BLAISE MUHIRE FOR USAID
SURVIVING UNDER IMPOSSIBLE CONDITIONS Bukavu Challenged by Multiple Conflicts
MAY 2019 This publication was produced for review by the United States Agency for International Development. It was prepared by Management Systems International (MSI), A Tetra Tech Company.
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Surviving Under Impossible Conditions Bukavu Challenged by Multiple Conflicts
Contracted under contract AID-OAA-I-13-00042, Task Order AID-660-TO-16-00004
DRC Solutions for Peace and Recovery (SPR)
DISCLAIMER The authors’ views expressed in this report do not necessarily reflect the views of the United States Agency for International Development or the United States Government.
CONTENTS ACRONYMS ...... II EXECUTIVE SUMMARY ...... 1 INTRODUCTION ...... 1 1. RESEARCH CONTEXT ...... 1 2. RESEARCH AIMS ...... 2 3. BRIEF OVERVIEW OF THE RESEARCH AREA AND METHODOLIGICAL APPROACH...... 2 3.1 OVERVIEW OF THE CITY OF BUKAVU ...... 2 3.2 METHODS AND TECHNIQUES USED ...... 3 3.3 RESEARCH REPORT STRUCTURE ...... 3 3.4 STUDY SCOPE AND BOUNDARIES ...... 4 CHAPTER 1. RESEARCH OVERVIEW AND LITERATURE REVIEW ...... 4 1.1 PARTICIPATORY CONFLICT ANALYSIS PROCESS OVERVIEW ...... 4 1.2 REVIEW OF PREVIOUS ACTIVITY ...... 5 CHAPTER II. RESULTS OF PARTICIPATORY CONFLICT ANALYSES ...... 8 2.1 COMMUNE OF IBANDA ...... 9 2.2 COMMUNE OF BAGIRA ...... 10 CHAPTER III - DISCUSSION OF RESULTS: KEY DRIVERS OF CONFLICT ...... 12 3.1 ANALYSIS OF THE KEY DRIVERS OF CONFLICT IN THE TWO COMMUNES ...... 12 3.1.1 ANALYSIS OF THE KEY DRIVERS OF CONFLICT IN THE COMMUNE OF IBANDA 12 3.1.2 ANALYSIS OF THE KEY DRIVERS OF CONFLICT IN THE COMMUNE OF BAGIRA . 13 3.2 LOCAL INITIATIVES AND CONFLICT TRANSFORMATION MECHANISMS ...... 14 3.2.1 ONGOING INITIATIVES TAKEN BY STAKEHOLDERS ...... 14 3.2.2 PARTICIPATORY ACTION RESEARCH IN THE COMMUNES OF IBANDA AND BAGIRA ...... 16 3.3 EVALUATION OF THE LOCAL FRAMEWORKS’ CAPACITY FOR CONFLICT TRANSFORMATION ...... 18 3.4 DRIVERS OF CONFLICT AND CONFLICT TRANSFORMATION PROCESSES ...... 18 3.5 CHALLENGES OF CONFLICT TRANSFORMATION IN THE FACE OF STRUCTURAL PROBLEMS ...... 21 CONCLUSION AND RECOMMENDATIONS ...... 23 CONCLUSION ...... 23 RECOMMENDATIONS ...... 24 BIBLIOGRAPHY ...... 25 ANNEXES ...... 26
i | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV ACRONYMS
AFEDEM Appui aux femmes démunies et aux enfants marginalisés (Support for Impoverished Women and Marginalized Children) OMG Other Marginalized Groups BIAC Banque internationale pour l’Afrique au Congo (International Bank for Africa in the Congo) CCD Comité communal de développement (Communal Development Committee) CLD Comité local de développement (Local Development Committee) CLSP Conseil local de sécurité pour la paix (Local Security Council for Peace) CLPD Comité local de paix et de développement (Local Peace and Development Committee) CONADER Commission nationale de démobilisation et de réinsertion (National Commission for Demobilization and Reintegration) COOPEC Coopérative d’épargne et de crédit (Savings and Credit Union) MFI Microfinance institution ISPDE Institut supérieur pour la promotion de la paix, du développement et de l’environnement (Higher Institute for the Promotion of Peace, Development and the Environment) MECREBU Mutuelle de crédit de Bukavu (Bukavu Credit Union) MSI Management System International NGO Non-governmental organization SME Small and medium-sized enterprises PAR Participatory action research DRC Democratic Republic of Congo REGIDESO Régie de distribution d’eau en RD Congo (Public water utility company in the Democratic Republic of Congo) RIO Réseau d’innovation organisationnelle (Organizational Innovation Network) SYKASH Syndicat d’initiative pour le développement de Kasha (Kasha Development Union) SNEL Société nationale d’électricité (National Electricity Company) SPR Solutions for Peace and Recovery UCECM Union des consommateurs d’eau de Cikera et Mulambula (Cikera and Mulambula Water Consumers' Union) USAID United States Agency for International Development
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | ii EXECUTIVE SUMMARY
This report summarizes the results from the participatory research analyses carried out in two communes—Ibanda and Bagira—in the city of Bukavu, in the eastern part of the Democratic Republic of Congo. The analysis is based on data from ten conflicts analyzed and prioritized by local communities (five per commune) and two participatory action research reports conducted with local communities (one per commune).
The analysis presented in this report does not simply map the conflict dynamics. Moving beyond an overview of the relationships between actors, the interests that stand between them and the needs that fuel the situation, the report takes a balanced view that seeks to place these conflicts within an entire system of broken governance in Bukavu. This study shows that beyond the ten conflicts included in this research, Bukavu's current problems are the result of two main drivers. The first of these is poor governance, characterized by the state’s weak authority and its inability to meet the population’s basic needs. The second driver is Bukavu's housing process, which has been significantly impacted by repeated armed conflict and rural flight, with no socio-economic integration plan in place consistent with city planning. This study concludes that the combination of these two drivers continues to have a widespread impact on all areas of life, and in doing so generates multiple conflict situations.
INTRODUCTION
1. RESEARCH CONTEXT The Solutions for Peace and Recovery (SPR-Amani kwa Maendeleo) project is funded by USAID and implemented by a consortium of organizations: Management Systems International (MSI), International Alert and the International Rescue Committee (IRC). The SPR project aims to strengthen and increase social cohesion in the eastern Democratic Republic of Congo by implementing solutions sourced from participatory analysis and research into conflicts, and through the inclusion and empowerment of women and other marginalized groups in seven territories: Walungu, Kabare, Kalehe and the city of Bukavu in South Kivu; Masisi and the city of Goma in North Kivu.
The project has undertaken to produce quality participatory analyses for USAID on the most pressing conflicts experienced by communities in the eastern part of the Democratic Republic of Congo, the results of which will feed into advocacy strategy at the local, provincial, national and regional levels.
For the city of Bukavu, this study synthesizes the results of analysis carried out on the ten conflicts mentioned in the executive summary above. Data was collected and analyzed using a participatory approach that included stakeholders at all possible levels, taking into account gender and marginalized groups. This data and analysis were produced through the following SPR activities:
• Setting up Local Peace and Development Committees (CLPDs) in the communes of Ibanda and Bagira to facilitate conflict analysis and create two sustainable structures for peace and development; • Conducting participatory conflict analyses in the two communes in order to identify and prioritize these conflicts and establish peace-building pathways; • Facilitating participatory action research analysis in both communes, resulting in community dialogue and advocacy actions that will strengthen peace and social cohesion.
1 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV This report is based on data collected by the Bukavu-based Higher Institute for the Promotion of Peace, Development and the Environment (ISPDE).
2. RESEARCH AIMS
This research in the city of Bukavu in South Kivu aims to support the SPR-Amani kwa Maendeleo project's overall objective to strengthen and increase social cohesion in the eastern Democratic Republic of Congo by implementing solutions to conflict developed through participatory analysis, research and the inclusion and empowerment of women and other marginalized groups (OMGs). It is hoped that this research will be of value to other USAID projects and potentially other donors and organizations working in the region so that they may have a better understanding of the issues contributing to conflict in local communities.
3. BRIEF OVERVIEW OF THE RESEARCH AREA AND METHODOLIGICAL APPROACH
3.1 OVERVIEW OF THE CITY OF BUKAVU
Bukavu1 is the capital of South Kivu and has a population of 870,9542. It covers an area of 44.9 km² and is divided into three communes: Bagira (23.3 km²), Ibanda (11.57 km²) and Kadutu (10 km²). The city is bounded:
• To the north by Lake Kivu • To the south, by the territory of Kabare, along a conventional boundary that begins east of Panzi and runs west until it reaches the Nyamuhinga river in the commune of Bagira. This river empties into the Nyaciduduma before flowing into Lake Kivu to the north. • To the west by the Nyamuhinga and Nyaciduduma rivers, which form Bukavu’s western boundary with the territory of Kabare. • To the east by the Ruzizi river which takes water from Lake Kivu and carries it to Lake Tanganyika and forms a border with the city of Bukavu but also, as it continues south, acts as a border between the DRC and the republics of Rwanda and Burundi.
Bukavu’s economy focuses on the service and import sectors. Businesses and traders import electronic products, notably mobile phones and computers from China, Japan, South Korea, Dubai, etc. They also import clothing from China, Uganda, India, Europe, hardware products—mainly from Uganda—and oil from Kenya and Tanzania. Shopping centers, petrol stations, shops, food stores and hardware shops and depots are scattered across the city but are concentrated along the city's main streets (PE Lumumba Avenue, etc.). Bukavu only has one large market: Kadutu market. It also has local markets including Beach Muhanzi market, the Feu-rouge market, Nyawera market, Bagira market, Nguba market, Basho market, etc.
In terms of security, on the whole, Bukavu was peaceful while this research was being carried out. The city’s residents are kept safe by community police officers, who conduct night patrols. However, some districts have no street lighting and these areas contain small pockets of insecurity, generated by the
1 Information taken from the Cellule d’analyses d’indicateurs de développement (CAID) 2 Bukavu City Hall, Annual Report (2013)
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 2 activities of street criminals commonly known as "Findeurs”, who often elude police patrols and are still prevalent in these areas, primarily in the communes of Kadutu and Bagira.
3.2 METHODS AND TECHNIQUES USED
The data collected and analyzed for this study was essentially qualitative. The methodology followed a participatory approach ranging from context analysis to data collection from stakeholders.
To better understand the analytical context, actors, factors, causes and consequences, the CLPD was elected during a general assembly attended by communal authorities. CLPD members received conflict analysis training so that they could then identify, analyze and positively transform conflicts. These methods were used to analyze each commune’s five priority conflicts.
Data collection was carried out by SPR’s project partner, ISPDE, and an external consultant who collected some primary and secondary data. Key interviews were conducted with relevant informants based on interview guidelines. Focus group discussions were then organized, taking into account gender and marginalized groups (see appendices for participation statistics). The external consultant analyzed the research reports submitted by ISPDE. Information gaps were found resulting in a new field visit to secure the additional data. To obtain this data, the consultant conducted interviews with key informants in the communes of Ibanda and Bagira. He also performed direct observations via field visits, particularly to sites where the same conflicts are experienced in both communes. Finally, a literature review was used to incorporate secondary data into the research. Other members of the community were also involved in the analyses and gave their opinions during the community dialogues. The process was facilitated by academics from ISPDE.
GENDER, OTHER MARGINALIZED GROUPS AND CONFLICT DYNAMICS To better understand conflict dynamics, it was important to take account of gender and OMG inclusion when analyzing the conflicts identified in each commune. In keeping with the project’s objective, the strategies employed to execute the different stages of the project took account of these sensitivities. Women and OMGs were key players from the moment that the CLPDs were established. As stakeholders, some members of the above groups were elected to lead these community structures and women took on the responsibilities of vice-president in both CLPDs. The Council also contains many OMG members. They play an active role in all of the analysis and conflict transformation activities. The CLPD in Ibanda has also created a "Women's Group" sub-entity which works to raise awareness of peace and coexistence between the various communities within the districts.
3.3 RESEARCH REPORT STRUCTURE
This study is divided into three chapters. The introduction outlines the research context and objectives, followed by a brief overview of the research area. The first chapter provides an overview of the research and includes a literature review. The second chapter discusses the results of the participatory analyses carried out in the city of Bukavu, and more specifically in the communes of Ibanda and Bagira. The third chapter presents and analyzes the main drivers of conflict and also highlights some local initiatives and conflict transformation mechanisms. This chapter also examines the capacities of local actors to deal with the complexity of conflicts. The report ends with a conclusion, followed by recommendations.
3 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV 3.4 STUDY SCOPE AND BOUNDARIES
This research flows from the need expressed in the SPR project’s primary objective: to strengthen and increase social cohesion in the eastern Democratic Republic of Congo by implementing solutions to conflict developed through participatory analysis, research and the inclusion and empowerment of women and other marginalized groups (OMGs). The data collected reflects the issues raised by the various stakeholders encountered using a participatory approach in both communes. These analyses focus on conflict transformation and peacebuilding. The results are not necessarily designed for use in academic testing or a fundamental research statement. Instead, this research is intended to inform local, regional and national advocacy focusing on the key issues raised within the analyses. The conclusions focus mainly on the city of Bukavu, and do not, in all likelihood, reflect the current situation in the wider province of South Kivu, still less the DRC. Extreme caution and an appropriate level of scientific diligence would be required to extrapolate the results presented in this report to other areas.
CHAPTER 1. RESEARCH OVERVIEW AND LITERATURE REVIEW
1.1 PARTICIPATORY CONFLICT ANALYSIS PROCESS OVERVIEW
In 2017, a context analysis workshop was organized by the SPR-Amani kwa Maendeleo team in the city of Bukavu. Its objectives were: (a) to conduct an in-depth context analysis to understand the political, security, social, economic and environmental aspects of the city with which the project’s activities wanted to interact; (b) to collect preliminary information on the context and dynamics of conflicts in the city of Bukavu with a view to focusing on priority areas; and (c) to select one of the three communes in the city of Bukavu where SPR activities would be carried out with civil society peace actors and specialized government services. At the end of this exercise, the communes of Ibanda and Bagira were selected in a participatory manner by those involved in the process. These communes were selected for seven reasons, namely that in both communes there is/are (1) relative security; (2) a certain community heterogeneity; (3) a strong presence of civil society organizations; (4) intense conflicts; (5) opportunities to address conflicts via existing community structures; (6) opportunities for women's economic empowerment through their organizations; and finally, (7) other sectoral programs linked to USAID and its partners. These analyses identified existing resources that were at the root of the problems, needs (what is lacking), the conflict/problems, as well as factors that exacerbate these conflicts/problems. Some conflicts/problems were identified at a social level, including conflicts between parent committees and promoters in some schools due to the poor quality of services being provided. There was also competition between private health facilities and traditional practitioners, due to weak regulation in this sector, and tensions between customers and staff at cooperatives and banks. This was the case at COOPEC Imara, MECREBU, BIAC, etc. Many families have lost their assets in these cooperatives, with no protection or support from government institutions in their attempts to reclaim the amounts owed. Because banks impose a relatively high interest rate, the emergence of microfinance institutions has been an opportunity to save money and obtain credit at affordable (variable) rates. However, the level of dysfunction and a lack of transparency—characterized by inefficient management—had provided customers with no security. Another problem that was identified relates to the stigmatization of certain ethnic and social groups due to their (supposed) nationality, including the Barundi or the Banyamulenge community, who are being marginalized. The final social issue relates to the desecration of graves in the communes of Bagira and Ibanda, followed by the illegal sale of plots and the destruction of existing houses, etc., with no protection from the judiciary or government security services.
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 4 On an economic level, and particularly in the microfinance sector, customers find it very difficult to access their money at some financial institutions, which makes these institutions unreliable. Another problem, and one that is both economic and ecological, relates to manufacturers (such as Bralima, Pharmakina, etc.) who have sites in the area but no strategies in place to tackle pollution. Environmental pollution and the lack of a waste management policy were mentioned by research participants, especially in and around the Bralima plant. The other issue is the growth in the informal SME sector. This has fueled tax evasion, primarily through markets of pirated goods, with confrontations between businesses and traders and, at times, the police. This situation has arisen because the informal sector in which most SMEs operate is inadequately regulated by the relevant state institutions. Although there are large markets in the city of Bukavu, the lack of adequate organization and infrastructure results in a failure to comply with official product prices and violations of the clauses agreed between the management committee and state bodies. Bukavu’s factories are an economic asset for the city. Two major problems were identified at the political-administrative level. Firstly, public servants are selling public services and there is widespread inefficiency in terms of services provided by the state. Secondly, there is a generational conflict due to the absence of a retirement policy that would allow younger generations to transition into state roles in an organized and peaceful way. The city’s large number of political parties and a failure to supervise their members has resulted, on the whole, in political manipulation based on identity and community of origin. In terms of security, there are thefts, rapes, kidnappings, harassment and killings despite the presence of security services, who have immense difficulty carrying out their protection mission and are unable to control weapons held by civilians. Major environmental issues have already been discussed. The local population’s search for construction plots has led to uncontrolled construction in some areas—particularly in the hills, causing landslides—and land conflicts due to the lack of an urbanization policy and inaccurate land registries. On the roads, the lack of public road maintenance causes accidents in addition to near constant levels of tension between motorcyclists and other drivers. Finally, in terms of human rights, poorly coordinated activities and a lack of collaboration between national human rights bodies, the human rights division and national and international civil society organizations, have led to a conflict of roles and a wide variety of parallel civil society structures. As highlighted in the report on the systemic analysis of conflicts conducted by peace actors in Bukavu (June 2017), the key problem in South Kivu province and Bukavu in particular is the weakness of state institutions and services, with a dysfunctional administration unable to meet the needs of social cohesion. It is from this perspective of weak governance that the next section will attempt to highlight the problems identified by peace actors in the existing literature.
1.2 REVIEW OF PREVIOUS ACTIVITY In February 2015, the Social Fund of the Democratic Republic of the Congo concluded contracts with two partner implementing agencies specialized in conflict prevention and management, namely RIO and AFEDEM (Organizational Innovation Network and Support for Impoverished Women and Marginalized Children). These agencies were contracted to deliver activities related to social cohesion issues. These activities were part of the implementation of the Eastern Region Stabilization and Peace-Building Project (STEP), and more specifically improving access to socio-economic infrastructure and community livelihoods3. Among others, the conflict analysis in Bukavu identified a conflict in that city between expropriated individuals and the Congolese government following road construction in certain districts. This conflict, which dates back to 2014, manifested itself in complaints by the population and several
3 AFEDEM and RIO, p. 13
5 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV arrests. The main stakeholders in this conflict were the population affected by the demolition and the provincial government. The two other major conflicts were environmental and were between the population and Bukavu City Hall. This conflict dates back more than 15 years and has manifested itself in the disposal of waste at inappropriate locations. A lack of refuse dumps in Bukavu is at the root of this conflict between City Hall and the city’s entire population. Finally, this report highlighted the socio-economic conflict between demobilized soldiers and the government. This conflict dates back to 2012 and resulted in an uprising of demobilized soldiers in the Bagira military camp. The main cause of this conflict was the National Commission for Demobilization and Reintegration’s failure to meet its socio-economic integration commitments. For a long period of time, the dominant narratives in academic literature have presented land disputes as a rural phenomenon4. Recently, however, researchers have begun to draw attention to tensions in urban areas, particularly those centered on land disputes5. In a recent publication, Kasper Hoffmann et al—in what they refer to as “Constructed Anarchy”—draw a link between governance issues and current conflicts and the precarious nature of (land) property rights in Bukavu. The authors state that land is not only important as a material resource, but that in a Congolese context it is also linked to many aspects of the urban residents’ social lives6. Occupying and owning land are important sources of prestige and self- esteem and play a part in determining the socio-economic and political status of individuals in society. This study was carried out in the vicinity of the Panzi district (in the city of Bukavu) and found that property rights are notoriously precarious. Several factors contribute to this situation in Bukavu. These include the ambiguous nature of Congolese land law, corruption within the land administration, increasing demographic pressure, virulent land speculation, the lack of a coherent urbanization plan and competition between land regulation institutions at the national level7. The interplay between these factors has driven Bukavu’s residents to describe this method of land management as “uncontrolled urbanization”, and often “uncontrolled property” or "uncontrolled construction", with even starker environmental consequences8. The dynamic nature of the city’s housing expansion, and the growth of the city itself, are in effect caused by the natural increase in the city’s population and rural flight9. Bukavu has grown rapidly in recent years due to the security situation in the Great Lakes region, especially in the eastern part of the DRC, where the trend is to live in cities, given the widespread levels of insecurity in villages. The situation in Bukavu has evolved at an exponential rate, with the most striking aspect being the uncontrolled and spontaneous occupation of urban areas. It is important to note that the population has increased over a surface area (60 km²)10 that has remained constant since the city was founded in 1901, an area that is subject to natural hazards and constraints 11 . To improve this situation, Sadiki suggested that a hydrogeological and geotechnical study be carried out in the city, that the provincial government of Bukavu end uncontrolled construction and that it should support research into the management of natural risks. Ten years on, the study Sadiki recommended has still not been carried out.
4 See Huggins 2010, Vlassenroot 2013, Mathieu and Tsongo 1998; Mararo 1997. 5 See Büscher 2012; Wagemakers et al. 2009; Büscher 2018; Büscher and Vlassenroot 2010; Peyton 2018. 6 Hoffmann, K et al, (2018), p. 8. 7 van Overbeek, F., & Tamás, P. A. (2018), p. 291 8 Sadiki N. et al, (2010), p. 123 9 Nzunzi, L. (2008), p. 2 10 Some sources refer to 44.9 km2 (Bukavu City Hall, 2013) 11 Sadiki (2010) op.cit.
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 6 In addition to this issue of housing and environmental challenges, Bukavu also has a dysfunctional supply of drinking water and electricity. According to a recent article on the website jambordc.info12, the National Electricity Company (SNEL), faces major challenges with constant complaints from residents. Comments by the SNEL Provincial Director collected on the jambordc.info website reflect this issue: “SNEL continues to suffer from technical problems. We have seen a significant drop in Lake Kivu’s water level from 1463 to 1462 m3; it has lost 1 cubic meter of water. And when the water level drops, the Ruzizi river’s flow also decreases (...), which leads to an energy shortfall. Instead of producing 29 megawatts, we are only producing 12”. Déo Mashali, Provincial Director of the National Electricity Company.
The director also castigates what he calls irresponsible behavior by the local population:
“The population needs to understand that rights also come with obligations. We deplore the acts of vandalism that are perpetrated on our network: the theft of cables, transformers, projectors, the persecution of our agents, certain people passing themselves off as SNEL agents (...). Instead of asking SNEL for assistance, they (the inhabitants, editor’s note), prefer to do the work themselves, which leads to tampering with the company’s equipment and the risk of fire. We call on the public to help SNEL carry out its work, because this same population benefits from SNEL's services.”
Despite all of these housing and inadequate infrastructure challenges, Bukavu is seen as a safe haven for many. As Beall and Goodfellow and even Büscher point out, in the DRC, cities with the same characteristics as Bukavu have seen, and continue to experience, rapid urban growth, precisely because they are considered to be safe. In just a few years, waves of migrants have choked Bukavu. Alongside a seriously inadequate provision of basic services such as drinking water and electricity, access to land and land security aggravate Bukavu’s challenges. According to the registrar of real estate titles in Bukavu (quoted by Beall and Goodfellow): “...there are no more plots available in the city. And yet people still come to fight over spaces or live among the urban population...”. This land access issue is one of the challenges posed by land governance at a national level. As Vlassenroot and Huggins demonstrate13, the Congolese state has never been able to successfully enact the 1973 Land Law, chiefly because of the legal uncertainty that continues to fuel tensions in both rural and urban areas. For the time being, in the face of soaring population growth in rural areas on the outskirts of Bukavu, and an infringement of city planning rules, legal practices (positive law) of land management have been introduced in areas where customary rights prevail and where considerable ethnic barriers remain. For Karen Büscher, these positive law practices in relation to land management have intensified the distinctiveness of the "foreigner/migrant/other” and impacted urban identities. Today, claims in Bukavu are dominated by references to ethnicity and belonging, concludes Büscher. These inherent problems with the housing process in Bukavu, and their consequences, are inevitably linked to a collapse in governance in its broadest sense. In fact, the issues that the authors address above reflect a pathological governance whose consequences are part and parcel of the overall context that exacerbates these problems. Human security studies tend to associate this governance with “fragile states”. In their broader sense, these studies offer an understanding of people's perceptions of the state and the role that the latter plays in meeting human needs. As Mukwege Buhendwa clearly states14, “…the population cannot effectively enjoy
12 https://jambordc.info/sud-kivu-les-raisons-du-delestage-de-lelectricite-de-la-snel/ from 27/02/2018, viewed 18/03/2019 at 9:25 a.m.
13 Vlassenroot, K. and Huggins, C. (2004), p. 118 14 Mukwege B. (2016), p. 4,790
7 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV human rights unless they have equitable access to basic public services such as water, electricity, health care, justice and basic infrastructure”. In 2014, a study was carried out by Fons Van Overbeek to determine what the state meant to people in Bukavu. When asked what the meaning of the state was and what its functions were, most respondents commented that it provides peace and justice, protects and manages the population, and even acts as an advisor. All of these state functions, mentioned by the population, are corroborated by Van Overbeek's study15. These functions can be summarized as the state’s primary role: as a provider of basic services such as water and electricity. The population’s aspirations towards the state may be frustrated if the population does not see the state as a providential provider. In this case, the population tends to develop coping mechanisms, not necessarily driven by state institutions. This is the concept of everyday often use by ethno-anthropologists, who describe this notion as follows: “’Everyday’ is used to illustrate the myriad of (socially sanctioned) ways in which people overcome their limitations in terms of their direct environment, and manage to cope with the fragile balance between constraints and aspirations when dealing with an inadequate, disinterested and incompetent public authority.” Everyday therefore refers to strategies adopted by people in a bid to survive as best they can, using whatever tools and tactics are at their disposal in their social, economic and spiritual environment at the local, national and global level that could help them to overcome life's challenges16. The idea that the population would look after themselves in the face of chaotic governance is illustrated by Randi Solhjell 17 in his thesis on “Dimensions of Statehood” in Bukavu. It is based on the State-Society relationship, a social science concept. His thesis begins with a critique of political science literature that continues to consider some sub-Saharan states as weak, deprived or as non-States. Instead, his thesis suggests that the state could be seen as the set of practices that lend it meaning, sustain it and challenge it, through popular struggles for survival. To understand these practices, Solhjell focused his empirical research on waste management, road construction/maintenance and water and electricity supply in Bukavu to argue that the state, which is often seen as a coherent entity, consists of different practices observed in a variety of spaces and social relationships. It is in this disconnect between the state’s function as a provider of basic services on the one hand, and the needs and concerns of Bukavu’s population on the other, that the data analyzed in this study will eventually position conflicts in a contextualized and nuanced way. Placing the analyzed conflicts in context will allow resilience and positive conflict transformation mechanisms to emerge that the stakeholders involved in the process could then use to respond to the frustration currently expressed by the population. The next chapter will present the ten conflicts in Bukavu (five in the commune of Ibanda and five in the commune of Bagira).
CHAPTER II. RESULTS OF PARTICIPATORY CONFLICT ANALYSES
For the participatory conflict analyses in Bukavu, the stakeholders not only selected specific areas (the communes of Ibanda and Bagira), but also used a certain number of criteria to identify priority conflicts (see section I.2). This section will briefly present and discuss the priority conflicts in the two communes of Bukavu that emerged from the participatory analysis reports.
15 van Overbeek. F. (2014), p. 38 16 Roberts (2011), p. 412-413 17 Solhjell, R. (2015), p. 229
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 8 2.1 COMMUNE OF IBANDA The first conflict identified and prioritized in the commune of Ibanda concerns recurrent altercations between sanitation police and vendors on main roads, deemed to be informal and illegal markets. To survive against a backdrop of poverty and insecurity, households develop resilience mechanisms with activities designed to help them survive. Women disproportionately bear the burden of poverty. Unfortunately, official markets have reached capacity and people are forced to improvise. There are recurrent fights between police officers and vendors on some roads. Ironically, most of the vendors mistreated by the police are the wives of police officers and soldiers, forced to act as petty vendors on the streets to help their families survive because their husbands' income is often insufficient and irregular. The stakeholders in this conflict, identified by participants in the participatory analyses, are the sanitation police, City Hall and communal government, retailers and resellers, bystanders, motorcyclists and taxi drivers. The second priority conflict involves the shortage of electricity and involves informal local committees, the population and SNEL. The areas most affected by this are Avenue Route d'Uvira, Avenue Ikanga and Avenue Albert Kayabu, the Panzi district, Avenue Bizimana, the Kaza Roho district and Major Vangu district. Because of the shortage of electricity, caused by the dysfunctional and ineffective way in which SNEL operates, informal local committees have been set up. These fuel tensions between SNEL, the population and the local committees, with tensions resulting in clashes, arrests and acts of vandalism as well as the sabotage of SNEL equipment. Stakeholders involved in the participatory analyses highlighted direct and indirect causes of these tensions. Direct causes include the politicization of SNEL’s management, SNEL’s monopoly of the electricity supply and the country’s widespread levels of poor governance. Indirect causes mentioned by participants include SNEL's obsolete equipment, the discriminate way in which power is cut off, the mismanagement and incompetence of some managers and technicians across the network, the creation of informal committees and, finally, low water levels including a drop in the level of Lake Kivu. The third priority conflict, the “land dispute”, is linked to easements, rainwater drainage, and the plundering and desecration of cemeteries; one such case being Panzi and Ruzizi cemeteries and the conflict between the population and the local authorities. It should be noted that the so-called "liberation" wars, particularly under the Rally for Congolese Democracy, exacerbated this phenomenon, ending with the fragmentation of areas in the public domain (Social Fund) and a recent flurry of new construction in Ruzizi cemetery (2018). Because of the uncontrolled construction seen in the city over this period, certain easements between avenues and districts have disappeared, with a consequent negative impact on accessibility. This lack of an urbanization plan, with the resulting uncontrolled construction, is exacerbated by population growth, but more so by the partial application of the Land Law in urban areas. Plot overpricing has transformed the city of Bukavu into a market for land, even threatening sacred spaces such as cemeteries. Given their symbolic emotional significance, these cemeteries are a place of contemplation and collective memory. Despite this they are vandalized, misused and desecrated. There are recurrent conflicts over these issues between government officials and landowners and even between population groups competing for land. The fourth conflict is linked to insecurity and the crisis of confidence between the population and the political-administrative and security services. In downtown Bukavu, daytime robbery, armed robbery, arbitrary arrest, vandalism, kidnapping (robbery), rape, the Finder phenomenon, the plundering of plots by political-administrative and military authorities, and the harassment of the population by security agents during night patrols are clearly apparent in the Ibanda commune, according to testimonies from research participants. In response to these situations, the population has developed self-protection mechanisms (e.g. night patrols) but these are poorly organized and often lead to acts of vandalism, mob justice, looting and other abuses that reflect a total mistrust of the official security services.
9 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV The fifth and final conflict pits the population against REGIDESO due to an almost permanent failure to supply drinking water. As highlighted in the first four analyzed problems, Bukavu’ drinking water shortage is part of an overall context of poor governance characterized by the lack of an urbanization plan and high population density alongside an inadequate socio-economic infrastructure. REGIDESO also faces serious technical difficulties. Major challenges for this company include low flow and low water levels in the Murhundu River, deforestation of its riverbanks, and nearby agricultural activities. In addition to the supply issues, stakeholders in the participatory analyses highlighted unfair flat-rate overcharging and an exorbitant subscription cost that fail to reflect household purchasing power. The lack of a public policy on sectoral development planning at the provincial and local levels is consistent with the problem of overall governance in the DRC. This is characterized, amongst others, by the politicization of REGIDESO’s management. As a state-owned commercial company, it often evades the control of the provincial authorities, who experience the day-to-day challenges faced by the population, and have a monopoly on the production and distribution of drinking water, unfortunately under terrible conditions given the rising demand. Figure 1 : Interconnection of Conflicts (commune of Ibanda)
Police vs Vendors
Rainwater drainage and National Desecration of Electricity Cemeteries Company vs Population Conflicts
REGIDESO Crisis of vs Confidence: Population Insecurity
2.2 COMMUNE OF BAGIRA As in the commune of Ibanda, five priority conflicts were selected from a wider pool of conflicts. The first relates to identity and is between the indigenous population and migrants. As with other the conflicts
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 10 analyzed for this research, the disputes between these two groups arose against a backdrop of repeated wars that changed socio-economic structures in both rural and urban areas. Massive population displacement from areas bordering Bukavu have forced newcomers to change their lifestyles, often to adapt to new situations in the host environment. As highlighted in the report into the participatory analyses in Bagira commune’s Kasha district, populations from rural areas—Kabare, Kalehe, Walungu, Idjwi, Bunyakiri, Fizi, Kaziba—have overrun unauthorized areas. Unfortunately, no reception facilities were provided and, more importantly, the public authorities failed to implement a social integration plan. Faced with this new housing situation, the so-called indigenous or residential populations have tended to view this activity as damaging to their interests, especially their land-related interests, and have begun to consider newcomers as invaders, a view often fueled by local leaders competing for power. Land and identity tensions have in fact been rekindled by two self-proclaimed leaders in Ciriri, with each leader attracting communities loyal to their chosen leader. Social cohesion and peaceful cohabitation are currently at risk because of divisions between the two groups. The second conflict reflects a certain crisis of confidence between security structures, the local administration and the population of Bagira. This conflict mirrors that found in the commune of Ibanda. As in the rest of the country, economic conditions—fueled in large part by soaring inflation—have weakened the socio-economic fabric, with this then fostering certain urban phenomena. Examples include robberies, daytime and night-time armed robberies, regular killings, rape and sexual violence, extortion, arbitrary arrests, targeted assassinations, etc. The crisis of confidence therefore stems from the population’s feeling that they have been ignored and "neglected", accentuated by the lack of a framework for honest dialogue between the population and the official authorities. The third conflict concerns the shortage of electricity and is between SNEL, the informal local committees and the population in the districts of Bagira. This conflict was also found in Ibanda and can in fact be found across the entire city of Bukavu. Key features of this conflict include (a) a divide in terms of those being supplied with electricity (the electricity supply being cut off to certain groups), a situation that favors privileged or affluent social categories, (b) a shortage and often complete lack of electricity in hospitals, schools, social care homes, factories, laboratories and households and (c) unfair flat-rate billing and pricing for regular energy supply, etc. In short, the unbalanced way that customers are supplied with electricity is the root cause of the disputes between the population and SNEL. The lack of involvement by authorities at a local and communal level, and the passivity of civil society in terms of finding alternatives to the shortage/lack of electricity, are genuine obstacles to resolving this conflict. The fourth conflict concerns waste management and pits the population of the Bagira districts against two companies: Bralima and Pharmakina. The way in which Bukavu's housing has been transformed, and the lack of an urbanization plan, in addition to the massive rural exodus, have acted as triggers that have exacerbated the issue of waste dumping, itself caused by a lack of space to process waste. Although there has been an increase in the number of dwellings in the commune of Bagira, and Kasha in particular, there has been no corresponding increase in the number of water pipes, gutters and public trash cans. In parallel, the plants operated by Bralima and Pharmakina produce an ever-increasing amount of waste, threatening the ecosystems of Lake Kivu and the local communities who live alongside its shores. Local residents have organized sit-ins on several occasions in a bid to bring this issue to the attention of plant managers. The near total lack of a waste management policy makes it difficult to implement interim measures, and the participatory budget has not been used to tackle agreed priorities. As a result, the presence of scattered waste and garbage often causes tensions between neighbors within districts, between the districts themselves, and between the districts and the local authorities. Bralima and Pharmakina face pressure from communities living on the waterfront, who criticize them for failing to develop a clear waste incineration plan. The waste is often simply dumped in public spaces, emitting unpleasant smells that add to environmental pollution.
11 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV The fifth conflict is a “land dispute” and is linked to the plundering of public easements and cemeteries (in the case of Kanoshe and Mwisigiko cemeteries) and is between the authorities and the population on the one hand, and certain groups of the population on the other. The conflict began when Kanoshe cemetery (created in 2002) began to be taken over, plundered, vandalized and even desecrated by uncontrolled construction. The same situation applies to Mwisigiko cemetery in the Bagira commune, which has been vandalized by farming and the extraction of rubble (quarry). At present, uncontrolled construction across entire districts (Kasha, Lumumba, Nyakavogo) is fueling tensions that sometimes result in deaths. This cemetery management issue also has an impact on the feelings and perceptions of certain residents because of the symbolic significance they attach to their dead, and on the emotional importance of these sites as spaces for contemplation, emotion and collective memory. These issues are at the core of this conflict.
CHAPTER III - DISCUSSION OF RESULTS: KEY DRIVERS OF CONFLICT
3.1 ANALYSIS OF THE KEY DRIVERS OF CONFLICT IN THE TWO COMMUNES Drivers of conflict are aggravating factors that fuel the extent, magnitude and occurrence of tensions between various actors. The drivers analyzed in this section refer to the various conflicts identified in the communes of Ibanda and Bagira.
3.1.1 ANALYSIS OF THE KEY DRIVERS OF CONFLICT IN THE COMMUNE OF IBANDA The drivers of conflict discussed in this chapter have been identified as common threads that fuel disputes and tensions between different parties with diverging interests. In the commune of Ibanda, two main drivers are at the root of current tensions. The first relates to the scale of the tensions seen here and the impact of plundering easements, rainwater drainage and the desecration and plundering of cemeteries in Panzi. Stakeholders involved in this conflict are primarily church leaders (religious denominations), local development associations, managers, the waterfront population and the City Hall’s sanitation police. There are multiple direct consequences. These include uncontrolled construction that has a negative impact on the urban space and uncovers bones; tombs disappear and are transformed into agricultural spaces; fights between neighbors result in death; access is difficult along avenues and within districts. One resident encountered during research in this district expressed the issue as follows: “…we live so close to one another that it’s even difficult to move a coffin from one house the next. People build where they want and when they want. We are in constant litigation and the courts are overwhelmed by the number of plot boundary conflicts. There isn’t enough space for our children to play, there’s no cemetery left. We are living in impossible conditions and wonder whether the state actually exists!”
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 12 The second main driver relates to the highly complex issue of water management. As previously explained, the population explosion caused by rural flight and the search for a better life in Bukavu continues to attract people from rural areas. Water is essential for survival, but REGIDESO is unfortunately unable to meet the growing demand for drinking water. REGIDESO’s poor efforts to date have resulted in protests and discontent among a large part of Bukavu’s population, who believe that the public company discriminates against them, favoring certain (well-off) neighborhoods over others (poor). Key decision-makers also differ in their approaches. The provincial authority, for example, represents the regulatory body (the state) and is supposed to ensure compliance with standards and supervise REGIDESO. However, it is only interested in maximizing revenues by taxing the tax base, without responding to the population’s needs and without any real strategy to address the above-mentioned issues. Panzi cemetery. Photo by BM For its part, REGIDESO attempts to supply drinking water, within its means, with the sole aim of maximizing its revenues. Facilities are outdated and often inadequate given the city's rapid rate of expansion. REGIDESO was able to collaborate with Mercy Corps (an international NGO) to extract water from the Mazigiro River and supply the Panzi district, working with ASILI, a local NGO. Despite the population demanding a better service from REGIDESO (a regular supply of high-quality water in sufficient quantities, with meters to properly measure the quantity of water consumed), REGIDESO complains that those who do receive water, albeit a small amount, fail to pay their bills. The Local Development Committees (LDCs) are still unable to get the parties to this conflict to sit down and find ways to manage their disputes. Even the national and international water and sanitation sector NGOs that are helping to supplement REGIDESO's efforts are faced with the critical issues of an uncontrolled, and in some cases catastrophic, increase in housing.
3.1.2 ANALYSIS OF THE KEY DRIVERS OF CONFLICT IN THE COMMUNE OF BAGIRA There are two main drivers in this commune. Firstly, power sharing and the control of resources between "indigenous" and "migrant” peoples in Kasha, one of the communities in the outskirts of Bukavu. Kasha acts as an arrival point for people leaving rural areas, in particular the territories of Kalehe, Walungu and Kabare. Over time, the authorities have failed to plan any fusion, socialization and integration process, resulting in a laissez-faire approach that has seen newcomers transform urban Kasha into a rural zone. The so-called indigenous population has started to complain about the migrants’ access to land. The real issue here is that the number of "migrants" has continued to increase, and that they have a clan-based social structure that pledges loyalty to its traditional leaders. The migrants also have their own markets, churches and schools. Comments by the indigenous population merely reflect the frustrations of host populations who fear the cultural, social and economic domination of newcomers. One Kasha resident commented: “…These "immigrants" have arrived here but refuse to be governed by local leaders. They live among themselves, have created their avenues and named them after their home villages. It’s unacceptable!” For the new arrivals, being ruled by other leaders is out of the question. This situation has gradually resulted in overbidding for land, uncontrolled construction, the proliferation of unsustainable social
13 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV structures, the emergence of highly overcrowded neighborhoods, crime, etc. The lack of dialogue between social groups and the social distrust between these groups are the product of a social divide that requires frank dialogue backed by committed political leadership. The second main driver is the presence of waste in different districts, with waterfront communities adamantly opposed to Bralima and Pharmakina’s approach to waste management. The population demands a cleanliving environment and the transformation and recycling of waste as well as access to energy (biogas). While state services focus on tax collection, Bralima and Pharmakina face growing claims for compensation from local communities and are often asked to pay illegal and unfair taxes by state services. Visible consequences of this confrontation are sit-ins by local communities, scuffles and court trials. The final driver relates to the plundering of public easements and cemeteries (in the case of Kanoshe and Mwisigiko cemeteries). In and around 2002, Kanoshe cemetery, in the urban-rural district of Kasha, was invaded, pillaged, vandalized and even desecrated by uncontrolled construction; the same applies to Mwisigiko cemetery, vandalized by farming and the extraction of rubble (quarry). The public administration, via its technical services (land registry, urban planning and housing, civil registry, the chef d’avenue mayor), has sold plots of land to private individuals with no consideration for what the cemetery means to those who have buried loved ones on the site. There is still no solution to this problem, despite attempts at dialogue initiated by various peace actors. The next section presents the different initiatives taken by various stakeholders to transform conflicts, while highlighting the challenges that remain in both communes.
3.2 LOCAL INITIATIVES AND CONFLICT TRANSFORMATION MECHANISMS
3.2.1 ONGOING INITIATIVES TAKEN BY STAKEHOLDERS During the participatory conflict analyses with the different stakeholders in both communes, a series of initiatives and recommendations were proposed to address the conflicts that they faced. This study has not systematically documented these initiatives and will instead focus on specific examples. In terms of the Panzi cemetery conflict, the following initiatives were identified: an attempt to demarcate both cemeteries; the establishment of an ad hoc commission to preserve both cemeteries; the establishment of dedicated technical services by former Minister Koko Nyangi; the purchase of a new cemetery by former Mayor Yogolelo on the Mudaka axis in the chiefdom of Kabare. In addition to these initiatives, the local capacities of local peace actors were discussed and could be leveraged to support positive conflict transformation in both communes. These include capacity building for advocacy techniques; mediation with CLD members, political-administrative authorities, CLPDs, and in any attempts to demarcate cemetery boundaries. However, these initiatives may be frustrated by certain practices, such as the illegal sale of plots of land, the incompetence of certain agents working for the state's technical services (land registry, registrar of real estate titles), etc. Stakeholders did, however, recommend (a) that the state should provide sustainable extension zones for cemeteries, within an effective management framework, (b) that boundary markers should be installed for the new burial site demarcations, and (c) that the urban space be decongested and spaces for public and private use clearly redefined. Faced with all of these problems, the different stakeholders have already implemented various initiatives. These include the boundary marking and demarcation of Kanoshe cemetery, followed by the mapping of public easements by City Hall, working with the district leaders. The commune of Bagira contains CLDs, the Local Security Council, the District Forum, the recently established CLPDs, CCDs, civil society, Noyaux and Sous-Noyaux (core and sub-core community groups), the Justice and Peace Commission, peace-themed initiatives from youth groups such as Youth Vision, Éveil de la conscience, etc.
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 14 However, according to the analysis conducted during the participatory analyses, not all of these frameworks are operational, despite capacity building training courses having been organized for their members. This failure is due to the members’ weak commitment level, inadequate tools and financial resources and the lack of coordination and support from the local authority. Participants made certain recommendations, including the need for advocacy to revitalize the Local Security Council for Peace (CLSP) and district forums, advocacy for effectiveness, and the establishment of a decentralization policy in the communes. However, all of these initiatives are hampered by persistent uncontrolled construction that prevents the technical services responsible for laying water pipes from doing their job, and new construction often fails to meet urban standards. This uncontrolled construction also has an impact on electric power facilities. To ease tensions between SNEL and the population, a few meetings by informal local committees, SNEL officers and the population have taken place in a bid to foster dialogue. However, given SNEL's inability to serve the entire population, communities have been taking the matter into their own hands by purchasing transformers and using alternative energy production methods (generators, panels). A recommendation has been made to establish local committees and develop a permanent dialogue between the stakeholder The conflict between indigenous people and migrants in Bagira has also challenged peace actors. Although dialogue-based initiatives have been implemented by civil society organizations through the various dialogue forums, the level of conflict remains high between the two communities. This conflict cannot be positively transformed while some leaders continue to engage in AGAPE-Bagira Association. Photo by BM political manipulation, and other factors related to demographics and insecurity in neighboring territories persist. The capacities of local actors to cope with this conflict remain low, and actors remain cautious in relation to assertions of identity and claims over settlement and entry rights. Nevertheless, calls to raise awareness of dialogue, peaceful and social cohesion among all stakeholders could provide a framework for positively transforming the conflicts between the two communities. In terms of industrial waste management, some initiatives have already been undertaken, including the provision of garbage pits within plots and households; the use of garbage bags; a series of dialogues between civil society actors and Bralima; and the installation of public trash cans in Kanoshe. Civil society actors are actively involved in supporting the dialogue between the local population and Bralima. A successful example of this support can be found in the AGAPE organization’s cooperation with Bralima on joint waste management. Positive steps such as this are nevertheless undermined by a duplication of efforts by civil society organizations that are unable to pool their resources and seek to position themselves for rapid financial gain. One example can be found with two competing civil society platforms, each claiming to be the true representative with the official authorities. This failure by members of civil society to develop a common strategy and the absence of a sanitation and waste management plan in Bukavu are key drivers of tensions in relation to the issue of waste.
15 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV 3.2.2 PARTICIPATORY ACTION RESEARCH IN THE COMMUNES OF IBANDA AND BAGIRA Various conflicts were identified by the participatory analyses in the two communes. Five conflicts were then prioritized by the communities and these were then subjected to in-depth analysis. To move the conflict transformation process forward, the communities then agreed to focus on one conflict, with an associated consensual dialogue process. This produced a Participatory Action Research (PAR) in the commune of Bagira that focused on the conflict between the Mulambula and Cikera districts and the inadequate supply of drinking water. In the commune of Ibanda, the PAR focused on the conflict surrounding the bankruptcy of microfinance institutions and savings and credit cooperatives, a conflict between savers and managers/promoters.
OVERVIEW OF THE PAR PROCESS IN BAGIRA COMMUNE: CASE STUDY The overall objective was to collect data on the conflict surrounding the poor supply of drinking water in the Cikera and Mulambula districts in the commune of Bagira. Specifically, the initial aim of this participatory action research was to contact the various qualified informants and provide them with objective information on the chosen conflict. Six focus groups would then be organized, three per district, selecting targets using guidance criteria supplied by the key informants, and organizing mini-dialogues with the various stakeholders. Conflict Context: Causes, Factors and Actors The peri-urban districts of Cikera and Mulambula, and several other districts in Bukavu, suffer from a shortage of water, and even the facilities and equipment used to supply water that do exist are in a terrible condition. REGIDESO (the Democratic Republic of Congo’s public water utility company) is overwhelmed by an increased demand for water, while the water management system is inefficient and lacks appropriate equipment. Local initiatives funded by non-governmental organizations such as SYKASH have therefore been working to rehabilitate and maintain equipment with the support of communities, including fountains under the supervision of their respective local organizations, to facilitate the collection and control of water sources. Over time, however, management of these fountains in both villages has provoked conflict between stakeholders. Despite the efforts of the SYKASH NGO, which has been able to equip the three sources that are still operational, the number of people—especially women, girls and children—seeking safe drinking water continues to rise and as a result raises questions about how this resource can be managed. The conflict began with resentment over the fact that the water sources that feed the two districts come from the Cikera hills. To supply water to the inhabitants of Kasha, SYKASH collects SYKASH representative. Photo by BM water from the springs in Cikera, including Musiru, Kahonga, Lukonge, and transports it to the Mulambula district which has a high concentration of people who identify as indigenous but also newcomers. As a result, a decrease in the flow of water to the standpipes that supply the local population has been reported. Because of this decrease in water supply, the population of Cikera believed that SYKASH is biased in favor of the Mulambula district. This suspicion and frustration feed the current conflict. The UCECM was created in an attempt at reconciliation (Cikera and Mulambula Water Consumers' Union), with a committee made up of members from these two districts. This attempt at reconciliation has been challenging. Members from the Cikera district may pull out, citing the mismanagement and misallocation of funds contributed by consumers; committee members from the Cikera district have remained. The situation remains tense. According to the SYKASH representative:
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 16 “…the situation isn't that bad. We are doing everything we can to calm the leaders of both districts. We will shortly be organizing elections and all parties will meet in the new management committee...”
As a result of this PAR, representatives from these two districts and UCECEM and SYKASH agreed to find a negotiation framework that could transform this conflict. A good example is the development of the social cohesion plan at a workshop held in Bagira on April 4 2019.
During the workshop, the current president of UCECM remained relaxed despite the criticisms he faced. He did, however, denounce some Cikera leaders for manipulating young Social cohesion plan development workshop, Bagira. people for their own personal gain. Photo by BM
OVERVIEW OF THE PAR PROCESS IN IBANDA COMMUNE: CASE STUDY The socio-political, economic and security context in South Kivu has been volatile for more than two decades and has not encouraged peaceful coexistence between communities and entities, despite diverse efforts designed to mitigate its impact.
Following unpredictable events, the socio-economic activities of the various economic agents have acted as a safety valve and shock absorber for the Bukavu population. Households have worked to find ways to fight poverty. The objective of this PAR was to work with all stakeholders to identify mechanisms for dialogue that could both rebuild microfinance institutions and rehabilitate aggrieved savers. The aim was to restore the broken trust between members and promoters of the MFI/cooperatives concerned.
Conflict Context: Causes, Factors and Actors MFIs/cooperatives have provided services to their members who have benefited, directly or indirectly, from loans to meet their needs in challenging economic conditions, while the public authorities have failed to use their powers and are increasingly unable to address the concerns of the impoverished population. Unfortunately, local cases of bankruptcy, business failure and even premature death have been reported, with public authorities failing to offer the administrative or legal support that is expected from them.
The issue first arose during the panic of 2012 to 2016, when, in a crisis of confidence, a rush of savers began to permanently withdraw their savings due to insufficient liquidity in some MFIs, notably NYALUKEMBA, SOLIDARITY CHRISTIAN and MALIFEZA. Managers were forced to limit withdrawals or even close their doors sometimes under police supervision. This made the crisis worse and pushed investors to take action. Following the paralysis of economic and commercial activities in Bukavu, Savings and Credit Cooperatives (COOPEC) members experienced a slowdown in business due to the inability to repay loans. However, members' savings are often loaned out to other members, so this situation had a negative impact on the COOPECs’ liquidity.
Due to the involvement and commitment of some stakeholders in this conflict, mini-dialogues have been organized to identify ways and means to achieve a peacefully negotiated solution. The workshop on April 5 2019 was designed to develop a social cohesion and positive conflict transformation plan. However, during the mini-dialogues held prior to developing the social cohesion plan, concerns about the willingness of some key actors to actively and sincerely participate in the process began to emerge. One member of the Ibanda CLPD expressed the situation as follows:
17 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV “... the aggrieved parties (savers) were heavily involved in the mini-dialogues, unlike the MFIs/COOPEC, which just sent representatives who knew little about the issue. The same applies to the Central Bank of Congo, which hardly showed up at all because it was afraid of pressure from the savers and being held solely accountable. The competent public authorities are completely irrelevant and unable to do their job...”
At this stage, CLPDs remain willing to support the dialogue between the parties, but there is skepticism due to the sensitive nature of the conflict in question and a lack of involvement from key stakeholders in the process.
3.3 EVALUATION OF THE LOCAL FRAMEWORKS’ CAPACITY FOR CONFLICT TRANSFORMATION
Conducting two PARs in Bukavu is a remarkable and bold initiative by communities and stakeholders involved in the various conflicts analyzed in this report. With its inclusive and participatory approach, the research process allowed a range of stakeholders to take ownership of the process and develop potential solutions to their disagreements. However, it is important to note that these initiatives have been driven by both Congolese (ISPDE) and external (USAID) partners, so it is right to question how sustainable the gains made so far will be once these partners' funds have come to an end or been withdrawn. This issue is not only relevant to this research. It is also a genuine concern in most of eastern DRC where peace initiatives are entrusted to local peace and development frameworks, but the latter face serious structural, functional and empowerment challenges. This study also aims to acknowledge some general weaknesses in the field of peacebuilding and conflict transformation, and more specifically to mention the points raised by CLPD members and other key informants encountered in the field. The main weakness is the difficulty in harmonizing conflict transformation approaches across local peace structures. For example, CLPDs are created and set up in communes that contain CLPs and several other structures, set up under the impetus of national and international organizations. There are also Local Security Councils for Peace (CLSPs). The creation of overlapping structures duplicates activity in the same areas, with no consultation and cooperation framework in place. As a result, some of the members belong to several committees in different structures, leading to confusion within the supported communities. Civil society is also divided into several competing factions. One such case concerns Bagira, where two branches of civil society often approach Bralima in a disorganized manner to claim compensation for inhabitants affected by the conflict over industrial waste. In response, Bralima does not know which intermediary is the valid and legal contact person for any dialogue. The final key element raised by the members of the CLPD (Ibanda and Bagira) relates to empowerment and the sustainability of the progress achieved to date. This concern stems from the fact that members of the communities involved in the dialogue may no longer meet at the end of the project due to a lack of financial support from the partners. This also affects the CLPC, whose facilitators are somewhat skeptical about their ability to keep stakeholders in the conflict involved in the conflict transformation process without external financial support.
3.4 DRIVERS OF CONFLICT AND CONFLICT TRANSFORMATION PROCESSES
Analysis of these ten conflict drivers in Bukavu, and triangulating data from other sources in addition to the literature explored in this study, has helped to identify the links, similarities and differences between the conflicts. Consequently, it is clear that these conflicts are pathological, i.e. closely linked (and
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 18 dependent) at the interface of these two main drivers: weak/poor governance on the part of the province’s leadership, and the way in which residents occupy the city of Bukavu without any form of public housing policy. South Kivu province has been experiencing a situation of political instability since the time of the transitional government (2003-2006). In just 12 years, four governors have succeeded each other at the head of the provincial government, while in North Kivu, there has only been one governor over the same period. This political instability should be placed in the context of cohabitation arrangements between political actors. According to the “Roche” agreements, given the dominant Shi majority in the Provincial Assembly a Shi governor would be elected with ease, but the governor’s deputy would automatically be taken from the Lega ethnic group. The Shi community’s political strength has caused frustration in other communities over the past decade, with a similar situation found in other provinces since the establishment of democratic elections. In Bukavu’s case, cohabitation between a Shi governor and a Lega deputy-governor perfectly illustrates the divisions between the leaders of these two communities, fueled to a large extent by settlement of the mainly Shi territories of Walungu and Kabare. While the Rally for Congolese Democracy ruled the province, the population shift (or rural exodus) was smooth. The city of Bukavu itself, once an extension of Kabare territory, evolved into an extension of the predominantly Shi urban-rural settlement. Against a backdrop of armed conflict and inter-community conflict, Bukavu has attracted people from the country’s interior and, naturally, large numbers of Shi have arrived in the city’s different communes and districts. Unfortunately, this population shift has taken place without an urban planning process in place to create habitable spaces that meet urban standards. The other aspect here relates to governance and the challenges involved in managing state-owned companies when provincial authorities have devolved their powers in line with their decentralization agenda. In addition to this problem, there is the irregular nature (and often total lack) of any financial on-lending to the provinces under the terms of the DRC's constitution.
19 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV Figure 2: Main drivers of conflicts (communes of Ibanda and Bagira)
Governance Housing
Weak/Poor Unplanned
CONFLICTS
Divisions between political Rural exodus and lack of leaders at the head of the integration policy province (Shi vs. Lega) Insecurity (armed conflicts) Lack of compromise on use of Uncontrolled construction the budget Creation of districts without a Duality of devolved vs. land registry plan decentralized entities Corruption and lack of Lack of consensus re. transparency in land prioritizing needs (basic registration services services)
Ibanda commune conflicts Bagira commune conflicts Shortage of electricity Migrants and indigenous people re. land in Crisis of confidence population vs. Kasha security services Crisis of confidence population vs. security Plundering of Panzi cemetery services Recurring street brawls Cemetery plundering (Kanoshe and Mwisigiro) Water management (population vs. Waste management (population vs. Bralima) REGIDESO) Shortage of electricity (population vs. SNEL) PAR : MFI/COOPEC vs. savers PAR: Water management (Cikera and Mulambula)
The above diagram clearly shows that Bukavu’s conflicts are in fact direct consequences of a collapse in governance. A failure characterized by the inability to provide basic socio-economic services, coupled with a process of ruralization in the city of Bukavu that has been carried out with no respect for urban planning standards. Ultimately, these ten drivers are simply manifestations whose root causes remain structurally rooted in poor governance at all levels. This is therefore the major challenge facing peace actors.
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 20 3.5 CHALLENGES OF CONFLICT TRANSFORMATION IN THE FACE OF STRUCTURAL PROBLEMS
An important takeaway from the analyses into conflicts in the communes of Ibanda and Bagira is that their causes are structural, and that the actors and their interests constantly change in both time and space while the needs of the population remain and, even worse, multiply as the drivers that sustain them worsen. Any conflict transformation process must, therefore, be consistent in its approach. For some time, the methodological advantage of taking a participatory approach when identifying solutions to contemporary social problems has been because this method places actors involved in the conflict at the core of the search for solutions. However, assuming that communities are willing to take ownership of the conflict transformation process, this participatory approach faces many challenges when state authority is weak. The first challenge is what geopolitical scientists term the fixed relationship between actors, interests and needs. The issue here is that participatory conflict analysis often ends with a schematic and systemic description of cause-and-effect relationships. However, empirical experience and several attempts at participatory research in eastern DRC suggest that this schematic description is only useful when analyzing the context and identifying the actors and drivers of the conflicts that divide these actors; it would therefore be a purely superficial approach, and one that would fail to address the underlying causes. Bukavu is a perfect example of this. Although communities have prioritized ten conflicts, peace actors should simplify this further and find a realistic approach that could put priority actions into operation. Hence the analysis into the capacity of communities to tackle this difficult exercise. Another factor linked to the first challenge, and one that may mislead the conflict analyst, is the complete reliance on systemic analysis, which tends to automatically oversimplify cause-and-effect relationships. However, this approach to the actor-interest-need relationship often falls into the trap of focusing on the specific moment in time being observed by the researcher. In light of the diagram above, it is clear that neither of these two components (governance and housing processes) are static and that their relationships tend to be fluid. For example, a decision by the governor of the Shi community that would anger another community may lead to an armed group being formed in a given village. The resulting clashes would lead to the massive displacement of populations towards the city (or outskirts) of Bukavu. Based on this example, mapping this scenario would fail to explain all of the actual issues and motivations behind the governor's decision. It would simply be taking a complex situation and simplifying it into a simple ad hoc systemic analysis. The “politics of scale" concept as discussed among geopolitical scientists suggests that conflict analysis should not create, and certainly not legitimize, imaginary barriers (in the form of scales) between the local, provincial, national and regional levels. Stakeholders involved in the conflicts constantly navigate between these scales, not necessarily in a schematic way (horizontal or vertical or oscillatory), but rather in a fluid and dynamic manner. The second challenge (related to the first) is in overestimating the communities' capacities to address the structural causes of conflict. To prevent this, the process tends to produce frameworks for dialogue with unrealistic action plans. The third challenge is the inclusiveness of key actors. In most cases, key stakeholders are not involved in the solution-finding process. The sensitive nature of the issues that the communities deal with often prevents these stakeholders from presenting themselves as problem solvers. One striking example was given by a member of the Ibanda CLPC. According to his testimony, during the mini-dialogues, the “genuine respondents were not included in the dialogue; only their delegates were present”. Several PAR processes in eastern DRC encountered the same issue which, unfortunately, hinders the process since decision makers are absent at a crucial moment in time. The fourth challenge is linked to the third and relates to the duration of participatory action research activities. In theory, a PAR should run for a relatively long time and be provided with significant financial resources. In practice, it is clear that in the eastern part of the DRC some PARs last for just a few months.
21 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV This prevents permanent contact with the actors who started the process and hinders the implementation of roadmaps signed off by stakeholders. The conflict analysis presented in this report suggests that in terms of these conflicts, the transformation process should be based on continuous academic thinking with adequate resources. Each PAR process is a journey that generates its own lessons from which peace actors learn—not in a hurry to achieve results at any cost—but in conducting a high-quality process that places the dignity of communities at the center of any action.
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 22 CONCLUSION AND RECOMMENDATIONS
CONCLUSION
The context set out in this report clearly illustrates how important it is to take into account the dynamics of drivers that feed current tensions in Bukavu. The conflicts analyzed in the communes of Ibanda and Bagira are a concrete illustration of a failed system of governance, exacerbated by a housing process with no advance planning mechanism. The literature review explored in this study referred, among others, to the political theory that the absence of a strong state would lead to anarchy, which would itself generate, and then sustain, conflict. Seen in this light, Bukavu’s characteristics undoubtedly mirror those that surface when there is no strong central authority to regulate tensions and provide for the population’s basic needs. The issue here, however, is not the lack of laws or institutions. It is instead the misuse of laws by those in power. In other words, uncontrolled construction in Bukavu has been allowed to impact water pipes and electricity facilities because the land registry authorities have given the go ahead to build plots and the registrar of real estate titles has granted title deeds in a reckless way based on partisan interests. The ten conflicts analyzed as part of this study are in fact closely linked and similar conflicts are found in both communes. One example of a conflict found in both communes is the complaints about the shortage of water and electricity, a conflict between households and state services (SNEL and REGIDESO). Another being the plundering of spaces set aside for cemetery use. In his publication, Mukwege Buhendwa (2016:4790) focused on how the people of Bukavu perceive the lack of governance and its consequences on the public administration. The majority of his respondents felt that public officials have no deep-seated concept of accountability, there is a shortage of water and electricity and that a privileged group of people (political class) profits from public services at the expense of the majority of the population. In light of the above, it is clear that even the population believes that current problems, presented as conflicts, are due to a collapse in governance at the provincial and national levels. Nevertheless, this participatory conflict analysis exercise has successfully highlighted the voices and wishes of stakeholders. For many participants in the participatory research, the series of dialogues was a good opportunity to meet and talk face-to-face to find ways and means to arrive at solutions in a peaceful and negotiated way. The two themes of the PARs, in particular the conflict between MFIs and savers in Ibanda commune and water management in the Cikera and Mulambula districts in Bagira commune, are initiatives taken by different stakeholders that deserve technical, advisory and financial support. There are huge challenges given the current political context and the sensitive nature of the thematic dialogues, but the level of commitment is remarkable. What can be learned from the analysis of conflicts in Bukavu in terms of the SPR project’s theory of change? This study is a crucial step for the SPR-Amani kwa Maendeleo project, whose theory is based on the following concept: "Given the persistent dynamics of instability, recurrent local conflicts, patrimonial governance and the exclusion of women and marginalized groups, communities in the eastern part of the Democratic Republic of the Congo can better resist organic and external conflicts by strengthening social cohesion in these communities under the following conditions:
If communities in eastern DRC were able to analyze conflicts, they would develop impactful strategies. If Congolese women and other marginalized groups received knowledge and opportunities that would allow them to participate in decision-making, their participation would be visible in the results and in sustainable solutions. If community decision-making were inclusive and participatory, the result would be better solutions and greater social cohesion.
23 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV As we have seen, the conflicts analyzed in Bukavu are linked to governance and have structural causes. Nevertheless, since the process has been inclusive (for women and marginalized groups), it is a good start and special attention should be paid to continue these processes. The nature of the conflicts, their scope and dynamism can, however, exceed the capacity of established dialogue frameworks (CLPDs) to immediately address the structural causes of conflicts given the limited political will to resolve many of these issues. With this in mind, the SPR project’s objective of building the capacity of local communities to analyze and respond to conflict issues provides a base for communities to coalesce their interests and hold the state accountable over the long term. It also provides a base for more immediate, internal, responses to issues that the community themselves can do in the short-term. This study is neither a magic wand nor a perfect toolkit that can solve the problems mentioned in this report. Instead, it is an attempt to highlight the processes implemented by the parties to the conflicts through the support of the SPR- Amani kwa Maendeleo project and identify the strengths and weaknesses of these processes by offering new perspectives based on lessons drawn from current progress.
RECOMMENDATIONS
This study not only identifies the key stakeholders involved in the analyzed conflicts through participatory research, but also highlights major challenges. Challenges in terms of the complexity of the conflicts, and the levels of responsibility associated with actors involved in the conflicts at various levels. The recommendations are therefore as follows:
AT THE LOCAL LEVEL:
Build the capacities of members of the structures set up by the SPR project, notably in terms of advocacy work in the political space with actors and institutions, especially at the provincial level; Encourage and sustain the dialogue and conflict prevention initiatives launched by local structures, notably the CLPCs, even after the SPR project has come to an end; Support coordination and collaboration between peace structures to reduce/end the duplication of efforts/actions in the districts and communes of the Bukavu.
AT THE NATIONAL LEVEL:
Involve parent ministries (national and provincial) in the search for solutions to technical issues via a multi-sectoral committee in key sectors such as water and electricity management; Establish a framework for dialogue between local, provincial and national authorities to regularly discuss issues related to good governance.
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 24 BIBLIOGRAPHY
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25 | SURIVING UNDER IMPOSSIBLE CONDITIONS USAID.GOV ANNEXES Responsibility: ISPDE
Activities Participation Total WOMEN MEN Percentage
Number of Number of Other marginalize Other marginalize W M TOTAL d people d people Conflict over electricity supply and parallel management by 60 20 2 36 2 36.6% 63.3% 100% informal local committees Conflict related to clashes between sanitation police and street vendors on public streets in the city of Bukavu 60 16 4 38 2 33.3% 66.6% 100% Land conflict (easements, water pipes, LUZIBA main) and the plundering and desecration of Panzi and Rizizi cemeteries 60 20 2 36 2 36.6% 63.3% 100% Conflict related to access to or provision of drinking water between members of the district communities and REGIDESO 60 16 4 38 4 33.3% 66.6% 100% Conflict related to the crisis of confidence between the population and the political-administrative and security services 60 16 4 38 4 33.3% 66.6% 100% SUBTOTALS 300 88 16 186 16 Conflict related to the shortage of electricity between SNEL, the local informal electricity committees and the population 60 20 2 36 2 36.6% 63.3% 100% Land conflict related to the plundering of public easements and desecration of cemeteries between the communities and 60 20 2 36 2 36.6% 63.3% 100% the political-administrative authorities Identity conflict between the so-called "indigenous” population and the displaced or immigrant populations on the Kasha 60 20 2 36 2 36.6% 63.3% 100% axis Conflict related to the crisis of confidence between the security structures, local government and the population. 60 20 2 36 2 36.6% 63.3% 100% Conflict related to waste between the population in the districts, between the waterfront populations and the Bralima 60 20 2 36 2 36.6% 63.3% 100% and Pharmakina companies in the commune of Bagira TOTAL 300 100 10 180 10 36.6% 63.3% 100%
USAID.GOV SURIVING UNDER IMPOSSIBLE CONDITIONS | 26