Defining Relevant Research Concepts

Africa’s Great Lakes Region: There are divergent views as to what exactly constitutes the Africa’s Great Lakes Region, hence the need for a definition. Furthermore, an unqualified reference to the Great Lakes Region implies to many, especially in the Western World understanding, the region of North America, formed by the Great

51 Lund, M. (2006). ‘Human Rights: A Source of Conflict, State Making and State Breaking’ in Mertus

& Helsing, supra note 6, p. 39

52 Ibid, p.26.

Lakes of Superior, Michigan, Huron, Ontario and Erie.⁵³ Even when it is clear that it is Africa’s Great Lakes Region, definitions vary.⁵⁴ One considers the core countries to include Burundi, the Democratic Republic of Congo (DRC),⁵⁵ Kenya, Rwanda, Tanzania and Uganda; and parts of other countries, notably the Central African Republic, Chad, Congo Brazzaville, Sudan and Zambia.⁵⁶ A second definition considers the region as that part of Africa which encompasses the countries of Burundi, the DRC, Kenya, Rwanda, Tanzania, Uganda, Ethiopia, Eritrea and Sudan.

The third definition is a narrower one, which considers the Great Lakes Region as being the same as the Interlacustrine region.⁵⁷ In this definition, the area includes Burundi, the DRC, Eastern Kenya, Rwanda, Northern Tanzania and Uganda. A fourth perspective considers the Africa’s Great Lakes Region as constituting only the six countries of Burundi, the DRC, Kenya, Rwanda, Tanzania and Uganda.⁵⁸

Given the historical developments in the Africa’s Great Lakes Conflicts, which are of concern to this study, the last definition is preferred. ⁵⁹

It must be admitted that the Great Lakes is a geopolitical concept and a recent one. In fact, the concept itself is intricately intertwined with the region’s troubled history;⁶⁰ and any description of the area must be contextual if confusion is to be avoided. The

53 Karni, M et al (Eds.), (1975). The Finnish Experience in the Western Great Lakes: News Perspectives, Turku: Institute for Migration, p.34.

54 Mpangala, G and Mwansasu, B (eds) (2004), Beyond Conflict in Burundi, Dar es Salaam: The Mwalimu Nyerere Foundation, p.388.

55 In order to avoid any confusion with the other Congo, we use “the DRC” to refers to Congo-Kinshasa as opposed to Congo-Brazzaville; formerly the Congo Free State under King Leopold II (1885-1908); the Belgian Congo under the Belgian colonial administration (1908-1960); known also as Zaire (from 1972 to 1997); and renamed the Democratic Republic of Congo by Laurent Kabila when he overthrew Mobutu Sese Seko who misruled the country for 32 years. Where the context so admits, we also use “Congo” to refer to the same. The DRC is the third largest country in Africa, situated on the Equator and bordering nine other countries and with a population estimated to be 55 million people.

After Sudan, it is the largest country in Sub-Saharan Africa. It is made up of many ethnic groups. The largest amongst them are the Kongo, Kwangu-Kwilu, Mongo, Bwaka, Luba and Zande. The country is no less diverse linguistically. The DRC is richly endowed with natural resources, including diamonds, which are its most valuable export. Other valuable mineral assets include gold, copper, cobalt, casserite and coltan. It also has enormous timber resources. An estimated 4 million Congolese have died as a result of conflict over the last decade.

56 This definition follows the geographical extension of the area of the Southern African Development Community (SADC).

57 See also Mpangala, G. (2004), ‘Origins of Political Conflicts and Peace Building in the Great Lakes Region,’ Institute of Development Studies, University of Dar Es salaam, Paper presented at a Symposium on “Ramifications of Instability in the Great Lakes Zone” Arusha, February 2004, p.6. (On file with the Author).

58 Ibid

59 Uurtimo, Y and Väyrynen, T (Eds) (2000). ’Peace-Building in the Great Lakes Region of Africa,’

Tampere Peace Research Institute. Occasional Papers No.79, p.15

60 See Nzongola, supra note 22, p. 43.

name derives from the system of lakes and tributaries draining the central section of the Rift Valley of Africa. The Great Lakes in the system, some of which were named after European Monarchs by the first European travellers to see them, are Lakes Victoria, Tanganyika, Kioga, Kivu, Edward and Lake Albert. Lake Victoria is the second largest lake in the World and the largest in Africa, while Tanganyika is the second largest in Africa and the fifth largest in the World.⁶¹

It is important to note however that although the concept of the Africa’s Great Lakes may be a recent phenomenon in the international discussions, the countries in the region have had a long historical linkage. Such linkages are traceable from the developments of centralized states around the interlacustrine region in the 13^th century A.D,⁶² the long distance trade which linked all the six countries in the region,⁶³ colonialism⁶⁴ and recently by violent conflicts.

This region, which has since the 1960s, been the arena of civil strife of an often protracted nature⁶⁵ has sometimes been described as a “conflict system” with mutual interdependencies. These include the potential for the prolongation and extension of violence conflict, as for potential for conflict resolution.⁶⁶ It is a region that has been in turmoil for the last four decades with the violent conflicts particularly in the DRC, Burundi and Rwanda. The civil war in the latter was characterized by widespread acts of genocide culminating in the killings of a minimum of 800,000 people in 1994.⁶⁷ This catastrophic event was a logical outcome of an ideology and politics of exclusion that had generated earlier episodes of large-scale massacres and the flight of Rwandans of Tutsi origin into exile. But the roots of the genocide ideology lie deep in the history of ethnic identity construction and mobilization under colonial rule. The

61Ibid.

62 The period was marked with the interactions between the Hima and Nilotic pastoralists from the North with the Bantu agriculturalists, giving rise to the formation of centralized states around the region

63 See Mpangala and Mwansau, supra note 54. The period also marked the beginning of the spread of Kiswahili language within the region.

64German East Africa, which lasted for thirty years, constituted Tanzania Mainland, Rwanda and Burundi. Following defeat of the Germans during the First World War, Rwanda and Burundi came to be linked to the DR Congo under the Belgian Colonial rule, while Kenya, Tanzania and Uganda were linked under British colonialism.

65 Rwanda, Burundi and the DRC have experienced violent conflicts of varying degrees since colonial rule, and especially since the 1960s.

66 Uurtimo and Väyrynen, supra note 59.

67 Ibid.

variety of protracted conflicts with different degrees of escalation faced by these countries is what came to be described as the “Africa’s Great Lakes Conflicts.”⁶⁸

Conflict: From the Latin for ‘to clash or engage in a fight’, a confrontation between one or more parties aspiring towards incompatible or competitive means or ends.⁶⁹ Conflict may be either manifest, recognizable through actions or behaviours, or latent, in which case it remains dormant for some time, as incompatibilities are unarticulated or are built into systems or such institutional arrangements as governments, corporations, or even civil society.⁷⁰ Within the field of international relations, Peter Wallensteen⁷¹ identifies three general forms of conflict: interstate, internal, and state-formation conflicts. Interstate conflicts are disputes between nation-states or violations of the state system of alliances. The international community, however, has become increasingly concerned with the rise in frequency and intensity of internal conflicts, which are contributing to the expanding nature, sophistication, and, at times, legitimization of interventionist policies. Examples of internal and state-formation conflicts include civil and ethnic wars, anti-colonial struggles, secessionist and autonomous movements, territorial conflicts, and battles over control of government.

Today, attention has also focused on ‘global conflicts’, where non-state groups combat international and regional organizations.⁷²

A primary assumption underlying this study is that conflict is a natural, normal and inevitable part of life.⁷³ This implies that conflict as a social and political phenomenon cannot be eliminated, prevented, or resolved. The challenge is to manage it in a constructive way that allows for the expression of discord and legitimate struggle without violence. One can, however, speak of the resolution and prevention of a specific conflict concerning a particular issue or set of issues.

68Ibid.

69 See Havermans, J. (1999). Conflict Prevention and Peace-building in Africa: Report of the Conference Organised by the European Centre for Conflict Prevention, The Hague: European Centre for Conflict Prevention.

70 Laakso, L. (Ed.). (2002). Regional Integration for Conflict Prevention and Peace Building in Africa:

Europe, SADC, and ECOWAS. Helsinki: Hakapaino Oy, p. 35.

71 See Wallensteen, P. (2002) Understanding Conflict Resolution: War, Peace and the Global System, London, London: Sage Publications, p. 209.

72 Ibid, p. 221.

73 Peck, supra note 16

International law recognizes at least four different types of conflict situations, each of which is governed by a different set of legal norms: (i.) situations of tensions and disturbances; (ii.) international armed conflicts; (iii.) wars of national liberation; and (iv.) internal armed conflicts.

Situations of Internal Tensions and Disturbances: The term “internal tensions and disturbances” refers to situations that fall short of armed conflict, but involve the use of force and other repressive measures by a government to maintain or restore public order or public safety.⁷⁴ Only IHRL applies in such situations, although it should be noted that governments are permitted to derogate from or limit a restricted set of obligations under IHRL in the context of tensions and disturbances.⁷⁵

International Armed Conflict: The term “international armed conflict” refers to situations that involve two or more states engaged in armed conflict. In such situations, the central provisions of IHL become operative, particularly those contained in the four Geneva Conventions and Protocol I to the Geneva Conventions.

In addition, most human rights guarantees remain applicable in such situations, albeit subject to the same types of derogations and limitations permitted to governments in situations of internal tensions and disturbances.

Wars of National Liberation: The term “wars of national liberation” refers to armed conflicts in which “peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right to self-determination.”⁷⁶ Generally speaking, the same provisions of IHL and IHRL that

74 A non-exhaustive list of examples of situations of tensions and internal disturbances are provided in Article 1(2) of Protocol II to the Geneva Conventions, and include “riots, isolated and sporadic acts of violence and other acts of a similar nature.” Article 1(2) expressly provides that Protocol II does not apply to situations of tensions and disturbances.

75 Many IHRL treaties, including the ICCPR (Articles 12, 13, 18, 21 and 22) and the CRC (Articles 10, 14 and 15), contain limitation clauses that permit governments to lawfully restrict the free exercise of certain rights in such situations. For example, a government may legitimately impose restrictions on freedom of movement in an environment in which riots are occurring without actually violating the right to freedom of movement of affected persons. However, such restrictions are in general only permissible to the extent that they are (i.) prescribed by law, and (ii.) strictly necessary for achieving their legitimate purposes. Some IHRL treaties also contain derogation clauses, which permit states to temporarily derogate from (i.e., suspend) certain guarantees in times of genuine public emergency.

However, treaties containing derogation clauses typically list several rights that cannot be suspended even in times of emergency.

76 Article 1(4) of Protocol I to the Geneva Conventions.

apply in the context of international armed conflict apply equally in the context of wars of national liberation.⁷⁷

Internal Armed Conflict: The term “internal armed conflict” refers to all armed conflicts that cannot be characterized as either international armed conflicts or wars of national liberation.⁷⁸ Protocol II provides that internal armed conflicts “must take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement (Protocol II).”⁷⁹ The ICTY Appeals Chamber has further refined this definition, inter alia, in its landmark decision, Prosecutor v. Dusko Tadic a/k/a “Dule”.⁸⁰

This study will refer to "violent" or "armed" conflict if direct, physical violence is involved, and will simply use the term "conflict" if violence is not an issue. Where the term "prevention" is used, it refers to the prevention of violent or armed conflict, and the study focuses mostly on intra-state conflict rather than inter-state conflict.⁸¹ Conflict management: Like the associate term ‘conflict regulation’, is sometimes used as a generic term to cover the whole gamut of positive conflict handling, but is used here to refer to the limitation, mitigation and containment of violent conflict.

Interventionist efforts towards preventing the escalation and negative effects, especially violent ones, of ongoing conflicts. Rarely are conflicts completely resolved.

77 Ibid. It should be noted, however, that different legal norms would apply in a state that is not party to Protocol I, since the Geneva Conventions do not cover wars of national liberation.

78 Article 1(1) of Protocol II to the Geneva Conventions.

79 In contrast to Protocol II, Common Article 3 to the Geneva Conventions does not provide a definition of internal armed conflicts, but simply refers to them as “armed conflict(s) not of an international character occurring in the territory of one of the High Contracting Parties”. Thus, Common Article 3 appears to establish a threshold for application that is lower than that found in Protocol II. For an analysis of the conditions of application of Common Article 3, see paragraphs 215-220 of the ICJ decision in Military and Paramilitary Activities in and against Nicaragua (Nicaragua v.

United States of America), 1986 I.C.J. 14 (June 27). Also, for a lucid assessment of the difficulties in establishing when Protocol II applies, see Arturo Carillo, Hors de Logique: Contemporary Issues in International Humanitarian Law as Applied to Internal Armed Conflict, 15 AM. U. INT’L L. REV. 1, at 66-97.

80 No. IT-94-1-AR72, Appeal on Jurisdiction, paras. 66-70 (October 2, 1995), 35 I.L.M. 32 (1996).

Among other things, the ICTY Appeals Chamber provided useful clarifications regarding the appropriate geographic and temporal frames of reference for internal armed conflicts.

81 Miller, C. (2005). A Glossary of Terms and Concepts in Peace and Conflict Studies, 2^nd Edn, Addis Ababa: University for Peace.

More often, they are reduced, downgraded, or contained. Such developments can be followed by a reorientation of the issue, reconstitution of the divisions among conflicting parties, or even by a re-emergence of past issues or grievances. Conflict management when actively conducted is, therefore, a constant process.⁸²

A variety of techniques have been identified and employed in conflict management efforts. The following are the most prominent: First, conflicting parties are brought together to establish a mutual agreement. Second, governments or third parties to the strife may directly intervene to introduce or impose a decision. Third, new initiatives, programmes, or institutional structures (for example, elections) are implemented to address the conflict in question. Fourth, contending parties are compelled or coerced to utilize previously established means of resolution or containment. Fifth, government or another third party may use coercion to eliminate or instill fear among one or all those engaged in a given conflict, leading to subsidence.

Conflict management should not be viewed as a simple, linear or structured process.

Those assuming or charged with such a task must usually overcome an intensely chaotic situation. Conflicts are frequently managed directly by the society in which they occur. When not possible or when conflicts become national in scope, government normally assumes the task, provided it is not a party to the conflict. In cases where the government is unable or unwilling to intervene, international organizations increasingly assume the role of conflict manager.

Conflict prevention: The anticipation of conflict that seeks to redress causal grievances to avoid the escalation of violent forms of conflict engagement or to curtail the re-occurrence of violent exchanges or some combination of these elements. The term ‘conflict prevention’ can be misleading, because theoretically none of the aforementioned aspects aspire to ‘prevent’ conflict as such. Instead, the aim is often to resolve a conflict at hand or more typically to prevent escalation or violent manifestations, through conflict management mechanisms. Although at times referred to as ‘preventive diplomacy’ and ‘crisis prevention’, such activities usually involve maintaining the status quo due to potential threats associated with crises or the anticipated outcomes from engaging in a dispute. Conflict prevention, however,

82 See Peck, supra note 16 p. 24.

recognizes that in order to avoid the catastrophes associated with strife, particularly violent upheaval, change is usually necessary, for example, through new institutions, revitalized processes, or the sharing of power.

In any case, conflict prevention as an approach relies heavily on accurate analysis of any latent or minor disputes in the hope of identifying appropriate strategies for resolution or intervention. Such efforts are collectively categorized as ‘early warning systems’, which vary in complexity and approach. They may include fact-finding missions, consultations, inspections, report mechanisms, and monitoring.⁸³ The predictive nature of conflict prevention raises several issues, particularly regarding the timing of intervention and the possibility of precipitating pre-emptive action by parties beyond the conflict.

Humanitarian and moral concerns are often insufficient for initiating effective conflict prevention efforts, even in the face of egregiously violent circumstances. As a result, numerous arguments are put forth on behalf of conflict prevention, for example, geo-strategic concerns, security interests, cost-benefit analyses, and refugee issues.

Despite the increasing technical capacity and human ability to identify deadly conflicts before they erupt, as well as the likelihood of extreme costs in life, social cohesion, and regional instability, conflict prevention remains in the realm of theory more than practice.⁸⁴

Conflict prevention has predominantly been viewed as the task, if not the responsibility, of international organizations or nation-states neutral to the given conflict. It, however, does not necessarily, nor should it depend solely, on external parties. The most effective method of conflict prevention, although not described as such, is accountable governance, whereby citizens and groups have access to effective avenues and mechanisms for resolving the range of disputes and conflicts that ordinarily arise within societies. Such access not only involves governmental structures, but also requires the cooperation of civil societies and business communities. This is particularly true in settings where violent conflict has already

83Mac, A and Furlong, K. ‘When Aspiration Exceed Capability: The UN and Conflict Prevention’ in Price and Zacher, supra note 18, p. 60.

84 Ibid.

occurred and conflict prevention focuses on inhibiting recurrences, for example through some form of reconciliation.

According to Michael Lund, conflict prevention entails “any structure or interactive means to keep intrastate and interstate tensions and disputes from escalating into significant violence and to strengthen the capabilities to resolve such quarrels peacefully as well as alleviating the underlying problems that produce them, including forestalling the spread of hostilities into new places.”⁸⁵ Thus, it is a medium and long-term strategy instead of short-term, undertaken by a variety of actors, intended to create a stable and fair environment. There are other terms which are similar to conflict prevention such as prevention action, preventive engagement, preventive deployment, which are used very loosely and even interchangeably with other phrases such as peacemaking, conflict management, conflict resolution, democracy building

According to Michael Lund, conflict prevention entails “any structure or interactive means to keep intrastate and interstate tensions and disputes from escalating into significant violence and to strengthen the capabilities to resolve such quarrels peacefully as well as alleviating the underlying problems that produce them, including forestalling the spread of hostilities into new places.”⁸⁵ Thus, it is a medium and long-term strategy instead of short-term, undertaken by a variety of actors, intended to create a stable and fair environment. There are other terms which are similar to conflict prevention such as prevention action, preventive engagement, preventive deployment, which are used very loosely and even interchangeably with other phrases such as peacemaking, conflict management, conflict resolution, democracy building

In document A Human rights approach to conflict prevention, management and resolution in the Africa’s Great lakes region : A Focus on the DRC conflict (sivua 32-44)