The complexiTy of resource governance in a conTexT of sTaTe ... - Ipis

The complexity of resource governance in a context of state fragility: An analysis of the mining sector in the Kivu hinterlands
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operations as an entry point into the area. FARDC troops, deployed to the area for military
operations quickly assert their power in the local mines. 219
Often cited is the 908 th Battalion, commanded by Colonel Alain Ilunga and based in Bafwasende
town, which controls the eastern part of the Bafwasende operational zone. 220 Soldiers of this
battalion allegedly recruit youths from surrounding villages to work in the mines, often under
duress. They also perform hard labour such as transporting goods to and from mines. Recently
it was stated that ‘systematic and widespread misconduct by the FARDC continues to be
reported along the Bafwanduo-Elonga axis (908 Battalion)’. 221 This “misconduct” is said to
include forced labour, extortion, illegal taxation, arbitrary arrest, sexual violence, and even
cutting off people’s hands on suspicion of being Mayi-Mayi accomplices. The 908 th Battalion is
also reportedly involved in bushmeat and ivory trafficking.
It is important to note the potential trend in military interest in mining areas within the context
of this report as it is believed that the continuing clashes between FARDC and Mayi-Mayi in
and around the park are resource-motivated, though political and social dialogue is seen as
the only real vehicle for bringing peace to the area. 222 Several interviews hint that the FARDC
does not want to find a power-sharing solution because it has become so entrenched in trade,
and that it has subsequently adopted a hardline military approach to maintaining control of
the area. The protracted conflict around Opienge, moreover, attracts further funds for military
operations, potentially offering opportunities for their diversion. The same sources speak of
possible complicity with political authorities.
A recent attempt in May 2010 by a local dignitary to broker discussions on behalf of SOMINDO
with the Mayi-Mayi, near Balobe, indicates the importance of mining interests in the area, and
may suggest that traditional and business actors do not believe military solutions alone will
resolve the conflict.
Not all battalions operating in the area are accused of such grave human rights violations. The
103 rd Battalion, under Major Mbenza Pepe, currently commands the Bafwabalinga-Opienge-
Balobe axis, and is reportedly doing commendable work to re-develop and stabilise the area. 223
Since the deployment of the 103 rd , the security situation and relations with the local population
on the Bafwabalinga-Opienge axis have improved.
Little filters through regarding the behaviour of Mayi-Mayi in areas under their control.
Artisanal miners are reportedly allowed to exploit minerals in return for “taxes” paid to Major
Luc. Mayi-Mayi are allegedly also involved in ivory and bushmeat trafficking. No evidence
was found to confirm rumours that Major Luc delivers gold, diamonds and ivory to nationallevel
and provincial politicians, in exchange for weapons. These rumours seem to be spread
by the military 224 . Although the role of traders from Beni and Butembo, and FARDC from
North Kivu, in supplying the Mayi-Mayi with weapons in exchange for minerals has been
raised during this research, it seems that a large proportion of these arms have been captured
from FARDC. 225 Rumours of collaboration between the Mayi-Mayi Kumu and the FDLR also
appear groundless. 226 On the other hand, collaboration between the Mayi-Mayi Simba from
Lubutu and Mayi-Mayi Oninga from North Kivu appears plausible. 227
219 The following paragraphs on FARDC behaviour are based on field interviews in June and July 2010 and on confidential written sources.
220 Including Bafwasende town, Bafwanduo, Avakubi, Bigbulu, and, until they were pushed back by the Mayi-Mayi of Major Luc, also further
south to Ndonga and Elonga.
221 Confidential report.
222 Field interviews, June 2010.
223 Field interviews, June 2010
224 Cf. AFP, Combats dans le nord-est de la RDC: plus de 30 tués depuis fin mai (armée), 22 June 2008.
225 ‘Nine machine guns seized from the 908th Bn.
226 Several MONUC reports exist of Mayi-Mayi confronting FDLR to deny them access to their home areas.
227 Confidential UN report.