The international community should continue its support for the new government in the Democratic Republic of Congo (DRC) to help it overcome serious security and political challenges, the International Crisis Group (ICG), a Brussels-based think-tank, said on Wednesday (10 January 2007).

Thousands of people have fled the village of Fataki, 70 km northeast of Bunia, capital of Ituri district in Eastern DRC, following clashes between militia and the regular army, officials of the United Nations peacekeeping mission, MONUC, said.

The Deputy Country Director, Finance & Administration will oversee the administrative, logistical, human resource and financial health of the programme, as well as liaise with partners and diverse stakeholders of the peacebuilding field in the DRC. S/he will report to the Country Director.

An adviser to Joseph Kabila, the Congolese president, has been named as head of the Democratic Republic of Congo's new national assembly, in a ballot during which presidential allies swept key parliamentary posts.

Joseph Kabila, the newly-elected president of the Democratic Republic of Congo, has named Antoine Gizenga, the 81-year-old opposition veteran, as the country's new prime minister.

Thousands of people have been displaced from their homes in eastern DRC due to renewed clashes between the regular army, and forces allied to renegade commander Laurent Nkunda, according to military sources and the UN peacekeeping mission, MONUC.

In the fertile hills of eastern Congo Kinshasa (DRC), the region's women tell tales of war crimes crueller than others can imagine. They are angry with brutal rebels groups, Rwandans, the national army, mineral companies and the US, which they say supplied the arms. And the greatest war crime of all, they warn, is not letting their voices be heard even today.

The SPPO will perform the following duties: - Develop the methodologies and systems of quality assurance and data validity of grant data and performance based decision processes, and develop institutional capacity to improve the performance culture at all levels (Global Fund unit, Sub-recipients, CCM, civil society).

Dieu-Donné WEDI DJAMBA explores what reconciliation means for the Democratic Republic of Congo (DRC). Reconciliation will not only allow Congolese people as a community to know the truth about their past in order to build a better future but also will heal their wounds, writes Wedi Djamba.

Introduction

With the election of Joseph Kabila as the fourth president of the Democratic Republic of Congo (DRC), the DRC started a new era. This era is the Third republic. For a country dealing with a legacy of two undemocratic regimes (theMobutu regime of 1965-1997 and the L.D. Kabila regime of 1997-2001) and two deadly wars (1996-1997 and 1998-2002) many challenges are faced by the elected president and his government. Amongst them is the reconciliation of the Congolese people. In this regard, many Congolese define reconciliation wrongly in terms of power-sharing while others define it through the words “forgive and forget”.

To achieve national reconciliation it takes more than power-sharing between politicians or the use of the words “forgive and forget”. Indeed, the DRC is emerging from two wars that affected her deeply and is also recovering from the legacy of dictatorship. During those two eras (war and dictatorship) many human rights violations occurred and many injustices were experienced by the population. Congolese people were divided and many disappeared. In this regard, many families are still trying to find out what happened to their loved ones.

Therefore, to move on from the past it is important to turn the page of the history. But first, there is a need to read this page. [1] Indeed, reading the page of the past allows for understanding the past mistakes in order to avoid them in the future. For a country like the DRC, the amnesia is the worst option because it is the best way for people to repeat the same mistakes. George Santayana [2], so often quoted in relation to Nazism and the Holocaust, confirmed this view when he said, `Those who forget the past are condemned to repeat it’. Consequently the DRC has to read the page of her history before turning it.

Furthermore, in the DRC, reconciliation is a process which needs to know who did what. In this regard, Alex Boraine [3] argues that transparency, accountability and truth are essential ingredients in any nation which seeks integrity, the consolidation of democracy and a culture of human rights.

Accountability

Alex Boraine argues that: “For the sake of justice, for stability and the restoration of dignity to victims, there must be accountability for the past”. [4] Indeed, all these years of the reign of undemocratic regimes and two deadly wars have left the DRC with thousands of victims but also the same amount of perpetrators. All past abuses and its victims and perpetrators has to be disclosed in order to heal the wounds of the victims and to send a deterrent message to the perpetrators.

The accountability for past abuses can be made judicially or extra-judicially. It is not possible to prosecute everybody in case of the mass abuses. Therefore, there is a need to hold those responsible for the past abuses accountable through other mechanisms such as removal from office, retirement or an obligation to apologize publicly for the wrong done. In this regard, to set up an independent commission to deal with the issue, is important.

Furthermore, accountability for the past in the DRC will draw the line between the past characterized by injustice and impunity and the Third republic that has just been born. The sentence “the recreation is over” used by the elected president, Joseph Kabila expresses the willingness to draw a line between a wrong past and the new era. And this line should start by holding accountable all those implicated in the past abuse.

Reparation

In the restorative justice perspective, reparation is defined as including any form of compensation, ex-gratia payment, restitution, rehabilitation or recognition. [5]

Reparations aim to redress injustices suffered by one or several individuals or communities. In the context of the mass past abuses in the DRC, reparations can be granted by the court through a judicial process but also by the national authority. Currently it is utopian for those victims to expect any reparation from the judicial process because firstly this involves fees which the majority cannot afford and secondly the judicial system in the DRC as noticed by Human Rights Watch [6], is in state of disarray. Thirdly, the judicial system is corrupt and was listed among the four most corrupt institutions during the transitional period in the DRC by the report of Observatoire du Code d’Ethique Professionnelle (OCEP) [7] (an anti-corruption commission set up by the state department). Therefore, the only way for the thousands of victims of past abuses to expect any reparation is through and from the government. This reparation will not change the pain suffered in the past, but will help victims to face the future.

In addition, reparations aim to restore the dignity of the victims and to heal their wounds. Indeed, in the DRC any reparation to the victims of past abuses will be an acknowledgement of their pain and a condemnation of the abuse they suffered.

The government should grant individuals reparations such as money, rebuilding of houses, free health care, free education to the children of victims, free treatment for the victims of rape or those affected by HIV/AIDS in the wake of the rape. They should also grant symbolic reparations such as building a memorial statue for those victims, or dedicating a memorial day to those victims.

Reparations will not only help victims to turn the page of the past but will also pave the way for the reconciliation process between victims and perpetrators, in particular and between the Congolese people in general.

Telling the truth

Telling the truth about terrible events is a prerequisite both for the restoration of social order and for the healing of individual victims. When truth is finally recognised, survivors can begin their recovery. [8] Furthermore, the research for truth and a commitment to truth must be undertaken by the entire nation: ordinary people, government, agencies, poets, writers, historians, academics, and whoever cares about the future. [9]

Indeed, many injustices and conflicts that occurred in the past decades left thousands of victims and divided the Congolese community as a whole. The past in the DRC is filled with plenty of mass violations of human rights - atrocities such as mass killing, rape, burning of houses, disappearance, torture or ethnic cleansing such as the conflict between Kasai community against Katanga community in 1992-1993 in Katanga province; and the conflict between Hema community and Lendu community in Ituri District between 2001 and now.

The road to reconciliation between victims and their perpetrators, or between communities, passes through a truth telling. In this regard, George Bizos [10] argues: ”It is not possible to simply forget the past, it will sooner or later come back to haunt the nation.”

Furthermore, truth telling will not only allow Congolese people to know the truth about their past in order to build a better future but also will heal their wounds. Indeed, the disclosure of the past will help many families to know what happened to their loved ones and finally to end their long mourning.

In addition, truth telling is an opportunity for those who committed any abuse to cleanse themselves of the ghosts of the past by acknowledging their wrong doings, asking for forgiveness and for the victims to forgive them. Thus, Congolese as a whole can say ‘never again’ for what happened and then turn the page of the past. To do so the establishment of a forum for national reconciliation becomes urgent.

Conclusion

This paper analysed the conditions for reconciliation in the DRC. Congolese people need to move on from the past. But they need to look back in order to move forward. Looking back has to be a national concern. This will include accountability for the past abuses, the reparation for victims of those past abuses and truth telling involving victims, their perpetrators, and all divided communities as well. Reconciliation which leads to the national unity in the DRC comes at this price.

• Dieu-Donné WEDI DJAMBA is a lawyer(Advocate)at the Lubumbashi Bar association/DRC; Independent consultant; Assistant lecturer in a College of Law in Lubumbashi/ DRC; Human Rights Activist and Writer. Tel:+243812485222;+27738362921 ; Fax:+18016727206 Email: [email][email protected]; [email][email protected]

• Please send comments to [email protected] or comment online at www.pambazuka.org

References:

[1] Alex Boraine, ’A country unmasked’ ,Oxford University press, 2000,p5
[2] Alex Boraine,op.cit,p4
[3] Alex Boraine,op.cit,p8
[4] Alex Boraine,op.cit,p8
[5] Wendy Orr, `Reparation delayed is healing retarded’, in Charles Villa-Vicencio and Wilhelm Verwerd (eds), Looking back reaching forward: Reflections n the Truth and Reconciliation commission of South Africa ,Cape Town :UCT,2000, p239
[6] William W.Burke-White, “International Criminal Court, Complementarity in practice: The International Criminal Court as Part of a System of Multi-level Global Governance in the Democratic Republic of Congo”,Leiden Journal of international Law 18( 2005),p576
[7] Radio Okapi,`Quatre services de l’Etat indexes dans la lutte contre la corruption’,http://www.radiookapi.net/article.php?id=6202>,accessed 10 december 2006.
[8] Nomfundo Walaza, ’Insufficient healing and reparation’ in Charles Villa-Vicencio and Wilhelm Verwoerd,(eds) op. cit p253.
[9] Alex Boraine,op.cit, p8
[10] Georges Bizos ’Why prosecution is necessary’, in Charles Villa-Vicencio and Erik Doxtader,(eds), The provocations of Amnesty: Memory, justice and impunity, Institute for Justice and Reconciliation,2003, p5

Joseph Kabila won Congo's first democratic presidential elections in decades, but now the 35-year-old former guerrilla leader faces the daunting task of rebuilding from scratch a country almost the size of western Europe. Apart from resettling internally displaced people (IDPs) and refugees in neighbouring countries, he needs to address widespread insecurity and human-rights abuses, including sexual violence committed by government troops and different militias, and reintegrate ex-combatants into society.

The successful candidate will support the expatriate medical programme manager and 2 national staff primary care advisors and midwife, who form the medical field team. The role involves supervision of the health structures, on site training at the health centres, planning of formal training and report writing.

More than 150 rebels were killed when U.N. peacekeepers fought off a rebel offensive in east Congo last week, officials said on Tuesday (5 December 2006), adding that the heavy losses had led to surrenders among the divided insurgents. The casualty figure was the highest recorded from fighting involving U.N. troops in Democratic Republic of Congo, where the U.N. has its largest peacekeeping mission in the world.

Joseph Kabila has been sworn in as the Democratic Republic of Congo's first freely elected leader as fighting continued in the east of the country. At least 12,000 people have fled across the border into southwest Uganda to escape clashes between government forces and rebel soldiers, a Ugandan army spokesman said.

The Congolese government has signed a deal with the last rebel groups in the northeastern district of Ituri to disarm 3,500 militiamen and release 700 child soldiers. Wednesday's (29 November 2006)agreement came two days after the Supreme Court of the Democratic Republic of Congo confirmed the result of the 29 October elections proclaiming Joseph Kabila as president.

The United Nations peacekeeping mission in the Democratic Republic of the Congo (DRC) has pledged its support for President Joseph Kabila after his confirmation by the Supreme Court as winner of the recent elections aimed at consolidating the vast country’s democratic transition from years of civil war and factional fighting.

The loser in Congo's presidential election, Jean-Pierre Bemba, said on Tuesday (28 November 2006) that while he disagreed with the Supreme Court's endorsement of rival Joseph Kabila as winner, he would lead the opposition. "In the greater national interest and to preserve peace and to save the country from chaos and violence, today I, before God, the nation and history, in permanent communion with you all, vow to lead this fight for change within the framework of a strong opposition," he said on his radio and television stations.

Vulcanologist Celestin Kasereka Mahhinda said on Tuesday (28 November 2006) there was no immediate danger to the eastern Congolese city of Goma after the eruption of Mount Nyamulagira in the Democratic Republic of Congo. "There was no loss of life and no immediate threat to Goma because Nyamulagira lies 32 km to the north and has Mount Nyirangongo acting as a barrier against lava reaching the city," Kasereka, who is director of the Goma Volcano Observatory, said.

Fighters loyal to a dissident general have attacked army positions in the east, killing two soldiers and sending thousands of people fleeing into the bush, UN officials say. Saturday's (25 November 2006) attack came amid tensions in the capital where supporters of a former rebel chief are protesting against Joseph Kabila's victory in October's presidential runoff.

Corruption in the oil trade is the focus of hearings beginning Monday at the International Court of Justice in a dispute between two African nations. The case between Guinea and the Democratic Republic of Congo, raising allegations of massive bribery versus the exploitation of a nation's wealth, will help define the liability of a successor government for the corrupt practices of its ousted predecessor.

Prominent African academic and political theorist Professor Ernest Wamba dia Wamba gives his analysis of the recent elections in the Democratic Republic of Congo and takes the political temperature of the mood in DRC today. The text of this interview is shown above in the Comments and Analysis section.