Mutinies in the East: Beyond the ‘Terminator’

13 April 2012 by Thierry Vircoulon


The mutiny in DR Congo led by General Bosco Ntaganda, a.k.a
“Terminator”, who has been wanted by the International Criminal Court
(ICC) on war crimes charges since 2006, is not only a rule of law
issue; it is symptomatic of deeper, long-term and unaddressed
political problems.

The troubles in the army in Eastern Congo turned into a mutiny at the
beginning of April 2012.  However, they date back to the start of the
year when elements of the Congolese army began to defect in North and
South Kivu provinces, and in the Ituri district in Oriental Province.
But this time it was more serious, as the authorities faced a series
of defections by a specific part of the army in the East: units of the
National Congress for People’s Defence (CNDP) led by General Bosco
Ntaganda. Ntaganda replaced Laurent Nkunda, the rebel who led Tutsis
in North Kivu against the army and the United Nations in 2008. Not
only wanted by the ICC for war crimes, Ntaganda also faces accusations
in a UN Security Council report on the DRC of leading a trafficking
network of natural resources which allegedly has connections all the
way to the United States.

The ICC’s recent guilty verdict against Congolese warlord Thomas
Lubanga for conscripting and enlisting children under the age of
fifteen, along with foreign pressure, has apparently convinced
President Joseph Kabila to support the ICC’s pursuit of Ntaganda.
Ntaganda was an important figure to securing peace in the Kivus and
his CNDP supported Kabila in the November 2011 elections, but
nevertheless Congolese authorities are said to be determined to arrest
him. In order to protect their leader, some CNDP units began to defect
and flock to areas traditionally under their control in North Kivu,
raising fears of a new rebellion and a repeat of the 2008 crisis that
Nkunda triggered. In some areas (Baraka, Fizi and Walungu in South
Kivu), the defections have led to clashes and the assassination of
military officers by rebels and loyalists. Military reinforcements
have been urgently sent to the Kivus.

The mutiny by General Bosco Ntaganda resulted in a rush to North Kivu
by senior Congolese army officials, as well as the special
representative of the UN Secretary-General, and even President Kabila
himself. Loyalist forces, meanwhile, appear to have taken hold of
North Kivu, while the CNDP, as a political party, has distanced itself
from the mutiny. Ntaganda himself, who has gone into hiding, has said
he is willing to stand trial in a local court, although it is unclear
whether he and his troops would give up their mutiny.

The following factors reveal the precarious political and security
situation facing the DRC in the aftermath of the flawed elections in
November.

- The grip of militias on the Congolese army is increasing. The army
is a conglomerate of militias, in some cases led by suspected war
criminals. Described as a peace offering in 2009, the integration of
the CNDP into the army paved the way for their silent military and
economic takeover of the Kivus (i.e.: parallel command, refusal to be
deployed outside the Kivus, predation against civilians, smuggling of
raw materials and land grabbing). Indeed the CNDP demonstrated that
integration could be used to make money. All heads of militias
integrated into the Congolese army in the East before the 2011
elections claimed similar privileges to those of the CNDP. In a sense,
through integration, the militias have absorbed the Congolese army
more than the army has absorbed the militias.

- Since the fraudulent elections of 2011, the DRC has been adrift. The
death in February of Katumba Mwanke, the president’s right-hand man,
has deeply shaken the leadership. Formation of the new government is
taking a long time. Administrative and military authorities are thin,
resulting in a power vacuum in some areas. The electoral commission is
unable to announce a date for the provincial elections, while the
five-year mandate of the senate and provincial assemblies has come to
an end. The absence of an effective central control has left the
peripheries to their unstable dynamics. In North Kivu, beyond the
personal case of Bosco Ntaganda, the political representation of the
CNDP and the Congolese Tutsis is at stake. The 2011 elections that
were supposed to facilitate the CNDP’s entry into national and
provincial politics were cancelled in its stronghold of Masisi
territory because of fraud. This decision leaves open the question of
the movement’s role and the balance of power between communities in
North Kivu. Only new elections in Masisi can help to settle the
balance of power in the province.

Military and political governance mirror each other, with the unsteady
equilibrium of the army reflecting that within the Congolese political
class. Regardless of the consequences of Bosco Ntaganda’s defection,
for Western donors, the “Terminator’s” mutiny in North Kivu should be
an opportunity to rethink some policies and respond to emerging
developments, including:
 1.Major shortcomings in army reform, despite the significant
investments of many Congolese and donors.
 2.Short-term deals with individual militia leaders eroding the
sustainable governance of Congolese security institutions.
 3.Intrumentalisation of the ICC warrants by the Congolese government,
which trades the arrest of war criminals for political support from
western countries.
 4.The weakening of the presidency since the flawed elections and
Mwanke’s death, increasing the danger that the DR Congo will be even
less consistently governed.


Author: Thierry Vircoulon

Thierry Vircoulon is the Central Africa Project Director based in
Nairobi, Kenya. He is a graduate from the French Public Management
Institute (ENA) and the Institute for Political Studies in Paris. He
holds a masters degree in Political Science from Sorbonne University.
He has previously worked for the French Foreign Ministry and the
European Commission, notably in South Africa and the Democratic
Republic of Congo. Most of his work is focusing on governance and SSR.
He is also part of the OECD group of experts on statebuilding and
peacebuilding.

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