Rwanda, DRC to spare Nkunda from hangman

Congolese rebel leader Gen Laurent Nkunda could be the beneficiary of thawing relations between Kigali and Kinshasa as both governments seek a way out of the diplomatic quagmire they find themselves entangled in, as a result of his continued detention in Rwanda.

The subject of war crimes indictment issued by the DR Congo, Gen. Nkunda who leads Congo’s fractured National Congress for the Defence of the People (CNDP), was arrested by Rwanda in January last year at the peak of a joint operation mounted by the Congolese and Rwandan armies to flush rebel elements out of the jungles of eastern DRC.

His subsequent detention and refusal by Kigali to hand him over to the DRC, which still has a death penalty on its books as well as his own legal challenge in Rwandan courts to his continued incarceration had raised questions about his fate.

The EastAfrican has learnt Nkunda’s fate formed part of the agenda of a recent high level meeting between Kigali and Kinshasa with a view to finding a compromise that will save the rebel general from hanging for alleged crimes against his mother country.

Although reviled by Kinshasa and sections of the international community, pragmatists see Nkunda, who has projected himself as a defender of the minority Congolese Tutsi in the east of the vast country, as an essential part of any formula to returning peace to war weary Congo.

Last week, the Rwandan Supreme Court was expected to start hearing Gen. Nkunda’s plea for extradition to Congo but the hearing was deferred to March 1, after the Rwanda Army Chief of Staff Gen. James Kabarebe, who is accused of illegally detaining the rebel chief, excused himself from appearing before court on grounds of his busy schedule.

Through his legal counsel Stephane Bourgon, a Canadian, Nkunda filed a petition at the Rwanda Supreme Court seeking extradition back to his home, protesting against what he described as illegal detention.

But whatever the outcome from the verdict, senior Rwandan government officials privy to details of the numerous meetings between the two neighbours say Gen. Nkunda’s fate will ultimately be determined by what Rwanda and Congo see as the option most likely to advance the thawing relations between the erstwhile enemies and peace and stability in the Great Lakes region.

“We do not mind the concerns of the international community. We are talking about national interests, which will benefit both Rwanda and DRC The Nkunda issue should not be looked at just as an opinion. There are questions but what is important is to bring stability to the region”, a senior official in the Kigali administration who sought anonymity told The EastAfrican.

Rwandan Foreign Affairs Minister Louise Mushikiwabo echoed similar sentiments saying legal hurdles would have to be offset by the two governments to address national concerns pertaining to a possible escalation of violence if the Nkunda question is not amicably settled.

“Our concern is the death penalty, which Rwanda abolished but it still exists in the DRC. So our Justice ministers (Rwanda and DRC) are still examining the issue critically, said Ms Louise Mushikiwabo.

With the Congolese army yet to register any significant action against Rwandan Hutu militia holed up in the DRC, analysts say regardless of his present circumstances he faces an indictment and part of his army and senior command have defected to Kinshasa, Nkunda remains a factor and both Rwanda and Kinshasa need to tread carefully.

Rwandan sources say the view from Kigali is that in order to assure long-term stability in DRC and the improving relations with Kinshasa, the indictment against Gen. Nkunda has to be shelved at least temporarily.

Significantly, although the indictments have since expired and need to be re-validated by a Congolese court, this has not happened and no arrest warrants have been issued.

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