Working session on conflict identification and solution pathways: SPR team and members of the communities in Bubale 2, Mbinga-Nord, April 2018
CONFLICTS IN MBINGA-NORD, DRC: INVISIBLE FACTORS AND POSSIBILITIES FOR TRANSFORMATION
CONFLICTS IN MBINGA-NORD, DRC: INVISIBLE FACTORS AND POSSIBILITIES FOR TRANSFORMATION
Contracted under contract AID-OAA-I-13-00042, Task Order AID-660-TO-16-00004
DRC Solutions for Peace and Recovery (SPR)
ABOUT THE SPR–AMANI KWA MAENDELEO CONSORTIUM
USAID/DRC’s Solutions for Peace and Recovery (SPR) project (known as Solutions pour la Paix et le Relèvement in French) is run by a consortium whose activities are conducted by three organisations: Management Systems International (MSI, the prime), International Alert and the International Rescue Committee (IRC). This project has the aim of strengthening local development organisations, community-led peace support structures, research structures and participatory conflict analysis, as well as local government. To cover these project components, USAID is financing the SPR program in North Kivu and South Kivu. This project will contribute to strengthening the foundations of sustainable peace and social cohesion and to prevent recurrent conflicts, through the inclusion of women and marginalised groups.
This project aims to establish the following outcomes by the end of its three years:
• Stakeholders from beneficiary communities are able to identify key conflict drivers and agree on solutions; • Participatory solutions are implemented by community actors; and • Community development resources are allocated in a more inclusive manner and general social cohesion is improved.
These results can only occur if the following strategies are applied:
• a community-based approach; • a gender-based approach, combined with the inclusion of marginalised groups; • a conflict sensitive and “do no harm” approach (as regards to the latter, the requirement of not causing further conflict has now become a widely accepted methodology that is not easily achieved); and • a governance-based approach.
SPR covers areas situated in North Kivu and South Kivu provinces. In North Kivu, it targets the city of Goma and Masisi territory, while in South Kivu, the city of Bukavu, as well as Kabare, Kalehe and Walungu territories benefit from its activities.
The main project beneficiaries are women, marginalised groups, the victims of economic and social disparities (discrimination, unemployment, poverty, etc.) and young people.
The participatory analyses of the conflict dynamics should therefore produce concrete and high-level results. These results contribute towards establishing advocacy actions for the benefit of all.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | iii ACKNOWLEDGEMENTS
This conflict analysis in the groupement of Mbinga-Nord (Mbinga North local administrative unit), in Kalehe territory, South Kivu, would not have been possible without the contribution and support of several key actors. Some of them provided us with access to data, while others facilitated our contact with community leaders in the various areas under study.
The SPR partners have acted as an essential resource, enabling us to identify and list conflicts in the five localités (meaning small town or village) of Mbinga-Nord groupement. We also thank the local committees in general, as well as the members and leaders of the communities who agreed to participate in the data gathering, prioritization and analysis.
This work is also the result of persons who readily agreed to read this report and offer advice, comments, corrections and observations. We extend our sincere thanks to the SPR project management team for their guidance and resources provided, which ultimately made this study possible.
Finally, we would like to express our heartfelt thanks to the government of the United States of America who financed this work through its international development agency, USAID.
iv | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV ABBREVIATIONS
ACF Action Contre la Faim (Action Against Hunger) AFDL Alliance des Forces Démocratiques pour la Libération du Congo [Alliance of Democratic Forces for the Liberation of Congo] ANR Agence Nationale de Renseignements [Congolese National Information Agency] BCZ Bureau Central de Zone de Santé [Central Health Zone Office] CAID Collectif d’Actions Intégrées de Développement [Integrated Development Actions Collective] CDM Comité de Médiation [Mediation Committee] CLPD Comité Local de Paix et de Développement [Local Peace and Development Committee] CLS Comité Local de Sécurité [Local Security Committee] CODESA Comité de Santé [Health Committee] COPEFIMA Comité des Pêcheurs aux Filets Maillants [Committee of Gill-Net Fishermen] COPEMBI Comité des Pêcheurs de Mbinga-Nord [Mbinga-Nord Committee of Fishermen] CSO Civil Society Organisation DGM Direction Générale de Migration [Directorate General of Migration] DRC Democratic Republic of the Congo ENT Encadrement des Traumatisés de Nyiragongo [Nyiragongo Trauma Survivor Training] ETD Entité Territoriale Décentralisée [Decentralised Territorial Entity] FARDC Forces Armées de la République Démocratique du Congo [Armed Forces of the Democratic Republic of the Congo] FEPELAKI Fédération des Pêcheurs du Lac Kivu [Lake Kivu Federation of Fishermen] FONER Fonds National d’Entretien Routier [National Highway Maintenance Fund] ICJP Initiative Congolaise pour la Justice et la Paix [Congolese Justice and Peace Initiative] ICRC International Committee of the Red Cross INGO International Non-Governmental Organisation IOM International Organization for Migration IPEMEA Industrie de Petites et Moyennes Entreprises [Industry of Small and Medium-Sized Businesses] ISDR Institut Supérieur de Développement Rural [Higher Institute of Rural Development] MUSO Mutuelle de Solidarité [Solidarity Cooperative] NGO Non-Governmental Organisation NPO Nonprofit Organisation OPJ Officier de Police Judiciaire [Criminal Investigation Officer] PNC Police Nationale Congolaise [Congolaise National Police] RCD Rassemblement Congolais pour la Démocratie [Congolese Rally for Democracy] SPR Solution pour la Paix et le Relèvement [Solutions for Peace and Recovery] TGD Tous pour le Genre et le Développement [Gender and Development Solidarity] UDF Union pour le Développement des Femmes [Women’s Development Union] UNDP United Nations Development Program VSLA Village Saving and Loan Associations
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | v EXECUTIVE SUMMARY
This study is based on the analysis of six large-scale conflicts that remain a major concern in villages within Mbgina-Nord groupement, in Kalehe territory, South Kivu province, DRC.
This study was conducted with a view to supporting the peacebuilding, social cohesion and recovery strategy for the project under joint implementation by the consortium comprising: Management Systems International (MSI, the prime), International Alert (IA) and the International Rescue Committee (IRC). This USAID-funded project contributes to strengthening foundations of sustainable peace, as well as prevention of recurrent conflicts. Inclusion of women and other marginalised groups through peacebuilding initiatives in North Kivu and South Kivu are a key component to the project’s success.
To ensure the project is able to fully satisfy USAID objective TO3, social cohesion and peacebuilding, an in-depth analysis of key conflict drivers and actors in Mbinga-Nord to identify a series of development strategies and recommendations.
Mbinga-Nord is one of the areas in Kalehe territory that has been affected by multiple and multiform conflicts over the course of several decades. The analysis process involved document reviews and interviews with International Alert partners, local peace and development committee members, community leaders, local politico-administrative authorities and civil society actors from five localités in Mbinga-Nord groupement. Analysis of findings resulted in the prioritization of six conflicts out of the 47 identified in this area. These priorities included:
• Land conflict between livestock farmers and crop farmers; • Dispute between large-scale landowners and small-scale landowners; • Conflict concerning the supply of drinking water, between the inhabitants of the localité of Bubale 1 and the NGO “ETN”; • Conflict between coffee growers and the cooperative managers; and • Conflicts between the civil society and state-supported services.
A seventh priority came under consideration following further analysis, bearing in mind its scale within the communities in question. This conflict is cited as a conflict between the mine operators and mining concessionaries.
Main findings include:
• The conflicts in Mbinga-Nord have been multiple and multiform over several decades. • Land conflicts are rooted in the problems between: the members of individual families (questioning inheritance rights); large-scale landowners and small-scale landowners; crop farmers and livestock farmers; the buyers of plantations and the local populations; and finally, mining concessionaries and mining cooperatives. • The economic conflicts originate from problems between: coffee growers and the agricultural cooperatives; crop farmers and livestock farmers. Conflicts over power occur between the village chief and youth and between local authorities and security services. Finally, social conflicts are taking place between the civil society and the NPO “ETN” due to
vi | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV the conveyance of drinking water; between ship-owners and families affected by their children drowning; and between parents and teachers. • Three broad conflict dynamics are observed in Mbinga-Nord groupement: land, the economy and issues concerning social order. • The groupement has huge potential for peacebuilding. For example, each localité has a civil society support structure and local development organisations that are involved in conflict resolution. • Several areas of life remain exclusively dominated by men, with women having no say. The importance of traditional customs remains powerful across villages. Women do not have the same rights as their brothers, and wives certainly do not have equal rights with their husbands. This lack of respect for women causes a breakdown in social cohesion within families and exacerbates conflict. • Another group that suffers from marginalisation are the Pygmy people, or forest dwellers.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | vii TABLE OF CONTENTS
ABOUT THE SPR–AMANI KWA MAENDELEO CONSORTIUM III ACKNOWLEDGEMENTS IV ABBREVIATIONS V EXECUTIVE SUMMARY VI TABLE OF CONTENTS VIII INTRODUCTION 1 Objectives: 1 Specific objectives 11 Methodology 1 Presentation of the research area 2 PRESENTATION OF KALEHE TERRITORY ...... 2 0.3.2. PRESENTATION OF THE MBINGA-NORD GROUPEMENT ...... 3 CHAPTER 1: LITERARY REVIEW 4 Some key concepts of this study 15 A review of previous work 7 CHAPTER 2: RESULTS OF THE PARTICIPATORY CONFLICT ANALYSIS IN MBINGA-NORD 7 Context analysis: 7 Conflicts in Mbinga-Nord groupement: 9 II.2.1 The actors, causes and consequences of conflicts in Mbinga-Nord 11 Complex conflict dynamics 14 THE LAND CONFLICT: A DORMANT VOLCANO IN MBINGA-NORD ...... 14 FROM LAND TO IDENTITY: HUMAN SECURITY IN MBINGA-NORD ...... 14 FROM LAND TO SOCIAL ABUSES ...... 15 EXISTING CONFLICT TRANSFORMATION MECHANISMS ...... 16 LOCAL PEACE AND CONFLICT TRANSFORMATION CAPACITY ...... 17 WOMEN AND OTHER MARGINALISED GROUPS IN MBINGA-NORD GROUPEMENT ... 20 CHAPTER 3: THE POSSIBILITIES FOR CONFLICT TRANSFORMATION IN MBINGA-NORD 22 III.1 The participatory conflict transformation model in Mbinga-Nord 23 III.2 Capacities of the stakeholders to transform conflicts 28 PERSPECTIVES AND RECOMMENDATIONS 29 Perspectives 29 Recommendations: 30 TO THE LEADERS OF THE CLPD AND OTHER CIVIL SOCIETY ORGANISATIONS IN MBINGA-NORD: ...... 30 TO THE SPR PROJECT AND OTHER PEACEBUILDING ORGANISATIONS AND THEIR PARTNERS: ...... 30 TO THE PROVINCIAL AND NATIONAL GOVERNMENTS: ...... 30
viii | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV TO THE LOCAL AUTHORITIES, PEACE SUPPORT STRUCTURES, COMMITTEES OF FISHERMEN, SHIP-OWNERS AND SECURITY SERVICES: ...... 31 TO THE POPULATION OF MBINGA-NORD: ...... 31 CONCLUSION 32 BIBLIOGRAPHY 33 WEBOGRAPHY 34 ANNEX: ADMINISTRATIVE MAP OF KALEHE TERRITORY 35
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | ix
INTRODUCTION
This paper summarizes the results from a series of conflict analyses in the Mbinga-Nord groupement in Kalehe territory, South Kivu province. Conflict dynamics in this region have been monitored by partners in the SPR-Amani kwa Maendeleo consortium, primarily in conjunction with ICJP and the ISDR through several participatory workshops. These partners have worked with community leaders and local peace committees to prioritize the main conflict issues.
Lessons learned from the conflict analysis and from the partners’ work demonstrate the importance of peacebuilding activities at the local and community level. The objective to significantly reduce tensions in respective milieu has made positive contributions towards peacebuilding.
Five localités (or villages) in Mbinga-Nord are concerned by this study; they are: Kabulu 1, Kabulu 2, Myanzi, Bubale 1 and Bubale 2. In total, out of 47 conflicts documented, only six conflicts were prioritized for this study, based on the security, political, social and economic context. The classification of conflicts according to these broad typologies enabled the team to understand how they interact with concerns around weak governance rooted in the land-related, economic, social and security spheres.
Throughout the following chapters, this study describes the situations and/or root causes concerning the conflicts, as well as strategies to transform conflict dynamics in Mbinga-Nord. The work undertaken by the Amani kwa Maendeleo-SPR project partners are highlighted along with results of the participatory analyses. This study is a mere sampling of conflicts in this region and is recommended for use in more comprehensive studies in the future.
OBJECTIVES: The overarching objective, to conduct an in-depth analysis of key conflict drivers to feed into a series of transformation strategies, is supported by the following sub-objectives:
• To evaluate the results of the participatory analyses conducted by the partners in the different localités of Mbinga-Nord groupement; • To make a meaningful contribution to producing a clear mapping of the key conflict drivers; • To obtain and learn from additional analyses conducted by partners; • To articulate the complexity of conflict dynamic in this region to donor audiences; and • To provide rich research for future opportunities within and external to the SPR project.
METHODOLOGY Three primary forms of collecting data were used to conclude interconnecting and interdependent elements of the research. Triangulation of these data sets promoted clear understanding of the role and influence of certain actors, as well as the causes and consequences of conflict for each community. The three methods include: third party data collected by partners; data from literature reviews and reports from prior research in the targeted areas; and individual, key informant interviews with several inhabitants from three villages. These combined with workshops, discussion and analysis groups, form the methodology for this work.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 1 PRESENTATION OF THE RESEARCH AREA
PRESENTATION OF KALEHE TERRITORY Kalehe territory is situated in a mountainous area1, one of three distinct ecological areas comprising South Kivu province, to the north west and north east of the city of Bukavu. Lake Kivu runs along Kalehe territory for more than 86 km from north to south and opens out onto the Bukavu Basin. It is made up of two main chiefdoms, which are: Buhavu chiefdom (comprising the groupements of Buzi, Kalima, Kalonge, Mbinga-Nord, Mbinga Sud, Mubugu and Ziralo) and Buloho chiefdom (comprising the groupements of: Bagana, Bitale, Bulonge, Karali, Lubengera, Musenyi, Ndando and Munyanjiro). With a total surface area of 5,057 km² and situated along the shores of Lake Kivu, Kalehe is bordered: • to the North: by North Kivu province (the Strait of Katiruzi) and Masisi territory by the Chungiri River; • to the South: Kabare territory, by the Nyawarongo River; • to the East: Idjwi territory, by Lake Kivu; and • to the West: Shabunda territory.
Kalehe territory enjoys an alpine climate with an altitude ranging from 1,300 to 2,000 m. The climate alternates between two seasons: a rainy season lasting nine months (September to May) and a dry season lasting three months (June to August). Its terrain is mainly comprised of a chain of mountains in eastern DRC. The annual temperature varies between 18 and 22 degrees Celsius. This clay soil in this territory is very fertile with agriculture as its primary livelihood. Food crops are dominant in this territory by 75%. Livestock farming (small and large livestock) and crop farming have been practised in the high and mid plateaus since 1996. Kalehe's subsoil is abundant in cassiterite, coltan and tourmaline. The vegetation is dominated by the forest, including bamboo and shrubs that are unfortunately disappearing, mainly due to deforestation. According to CAID2, the main tribes in Kalehe, each of whom speak their own language, are:
• Bahavu tribe (40%): Live in the low plateaus and on the shores of Lake Kivu; • Batembo tribe (25%): Predominantly found in the town of Bunyakiri; • Bahunde people (10%): Live in Kalonge groupement; • Banyarwanda people (Hutu and Tutsi, 10%): Also called Rwandophones, live in the high plateaus; • Other tribes, including the Batwa (15%): A minority Pygmy tribe who can be found in outlying, fairly inaccessible areas.
Before 1996, livestock activity in the high plateaus was prosperous but it has unfortunately been largely affected by the insecurity of recurrent wars. Other livelihoods such as fishing are characterized by artisanal production on the small islands and coastal areas. Commercialization suffers from the fact that produce is easily perishable. Kalehe territory is part of the eight territories that make up South Kivu in the DRC with an estimated population of 65,000 according to 2015 state registry services3.
2 Information obtained from the Cellule d’Analyses des Indicateurs de Développement, CAID [Development Indicators Analysis Cell], p. 12. CAID is a local organisation that conducts studies and designs development projects in Kalehe territory.
2 Idem, Op. cit., p. 15. 3 Administrative information for Kalehe territory collected by the CAID
2 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV 0.3.2. PRESENTATION OF THE MBINGA-NORD GROUPEMENT
Mbinga-Nord is a groupement situated in the local authority chiefdom) of Buhavu in Kalehe territory, South Kivu. The Bukavu-Goma stretch of road passes through the groupement over a distance of 44 km, from the 92 km marker point to the south, extending as far as the marker point indicating 136 km to the north, in the part of the territory that runs alongside Lake Kivu. Mbinga-Nord groupement is situated on the west side of Lake Kivu and is bordered in the4: • North: by the Gokwe River, which separates it from the groupement of Buzi; • South: by the Ndindi River, which separates it from the twin groupement of Mbinga-Sud (Mbinga South); • East: by Lake Kivu; • West: by the groupements of Buzi and Ziralo.
The groupement's dominant terrain is mountainous, given its location in the Mitumba mountain range. The groupement can be broken down into three distinct ecological areas: • East: Lowest area is situated on the shores of Lake Kivu with an altitude of 1,700 m; and • Central: the highest part with an average altitude of 2,000 m. This is where the summits of Mpumbi, Kahanga, Buliambo, Sanzi and Nyabibwe are located.
Mbinga-Nord groupement has a climate consisting of two seasons: the dry season, which is short and lasts for three to four months (generally mid-May through to mid-September) and wet season for the remaining eight months. Mbinga-Nord groupement has a forest soil of volcanic origin. This soil is rich in humus, which is an organic material of high value for plants. As indicated by the UNDP5, trees are predominant in this area and are of paramount importance in construction (wood and planks), as well as wood for heating (as the only source of fuel). The tree flora mainly consists of eucalyptus, cypress, acacia and the grevillea genus (evergreen flowering plants). The groupement is bordered by Lake Kivu and is criss-crossed by several water courses. Lake Kivu is used for fishing, as well as a means of transport by the groupement’s inhabitants to other destinations in Kalehe territory and on to the neighbouring cities of Bukavu and Goma, and even neighbouring towns in Rwanda. The physical environment of this groupement6 is favourable to agropastoral activities. Mbinga-Nord presents a distinct cultural identity within an ethnic diversity: • Bahavu: Represent more than half of the population in eastern Mbinga-Nord, opening up to Lake Kivu. Main livelihoods are crop farming, fishing and small-scale livestock farming. • Bashi: Consist of same characteristics as the Bahavu and can be found in Bugarama, Chibimbi and Nyabibwe. • Banande: Predominantly from Beni and Lubero to work on plantations (crop farming and small-scale trade) and live along the Bukavu-Goma arterial road. • Bahutu and the Tutsi, also known as Rwandophones7: Population from Rwanda that occupies western part of the groupement where they practice crop and livestock farming. Before 1994, the Tutsi also practiced cattle raising. They returned to Rwanda due to the inter-ethnic war in Kivu. Young people joined the Armée Patriotique Rwandaise (Rwandan Patriotic Army), which fought against the regime of former Rwandan President, Juvénal Habyarimana. They then returned to North and South Kivu through different rebellions in
4 Research notes from Action pour la Paix et la Concorde (APC) 5 UNPD: United National Development Programme in the participatory diagnosis of conflicts in Kalehe territory. 7 Information taken from the Initiative Congolaise Justice et la Paix (ICJP) [Congolese Justice and Peace Initiative], Bukavu, South Kivu. 7 “Rwandophone” is a term that refers to Congolese citizens who speak Kinyarwanda as their main language.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 3 DRC (led by rebel groups such as the AFDL and RCD). The Hutus came to Rwanda with a culture similar to Bahavu and the Bashi and are also reliant on local agriculture. • Pygmies, Bahunde and Batembo: Dispersed throughout Mbinga-Nord groupement, these minority groups are led by differing cultural values.
Religious denominations that can be found in Mbinga-Nord mainly include: Catholics, Protestants, Seventh Day Adventists, Jehovah’s Witnesses, Evangelical churches, Brahmanists and Muslims. This concerns a groupement with an agropastoral vocation, located in the provinces of North Kivu and South Kivu and which cultivates banana and other fruits, as well as several types of vegetables, but which also engages in other activities such as small-scale trade, mining operations and fishing.
CHAPTER 1: LITERARY REVIEW
This literary review serves as a refresher of the present conflict management, prevention and resolution processes. A brief review of definitions and key concepts provided by SPR partners serves as a foundational resource for this study. Consequently, this review is far from being a critical study of the conflicts and rather serves as a means to enhance existing knowledge. The terms listed and narrative that follows represent the community-led conflict management structures in this part of Kalehe.
Conflict: This concept is defined by several researchers8 as being an opposition between two or more persons who clash in terms of ideas, opinions or goals, particularly in instances where there is vigorous opposition between these persons. Richard Sada9 affirms that this concept comes from the Latin conflictus, which means “clash, collision, attack”. By extension, he adds, this term is now applied to any opposition that arises between parties in dispute, one wanting to impose their position over the expectations or interests of the other party. Another researcher believes that it concerns a reaction between two or more parties who have, or believe they have, incompatible objectives.10 In this case, conflict is a social situation in which interdependent actors either pursue different goals, defend contradictory values, have divergent or opposing interests, or are simultaneously and competitively pursuing the same goal. For his part, Roger Edou Mvelle11 sees conflict as verbal disagreement, the triggering of a bloody war, which is a fact of men. Sociologist Simmel believes that while its causes divide people, conflict is a form of interaction that, by reestablishing the unity of what has been broken, establishes a connection and socialization. The idea of socialization is also supported by Touraine12who affirms conflict has been analyzed as contributing to social change, to the benefit of society.
Conflict resolution: According to the Wikipedia13 website, this is a concept associated with human relations and decision-making actions. In other words, this resolution is based on the choice of a
8 Students and organisations involved in conflict resolution have already defined this term in their research in Kalehe territory. 9 French psychotherapist and yoga master. 10 Ficher la Contempo : Proche et Moyen-Orient conflits – puissance – tensions 1839-1991 [Contemporary Recordkeeping: Conflicts in the Near and Middle East – Power – Tensions 1839-1991], p. 36. 11 Alain-Roger Edou Mvelle, Le pardon et la justice post conflits en Afrique [Forgiveness and Post-Conflict Justice in Africa]. Étude comparative des dynamiques des acteurs et des institutions du dedans et du dehors [A Comparative Study of the Dynamics of Internal and External Actors and Institutions] (South Africa, Rwanda), p. 21, Université de Yaoundé 2 - DEA [Diploma of Advanced Studies] 2008. 12 Alain Touraine. 1973, Production de la société [Societal Production], p. 93, Paris Seuil. 13 Wikipedia website, universal and multi-lingual encyclopaedia, p. 17.
4 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV solution to a conflict and on the implementation of it. This conflict involves several parties among whom, the main parties, or visible parties, are the persons directly involved in the conflict. The secondary parties, or invisible parties, are those who drive the parties into conflict and who often have vested interests in the conflict. Third parties are those who are more or less neutral, who are not directly involved in the conflict but who can play a role in helping the parties in conflict to reach a resolution.
Negotiation: A peaceful way of resolving a conflict, negotiation parties in conflict to engage in direct bilateral dialogue. As Wikipedia14 confirms, this process also aims to establish an understanding or an agreement between the stakeholders with different interests. For Pierre L. G. Goguelin15, the word “negotiation” first and foremost applies to the relationships between parties with different interests and who seek to establish a situation of understanding, of non-conflict, between themselves. We often negotiate without having learned to do so, in a way that is quite automatic and natural, whether or not cooperative. Negotiation should not take place without due warning and without any preparation. The negotiator first needs to properly define the problem and then define the negotiation framework. From this point, they must select the existing technique that seems most appropriate to the situation.
Mediation: Mediation is a process whereby parties discuss their issues in the presence of a lawyer or professional mediator. They willingly choose this person to manage the process and help define issues without evaluating them. Upon conclusion, parties freely opt for a solution that suits them both. Marc Thiebaud16 believes that mediation constitutes one of the forms of intervening in the conflict using specific criteria of an independent third party. Philip Milburn17 indicates that this technique is a social technology that promotes peaceful relations whereby the mediator respects the principles of impartiality and neutrality, enabling the dispute to be diffused, and allow for conciliation of different points of view. The location, as well as the framework and proceedings of the mediation process remain private. Mediation is therefore a possible method for managing conflict when the communication between the parties has broken down to the extent that negotiation is impossible. To be a constructive intervention, the mediator must ensure that each party feels respected and that their dignity is preserved.
Peace: Peace is more than the absence of war, the silence of guns and the end of contempt for the other. Peace is a dynamic process in which very different partners seek to develop and establish social justice together on the common grounds of human dignity, as explained by Nicole Werly18. Nathalie Janes19 adds that peace is worth more than an island of the many or the few. In the same vein, Mousli20 believes that peace is the most precious thing in the world.
14 Georg Simmel. 1995, Le conflit, Paris Circé, p.53 ; Pierre L.G. Goguelin, in Négociations [Negotiations] 2005/1 (no. 3).
15 Pierre L. G. Goguelin, in Négociations (a scientific journal, Paris) 2005/1 (no. 3). 16 Marc Thiebaud, Approches générales face à un conflit [General Approaches to Conflict], p. 58, Colombier 2013. 17 Médiation : expériences et compétences [Mediation: Experiences and Skills], Paris, Ed. La Découverte-Syros, Alternatives sociales [Social Alternatives] collection, 2002 p. 5 18 Nicole Werly (2002), Paix : l’insaisissable définition [Peace: The Elusive Definition ELA (Études de linguistique appliquée) [Applied Linguistic Studies], no. 128, p. 91. 19 Nathalie Janes, Une caricature d’Adolphe Thiers en 1871 [A Caricature of Adolphe Thiers in 1871], 2006, p. 65, Paris. 20 Marc Mousli, Éloge du conflit. Mary Parker Follett et le conflit constructif [In Praise of conflict. Mary Parker and the Constructive Conflict], in Négociations 2005/2 (no. 4), pp. 21 - 33.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 5 Tension: According to André Torre21, tension denotes an opposition without tangible engagement between the protagonists.
Conflict transformation: John Paul Lederach22notes that this process aims to establish new relationships and equitable social structures in conflict situations. Conflict transformation encompasses notions of scaling, advocacy, working towards human rights, as well as reconciliation and sustainable development. Transformation means change and highlights that this is a process and not a quick solution – a process in which poverty is reduced and new relationships are created, in which the truth comes out and is forgiven, institutions are established, dialogue on rules and values can take place, skills are created and there is a glimmer of hope. All of this enables the non-violent management of conflicts. Conflict transformation seeks to exclude the use of violence and makes it possible to enter into conflict without fear of violence. Transformation can mean de-escalation for preventing or stopping violence, as well as confrontation or intensification of the conflict to make the causes more visible and point the way to the future. It is a collaborative approach that requires systemic work in all milieu.
Conflict prevention: Conflict prevention can be understood as being a set of rapid action strategies, notably facilitation and mediation, as well as anticipating or mitigating crises and conflicts thanks to an early warning. It is a set of dialogue and consultation activities that are also conducted with international partners and those on the ground. For S. Mampuya M. M., preventing conflicts consists of training people in approaches that are sensitive to different ways of life. These approaches have the main aim of equipping participants with a common cultural framework to anticipate conflicts.
Conflict typology: According to Galtung23, the root cause of conflict can be found in the contradiction between two or more persons with different objectives. Therefore, conflict can be represented by a triangle, the different angles of which would equate to contradiction, attitude and behaviour. Each of these concepts corresponds to direct, structural and cultural violence, respectively. To better understand this, Galtung24 provides this example: when members of a minority group or women are killed, this concerns direct violence. When they die because of poverty, this is structural violence, and when these deaths are justified by tradition or a range of other explanations, we are then faced with cultural violence. Therefore, in the Galtung model, the absence of direct violence corresponds to negative peace.
Violence: In its broadest sense, violence encompasses acts and words, as well as structures and systems that cause physical, psychological, social or environmental damage and which prevent people from achieving their full potential25. Not only does it apply to open violence between parties in conflict but also the hidden violence of oppressive structures that often lead to suffering and destruction. Therefore, overcoming violence and building peace means changing these negative structures that manifest, for example, in discrimination, the deprivation of rights and freedoms or by preventing opportunities from materialising.
21 André Torre, Méthodologie d’évaluation et d’analyse des conflits, Paris, 2015 p. 38 in Conflits d’usage dans les espaces ruraux et périurbains. 22 John Paul Lederach, Transformation des conflits, Colorado University, 1984. 23 Johan Galtung, Transcendance et transformation des conflits, p. 66, Oslo, 2010. 24 Johan Galtung, idem, op. cit. p. 77. 25 Johan Galtung, Transcendance et transformation des conflits, p. 22, Oslo, 2010.
6 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV A REVIEW OF PREVIOUS WORK Certain non-governmental organisations (both local and foreign) have conducted research and conflict analyses in Mbinga-Nord groupement and in neighbouring areas in Kalehe territory. This concerns International Alert in particular, which has demonstrated that land and power conflicts persist in this area. For their part, the organisations AFEDEM and RIO26 are mapping the different conflicts taking place in Kalehe territory. The following conflicts were raised:
• Conflict between indigenous communities and the Rwandophones; • Economic conflict between crop farmers and livestock farmers due to the devastation of harvests by cattle. Although the context is well illustrated, the logical connection between the context and positive/negative aspects causing conflict, remain complex. Another study conducted in Kalehe territory is the Analyse de contexte du territoire de Kalehe (Context analysis of Kalehe territory) by Action pour la Paix et la Concorde (APC)27, addresses relationships to pending or incoming community demands, independence claims from the Rwandophone populations in the high plateaus of Kalehe, as well as the “cohabitation” dynamics between the armed forces, administrative authorities and local populations.
COPARE28 believes that five major conflicts have threatened and continue to threaten peace in several territories in South Kivu. These are political, land-related, socioeconomic, identity-related and power- related in nature. It proposes regular community-led forums to transform the after-effects of these conflicts inherited from armed groups and Congolese rebellions. Justin Nfundiko29 presents the positive image of women involved in conflicts taking place in South Kivu. He notes, women in armed groups played an important role in lobbying actions and participatory engagement, enabling them access to the political arena. An Ansons30 evokes the monopolization of land by the elite to the detriment of the rural poor in Kalehe and raises the issue of access to the subsoil. In order words, mineral deposits and land that is ripe for farming, which is a recurring source of tensions due to economic and land interests.
CHAPTER 2: RESULTS OF THE PARTICIPATORY CONFLICT ANALYSIS IN MBINGA-NORD
CONTEXT ANALYSIS: Security: FARDC military officers are present in the 5 villages, as well as the PNC (Congolese National Police). They intervene when the need for protection becomes apparent, according to testimonials from local inhabitants. There are also officers from the Congolese navy, who are commonly referred to as marins (meaning sailors) and whose operations are conducted on the shores of Lake Kivu. Security
26 AFEDM et al., Cartographie globale des conflits dans le territoire de Kalehe, 2007. 27 APC, Analyse de contexte du territoire de Kalehe, 2010. 28 COPARE: Conseil pour la Paix et la Réconciliation [Peace and Reconciliation Council], a local organisation based in South Kivu, which has worked on conflict for a number of years, p. 12. 29 Justin Sheria Nfundiko, Femmes du Sud-Kivu, victimes et actrices en situation des conflits et post conflit, HERODOTE, 2015/3, no. 158, p. 7. 30 An Ansons, L’accaparement des terres par des élites en territoire de Kalehe, Louvain-la-Neuve / Antwerp / Bukavu, April 2012, p. 43.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 7 services such as the ANR (Congolese National Information Agency) and the DGM (Directorate General of Migration) also make their presence known in these areas. The presence of this arsenal of security services should be synonymous with relative calm in these areas. However, CLPD (Local Peace and Development Committees), as well as other civil society organisations are complaining of the unprecedented abuses that these so-called security forces are committing against the population on a daily basis. In particular, civilian housing has been turned into prison cells by the PNC. People are detained, arbitrarily arrested and subjected to torture so that they pay huge ransoms. Due to a lack of suitable accommodation, police officers are forcing local civilians to put detainees up in their houses for several nights, with all the risks that this entails. The army is also accused of arbitrary arrests, harassment of the local population and the collection of taxes that go to the local administrative authorities. When a person is arrested, they must pay the Makolo ya soda31, which simply means “pay for the feet of the soldier who is coming to arrest you”. Police officers are also accused of erecting illegal checkpoints in several places in these villages, as well as letting bandits go without due process because the latter have bribed the military chiefs. Furthermore, the military chiefs usurp the functions of the local authority by getting involved in civil cases. They do this by making arrests for, in particular, the petty theft of goats. Security services such as the ANR and the DGM are also accused of interfering in the settlement of civil disputes, when this is the remit of the local chiefs. These examples demonstrate the gross incompetence of the local authority, but probably also its complicity. The navy is not to be outdone on this matter. It harasses the fishermen and those travelling by boat on Lake Kivu, demanding they hand over money for each embarkation.
Local Administration: The public administration is operational through the administrative leadership. Village chiefs and their deputies are present in the five villages. However, some of them are incompetent32. They rarely get involved in walkabout missions to probe further into issues encountered by their locals; a complaint that was raised by those who participated in the participatory conflict analyses. The office of the head of Mbinga-Nord groupement is “mobile” and rarely seen by the people who wish to meet with him. Certain village chiefs are accused of arbitrary arrests and of overstepping their remit when judging criminal cases.
Civil Society: The Mbinga-Nord groupement is bursting with a significant number of ethnicities, including the Bahavu, Bahutu, Tutsi, Batembo and Batwa. Together they carry out community works33 known as Salongo34. Furthermore, women are excluded from inheritance and certain young girls turn to prostitution in order to survive. The exorbitant dowries remain an obstacle to marriage. The visible reticence against inter-ethnic marriages, in particular between the Batwa and Tutsi, is also a reality in certain areas in Mbinga-Nord. A critical lack of water has also been indicated in certain areas of this groupement, even though a water conveyance project has been implemented.
31 Makolo ya soda is one of the strategies used by the military or the police sent to arrest civilians, in order to extort them. 32 Information provided by the participants in the participatory conflict analyses in Mbinga-Nord. 33 Community works carried out over the course of several hours by members of the community from the same village, the objective of which is that by engaging in work together, these people create social cohesion. 34 “Salongo” means community works carried out once a week for two hours, notably on a Saturday morning, and takes place in several villages and other areas.
8 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV Education: There are secondary and primary schools in the villages, as well as teachers. However, some pupils prefer to work in the mining sites because their parents are not able to pay the school fees. Some schools are still not integrated into the state services payroll system and the teachers leave.
Healthcare: Healthcare centers exist, however, the payment of the treatment administered remains extremely expensive and, consequently becomes a source of tension. Furthermore, access to certain medications are rare and further disgruntles local populations. Transportation to transfer the sick to the large hospitals for appropriate treatment is a complex matter with many unknowns. Taken as a whole, all these aspects often create frictions between the members of a community.
Markets: Small markets exist, but the existence of informal taxes which the small-scale sellers of this region have to pay, is a sensitive topic. A female respondent noted, “The agents from the trade services make us pay taxes for Ntendo market when we do not sell at this market. They have built this market without involving us. When they finished the works, they asked us to go and sell at this market. But, for example, I only sell a few boxes of matches and soap. My capital is only $30.”
Economics: The economy in Mbinga-Nord groupement is based on mineral mining, crop farming and livestock farming. The mining sector is essentially based on the production of cassiterite, which attracts vast numbers of men and women to mining careers. This situation is not without conflict. The landowners and mining operators are often at loggerheads.
The population cultivates cassava, beans, corn, potato and peas for family consumption and sale in the neighbouring urban areas and cities, such as Bukavu and Goma. They also grow industrial plants such as cinchona and coffee. The coffee sector experiences problems, particularly when the cooperative managers enter into a pact to considerably reduce the purchase price, for their own benefit.
Furthermore, this population raises small livestock in the low-lying areas and cattle in the high plateaus. Unfortunately, this livestock farming has an impact on the routes for transporting agricultural products to large towns and urban areas in groupements in Kalehe and beyond. Boundary encroachments by certain large- and small-scale landowners represents another pressure on the population.
CONFLICTS IN MBINGA-NORD GROUPEMENT: Mbinga-Nord is one of the areas in Kalehe territory that has experienced multiple and multiform conflicts over the course of several decades. Economists Thierry Kirat and André Torre35 identify the following broad conflict typologies: factual conflicts, conflicts of interest, structural conflicts and value conflicts. Following the documentation and analysis process, the International Alert partners and members of the Local Peace and Development Committees, community leaders, local politico- administrative authorities and civil society actors from five localités in Mbinga-Nord groupement prioritized six (out of 47) groupings of conflicts.
• Land conflict between livestock farmers and crop farmers; • Dispute between large-scale landowners and small-scale landowners;
35 Thiery Kirat and Andre Torre mention several points of reference for evaluating conflict analysis based on economic theories, with a particular emphasis on the spatial issue in Géographie, économie, société [Geography, Economy, Society] 2007/2 (Vol. 9), p. 215-240.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 9 • Conflict concerning drinking water conveyance between the inhabitants of the Bubale 1 localité and the NGO “ETN”; • Conflict between coffee growers and the cooperative managers; • Conflict between the population and the state services; and • Conflict between the mine operators and mining concessionaries.
[BREAKDOWN OF THESE 47 CONFLICTS INTO 7 CONFLICT TYPES]
[Clockwise: Mining Conflict (2%), Land Conflict (34%), Power Conflicts (11%), Social Conflicts (17%), Economic Conflicts (8%), Governance Conflicts (26%), Environmental Conflicts (2%)
10 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV
II.2.1 The actors, causes and consequences of conflicts in Mbinga-Nord
The six conflicts identified are classified according to four types of large-scale conflicts within the communities as is shown in the table below with indications of key actors, causes and consequences.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 11 Type Specific conflicts Key actors Causes Consequences Accidental and malicious and Interminable disputes, the Conflict between the crop Shepherds, crop farmers, destruction of food crops displacement of family farmers and the livestock livestock farmers and local (Konesha36-Guturira37), members due to reprisals, farmers chiefs hatred and jealousy kabanga38 and imprisonment Land applicants forced to undertake chores The conflict between the (Salongo39), sexual Owners, growers, managers, Vengeance, hatred and buyers of plantations and the exploitation of women to Land local chiefs and Baganda contempt general population gain access to land or to avoid these chores, and the theft of food crops Extending mine shafts Artisanal miners, the owners The conflict between the towards those belonging to Interminable disputes, of mining concessions and mining operators and the another mining concession, imprisonment, theft and the managers of the mining mining cooperatives the non-respect of contracts score-settling cooperatives and theft of minerals Lack of fair distribution of coffee profits causing unmet Very low and non-negotiable family needs, children not The conflict between the price of coffee, daily fee Coffee growers, cooperative attending school, unwanted Economic coffee growers and the imposed and total absence of managers and local chiefs pregnancies of workers in agricultural cooperatives a union to advocate on behalf the coffee drying facilities of the coffee growers (consequence of women trying to increase their
36 This term refers to cases in which cows are introduced into a farmer's field and they destroy the crops when the shepherd doesn’t pay attention. 37 This term simply means that the shepherd purposely introduces his herd into another’s field when he knows that the owner is not around. 38 This term denotes a rope with which a person is strangled to death. The strangler then sells the rope. According to information with no scientific basis, the rope brings good luck and riches to the purchaser. 39 This concerns community works that are undertaken by the farmers for three days in the fields of a plantation manager. These farmers are growers who have received permission to work. This term is pejorative, Salongo means community work once a week for the development of an area and for a maximum of two hours.
12 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV Type Specific conflicts Key actors Causes Consequences income; resulted in 48 births40 in 2019 Interminable tensions between the actors, a lack of The conflict between the The usurpation of power and Local chiefs, PNC officers, confidence as regards the Governance general population and the inefficacy of the authority DGM and ANR agents decisions taken by the local state services concerned authority, frustration on the part of these authorities A lack of confidence, open Non-completion of the insults between the water conveyance works, population and project team, The beneficiary population, lack of respect of The conflict between the disputes between local ETN staff, local chiefs, commitments undertaken by population and the NPO population and chiefs, serious Social officials at the water ETN, lack of communication “ETN” related to the misunderstandings between management body and the around the challenges of conveyance of drinking water the village population where health zone office implementing the project, works have ceased and other and the effective exclusion of inhabitants due to lack of village chiefs water distribution
The consequences that these conflicts generate are numerous and have an impact on the lives of the local population living in Mbinga-Nord groupement. In Mbinga-Nord, where the head of the groupement only has the power to attempt to reconcile parties in conflict, without arresting those responsible, economic power depends on lineage. The rich can easily offer bribes with cows and agricultural products. Therefore, any attempt to pursue these matters at the judiciary and community level is stifled.
40 Information provided by the managers of the coffee drying facilities in Bubale 2 when we went to gather additional information
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 13 COMPLEX CONFLICT DYNAMICS Three conflict dynamics were observed in Mbinga-Nord41: Land, Social Order and Social Conflict.
LAND CONFLICT Hutus and Tutsis came from Rwanda in the 1930s. They were fleeing massacres in Rwanda. They then settled in Kalehe territory, in particular in the high and mid plateaus in Mbinga-Nord groupement. They are traditionally crop farmers and livestock farmers, and they acquired land from the Mwami (traditional leader) and chiefs in the groupement by paying Kalinzi42 before developing it. In return they have to offer annual Mukoro43 to the Mwami by way of thanks. Others paid Bugwarhe44 to the Bashamuka45 and other large-scale landowners. However, this system is only supposed to last around a decade, otherwise the field definitively becomes the property of the tenant. Some years later, towards 1992, Rwandophones from the neighbouring territory of Masisi46, fleeing the agonies of the inter-ethnic conflict47, also came and settled in Kalehe territory. Through the same procedure, they also obtained land and set about developing it through different food crops, in order to rebuild their livelihoods. Bugwarhe has become a real source of land-related conflict when, for example, the land donor states that he no longer has space to accommodate his family, which has grown. He then incites his children to chase away the tenant farmer on the pretext that he hasn’t paid the Mwami’s Kalinzi. If the latter then demands that the Kalinzi is paid, the accusing party feels they are losing out. This is when they step up their tactics to reclaim this land. As a result of conflicts of this nature, the children of these families end up killing one another and the weakest is put in prison if he doesn’t manage to escape.
LAND TO IDENTITY: HUMAN SECURITY IN MBINGA-NORD Land management and human security are rooted in several stereotypes across the various identity groups, including strong feelings of jealousy and even hatred throughout the Kalehe territory. Phrases such as “Foreigners are getting rich off our land; they’ll chase us off it next”48 are easily and publicly expressed. However, this “foreign” inhabitant will never forget the cohabitation of yesteryear. “At that time, if a Muhutu child hurt a Muhavu child, the victim identified them to their parents by their first name. But now, when the same situation occurs, the child responsible is identified by the name of their tribe.” This concerns a language of hate that inflames others and pushes them to position themselves strategically. However, certain Rwandophones, essentially Tutsi, who feel they are more targeted, went back to Rwanda before coming back to the DRC some months or years later. On their
41 This word is a substantive in the Kihavu language which means “This is my place. I am firmly established here”. This name came into being during the colonisation era, when White men asked the Muhavu what the region was called and they responded “Hano Mbinga yani” (It's my place here)”. 42 This usually concerns a goat that the land applicant must pay to enter into definitive possession of a plot of land. The goat was given to the Mwami or the chief of the groupement, who took it to the Mwami. The buyer, who did not receive any deed of purchase, was nevertheless registered in a document to prove the donation. 43 This concerns a gift that the land purchaser must pay annually to the Mwami who offered him land, and this gift serves as proof of the fertility of the land received. The Mwami currently requires US $75 in respect of this type of gift. 44 This could be a goat, a cow or another object of value that a land applicant gives to the landowner for temporary use of the land. At this point, no written testimony is recorded. 45 This concerns a Havu and Shi name that means a person who is vested with constructive wisdom. 46 This is a territory in North Kivu that borders Kalehe territory in South Kivu, where some of the Rwandophone people came from. 47 Information provided by the participants in the conflict analysis and other notable persons from the communities. 48 Statements taken during our field trip to gather additional information for this study.
14 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV return, they reclaimed assets, mainly fields, from people they had entrusted with their management. Such attempts are often met with resistance causing a rise in tensions between the Tutsi returnees and local ethnic groups. Such behavior causes retreat of both groups, thus waning the mutual respect once had. Involvement from the military and security forces further increases negative perceptions and tensions. Groups with sons or family members who are high up in the army or PNC use them for their protection, claims and security. Those without such contacts look on powerlessly. Land that has been sold is reclaimed, while some plots are arbitrarily annexed. False fines are imposed and paid. In this very specific context, the question of nationality refers to ethnic and tribal roots. In Kalehe territory, the main groups that have often been gripped by the identity dynamic are, in particular, the Bahavu, Bahutu, Batembo and Batutsi. The Bahavu and Batembo deem themselves to be indigenous, while the two other groups are of Rwandan origin. The latter are suspected of planning to create a chiefdom in their name, managed by the Barundi in Ruzizi plane. “The Banyarwanda did not come here so long ago. But now they have more land than us, and next they will want to establish a groupement or other administrative entity”49, believes Mr. Chikuru Mudose from Mukwidja village. This situation is at the root of frustrations within the local populations, frustrations that often revolve around the presence of these ethnic groups. Furthermore, the law on Zairean nationality was reviewed in 1981 and a decision was taken to withdraw it from these ethnic groups. They resisted, and maintained they were Zaireans first and foremost. A few years later, the same law would be reviewed, stipulating that anyone whose parents were born in the Congo before the 1960s was a Congolese citizen. According to these local populations, their rivals took advantage of this identity aspect to assimilate into the Rwandan génocidaires and into rebel Rwandans from the rebel army. However, we pinpointed above the aspect concerning the appointment of self-protection groups such as the Forces Démocratiques de Libération du Rwanda (FDLR) [Democratic Forces for the Liberation of Rwanda]. It was in the interest of self-protection that the movement of the Patriotes Résistants Congolais (PARECO) [Resisting Congolese Patriots] was created in 2007. Another militia group close to the Batembo community, Kirikicho, was created to defend the interests of this community. However, with such high tensions, there is a perceived risk that this appointment will be used in an effort to save land not yet claimed by the more dominant groups. For example, this could lead to the creation of boundaries (resulting in impossible access to fields and plots, thus creating ungovernable spaces), physical conditions that would make the exercise of state authority difficult or complicated within the sphere of land conflicts. This is viewed as a strategy to maneuver resources, as well as an autonomous sphere where they could maintain control over their own livelihoods (i.e., land).
LAND TO SOCIAL ABUSES Land issues cause serious problems between the owners of plots and landless farmers who live off tenant farming contracts that are often not respected and/or which become the basis for social abuses such as sexual slavery and domestic abuse. Mediation organizations are often invited to assist in these situations, however, managers of these NGOs are seen to take control be elusive. The plantation owners are, for the most part, invisible officers from the army, police and politics, as well as businessmen who never facilitate mediation initiatives.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 15 SOCIAL ORDER
The second conflict dynamic observed in Mbinga-Nord the lack of social order. The economy in Mbinga- Nord groupement mainly relies on mining and agricultural activities, as well as other financial transactions related to the payment of taxes and duties. These conflicts have been recorded as solely economic disputes. Relations in the mining sector have become strained between mining cooperatives, primarily due to lack of respect and adherence to agreements. In addition, conflict between the tenants and owners of mining concessions occurs when concession boundaries are encroached upon. In this case, the mining operators state that the mineral line or seam extends beyond their property and that they are pursuing its exploitation. Some owners break the contract in favour of new mining operators. Another scenario causing disputes is when a mining plot under lease has a greater quantity of mineral deposits than expected. Consumed by jealousy, the owner then increases the amount of the contract and penalizes the first client. Furthermore, artisan miners are often connected to the small-scale merchants in Mbinga-Nord, especially those of Kabulu 2 and Nyabibwe where minerals are sent prior to being transported to larger cities. Therefore, the service economy is unjustly taxing their products. In the case of non-payment, the police become involved and make arrests. Other artisan miners and landowners sometimes become involved in the conflict.
The trips made by certain Congolese citizens from Mbinga-Nord outside the country are perceived as a means of conducting discrete business transactions involving the exploitation of this land. Numerous participants in the conflict analysis workshops revealed that certain Tutsis from Mbinga-Nord consistently go back and forth from Rwanda and within the territories assigned to them in DRC. Participants noted that these Tutsi movements are a sign their ties remain with their country of origin, Rwanda. They are suspicious of alliances around land in Mbinga-Nord and other areas of Kalehe territory. This would concern a network land buyers setting up shop in areas of ripe farming and rich mineral deposits, as well as land on the shores of Lake Kivu; an area conducive to future tourism industry. This network could exploit this land by using the movements of such Congolese citizens.
SOCIAL CONFLICT
The third conflict dynamic refers to critical shortages of water in several villages. This shortage has led to a conflict: between farmers and NGOs, between the farmers themselves, and between farmers and local chiefs. Initiatives for the construction of water fountains have started but are incomplete. Furthermore, certain categories of children, including Pygmy children, are not able to attend school due to required school fees by those running the schools. Young girls from non-Pygmy populations also suffer from a lack of access to education. These children end up by carrying out perilous work in the mining plots50 and in the coffee drying facilities. The girls are often the victims of unwanted pregnancies and the children who are the result of such pregnancies grow up without parents.
EXISTING CONFLICT TRANSFORMATION MECHANISMS The term “mechanism” refers to logical practices, conduct and behaviors to reach a set objective51. Experts consider negotiation, mediation, conciliation, etc. as being part of the practices aimed at
50 These are areas clearly defined by the mineral miners of a mining concession in order to be able to estimate the quantity of minerals that could be exploited in another similar part of the same concession. They often concern a plot of land measuring around 50 m². 51 Paul Lederach, Transformer le conflit, p. 61.
16 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV preventing, managing and resolving conflicts. In Mbinga-Nord groupement, a traditional chain of conflict management and transformation is presented as follows:
• Conflict mediation in Bumvikane: Volunteers from families in dispute get together to reconcile the two parties. • If this process fails at the Bumvikane level, the Mutambo takes over the mediation process with the Bashamuka52. Each party in the conflict is ordered to pay a crate of beer before being heard. The losing party reimburses the cost of the crate of beer to the winning party, and receives advice about living peacefully with the person they regard as their enemy. • When the Mutambo does not manage to reconcile the parties, he sends them to the Shauri, which is a council of the groupement, made up of a presiding judge, other judges and a secretary. They are set up by the same head of the groupement.
LOCAL PEACE AND CONFLICT TRANSFORMATION CAPACITY The CLPD (Local Peace and Development Committees) are the main community-led conflict mediation structures in Mbinga-Nord. They receive significant support from the SPR project. They are each made up of 5 members who decide on complaints received from the inhabitants. Their work is also to raise awareness among the communities about conflict prevention, management and resolution. They sometimes manage to reconcile the parties in conflict. Since 2017 in Myanzi, Bashamuka, in collaboration with the CDM, local churches and CLPD, have conducted community meetings and dialogues in several sub-villages of Myanzi to reconcile the livestock farmers and crop farmers, particularly around the malicious or accidental destruction of crops by cows and the theft of crops by shepherds in the fields.
Although these meetings are not definitive solutions, they have led to laudable results, such as admissions, forgiveness and even reimbursement for the seeds destroyed by a livestock farmer's cattle, for example.
The honorary President of Myanzi, Mr. Innocent Gakuta Kayonde, states: “I have been President of the livestock farmers in the localité of Myanzi for more than 8 years. My cattle went to graze in a cornfield belonging to a neighbouring crop farmer. When I was informed, I started an inquiry myself, facilitated by the President of the CLPD. My shepherd admitted responsibility. The owner of the field requested that I pay 3 sacks of husked corn weighing 50 kg each. I didn't hesitate for a moment because, effectively, the victim should be compensated. I feel happy with the solution, with no ill feeling towards my brother or my shepherd. It is often due to the inattention of the shepherd that the cattle destroy crops in the fields.”
A mutual pardon is added to this compensation, as Mr. Masumbe Karara from Myanzi attests: “Last month, 3 shepherds came and stole corn from my field. My guard gave chase and one of them dropped his jacket, full of corn, but got away. The next day, an inquiry was conducted and the thief admitted his wrongdoing. When he asked for forgiveness, I forgave him without considering the number of times that my field has fallen victim to thefts.” The story may seem trivial, but in other situations, such cases have already resulted in mob justice. These examples of success carry great
52 “Bashamuka” is a term from Kihavu and Mashi that means wise persons who are often consulted for advice and to decide over interminable debates. They often get together with the traditional chiefs to settle disputes.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 17 importance, even though the conflict between livestock farmers and crop farmers remains a thorny issue.
In Bubale 2, several people are making their voices heard, notably local civil society, to demand that the coffee cooperatives settle the debts that they have with several growers and workers. It is through an open letter that the tone has been set, however, this has had no impact because the local authorities are not involved in the resolution. In order to circumvent this, the same civil society then proposed holding a community-led debate to bring about a series of advocacy actions. This idea is still under consideration because each time that the growers have a meeting set, only around a tenth of the expected attendees show up.
In the neighbouring localité of Bubale 1, the conflict is between the population of 4 sub-villages (Luhu, Buchiro, Mpumbi and Butale) and the local NGO “ETN”, due to the incomplete water conveyance project. Following the failure to construct drinking fountains, which were supposed to serve all of these areas, the Bubale 1 village chief organised a meeting during which ETN acknowledged not having implemented this project, as desired. As a consequence, the organisation agreed to resume the work. After six months, the CPLD from Bubale 1 went to contact ETN for further specifications. ETN made the same promise, to date.
In the localité of Kabulu 1, efforts were made to resolve conflicts in spite of the adverse consequences that persist. The most striking case is that of Mr. Lwaboshi, a plantation owner, and Ndenga Mosonera, who worked for the former. On the death of the worker, the owner refused to compensate the family. The children decided to file a complaint with the Kavumu Public Prosecutor’s office in South Kivu, and they won the case, however, the judgement has not been implemented since 1997. Mediation initiatives have been undertaken, notably by the CLPD and the CDM, but Mr. Lwaboshi has not responded to any invitation. As a consequence, mediation was not able to reconcile the parties. In 2006, the community leaders sent a memorandum to the National Ministry with a remit for land registry services, denouncing the abuses committed against the population by the manager of Kazo de Lwabashi plantation. To date, no developments have been recorded by the claimants53.
Too few reconciliation initiatives have taken place in the localité of Kabulu 1 as a result of discouragement due to the negative behaviours and attitudes of certain persons who are referred to locally as “untouchable”. This discouragement denotes the lack of an approach for remedying situations of conflict.
In Kabulu 2, regular meetings are held on conflict management but with no tangible results, as members of the community acknowledge. Those managing the CLPD and CDM and even civil society attempt to conduct advocacy actions with government services accused of fiscal extortion. However, such actions have been unsuccessful to date “We even met once a month, but how many people come to the meeting? And then those who do attend only say that they are discouraged because we have been discussing our conflicts for so long with no solution”, says Mr. Saleh Buraba of the Bubale 2 CDM.
53 Information received by facilitators from the Myanzi Local Development Committee.
18 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV The acute conflict in the centre of Nyabibwe, the main town in Kabulu 2, concerns that between the traders and the state services following the over-taxation and non-respect of the content of the nomenclature list. At the start of this year, the head of Mbinga-Nord groupement arranged a meeting between the traders and services concerned, as well as civil society on the issue of tax. The tax officers promised to adhere to the content of the nomenclature, however, just a few days later, things took a step backwards when the tax officers acted deviously before the head of the groupement, using flattery to get around the situation. This happened in a context in which they are operating amongst a population that is mainly illiterate and which is therefore not able to understand much.
Kabulu 2 is the most populated localité in Mbinga-Nord with a population estimated at around 30,000 inhabitants. It is the main hub in terms of business. The miners go there to obtain supplies. All the minerals mined in the surrounding mountains are transported to this localité. With a large cattle market, it has become the de facto headquarters of law enforcement (the PNC, FARDC, ANR, DGM and the navy), as well as tax officials (the IPEMEA, SEASCAM, DGI, DAGRI, DGRAD and DEPMER). Efforts to mediate between the troublesome elements and the victims are regularly undertaken. Some people are successful on occasion.
One victim of crop destruction in her field, Mme Charlotte Nyirasafari, deemed the role of the Myanzi CLPD to be very significant: “Not long ago, our vegetables, including cabbages, carrots, aubergines and peas were destroyed by cattle belonging to Sekimondo. He refused to admit that his cattle had entered our fields. We referred our complaint to the CPLD, which conducted an impartial inquiry. Ultimately, the livestock farmer acknowledged the fact that he was obliged to compensate us for the products in money.” Locally, churches, including the Catholic Church, have a Justice and Peace Commission that addresses issues such as conflict mediation and ensuring human rights actors are brought up to standard. Alongside this asset, local NGOs are working towards development and tribal solidarity. By way of an example, we can cite:
• Tuzamurane: “Lifting one another up”, which works on issues affecting the Hutu and Tutsi communities. • Umoja ni Nguvu: “Unity is the power that binds us all”, membership of which is not compulsory. • Kazi ni Kazi: “All work is valuable”, the objective of which is to provide guidance to all the members of different communities, essentially young people, around trades and other joint income-generating activities. • Wambuti Tupendane: “Pygmies Together”. The objective is to unite the Pygmy peoples around an objective for their development. • Amajambere ya ba byeyi: “Development for parents”. • Buuma bwa Batembo: “Batembo Unity”. These people, like many others in Mbinga-Nord, believe that the best way of peacebuilding and development is to pull together as one family. • Chubaka: “The Bashi family”. This community indirectly calls on its members to empower themselves for their own development. • Muhavu: “The Bahavu family”. As with the Bashi and other communities in Mbinga, this tribe, due to its structure, would like to empower itself for its own development initiatives.
These tribal associations manage complaints from parties in conflict, notably by providing advice. When mediation becomes impossible, this is when the case is referred to noyaux de paix (peace committees), such as the CLPD.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 19 In Kabulu 1, we note the presence of the CDM, UDF and the CLPD. There are also structures such as the sub-village BARZA, local youth committees, as well as churches with expertise in the area of conflict. These associations have been accompanied by the SPR project partner, the ICJP in the area of conflict management, as well as the Centre Olame54 [Olame Centre] and the ISDR55 [Higher Institute of Rural Development] in Bukavu.
Staff from the Mbinga CLPD completing a training session in conflict resolution management
WOMEN AND OTHER MARGINALISED GROUPS IN MBINGA-NORD GROUPEMENT Mbinga-Nord groupement has not escaped Congolese traditions, as well as those embedded in the culture of the Great African Lakes sub-region. Several areas of life remain the exclusive domain of men, and women have no choice but to endure the situation. In this region, the power of custom remains dominant where women do not have the same inheritance rights as their brothers, causing a breakdown in social cohesion within families. For example, in the sub-village of Kanyanja de Myanzi, when Mr. Hitimana, died, being polygamous, his sons shared all the main assets, including land and cattle. His daughters came to claim their inheritance from their brothers ten years later without success; a case ongoing for five years. Their brothers refuse to give way, believing women simply have no right, particularly since they are married.
In Mbinga-Nord, as in other groupements in Kalehe territory, women cannot be members of the groupement council and other administrative entities. If they are invited to participate in the organization’s meetings, it is merely in a figurative sense. The category comprising other marginalized groups is made up of teenage mothers, Pygmies, Pygmy women, widows and displaced or even disabled persons. Their presence still needs to be encouraged during conflict management meetings.
Although women are excluded from these traditional circles, they have still managed to join local development associations or create their own and are found as members, no advisors, in Local Peace and Development Committees. Their participation is noticeable and active. They have denounced bad
54 The Centre Olame is a development organisation run by the Catholic Church and based in Bukavu. “Olame” comes from the Mashi language and means “So that you may live”. 55 It is an institution specialised in furthering rural development techniques in rural areas in South Kivu, DRC.
20 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV practices of shepherds in the destruction of food crops. Mbinga-Nord groupement has five CLPD in which women are active. They are also present in noyaux and other peace committees that received financing from the International Alert, Care International and FAO consortium through the Pamoja kwa Amani and Tufaidike Wote projects. However, the finding is that their level of education and training is lower than their male counterparts. For many parents, women’s education is not important in their household. This situation directly impact the lives of young girls – they marry early, with all the consequences this implies. The mediation support structures should run education and literacy campaigns for girls, for the benefit of those who are already mothers, so that they can acquire a level of education that will enable them to participate in the peacebuilding efforts in their respective milieux.
Including women in peace initiatives also requires investment in building their capacities and awareness of male-female inequalities, asserts UN WOMEN56. If such initiatives do not take place, women risk being engulfed by traditions57 that still corrupt communities in respect of gender. Participation of widows and elderly women should also be encouraged in conflict analysis workshops. The cultural library that elders bring can be a key asset. Pygmies also suffer marginalization. They are often represented by their President in all of the conflict transformation support structures in Mbinga-Nord groupement. “We only have one representative, for example, throughout all of the CLPD in Mbinga: President Mbambuti. How can he, alone, attend all the CLPD meetings when we live in the south, the north and throughout the entire groupement? If we are lucky, our President can be accompanied by a woman or another man but this person doesn’t have the right to speak”, complained Bunyimu Shoka, a Pygmy from Bubale 2. Many Pygmy children don’t go to school because their parents are not in a position to cover school fees. When they go, they are often sent home. Others don’t have access to healthcare, due to a lack of money, particularly in the localité of Kabulu 1.
The Pygmies are a social category that can contribute to calming tensions and conflict transformation in Mbinga-Nord. In February 201958, a group of young people seriously harmed a Hutu shepherd on the pretext that his cows destroyed their plants. The shepherd was transferred from Nyabibwe Hospital to Heal Africa Hospital in Goma, where, unfortunately, he died. The shepherd’s family, gripped by anger, threatened to burn down the Pygmy’s village. Before this could happen, the President of the Pygmies, accompanied by several members of their group, met with staff at the CLPD to request a reconciliation framework. The victim’s family accepted the proposal and pardoned the young people. The Pygmies agreed to pay part of the medical and funeral costs.
Table: Participation of women and other marginalised groups (OMG) in the conflict dynamic in Mbinga-Nord
Activities Men Women OMG Total
56 In its article L’importance de considérer les femmes dans les processus de paix sous un angle d’égalité citoyenne [The Importance of Involving Women in the Peace Process through the Lens of Citizen Quality], p. 7, report from 2016 conference in Abidjan, UN WOMEN aims to demonstrate that women also have the capacity to implement conflict resolution initiatives and that, from a professional perspective, their chances are equal that of men. 57 Idem, op. cit. p. 7-8. 58Testimonials gathered by experts from the ICJP during conflict analysis workshops in Mbinga-Nord.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 21 1) Conflict identification and 38 10 10 58 prioritization 2) Participatory conflict analysis by target village
Bubale 1 22 13 17 50
Bubale 2 15 6 4 25
Kabulu 1 24 18 8 50
Kabulu 2 28 22 8 50
Myanzi 25 25 14 50
CHAPTER 3: THE POSSIBILITIES FOR CONFLICT TRANSFORMATION IN MBINGA-NORD
The concept of transformation comes from the verb “to transform”, which means “converting one thing into something else for a more interesting purpose”. Its etymological meaning, from the Latin transformare literally means “turnaround, a change of direction”59 (Encyclopédie universelle). Therefore, it is necessary to leave behind the stagnant state of conflicts and move towards their transformation, the ultimate objective of which, in Mbinga-Nord, is social cohesion and peacebuilding. And this is still possible.
Boris Cyrulnik believes that it is necessary to be able to transform violence. Without violence, we have a fossilised order (nothing moves), whilst, with violence we have barbarous order (…). Negotiation, one of the means of transformation, enables evolution. Debate is the initial stage of ethics. If living requires violence, then we must create coexistence bodies60. Within the context of conflict transformation, the Christian Church advices us not to spiritualise or moralise conflicts. When there is a conflict, we must determine its source.
The conflicts in Mbinga have led to population displacement, killing, incessant disputes and a crisis of inter-ethnic distrust, among others. Several initiatives to accompany peace management efforts have been conducted over several years, however, these conflicts demonstrate a resistance. Which begs the question: how can we know what the key drivers of these conflicts are?
59 International Alert, Beyond Stabilisation: understanding the conflict dynamics in North and South Kivu, Democratic Republic of the Congo, February 2015. 60 Boris Cyrulnik, “Transformer la violence” [Transforming Violence] symposium, Arles, January 2000.
22 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV By taking a retrospective and proactive approach, we can understand that the politics of governance, at all levels, remains the great scourge that must be treated in order to arrive at true conflict transformation in the DRC.
As Florence Mpaayei61 underlines, conflict transformation has much to do with the establishment of new relationships and reconciliation. The concept of conflict transformation encompasses the notions of advocacy, working towards promoting and protecting human rights, as well as reconciliation and sustainable development.
The word “transform” means to change and to bring to light, even if this is a decisively long-term strategy. It is a whole set of processes in which suffering is mitigated and new relationships are created, truth comes to light, forgiveness is given and hope sees the light of day.
“Transform” also means preventing or stopping violence, as well as confronting a conflict head-on and even intensifying it in order to make the causes more visible and to point the way to the future. It is a global approach that requires systemic work in all milieux, at all levels and with all the actors involved. If one doesn’t manage to find the appropriate means for expressing the causes of conflicts and demonstrating prospects for change, then there is a huge risk that complex processes take a negative direction, escaping from anyone’s control.
Then a transition to the open use of violence is never far off, but such escalations don’t automatically have to occur. On the contrary, in its constructive form, conflict is a driver of inevitable and creative change. Conflicts are often addressed in constructive ways and resolved. Human beings can grow as a result of the conflicts they have overcome. Based on this explanation, we can now propose a participatory conflict transformation model that includes elements for peacebuilding in Mbinga-Nord.
THE PARTICIPATORY CONFLICT TRANSFORMATION MODEL IN MBINGA- NORD This concerns a model that takes into account the most structural aspects, such as the reorganisation of administrative and traditional power or the drafting of clear and equitable laws on the issue of land, which remains one of the main sources of divisions in Mbinga-Nord groupement.
Conflict transformation is achieved through the transformation of rules and customs that oppress and which do not place a value on others. Prejudgements and stereotypes and even traditions should instead translate into a new way of life for the inhabitants of Mbinga-Nord, and extend out to neighbouring groupements. This is possible thanks to a series of local initiatives conducted by community-led peace support structures. For example, advocacy actions conducted by women have enabled them to inherit family assets. These actions have also led to public admissions by people who have suffered heartbreaking psychological burdens.
The CLDP, CDM and other branches of civil society must promote dialogue, discussion, listening and the creation of relationships between individuals and/or groups with divergent interests.
61 Nairobi Peace Initiative Africa, Kenya (cf. www.npi-africa.org).
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 23 This is about placing a value on consultation, negotiation and compromise instead of fighting and victory by the correlation of forces, as John Paul Lederach62 advises.
Marginalized Groups as Observers
Acting on relational schemas constitutes a type of structural change for the social transformation of conflicts, as Claske Dijkema63 indicates. The exploration of alternatives with the antagonist parties of a conflict can be expressed by the need to move from a mindset of “them or me” to “them and me” in the perspective of a shared future.
Conflict is not only seen as a negative societal phenomenon, in its solely destructive dimension, but it is also a space for questioning certain practices and dynamics that, as a consequence, offer opportunities for change. Another dimension of transformation that it is necessary to work on is personal and relational transformation, in particular when the identity issue in this groupement needs taking into consideration.
On a perceptual level, this translates as taking the time to understand what the other party wants to say before seeing them as we perceive them. We must accept “the other” and open ourselves up to others. We must accept that relationships play an important role in life. Our way of approaching and treating people can make these people friends or enemies. In any event, the fact remains that the forums and other community-led dialogues for resolving conflict in Mbinga-Nord groupement must turn the regular pyramid on its head in order to attend and participate very actively in the debates that engage all people in the area in seeking peace.
From the administrative and traditional perspective, a revisitation of ways of working should be recommended in order to avoid all the prejudgements and stereotypes that are supported by the management class: the local authorities have aged and their way of managing conflicts in order to improve development is not visionary. Without waiting for the provincial and national hierarchy, land reforms should be envisaged and sent to the community representatives so that things can be changed.
It is the marginalised groups and ordinary citizens who design and open the dance of peace as the diagrams below demonstrate.
When conflict transformation strategies have a bottom-up approach, there is more chance of peacebuilding initiatives being sustainable. When people who feel marginalised are empowered and encouraged to actively participate, they don't hold back and the content of their proposals often reflects the reality because these proposals are orientated towards claims and recommendations. This enables us to experience the phenomenon of inclusivity. During community meetings it is often local leaders who guide the debates. They define the participation method and objectives. The participants submit and the results are not effective. Dialogues following the bottom-up approach promote an exchange of views without excluding anyone and promote joint and agreed solutions. This approach can be compared to using a watering can in the garden. Because the water is evenly distributed, all the vegetables in the garden
62 John Paul Lederach, in his work “Transformation des conflits”, Colorado University, 1984, an essay that seeks to demonstrate that conflict transformation is a feasible process. 63 Claske Dijkema, Transformation des conflits, p. 80.
24 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV are properly watered and will enjoy normal growth. As indicated above, in Mbinga-Nord groupement, women, young girls, widows and the Pygmies are more frequently in the position of observer, rather than actor.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 25 Bottom-Up Approach: Inverted pyramid: the bottom level is very Instead of Top-Down active in conflict transformation
26 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV
The participation of marginalised groups could be demonstrated as below:
Marginalised groups: observers
observers A B Women , girls, widows
Pygmies C
Marginalised groups who have OTHER become active GROUPS actors = INCLUSIVITY of all WOMEN, GIRLS PYGMIES AND PYGMIES
Comments:
The first diagram presents us with two social categories in the conflict transformation process. The first, with A-B-C relations represents partners who interact to resolve a conflict, while the second category is made up of circles that contain women, girls, Pygmies and other marginalised groups in this conflict transformation exercise. They make up a significant portion of the observers.
In the second part of the diagram, representing three circles, the observers act alongside the others. They are no longer simple observers but actors in conflict transformation.
By using the principle of the bottom-up approach, conflict transformation will lead towards a scaling of conflicts in the long-term, while hoping that the monitoring mechanisms decided on are implemented. This bottom-up approach enables fractured social ties to be re-established. It is a process through which communities engage in a collective and interactive dynamic of reflection on deep internal divisions and conflict management without resorting to violence to bring about lasting change. We encourage local peace support structures to prioritise this strategy, which constitutes a democratic framework for dialogue. Another possibility for conflict transformation in Mbinga-Nord would be to organise Participation Action Research (PAR) in which the bottom-up process can really enable a de-escalation of conflicts and to remedy them.
The PAR method implies that one accepts the idea that each party knows what is going on around them and that this knowledge constitutes a force for change. Respecting this reality is the cornerstone of this way of designing the production of knowledge. It connects research and social intervention.
Another conflict transformation dimension in Mbinga-Nord groupement, which is an agricultural zone, must be that of unionisation of the agricultural, coffee, mining and trade sectors. Implementation of this could bring about a significant reduction in conflicts. Alongside the community-led peace support structures, trade unions could promote an ongoing dialogue between the different actors in these sectors, in order to find a way forward without all the thorny issues that lead to conflicts. In this way, trade unions would create “communicational corridors”, which is a positive thing within communities because silence can kill in much the same way as a weapon. In the absence of implementation mechanisms and governance support, these trade unions would also be able to play a significant governance role while the state tries to assume this.
CAPACITIES OF THE STAKEHOLDERS TO TRANSFORM CONFLICTS Several stakeholders play an active role in the different conflicts that are wreaking havoc in Mbinga- Nord. Among them are: the general population, both rich and poor, the crop growers, livestock farmers, community development structures, local chiefs and churches, each acting according to their own interests and position. Several mediation and peacebuilding initiatives have been conducted by the same actors. Some have led to good results, and others to failures, as indicated in the previous pages. Among these actors, some act in ways that calm the situation, others in way that exacerbate the conflict. The majority of them are people who have already been trained in conflict management, resolution and prevention by international partners, even if this remains insufficient. Certain structures already have small meeting frameworks and they often meet not only to pacify tense situations but also for self-evaluation. Some stakeholders have the chance to belong to civil society organisations that give them more opportunity to grow and mature. One of the difficulties they encounter, in particular, is the resistance of rich people who are lacking the spirit of reconciliation. For example, this concerns certain local leaders who are both judges and parties when a reconciliation process is conducted. This also concerns deputies, who are supposed to conduct advocacy actions, but who are in a position to work against social cohesion. This requires support mechanisms both upstream and downstream, in order to transform these conflicts.
28 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV PERSPECTIVES AND RECOMMENDATIONS
PERSPECTIVES This study has analyzed different priority conflicts in Mbinga-Nord groupement from a land, economic and social perspective. As long as man walks the earth, there will be conflict. Man is therefore obliged to come to terms with conflicts, but in a positive way. It has been demonstrated that conflicts in the target areas have had a negative impact on the communities living there.
Therefore, it is necessary to transform conflicts so that man can reach his full potential. If all the conflicts – for example, the water supply in Bubale 1 localité, the economic harassment in Bubale 2, the crop farmers against the livestock farmers in Myanzi, the abusive prices for purchasing coffee in Kabulu 2, or even the disputes between the large-scale landowners and small-scale landowners in Kabulu 1 – were fully transformed for the development of the community, a new way of life would emerge, which would benefit the inhabitants of these areas.
Hence, the analyses conducted during the workshops addressed all these conflict factors by identifying the actors, in order to lead to solution pathways. The efforts for peaceful cohabitation and peacebuilding have not been forgotten by the community-led structures. The majority of the positive results achieved respond to immediate needs, while we are faced with conflict situations that require lasting solutions. Furthermore, this study has enabled us to identify that the lack of communication between different stakeholders, notably in the target localités, and principally in Bubale 2, is a key conflict driver.
Therefore, communication remains a very effective method in conflict management and resolution processes, as well as mediation. And so, the local chiefs, community leaders and other peace support structures should be supported in this sense across all the conflict transformation initiatives.
Pacification efforts should not be limited to a top-down approach, they must be the prerogative of a range of stakeholders. The results of this study propose, among the different conflict transformation strategies for peacebuilding in Mbinga-Nord: a strategy of communication and a sharing of ideas by using the bottom-up approach as a foundation for dialogue and including the authorities at all levels as stakeholders.
This concerns public debates through which marginalised groups, for example, find an opportunity to have their say about what they think about conflicts and to suggest solution pathways. However, this type of action must be carried out on a regular basis and must also be sanctioned by monitoring mechanisms in order to be effective in conflict transformation. This enables the development of accountability through effective and efficient communication.
Put simply, the perspectives that this study proposes can be summarised as follows:
• the implementation, by different social category, of an ongoing framework for discussion, collaboration and debate in order to conduct a “conflict autopsy” before coming up with the remedies; • ensuring the perpetuation of activities around social cohesion through peace committees, even after the project partners have left. This continuity will be monitored through peace committees and other community-led peace support structures;
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 29 • the implementation of collaborative networks on conflict prevention and transformation between the different peace support structures in Mbinga-Nord; • the existence of a framework to design and implement peacebuilding initiatives in Mbinga- Nord.
RECOMMENDATIONS:
LEADERS OF THE CLPD AND OTHER CSOS IN MBINGA-NORD:
• Increase the awareness-raising efforts about the respective conflict prevention, management and resolution actions for peacebuilding and social cohesion worthy of this name in their respective villages; • Encourage the continuation of works to open up roads connecting the different villages, in order facilitate discussions and mitigate tensions; • Conduct advocacy campaigns among national and foreign partners on new agricultural techniques in order to combat, for example, the malicious and accidental destruction of food crops; • Continue their work concerning the evaluation of development and peacebuilding activities conducted by partners in order to ensure the communities are aware of the successes and challenges identified; • Remain courageous and vigilant in the face of pressure from those who wish to derail their peacebuilding mission; • Avoid a sentimental mentality, which runs the risk of poisoning the climate of peace in their respective areas.
SPR PROJECT, OTHER PEACEBUILDING ORGANISATIONS AND THEIR PARTNERS:
• Continue their assistance to the partner structures involved in conflict prevention, management and resolution through new strategies such the financing of income-generating activities, the objectives of which will be based on community-led conflict transformation strategies; • Conduct advocacy actions with the Congolese authorities so that the peace support structures are officially recognised and so that they are integrated as technical services at the level of the ministries of justice and human rights; • Continue to provide their technical support in the area of capacity building in order to ensure the effective perpetuation and dissemination of the developments made; • Conduct advocacy actions targeting the Congolese government for both the suppression of/increase in certain state services which hinder the development of peace and social cohesion, notably in the area of security and economics; • Promote the perpetuation of the developments made by the local peace committees; • Facilitate the establishment of peace committees in new areas in Mbinga-Nord.
PROVINCIAL AND NATIONAL GOVERNMENTS:
• Upgrade the awareness and capacities of the state security services so that they can correctly support the population, who they regularly harass;
30 | CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION USAID.GOV • Provide these state services with the necessary means to execute their fundamental mission: the navy needs equipping; the PNC, for example, needs the provision of detention centres instead of using the population’s houses to hold detained persons; the ANR agents need adequate offices and material for the correct management of population movements; • Make an inventory of all the security units deployed throughout the different villages, register them in the state services payroll system and ensure their salaries are paid; • Build offices for the administrative leadership; • Incorporate a bottom-up approach in the management of public affairs to ensure the correct and comprehensive governance of the decentralised administrative entities (EAD), taking into consideration, in particular, the area of conflict transformation when drawing up operating budgets; • Eliminate the fees that parents have to pay to the school, in order to enable and encourage all students – especially girls – to attend school. This would enable a solution to be found for the issue of unwanted pregnancies and the massive presence of children in mining careers; • Establish good strategies for the dissemination of the mining code, and, consequently, find a suitable and frank dialogue framework between the miners and the traders and between the mining operators and the mining concessionaries.
LOCAL AUTHORITIES, PEACE SUPPORT STRUCTURES, COMMITTEES OF FISHERMEN, SHIP-OWNERS AND SECURITY SERVICES:
• Organise meetings and discussions about the security situation; • Regularly share information on security; • Implement a collaborative framework between the security services and the village chiefs; • Disseminate the new nomenclature on the fine tariffs; • Stamp out the illegal taxes which are imposed by unofficial services; • Raise awareness among the ship owners about the lake transport rules and the safety of passengers; • Raise awareness among the fishermen about the lake fishing rules.
POPULATION OF MBINGA-NORD:
• Support the CLPD in the creation of community-led peace support structures in order to ensure global cooperation; • Support and encourage collaborative frameworks between the parent committees and the school governors; support collaborative frameworks between the health committee managers and those responsible for healthcare structures.
USAID.GOV CONFLITS DANS MBINGA-NORD : FACETTES INVISIBLES ET POSSIBILITES DE RECONVERSION | 31 CONCLUSION
Our study Conflicts in Mbinga-Nord: invisible factors and possibilities for transformation, is based on the identification and participatory analysis of conflicts that are prevalent in this part of Kalehe territory in South Kivu, DRC. The centre of interest also extends to an understanding of the actors, causes and consequences of these conflicts in six villages in this groupement. This phase has enabled us to understand that these conflicts can be transformed, in particular by taking an inclusive approach, involving all members of the community, based on the bottom-up approach, for example. We identified that women and other marginalised groups, and even the stakeholders in conflicts, play an important role in peacebuilding. The series of recommendations addressed to different sociopolitical and security strata in Mbinga-Nord are provided to support genuine transformation and social cohesion in a groupement that already has some capacity. The different strata concerned are, in particular: the politico-administrative authorities at the provincial level in South Kivu and at the national level in Kinshasa, the community leaders who desire peace, the different security structures, those responsible for education and health, and operators working around Lake Kivu.
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WEBOGRAPHY www.international-alert.org
www.npi-africa.org
www.actformation.ch
www.richard-sada.com.
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