The Looting Machine: Warlords, Tycoons, Smugglers and the Systematic Theft of Africa’s Wealth

But as one easterner who has worked in both mining and intelligence told me, ‘Formally the groups are all enemies. But when it comes to making money and mining, they cooperate pretty well. War changes, but business goes on. The actors change, but the system stays – the links between the armed groups and the mines. The conflict goes on because it has its own financing: the mines and the weapons. It has its own economy.’34

On a Sunday afternoon in Goma I drank a beer beside a pool at a hotel with Colonel Olivier Hamuli. He is the spokesman of the Congolese armed forces and journalists regard him as one of the more accurate sources of information on the fighting, even if he avoids discussing the military’s own role in plunder and atrocities. An easterner, his convivial demeanour cannot mask the eyes of a man who has seen too much. When we met he was fielding call after call about clashes between Tutsi rebels and the army. The rebels had advanced to take strategic positions on the edge of Goma; the army and UN peacekeepers were preparing helicopter gunships for a counterattack.

‘The CNDP, the FDLR, they say they are fighting against bad governance. They are just mining. Even the FDLR, they are not trying to challenge the Rwandan government – they are here to mine. This is the problem of the war in the east,’ the colonel said.35 ‘It’s a war of economic opportunity. It’s not just Rwanda that benefits; it’s businessmen in the United States, Australia too.’ He brandished one of his incessantly buzzing mobile phones. ‘Smuggling goes on. Mobile phones are still being made. They need the raw materials one way or another.’

According to the UN panel of experts that tries to keep track of the links between eastern Congo’s conflict and the mineral trade, after Nkunda won the battle for the territory that contained Mwangachuchu’s mining operations, the warlord permitted the businessman to retain control of his mines in return for a cut of the coltan.36 Mwangachuchu told the UN team he paid 20 cents per kilo of coltan exported from his mines at checkpoints he suspected were run by the CNDP.37 That levy alone would have channelled thousands of dollars a year into the militia’s war chest. Altogether eastern Congo’s militias are estimated to have raked in something to the tune of $185 million in revenues from the trade in coltan and other minerals in 2008.38 The UN team also reported Mwangachuchu’s excuse for funding the militia: he told the team he had ‘no choice but to accept the presence of CNDP and carry on working at Bibatama, as he needs money to pay $16,000 in taxes to the government.’

To his supporters, Mwangachuchu is a well-meaning employer (of both Tutsis and other ethnicities) assailed by grasping militiamen. His supporters, none of whom wanted to be named when they spoke to me, described a legitimate businessman striving to introduce modern mining techniques in the face of turmoil and wrongheaded foreign interventions. Some well-informed Congolese observers are less inclined to give him the benefit of the doubt. One night in a Goma bar a senior army officer fumed with anger when I asked him about Mwangachuchu and other mining barons of North Kivu. He damned them all as war profiteers who preferred to pay a few dollars to rebel-run rackets than have a functioning state tax them properly. When I asked the easterner who has worked both on mining policy and in Congolese intelligence about Mwangachuchu’s claim that he had been forcibly taxed by the CNDP, he shot back, ‘It’s not a question of taxes. Mwangachuchu and the armed groups are the same thing.’

It is hard to see how Mwangachuchu could have established himself as a leading Tutsi businessman in the East without becoming intertwined with the armed groups. As well as seeking prosperity, Tutsis in eastern Congo have faced near-constant threats to their survival, most terrifyingly from the Rwandan Hutu génocidaires who roam the hills.

In 2011 Mwangachuchu stood as a candidate for CNDP’s political wing in the national assembly – and its foot soldiers helped guarantee his victory. They had been absorbed into the lawless ranks of Congo’s army under a shaky peace deal but retained their mining rackets and their loyalties.39 ‘The CNDP guys used every trick in the book to make sure he got through,’ said a foreign election observer who watched former CNDP rebels filling out ballot papers for Mwangachuchu after the polls had closed.40 Ex-CNDP fighters in the national army were observed brazenly intimidating voters in North Kivu, some of the most egregious abuses in a deeply flawed national election that secured Kabila a fresh term.41 According to a report to the Security Council by a UN group of experts, to ensure the support of the CNDP’s fighters, Mwangachuchu had paid off Bosco Ntaganda. Known as ‘The Terminator’, Ntaganda had replaced the deposed Laurent Nkunda three years earlier as the CNDP boss and brought his boys into the army even though he was wanted by the International Criminal Court for war crimes including murder, rape, conscripting child soldiers, and ethnic persecution.42 Despite overwhelming evidence of foul play and months of legal wrangling, Mwangachuchu’s election stood. Even before his victory was secure, Ntaganda named him president of the CNDP’s political party.

Mwangachuchu’s leadership was short-lived. A few months after the 2011 election Kabila’s government sought to strengthen its writ in the East by relocating the former CNDP militiamen who had been brought into the national army to postings elsewhere in the country, far from the East’s coltan, gold and tin mines. But the militiamen were not about to give that up without a fight. Several hundred mutinied under a new acronym, M23, short for March 23, the date of the 2009 deal that had brought them into the army. Rwanda, deeply involved in both eastern Congo’s military and mining networks, again provided covert support to the mainly Tutsi rebels as they advanced on Goma.43

In early May 2012 General James Kabarebe, the redoubtable Rwandan defence minister who had masterminded its military campaigns in Congo and surreptitiously commanded M23, called Mwangachuchu. He ordered him to support the rebels and pull the CNDP political party out of its alliance with Kabila.44 Mwangachuchu refused. Perhaps he feared that crossing Kabila would imperil his mining interests; perhaps he sensed that the new rebellion was doomed. A furious Kabarebe told Mwangachuchu that ‘a lightning bolt will strike you’. Within days he had been ousted as president of the CNDP’s political party.

But Mwangachuchu had chosen wisely. Western powers that had long turned a blind eye to Rwanda’s meddling in Congo ran out of patience and suspended aid. Bosco Ntaganda, the Tutsi warlord who had joined the mutiny, found himself under such mortal threat that he chose to take his chances in The Hague and turned himself in at the US embassy in Rwanda, from where he was sent to face justice at the International Criminal Court. At negotiations in Uganda between Kabila’s government and the M23 rebels, Mwangachuchu was part of the government delegation. The talks came to little, and in late 2013 Congolese forces, backed by a new UN force with a mandate to smash the rebel groups, routed the M23 rebels.

I asked Mwangachuchu to give me his own account. He declined. When I e-mailed him a list of questions, it was his lawyer who replied. Mwangachuchu, the lawyer wrote, ‘reminds you that there is a war on in this part of the country and he cannot afford at this stage to answer your questions.’ Mwangachuchu can claim to have played peacemaker – but only when it suits him. ‘He’s not a fighter; he’s a businessman,’ a former minister in Kabila’s government told me. ‘His loyalties are not so strong – except to his business.’

Our two-jeep convoy slowed as it approached a roadblock deep in the tropical forests of one of eastern Congo’s national parks. Manning the roadblock were soldiers from the Congolese army, theoretically the institution that should safeguard the state’s monopoly on the use of force but, in practice, chiefly just another predator on civilians. As my Congolese companions negotiated nervously with the soldiers, I stepped away to take advantage of a break in a very long drive and relieve myself, only to sense someone rushing toward me. Hurriedly zipping up my fly, I turned to see a fast-approaching soldier brandishing his AK47. With a voice that signified a grave transgression, he declared, ‘It is forbidden to piss in the park.’ Human urine, the soldier asserted, posed a threat to eastern Congo’s gorillas. I thought it best not to retort that the poor creatures had been poached close to extinction by, among others, the army, nor that the park attracted far more militiamen than gorilla-watching tourists.

My crime, it transpired, carried a financial penalty. My companions took the soldier aside, and the matter was settled. Perhaps they talked him down, using the presence of a foreign journalist as leverage. Perhaps they slipped him a few dollars. As we drove away it occurred to me that we had witnessed the Congolese state in microcosm. The soldier was following the example set by Kabila, Katumba, Mwangachuchu and Nkunda: capture a piece of territory, be it a remote intersection of potholed road, a vast copper concession, or the presidency itself; protect your claim with a gun, a threat, a semblance of law, or a shibboleth; and extract rent from it. The political economy of the roadblock has taken hold. The more the state crumbles, the greater the need for each individual to make ends meet however they can; the greater the looting, the more the authority of the state withers.

Leaving the roadblock behind, we bounced along the pitted tracks that lead into the interior of South Kivu province. It was late 2010, and a joint offensive against Hutu rebels by Congolese and Rwandan forces and their allied militias had driven masses of civilians from their farmsteads. Kwashiorkor, or severe acute malnutrition in children, was rife.

The lone hospital in Bunyakiri serves 160,000 people. It has no ambulance and no electricity, making it almost impossible after nightfall to find a vein for an injection. The rusting metal of its roof is scarcely less rickety than the surrounding mud huts. When I visited, medicine was in short supply, the army having recently ransacked the hospital. There was no mobile phone reception, an irony in a part of the world whose tantalum is crucial in making the devices.

The hospital’s pediatric ward had fourteen beds. At least two mothers sat on each, cradling their babies. On one, Bora Sifa regarded her surroundings warily. Two years earlier a raiding party from the FDLR, the militia formed by the perpetrators of the Rwandan genocide, had descended on her village in search of loot to supplement the income from their mining operations. The raiders ordered Bora’s husband to gather up what they wanted. ‘They forced him to carry all the things away into the forest,’ Bora told me. ‘Then they killed him.’

Bora fled and a stranger in another village took her in, allowing her and her children to live in an outhouse. Now twenty, she made about a dollar a day helping to cultivate cassava, a root crop that fills empty bellies but has little nutritional value. Five days ago she had brought her son, Chance, to the hospital. ‘He wasn’t growing,’ Bora said. ‘I wasn’t making enough milk.’ Like many malnourished children, Chance’s features had aged prematurely. His eyes were sunken, his hair receding.

At any given moment since the start of Congo’s great war in 1998, between 1 million and 3.5 million Congolese have been adrift like Bora. The vast majority are in the East, driven from mining areas or the shifting frontlines of multiple interwoven conflicts. In 2013 2.6 million of Congo’s 66 million people were ‘internally displaced’, as refugees who have remained in their country are known in the jargon of human catastrophe, making up one in ten of the worldwide tally.45 Many end up in flimsy bivouacs fashioned from tarpaulins bearing the brands of assorted relief agencies; others appeal to the solidarity of their fellow Congolese, which persists despite the myriad fissures that war, desperation and ethnicity have opened between them. That solidarity can only do so much in a country where two-thirds lack sufficient food. Uprooted, Congo’s wandering millions starve.

With the help of the hospital’s tireless doctor and a French charity, Chance was recovering.46 Few others shared his fortune. Further up the road I visited a hilltop clinic beside a school in the town of Hombo Sud. One by one, dozens of emaciated children were being dangled from weighing scales and checked for telltale signs of severe malnutrition: oedema (a buildup of fluids in the legs) and arms with a circumference of less than 10.5 centimetres.

Anna Rebecca Susa, a bundle of spindles in a pink skirt emblazoned with the word ‘Princess’, was dangerously underweight. The special measuring tape showed red when a medic pulled it tight round her arm. Her belly was swollen beneath fleshless ribs, her hair reduced to a faint frizz. At five, she could not understand what was happening to her, but her big eyes were full of anxiety, as though she could sense that her body was failing. She could not keep down a sachet of the peanut paste that can do wonders for malnourished children and was sent home with more in the hope her stomach would settle. Her father, Lavie, invited me back to his home, an outhouse belonging to a distant relative where Lavie, his wife, and their four children had lived since they fled rebel attacks on their home village two years previously.

The signature falsetto guitar of Congolese music drifted over the jagged rooftops of the tiny metal shacks sprayed across the slopes. Lavie’s wife, whose wedding ring he had fashioned from a plastic bottle top, was out foraging for leaves. Anna fell asleep on the shack’s lone bed. Her younger brother, Espoir, tottered around, oblivious to his sister’s plight.

A few weeks later I got in touch with the clinic’s medics to ask after Anna. When she had kept throwing up the peanut paste, the French charity had driven her to the hospital at Bunyakiri. By then there was little anyone could do. Her immune system destroyed by malnutrition, she died of an infection.

The heavens opened the day they buried Augustin Katumba Mwanke. The Congolese establishment sheltered under marquees in Kinshasa before the coffin that sported an enormous floral garland.47 In a black suit and black shirt Joseph Kabila arrived amid a phalanx of bodyguards manoeuvring to keep an umbrella over his head. It was a rare public appearance for a reclusive president said to have spent his early years in office in the company of video games. His face was expressionless. Barely two months had passed since he had rigged his way to victory in the presidential election, securing a second five-year term. Now the mastermind behind both his power and his wealth was gone. The previous day, 12 February 2012, the American pilot of the jet carrying a group of Kabila’s senior officials to Bukavu by Lake Kivu had misjudged the landing. Katumba’s last moments came as the aircraft veered off the runway and smashed into a grassy embankment. He was forty-eight.

One other guest at the funeral stood out. He was the lone white face in the front row. Kabila clasped his hand. The burly, bearded man in a yarmulke, the Jewish skullcap, was Dan Gertler. He was the all-important intersection between the shadow state that controlled access to Congo’s minerals and the multinational mining companies that coveted them.

The grandson of one of the founders of Israel’s diamond exchange, in his early twenties Gertler set forth to seek his own fortune. He went to Angola, then still deep in civil war and a rich source of diamonds. But another Israeli, Lev Leviev, had already staked a strong claim there. Gertler arrived in Congo in 1997, days after Laurent Kabila had overthrown Mobutu. An ultra-orthodox Jew, he was introduced by a rabbi to Joseph Kabila, newly installed as the head of the Congolese army.48 The younger Kabila and Gertler had much in common. Each stood in the shadow of his elders, carrying a heavy burden on young shoulders into the cauldron of Congolese warfare and politics. They became firm friends.

Gertler soon discovered the value of his friendship with the president’s son. Kabila Sr was in urgent need of funds to arm his forces against Rwandan and Ugandan invaders and to butter up his allies for the fight.49 When Joseph took his new friend to meet his father, the president told the young Israeli that if he could raise $20 million without delay, he could have a monopoly to buy every diamond mined in Congo. Gertler cobbled together the cash and was granted the monopoly.

Not for the last time, an arrangement that suited Gertler and the Kabila clan hardly served the interests of the Congolese people. ‘It wasn’t a good deal for us,’ Mawapanga Mwana Nanga, then the finance minister, told me. ‘We should have opened the market to the highest bidder.’50 UN investigators declared that Gertler’s diamond monopoly had been a ‘nightmare’ for Congo’s government and a ‘disaster’ for the local diamond trade, encouraging smuggling and costing the treasury tax revenue.51 It could not last. After Joseph Kabila succeeded his assassinated father in 2001, the monopoly was cancelled under pressure from foreign donors.52

Gertler was not deterred. He re-established a commanding position in the Congolese diamond trade by arranging to buy stones from the state-owned diamond miner and began to turn his attention to the far bigger prize: the copper and cobalt of Katanga, where production and prices would rise dramatically as Asian demand for base metals soared. His most important asset – his bond with the new president – was intact. ‘Gertler showed that he could help the family and, in return, they said, “We can do business with you,”’ a diplomat who spent years watching Gertler’s exploits in Congo told me. ‘Kabila can only keep himself in power with the help of people like Gertler: it’s like an insurance mechanism – someone who can get you money and stuff when you need it.’

Over the years that followed, Gertler cultivated Katumba too, even inviting him to a party on a yacht in the Red Sea that included a performance by Uri Geller, the Israeli illusionist and self-proclaimed psychic.53 In a reverie of gratitude to Gertler, in the final pages of his posthumously published memoir Katumba wrote that ‘in spite of all our seeming differences, I am proud to be the brother you never had.’54

The trio of Kabila, Katumba and Gertler was unassailable. ‘It’s like an exclusive golf club,’ one of Kabila’s former ministers told me. ‘If you go and say, “The founders are cheating,” they’re going to say: “And who the hell are you?”’55 Gertler’s role in this exclusive club was manifold. ‘It’s an amalgam – business, political assistance, finance,’ said Olivier Kamitatu, who became an opposition legislator after his five-year stint as Kabila’s planning minister.56 Gertler’s particular contribution was to build a tangled corporate web through which companies linked to him have made sensational profits through sell-offs of some of Congo’s most valuable mining assets. ‘The line between the interests of the state and the personal interests of the president is not clear,’ Kamitatu told me. ‘That is the presence of Gertler.’

Since he first rode to Laurent Kabila’s rescue with $20 million to fund the war effort, Gertler has proved himself invaluable to Congo’s rulers. Katumba wrote in his memoir that Gertler’s ‘inexhaustible generosity, and the extreme efficiency of his assistance, have been decisive for us in the most crucial moments.’57 Deals in which he was involved are said to have helped finance Joseph Kabila’s 2006 election campaign.58 Kamitatu told me that Gertler had helped Kabila win that election and said he had also come up with cash for the military campaign against Laurent Nkunda’s rebels in the East. I asked Gertler’s representatives whether he had assisted Kabila at these moments and during the 2011 elections. They did not respond. Gertler has, however, denied that he has underpaid for Congolese mining assets. ‘The lies are screaming to the heavens,’ he told a reporter from Bloomberg in 2012.59

Kamitatu, who is the son of one of Congo’s independence leaders and trained in business before a political career that began as a senior figure a rebel group during the war, sees the shadow state as the root of his nation’s failure to escape poverty. ‘You can’t develop the country through parallel institutions. Every infrastructure project you undertake is not done through a strategic vision but with a view to the personal financial results,’ he told me as we sat at his house in Kinshasa in 2013. Politics and private business have fused, Kamitatu believed. Winning a presidential election costs tens of millions of dollars, and the only people with that kind of money are the foreign mining houses. ‘I am extremely worried about a political system where the voters are starving and the politicians buy votes with money from natural resource companies,’ Kamitatu said. ‘Is that democracy?’

Dan Gertler’s Congolese mining deals have made him a billionaire. Many of the transactions in which he has played a part are fiendishly complicated, involving multiple interlinked sales conducted through offshore vehicles registered in tax havens where all but the most basic company information is secret. Nonetheless, a pattern emerges. A copper or cobalt mine owned by the Congolese state or rights to a virgin deposit are sold, sometimes in complete secrecy, to a company controlled by or linked to Gertler’s offshore network for a price far below what it is worth. Then all or part of that asset is sold at a profit to a big foreign mining company, among them some of the biggest groups on the London Stock Exchange.

Gertler did not invent complexity in mining deals. Webs of subsidiaries and offshore holding companies are common in the resource industries, either to dodge taxation or to shield the beneficiaries from scrutiny. But even by the industry’s bewildering standards, the structure of Gertler’s Congo deals is labyrinthine. The sale of SMKK was typical.60

SMKK was founded in 1999 as a joint venture between Gécamines, Congo’s state-owned mining company, and a small mining company from Canada.61 SMKK held rights to a tract of land in the heart of the copperbelt. It sits beside some of the planet’s most prodigious copper mines, making it a fair bet that the area the company’s permits cover contains plentiful ore. Indeed, Gécamines had mined the site in the 1980s before Mobutu’s looting drove the company into collapse.62 After a string of complicated transactions beginning in November 2007, involving a former England cricketer, a white crony of Robert Mugabe, and assorted offshore vehicles, 50 per cent of SMKK ended up in the hands of Eurasian Natural Resources Corporation (ENRC), whose oligarch owners had raised a few eyebrows in the City of London in 2007 when they obtained a London Stock Exchange listing for a company they had built from privatized mines in Kazakhstan.63 The Congolese state, through Gécamines, still owned the remaining 50 per cent of SMKK.

Toward the end of 2009 ENRC bought an option, only made public months later, to purchase the 50 per cent it did not already own. The strange thing was that ENRC did not buy that option from the owner of the stake, state-owned Gécamines, but from a hitherto unknown company called Emerald Star Enterprises Limited.64 Emerald Star was incorporated in the British Virgin Islands, one of the most popular secrecy jurisdictions, shortly before it struck this agreement with ENRC, which suggests that it was set up for that specific purpose.65 There is nothing in Emerald Star’s registration documents to show who owns it. But other documents related to the deal would later reveal the identity of its principal owner, Dan Gertler’s family trust.66

At this stage all Gertler had was a deal to sell to ENRC a stake in SMKK that he did not yet own. That was soon rectified. On 1 February 2010, Gertler’s Emerald Star signed an agreement with Gécamines to buy the Congolese state’s 50 per cent share in SMKK for $15 million.67 ENRC duly exercised its option to buy the stake by buying Emerald Star for another $50 million on top of the $25 million it had paid for the option. The interwoven deals were done and dusted by June 2010.68 All the corporate chicanery masked a simple fact: the Congolese state had sold rights to a juicy copper prospect for $15 million to a private company, which immediately sold the same rights on for $75 million – a $60 million loss for the state and a $60 million profit for Gertler.