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On the other hand, the national liberation mode of politics which opened up with the independence of India, died with the assassination of Salvador Allende and Amilcar Cabral in 1973. That was the most active period of transformative politics the world has seen — with leaders such as Ghandi, Mao Tse-tung, Fidel Castro, Frantz Fanon, Ho Chi Minh. The imposition of draconian structural adjustment programmes on impoverished countries, and the recent very aggressive imperial interventions — in Iraq, Afghanistan, Haiti, Lebanon, and the protracted resistance of people in those countries, are reawakening hope for other active, transformative politics in the world.

From the very beginning, with the precipitous granting of independence on 30 June 1960 by Belgium, the Congolese have never had a chance, by themselves and without external interference, to debate the parameters of the definition of the crisis they have protractedly been facing since the crusaders of the Cold War dismantled the nationalist regime and assassinated Patrice Lumumba. Even the so-called Sovereign National Conference (SNC), singling out Mobutu as the cause of every evil, ended up failing to grasp the significance of the impact of the Cold War on the country. It finally adopted a proposal by Herman Cohen — a former US under secretary of state for African Affairs — to keep Mobutu in power and reduce only his powers. Such a solution, later on, turned into a farce.

The elections were organised mostly on the basis of external financing. This gave external forces the leverage to control the process, its pace, scope and order of priorities. Ascendancy to their preferences made a mockery of national sovereignty in the elections: of the democratic project as a whole. Almost no funds were allocated to the crucial task of civic education for the electorate.

Very briefly, the so-called democratic project has been, in the DRC, another process of grafting a Western experience of democracy, reduced to a 'universal model', on to an ill-prepared and un-attendant Congolese political soil, justified, aposteriori, as a necessary consequence of globalisation.

If if is the case that the Bakongo nation consisted of all the consistent anti-colonialists from 1921 (with Kimbangu’s Kintwadi) up until to 1959 (January 4th uprising), the core of the Congolese nation struggling for national independence,as F. Fanon and A. Cabral asserted, one should not be surprised that some of their descendants are leading the struggle against corrupting democracy.

The British political problem was how to administer and rule mobile semi-pastoral communities with a tradition that combined independence with co-existence in a multi-ethnic region. Their solution was to politicise ethnic identity in a series of steps.

Ironically, when an autonomous South Sudan began to organise its local government after 2005, it built on the British colonial model rather than attempting to reform it.

From the Boll rebellion that led to the establishment of SPLA in 1983 to independence in 2011 and now, every internal power struggle inside the SPLM has had personal, political and ideological dimensions.

Two issues have featured prominently in the mobilisation by ambitious leaders: parity of community (ethnic) representation in the new power, and different views on the direction in which that power would move.

Garang’s great contribution was to inspire a vision that made possible a single rallying point around which to mobilise discontent throughout Sudan. His single most important failing was to subordinate this vision to the struggle for power and personal ambition. Faced with the demand for reform, Garang moved to consolidate power.

Amnesty has turned into a massive payout of the national budget as a way to retain the loyalty of commanders. South African sources estimate that over 50% of the government’s budget was going into paying the armed forces before the December 15 rebellion. The government’s wage bill, they told IRIN, accounts for about 80% of the military budget.

When the Nuer officers resisted, the whole affair got out of hand. On their part, government officials described it as an “unsuccessful coup attempt by Dr. Riek Machar in collaboration with a number of former cabinet ministers.” In his speech in Angola a few days after Ugandan troops intervened in this conflict, President Museveni admitted there were two versions of what happened on December 15, and that there was as yet no way of telling which was right. And yet, Ugandan troops intervened in support of one side and against the other.

Already, there are civil society groups calling on the “international community” (in particular, the ICC) to hold accountable all perpetrators of gross violence. At the same time, there is a chorus of voices calling for a return to power-sharing. Both are likely to prove counter-productive.

Jok Madut Jok, one of the country’s leading intellectuals, answered with obvious resignation, referring to President Kiir and his former deputy Riek Machar: “The two men will eventually sit down, resolve their issues, laugh for the cameras, and the thousands of civilians who have died will not be accounted for.” Without political reform, reconciliation and power-sharing will more than likely be a dress rehearsal for another crisis.

Whereas in South Africa, it was the end of the Cold War that made room for internal forces to arrive at a political resolution of the conflict, the situation in South Sudan is radically different: it will need greater involvement from the region to create conditions for meaningful reform. For this to be possible, one needs to keep in mind both the internal and the external reality.

I want to suggest that South Africa offers us deeper lessons. To begin with, it calls on us to broaden and deepen our notion of justice. In the era that followed independence, we thought of justice as mainly social justice. Today, we have narrowed down the understanding of justice to criminal justice, with lawyers as its primary custodians.

The negotiations that ended apartheid brought us political justice. That political justice was a reform of the political system – an end to juridical and political apartheid.

The twist in Darfur had to do with relations between peasants and nomads. Nomads have a soft notion of borders. They move across borders. So the British decided that nomads who move over large areas of land shall have no tribal homeland. These were the nomads of northern Darfur, the northern Rizeigat.

How is this relevant to Kenya? Think of the violence in the Rift Valley. The deep background is colonial. The details are different. But the questions are the same: who has right to land? This is not a question of right against wrong, but right against right. In contention are two sets of rights, each with a different history; one colonial, the other post-colonial; one tribal/ethnic, the other national. The perpetrators may be different, but the issues are not so different.

In Kenya, you have had two experiences over the past few decades. The first was the national movement for a constitutional reform. You forged a national coalition, a coalition across ethnic and ideological boundaries. My friend Willy Mutunga called it ‘Constitution-making from the Middle. This attempt at political reform was an exemplary effort, one that inspired the region. But you failed to build on it. Instead, you turned to a contradictory initiative – don’t be vague, go to Hague. The Hague initiative undercut the gains made in the earlier period. Whatever national movement you had built around the constitutional reform process was split along ethnic lines, as each side mobilized in pursuit of revenge, rather than reform, and a different breed of lawyers took over.

Soon after the end of apartheid, its lessons were followed in Mozambique, where Renamo had unleashed the most brutal terror against children and women. It was a practice reminiscent of the kind of terror unleashed by LRA in Uganda. That is where the similarity between Uganda and Mozambique ends. The two governments followed entirely different paths: a political reform in Mozambique, and war and punishment in Uganda. You only need to look at the consequences to appreciate the difference: the war is over in Mozambique where the leadership of Renamo sits in Parliament. The war continues in Uganda where the leadership of LRA is still on the run.

I want to argue that the issue for us today, the big issue, is political violence. This violence is testimony that we have failed to come to grips with the legacy of colonialism – and the challenge of decolonization

The first set of concessions is what Joe Slovo, the Secretary-General of the Communist Party, called sunset clauses. They promised that the personnel of the old apartheid state – including its security forces, judiciary and civil service – would survive into the post-apartheid order. The state personnel were granted impunity. Only the political establishment had to subject itself to an inclusive electoral process. Second, there was constitutional protection for white-owned property; this protection was translated into a local government law. Third, there were no court trials of perpetrators; there was no judicial process. Instead, there was an amnesty for all. The much-lauded TRC really functioned as a mock quasi-judicial process: no matter the quality of the truth offered, it had no choice but to grant amnesty. Apartheid did not end in the courts. Its end was negotiated at the conference table. It could not have been otherwise, for at least one reason.

Perhaps the most instructive is the case of Zimbabwe, where SADCC under Thabo Mbeki successfully resisted demands by the West that the region isolate Zimbabwe through sanctions. The result was to give time for an internal dialogue. Contrast this with Kenya where the ‘international community’ – along with an influential internal constituency – distorted the internal political process by threatening to give priority to court trials. It is of secondary significance whether these trials were to be internal or international.

In Katanga, where the Union Minière du Haut-Katanga – a partnership formed in 1906 between King Leopold II, the Société Générale de Belgique and British interests – demanded a flow of cheap labour to exploit the region’s mineral resources, the government obliged with a series of decrees, in 1906, 1910 and 1933, requiring that each ‘tribe’ be identified, separated and resettled in its own ‘homeland’, supervised by its own native authority. One district commissioner complained of his duties that some ethnic groups were ‘totally jumbled’: ‘It will be very difficult to organise them.’ The separation was accomplished between 1925 and 1930, by means of ethnic cleansing.

When they confronted the militant Luba trade unions in the mines of Katanga, the Belgians forged an alliance with the indigenous Lunda, and proclaimed a coalition of ‘civilisers’ and ‘authentic Katangans’.

The government of the newly independent Congo responded to the secession in Katanga by sending in troops. Ordered to also put down the South Kasai secession on their way to Katanga, the Congolese National Army went on a rampage, slaughtering civilians. Georges Nzongola-Ntalaja, the Congolese political historian, has argued that the prime minister, Patrice Lumumba, committed his ‘first major political blunder’ when instead of seeking to heal the rift in a ‘bitter inter-ethnic conflict’ between ‘indigènes’ and ‘non-indigènes’, he chose to side with one group against another. His political enemies held Lumumba responsible for the ensuing political violence; on 5 September 1960 Dag Hammarskjöld, the UN secretary general, described it as ‘genocide’. On the same day, the president, Joseph Kasa-Vubu, dismissed Lumumba.

A census tagged every villager as a ‘native’ of a particular tribal homeland. ‘Forced relocations,’ Johan Pottier writes, ‘were the norm.’

Part constitutional conference, part transitional government, the CNS was meant to be the mechanism that took Zaire into the post-Cold War world of multiparty democracy.

The proceedings of the CNS were televised throughout urban Congo, inspiring the growth of civic organisations and strengthening the opposition, but as it prepared to deal with two of the most sensitive dossiers on its agenda – ill-gotten gains and political assassinations – the conference was abruptly closed in December 1992 and never reconvened. This was a sign of the regime’s continuing strength, and the fragility of the opposition. The key weakness of the opposition was that it failed to move away from nativist definitions of political belonging, which fragmented it again and again, to an inclusive understanding of citizenship, which might have appealed to immigrants who had come to Congo at different periods and united them in a single movement.

The existence of the Hutu camps, armed and funded, and home to two million refugees or more, had a devastating effect on civilian life in Kivu. It led to the dollarisation of the economy and price rises (including rents) well beyond the reach of local people. As the Interahamwe unleashed a regime of terror against Congolese Tutsi, another wave of younger men moved across the border to enlist in the RPF. Among them was Laurent Nkunda, the future commander of the notorious Banyamulenge militia (Tutsi), wanted for war crimes in Congo and now detained in Rwanda. The anatomy of political life in Kivu began to resemble that of Rwanda just before the genocide, where every political party had its own militia: in Kivu, every native authority began to acquire one.

Two conferences have been held to try to halt the conflict in Congo, the first in Lusaka, Zambia, in 1999, the second in Sun City, South Africa, in 2002. The Lusaka agreement required the foreign forces to withdraw and the local militias to disarm under UN auspices. Sun City, by contrast, bore a recognisably South African imprint: opposition groups would participate in the transitional government, the national assembly and the senate, while the militias – numbering anywhere between 50,000 and 300,000 men – would be integrated into the new national army along with former rebels, in a process known as ‘brassage’.

Why lump rebels and local militias together when the first were organised along ideological lines as a supra-local army and the second were largely a local phenomenon tied to specific communities?

The supreme difficulty in Congo, as I’ve said, is the persistence of the native authority, which, for all the complexities of ethnicity, is still in place as an organising principle. It is now the terrain on which new forms of political authority, flaunted by young men bearing arms, confront older forms steeped in patriarchal tradition. (This same confrontation has also unfolded in Northern Uganda and Sierra Leone, where youth-led rebellions have eroded older kinds of authority.)

Even the worst perpetrators of violence in Congo must be understood as human actors caught up in a conflict that started with the colonial conquest a century ago. That means shifting the focus from individual acts to the cycle of violence, from atrocities to the issues that drive them. Instead of recognising and facing the real challenge – to reform the native authority so that local militias can be held politically accountable – the ‘international community’ has chosen to induct them into a ballooning, dysfunctional colonial-style army, leaving the native authority to grind along unchanged.