This is according to an International Law Expert, as fighting and deep political mistrust continue to undermine peace efforts.
The warning comes a year after M23 rebels seized the eastern city of Goma and amid criticism from Corneille Nangaa, leader of the Alliance Fleuve Congo rebel coalition, which includes M23. Nangaa has described the minerals-focused partnership between Kinshasa and Washington as unconstitutional and illegitimate, arguing that it cannot be enforced in mineral-rich territories under rebel control.
Speaking to Channel Africa on Thursday, Professor Mia Swart, Visiting Professor of International Law at Wits University Law School, said Nangaa’s objections should largely be understood as political positioning rather than a decisive legal challenge.
She explained that while the criticism does not, in itself, invalidate the agreement, there are legitimate procedural concerns, particularly the fact that the deal has not yet been passed through the Congolese Parliament. Until parliamentary approval is secured, the agreement still faces legal and institutional hurdles.
Swart expressed scepticism about the deal’s practical impact, even if it is eventually approved. She noted that in the DRC, formal agreements have often failed to translate into durable peace on the ground, with the country repeatedly sliding back into conflict despite ceasefires and negotiated settlements.
She added that continued rebel control of key mineral zones raises serious questions about enforceability, increasing risks for external partners such as the US. According to Swart, the lack of trust between the Congolese government and armed groups remains a central obstacle, one that investment deals or external guarantees alone cannot resolve.
Reflecting on past peace efforts, she said the failure to implement earlier commitments, including those discussed in Doha, has badly damaged confidence between the parties. This erosion of trust makes new agreements far more fragile and harder to sustain.
Swart also downplayed suggestions that the Washington partnership itself could trigger a new wave of violence, arguing that eastern DRC is already highly volatile and prone to renewed conflict regardless of diplomatic initiatives.
In her view, lasting stability will require bigger political change within the DRC, including credible democratic elections and renewed domestic legitimacy. Without this, she warned, international agreements risk becoming disconnected from realities on the ground, offering little relief to communities caught in the cycle of violence.
–ChannelAfrica–
