Department of Food and Resource Economic

The state of the Congolese state has been subject to a heated debate, with some arguing that it remains mostly irrelevant outside its capital or even that there is no such thing as Congo. Others contend that there is no lack of state order in Congo, but that this order is characterised by predatory rule and (privatised) extortion. This paper wants to put both claims into perspective and to assess how different actors re-deploy various rationalities and practices of statehood. Based on fieldwork in South Kivu, this paper looks into the making of public authority in the territory of Kalehe (eastern DRC), where since the start of the Congo wars in 1996 a growing number of armed and other actors have claimed and exercised power. The paper stresses that these actors’ competing claims to public authority are intimately linked to struggles of territory and populations and tend to resemble and reproduce previous state practices and norms. The idea of the state seems to be one of the principal objects of reference deployed by these actors to legitimate their claims, mainly because it still resonates with the social imaginaries of public order

For more than 20 years, Kalehe and Walikale, two territories connecting the provinces of North and South Kivu, have been characterized by a proliferation of armed groups. The first of these groups emerged during the Masisi war in North Kivu, which pitched autochthonous1 and migrant communities against each other and affected ethnic cohabitation in Kalehe and Walikale. During the Congolese wars, these armed groups evolved into one of the leading Mai-Mai groups, which occupied vast parts of both territories and installed its own structures of dominance. The start of the peace process in 2003 did not put an end to the local process of militarization. While in Walikale part of the former Mai-Mai movement transformed into the Mai-Mai Kifuafua, the successful campaigns of the Raia Mutomboki against the Forces démocratiques de libération du Rwanda (FDLR, Democratic Forces for the Liberation of Rwanda) in Shabunda eventually also spread to Kalehe and Walikale. Although the FDLR has been largely ousted from both territories, the Raia Mutomboki continues to be a key player in the local political and military landscape and has become deeply involved in different domains of public life, including the provision of protection, conflict resolution and taxation.
This report analyses the involvement of these armed groups in public life in the territories of Kalehe and Walikale, which is the outcome of the intersection of a number of local historical processes with larger national and regional dynamics. The current political and military landscape in these territories, defined by the presence of armed groups and the consequent fragmentation of local authority, is mainly caused by unresolved tensions between and within communities over territory, authority and resources; the lack of capacity of the Congo’s state services to provide protection; and the limited success of reintegration efforts. The report explores how these armed groups are embedded inlocal communities, how they are connected to local power struggles and how they are involved in the exercise of local authority, including in the fields of security, dispute resolution and revenue generation. Armed groups are able to mobilize popular support by evoking two issues of existential importance to local communities—marginalization and security. While the former revolves around the historical marginalization of local communities in politics and governance, the latter frames local communities as in need of protection. These issues give meaning to armed groups’ bids for local authority and legitimize their engagement in a wide range of governmental practices normally ascribed to the state, such as taxation and the provision of justice and security.
Armed groups have evolved into dominant power brokers, which are deeply involved with ruling territory, people and resources. They have become part and parcel of local and sometimes national power dynamics, have colluded with local and national political and customary leaders, and have developed different techniques and strategies to impose or sustain their authority. The end result is further militarization and fragmentation of public space and social interactions.
In order to reverse this dynamic and promote a demilitarization of public life in Walikale and Kalehe, it is first essential to address the civilian support networks of armed groups. It is then equally important to deal with more structural causes of militarization, including the conduct of the security forces, and to promote more transparent and accountable state institutions. Two other issues that are interconnected and require specific attention are the return of refugee populations and disputes over landownership. These cannot be resolved without a genuine national land reform process, which requires the mobilization of the necessary political will and technical capacity.

This contribution analyses the role of taxation in the constitution of authority in the conflict-ridden eastern Democratic Republic of the Congo, where a multitude of authorities alternately compete and collude over the right to extract resources. Taxation ranges from simple plunder, to protection rackets, to the material reciprocation of the recognition of rights. Focusing on the taxation practices of armed groups, the article argues that taxation is at the core of armed groups' production of public authority and citizenship, and that their modes of taxation are based on long-standing registers of authority and practices of rule that originate in the colonial era. In particular, the article shows that by appealing to both local customary and national forms of political community and citizenship, armed groups are able to assume public authority to tax civilians. However, their public authority may be undermined by their tendency to reproduce a historical pattern in which authorities forcefully impose a heavy tax burden, while providing limited public goods and services in return.

Much of the recent literature on rebel governance and violent political orders works with ‘centred’ and instrumental understandings of power. In this view, power is seen as exercised over subjects, and as situated in rebel rulers, governance institutions, or ruling networks. Drawing on the study of the armed groups known as ‘Mai-Mai’ in eastern Democratic Republic of the Congo, this article instead adopts a governmentality per- spective on rebel governance. It demonstrates how Mai-Mai groups rule not only through direct imposition but also, more subtly, by shaping peo- ple’s subjectivities and self-conduct. We identify four clusters of techni- ques of Mai-Mai rule that relate respectively to ethnicity and custom; spirituality; ‘stateness’; and patronage and protection. We argue that a governmentality perspective, with its focus on rationalities and practices of power, offers a fine-grained understanding of rebel rule that moves beyond common binaries such as coercion versus freedom. By showing its relevance for the analysis of rebel rule in the eastern Congo, our find- ings further strengthen the case for applying a governmentality perspec- tive to non-Western political orders.