By Edgar Muvunyi Tabaro
There were joint media statements signed by both UPDF and FARDC spokespersons Brigadier Flavia Byekwaso and Maj.
Gen. Leon-Richard Cibangu on 30 November 2021 wherein it was announced that UPDF had begun a joint operation with the Armed Forces of the Democratic Republic of Congo (FARDC) against the Allied Defence Forces (ADF) group where Air and artillery fire to attack ADF positions and that “operations against the terrorists will continue as we look _for other targets of opportunity during ground operations”.
The bold and and italics are my own for emphasis that forms the raft for this article.
On Wednesday 8th December Hon. Vincent Bamulangaki Ssempijja Uganda’s Minister for Defense and Veteran Affairs held a meeting with his Congolese counterpart, Gilbert Kabanda where a joint statement was issued in Beni.
The statement read, (paraphrased) The Uganda People’s Defence Forces (UPDF) and Forces Armées de la République Démocratique du Congo (FARDC) have agreed to set up a joint command against the Allied Democratic Forces (ADF) rebels in which UPDF and FARDC will propose top military officers, who will form the central command for the operation code-named Shujaa (bravery), which was launched on November 30.
“This autonomous structure of the operational sector of Beni and Ituri, made up of officers from both armies, will co-ordinate and take charge of the operation against the ADF in North Kivu and Ituri under the overall command of the FARDC.
I believe the overall command was left to the FARDC in respect of international law over SOVEREIGNTY. Curiously, some international media had tried to “spin” the operation as one done unilaterally by Uganda.
A reading of the bylines in the said media outlets is indicative whose bidding they were doing. In accordance with Article 8 bis of the UN Charter as well as UN General Assembly resolution 3314 (XXIX) of 14 December 1974 and
Resolution RC/Res.6 of the plenary session of 2010 as well as the Rome Statute establishing the International Criminal Court under the same article, would have made the said operation a crime of aggression.
It’s patently clear, UPDF Operation Shuja falls under the ambit of “intervention by invitation” in tandem with Article 51 and the landmark decision of the ICJ Nicaragua case involving US invasion in 1986 to effectively prevent the sandiatas from taking full control of the country.
However, there are going to be some challenges to the operation Shuja. Martin Fayulu DRC’s foremost opposition leader with a sizeable number of seats in the both chambers of legislature vehemently opposed the deployment, ramping up support on a very sentimental issue, balkanisation of the DRC. Because the central government has not had effective control of most of Eastern DRC for decades flowing from the neglect of the Mobutu regime, the region fell into total anarchy for the last 45 years (my age!) with the result that at the writing of this article, there are 133 militia groups representing narrow interests as ethnicity or sub ethnic intersts.
For instance the Banyamulenge Community (a grouping of Rwandaphones, hereafter Kinyarwanda speakers) of South Kivu has 3 known militia outfits, Gumino led by Col. Masunzu and Twirwaneho led by Col. Makinika and the third is in Kinshasa led by Lt. Gen. Masunzu. A forth formation has Maitre Azarius Ruberwa and ex VP under Kabila and Alexis Muvunyi Gisaro DRC Roads Minister (a member of RCD Goma party itself, led by Eugene Serufuli Ngayabaseka a Rwandaphone from Rutshuru in North Kivu, but in Congolese dynamics is from Nord Kivu Petite whose import I shall return to later in this article).
Muvunyi the minister was subject of credible media reports on an assassination attempt last week, which he denied. You shall recall, an attempt was made on Gen. Katumba’s Uganda’s Roads Minister’s life too was attempted early this year! The Mai Mai of the Bafurero community with more than 10 splinter groups representing clan interests is led by Mai of General Amuri William Yakutumba a free riding deal maker.
Serufuli a wealthy political activist MAGREVI organisation which campaigns for Rwandaphone rights latter President of the National Electric Company charged with the Grand Inga Dam project and later rural affairs minister himself has 20,000 militia, a number bigger than Kenya’s KDF active and reservists! North Kivu is split in ethnic dynamics into Nord Kivu Grand of mainly Nande and Nord Kivu Petite of mainly Rwandaphone.
The administrative divisions of Territoire and Sector attempt to address this sentiment. Ituli itself is divided along similar ethnic lines. These militia are so powerful to the extent of charging taxes and exporting minerals with the help of “external forces”.
The Rwandaphone community has faced existential threats emanating from the confusion over those who are native to the DRC and those who migrated to the DRC following opening up of mining and large plantational agriculture. Mobutu who had a shrewd and influential Chef de Cabinet Barthélémy Bisengimana born in Cyangugu Rwanda but emigrated to DRC did get law in 1973 to “recognize” both immigrant and native Rwandaphones as citizens. The law was contested and remains the bone of contention to date.
This background is what has given rise to the sentiment of secession of Rwandaphones supported by eternal forces and the grounding of M23 a “rebirth” of CNDP of Generals Lauren Nkunda and Bosco Ntanganda aka “Terminator” both indictees of the ICC with the later serving a sentence!
These session sentiments are what is termed balkanisation. The bigger challenge though, balkanisation has led to sentiments spread to former Katanga province still nostalgic of Moise Tsombe attempts to secede fuelled by a charismatic, wealthy politician with tangible deliverables in service delivery. This, threatens the sovereignty, and existence of the DRC.
Enter the UPDF, their task is daunting. It’s never going to be a walk in the park. It’s my opinion, the task is bigger than AMISOM, in terms of time, geographical area coverage and logistics. It will be near impossible not to get involved in the dynamics above. Dialogue processes (“kacoke madit” or “indaba” in IsiZulu) will be inevitable.
The operation is going to be a mixed “peace keeping” as well a “peace creation” (the later was coined by President Museveni). Under international law, on invitation, the UPDF is obligated by the principle of “responsibility to protect” which includes establishing effective administration and protection of citizens and preservation of the sovereignty of the inviting state.
This will invariably include combat operations against the militia as well their financiers. It’s permissible under international law as well a moral obligation!
