while blacks fight with whites over identities’.41 The
for the initiatives being promoted by Africans,
regional bodies, through their individual countries,
who are grounded in the developmental needs of
must cooperate and collaborate with each other. At
everyday existence faced by millions of Africans,
the individual level, Africans must learn to tolerate
therefore remains a critical and inescapable factor for
one another. One important step towards creating
success.45
stability on the African continent is to cultivate that
■
■
■
Develop standardised guidelines: The regional bodies
very elusive trait, tolerance. Tolerance is the ability to
might consider developing a standardised template to
accept differences.42
guide national governments to ensure that relevant
Involve all stakeholders (especially women) in peacebuilding
information on activities towards the promotion of
initiatives: Women deal with people at grassroots level
sustainable peace in the region is provided. This will
and must therefore be empowered to make deci-
assist the regional bodies as well as the individual
sions in all aspects of peace, especially on security
countries with the identification of areas where more
issues. This means that women must be given power
efforts are needed.
within the legislative processes and in the executive
branches of government, and should be enlisted in
the armed forces in increasing numbers.43 In Africa,
CONCLUSION
traditional roles still hinder women’s participation
Various issues have been highlighted in this paper about
in high positions of decision-making processes. By
giving women seats in parliaments, they are given
the chance to be part of and influence some of the
issues surrounding the sustainability of peace in
the region. A case in point is Ambassador Liberata
Mulamula, the executive secretary of the ICGLR.
■
Identify the availability and location of water and pasture in
different seasons: Most of the confl icts like cattle rustling are the manifestation of a bigger problem in the
region, because the confl icts over access to natural
resources also affect other institutions like national
game parks as well as the management of game
the role of regional bodies in promoting peace in the
Great Lakes Region, including the motivations for creating the regional bodies, the basis for promoting peace
in the region and specific issues that must be taken into
consideration if peace is to be promoted successfully.
It is imperative, therefore, for these three areas to be
critically analysed and examined in order to find out
why, despite the abundant number of regional bodies
working in peace activities, confl icts keep recurring and
impacting negatively on the countries within the Great
Lakes Region.
parks, forest reserves, police patrol posts, private
ranches and military bases. Therefore, regional
bodies must work closely with the communities
and individual governments and consider the availability and location of water and pasture in both the
NOTES
1
The International Conference on the Great Lakes Region (ICGLR),
the Communauté Economique des Pays des Grands Lacs (Economic
Community of the Great Lakes Countries, CEPGL), the East
dry and wet seasons. Governments that operate in
African Community (EAC) and the Economic Community of
areas neighbouring on pastoral societies should also
Central African States (ECCAS).
ISS Workshop Report
47
Regional dimensions of conflict in the Great Lakes
2
3
Albert O Isaac, Understanding peace in Africa, in David J Francis
and Islamist militants: human insecurity and state crises in Africa,
2008, 31.
Pretoria: Institute for Security Studies, 2010, 36.
International Conference on the Great Lakes Region (ICGLR),
Viability of Preventive Diplomacy in the Eastern African Region,
Region (ICGLR Nairobi Peace Pact), signed in Nairobi, Kenya, on
15 October 2010, International Peace Training Centre.
org/.../Great%20Lakes%20pact_en.pdf (accessed 20 May 2012).
21 Protocol for Sustainable Development for Lake Victoria Basin,
adopted by the EAC at Arusha, Tanzania, on 29 November 2003,
A Schabel, Operationalizing confl ict prevention: opportunities
http://www.iwlearn.net/publications/II/lakevictoria_2005.pdf
and challenges for regional and sub regional organizations, in
(accessed 28 August 2011).
S J Lodge (ed), Sharing best practices on conflict prevention: the UN,
regional and sub regional organisations, national and local actors, New
York: International Peace Academy, 2002.
5
20 C Kimutai, Personal interview during a Workshop on the
Pact on Security, Stability and Development in the Great Lakes
15 and 16 December 2006, http://www.internal-displacement.
4
19 Wafula Okumu and Augustine Ikelegbe (eds), Militias, rebels
(ed), Peace and conflict in Africa, London/New York: Zed Books,
E Berman and K Sams, Peacekeeping in Africa: capabilities and
22 Debay Tadesse Woldemichael, Climate change and transboundary
water resource conflict in Africa, Workshop report, Mombasa,
Kenya, 29–30 September 2009, 34.
23 The agreement dealt with political issues such as the estab-
culpabilities, Geneva: United Nations Institute for Disarmament
lishment of a commission to rewrite the history of Burundi,
Research, 2000.
provisional immunity for Palipehutu–FNL members, the move-
6
Isaac, Understanding peace in Africa, 33.
ment’s transformation into a political party and the modalities
7
John Galtung, A structural theory of aggression, Journal of Peace
Research 1(2) (1964) 59–119.
8
E E Uwazie, Social relations and peacekeeping among the Igbo,
in I W Zartman (Ed), Traditional cures for modern conflicts, Boulder,
Colo/London: Lynne Rienner, 2000, 28.
9
J Burton, Conflict: resolution and prevention, New York: St Martin’s
Press, 1999.
regarding the transformation and modernisation of Burundi’s
defence and security forces.
24 Jamila El Abdellaoui, Another crossroad for Burundi: from FNL to
peaceful elections in 2010, ISS Situation Report, 19 November 2009.
25 Bujumbura Declaration, http://www.iss.co.za/cdburundipeaceagreements/No%2014%20Bujumbura%20Decleration.pdf (accessed 21 May 2012). See also, United Nations Security Council,
Fifth Report of the Secretary-General on the United Nations Integrated
10 Isaac, Understanding peace in Africa, 34.
Office in Burundi (S/2009/270), http://www.securitycouncilreport.
11 I M Harris, The goals of peace education, Peace Review 2(2) (1990)
org/atf/cf/%7B65BFCF9B-6D27-4E9C-8CD3-CF6E4FF96FF9%7D/
4–7.
12 B Reardon, Comprehensive peace education: educating for global
responsibility, New York: Teachers College Press, 1988.
13 Dietrich Fisher, A global peace service, Peace Review 8(4) (1996)
563–568.
Burundi%20S%202009%20270.pdf (accessed 21 May 2012).
26 Ibid, 85.
27 Henri Boshoff, Waldemar Vrey and George Rautenbach, The
Burundi peace process: from civil war to conditional peace, ISS
Monograph 171, Pretoria: Institute for Security Studies, 2010,
129.
14 International Conference on the Great Lakes Region, Dares-Salaam Declaration on Peace, Security, Democracy and
Development in the Great Lakes Region, adopted at the First
Summit of Heads of State and Government held in Dar-esSalaam, Tanzania, on 19–20 November 2004, article 14, http://
reliefweb.int/node/411133/pdf (accessed 21 May 2012).
15 International Conference on the Great Lakes Region, Pact on
Security, Stability and Development in the Great Lakes Region
(Nairobi Peace Pact), adopted in Nairobi, Kenya, on 15 and 16
December 2006, http://www.internal-displacement.org/.../
Great%20Lakes%20pact_en.pdf (accessed 21 May 2012).
16 The countries are Angola, Burundi, the Central African
Republic, the Democratic Republic of Congo, Kenya, Rwanda,
28 Ibid.
29 Okumu and Ikelegbe, Militias, rebels and Islamist militants, 455.
30 Treaty for the Establishment of the East African Community,
as amended on 14 December 2006 and 20 August 2007, adopted
at Arusha, Tanzania, on 30 November 1999, http://www.
kituochakatiba.org/index.php?option=com_docman&task=cat_
view&gid=23&Itemid=36 (accessed 21 May 2011).
31 African Union, Regional Economic Committees, East African
Community, http://www.africa-union.org/root/au/recs/eac.htm
(accessed 21 May 2012).
32 Augusta Muchai, Stakeholders meeting: Mifugo Project workshop
report, Pretoria: Institute for Security Studies, 2008, 5.
Sudan, Tanzania, Uganda, and Zambia.
33 The EAPCCO members are Burundi, Djibouti, Eritrea, Ethiopia,
17 ECCAS signed the Protocol on Relations between the AEC and
the Regional Economic Communities in October 1999.
18 The CEPGL controls the following institutions: the Bank of
Uganda.
34 The adoption of this pact was arrived at after a five-day-long
Development of the States of the Great Lakes (BDEGL), based in
meeting and discussions between military experts and the
the DRC town of Goma, the Comité Permanent Inter-Compagnies
Ministers of Defence of Cameroon, the Central African Republic,
(COPIC), the Institute of the Agronomic Researches and
DRC, Equatorial Guinea, Gabon and São Tomé et Principe.
Zootechniques (IRAZ), the Economic Community of the Great
Lakes Countries Organisation for Energy (EGL), and the Research
Centre for the Development of the Mining Resources in Central
Africa (CRDRMAC). The community collapsed in 1998 when
fighting broke out between Rwanda and the DRC.
48
Kenya, Rwanda, Seychelles, Somalia, Sudan, Tanzania and
35 Alfred Nhema and Tiyambe Paul Zeleza (eds), The roots of African
conflicts, Athens, Ohio: Ohio University Press, 2008, 17.
36 Barbara Albrecht, a programme analyst at the UNIFEM Central
Africa Sub-Regional Office ([email protected]),
Institute for Security Studies
Compiled by Nyambura Githaiga
and Donnah Kamashazi, a national programme specialist
(Economic and Monetary Community of Central Africa,
at the UNIFEM Central Africa Sub-Regional Office (donnah.
CEMAC).
[email protected]).
37 David J Francis (ed), Peace and conflict in Africa, London/New York:
Zed Books, 2008, 125.
38 Cilliers, The African Standby Force, 15.
41 Ali A Mazrui, Confl icts in Africa: an overview, in, Nhema and
Zeleza, The roots of African conflicts, 38.
42 Susan Mendus (ed), Justifying toleration: conceptual and historical
perspectives, Cambridge/New York: Cambridge University Press,
1988, 41.
39 Ibid.
43 Mazrui, Conflicts in Africa, 43.
40 Examples of regional bodies whose activities are duplicated
include the EAC, IGAD, SADC, COMESA as well as Communauté
Economique des Etats de L’Afrique Centrale (Economic Community
44 Donald Anthony Mwiturubani, The real cause of cattle raids in
Africa, The African.org 5, February/March 2010, 31.
of Central African States, CEEAC), the CEPGL and the
45 Nana K Poku, Context of security in Africa, in David J Francis (ed),
Communauté Economique et Monétaire de L’Afrique Centrale
Peace and conflict in Africa, London/New York: Zed Books, 2008.
ISS Workshop Report
49
Annexures
Annexure A: Programme
Annexure B: List of participants
Annexure A
Programme
Sunday 11 September 2011
Arrivals
07:00-09:00
Dinner
Monday 12 September 2011
Session 1
Chair: Mr Francis Wairagu
08:00 – 08:30
Registration
08:30 – 09:30
RECSA, Dr Francis Sang
ISS, Mr Roba Sharamo
ICGLR, Mr Nathan Byamukama
Opening remarks and introductions
09:30 – 10:30
10:30 – 11:00
Key drivers and triggers of conflict in the Great Lakes Region
Presenter: Mr Andrews Atta Asamoah
Health break
Session 2
Chair: Michel Kassa
11:00 – 12:00
12:00 – 13:00
13:00 – 14:00
The impact of small arms on conflicts in the Great Lakes Region
Presenter: Mr Francis Wairagu
Analysis of illegal armed groups in the Great Lakes Region
Presenter: Mr Singo Mwachofi
Lunch
Session 3
Chair: Mr Wilson Karamaga
14:00 – 15:00
15:00 – 16:00
Links between illegal exploitation of natural resources and conflict
Presenter: Ms Nyambura Githaiga
The status of refugees and resettlement in the Great Lakes Region
Presenter: Dr Khoti Kamanga
16:00 – 16:30
Wrap-up of day 1
18:30 – 21:30
Bush dinner
ISS Workshop Report
53
Regional dimensions of conflict in the Great Lakes
Tuesday 13 September 2011
Session 4
Chair: Jean Bosco Habyarimana
08:30 – 09:30
09:30 –10:30
10:30 – 11:00
Conflict and sexual and gender-based violence in the Great Lakes Region
Presenter: Mr Nathan Byamukama, ICGLR
Human rights, peace and security, ICGLR and the Great Lakes
Presenter: Dr Isabell Kempf
Health break
Session 5
Chair: Mr Blaise Muhire
11:00 – 12:00
12:00 – 13:00
13:00 – 14:00
Regional implications of conflict in the Great Lakes Region
Presenter: Mr Frank Muhereza
The Role of Regional Bodies in Promoting Sustainable Peace in the Great Lakes Region
Presenter: Dr Connie Mumma-Martinon
Lunch
Session 6
Facilitator: Mr Andrews Atta-Asamoah
14:00 – 15:00
15:00 – 16:00
16:00 – 16:30
54
Towards a regional strategy for sustainable peace in the Great Lakes Region
Group session
Towards a regional strategy for sustainable peace in the Great Lakes Region
Plenary session
Closing remarks
Institute for Security Studies
Annexure B
List of participants
Title/Name
Organisation
Designation
Contact Details
Rachel Acheson
Interpeace, Nairobi
Programme Officer, Great Lakes
E-mail: [email protected]
Andrews Atta-Asamoah
ISS Nairobi Office
Senior Researcher
E-mail: [email protected]
Tel: +254202667198
Véronique Barindogo
Centre Ubuntu, Burundi
Trauma and Reconciliation
Officer
E-mail: [email protected]
Tel: +25779625254
Benoit Bihamiriza
East African Community
Conflict Early Warning Expert
E-mail: [email protected]
Tel: +255 788 299 106
Déo Buuma
Action pour la Paix et la Concorde,
Bukavu, DRC
Executive Secretary
E-mail: [email protected]
Tel: +243 997622339
Nathan Byamukama
ICGLR, Burundi
Programme Officer, Cross
Cutting Issues
E-mail: [email protected]
Tel: +2577940779
Independent Consultant
E-mail: [email protected]
Tel: +25779923187
Jean-Marie Gasana
Nyambura Githaiga
ISS Nairobi Office
Researcher
Email: [email protected]
Tel: +254202667198
Jean-Bosco Habyarimana
Centre for Conflict Management,
National University of Rwanda
Deputy Director
E-mail: [email protected]
Tel: +250788452280
Oliver Hoehne
Swiss Cooperation in Kigali,
Swiss Federal Department of
Foreign Affairs
Political Adviser, Swiss Federal
Department of Foreign Affairs,
Bujumbura
E-mail: [email protected]
Dr Khoti Kamanga
Centre for Forced Migration,
University of Dar-es-Salaam
Lecturer
E-mail: [email protected]
Tel: +255715314478
Wilson Karamaga
National University of Rwanda
Researcher
E-mail: [email protected]
Tel: +250788531512
Michel Kassa
Initiative pour un Leadership
Cohésif, Kinshasa, DRC
Executive Director
E-mail: [email protected]
Tel: +257810158789
Dr Isabell Kempf
,UN-OHCHR
ICGLR, Burundi
Regional Human Rights Adviser
E-mail: [email protected]
Consultant Researcher
E-mail: [email protected]
Tel: +254202667198
Senior Researcher
E-mail: [email protected]
Tel: +254718680038
Dr M J Kimani
Thomas Kimaru
ISS Workshop Report
Africa Policy Institute
55
Regional dimensions of conflict in the Great Lakes
Title/Name
Organisation
Designation
Contact Details
Paddy Siyanga-Knudsen
EU Delegation, Tanzania
Programme Officer, Economics,
Governance and Regional
Integration
Email: paddy.knudsen-siyanga@
ec.europa.eu
Tel: 255782444850
Lukas Probst Lopez
Swiss Federal Department of
Foreign Affairs
Programme Officer for the Great
Lakes Region
E-mail: lukas.probstlopez@eda.
admin.ch
Tel: +41794638625
Consultant Researcher
E-mail: connie_martinon@yahoo.
co.uk
Tel: +254736076447
Dr Connie Mumma-Martinon
Willy Mugenzi
Rwanda Governance Advisory
Council
Senior Communication Specialist
Email: [email protected]
Tel: +250788357289
Frank Muhereza
Centre for Basic Research,
Kampala, Uganda
Senior Research Fellow
E-mail: [email protected]
Tel: +256752422841
Blaise Muhire
International Alert
DRC-Great Lakes Programme
Project Officer
E-mail: bmuhire@international-alert.
org
Tel: +243810104794
Singo Mwachofi
ICGLR, Burundi
Programme Officer, Peace and
Security
E-mail: [email protected]
Tel: +25779430790
Leo Näscher
ICGLR, Burundi
Technical Advisor, Sexual and
Gender Based Violence
E-mail: [email protected]
Tel: +25779672739
Leonidas Ndayizeye
Centre Ubuntu, Burundi
Research Coordinator
E-mail: [email protected]
Tel: +25779978229
Bonaventure Nikoyandoye
Peace House, Burundi
Executive Secretary
E-mail: [email protected]
Tel: +25779937537
Dr Adams Oloo
University of Nairobi
Lecturer, Political Science
E-mail: [email protected]
Tel: 254720988233
Roba Sharamo
ISS Nairobi Office
Acting Director
E-mail: [email protected]
Tel: +254202667198
George Shitandi
ISS Nairobi Office
Administrative Assistant
E-mail: [email protected]
Tel: +254202667198
Johan Svensson
Interpeace, Nairobi
Regional Director
E-mail: [email protected]
Assumani Théodore
Institut Supérieur Pédagogique
de Bukavu, DRC
Lecturer
E-mail: [email protected]
Tel: +243997766913
Angela Baiya-Wadeyua
RECSA , Kenya
Head of Communications and
Public Relations
E-mail: [email protected]
Tel: +254203877456
Francis K Wairagu
RECSA, Kenya
Head of Research and Gender
E-mail: [email protected]
Tel: +254203876203
Siri Walt
Swiss Embassy, Nairobi
Deputy Head of Mission
E-mail: [email protected]
Tel: +254202228735
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Institute for Security Studies