For a stronger commitment to peace and democracy in the Great Lakes Region Memorandum EU – Legislature 2014-2019 ADF Allied Democratic Forces (Armed Ugandan FDU-Inkingi Unified Democratic group active in the DRC) Forces-Inkingi (Rwanda) AETA Action for Transparent and Peaceful FNL1 National Liberation Front For a stronger commitment 1 Burundian armed group Elections (DRC) that officially abandoned FRODEBU Front for Democracy in Burundi armed struggle in 2009, but ANR National Intelligence Agency (DRC) HRW Human Rights Watch to peace and democracy some elements of which are APRODH Association for the Protection of Human still present in the DRC. Rights and Detained Persons (Burundi) ICC International Criminal Court 2 International Tin Research in the Great Lakes Region Institute. AU African Union ICGLR International Conference on the Great BE Belgium Lakes Region 2 BINUB United Nations Integrated Office in iTSCi ITRI Tin Supply Chain Initiative Burundi JADF Joint Action Development Forum (Rwanda) BNUB United Nations Office in Burundi LIPRODHOR Rwandan League for the Promotion Memorandum CAR Central African Republic and Defence of Human Rights (Rwanda) CEPGL Economic Community of the Great Lakes LRA Lord’s Resistance Army (Ugandan armed EU – Legislature 2014-2019 Countries group active in the DRC) CENCO National Conference of Bishops M23 March 23rd Movement (Armed group of Congo (DRC) active in the DRC, defeated militarily in CENI Independent National Electoral Commission November 2013) (Burundi and DRC) MDGs Millennium Development Goals CFSP Common Foreign and Security Policy (EU) MONUC United Nations Organisation Mission CNDD-FDD National Council for the Defence of Democracy-Front for the Defence of Democracy in the DRC CNTB National Commission on Land and other MONUSCO United Nations Stabilization Mission Assets (Burundi) in the DRC CSDP Common Security and Defence Policy (EU) MS Member States CSR Corporate Social Responsibility MSD Movement for Solidarity CVR Truth and Reconciliation Commission and Democracy (Burundi) (Burundi) NGO Non-Governmental Organisation DDR Disarmament, Demobilisation, Reintegration NL The Netherlands DDRRR Disarmament, Demobilisation, NR Natural Resources Repatriation, Reintegration and Resettlement OECD Organisation for Economic Cooperation DGI Directorate General of Taxation (DRC) and Development DGM Directorate General of Mines (DRC) PL Liberal Party (Rwanda) DGPR Democratic Green Party of Rwanda PNC National Congolese Police (DRC) DGRAD Directorate General of Administrative, Judicial, Lands and Participation Revenue PS-Imberakuri Social Party Imberakuri (Rwanda) DRC Democratic Republic of Congo (DRC) PSD Social Democratic Party (Rwanda) EC European Commission RDF Rwandese Defence Forces EDF European Development Fund RPF Rwandan Patriotic Front EEAS European External Action Service SADC Southern Africa Development Community EITI Extractive Industries Transparency Initiative SNR National Intelligence Service EP European Parliament (Rwanda and Burundi) EPAs Economic Partnership Agreements RSS Reform Security Sector EU European Union UN United Nations EUPOL European Union Congo Police Mission UNAMIR United Nations Assistance Mission EurAc European Network for Central Africa for Rwanda EUSEC European Union Security Sector Reform UNDP United Nations Development Programme Mission in the DRC UNGoE United Nations Group of Experts FARDC Armed Forces of the Democratic on the DRC Republic of Congo FDLR Democratic Liberation Forces of Rwanda UNC Union for the Congolese Nation (DRC) (Rwandan armed group active DRC) UPRONA Union for National Progress (Burundi EurAc - European Network for Central Africa Rue des Tanneurs, 165 B - 1000 Brussels, Belgium Tel.: +32 (0)2,213 04 00 E-mail: [email protected] www.EurAc-network.org

October 2014 Map of the Great Lakes Region

CENTRAL AFRICAN SOUTH SUDAN The essential role of the EU REPUBLIC

DEMOCRATIC REPUBLIC OF CONGO he processes of peace, businesses, peace and democracy are UGANDA ORIENTALE democratisation and development necessary conditions for sustainable in Africa are confronted by development and the establishment of Kisangani numerous obstacles. The political a between Central REPUBLIC EQUATEUR shared prosperity OF CONGO and security tensions, in particular in Africa and Europe. At this point, it should GABON Mbandaka NORD KIVU Tthe Great Lakes region (Burundi, DRC, be remembered that, according to the Goma RWANDA Rwanda), represent a threat for stability, Lisbon Treaty (Art. 208-1), the EU and Kigali Kindu Bukavu security and the development of the whole its Member States have an obligation to Bandundu KASAI ORIENTAL Bujumbura African continent. This is whythe EU must ensure coherence between their economic MANIEMA SUD KIVU Kinshasa BURUNDI strengthen its commitment in the region policies and the objectives of their financially and, above all, politically and development policy. BAS-CONGO BANDUNDU KASAI OCCIDENTAL democratically. TANZANIA Matadi Kananga Mbuji-Mayi The EU’s support for security, stability Whether in Burundi, the DRC or Rwanda, and democracy in the Great Lakes region KATANGA there is a trend towards changes to therefore represents an interest not only for Constitutions and a hardening of political the local population, but also for the EU repression intended to keep the current itself. In addition, this support constitutes regimes in power. The authoritarian change the true added value of European ZAMBIA Lubumbashi of direction represents a major challenge for cooperation, compared to the approach of 300 km ANGOLA the EU’s commitment towards supporting other international partners engaged in the International Peace Information Service (IPIS) Information Peace International democracy and defending human rights. region (China, India, South Africa etc.).

Source: Given its substantial investment in the 3 3 development of the region , the EU cannot This memorandum presents an analysis of The 11th EDF (2014-2020), push aside this commitment. This is crucial the regional challenges (Part I) and specific provides for €432million for Burundi, €620 million for the Table of Contents for the effectiveness of aid brought by the EU challenges for each of the three countries DRC and €460 million for to Central Africa. ( ), which the EU must take into Rwanda. Part II 4 The essential role of the EU 3 Part II: national contexts 12 consideration in order to effectively and The European Parliament (EP), European Commission In the Pdf version, Part I: regional challenges 4 Burundi 13 The same is true with regard to the EU sustainably support peace and democracy in texts in this colour (EC), European External Peace and Security 5 Democratic space in danger 13 interest in the region’s multiple natural Central Africa. This analysis is supplemented Action Service (EEAS), are interactive. Member States (MS) and Need for a regional approach 5 Deterioration in the pre-electoral context 14 resources (mines, hydrocarbons, forests by recommendations addressed to the United Nations (UN). Demobilisation of armed groups 5 Transitional justice 15 etc.). While there are numerous commercial various competent European political 4 Reform of the Security Sector 6 Democratic Republic of Congo (DRC) 16 and investment opportunities for European decision-makers . Rule of law and democratisation 8 Crisis of legitimacy among political institutions 16 Sustainable management of natural Challenges for the 2014-2016 electoral cycle 16 resources 9 Reduced democratic space 17 A few figures concerning the countries Resources for development? 9 Decentralisation stationary 17 Burundi DRC Rwanda «Conflict minerals» 10 Rwanda 18 Population (BM, 2013) 10,16 million 67,5 million 11,78 million Towards a new hardening of the regime? 18 density 315 inhab/km² 27 inhab/km² 430 inhab/km² Political freedoms and freedoms of expression 19 rate of growth +4,5% +3% +2,9% Has civil society been annihilated? 19 True reconciliation? 20 GDP (BM, 2013) $2.72 billion (USD) $30.63 billion (USD) $7.45 billion (USD) Growth of GDP (BM, 2013) +4,0% +8,5% +4,6% HDI (PNUD, 2014) 0,389 (180th/187) 0,338 (186th/187) 0,506 (151th/187) Poverty rate (BM) 66,9% (2006) 71,3% (2005) 44,9% (2011)

2 FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION 3 Peace and Security mandate (June 2013), military defeat of the M23 (November 2013), intention announced Part I: Regional challenges Peace and security are the premises for in April 2014 by the Democratic Forces for any sustainable human development. the Liberation of Rwanda (FDLR) to abandon 10 ince the end of the Cold War, and CEPGL. Nevertheless, the level of Armed conflicts in the DRC, Burundi and armed conflict after 30 May 2014 under 11 Central Africa has experienced suspicion and political tensions both Rwanda have had harmful consequences certain conditions . recurrent internal and regional internally and among countries remain alive, nationally and in neighbouring countries conflicts: the genocide in Rwanda in constituting obstacles for the restoration of during the last few decades. Multiple Thesigning of the Framework Agreement 1994, the civil war in Burundi (1993-2000), both stability and peace. factors contribute to the dynamics of is a new opportunity to resolve conflicts Sthe wars of 1996-1997 and 1998-2002 in conflicts: the fragility of States, weak in the region. It creates an environment the Democratic Republic of Congo. These The insufficient recognition of regional governance, poverty, violations of human favourable towards strengthened support for armed conflicts have contributed to an dynamics by international donors has rights, land disputes, ethnic tensions and the International Community, particularly instability characterised by humanitarian had negative consequences for multiple illegal exploitation of natural resources. the EU and its Member States, in the 5 crises and generalised poverty . Conflicts humanitarian, security and development Security Sector. In fact, the Framework 5 8 However, the difference of identity, the fragility of the processes interventions. The impact of these The numerousarmed groups active in Agreement requires the DRC to establish In the Provinces of between the 3 countries of forming a State and the high levels of international interventions has been the region, and predominantly in the East a national mechanism charged with North and South Kivu, the should be emphasised: 8 Orientale Province and while Rwanda has made interdependence in security matters affect mitigated: programmes characterised by of the DRC , are motivated by economic, implementing its commitments, as well North of Katanga. 9 real progress towards each country separately, while impacting precarious efficiency and sustainability political, social and security interests. They as to develop a regional mechanism (AU, See in particular the latest the achievement of the on the stability and development of the have been set up in the countries concerned, control significant shares of the Congolese ICGLR, SADC) to monitor compliance report of the UN Group of Millennium Development Experts on the DRC of 23 Goals (MDGs), Burundi and Great Lakes region. It is therefore essential particularly due to their lack of coordination. territory and there they commit crimes with the commitments made by all the January 2014 (S/2014/42). the DRC are lagging behind. to consider the region as a whole and take This finding is valid for development aid against the population. The involvement signatory countries. Unfortunately, while the 10 6 9 On 30 May 2014, some Arusha Agreement in 1993 into account the complex interaction of programmes, support for electoral processes of Rwanda, Uganda , and to a lesser extent Framework Agreement puts the emphasis 183 FDLR combatants (for Rwanda) and in 2000 surrendered their arms in (for Burundi) and Lusaka in regional and global interests. and support for Reform of the Security Burundi, contributes to insecurity in the on the democratisation and reconciliation North and South Kivu. After 1999 and Sun City 2002 (for that, the FDLR fighters were the DRC). Sector (in the DRC and Burundi) in which DRC. Neighbouring countries criticise the processes in the DRC for resolving problems 7 then grouped together in a European Commission In view of the crises of the 1990s which led the EU and its Member States are engaged. Congolese Government for not doing enough of instability in the East of the country, it MONUSCO transit camp and European External to the death and displacement of millions to control its territory and reform its security forgets to mention the importance of the in Kanyabayonga (North Action Service, A Strategic Kivu), but refused to be Framework for the Great of people, the International Community, The signing in Addis-Ababa on 24 February sector (army, police, intelligence services, same processes in DRC’s neighbouring transferred outside of Kivu to Lakes Region, JOIN(2013) including the EU, has invested in the 2013 of the Framework Agreement on justice). countries. a transit camp in Kisangani 23 final, 19 June 2013. This (Orientale Province) set up framework sets out the building of peace and the prevention of Peace, Security and Cooperation for for this purpose. See “Tout priorities for European conflicts in the Great Lakes region. This the DRC and the region (hereinafter the Need for a regional approach Demobilisation of armed groups est prêt pour la relocation support in the region des FDLR à Kisangani, selon regarding (1) governance, investment has contributed to dialogue “Framework Agreement”) constitutes a major Thedistrust among countries of the The definitive dissolution of dozens of la MONUSCO”, RFI, 10 (2) security, (3) the fight between those in power and rebel groups, opportunity for stability and development Great Lakes region is an obstacle for the active armed groups in the region requires September 2014. 6 11 against poverty and to the signing of Peace Agreements and of the region. After having adopted a new establishment of lasting peace. The multiple the implementation of DDR programmes Including the opening of economic reconstruction, political dialogue with the (4) the restoration of the sending of United Nations Assistance Strategic Framework for the Great Lakes identity divides, exacerbated by extreme nationally and DDRRR programmes authorities in Kigali. confidence between 7 12 Missions to Rwanda (UNAMIR), to the DRC Region , it is crucial that the EU does violence, have led to a generalised climate of regionally. In 2010, the UN Security Council S/RES/1925 (2010). the States and (5) the 12 13 implementation of an (MONUC, later known as MONUSCO) and not reduce its efforts and strengthens violence and trauma for entire communities. gave a mandate to MONUSCO to put in “RDC: les FDLR international mechanism for Burundi (BINUB, later known as BNUB). its financial, technical, political and In Rwanda, the work on memory, place DDR programmes for Congolese sollicitent l’appui de la monitoring the engagements SADC pour un dialogue made by Signatory States of diplomatic support to the three countries reconciliation and reparation following armed groups and DDRRRR programmes franc avec Kigali”, Radio the Framework Agreement. Several regional mechanisms today play in Central Africa and to the various the genocide in 1994 and the RPF’s crimes for foreign armed groups active in the DRC. Okapi, 9 June 2014. an important role for the re-establishment regional mechanisms. remains unfinished. In the DRC, the massive This stage, while crucial for the region’s of confidence and dialogue between the influx of Rwandan refugees in 1994 and the stability, still remains unfinished. countries in the region: AU, ICGLR, SADC presence of armed Congolese and foreign groups have exacerbated the community Collaboration between countries (Rwanda, RECOMMENDATIONS conflicts surrounding access to resources Uganda, Burundi, CAR, DRC, South Sudan) Peace and Security Rule of law and democratisation Management of natural resources (land, minerals etc.). necessary for an effective DDRRR, is far EEAS­–EC–MS–UN: encourage dialogue and EP­–EEAS­–EC–MS–UN: place the respect for poli- EEAS­–EC–MS: respect the sovereignty of countries from being achieved. Rwanda, for example, cooperation between States in the Region, by tical freedoms and the democratic space at the in the region with regard to the management This situation lingers, despiterecent does not seem very keen on supporting supporting politically and financially the pro- heart of their dialogue and cooperation with the of natural resources, in such a way as to enable cesses of political dialogue and fair economic Governments and Parliaments of the region; the countries producing natural resources to re- developments occurring since 2013: signing the demobilisation of ex-M23 combatants cooperation worked out within international EP– EEAS­–EC–MS–UN: maintain the EU’s attention gulate their use and mobilise them as a financial of the Framework Agreement (February located on its territory, or opening up and regional proceedings; and vigilance and, more broadly, that of the lever for their development; 2013), the nomination of Mary Robinson a dialogue with FDLR rebels who want EEAS­–EC–MS–UN: contribute to a more efficient International Community on the holding of EP–EEAS­–EC–MS–UN: encourage a sustainable (March 2013-June 2014) and then Saïd to return peacefully to their country13. coordination between the various international, free, transparent and peaceful elections in the and transparent use of natural resources, par- regional and national efforts dedicated to the region. ticularly by establishing in Europe mandatory Djinnit (July 2014) as the UN Special Envoy Concerning the “voluntary” surrender of establishment of lasting peace in the region. requirements and mechanisms aimed at protec- for the Great Lakes region, extradition of FDLR fighters, serious questions remain ting the rights of local populations and fighting the war criminal Bosco Ntaganda to the ICC about their stationing in the DRC while against the trade in resources exploited illegally. (March 2013), deployment of an intervention awaiting their hypothetical return to brigade of 3000 men under the UN’s Rwanda.

4 FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION 5 RECOMMENDATIONS In the DRC, the Government disclosed in establishment of new security forces 14 14 Fight against armed groups EEAS­–MS–UN: encourage better EEAS­–MS–UN: support in the DRC the In particular, this December 2013 its “ Plan DDR III” aimed as defined in protocol III of the Arusha EEAS­–MS–UN : lead the countries in cooperation in DRC’s neighbou- establishment of a monitoring com- Plan provides for the at “neutralising the existence of armed groups Agreement. From 2007 to 2009, the the region to respect the commit- ring countries (Rwanda, Uganda mittee for the RSS (police, army and demobilisation of 11,142 and Burundi) in the context of the justice), responsible in particular for combatants, including throughout the whole Congolese territory and programmes supported by donors have ment made at the time of signing 8,542 adult nationals and noticeably improving the security situation upheld “the construction and rehabilitation the Framework Agreement to “not DDRRR, particularly with a view to formulating clear benchmarks and 2600 elements of foreign tolerate, or provide assistance or any repatriating ex-combatants to their budgetary planning, made up partly armed groups. It provides in the East”. This plan has not convinced of judicial infrastructures, the supply of support to armed groups”; country of origin and extradition of by representatives of Congolese civil little information about DRC’s international partners who have vehicles and equipment, professional training, EEAS–MS: increase diplomatic pressure those accused of war crimes; society; the guarantees given to ex- judged it to be too vague. The DDR should and the publication of codes and laws”20. if well-informed sources reveal that EEAS­–MS–UN: dialogue with the EEAS­–MS–UN: capitalising on the combatants to be able to countries in the region are provi- Congolese authorities so that the achievements of EUSEC and EUPOL return to their homes in the favour the reintegration of former rebels With the development of the 2011-2015 DRC’s new DDR programmes (Plan missions, pursue and strengthen the event that they cannot be ding assistance or any support to integrated into the FARDC. into Congolese society and not within the sectoral policy of the Ministry of justice, armed groups; if necessary, impose DDR III) encourage sustainable EU’s technical and financial support 15 sanctions against them (freezing of socio-economic reintegration of for RSS in DRC after 2014, through The EUSEC and EUPOL FARDC. Currently there is still a lack of the support of international partners “is missions respectively support ambitious socio-economic programmes for focussing more on fundamental institutional accounts, travel ban, suspension of ex-combatants, which excludes poli- the 11th EDF, the CSDP and bilateral military aid, and lastly reallocation of tical and military integration of those programmes of Member States the reform of the FARDC and reintegration able to convince combatants to reforms, while encouraging the ownership of the PNC. They have collected 21 budgetary aid) and develop advoca- who are accused of war crimes or (training and monitoring of FARDC the fragile yet significant opt for civil reintegration. reforms by national partners” . cy work for the adoption by the UN crimes against humanity, and so that battalions and PNC units). results in the fields of of a similar sanctions regime; it brings them before the courts; EEAS: in order to ensure the effective- strategic advice, training EEAS–MS: advocate with the Congolese EEAS­–EC–MS–UN: finance local initia- ness of this support, the EU must and management of human Finally, the DDR and the DDRRR must also Nevertheless, a lot remains to be done, authorities and the UN to ensure tives working towards the socio-eco- strengthen the coordination of resources and the payment of salaries. be accompanied by national policies to fight and in several fields: the social, economic that military operations, conducted nomic re-integration of ex-comba- various European programmes in the 16 against the impunity of people responsible and political reintegration of demobilised by the FARDC with the support of tants in their original communities; DRC (EU and Member States) in the Speech on the state of the UN–MS–EEAS: strengthen MONUSCO’s field of the RSS, and strengthen the Nation of 24 October 2013. for war crimes and crimes against humanity former combatants (DDR); increasing the the MONUSCO intervention brigade 17 to neutralise the most dangerous mandate with regard to support for political dialogue which accompa- Concerning the reform of and judicial cooperation between countries professionalism of the police forces and, to armed groups, are planned and DDR in the DRC. nies technical and financial efforts; the police, see “Réforme de la police : il reste beaucoup in the region. a lesser extent, the national defence forces; conducted in such a way as to ensure EEAS–EC–MS: devote more funding à faire, selon le général the strengthening of internal and external protection of civilians and refuge for RSS to RSS in Burundi, together with Bisengimana”, RFI, 11 Reform of the Security Sector displaced people. EEAS­–MS–UN: lead the DRC to respect Member States (BE, NL) and other September 2014. control mechanisms aimed at ensuring an the commitment made at the time of players (BNUB, PNUD) already 18 Reform of the justice Reform of the Security Sector (RSS), effective fight against impunity and human DDR/DDRRR signing the Framework Agreement present in this sector, in order to sector is one of the particularly in the DRC and Burundi, rights violations; the independence of the EEAS­–MS–UN: lead the countries in to “continue and deepen [RSS] parti- increase the independence and main challenges in the constitutes a major challenge for the return justice sector from executive power. the region to respect the commit- cularly with regard to the army and professionalism of police forces and reconstruction of the rule ment made at the time of signing police” in order to have professional, justice. of law in the DRC. President of peace and security. Since 2007, the EU has the Framework Agreement to disciplined security forces (FARDC, Kabila and his Government have committed themselves committed to supporting RSS in the DRC, Considering the significance and the “not harbour or in any way protect PNC, ANR) equipped with a clear and to fighting against impunity, through the EDF (support for the justice breadth of the challenges to be tackled in people accused of war crimes, crimes effective chain of command, suffi- cient staff, adequate supervision and particularly in the case of and police sectors) and the CSDP missions order to build lasting peace in the region, against humanity, acts of genocide serious attacks on human 15 or crimes of aggression, or people internal and external accountability rights perpetrated against (EUSEC and EUPOL) . By signing the the EU and its Member States must subject to UN sanctions”; mechanisms; civilians. In March 2014, the Congolese Parliament started Framework Agreement, the DRC committed seize the opportunities offered by the to examine two draft laws: to deepening the reform of the army and recent advances recorded in the area of (1) the preliminary draft of the law relating to the police. In October 2013, President Joseph security, by strengthening their support creation of mixed specialised Kabila presented RSS as “the highest of for international, regional and national Chambers, in charge of 16 judging those responsible for priorities” . efforts in this sector, as well as by working such attacks; (2) draft law towards their better coordination. aimed at incorporating the ICC Statute into Congolese The poor management and democratic law. Their definitive adoption control of the security sector in the should be ratified in 2014 and DRC prevents the army, police17 and the their implementation should be followed up closely by the intelligence services from correctly carrying EU and its Member States. 19 out their mission to protect the territory Murders, torture, sexual violence, forced and population. Gaps are observable in recruitment (including of numerous areas (recruitment, training, children), pillaging, forced displacement etc. payment of salaries, living conditions etc.). 20 We should also mention the malfunctioning The International 18 Security Sector Advisory of justice , which maintains the feeling of Team (ISSAT), Evaluation de la réforme du secteur de impunity among elements of the security la sécurité et de la justice forces guilty of acts of violence against the au Burundi – rapport final, 19 February 2014, p.7. population or involved in the illegal trade 21 Ibidem. in natural resources.

In Burundi, the country’s technical and financial partners (EU, UN, Germany, Belgium, France, Netherlands, Switzerland Monusco patrol in North Kivu in 2013 (Photo Giampaolo Musumeci). and USA) have invested a lot in the

6 FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION 7 Rule of law the risk of new violence linked to the Sustainable management around their contracts and payments, which and democratisation frustration of groups of the population who of natural resources makes political and social control difficult, for a long time have been excluded from if not impossible, regarding the manner in In countries of the Great Lakes participating in political life and exercising The sustainable management and which the extraction income is received and region, the participation of various power. development of natural resources can allocated. We should also point out here the components of society in political life constitute a significant lever for reducing corruption and embezzlement present at is faced with numerous obstacles: the Thelack of accountability of elected poverty and a weighty incentive for the all levels of power, and under-financing of divide between political elites and their representatives and the weakness of the strengthening of regional cooperation. administrations responsible for applying populations; divisions surrounding counter-power engender dysfunctional The DRC is rich in natural resources the various legal frameworks relating to ethnic identities which tend to determine and irresponsible systems of governance (land, forests, mines, hydro-electric extractive sectors (mining and forestry political alliances and configurations; as well as recurrent crises of legitimacy. power and hydrocarbons). By comparison, Codes in particular). We should also point excessive centralisation of power; lack The constitution of the Rule of Law also Burundi and Rwanda are relatively to tax regimes which are too favourable of independence of the judicial system suffers fromexcessive centralisation of lacking in natural resources and have towards companies, and which, in addition, from political power and attacks on power, generalised impunity, and a weak mainly relied on export agriculture do not prevent the latter from using various the political and media freedom of capacity and desire of administrations to (tea, coffee) or subsistence agriculture. strategies to evade the little tax that they 24 25 15% of the Congolese expression; electoral processes marred comply with and apply the law. Given this In order to diversify their economies, have to pay . State’s budget is made up of Public Development Aid, 25- by irregularities and in which opposition malfunctioning, the long-term viability of these two countries also intend to profit 30% is revenue from copper rarely has a right to participate. institutions is far from being ensured. from high prices for raw materials and The incapacity of producing countries, such and cobalt mining and about 25% is revenue from oil develop an industrial mining sector. This as the DRC, to regulate their extraction extraction. 25 In this context, civil society organisations A more in-depth analysis of the political “extractivist” direction of countries in the sector and make them a lever for human Stefaan Marysse and exercise their watchdog role with great and electoral context and specific region is encouraged by the EU, who sees development is largely undertaken by the Claudine Tshimanga, “La renaissance spectaculaire difficulty and cannot effectively defend recommendations per country are developed in this the opportunity to diversify its commercial and investment strategies 22 22 du secteur minier en RDC : Burundi: p. 13-15; the population’s aspirations for change. in Part II of this memorandum . However, sources of supply. This is to the detriment of industrialised countries. Whether où va la rente minière ? “, DRC: p. 16-18; in Cahiers africains/Afrika Rwanda: p.18-20. In these three countries, they worry the intensity of the electoral calendar of local populations who undergo the it is EPA negotiations, the signing of Studies no. 82 (2013), Royal 23 Specific recommendations about the flaws in the preparation and regionally should already be highlighted: negative impacts of exploitation and Bilateral Investment Agreements or the Museum for Central Africa/ L’Harmattan, Tervuren/ relating to the political and organisation of elections, and particularly local, provincial, presidential and legislative generally do not derive any benefit from it. implementation of the Raw Materials electoral situation of each Paris; Africa Progress Panel, country are set out below: fear that the parties in power shall approve elections (2015-2016) in the DRC, legislative Initiative, the EU and its Member States are Equity in Extractives. p. 15 (Burundi), p. 18 (DRC), Constitutional changes authorising the and presidential elections in Burundi (2015) Resources for development? not an exception. These systems undermine Stewarding Africa’s natural p. 20 (Rwanda). resources for all, Africa increase in the number of authorised and Presidential elections in Rwanda (2017). Managed from the perspective of the sovereignty of producing countries, since Progresses Report 2013, April 2013. successive presidential terms. sustainability, the exploitation of natural they prevent them from protecting their 26 Frédéric Triest, The next three years will therefore be resources may truly become a lever for resources, protecting the rights of their “L’approvisionnement en If it is finally implemented, such a strategy decisive, not only for the consolidation of a better redistribution of wealth and an populations and deriving the maximum minerais des Européens à would enable Presidents Joseph Kabila the rule of law and democratisation in the improvement of the population’s living revenue from their exploitation to finance n’importe quel prix ?”, in La 26 Revue Nouvelle, no.2013/11, (DRC), Paul Kagame (Rwanda) and Pierre region, but also for its stability generally. conditions. The DRC’s positive results from their own development . p.58-66. It is 27 Nkurunziza (Burundi) to seek a third term, crucial that the EU and its Member States the point of view of macro-economic growth The industrial mining sector only provides 20,000 significantly reducing the probability ofa closely monitor the situation and strongly are partly attributable to growing foreign Another major fault, which is attributable to 30,000 jobs in the DRC. change at the helm of the States. Even if mobilise themselves for the organisation investment in the non-manufacturing to producing countries, businesses and the See Stefaan Marysse and Claudine Tshimanga, “La the issues and worries that this scenario in the 3 countries of credible and peaceful industry sector (oil and mines). countries from which the latter originate, is renaissance spectaculaire raises are different in each of the three electoral processes complying with the lack of consideration of the negative du secteur minier en RDC : où va la rente minière ?”, in countries, its realisation would increase international democratic standards. The liberalisation of the exploitation social and environmental impacts, which Cahiers Africains/Afrika of natural resources launched in 2002 are often irreversible, generated by the Studies no. 82 (2013), p.28. by the DRC was mainly profitable for intensive exploitation of resources and 23 businesses, which have exported the profits suffered by the population locally. The RECOMMENDATIONS abroad. Certainly, the increase in mining damage to the environment contaminates EP–EEAS–MS: maintain a high level EP–EEAS–MS: assume a clear position EEAS–EC–MS: support the action of EEAS–MS: implement, through EU and oil production was accompanied by an the land, water, livestock and the population. of vigilance within the EU, but against any constitutional change civil society organisations in the delegations and ambassadors 24 also the UN and AU, regarding the in the three countries, endange- preparation of elections, particu- from Member States present in increase in fiscal revenue in the DRC and In addition to health problems, there is development of various electoral ring the conditions for a change at larly through financing of civic and the region, the EU’s guidelines on Rwanda, but in an unequal proportion if also a reduction in the land available for processes in the region’s three the helm of the States; electoral education programmes, human rights defenders ; you consider the wealth exported and the peasant and family farming on which the countries, particularly in the field EP–EEAS–MS: make the financial strengthening women’s role and EEAS–EC–MS: support the regional of political freedoms; support of the EU and its Member- training of electoral observers; mechanisms, particularly those of profits made by the companies. The majority majority of the population depends. However, EEAS–EC–MS: undertake a strong States to the organisation and the EEAS–EC–MS: strengthen the pro- the AU, intended to support the of mining, oil and forestry profits leave the the extractive sector offers an insufficient dialogue with Governments in the observation of electoral processes fessionalism of the independent organisation and running of elec- country without bringing about positive number of jobs to compensate the collective region to reverse the increasingly in the 3 countries dependent media in the region; tions in the three countries. 27 worrying trend of shrinking the on the respect of the rights and consequences locally. loss of well-being noted locally . Protection democratic space and preventing freedoms of civil society, political and compliance with local community the work of independent civil opposition and the media during Thefaults in governance of these rights constitutes a fundamental society; the pre-electoral and electoral There is a . periods; resources are multiple. lack challenge here of transparency of States and companies

8 FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION 9 “Conflict minerals” sectors. On the ground, these initiatives face only aimed at primary importers of raw Given the significance of the artisanal Some countries neighbouring Congolese problems of feasibility, trustworthiness minerals or metals into Europe, and not mining sector for the economy of the Kivu hope to develop an industrial mining and security. Despite commendable at those that place in Europe finished or eastern Provinces, its formalisation should sector, particularly Burundi (gold, nickel) objectives, they have therefore remained semi-finished products containing the 3Ts be supported. Thepeaceful coexistence and Rwanda (tin, tantalum). This strategy ineffective in terms of the fight against the and gold (cars, jewellery and electronics). of this sector with the expansion 28 is controversial essentially because of the phenomenon of “conflict minerals”. The proposed measures therefore risk of industrial activities (exploration/ Tin, tungsten and 43 tantalum (also called involvement of these countries in the illegal only being followed by a limited number extraction) is not assured, creating a risk of “coltan”). 29 S/RES/1807 (2008), trade in minerals mined using artisanal This ineffectiveness is partially explained of companies concerned by the trade in insecurity if the tens of thousands of miners 41 28 Join (2014) 8. S/RES/1857 (2008), S/ methods in the East of the DRC (“3Ts” by the fact that they were devised without a “conflict minerals”. are deprived of their main source of income 42 RES/1896(2009), S/RES/1952 and gold) and which feed conflicts and real without being offered any alternative. EurAc, European Draft (2010), S/RES/ 2021 (2011), S/ prior consultation with local players. Regulation on responsible RES/2078 (2012). violence there. These players have therefore not been able In addition, the measures proposed by the mineral sourcing . What 30 Janvier Kilosho Buraye, to take ownership of the objectives that they EU risk encountering the same concerns Cooperation programmes related to the lessons can be learned from Gabriel Kamundala Byemba the Democratic Republic of The role played by the trade in theses are pursuing and perceive them as measures about effectiveness facing other international formal exploitation of natural resources Congo?, October 2014. et Adamon Ndungu Mukasa, 43 “Traçabilité des produits minerals is now well-known and imposed from abroad that are not directly initiatives. The EU and its Member (minerals, agricultural products, oil and For example, in South miniers dans les zones de documented: profitable for them37. States should gas) should be implemented in the region. Kivu the expansion of the conflit au Sud-Kivu”,Cahiers it profits various armed invest more funds into Canadian company BANRO Africains/Afrika Studies no. groups and certain members of the strengthening the Congolese State’s desire By allowing various countries to derive is placing the artisanal sector 82, p. 133. under pressure. 31 Congolese army, thus contributing to The defiance of certain local players with and ability to control the exploitation and profit from regulated and fair exploitation UN Group of Experts on the DRC, Final report stagnation of the conflict. Since 2004, several regard to these initiatives can be explained trade of artisanal minerals. of resources, these programmes will 2013, Un Security Council, Resolutions of the UN Security Council have in particular by the fact that some of them contribute to fighting against “pillaging” S/2014/42, 23 January 2014. 32 denounced the phenomenon of “conflict have encouraged international buyers to no In this respect, the proposals made by of the DRC’s natural resources and lead Alan Martin and Bernard 29 Taylor, All that Glitters is minerals” in the DRC . longer source officially in the region and the European Commission and European to the emergence of the conditions for a Not Gold: Dubaï, Congo and subsequently, have reduced the income of External Action Service (EEAS) in their sustainable peace in the region. the Illicit trade of Conflict 41 Minerals, Partnership Africa Interests surrounding the illegal trade in the community dependent on artisanal Joint Communication seem too vague Canada, May 2014. Congolese minerals are not only local, but mining. However, this sector directly and incomplete to truly support responsible 33 42 UN Group of Experts also regional: “several Mafia-like networks employs nearly 2 million people and sourcing from the DRC . on the DRC, Final Report have developed ramifications in countries 8 million indirectly nationally38, out of an 2013, UN Security Council, 30 S/2014/42, 23 January 2014, neighbouring the DRC” . According to active Congolese population estimated at p.45. 39 34 the UN Group of Experts on the DRC, 98% 30 million . RECOMMENDATIONS In October 2013, for example, a kilogram of tin of gold extracted using artisanal methods Governance of Natural Resources EEAS–EC–MS: encourage Burundi Conflict minerals EEAS–EC–MS: support the forma- sold for 4 dollars in the mines (in 2013) was exported illegally from the The ineffectiveness of initiatives can also be EP–EEAS–EC–MS: reform Trade and Rwanda to adhere to the EITI, EP–EC–MS: adopt a European lisation of the artisanal mining of South Kivu, compared to 8 DRC, with a value representing between explained by the Congolese State’s lack of Agreements, Bilateral Investment considering the announced deve- Regulation on responsible mineral sector in the DRC through dollars in the trading centres 31 Treaties and the Raw Material lopment of their extractive sectors supply from conflict-affected the strengthening of its legal of Bukavu and 15 dollars in 383 million and 409 million dollars . This control over mining and a trade in artisanal Kamembe in Rwanda. Initiative in such a way as to en- (mines and hydrocarbons); and high risk areas which make framework (revision of the 2002 35 gold is mainly exported to Burundi, Uganda, minerals that is still largely informal. The able countries producing natural EP–EEAS–EC–MS: reform the mandatory the implementation Mining Code) and administrative Matthysen K. and European CSR policy, in such a departments responsible for ap- Zaragoza Montejano Tanzania and South Sudan, and then sent capacity and means available to the State resources to regulate their exploi- of the OECD Due Diligence A., ‘Conflict Minerals’ to Dubai, one of the main global crossroads departments responsible for making the tation (protection of the environ- way as to make mandatory the Guidance, not only for importers plying it (DGM, SAESCAM, Police initiatives in DR Congo: 32 ment and local communities) and compliance with the OECD’s gui- of tin, tungsten, tantalum and of Mines etc.). The formalisation Perceptions of local mining for the gold trade, or to Dar Es Salaam . sector secure, putting it in order and mobilise them as a financial lever ding principles for multi-nationals gold, but also for other companies should acknowledge the impor- communities, IPIS/EurAc, With regard to the “3Ts”, the UNGoE coordinating the implementation of various for their development (creation of and the UN’s guiding principles who are the first to put these tance of artisanal mining locally November 2013. added value, taxation); relating to business and human metals on the European market and ensure its coexistence with 36 confirms that while smuggled minerals are initiatives in the DRC are quite simply http://www.oecd. EEAS–EC–MS: support, technically rights. This reform should in parti- in the form of finished products. the industrial sector. In addition, it org/fr/daf/inv/mne/ also transported to Uganda and Burundi, insufficient. and financially, the DRC’s efforts cular allow victims of the activities The companies concerned by the should ensure better protection of GuideEdition2.pdf. 37 Rwanda remains the choice destination of to collect and optimise in a of international companies to ac- legislation should be subject to artisanal miners and women wor- Matthysen K. and smugglers33, due to the significant difference After several years of absence regarding this transparent way the tax revenue cess justice, within the European the obligation to publicly report king in the mines, demarcate the Zaragoza Montejano A., derived from the extractive sector, jurisdiction to which the activities on the manner in which they areas reserved for this type of mi- op.cit.. between the prices obtained in the DRC and problem, in March 2014 the EU presented 38 34 40 through the modernisation of the of the incriminated company are implement due diligence in their ning, and clarify the mechanisms World Bank, Democratic Rwanda . a draft Regulation encouraging, on a tax regimes of the mining, oil and referred; supply chains, in accordance with for settling conflicts between Republic of Congo. Growth voluntary basis, the responsible mineral forestry sectors, and the adminis- EEAS–EC–MS: support the revision the OECD’s Guidance; owners holding (customary or for- with governance in the trative departments responsible and implementation in the DRC of EEAS–EC–MS: strengthen the EU’s mal) land rights and those holding mineral sector, Report Faced with this situation, Central Africa has sourcing of companies importing 3Ts- no.43402-ZR, May 2008, p.8. their implementation (DGRAD, legal frameworks governing the support to the ICGLR and its mining rights . 39 become the laboratory for multiple public minerals, their ores, and gold to the EU. DGI); exploitation of natural resources Member States, with a view to According to Stefaan Marysse, Professor at the and private international initiatives, in According to EurAc, the voluntary measures EEAS-EC: support public authorities (land, forestry and mining Codes, accelerating the implementation University of Antwerp favour of certification, traceability and proposed by the European Commission are and Congolese civil society in or- law on hydrocarbons), with a view of the six tools of the regional 35 der to allow them to understand to better protecting the rights of Initiative against the Illegal and President of the supply chain due diligence : iTSCi, OECD too weak to bring an end to trade on the Belgian Reference Centre 36 and better use future flows of local communities; Exploitation of Natural Resources; for Expertise for Central Guidance , the US Dodd-Frank Act (section European market of minerals that have data caused by the adoption of EEAS–EC–MS: encourage and sup- Africa (CREAC), interviewed 1502), six tools of the ICGLR Initiative financed armed groups active in Central European Directives establishing port in Burundi, considering the in Exploitation minière the obligation of transparency of announced development of its congolaise: artisanat versus against the Illegal Exploitation of Natural Africa, particularly in the DRC. industrie”, Glo.be, 25 April financial information (country by mining sector, the establishment 2014. Resources. In 2012, the DRC and Rwanda country and project by project) of a new mining Code protecting 40 relating to extractives; the rights of local communities 2014/0059 (COD). adopted legislation that makes due diligence In fact, the proposed voluntary self- mandatory in the supply chains for all certification scheme does not contain any impacted by mining operations (exploration and extraction). companies operating in the “3Ts” and gold mandatory measure for companies and is

10 FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION 11 Burundi of 2013. In March of the same year, a Since its independence (1962), Burundi workshop bringing together Burundian Part II: national contexts has been marred by battles for power, political leaders was organised with the ethnic violence and exclusion, and civil support of the BNUB with a view to his second section is dedicated to In their own way, each of the national wars that have caused death and the discussing the next electoral cycle planned the construction of the rule of political contexts of Burundi, DRC and displacement of thousands of people. in 2015. Theroadmap produced at the end law and democratisation in each Rwanda represent a test for the EU Following the implementation of the of the workshop lists a series of principles 45 of the three countries concerned by commitment to support democracy in Arusha Peace Agreement (2000) , the intended to provide guarantees regarding this memorandum. The proposed analysis Central Africa. Compliance with this the democratic inclusion and participation 45 country experienced a progressive return 47 Accord d’Arusha pour la Tof national contexts therefore highlights one commitment should be one of the priorities to stability and a democratic opening- of the parties in power and the opposition . Paix et la Réconciliation au Burundi, 28 August 2000. of the three regional challenges presented of the EU external policy during this new up ensuring a balanced participation More than one year after the workshop, it 46 The Uprona party broke in the first section. This choice is justified European legislature. In fact, beyond the of Hutus and Tutsis in political and should be noted that the principles of the into two camps in February by the coexistence of the electoral smooth progress of elections and respect institutional life. Nevertheless, the roadmap have regularly been breached by 2014: on the one hand, the 44 agendas of the three countries between for human rights, the democratisation of those in power. camp of Charles Nditije Local, provincial, 44 achievements of the Arusha Agreement and Evariste Ngayimpenda presidential and legislative now and 2017 , by the significance that political life will have a direct influence on (President and Vice- elections (2015-2016) in now seem threatened, on the one hand, by these electoral deadlines take on for their the of each of the three countries Democratic space in danger President of the party) the DRC, legislative and stability the failure of the electoral process in 2010 who left the Government presidential elections population, and by the numerous challenges as well as the possibility of seeing the and, on the other hand, by the progressive In Burundi, the right to freedom of and, on the other hand, the in Burundi (2015) and that the organisation of truly democratic, emergence of an expression is guaranteed by the Constitution camp of Concilie Nibigira presidential elections in economic development reduction of the democratic space a few who chose to remain in the Rwanda (2017). credible and peaceful elections represents in that the population can finally benefit from months prior to the next local, legislative and international and regional treaties Government. 47 each country. in full. and presidential elections in 2015. ratified by the State. In addition, freedom of The creation of a platform for regular exchange between expression is part of the National Strategy the Independent National After the years of civil war (1993-2003), the for good governance and the fight against Electoral Commission victory of the CNDD/FDD of President corruption. Organisations from Burundian (CENI) and parties and political players; the need Pierre Nkurunziza during the 2005 elections civil society, including partners of EurAc for young people affiliated concluded a first electoral process whose and its members, play a key role in the with political movements to contribute to an democratic character was acknowledged monitoring of Government action and environment favourable by all of the political parties and foreign protection of the democratic space. Alas, a towards elections; the need to establish a security observers. This step has enabled the series of restrictive laws already adopted or environment that protects establishment of the legitimate institutions in the process of being adopted, has added all political players, which facilitates their activities that Burundi needed. The abandonment to the harassment and threats suffered and the free participation in April 2009 of armed conflict by the FNL, since 2010 by journalists and other critical of the population in the electoral processes; the the last of the Burundian rebel groups to be voices denouncing political assassinations, need to guarantee the free active, kept up the hope that the country will corruption and poor management of the access of the parties and political players to State definitively leave violence behind. country. media as well as freedom of expression, demonstration Following accusations of fraud during In April 2013, the National Assembly and association. the local elections of May 2010 made by a adopted a media law aimed at forcing section of the opposition but not confirmed journalists to reveal their sources of by national and international observers, the information relating to offences concerning majority of the opposition parties (FNL, State security, public order, defence and MSD, FRODEBU...) took the decision to people’s physical and mental health (article boycott the legislative and presidential 17). In addition, journalists must refrain elections of June 2010. Feeling threatened from reporting information that could by those in power, the main leaders of these affect “national unity, public security and parties left the country. Pierre Nkurunziza order, morality and public decency, human Voters consult electoral rolls, Burundi 2010 (photo EurAc). was re-elected for a second presidential dignity and honour, national sovereignty, the mandate and CNDD-FDD won 79% of private life of individuals, the presumption Parliamentary seats. The UPRONA and of innocence” (article 18). The law also FRODEBU-Nyakuri parties, holding 16% and enshrines a “prohibition to disseminate 4.7% of the seats in Parliament respectively, information or publish documents in relation joined the CNDD-FDD to form the current to the secrecy of national defence, State Government of Burundi46. security and public security, the stability of the currency, illegal public demonstrations” Under pressure from the International (article 20). The fines for breaches of these Community, several opposition leaders articles are exorbitant, and can reach returned to the country at the beginning 6 million Burundian Francs (3000 euros).

12 FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION 13 Also, while the law has not yet been applied, Conscious of the weakness of the outcomes On 3 April 2014, BNUB sent a report to the victims and third-parties. For some time it cases of self-censorship by journalists have of governmental action, the CNDD-FDD is UN’s headquarters accusing the Burundian has been the subject of regular criticism, and become a reality. trying to reduce the other parties’ capacity Government of having distributed arms the recent reform of the CNTB (December to represent the alternative. The CNDD- to the Imbonerakure. On 16 May 2014, 2013) has caused worry among certain A law on demonstrations and public FDD’s desire to hang on to power at the the judicial police in Bujumbura arrested groups in Burundian society. They have meetings adopted in August 2013 sets out expense of the democratic process is also Pierre Claver Mbonimpa, President and doubts about the independence of the new that the administrative authorities must perceptible from an attempt to ensure a founder of APRODH. His arrest followed provision from the current regime. The be notified four days before they take place. level of control of the National Assembly a radio broadcast, on 6 May 2014, in which situation does not bode well for risks of The main worry concerns the possibility for equivalent to the current one, despite the he confirmed that he had evidence that manipulation of the ethnic issue for those in power to invoke this law to prevent probable reduction in the number of seats military training had been given in political ends. opposition parties from mobilising their that it will hold after the 2015 elections. the DRC to young Burundians under supporters and civil society organisations to the supervision of an executive of the Transitional justice 48 48 demonstrate or hold press conferences . In On 21 March 2014, the Burundian Burundian SNR. According to the activist, Promulgated on 15 May 2014 by the The territorial authorities addition, the law sets out that no congress Government submitted a proposal for some of these young people had been killed President, the law on the creation and have the right to prohibit these meetings and public of a political party and no assembly of a civil constitutional review before the National on Congolese territory. functioning of the future Truth and demonstrations if there are society organisation can be held without Assembly allowing President Pierre Reconciliation Commission (CVR) should signs that they are likely to disturb public security. the participation of a representative of the Nkurunziza to seek a third mandate and In addition, there is a risk of escalation if have represented a significant advance in the 49 Amnesty International, administration. modifying the system for the adoption of the youth of other parties decide to respond implementation of the Arusha Agreement. Burundi - le verrouillage. laws in the National Assembly from two- in a proportionate manner to the actions of However, the text adopted by the National Lorsque l’espace politique se rétrécit, July 2014. Civil society organisations also denounce thirds to simple majority. This proposal Imbonerakure. Assembly does not make reference to the a draft law relating to non-profit clearly threatens the achievements of the creation of a Special Tribunal, as stipulated organisations which, if it had been adopted, Arusha Agreement assuring a balanced When clashes occurred on 8 March 2014 by the Arusha Agreement, or the possibility would open up the path to a manipulation representation and participation of the between the police and representatives of of bringing judicial proceedings before the of the accreditation process for non- various community components in the the MSD during a sporting event organised ordinary courts on the basis of evidence profit organisations by the Government: country’s political and institutional life. by the latter, 69 members of the party were gathered in the context of the work of non-profit organisations are supposed to arrested, of whom 21 were sentenced in the CVR. In addition, the procedure for submit their request for approval to the However, all of the political parties, civil perpetuity without the judicial authority nominating the 11 commissioners raises Ministry for the Interior and the Ministry society organisations and religious providing the slightest grounds for this. In doubts about their independence. These responsible for the field in which they denominations had signed in December addition, an arrest warrant was issued faults jeopardise the reconciliation and work (health, agriculture etc.). Civil society 2013 an agreement (“Kigobe consensus”) against the President of the MSD Alexis reparation work and the fight against fears that these measures serve to submit establishing that if a change in the Sinduije, because of “participation in an impunity in Burundi. their activities to Government control Constitution is desirable with a view to insurrection movement, rebellion, contempt and prevent non-profit organisations, as developing a new electoral Code, changes and violence towards persons wielding These facts illustrate the establishment well as networks of associations, from in the number of presidential terms and public authority or police force”. Following of a climate of fear a few months from working in several fields simultaneously. In the parliamentary majority should only be the events of 8 March, the Government has elections and in return contribute to a more addition, the registration of NGOs has to revised after the 2015 elections. Although also prohibited the carrying out of any than just worrying level of tension. The be renewed each year, subjecting them to the National Assembly narrowly rejected sporting activity as a group. situation has become critical and requires permanent insecurity about their survival. (by one vote) the proposal for constitutional strong engagement by the EU and Member Lastly, the bringing together of associations review, the Government’s attempt to force TheNational Commission on Land States, in order to prevent an escalation of who do not work in the same field shall be through a measure against the “Kigobe and other Assets (CNTB) is responsible violence that would be damaging not only prohibited, endangering numerous existing consensus” gives cause to worry given the for handling disputes (particularly land for Burundi, but also for countries in the platforms that bring together various types fragility of the situation. disputes) between assassinations and war region. of organisations (trade unions, religious denominations, NGOs...). Internal insecurity and violence are RECOMMENDATIONS increasing. Youth from the CNDD-FDD, the Deterioration in the pre-electoral Imbonerakure (“Those who see far”) are EEAS–MS: put pressure on the EP–EEAS–EC–MS: make the financial EEAS–EC–MS: support the professiona- context Burundian Government so that the support of the EU and its Member lisation, freedom and diversification regularly involved in human rights violations democratic space remains open and States to the electoral process de- of independent media in Burundi; The introduction of restrictive laws described (beatings, acts of intimidation, restrictions the political players, both from the pendent on (1) the holding of elec- EEAS–EC–MS: support the transitional above, one year after the 2015 elections, on the holding of political meetings) majority and the opposition, can tions that are inclusive, transparent justice process in such a way that it safely participate in the political life and peaceful and (2) the establish- operates in a transparent, impartial bears witness to the CNDD-FDD’s strategy and have also been implied in several 49 of the country, in accordance with ment of an environment enabling and inclusive manner. One of the consisting in weakening opposition parties, murders between 2012 and 2014 . Present the recommendations contained in civil society, the media and the po- priorities of this support should the media and civil society. This strategy throughout the country, they benefit from the roadmap of March 2013; litical opposition to democratically be the nomination within the CVR exercise their respective roles; of competent and independent might be explained by the party in power’s a certain level of impunity because their EEAS–EC–MS: support the action of commissioners. fear of losing the hegemony that it has had actions are not in anyway countered by the Burundian civil society, particularly since 2010. administration or local security forces. through the financing of civic and electoral education;

14 FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION 15 Democratic Republic Crisis of legitimacy among political CENI, the proposals of civil society have The democratic space held by theopposition institutions clearly not been taken into account. The is also reduced. In February 2014, Vital of Congo (DRC) nd The failure of the 2011 elections caused calendar seems to opt for the 2 scenario of Kamerhe, President of the UNC, was twice After 20 years of war and political crises, a generalised crisis of legitimacy among the road map of January 2014, since it fixes refused permission to go to the East of the the DRC is still facing the activities of political institutions, exacerbated the election of councillors of communes, country to hold political meetings there. numerous armed groups and the major by the sectors and chefferies for 14 June 2015, the There are also other examples of opponents challenges of rebuilding the State and non-organisation of local 54 elections (expected since 2006) and the election of urban councillors, bourgmestres being restricted in their political activity . its socio-economic development. In and chiefs of sector for 29 August 2015, and this regard, significant developments postponement of provincial and senatorial . Elected in 2007, the provincial the election of mayors and deputy mayors for In this context, civil society finds it have been observed since 2013: the elections Deputies and Senators have held office and 15 October 2015. difficult to make its voice heard on the signing of the Framework Agreement continued to be paid as such, illegally, since issues of elections. The pre-election climate (February), surrender of the M23 2011. The publication of this calendar provoked is becoming gloomier, preventing the (October/November), operations against strong reactions from civil society return to peace and trust in institutions. armed groups (ADF and FDLR), banking In order to respond to the criticisms lodged organisations and several opposition system for the payment of civil servants, 52 in 2011 with the CENI, this organisation was parties. The former believe that the calendar Theworries of civil society, and a share of The position of Congolese soldiers and police officers, high rate reformed, allowing 3 representatives of civil “aggravates the crisis of consensus between the Congolese opposition, about the electoral civil society organisations of economic growth (8.5% in 2013). regarding the CENI’s society to be involved in its management. the stakeholders in the 2014-2016 electoral issue concern: electoral calendar, Kinshasa, These developments must not lead the 52 But process” and the latter have described it as • the persistent doubts about the intention 2 June 2014. DRC’s partners to reduce their level of worries about CENI’s independence 53 remain since it continues to be made up of a “provocation”. There are multiple reasons of those in power to change the Arbitrary arrests, engagement, particularly their support prohibition of travel individuals from the political class, most of for these reactions: worries about the proper Constitution with a view, among other by opposition leaders, for the construction of the rule of law and whom are close to the presidential majority. organisation of local elections, the lack of things, to allow President Joseph Kabila to intimidation and interference democratisation. with regard to the media and political consensus about the calendar and, seek a third term. NGOs. 54 Challenges for the 2014-2016 above all, the fact that the calendar fails to • The drawing up of the roadmap by La Voix des Sans Voix The signing of the Sun City Agreement electoral cycle clarify the periods planned for the holding the CENI which took place without pour les Droits de l’Homme, (2002) and the political transition (2003- RDCongo : La VSV invite In January 2014, the new CENI presented of provincial, legislative and presidential real dialogue with civil society and les autorité à mettre fin au 2006) that followed, led to the adoption of a elections. In response to these worries, on the political opposition despite the musellement des opposants new Constitution (18 February 2006). The a roadmap for the 2014-2016 electoral politiques, Press release No. process proposing two possibilities for the 3 June 2014, the special envoys of the UN, constitution of a national consultation 042/DRC/VSV/EC/2014, 18 first democratic elections in the DRC since African Union, European Union (EU) and Framework planned for this purpose55. September 2014. 1964 were organised in 2006 (presidential organisation of various elections. The first 55 United States called for the publication of • The electoral register, the reliability of The consultation and legislative) and 2007 (provincial and scenario sees the holding of municipal and framework put in place by the local elections in 2015 with direct suffrage, an “overall” calendar which includes all the which is entrusted to the CENI (inclusion CENI to have an exchange senatorial). This first important step was elections planned in the DRC between now of “omitted persons”) excludes the with all the stakeholders in taken thanks to the significant political and elections of presidential deputies, the electoral process does not senators, governors and vice-governors, city and the presidential elections of 2016. inclusion of “newly over-18s” (those who offer, in the circumstances, a and financial support of the international have acquired the right to vote since 2011) real space for discussion. community, particularly the EU and some councillors, chiefs of sector, bourgmestres, mayors and deputy majors elected by Despite the opposition of civil society and a and the removal of numerous duplications of its member States. The main problem: section of the Congolese political class, on 9 noted in the 2011 register. the local elections, which according to the indirect suffrage. The election of national June 2014 the Government approved a draft Constitution should have closed this first deputies and the President will henceforth review of the Constitution, which aims to Decentralisation stationary electoral cycle, were postponed. be held by direct suffragein 2016. introduce the indirect method of elections Although the building of democratic 50 The second scenario sees the holding for provincial elections. There is also a fear institutions goes through the organisation of See the European Union’s In January 2001, a change to the that this constitutional unlocking opens Electoral Observation Constitution establishing a one round of municipal and local elections in 2015 local elections, it also requires a process of Mission, Presidential and with direct suffrage, and elections of city up the possibility for those in power to also decentralisation. In a country the size of the Legislative Elections - system for the presidential election was amend article 220 limiting the number of 28 November 2011, adopted. In reaction, the EU reduced its councillors, chiefs of sector, bourgmestres DRC, these steps are crucial with a view to Final Report; Carter Centre, and mayors by indirect suffrage. It sees the authorised presidential terms to 2, with a moving the processes of political decisions Presidential and legislative support for the presidential and legislative view to allowing President Kabila to seek a elections – Democratic elections of November 2011. These elections election by direct suffrage of provincial and closer to citizens and introducing third term. Republic of Congo – were marred by significant flaws in terms national deputies being postponed to 2016, transparency and accountability into 28 November 2011, at the same time as the presidential elections, Final Report. of preparation and numerous irregularities these processes. 51 Reduced democratic space AETA, declaration during the collection and compilation and proposes that elections of senators and of 30 April 2014; CENCO, vice-governors by indirect suffrage be held The democratic space, freedom of In the DRC, the vast decentralisation Communiqué on the of results. As a consequence of this, the electoral cycle 2013-2016 credibility of the election results has in 2017. expression and the conditions for the project has for a long time been stationary. of 28 February 2014. been seriously reappraised50. Congolese mobilisation of citizens are deteriorating The Constitution planned in 2006 to and international observers have clearly The scenarios presented by the CENI as the electoral deadlines approach. The grant the 26 Provinces and decentralised pointed the finger at the CENI for its lack of are opposed by Congolese civil society, feverishness of those in power is reflected territorial entities (cities, communes, sectors particularly the use of the indirect suffrage in the methods that they use increasingly and chefferies) broad autonomy, a legal transparency and its too close proximity to 51 those in power. method which is rejected en masse . Given frequently to repress the expression of personality and suitable funding. In the the calendar of urban, municipal and local popular discontent and aspirations for absence of local elections, decentralised 53 elections published on 26 May 2014 by the change . entities will not be constituted by any

16 FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION 17 56 elected body; and, in the absence of effective in Congolese reconstruction, the EU and in Rwanda since March 2014” . In in the election, since the Government only decentralisation, elected representatives particular, this is the case for the director granted it its registration the day before the 56 its Member States must strengthen their Human Rights Watch, at local level will be prohibited from fully targeted and coordinated support for of the religious radio station Amazing deadline set for presenting electoral lists. Rwanda: Vague de exercising their powers. Grace57, Cassien Ntamuhanga, and Jean disparitions forcées, democratisation, which remains one of the 16 May 2014. Damascène Munyeshyaka, executive of the It seems that the status of political freedoms 57 major challenges for the establishment of RSF, Un directeur de In order to continue to play a positive role rule of law in the DRC. Democratic Green Party of Rwanda (DGPR), and expression have not improved since radio disparaît au soir who disappeared at the end of June 201458. the last legislative elections. In a report on des commémorations du génocide des Tutsis au According to information received by HRW, Rwanda published in June 2014, the United Rwanda, 9 April 2014. 58 RECOMMENDATIONS some victims of disappearances have been Nations Special Rapporteur on the rights “Rwanda: l’inquiétude EP–EEAS–EC–MS: contribute actively EP–EEAS–EC–MS: make the financial EEAS–MS: encourage the CENI to EEAS–MS: encourage the CENI to arrested by soldiers from the Rwandan to freedom of peaceful assembly and of grandit suite à la to the organisation of democra- support of the EU and its Member use the consultation Framework make sure that the electoral disparition d’un opposant”, Defence Forces (RDF). association, Maïna Kiai, highlighted that the RFI, 16 July 2014. tic and trustworthy elections States to the electoral process to draw up (1) an electoral road register of the 2015 elections in- 59 that are in accordance with the dependent on (1) the holding of map resulting from a consensus tegrates not only omitted people “recourse to criminalisation of any peaceful “Le président rwandais Constitution, at all levels of power elections that are inclusive, trans- between the demands and but also “newly-over-18s” (people In a communiqué dated 4 June 2014, the public disagreement instils fear, and prevents Kagame menace de «tuer 62 en plein jour ceux qui between now and the end of parent and peaceful, (2) minimum observations of civil society orga- who have acquired the vote since American State Department said that it was any dissidence and pluralism” . déstabilisent le pays”, 2016; consensus about the organisation nisations, parties of the majority 2011) and eliminate the numerous Le Soir, 6 June 2014. very worried about this wave of arrests and 60 EP–EEAS–MS: take a clear position of elections and (3) the establish- and opposition parties, and (2) an duplications noted in the 2011 Colette Braeckman, so that fundamental articles of ment of an environment enabling electoral calendar including all register; disappearances. This deterioration in freedoms clearly affects “Kigali: des arrestations the Congolese constitutions are civil society, the media and the the elections at the various levels EEAS–EC–MS: support the action of In reaction, the president of Rwanda the position of the media. On 8 February frappent le «premier cercle”, respected and that no change is political opposition to democra- of power to be planned between Congolese civil society, particular- blog.lesoir.be, 26 August 2014. declared in particular that the current 2013, a new law was adopted with a view to 61 introduced with a view to exten- tically exercise their respective now and the end of 2016; ly through the financing of civic Human Rights Watch, ding the duration or the number roles; and electoral education; special regime would continue to “arrest more helping the development of independent Rwanda: Silencing Dissent of presidential terms or changing EP–EEAS–EC–MS: encourage the attention should be paid to the suspects and if possible kill in broad journalism in Rwanda. Although, in theory, Ahead of Elections, 2 August 2010. the election method; Government and Congolese MPs mobilisation and participation of daylight those who attempt to destabilise it says that it protects journalists’ right 62 to speed up the decentralisation women, particularly in rural areas. 59 “Liberté d’expression: process, in accordance with the the country” . In the last few months, the to freedoms of opinion and expression, it un rapporteur de l’ONU Constitution. repression has also hit former members of is, in reality, inoperative due to the media critique le Rwanda”, 60 RFI, 15 June 2014. 63 President Paul Kagame’s inner circle . space locked down by the regime. The media Human Rights Watch, are largely dominated by pro-Government World Report 2014. Events Political freedoms and freedoms opinions and journalists who only rarely of 2013, p.157. Rwanda if poverty remains an important challenge, of expression have the opportunity to criticise the After three years of civil war between especially in rural areas. In this regard, On 8 August 2010, President Paul Kagame Government’s actions, due to intimidation, credit should go to the Rwandan authorities threats and proceedings brought against Tutsi rebels from the Rwandan was re-elected by winning 93% of the 63 Patriotic Front (RPF) and the Rwandan regarding administrative reorganisation votes. According to HRW, these elections them . Government, the signing of the Arusha and institutional stability. were marred by “a worrying trend Agreements on 4 August 1993 led to the towards intimidation, persecutions Has civil society been annihilated? formation of a national unity Government. While often cited as an example of and other abuses [and] an increased EurAc has always advocated for the 61 On 6 April 1994, the aeroplane of technocratic governance and economic repression against the opposition” . By consolidation of democratic governance President Juvénal Habyarimana was development on the African continent, the way of example, we can cite the arrest of as an essential factor in stability and shot down while coming down to land idyllic picture of the “Rwandan model” the opposition leaders Victoire Ingabire development in the Great Lakes region. In in Kigali, marking the start of the crumbles as soon as you look at the (FDU-Inkingi) and Bernard Ntaganda this regard, civil society has a vital role to genocide that devastated the country and challenge of political governance. The voices (PS-Imberakuri) before the holding of play as an intermediary between citizens, caused the death of nearly one million of dissidents and civil society independent presidential elections, and their sentencing public power and the private sector. However, people. Twenty years later, Rwanda is of power almost no longer exist in Rwanda. for “conspiracy, undermining the security of in Rwanda, civil society organisations only commemorating this tragedy, which The democratic space and freedom the State and denial of genocide”. Bernard have a very restricted space of freedom, constitutes one of the worst tragedies of of expression are extremely reduced; Ntaganda was freed in June 2014 after interaction and dialogue with the the second half of the 20th century. This governmental authorities exert constant having spent 4 years in prison, while Victoire Government, and therefore cannot ensure moment must not prevent us from having pressure on the media, civil society and the Ingabire is still being held. a truly independent monitoring of the a clear-headed assessment of the outcome political opposition. Government’s actions. of the political and social reconstruction In this context, it is not surprising that the directed since 1994 by President Paul Towards a new hardening of the legislative elections of September 2013 were Numerous organisations from Rwandan civil Kagame’s RPF. regime? largely won by the RPF (76.22% of the votes). society have been the victims of attacks and This pressure is exerted through As during the 2008 elections, the Social persecutions. Their leaders have been forced In 20 years, Rwanda has made remarkable administrative barriers, manipulation of Democratic Party (SDP) and the Liberal to go into exile and have been replaced progress with regard to the reconstruction judicial power (arrests, imprisonments) Party (PL), which are considered to be close by people close to the Government. This of infrastructures, economic governance and, in certain cases, physical threats to the regime, obtained the second (13%) and was still the case in 2013 for the Rwandan and consolidation of domestic security. (intimidation, murders). According to third (9%) scores. None of the other political League for the Promotion and Defence The growth in GDP has hovered around 8% the NGO HRW, “a growing number of parties and the four independent candidates of Human Rights (LIPRODHOR), the for several years and real advances can be people have been the victims of forced were able to participate in these elections. As last independent and effective national noted in the achievement of the MDGs, even disappearances or have been missing for the DGPR, it was not able to participate group defending human rights, over which

18 FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION 19 “members considered as being favourable to as the active participation of civil society 64 reated in 2003, the European Network for Central Africa the Government have taken control” . and the population in the development (EurAc) has 39 member organisations from civil society 64 Ibidem, p.156. of the country. However, the authorities’ in 12 European countries . These organisations work on 65 * Instructions No. 004/03 The recent instructions of the Rwandan pressure and control over the population and in the Great Lakes region. They support civil society of 27 December 2013. Prime Minister establishing the creation of and the feeling of fear that derives from 66 65 organisations in Burundi, the Democratic Republic of * “Liberté d’expression: the Joint Action Forum for Development this, prevent the participation of the various Belgium, Finland, France, un rapporteur de l’ONU Congo (DRC) and Rwanda in their efforts to promote peace, the Germany, Ireland, Italy, critique le Rwanda”, (JADF) jeopardise the independence components of society in political life and a Netherlands, Norway, Spain, RFI, 15 June 2014. and autonomy of international NGOs true equality of rights between Rwandans. defence of human rights and development. Sweden and Switzerland, present in the country. The instructions C United Kingdom. EurAc’s members wish to tackle the structural causes of instability in The logos of the EurAc require NGOs to automatically become Serious worries exist about the conditions members cosigning this members of the JADF, and as such, they and consequences of a possible change at the Great Lakes region and support or back local dynamics. EurAc’s memorandum can be found are subject to the obligation to submit to the helm of power in Rwanda. In fact, in members share the same vision and objective: a policy of the EU and on the following page. the Government an annual action plan, the absence of any form of change during its Member States in Central Africa that is coherent and attentive budget and reports every four months for the last 20 years, it is impossible to know to the needs and aspirations of the populations of this region, par- each sector and each geographical area in if the “Rwandan model”, often defended as ticularly the most vulnerable and most marginalised. which they work. The annual action plans necessary for the post-genocide stability submitted by international NGOs must first of the country, will have led to true EurAc concentrates its activities on advocacy with European institu- be approved by the Government before being reconciliation and the defusing of the ethnic tions and political decision-makers, around 3 central themes for the implemented. In addition, the submission issue. As the UN Special Rapporteur, Maïna Great Lakes region: (1) peace and security, (2) democratisation and (3) of an excessive number of reports, since Kiai, says: “the fear of a new genocide cannot NGOs are generally active in several sectors be invoked when reducing fundamental management of natural resources. Transversely from these fields, the and geographical areas, represent an freedoms, since they are necessary for the improvement of governance and the strengthening of non-State play- administrative overload which simply risks prevention of conflicts”66. ers as a counter-power are priorities of our advocacy work. preventing these NGOs from working. Given the above, it is essential that the The objective of this memorandum is to attract attention to the True reconciliation? EU and its Member States develop a importance of the EU’s commitment for Central Africa and to In order to be sustainable, Rwanda’s stability constructive yet firm dialogue with the advocate in favour of its strengthening during the new European leg- needs to be founded on a process of regime for the opening of the democratic islature 2014-2019. This period will be delicate for the stability of the democratic and political opening, as well and political space in Rwanda. DRC, Burundi and Rwanda. EurAc’s intention is to encourage MPs, the Commission, the External Action Service and European States to RECOMMENDATIONS engage more so that the EU plays its role in full in the pacification, EP–MS–EEAS–EC: put pressure on the EP–MS–EEAS–EC: put pressure on the MS–EEAS–EC: support the emergence stabilisation and development of the Great Lakes region. Rwandan Government so that it Rwanda Government so that it starts of a professional and independent opens up the democratic space and a process of opening up an inclusive civil society and media in Rwanda. lifts the introduced measures that political space, which enables the prevent both Rwandan and inter- democratic opposition parties to be national civil society organisations credited and to participate in the from working and threaten their elections at all levels of power; actual existence;

EurAc - European Network for Central Africa Photograph on cover: Rue des Tanneurs, 165 B - 1000 Brussels, Belgium gathering of citizens in the city Tel.: +32 (0)2213 04 00 of Kamituga (South Kivu) E-mail: [email protected] in 2009 (Commission Justice www.EurAc-network.org et Paix Belgique francophone)

20 FOR A STRONGER COMMITMENT TO PEACE AND DEMOCRACY IN THE GREAT LAKES REGION