It would seem that collectively we (the U.S.) want to recognize Tshisekedi as fait accompli and “not Kabila”, and make the most of the opportunity for a better relationship and progress while still holding a small flame against election fraud for the future and not be “complicit” in covering it up. I very much approve of not being complicit in a cover up even if we are just trying to make the best of the situation with good intentions.
In Kenya in 2008 we issued private travel sanctions against two members of the election commission, the then ECK, for suspected bribery, but said nothing publicly. In that case there was violence from the election fraud and we had withdrawn our initial congratulations. We never disclosed the sanctions or the issue or evidence regarding the bribery but I learned of the matter from a Daily Nation story from a stolen cable from Wikileaks:
The public sanctions now, to me, are a step forward in responding to election corruption and I appreciate that we are taking this step. I also appreciate the many people influential in Washington who have spoken out publicly on the problem and laid the groundwork for this, noting Amb. Michelle Gavin at CFR and Joshua Meservey at Heritage. And of course Nic Cheeseman of Democracy in Africa and the University of Birmingham has been a ubiquitous friendly voice for the democratic process throughout.
International Election Observation Mission members, including those from IRI/NDI, are arriving in Nigeria for the general election Saturday in a difficult environment.
Although invited by Nigeria’s government there has been at least one unwelcoming statement and no one could deny that this is a hard job simply from the stakes of the election, the instability in some areas, the poverty and underdeveloped infrastructure faced by large portions of the voting population and the simple relative newness of regular competitive elections.
International election observation, which focuses on civil and political rights, is part of international human rights monitoring and must be conducted on the basis of the highest standards for impartiality concerning national political competitors and must be free from any bilateral or multilateral considerations that could conflict with impartiality. It assesses election processes in accordance with international principles for genuine democratic elections and domestic law, while recognizing that it is the people of a country who ultimately determine credibility and legitimacy of an election process.
The IRI/NDI Nigeria 2015 Observation Mission was funded directly by the State Department so shifting back to USAID funding this time is one of the positive things that I see as having potential to help preserve independence and maintain clarity between an Assistance Observation and a Diplomatic Observation to the benefit of the process.
The joint IRI/NDI EOM model has positives and negatives in terms of actual and perceived independence. In Nigeria where democracy assistance is confronted by “resource curse” funded problems and lobbyists working “both sides of aisle” in Washington at a unusual level for an “African election”, along with prominent American campaign consultants usually involved, the joint model seems to me to have some important advantages over IRI or NDI doing a nonpartisan mission on its own, in-spite of the tradeoffs (alternatively you could go with the Carter Center as an “outside the beltway” if politically connected choice, or Democracy International as a truly private entity).
IRI in Africa from my now distant view has come quite far from some of the vulnerabilities that we faced in the 2007 Kenya Election Observation–experience is the best “capacity builder” and institutional funding and attention are now much more appropriate to the scope of the job. Some of my old Kenyan friends and colleagues who did such a great job running things on the ground in 2007 have stayed on and climbed the ladder. And we can expect this election in Nigeria to be better than their 2007 election, observed by many involved this year, as well.
Since Nigerian elections are always high profile and “on the map” in Washington there is no danger of overlooking the situation from that front. This Observation is long-planned and expected and well-funded; there have been an ongoing series of pre-election missions with reports on preparations. Likewise these observations have been going on with regularity throughout this century–and we’ve even been through the scenario of an incumbent seeking re-election during the Boko Haram war.
At the same time, you need no expertise to know that national elections are always challenging in Nigeria and that while cumulative progress has been made in some areas there are some particular concerns that have been reported on and discussed by this Observation Mission and others in the donor governments and media.
Thus, there may be hard calls ahead for the Observers, both on concerns they have already highlighted and from unexpected events as the voting, counting and disclosing play out.
American lobbyist and Ellen Johnston Sirleaf advisor Riva Levinson articulated part of the present challenge well in The Hill in Washington over the weekend: “At Risk: Credibility of U.S. democracy promotion in Africa“. Johnston Sirleaf is in Nigeria as lead observer for the ECOWAS intergovernmental Election Observation Mission and was co-lead for the most recent IRI-NDI Mission, “ZIEOM” in Zimbabwe.
UPDATE (Feb 12): Riva Levinson and her firm KRL are “registered foreign agents” in Washington for Retail Express Limited of Lagos, Nigeria. The Foreign Agent Registration Act filing from September 30, 2018 identifies this client as a “limited partnership which supports the goals of the Senate President of Nigeria, Dr. Aubakar Bukola Saraki, to engage international stakeholders in support of free and fair national elections in February, 2019, seek a level playing field for opposition parties, and convey the core tenants of the Senate President’s vision for the future of the country.” (She also currently lobbies for the Ministry of Foreign Affairs of Liberia and the Ministry of Finance of Ghana.)
Recent former diplomat and Council on Foreign Relations Africa lead Amb. Michelle Gavin had a notably hard-hitting CFR blog post last week headlined: “The Truth About United States Complicity in DRC’s Fraudulent Election” although in the text she just covers the macro level issue of diplomatically blessing an election whose official result was contrary to all available evidence.
We in the U.S. got partially off the hook in the DRC where the incumbent Kabila did not invite U.S.-funded or other international observers beyond the African diplomatic groupings (although I learned from Levinson’s piece that we provided funding for the Catholic Church run ‘Parallel Vote Count’, a fact I totally missed in the news reporting. USAID’s website indicates we were also providing “technical assistance” to the election management body CENI itself (!) which again I missed somehow in the news reports. These facts may have informed Gavin’s view even if the journalists that I read did not take notice.)
Update II (Feb 18): As it turns out, the U.S. not-for-profit IFES continued USAID-funded work with CENI, along with its partner IRI in the Coalition for Electoral Process and Party Strengthening (CEPPS) according to a brief overview on IFES’s website, and continues to work with CENI toward local elections. CENI hired its own Washington lobbying firm in 2018, Avenue Strategies, founded by former DJ Trump campaign manager Corey Lewandowski (he left and set up a separate firm before the CENI contract). In January 2019 after CENI named Felix Tshisekedi as president-elect, Avenue Strategies also signed on to represent Tshisekedi as president-elect and now president.
Presumably, then, under the CEPPS mechanism USAID funded the third partner, NDI, for the work with the Catholic Church Parallel Vote Count. I will contact USAID to confirm the arrangement and see if they are willing to release any contractual details without a formal Freedom of Information Act request.
In a series of preliminary statements crafted by the team and released by the State Department on Jan. 3, 10, and 16—before confirmation of the final results—the United States sharply condemned reports of election-related interference and violence. The Jan. 3statementincluded a threat that people involved “may find themselves not welcome in the United States and cut off from the U.S. financial system.”
With the Constitutional Court’s decision to confirm the election later in the month and with news of widespread election fraud, the group drafted a new U.S. response on Jan. 23. It noted the election results rather than welcoming them—a diplomatic way of signaling displeasure—and condemned the “deeply flawed and troubling” election, according to a draft reviewed by FP. It also stated that Congo’s electoral commission “failed to live up to the responsibility” it had to carry out elections fairly and ivowed that the United States would “hold accountable” any figures engaged in election fixing or violent crackdowns on any ensuing protests.
But none of this language made it into the final statement. Instead, Washington welcomed the results and declared itself committed to working with Tshisekedi. The revised statement made only passing mention to “electoral irregularities.”
Michael Hammer, the U.S. ambassador to Congo, along with Michael McKinley, a senior career diplomat advising Secretary of State Mike Pompeo, pushed for the revised statement, according to three U.S. officials. The department’s third-ranking official, David Hale, ultimately signed off on it, the officials said.
Senior U.S. officials in other agencies and some State Department officials—including the special envoy for the region, Pham—were kept out of the final decision entirely and did not know that a shift in policy was in the works, officials toldFP. They said some officials found out about the shift in policy only once the statement came out. It left some of them fuming.
“If we said we’ll hold the government accountable … and five days later we congratulate a bunch of thieves, what good are our threats?” one senior U.S. official said.
One former State Department official familiar with the process said the implications went beyond Congo. “It was just a stupid decision to release that statement, a statement that has much bigger bearing on U.S. government democracy promotion in Africa,” the former official said.
The State Department, USAID, and NSC all declined to comment for this story. A State Department spokesperson also did not respond to a request to interview the senior diplomats whoFPwas told were involved in the process. . . . .
This is the kind of thing I always had hoped to see about Kenya 2007 where the U.S. initially relied on what my FOIA research indicates was a pre-determined blessing of Kibaki’s alleged re-election even after Ambassador Ranneberger witnessed vote totals being changed by the Kibaki-controlled Electoral Commission of Kenya and reported some pre-knowledge of unlawful rigging plans and conduct. In the face of violence the initial congratulations were withdrawn and the State Department pivoted to support a negotiation to include the opposition in a sharing of power with Kibaki. I know that there were differing internal opinions but I have never seen this level of public reporting on the internal debate.
Some of this may reflect differences in the internal environment and reporters’ expectations and aspirations during the Bush and Trump administrations as well as “the times” more generally. Regardless, I am glad to know more about how my government made this decision and encouraged that the problems with the positive statement final statement on the were recognized by some of those involved.
On the Congressional side, here is the January 18 Statement from the incoming Republican Ranking Member on the Foreign Affairs Committee:
Washington D.C. –House Foreign Affairs Committee lead Republican Michael McCaul (R-TX) released the following statement on the fraudulent election in the Democratic Republic of Congo (DRC).
“After eighteen years of the Kabila regime, the Democratic Republic of the Congo had a historic opportunity to give its people a voice by holding free and fair elections. Millions of Congolese bravely went to the polls to cast their vote amid long lines, intimidation and violence. Unfortunately, the fraudulent vote count does not demonstrate the will of the people.
“I commend the African Union’s call for transparency and credible election results. All parties must refrain from violence as this process continues. It’s imperative for the United States and the rest of the world to stand with the Congolese people to demand an accurate vote tally and I urge Secretary Pompeo to fully engage at this pivotal moment. All individuals who impede this democratic process must be held accountable.”
This year in Northeast Florida were have missed Florence but are watching our neighbors in the Carolinas with concern. Meanwhile our neighbors in Uganda are suddenly on the radar screen in a heightened way. Museveni’s political repression has struck an international nerve through the popular musician turned Member of Parliament and opposition by-election campaigner Bobi Wine.
Epstein’s book from the Columbia Global Reports series is a quick read (and inexpensive) so there is really no excuse to duck it if you are an American concerned about Uganda. Helen Epstein is an American with “skin in the game” in Uganda. She has lived there and worked with the failing health systems — her “active voice” as a critic comes not from the abstract but the specific. You do not have to agree with her about everything, or think she has figured out all our governmental secrets or inside-the-beltway motivations, but you would be foolish not to take her seriously and account for what she has to say.
Update: let me add here a couple of key blurbs for Epstein’s book from other writers who I have relied on and who will be well familiar to readers here:
William Easterly: “As her new book reveals, Helen Epstein is an eloquent advocate of human rights and democracy for Africans, as well as a courageous critic of how U.S. aid supports oppressive dictators like Yoweri Museveni in Uganda.”
Michela Wrong: “For decades, Western policy-makers have hailed Uganda’s Yoweri Museveni as a benign autocrat, a charming African Bismarck and trusted partner in the fight against Islamic fundamentalism. Another Fine Mess reveals a far darker side to this key African ally, while exposing the cynicism at the heart of American policy in Africa’s Great Lakes Region. This gripping, iconoclastic, angry book raises a host of uncomfortable questions.”
[Note: Some of my Washington friends took a bit of umbrage about some of Helen’s real time reportage on Kenya’s last election–fine. If we were more transparent we would not risk being misunderstood; I was not in Kenya for the 2017 vote and at the end of the day we will have to see what the record shows. In that regard I am still working on 2007 and 2013. Uganda is Epstein’s lived experience in a different way.]
The Democratic Republic of Congo stands out as a wealthy country with mostly very poor voters, a fairly poor government, extremely poor governance, high corruption, pervasive political violence, a current humanitarian crisis on a Yemani scale and as a “honeypot” for some of the worst people in the world.
In Congress, Representative Ed Royce, chairman of the House Foreign Affairs Committee, said he approved of Mr. Kabila’s decision — “after 17 dark and bloody years” — to step down.
“Now, deadly government crackdowns must stop so the Congolese people can choose their next president in free, fair and transparent elections,” Mr. Royce said. “Any credible election will allow opposition candidates to run campaigns free from legal harassment, intimidation and physical harm.”
A decent election in December would be a huge “win” for Congolese and for international democracy advocates but sobriety is in order as to whether that becomes a realistic possiblity as the much-delayed date approaches.
At the time of the last election in 2011, Africa democratizers were buoyed by an understood success story in Ghana, the hope of an “Arab Spring”, the lull of violence in Iraq and more generally encouraging environment. As explained in my posts from that time, the U.S.- funded International Observation Mission (conducted by the Carter Center) found the election to fall short of adequacy by the applicable international standards and said so explicitly.
Initially standing up to Kabila over the failures of his alleged re-election and pushing for them to be addressed appeared to be U.S. policy. If so, we apparently changed our mind for some reason. Tolerating a bad election then leaves us in a more difficult position with seven years of water under that bridge. The U.S. has stepped up recently to pressure Kabila to schedule the election, allow opposition and stand down himself.
In this vein, we need to be careful, and transparent, as things proceed to continue to evaluate realistically what is feasible and where we are really able and willing to assist. In particular, the decision to initiate and fund one or more Election Observation Missions for a vote in these circumstances should involve serious soul-searching at the State Department (and/or USAID).
Good. Unfortunately, as was that much more conspicuous with the hearing about the 2013 Kenyan election, the subcommittee has scheduled testimony from the IFES/NDI/IRI troika, but without the Carter Center scheduled. The Carter Center conducted the USAID-funded Election Observation Mission itself for Kenya in 2013, so the omission was hard to understand on a hearing on that very election; it is still hard to understand for an Africa-wide hearing. (I have no idea why things have turned out this way, I am simply making the point that Congress would have an opportunity to be better informed if this wasn’t just an “all in the Beltway” experience.)
There had been speculation that the group withdrew their petition as a result of pressure. Lawyer Ambrose Weda denied this, but in an interview with DW’s “Africalink”, political analyst Martin Oloo said he believed that they been under intense pressure and that “with the passage of time, we’ll get to know the details.”
Kenya National Commission on Human Rights has released a detailed report on the Tana River violence: well organized and planned attacks and killing. Fundamental tension over resources will remain unless/until solved. Download “28 Days of Terror in the Delta”.
FARADJE, 26 March 2012 (IRIN) – The dilemma for Atati Faustin, 13, from Faradje in Haut-Uélé District, northeastern Democratic Republic of Congo (DRC), is that although he misses his younger brother – abducted into the ranks of the Lord’s Resistance Army (LRA) two years ago – he is also afraid of being reunited with him.
“I want my brother back,” he told IRIN, “but if I see him I would run. I am scared of him. I feel like he has died.”
Displaced with about 1,300 people from the nearby village of Kimbinzi in 2008 following repeated LRA attacks, and relocated to Ngubu, a camp for internally displaced persons (IDPs) on the outskirts of Faradje, he has not yet encountered him, but others in the community have – dishevelled, with dreadlocks, and carrying an AK47 assault rifle and a panga.
Kimbinzi is about 7km from the camp and occasionally some villagers return under a military escort provided by Armed Forces of the DRC (FARDC) to till the fields, as crops planted on land provided for them close to the River Dungu are routinely destroyed by hippos. Only young men return (during daylight hours) to Kimbinzi in a phenomenon described by relief workers as “pendulum movement” – women and children stay in the relative safety of Ngubu. . . .
Ugandan aid worker George Omoma has tracked the carnage left in the LRA’s wake across three countries, where children are not so much collateral damage, as the focus of LRA activity.
“Kony tells his people that it is not you [adults] that will overthrow the [Ugandan] government, it is the children. He wants to create a new generation of the LRA,” Omoma told IRIN.
Omoma is in Dungu helping to establish a rehabilitation centre for child victims of the LRA by the Catholic Church and NGOs Sponsoring Children and the San- Diego-based Invisible Children. When operations start later this year, the facility will be able to provide accommodation, counselling, training and education to hundreds of former child soldiers and abductees. . . . .
Breeding child soldiers
Dominic Ongwen has risen through the ranks to become the LRA’s most senior commander in the DRC and is the armed group’s most notorious example of a kidnapped boy forced into child soldiering and who is now wanted for crimes against humanity and war crimes by the International Criminal Court.
Sam Otto Ladere has appeared on the radar with a similar personnel history to Ongwen. He commands a group of 17 fighters falling under the command of Vincent Okumu Binany in the DRC.
Matthew Brubacher, political affairs officer working with the UN Stabilization Mission in the DRC’s (MONUSCO’s) Disarmament, Demobilization, Repatriation, Reintegration and Resettlement (DDRRR) unit, and an LRA specialist based in the eastern DRC city of Goma, told IRIN Ladere was abducted at a young age from a village west of Gulu.
“Ladere is one of the up and coming commanders. He is very trusted. This was evidenced by his being placed as chief of intelligence after Maj-Gen Acellam Ceasar was suspended following the execution of Lt-Gen Vincent Otti on 2 October 2007, even though Ladere was only a captain,” he said. DDRRR is working on a radio message on their FM network to try and lure him out of the bush.
Omoma said former abductees and child soldiers had told him of Ladere’s brutality.
Kony has taken many wives. At the Juba peace talks in 2006 it was estimated he had about 80 wives and it is unknown how many children the rebel leader has fathered.
“I don’t know how many Kony kids are active in the LRA, probably quite a few. There are a few bush kids now that were born and bred in the LRA. They are pretty wild when they come out as they have never known civilization,” Brubacher said.
Certainly the idea that the LRA has been able to continue to fester and mutate and perhaps in part replicate should be given some consideration in evaluating what priority to place on military efforts against the relatively small number of active fighters that appear to remain at present.
According to the latest partial results, Mr Kabila is winning most support from the mining-rich Katanga province, his stronghold. Some observers have questioned the use of an unaudited voter registration system, which allotted Katanga 4.6m voters, 50 per cent more than the capital Kinshasa, home to 10m people.
A UN Security Council meeting last week noted some electoral irregularities but pressed for a peaceful conclusion to the polls.
“There is no [international] appetite to press for transparency, but just pushing to accept whatever result [the poll commission] comes up with is not going to bring peace,” one Congo expert told the FT. “We have to debunk the idea that it is peace versus transparent elections. The idea that lousy elections are going to bring peace is madness.”
Joshua Marks, of the National Endowment for Democracy, a US-funded foundation, said: “The Security Council wants to avoid violence at all costs. He added: “It’s patronising to the Congolese people. . . You’re still going to have these unresolved grievances in the country and an ever larger number of people against the Kabila regime.”
Despite mineral wealth in copper, gold and diamonds, Congo has slipped to the bottom of global development rankings under Mr Kabila’s latest term, as the country recovers from the 1998-2003 war in which an estimated 5m people died. A clutch of rebel militias still hold sway in the east.
A real election requires credible preparation by a credible election commission and credible dispute resolution mechanisms. The DRC election has already gone this far (past the actual voting) without the “international community” blowing the whistle. The Carter Center and the EU observation missions have made clear that there are serious issues with the preparation and execution of the election by the government. The actors who have supported the process to date need to stay engaged and stay committed as the process continues.
Congolese voters need hope that it makes some difference who they voted for, just like voters anywhere are entitled to expect. A pretense that the voters cannot believe in can be expected to drive violence.
Africom is not designed to mount Afghanistan-size wars. It’s all about brief, targeted intervention, influence and the Pentagon’s new favorite word, “partnership.” “Admittedly, this is an indirect and long-term approach,” Maj. Gen. William Garrett, then-commander of Africom’s land troops, told me earlier this year. Recently, U.S. Special Forces helped form a new “model” Congolese army battalion. And earlier this month in Kinshasa, Congo’s sprawling capital, a hundred U.S. Army doctors and medics teamed up with 250 Congolese personnel for a couple weeks of training. “The U.S. has determined it wants to be more involved in Africa,” explained Army Lt. Col. Todd Johnston, the exercise commander.
So why not get involved where it can really help? That’s what advocates of U.S. action in Congo are asking. After all, this is a mineral-rich country that takes millions and millions in foreign donations, mostly from America. So find the LRA, and kill or capture the chiefs before they make an already desperate country even worse.
But do it the Africom way. No massive troop deployment. No occupation. No drawn-out conflict. No headline news in the U.S. Just a few spooks, a few commandos, some airplanes and choppers and the permission of Congolese president Joseph Kabila. By American military standards, it wouldn’t take much. But it would make life a lot safer for millions of people in Central Africa — and might help reduce the cost to the world of keeping Congo on life support. Plus, it could show the way forward for a smarter, less expensive American way of war.
There are just two problems. First, the U.S. military has tried taking out the LRA before, albeit indirectly — and failed. Last year, Ugandan and U.N. forces acting on U.S.-provided intelligence launched an offensive aimed at taking out LRA leadership. But the rebels escaped … and killed hundreds of civilians as they hacked their way deeper into the forest.
Second, despite a growing body of legislation meant to define America’s role in Congo’s conflicts, at the moment there’s no clear U.S. policy regarding Congo and no prospect of one emerging anytime soon. The U.S. military might be the best solution to Congo’s LRA problem, but it’s a solution lacking one key component: political will.
It’s a bit hard for me to understand how you can present an argument for sending US troops into the Congo, with the permission of President Joseph Kabila, to hunt down the LRA, without any serious discussion of the ramifications of this in relation to all of the other conflicts and issues in Eastern Congo involving foreign-supported militias, ethnic groups, etc. Or how you address the issues involving the fact that the LRA ranges across four different countries and originates in Uganda rather than the DRC. If you don’t cross borders, you fail and you have to stay indefinitely in the DRC to have any hope of keeping the LRA elsewhere–do you follow them into Sudan, for instance, based on permission from Joseph Kabila? Do we have US troops fighting in Uganda during the February elections?
Conceptually, I fully appreciate the impulse to act directly instead of just through training others to try to put a stop to the LRA–however, I just don’t buy this as a legitimate assessment. Part of the reason is that reading carefully, you see that what Axe is describing is not just a lack of capability by the DRC, but also a lack of will. This makes the whole thing a bit disingenuous.
Robert Kaplan waxed poetic in the Atlantic back in 2007 at the inception of AFRICOM about the nature of the combatant command as a new “under one roof” State Department, USAID and military entity for “nation building”. Based on the GAO report issued in July on the status of AFRICOM (h/t Dr. Carl LeVan) any such ambitions are at an embryonic stage as AFRICOM has yet to formalize its own basic planning documents and at least at that time still had not really worked out how to handle the role of the Combined Joint Task Force–Horn of Africa in Djibouti, which is the actual on-continent U.S. base. Likewise, AFRICOM as of July had only 29 people at headquarters from State and USAID and did not use any methodology to actually measure or evaluate its various programs in civil affairs, rule of law, etc., etc., which might or might not complement other things done by others from the U.S. government.
Does this piece in Wired represent the “tip of the spear” in the search for an alternative role for AFRICOM–more “rapid strike force” and less “nation building”?
When someone floats an idea and says “plus, it could show the way forward for a smarter, less expensive American way of war”, start by being afraid for your children and your wallet. And suggest that they may want to experiment on this in Afghanistan and/or Iraq first.