Volume III - Annexes

INTERNATIONAL COURT OF JUSTICE
CASE CONCERNING ARMED
ACTIVITIES
ON THE TERRITORY
OF THE CONGO
DEMOCRATIC REPUBLIC OF THE CONGO
V.
UGANDA
REJOINDER
SUBMITTED BY
THE REPUBLIC OF UGANDA
VOLUME III
ANNEXES
6 DECEMBER 2002
VOLUME ID
ANNEXES
15 Dec. 1998
Annex 31:
Feb. -Mar. 1999
Annex 32:
26 Feb. 1999
Annex 33:
12 April 1999
Annex33A:
31 May 1999
Annex 34:
18 June 1999
Annex 35:
11 Oct. 1999
Annex 36:
14 Oct. 1999
Annex 37:
21 March 2000
Annex 38:
INDEX OF ANNEXES
IN CBRONOLOGICAL ORDER
VOLUMEID
Radio Message by H.E. President Yoweri Museveni,
Commander-In-Chief of UPDF, to Chief of Staff and
ail UPDF Units in DRC, 15 December 1998
Victoria Diamond, Articles of Association and
License to Trade in the Democratic Republic of
Congo, February-March 1999
U.S. Department of State, 1998 Country Report on
Human Rights Practices: Democratic Republic of the
Congo, 26 February 1999 (excerpts)
Letter from J. Senkuiija to Mr. Deo Tonda, 4 April
1999
Corporate documents for Trinity (U) Limited,
31 May 1999
Letter from James Kazini to Madame Lotsove Adele
Regarding Her Appointment as a Provisional
Governor oflturi and Haut-Uele, 18 Jùne 1999
Letters from Dara Lakes (Industries) Ltd. to the
Commissioner for Forestry, Ministry of Water, Lands
& Environment, Regarding Applications for Permits
to Harvest Hardwood, 11 October 1999
Corporate documents of Dara Great Lakes (Industries)
Ltd., 14 October 1999
Letter from Pross Baraba, Director of Dara Great
Lakes (Industries) Ltd., to the Commissioner for
Forestry, Ministry of Water, Lands & Environment,
Regarding a Request for a Concession in Budongo,
Bugoma, Mabira and Kalinzu Forest Reserves, 21
March2000
21 March 2000
Annex 39:
2 June 2000
Annex 40:
5 July2000
Annex 41:
18 Sept. 2000
Annex 42:
18 Sept. 2000
Annex 43:
18 Sept. 2000
Annex 44:
17 Nov. 2000
Annex 45:
2001
Annex 46:
24 Jan. 2001
Annex 47:
14 Mar. 2001
Annex 48:
3 April 2001
Annex 49:
Letters from Pross Baraba, Director of Dara Great
Lakes (Industries) Ltd., to the Commissioner for
Forestry, Ministry of Water, Lands & Environment,
Regarding Practical Conservation Through
Certification Forestry, 21 March 2000
Memorandum Regarding the Handover of Factory
Property (La Forestière), 2 June 2000
Letter from John Kotiram, Director of Dara Great
Lakes (Industries) Ltd., to the Commissioner for
Forestry, 5 July 2000
Licences to Take Forest Produce Issued to Dara Great
Lakes (Industries) Ltd., 18 September 2000
Conditions for Provisional Licenses to Harvest and
Process Forestry Produce in the Budongo, Bugoma,
and Mabira Forest Reserves, 18 September 2000
Letter from Deo Byarugaba, Acting Comnussioner for
Forestry, to MIS Nyota Wood Industries (U) Ltd.
Requesting a Permanent or Special Clearance Permit
for Transit Timber, 18 September 2000
Alex B. Atuhaire, "Kabila Shows Awori 143 UPDF
Prisoners," The Monitor, 17 November 2000
Jean Pierre Bemba, Le Choix de la Liberté, Venus
Press (Gbadolite), 2001 (excerpts)
"Congo Parliament OKs Kabila's Son as President,"
CNN, 24 January 2001
Letter dated 14 March 2001 from the Chargé
d'affaires a.i. of the Permanent Mission of Uganda to
the United Nations addressed to the President of the
Security Council, S/2001/224, 14 March 2001
Response by the Government of the Republic of
Uganda to the Report of the UN Panel of Experts on
Illegal Exploitation of Natural Resources, 3 April
2001
2
12 April 2001
Annex 50:
23 April 2001
Annex 51:
24 April 2001
Annex 52:
3 May2001
Annex 53:
3 May2001
Annex 54:
3 May2001
Annex 55:
4 May2001
Annex 56:
9 May2001
Annex 57:
"Zimbabwean Minister Defends Involvement in
Congo," Xinhua News Agency, 12 April 2001
Jolm Kakande, et al., "Time To Leave DR Congo,"
New Vision, 23 April 2001
Reaction of the Government of Rwanda to the Report
of the Panel of Experts on the lllegal Exploitation of
Natural Resources and Other Forms of Wealth of the
Democratic Republic of the Congo (Annex to the
Letter dated 24 April 2001 from the Permanent
Representative of Rwanda to the United Nations),
S/2001/402, 24 April 2001
United Nations Security Council, Record of Meeting
Regarding the Situation Concerning the Democratic
Republic of the Congo, S/PV.4317 and S/PV.4317
(Resumption), 3 May 2001
United Nations Security Council, Statement by the
President of the Security Council, S/PRST/2001/13, 3
May2001
Response by the Govemment of the Republic of
Uganda to the Report of the UN Panel of Experts on
the Illegal Exploitation of Natural Resources and
Other Forms of Wealth of the Democratic Republic of
the Congo (Annex to the Letter dated 4 May 2001
from the Permanent Representative of Uganda to the
United Nations), S/2001/458, 9 May 2001
Letters from Kofi A. Annan, Secretary General of the
United Nations to H.E. Yoweri Kaguta Museveni,
President of the Republic ofUganda, 4 May 2001
Statement dated 7 May 2001 by the First Deputy
Prime Minister/Minister of Foreign Affairs on
Uganda's Troop Withdrawal from the Democratic
Republic of the Congo (Annex to the Letter dated 8
May 2001 from the Chargé d'affaires a.i. of the
Permanent Mission ofUganda to the United Nations),
S/2001/461, 9 May 2001
3
19 July 2001
Annex 58:
20 & 23 July 2001
Annex 59:
Testimony of Hon. Bernadette K. Bigirwa before the
Judicial Commission of Inquiry into Allegations into
Illegal Exploitation of Natural Resources and Other
Forms of Wealth in the Democratic Republic of
Congo (the ''Porter Commission"), 19 July 2001
(excerpts)
Testimony of Hon. Stephen Kavuma before the Porter
Commission, 20 & 23 July 2001 (excerpts)
4
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ANNEX I
150010c DEC 1998
FM: H. E
TO: · AGCOS
INFO: MSD
AC
ALL UNITS,
FM H.E FR AG. COS.
1. ENSURE THA T THERE IS NO OFFICER OR MAN OF OUR FORCES IN
CONGO WHO ENGAGES IN BUSINESS.
2. ALSO REPORT TOME ANY OTHER PUBLIC SERVANT WHETIOER
CURRENTL Y BASED IN CONGO OR NOT WHO TRIES TO ENGAGE IN
BUSINESS IN CONGO.
3. HOWEVER, OTHER UGANDAN BUSINESS:tvffiN (WHO ARE NOT
SOLDIERS OR PUBLIC SERVANTS, INCLUDING ALL POLITICIANS OR
THEIRFAMILIES), SHOULD, GIVENTHEF:LUIDSECURITYSITIJATION
IN CONGO, BE ASSISTED IF NECESSARY, TO DO BUSINESS TIOERE IN
ORDER TO ALLEVIATE THE ACUTE NEEDS OF TIOE POPULATION AND
ALSO TO ESTABLISH LINKS FOR THE FUTURE. THE PURPOSE OF THIS
DIRECTIVE IS TO ERASE THE FEELING THA TI ORDERED OUR FORCES
TO LOOT MINERALS FROM CONGO AND NOT TO DEFEND OUR
SECURITY INTERESTS.
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NOTE DE PERCE ION
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VICTORlfi.D lfiMOND S.P.itl(-:::·~-~;- .
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fict2 Constitutif et Statuts \', l ', ·.:··
Entre tes soussignés
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AHMEO IBRAHIM, de nationalité Libanaise, né à BEYROUTH en 1972 ét résidant à GOMA·
Cto B.P .. 303 Goma. ROC :
KAY NOUHUUKIRE, de nalionalilé ougandaise, né à KAMPALA en 1976 et résidant à
GOMA-C/o B.P. 303 Goma, ROC.
1/ a été convenu ce gui suit :
TITRE I : DENOMINATION. SIEGE SOCIAL, OBJET & DUREE
. . .
·· Article 1 :Entre les personn-es prénommées, il est crée une, société privée .à resl)Onsabililê
limitée dénommèe VICTORIE OIAMONO SPRL conformément à la législation
Congolaise :
Article 2 : Son siége Social est établi dans la ville de GOMA, Commune Urbaine de Goma; li
pourra être transféré à tout autre endroit de la Répl!blique Démocratique du Congo
sur décision de l'assemblée générale : il en est de même pour l'ouverture et
lïmplan1alion des agences. succursales. dépôts, comptoirs ou quelconque
ri:μrèsenlation :
Article 3 : VICTORIA DIA ',IOND S.P.R.L. a pour objel l'Achal. la Comme,cialisalion el
l'Expor1alion des ,,,inerais.
L'ob1et ainsi défini pourra être modifié à tout moment par l'assemblée générale !.les
associés. délibérant dans le respect des disposilions statuaires:
Article 4 : VICTORIA OIAMOND S.P.R.L. esl consliluée pour l•rie durée: indéterminée à daler
de la s,gnalure du présent acte.
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TITRE Il: OU CAPITAL SOC/Al. ET DES PARTS SOCIALES ',' :i.LE
f .. !;.
~:,:,;-.1A
A11tcle:,. VICTORIA OIAMOND SPRL a pour Capital Social l'êquivalenl de 200:000 USD en
Nouveaux.Zaïres représenté par 100 parts sociales d'une valeur nàminale,~quivalenl 'r
à 2.000 USD en Nouveaux Zaïres chacune. •· •· .. ...•. ~
Article 6 : Ce Capital Social est souscrit à 100% el de la manière ci-après :
Mr. AHMED IBRAHIM
Mr. KAY NOUHUUKIRE
: 70 part, 1oil 140.000 USO
: 30 parts soit 60.000 USD
100 parts soit 200.000 USD
Les associês déclarent et reconnaissent que le capital social lei qu'énoncè à l'article
6 esl libéré el mis à la disposition de la société. .
Article 7 : Le capital social ne peul être augmenté ou réduit que sur décision de l'assemblêe
genérale délibérant dans le respect des dispositions statutaires y relatives.
Article 8 : Chaque part sociale confère un droit égal dans la répartition des bénéfices et des
produits de la liquidation.
TITRE Ill : DE LA RESPONSABILITE DES ASSOCIES, DE LA CESSION OU
TRANSMISSION DES PARTS SOCIALES.
A111cle 9 La responsabilité de chacun des associés n'est engagée qu'à concurrence de sa
partition sociale.
Article 10 : Les parts sociales ne peuvent. à peine de nullitê, ètre cédées entre vifs ou
rransmissions pour :ause de mort qu'avec l'assentiment de la moitié des associés
possédant les 314 du capital social, déduction faite des droits dont la cession ou la
transmission est proposée.
T oule fois. cel assentimenl n'est pas nécessaire lorsque la. cession ou la
lransmission se réalise au profil d'un associé ou d'un héritier du cédant.
Ar1icle 11 les cessions entre vils. les transmissions pour cause de mort. les allributions en
cas de partage ne sont opposables à la société qu'à partir de leur inscription dans le
regislre des associés. · ·
:.,1,cre 12 : La pa,1 sociale est représentée par une inscription au registre des associês
Les dro11s des associés résulteront du prèsenl acle Clu des ceux qui le modifieronl
11Jlè11euremen1 ainsi que Ioules cessions rêguliêremenl consenlies .
.'..rticle· 13 : Il esl tenu au sii·y2 social, un registre des associés renseignant .
a) l~'.Gêsignalion précise de tout associé : ·
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.. : , b) ie·nd{nbre exacl des parts sociales revenant a chacun des assoc,ês .
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c) l'indication de:; versement:; cllr:ctur.!; : ~te::{tou"s' lrl;!; E < d) les cessions entre vifs intervenues pendant la vie sociale i,: ,, 1-
renseignemenls nècessaires y relatifs; ?\ t:0MA 1
el les ~ransmissions pour cause de mort ainsi que les attr_illuli0f1S ·-~~.:~~~~c~~~~~
survrvants. ·· ·,~--·:·:. 1,0,~::./
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TITRE IV: ORGANISATION ET SÎJRVEILL.ANCE
S/Titr 1 : OC? la gérance
Article 14 : La socièlè est ·~dministrèe par un ou plusieurs gérant nommé par l'Assemblée
Générale. ·
Le mandai de gérance est d'une durèe indélerminèe mais révocable en tout temps.
La cession des fo11ctions du gérant peul intervenir aussi par démission, en ce cas,
un préavis de trois mois doit être signifié aux associés. ·
\rticle 15 . Le gèranl a tout pouvoir d'agir au nom et pour co111pte de la socièté; il possède la
signature sociale qu'il n'utilise que pour le besoin de.la réalisation des objectifs dont
s·est assignès la société ; il peut également poser tout acle indispensable, exercer
quelconque poursuile el initier quelconque action judiciaire et les exécuter,
concilier. traiter. transiger et compromettre dans l'intérêt de la société.
En cas de faillite, intervenir â toute liquidalion et répartition.
Article 16.: Dans t'inlërél de la sociélé et dans l'optique de la réalisation des objectifs dont la
sociéié s'est assignés: le gérant peut déléguer à un tiérs ou attribuer à un associé
certains de ses ~l•i,voirs.
Celle déléga1ion ue pouvoir est révocable en tout temps.
Article 17 'La gérance engage el le cas échéant révoque tout personnel nécessaire au
concours de la réalisation des objectifs de la société, elle détermine leurs fonctions
et leur 1raitement.
Article 18 . La gerance ne contracte aucune obligation personnelle relativement aux
engagements de !a sociélé.
Article 19 Outre les Irais de représentation. de voyage et autres jugés nécessaires à
l'accomplissemenl de ses fonctions. le gérant bëneficie d'u~ traitement fixé par
l'assemblée générale et qui sera prélevé sur les Irais généraux.
S!Titre 2: De l'Assemblée Générale
Anicle 20 L'as~emblée générale esl la réunion de tous les associés : la représenlalion y est
· · aclm:se. L'assemblée Générale dispose des pouvoiffi les plus élendus sur !oui acte
'· .;
':· '. \ \\· . \
•• QU! 1~t~resse la sociélé : Ses décisions sonl obligatoires pour lous les associés, .
. . ,. ,rné·mejt>senls 01J dissidents.
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Ces dcrniércs so~l prist>s à la majorilè simple des volants sauf j es qll'e)i'.~prts · ·,'
importanles lelles que la modification des staluts. l'augmentation ~ ~ réduçjjg!ii~ )
capital social, la cession ou,la transmission des parts sociales ·~o.(il la majorité/,'
absolue des associés détenant les Y. di.t capital social est requise. \~ ~· .. •• ~ .. ,-,:,
"•.: ... ;;",'W·
Article 21 : L'Assemblée Générale se réunil sur l'inilialive du gérant el sous sa pré~·ncé
ordinairement une fois par an extraordinairement chaque fois que le besoin l'exige
sur convention de la gèrance ou de la majorilè absolue des associés.
Article 22 : L'Assemblée Gênêrale reçoit annuellement le rapport de la gérance el délibère sur
le bilan de l'exercice social : elle se prononce également sur le compte pertes et
profils : par un vote spécial sur le sort de la gérance.
Titre V: BILAN ET INVENTAIRE.
Article 23: L'exercice soc::il va du 1" janvier au 31 décem~re de chaque annêe:
exceplionnellemenl ce ,., exercice social prendra cours à la dale de la signature
du présent slalu1s.
Article 24 : A la lin de chaque exercice social ; la gérance doit cl5lurer les comptes el dresser
un invenlaire sur tous les biens de la société, créances el dettes de la société
clairement expliquées ainsi que la situalion de tout associè vis-à-vis de la société.
Article 25 : Un collège des commissaires aux comptes est mis en place pour te besoin de la
cause. dans lequel le gérant ou ·,out associé qui aurait participé de quelconque
manière à la gestion. ne peul prendre part.
Article 26 : L'excèdenl favorable du bilan, après réduction des charges. frais généraux et
amor1lssemenl$ nécessaire, constituent le bénéfice net de la société. Il sera
répar1i entre 'll3 associés proportionnellement aux par1s sociales détenues
personnellemeM : chaque part sociale donnant un droit égal.
L'Assemblée GP.nérale peul toutefois décider que loul ou une par1ie de bénèfice
sera affeclê à la création d·'un fonds de réserve ou d'un fonds d'amortissement
des par1s sociales ou reporté à nouveau. Les dividendes sont payables chaque
année aux époques el de la manière lixée par l'assemblée générale.
TITRE VI : MODIFICA T/ON AUX STATUTS.
A111cle 27 : Toule dèc1s1on de modification aux prê$enls sla\uls afférente à l'augmentation ou â
1a rêduclion du capilal social ainsi qu'à la lransformalion ou à la fusion de la
so9êlè do11 êlre prise conlormêmenl aux prescrits des articles J, 7. 10 el 20 des
préserirs s1a1u1s
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· Yitre VII: DISSOLUTION & L/QUDATION.
. .
Article 28 : La sociëlè peul êlre, rnoyerinant l'observance des larmes prescrites pour les ·
modifications aux statuts, dissoute en tout temps. Cette question de âissolution·peut
aussi ëtre soumise à l'Assemblée Générale par la.gérance en tout temps en cas de
perte de la moitié du capital social ; la question se délibère dàns le respect des
!ormes prescrites aux articles 3, 7 et 20 des présents statuts.
Article 29 : En cas de dissolution de la société, l'Assemblée Générale dispose des pouvoirs les
plus étendus pour désigner le ou les liquidateurs, détenniner leur pouvoir et
émoluments, fixer le mode de liquidation.
Au défaut de désignation d'un liquidateur, le gérant sera à l'égard des tiers
considèrè comme tel. .
Le solde favorable de la liquidation sera partagé .entre les associés
proportionnellement aux parts sociales détenues individuellement, chaque part
conférant un droit égal.
Titre Viti : DIVERS.
Article 30 : Toute contestation qui pourraij surgir entre Ill$ assoc(és ou entre la société et ses
associés pendant la vie sociale ou lors de la liquidation, sera de la compétence du·
tribunal de grande instan~e de Goma.
Article 31 : Toute clause des présents statuts contraire aux dispositions impératives de la
législation sur les sociétés serait considérée inexistante et toute celle inexistante,
serait consid~[ée y faire partie.
Article J2 : Le gérant sera désigné en assemblée générale extraordinaire des associés.
Fait à Goma. le 20 février 1999
/
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Page 1 of26
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The State Department web site below is a permanent elecb
information released prior to January 20, 2001. Please see
material released since President George W. Bush took ofl
This site is not updated so extemal links may no longer fu1
us with any questions about finding information.
NOTE: Extemal links to other Internet sites should not be
endorsement of the views contained therein.
U .S. Department of State
Democratic Republic of Congo Country Report on Human Rights Practices for
1998
Released by the Bureau ofDemocracy, Human Rights, and Labor, February 26, 1999.
DEMOCRATIC REPUBLIC OF CONGO
Most of the Democratic Republic of Congo (formerly Zaire) continued to be ruled by President
Laurent Des ire K.abila, whose Alliance of Democratic Forces for the Liberation of Congo-Zaire
(ADFL) overthrew the authoritarian regime of Mobutu Sese Seko by armed force in 1997. The State
continued to be highly centralized formally-although in practice the country's dilapidated
transportation and communications infrastructure impaired central Government control--and Kabila
continued ta rule by decree, unconstrained by a Constitution or a legislature. Although the
Government finished a draft Constitution in March, only portions of it had been published by year's
end, and Kabila continued to ban political party activity. The judiciary continued to be subject to
executive influence and corruption.
By year's end, the Government had lost control of more than
one-third of the country's terri tory to a rebel organization, the Congolese Rally for Democracy (RCD),
dominated by members of the Tutsi ethnie minority. The rebellion started in early August, when
K.abila tried ta expel from the country Rwandan military forces that had helped him overthrow
Mobutu, and upon which the Congolese Tutsis and the governments of Burundi, Rwanda, Uganda
and Burundi ail relied for protection from hostile nongovemmental armed groups operating out of the
eastem part of the country. Tbese groups included: the Interahamwe militia of ethnie Hutus, mostly
from Rwanda, which fought the
Page 3 of26
demonstrations, resulting in arrests and detentions. It also harassed and imprisoned members of
opposition parties, and exiled a principal political opponent to his home village, altbough it later
released him. The Govemment harassed human rights nongovernmental organizations (NGO's). The
Govemment banned the human rights group AZADHO, one of the leading human rights
organizations, and seized copies of its annual report on buman rights. It also established a
commission to review the "good standing" of ail human rights organizations. The Govemment
strongly resisted efforts by the United Nations to investigate reports of massacres in 1996 and 1997,
leading to the withdrawal of the UN Investigative Team from the country. Violence against women is
a problem and rarely is punished. Female genital mutilation persists among isolated populations in
the north. Discrimination against ethnie minorities and indigenous Pygmies is a problem. After the
start of the civil war, there was serious and widespread discrimination and violence and extreme
official prejudice against members of the Tutsi ethic minority. Security forces extrajudicially killed or
summarily executed ethnie Tutsis and suspected rebels in the capital, and detained civilian Tutsis at a
Kinshasa military camp. There were credible reports ofbeatings, rapes and extrajudicial lcillings at
this camp, and reports of lcillings and other abuses of Tutsis elsewhere in the country by both security
forces and mobs. State-owned radio stations repeatedly broadcast hate messages, sometimes issued
by senior govemment officiais, which may have contributed to official and societal violence against
Tutsis. There are unconfinned reports indicating that in August at least some governrnent military
units received orders to execute all Tutsis in those units or in the general population in the areas
where those units were stationed. Child labor remained a common problem in the informai sector.
Sorne nongovemmental armed groups fighting on the side of the Government, RCD forces, and mobs
al! com.mitted many serious abuses, including many extrajudicial killings or summary executions in
territories under their control.
Rebel forces committed extrajudicial killings in terri tories under their control including the massacre
of church and Jay workers on August 23, and shot down a civilian jetliner on October 1 O. RCD forces
were responsible for disappearances and reportedly tortured, raped and detained many civilians. They
also endangered the civilian population of Kinshasa by cutting electricity and disrupting the water
supply and commercial food shipments during an unsuccessful effort to take the capital in August.
Although it often was difficult for victims and witnesses to distinguish RCD rebel forces from
elements of the Rwandan army due to their close cooperation and commonalities of language and
equipment, Rwandan army personnel also reportedly committed many serious human rights abuses,
including extrajudicial lcilling, torture and rape. Although Angolan and Zimbabwean aircraft and
artillery bombed or shelled areas inhabited by civilians in Kinshasa and Kisangani, there were few
reports of burnan rights violations by the elements of sorne foreign government anned forces
operating in the country, including the Cbadian, Namibian, Ugandan and Zimbabwean armed forces;
there were reports that foreign armed forces on both si des of the war sometimes restrained or
mitigated the human rights abuses of their Congolese allies, in particular by safeguarding prisoners.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, lncluding Freedom From:
a. Political and Other Extrajudicial Killing
The security forces executed many unarmed civilians in Butembo in North Kivu Province in late
February for suspected collaboration with local Mai Mai militias then hostile to the Kabila
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Page 6 of26
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punislunent
Althougb the law forbids torture, security forces and prison officiais used torture, and often beat
prisoners in the process of arresting or interrogating them.
Authorities of the Kabila administration have not responded to charges of inrnate abuse and repeated
beatings by its security and prison officiais.
Members of the security forces also raped, robbed, and extorted money from civilians; some abusers
were prosecuted (see Section l.a.) Incidents of physical abuse by security forces occurred during the
arrest or detention of political opponents. Security forces arrested Eugene Diomi, head of the political
party Front for the Survival ofDemocracy (FSD), at his home on December 11, 1997, raping two
female relatives and stealing valuables. Diomi was held at a military camp, and reportedly severely
beaten on a daily basis, until his provisional release under military guard for medical care January 8.
In February, at the time of the arrest and exile ofDemocratic Union for Social Progress (UDPS) party
leader Etienne Tshisekedi (see Section l.d.), security forces detained several members of the UPDS at
his residence and physically abused them; they were released several days later.
Aiso in February, Joseph Albert Mena, former member of the transitional parliament during the
Mobutu era, was arrested and beaten repeatedly in the basement of an unofficial detention facility,
following his arrest during the transit of the presidential motorcade through Kinshasa. Mena was shot
at, and then arrested, after failing to move bis vehicle out of the way of the motorcade quickly
enough. Accused of attempting to assassinate the President, he was released after a visiting
presidential deputy chief of staff recognized him at the detention facility and arranged his release.
On March 13, 5 members of the UDPS were arrested at the party headquarters and physically abused
in detention before their release on March 14.
There were numerous reports of torture of Tutsi civilians and captured rebels by govem.ment security
forces during the civil war. There were repeated reports of torture at a government detention center
for Tutsi civilians, Camp Kokolo in Kinshasa (see Section l .d.). In August, persons who were
determined not to be Tutsis and released from Camp Kokolo reported seeing detainees there whose
ears had been eut off, and one person who had been disemboweled. Members of the presidential
guard beat and wbipped persons evacuated from the Burundian embassy in August. Military officers
beat and injured Ugandan diplomats being evacuated from the country at Kinshasa's airport in
August. Government officials tortured many of the Tutsis and other easterners whom they arrested
and many ofwhom they killed at Kisangani before the city fell to the Rebels on August 23; some of
more than 30 persons who were arrested but were not killed claimed to have been tortured.
Civilians detained by RCD rebel forces during the civil war clairned to have suffered torture,
including rape, whippings, severe beatings that in some cases broke bones, and being forced to drink
their own urine. RCD forces reportedly arrested and raped more than 50 women and girls in the
Katudu district ofBakuvu on September 1.
The Kabila Government operated 220 k:nown prisons and other places of detention. In ail such
facilities, conditions remained harsh and life threatening, although the Government undertook work
at Kinshasa's main prison, Makala, to improve conditions. The Kabila administration provided food
URAnnex33
Page 11 of26
think tank Forces du Futur for violating the ban on public political activities. He was convicted by a
military tribunal in May and given a suspended
12-montb sentence and released (see Section I.e.).
Commandant Enselme Masasu, a founder of the ADFL, was arrested on November 26, 1997 and later
accused by President Kabila of a series of crimes, including drug trafficking and maintaining private
prisons. He was tried by a military tribunal in May and sentenced to 20 years' imprisonment (see
Section l.e.).
Pastor Theodore N goy was arrested on December 17, 1997 after he accused President Kabila at a
church-run seminar of generating a cuit of personality. He remained in detention until J uly 2.
In August the Government systematically arrested and detained Tutsi civilians throughout the
country. Many were killed (see Section l .a.) and some were tortured (see Section l .c.). However,
many survived. At year's end, at least 130 Tutsis remained detained without charge at Camp Kokolo
in Kinshasa, and at least 520 more remained detained without charge in Katanga, President Kabila's
home province. Hundreds--perhaps thousands--ofTutsis remained incarcerated, ostensibly for their
own protection. The Government granted the International Committee of the Red Cross (ICRC)
access to at least some ofthese detainees. The Government also held prisoners of war after August,
but Little is known about its treatment of them. However, the ICRC did have access to prisoners of
war.
At year's end, the Government held fewer tban a dozen political detainees, excluding Tutsis and
prisoners ofwar.
During the civil war, RCD rebel forces reportedly detained persons repeatedly. Many ofthose wbom
the rebels detained were Hutus. The rebels also detained, and allowed the International Comrnittee of
the Red Cross to visit, many prisoners ofwar. However, the RCD was not reported to have held large
numbers of persons in prolonged detention on the basis oftheir ethnicity.
Although the law prohibits and the Government did not practice forced exile, the Government sent
UDPS party leader Etienne Tshisekedi into interna! exile at his home village in East Kasai on
February 12, releasing him in July.
Denial of Fair Public Trial
The Transitional Act of the Mobutu regime and Kabila's Decree Law No. 3 provide for the
independence of the judiciary; however, in practice the judiciary was not independent of the
executive branch, which could and did manipulate it. The Kabila administration did not establish
mechanisms to ensure the independence of the judiciary by year's end. Ajudicial reform decree,
reportedly awaiting presidential approval since 1997, was not promulgated. The judiciary also is
ineffective and suffers from corruption.
The judiciary includes lower courts, appellate courts, the Supreme Court, the Court of State Security,
and a new military tribunal organized in August 1997. This tribunal ordered the executions of dozens
of soldiers and civilians in Bukavu, Goma, Kinshasa, and Lubumbashi during the year for various
violent criminal offenses, including murder and armed robbery. Local human rights groups expressed
concem at the summary nature of the justice dispensed by this military court, with no automatic right
URAnnex33
Page 12 of26
of appeal to a higher court, and many of the accused apparently lacking defense counsel. The tribunal
also began to sentence civilians for nonviolent offenses with political overtones.
In May a university lecturer, Kalele Ka Bila, and a free-lance joumalist, Jean-Francois Kabanda,
received 2-year sentences for spreading false rumors, after originally being charged with endangering
state security. They allegedly published an article appealing to ethnie prejudices in advocating
resistance to "Tutsi invaders" (see Section 2.a.).
Also in May, the special military tribunal tried Commandant Anselme Masasu, co-founder of the
ADFL, Arthur Z'Ahidi, head of Forces du Futur, and Joseph Olenghankoy, head ofFONUS, on
various charges. Masasu received a 20 year sentence for treason, Z'Ahidi, a 12-month suspended
sentence for violating the political ban, and Olenghankoy 15 years also for violating the ban on
political activity. Many observers considered ail three sentences to be politically motivated;
Olenghan.koy and Z'Ahidi were heads of opposition political parties, and Masasu was a potential rival
to President Kabila within the ADFL.
Also in May, joumalist Albert Bonsange Yema, who was arrested by the Govemment February 12 for
an article criticizing the arrest of Joseph Olenghankoy, was convicted by the State Security Court on
the charge of endangering state security and sentenced to 1 year in prison (see Section 2.a.).
Civil and crirninal codes are based on Belgian and customary law. The Legal Code provides for the
right to a speedy public trial, the presumption of innocence, and legal counsel at all stages of
proceedings. Defendants have the right to appeal in ail cases except those involving national security,
armed robbery, and smuggling, all of which are adjudicated by the Court of State Security, and cases
adjudicated by the special rnilitary tribunal, whose jurisdiction appears ill defined. The law provides
for court-appointed counsel at state expense in capital cases, in all proceedings before the Supreme
Court, and in other cases when requested by the court. The Kabila administration bas not stated a
position on providing counsel, but has done so at its discretion.
Corruption remains pervasive, particularly among magistrates, who are very poorly and intennittently
paid and poorly trained. The system remains hobbled by major shortages of personnel, supplies, and
infrastructure. The Kabila Govemment has acknowledged that the judiciary is dysfunctional, and took
one step to improve it by firing 315 magistrates in October, and hiring others.
At year's end there were fewer than a dozen known political prisoners, including Anselme Masasu
and Joseph Olengansky.
f. Arbitrary lnterference with Privacy, Family, Home, or Correspondence
Security forces routinely ignored legal provisions for the inviolability of the home and of private
correspondence. They ignored the requirement for a search warrant, entering and searching homes at
will. Opposition party leaders' residences often were raided by police, with arrests made and files
seized. ( see Sections 1.c. and 1.d.) The headquarters of various political parties were under
surveillance (see Section 2.b.) The Government is widely believed to monitor telephone
communications.
According to an Amnesty International Report, the FAC, the RCD, and the Rwandan Armed Forces
used forcible conscription, and many ofthose forced to enlist were children. However, most such
abuses were attributed to the rebels and the Rwandans.
URAnoex33
URAnnex33A
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URAnnex33A
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UR Annex. 33A
URAnnex34
URANNEX34
J fi!J • 1HIIJ'}'I
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has this day been incorporated with Limited Lia~-/
. . 1of.t. r:nx muKC Dated al Kampala, thi, .......... Ril2~AAR·-0f,:OM•:izs··· day
of... • ".~Y the yee, 19_9~ . ~J~::J/~UÎ';;_=
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URAnnex34
,'
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1/GMUM • llllllliS//0/'
URAnnex34
URAnnex34
y.-oK'l 't
_.. ---- ~\ \Slc~~E REPUBLIC OF UGANDA
THE COMPANIES ACT (CAP. 85)
\
COMPANY LIMITED BY SHARES
AND
ARTICLES OF ASSOCIATION
OF
TRINITY (U) LIMITED
Incorporated this ... .. : day of .. .. , 1999
J)RA WN AND EILRO nv:tilR.
GODFREY R\VALINDA
Al>VOCAT[
P.O. llOX 7!l!Jli
K ;\ ~) I' Al.,\.
1.
.1.
Tht: name of 1he Company is: "TRINITY (U) L
The Rc:gis1ered office of 1he Company slrn ll he si1ua1ed in lJga11da. PANIES
REGISTRAR OF COM
Thi: Olüccts fur whit.:11 1hc C'ompilny is t:swhlishecl arc:- KAMPALA
(a) To carry on 1he husiness pf gcncral 111cn:hamlisc. gcneral trade. impon. export.
and sell ci1her hy whnlcsalc or rcwil. prnjcc:t devc:lopme11t. indus1rial
dcvelopmcnl. scrvkc sec:ior.
(hl To carry 0111he l111si11css of rctail. wholcsi1le. impnners. e,qiortcrs and dis1ribu1ors
of 1111 1ypi:s of mcrchandi~c. ma1erials. c:0111111odities and ,uthtr gonds of wha1ever
di:scrip1ion in l lgmula ami in 01hcr cuu111rics.
lt:I To t:s1ahlish ami c.irry un the business nf s11pplyi11g tlec1rical and elec1ronics
c11uip111en1. 10 dt:al in gt:nt:ral mercha111s ami 111 impnrl. expon . . and 01her hy
whulcsak or rc1ail. shuc makl.'.r~. varions kiuds of goml~ ami merchandise
iuc.:luding s1a1inncry. 1c~1ik~. h,1t11s. hn.:s. machin.:ry. chcmicals. turni1urc.
11ph11ls1cry. dcctril:al appliarn:cs. huu~c -hold~. guulls ami lllht:r aniclcs of all
dcsc.:rip1iun.
(dl Tu carry on the husinc:ss of dcaling in 1hc manufoc1urc. marke1ing. importing.
exponing. s1ncking. huying. sclling wht:1her hy wholesa le or retail of v:irious
cari:gories of goods and mtrc.:handise. and act as commissio11 age111s and
111a1111fac1urc:1s representatives in all 1hl!ir tïelds.
(cl Tn carry c111 husiness as [?Cni:r:il 1rampnr1t:rs. c.:urritrs of goocls and passtngers
l'ither hy rnad. air. ,,r sca smrnge cnnrrnclurs uml warehuusemen. shipping
ch:aring. aiul forwanling ag.c111s. inwcl age111s. garage prnprittors. momr sparc
dealers. ho1cls. hars. and ca1ering c1111trai:1nrs.
<fi Tn lcnd mum:y 10 or g.rant or pmvide credit or tinancial accommo-da1io11 10 any
person ur wmpany in any case in which such gra111 m provi~ions is considered
likcly tlircc1ly ur imlircc1l>• 111 furihcr an~· of 1111~ uhjci:1s of 1he cnmrany or rhe
1111crcs1 ut' its mcmhi.:rs.
URAnnex34
URAnnex34
gl To inves1 any monie~ 111' 1111: co111pa11y noi immediately required for 1he purpose
of 1he husim:ss of the i:ump,wy in sud1 i11ves1111e111s (Olher rhan shan:s in the
company 11r ils hulding cu111panyl and in such manner as may from 1i111e 10 1ime
he deu: rmined and Ill hnld sc:11 or u1herwise dcal wi1h such invesunems.
hl To amnlgama1e wi1h ur e1111:r imo paru1ership ur any join1 purpose or profilmaking
arrangc1m:ms with ur 111 c.:11-operale nr 11anicipa1e in any way wirh llr
assis1 or ~uhsidizc .tny c.:omp.tny ur pcrsun c.:arrying un or pmpusing 111 carry on
any h11s111c~s w11hi1• 1hc uhjcc.:1~ of 1hc c11an1ia11y .
il Tu burrow and raist: muncy aml Sècurc ur dis1:ho1rgt: any dehl ur uhliga1iu11 of
or hin<linl! l'n 1111: c.:umpany ln suc.:h 111;11111er as may he 1hough1 rï1 and in
panicular hy 111ur1go1ges of or 1:hargt: upun 1ht: umh:r1.1ki11g and ail or any nt' the
real antl persona! pmpt:rly (prcsem ami future:) and rhe uncallo::d capital or the
c.:ompany or smck or 01her 11hl1ga1i1111s ur scc.:uritit:s of auy descnp1iun.
i> Tu \cll. cu:han)!c. t1111ngagc.:. k1 1111 ri.:111. ~hart: or pro1Ïr rnyahy m 111ht:rwist:
gram fa:cnsc~ c.t~cmi.:111 . 11p1i11ns. ~crvilmh.: ami 111hcr rights uver ami in any 111hcr
111anncr dcal wilh nr llis1111sc uf rhc u1uknak1111,!.. propc:ny. assc:1s. riglus and
c:IÏCl'I~ of the c.:11111pa11y 11r illl)' p;1r1 1hcrc11f fur s11d1 t:1111sidcrati1111 as may ht:
1h11ugh1 fit ami 111 p11ni1:11hir for ~1111:k~. slwrcs dd1.:n1urcs or uther nhliga1iotl~ or
sc1:11ri1ics wh.:1hcr t'ully or p.anly p.iill up Ill paid up 111 any 01hcr c11111pany.
~ 1 To cs1.1hl ish or prn111111c or t:olll:ur or p;ar1 ic.:ipa1c 111 cstahlishinl! ur prnm111i11g ~11y
wmpany tilt: t:s1ahllsh111c:111 or pm1110111111 of which shall he t:1111sidc:rc:d llc:sirahlc:
in the: intc:n:s1 M 1hc: cmnp,111y o111d 111 suhscrihc for umter-wrire . purt:h,isc:: or
01hcrwisc m:quirc thc ~h:m:s s111d..s mul sct:uri1ic~ uf any sut:h cmnpany or 111' ,Ill}'
t:111np:111y carryinl! 1111 any husinc~s 11r advi1y wi1hi111hc uhjcc1s of 1l1t: co111r:111y.
Il T11 proeurc rhc: rc:j!is1rnti1111 for i11corpnrn1io11 of cite c11111pany in or under 1hc
law.~ 11f ,Illy plat:e 11111sick llganda.
nll T11 suhsnihi: or guar.amcc 1110111:y for any 11a1innal d1ari1ahlc:. hcncvole111. general
,1r 11~<.:1111 11hjcc.:1 ,1r fur any c~hihitinn nr fur any purposc which 1nay hc
wns1dcrctl likcly clirccily ur i111lircc1ly 111 funhcr 1hc 11hjcc1s uf tht: 1:11nipany or
1hc 1111crcs1 of 11s 111c111hcrs.
nl Tu l!rlllll 11cnsiuns. ur ~ra1ui1ics lu any uflïi:crs. nr cmployecs or t:ll-officcrs or
c:x-c:mpluyces of rite company or its prt:deoesrnrs in business or of i1s holding
Company or suhsitliary cumpanics (if any or the rela1ions connec1inns of
depc:11dan1 of :Ill)' such p1:rso11s .uul tu es1ahlish or support nny assucia1ion.
ins1i1u1i1111s. clubs. huildilll! ,llld housing ~chc:mc~. funds and 1rusts whit:h nrny
hc cunsidcrcd c.:alculaied 111 hcndï1 m1y such persons or otherwise a<lvance 1he
in1crcs1s of lhc c11111pm1y or of i1s 111cmhcrs.
111 1-., <1c1 as scc:rc1arit:s. 111:tllal!crs. rcgistrars or m111sfer ngc111~ for uny oiher
c.:omp,111y.
. '
1whc1hcr 1111 m.:,u1111111f 1hc .:111npa11y ur 111hcrs) tïsh. replilt:s amphihians. animais
aml l>irds. hillcs and skins nf c:very tkscri(ltion and m huy. sell. warehouse.
1ranspnr1 hy h111d or warcr. imr>urt. cxpun. 1rade and deal in ail such tïsh. furs.
fea1hers. foi 1all11w. g.rc,1st:. utfal antl u1hcr ani111al pmduc1s of any kind
wh;usocvcr .
.ia) To carry 1111 1111: husiness of flt:lrul tïlling s1a1io11 (lfll[>riemrs.
hh) To acquin: hy com:cssion. grn111. pur~h,L'ie. h.Ïr1c:r leasc: licensc: or othc:rwise any
1rm.:1 ur 1rac;1s of c11u111ry in Uganlla 111gc:1ht:r wi1h such riçlus as may hc: agrecd
upnn and grnnrt:d hy llganda C.invcrmm:111 m 1he rulers nr owners thereof and
c:xpand such su1ns of mnncy as may hc dt:t:mt:d rcquisilc:: and advisahle in lht:
expunatinn. survcy and dc:velnpmt:lll 1herc:of.
tt:l Tu an1uirc hy c;um:cssinn. gram. purdmst:. !case lit:enst: or u1herwise c::i1lu:r
ahs11lu1cly ur ,nndi1io11.11ly ami t:ilhi:r sulely or jnimly with mhers any l10uses.
land. f:trms. w;ner. riglus and hcredi1mnc111 and any 111achinery. (lla111. uu:nsils.
m1tlc marks ami n1her nmvahlt: ;11111 immqvahlt: pruperty nf any des1:rir>1inn in
llganda.
,ldl T111:11ltivatc tca. niffcc. cind111m1. 1uh;1c1:u. couun. 1nai1.t:, 1mpaw pulse::. ruhht:r
ami 111her prnducc or 1:ro1>s uf t:vcry dcscrip1i11n and m carry 1111 lht: hm;incss uf
cultiva1nrs. huyers. winncrs and huycrs uf every kiml nf vege1ahles. minerai or
mhc:r pmlluoe uf lht: snil. 111 prt:p.irc 11rnnufoc111re and rendtr 111ark1Hable nny
such pmduce ei1her in i1s prer>art:d. manufa1:1un:d or raw suue and ei1hcr hy
wholesale or n:1:1il.
ccl T111rcill. ,ure. cuhi1 111 any pruccs~ 11r manufac1urc ami r>rtpan! for 1111: 111:irkt:1
(wht:1hcr un account uf 1111: cnmpany or mht:rsl lta. 1:1111,m. wool. silk.
hemp.sccds. wffcc cm:unurs. ~uj!ar ivury. oil. sc:eds. maizt:. wht:al. 1uhae1:n.
corn l,!r.lins. lmlia•ruhhcr. l,!Ulla·pcrnh,1. halara and 111her gums and any ulher
r>roducc. pruduc.:1s artic.:b or 1hilll!S wha1sucver: 111 huy. sell. warehoust:.
1ra11Sflllrl hy h111d nr walcr 1radc ami 1lcal in 11::;1. 1.:011011. woul. milk. hemp jure
s1:e1ls cui:1111111s . . wj!ar. uil sccds. 111;111.e. whc;11 cofti:e. 1:nrn grains and oiher
prud111:1s a, afurcsaid ami sccds ami ri<:c and 111her food ami requisire for
labuurcrs and 111hcr cmpluycd un cslèllt:s and ,11ly mhcr gonds. pruduct:. 1111:1als
livcs111ck. merd1a111lisc. s1orcs. 111a1crials and anyrhing of any kind. whatsoevc:r.
ffl Tu s1ud, any lands owned hy thc cumpany ;111d 10 hreed grow and dc:al in ail
kinds of s111ck. ca11lc shccp and 1mldm:c.
μμt Tu cs1ahlish ,111111:arry 1111 ,my nt" lhc said lands 1hc sev~ral trades or husiness ut
ph1111ing. farming. s111t:k hre~ding. 1h:aling. in caule. horses shec:p or mher
animais and trading in nalivc: prnducc m1cl .igricullurat pmduc1s of atl kincls.
hhl Tu i:arry 1111 lhc husi111.:ss ilS dc.1lcr~ in and pruduoers uf diliry lar111 and gardt:n
pnnlucc nf all 1.imls antl i11 panii:ular milk. ncam. h1111er. d1i:esc: poullry ;111d
l'l'.r~ l'ruir ami vq•r1ahk,.
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5
iil To makc, providc: ami use: rnilway~. tramways. tc:lc:graphs. canais. rm1tls ami all
othcr wurks ami mc::ms ur 1rnnspurt hy h111tl or water necessary and expetliem for
1he improvement of the pmpcr1y of the comrany and 10 contrihuct 10 the exrense
uf prumo1ing. making and using 1111: said works of any of !hem.
jj1 Tu csu1bli~h shop~ or s1urc:s un a11y uf the prciperiies uf the company and w
pun:hasc: ami sc:11 articlc:s :111<l g11ods 11f c:very 1kscriptiu11.
~l..i Tn carry un the business ut engirn!ers. meml. 1nachants. lumherc:rs. mc:rchams.
,1gems. fac111ric:s. i111por1ers. expnrters. scwlerç,. shi1l-owners. shi p-buil<lers.
chartcrcrs ut' ships ur 111hcr vc:sscls. warc-housemc:n. shir or insuram:e hmkcrs.
carric:rs. forwanling agems wharlingc:rs. sheep formers. stock owners and
breedcrs. ras1ure grazitrs. nmnufacturers uî e,macc of mec1. prtservcs êllld
packcrs nf provisions uf ail kinds. hrtwers. quarry uwners. brickmakers. wool
washers. 1ailors mt:hcrs. canners·. :mitïcial and mechanical c:ngineers
storektepers. commission agems. m,ders of any nther husiness similar tO any of
the fnn:l_!uing or appearing capable uf heing prolÏ!ahly the 1rades or business
usually llf s111nc1imcs carricd 1111 hy pcrsllns dcvcloping nny cnumry or plaoe wi1h
a vic:w Ill forming lllwns ur utherwisc 1urning 1hc rc:smm:cs (mim:rnl agricuhural
ur mherwisc) uf tht smm: tu ilccuunt.
Ill · Tu c.:arry un tht: husini:ss uf managing agc:111~. land. a11<I i:sratt: agents aml
manal_!crs. v1si1i11g ill!cnts. insurancc: agt111s. auc1iu11ecrs. hrokers and commercial
agcllts uf cvcry dcscrip1iu11 ami Ill assume the cu111rul ,1f or 1,1kt: part in the
111:uttgc:111cn1 .ttlll super-vision nf 1hc h11si11cs~. 1111dcr-1aking and asse1s Ill' ;111y
mhc:r c111n11any. assudatiun. IÏrm ur pcrsnns ci1hcr in the capaci1y of s1c:w;1r1I~.
or rcc.:civcr, ur i11 1ha1 11f lcasc~ ,ir tenants wi1h 1hc p11wi:r of mlvancing ai a
discou111 all or any 11f the accruing rem~ . r,1yaltic~. prnd11c1s or inc<1111ings of all
kinds aud 111 1rans,1c1 un c.:11n1111issi1111 the i:cnc:ral husini:ss of a land al!elll.
llllll) Tu carry 1111 1hi: hnsiuess uf il w,111:rw11rks c111npany in i1s hrnnchcs illld m sink
wells and tu 111akc: huild and cnns1ruc1. lay duwn :lllll m:iin1ai11 dams. resc:rvoirs.
Willer w11rks. cistcrns. culvens. lîhcr heds. mains and nther pipes and appliances
and tu cxcc111c: allll do all uthc:r m.:ts 1hat is uet:essary 11r convenient for ohtaining
slliring.. del 1vc:ri11g.. measuring.. dis1rihu1Î111.! ami dcaling i11 watcrs.
11111 Tu export a111I import gouds uf cvcrr dc:scripti1111 frum nvcrseas ;111111,!enernlly Ill
carr)• un 111 1111y 111111.:c ur places in the wnrhl nr any mhtr trudt: or husiness
whc1hcr ma11ut'ac111rinl,! ur 111hcrwisc suhsidiary ur auxilia ry m nr which can hc:
rn1wcnic111ly c.trrictl un in cu1111cc.:1i1111 with any uf the c11111pany's ohjects ami to
cslithlish for the wnd11c1 of 1111: business nf the: rnmp;rny nr for 1hc: Sille of any
llliltcrial nr 1hilll,lS fnr 1ht: tilllc hc:ing at 1hc disposai 111' the company for sale: .tnd
m advcnisc and ad11p1 111c:,111s ut' th1: wmpany m ;my ;irciclts ur gond ~radcd or
,kall with. in. ur hy lhe cumpany in any way 1h,11 may he 1huugh1 advisahle
Îtll'h1tli111•. tlw p11siti1111 nf hills i11 n•l:11 i,111 1h,•n• 111 anil 1h1• i~s11,· 11f ,·irrnlar~.
h1111ks. pamphlets. pricclis1s :ind 1hc c11mh1c1ing 11f competi1i1111s ami giving ur
priies. awards .111d <ln11,11i1111s.
6
(11q) AND il is herc!Jy dt:clarcd 1ha1 the word "Company" in 1his clause !Je dcemed
tu include any panner ship ur 01her body of persons whcther i11corpora1cd or nul
incorpora1ed and whe1her domiciled in Uganda or elsewhere and the i111e 111i1111 is
1ha1 ol>jcc1s specilied in each parngrnph !Je in 110 wish limited or res1ric1ed by
rcference 10 inference from 1hr: forms of any pnragrnph or 1he name of 1he
cumpany.
" TIIE LIADILITY OF TIIE MEMDERS IS LIMITED"
The share c.1pi1al of 1ht: company is Ili;!. Shs. 5,111111,0110/= (llgand,1 Shillings
Fh·c Million 1111ly) dividcd intu IUII {Ortli11ary sharcs) of llg. Shs. 511,0110/=
c:.ich wi1h powc:r Ill the company 10 im: rcasc m n:ducc 1hc same.
We. lhe scvernl pcrsons whuse naines. postal addresses and uccupatinns are here-umo subscribctl
arc dcsirqus of !Jcing formcd imo a cumpany in pursuancc of 1his memorandum of associa1ion
1nd wc respec1ively agree 10 1akc 1he nu111her of sharcs in the capi1al or 1he company sel op(l(lsi1e
our respective name.~.
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NAME, l'OSTAL Al)l}JOESSES
ANI> OCCUPATION OF
SUllSCRIUERS:
1. NIYIIUGIRA INNOCENT
P .o. nox 'J ,, J"'KA~
WA LA.
2. KA YITA OEO
l'.O. IIOX 10:H5
11'.AMl't\l.A.
.\. IIASIIAKA JAMES
r.o. nox , ). ?,
ffM,IPôlzr\, K. i ~ O Cl..,,
4. SEIWSIIAC.0 .IAI\IES
P.O. BOX ~:. ·) .~ 1)
KAt.ll'ALA.
DATE!) lhi.~ .t~r?,~~-.......... .
NUtl lllElt OF S!IA!OES
T,\IOEN Il\' EACII
SUUSCltlllEltS:
25%
CERTIFIED·
.?5%
or
SUBSCRlllERS:
WITNESS TO TIIE AIIO\IE SH;NATURES:
NAME IN FULL:
()CClll'ATl<lN:
l'OSTAI. 1\UUIU!:SS:
- M(.\.l,\. .. \) - o .. f.,SQ.· ············.·· ·•· ···.· ·········j·· iW/·U•'"N·· ,..
GOpFllE't ;,ovrPTf-~p,V.
o"/. 7898,
p,O• 0
... r. (;
~ \ <.'\· ~:-~~.)' 1 I
., .. ~
\O"\:' j..._!Jl~,C_ ..• l'~t:llf'-'i ~T CAP. Il~ , .·.;,111
""/ \'; .. ~'l\..>4- j .d -: :,tli':-. 1,.:1
MJ•ANY LlMITEü UY SllARFl. '.::::~.:::i,.: !.! '."11,.\.;{., , ... ,.
li- <, 1 [ ">' '"1 Cl l,h Ô' Il ,. \\1:' , o1,1 · lu• ,,,1,. •, 1,
•. ~· .: .
./L
/·;.·.·-
ARTICLES tU-' ,\SS<> ï,\ï~·~·# " .. ,. . ;;·,1
"; ,, , .. ;::·:::·;'.tt ""r
X oJU1'0 ,.. . ,. . :· . '·"" .,, . ..... ..... .,.,, .. ûl 0 Of ./ r · EL 'XJ •. UJUKQ .. !.~--~ -=-
. \\,,.......,. ,,. · r,1 .. , ...... ./.~ t:) /
' ;J.:.:..i-•• , / •:~Hhl•i. :\lô':1 1, ;1;111 "
/~ . .".li. TRINIT\' (U) LIMITEn
CERTIFIEU TRUE COP't
The Company is a "PRIVATE COl\olPANY" ANI> A{TORDINGLY:- ':
la)
(h)
The riglu 111 transfcr shan:s is rcs1ri1.:1cd in 1he nmnn · scrihed.
~ --- ?-J.. x mr nec
The nmnhcr of mcmhcr, 111' 1hc ('umpany (ext,;~s vc u per~t1fi/lre in ihe
c111ployn1cn1 ul' 1hc rnmpany ami for pcrsru«"'who having heen formerly in 1h«:
cmpluymcm have cominucd Ill hc mcmhtr of 1hc company) limired Ill lïfry
J)rnvidcd rhar whcrc 1wu 11r more pcmms hnld une or more shares in 1he cnmpany
juin1ly thcy ~hall fnr 1hc purposc of titis Art ides hc 1rca1cd ns a single: memhcr.
)'REUM(NARY REGISTRAR OF COMPANIES
KAMPALA
1. The regul::uions co111ai11ed in Tahle ·A• of the lirsl sclu:tlule 10 the Companies Act, shall
nply 1u the Company suhjc:<.:1 rn the mctlica1im1s special provisions ~ein containecl.
111 1hcsc Articles if mu i11c11nsis1c111 with 1lu.: s11hjec1 m nlljc<.:ls rite words s1amlini: in rhe
1ï rs1 wlumn for 1hc fulluwing T.ihh: shall hcar rhc nmming sel opposite thcm respec1ively
in the second cnlumn.
The Company
The Ac.:I
ll1c S1a1111c~
Thesc Ank- lc,
The Office
l';ml
ME.\NIN<;s
The Cmn1,any
Tht! ('umpanics Ac.:r
The Companies Act and every mher Ac1 for the
1i111c hcing in lim.:e aftcc1ing the Company.
Thesi: 1\r1 ides of As.~ot:iminn as originally formecl
ur a~ l'mm 111nc 111 rime altcrcd hy spet:ial
n:sulutil1n.
The Rcgistcrc<I oflÏl.:c for the 1i111e hei11g uf 1l1e
C ·umpany.
m C'redi1t:d as paicl.
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The Rc:_!isu:r 'l'he n:11.is1.:r uf memhers nf 1he Company required m he
kcp1 hy sec1i1111 11 '.! of 1he Act.
Tht: Scal Tht: cummun sea\ ,if the Company.
Tlu:: Sc:cn:rnry Any persnn appoin1ed 10 perform tht: du1ies of the
c·ompany.
St1vc as afon:snid any wurds ur expressions ,h:lincd in 1he s1.11u11:s shall hear 1he same nu::aning
in 1hc :midt:s. 1
) . Any hranch ur kind of husiness which 1he ('ompany is ei1her expressly or hy implica1io11
a111h11rized 111 undenakc 111ay hc untli:naken h>· rhe Oin::crors al such rinu: or 1imes as
1hcy slmll 1hi11k lit and funhc:r may hc suffcred hy them 111 hc in abeyanoe whether sudl
hranch or kind ur husilll::ss may have he,m ;1c111ally fît exredient 11111 10 commence or
pmcc.:d wi1h such branch or kind of business.
-1 . ·111c 11ftïce shall hc at such plates in ll!;!nt1da :ts 1hc L> irl!tturs shall from rime Ill 1ime
ilflJ)llint.
TRANSFlm ANn TRANSMISSION Of SIIARES
5. Any 1>arty 10 1his agrec:1111:111 pruposing 101ra11sfer any sliares shall give nmice in wriling
111 rhe other parties. The Transfer norice shall spccify the number of shares rhe
1rn11sft:rror prnpost:s 10 transfer. Tht: inilial p.1nies 10 this agreement shall have priority
uver any 01her party 10 purcli:L~e such shares.
fi. Suhject m such of 1\te restrictions of 1hese c1nicles as may he npplicahle any mt:mher
111ay transfcr all or any of his sharcs hy ins1ru111e111 in wruing in any usual nr cummon
l11r111 nr any u~hcr i'urm which 1hc Din:c111rs may apprnve.
7. The Directurs may decline to rcgister the transfer of a ~hare nm being a Jully paid share
111 a person of whnm tht:y ~hall m11 c1ppmve a11d may alsn decline 10 registi:r rhe transfer
uf a share on which the Company has ;i lit:n. The Direc1ors will also be empowered 10
rnncel any sharc or shares of any person and rt:fund that person rhe value of the shares.
111.: Din:cwrs will 1101 he n:quiretl 10 give any n:asnn for their action.
8. The: Directurs may also tlecline ro au1horizc·n11y instrument of rransfer unless :-
lal A fei: such as the Oirectnrs may fr11111 1i111e 111 1ime require is pnid 10 rhe
C'o111ra11y in rt:spcc1 thercof:
(hl The insmum:111 uf in111sfcr is accumpanied hy 1he oenitïcmt of the shan:: 10
which it relates allll such nther cvidence a~ 1he üm:c1nrs rnay reasonahly requirt
111 shnw ri)!III of thc 1rn11sfcr 111 111ah 1he m111sfcr:
''· 1 i' 1hc Dircc111rs refuse 111 rcl,!ÎStcr 1h1: 1rn11sfcr 1hi::y shall wi1hi11 rwn rn11111hs after the da1i:
1111 which the trnnsfer was lndgc::d with the ('0111pa11y senti 111 tht: 1n111.~lè:ree notice of the
ri.:fusal.
n.:arly as nrny he tu the a111111111t of 1hc o.:apital ht:ltl hy tht:m rcspec1ivdy or make any
111her provismns as Ill the issue of the ncw shares: h111 in defouh of any such
dt:terminatiun or Sil far il~ the s;11nc sh.tll mu extt:nd the nt:w shart:s 111ay be deah with
as if 1hey formed p,irt nf the slmc~ in the nri~inal capiial.
.:!li. becpt Sil for as uthcrwisc pruvi1h;d hy the w11di1111ns uf issue ur hy these anit:le~ any
OEpital raiscc.J hy the: crta1iu11 uf ncw slmn:s shall ht: wnsidered pan uf 1he original
i:ap11al and shall hc suh.1e1:t to the provisions ht:rdn containt:c.l with refereni:e to the
paymc:111 llf 1:alls anc.J installmcnts. trnnsfer and transmissiun. forfeiture lic:n surrender
ami u1herw1si:. unlt:ss uthc:rwisc pruvic.Jed in ac1:urda111:e wi1h thost: aniclt:s. the: new
,lmres ~h;ill h1: nrdiu.1ry ~han:s .
.:! 1. The cutnpany may from timt: 111 lime hy urtlinary re.~nlutinn:
l)
!.\.
1;1) Cu11~11lid,t1e .nul dividc all nr any nf ils slmrt: 1:apit;tl i1110 sllilres of hirger a1nu1111t
1ha11 il~ c:x is1111i: share.~:
(hl Suhdivide its shares ur any uf them itJlll sh.t res or smallt:r mnounrs 1ha11 is tïxed
by ib Memornndum of Assuciatiun suhji:et llt:\'l!rtheh:ss Ill the provisions of
se1:1iu11 ti3 (il (dl nf the Act and so 111.11 the: rc:s11lmi1111 whc:rehy any slmres .ire
suhdivided may dctcrmirn: lh,11 as hc:1wci:11 1hc rcs111ti11g shares one or mhc:r of
such shares may bt: l!Îven any prc(i:rem:e ur advatuage as regards dividi:nd
ca11i1al. vutins ur ut(u:rwisc ovcr the uthcrs ur any ml11:r of sud1 shares: ur
1~·1 ( ·,111ccl .Ut)' sh;1rcs which at the da1c uf the passin~ uf the: rc:sulut iun have: 11111
hccn iakcn or agrecd 10 ht: tukc11 hy .iny pcm111 ami diminish the amoum of the
share cap11al hy the a111011111 uf the slt.trcs su c.t111:eled.
(;ENERAL MF.ETIN<;s
The Cumpany ,hall in cach ycar huh( a sc11a11I mct:lini,: as its annual gc:ntral meetings
in additinn m any rnhcr 11u:e1i11g in th,11 yc:ar. ;11111 shall specil'y the meeting as sueh in
the nu1ict: calling ÎI mld 11111 mure than fiftc:en m11111hs shall t:lapse hc:1wee11 the· date uf
une annual l:!encral 111c:e1ing wi1hin eighlccn momhs uf ils im:urpuratinn. hut il need mn
huld it in 1hc yc::ar of us curporatiun in the folluwing year. Tht: An nuai Gcneral
f..-lcctinJ:! shall hc hcld al ~11t:h 11111c antl place a!> tht: l>irc:1:mrs shall .ippnint.
l"hc ( ·11111pa11y may hy spcc:ial resulutiun rctlucc its sharc: capital ami capital redt:mpti1111
rcscrve fond -or any prc111iu111 accnum in any 111ant1t:r and with suhjtc1 111 any i11dece111
a111h11ri1.etl and 1:1111~1:111 re(1uired hy law.
,\Il gcncr:11 mcc1i1t1?S othcr th,111 a1111ual gcncrnl 111i:e1inis shall he callt:d ex1raordi11ary
~,·110.:r.tl lllcetill!!SThr
Dirccmrs mav whc111·v1·r tin:,· think fit. m11v1·111· an ntra orllinary )!t'tll'ral 11w1·ti111!.
,11111 i:xtra 11nh11ary !!Cm.:ral 1nce1i1tj!S shall alsu hc e1111vc11cd 1111 s11d1 n:q11isiti1111s ur in
ddanlt may hc c1111ve11cd as pruvidccl hy sc1:1i1111 I):? uf the: Act. If al any IÎlllt 1heri: are
11111 wi1hi11 1 l~amla suffictc111 Dircc111rs capahlt: u( ;11:11111:! 111 funn ;i qunru111 .111y l>irct:t11r
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5
,,r any 1wu mcmhc:rs of 1111: ( \,111pa11y nrny couvent: an c:x1raordi11ary gi:nernl 111ec:1i11g
111 1hc samc manncr ur as ncmly as f)\1ssihlc as 1ha1 in whic;h n1e:e1Î111_!s may ht c;onvened
hy 1hc: Oiri:c;rnrs.
ln. The Company ~hall pro111p1ly cmnply wi1h 1he pmvisi,ins of sec1io11 140 ui rhe Ac1 as
111 );!iving 1101icc ul rcsolmiuns un drculatini,: s1au:me111s 011 1he rc:quisi1i1111 nf rni:mhcr.
NOTICE OF <;F.NERA 1. MEF.TIN<;
!7. A (icnmtl Mccling shall hc callcd hy 21 <lays' IIIIIÎt:e in wri1i11i: i11 1he lcasl. The llntict:
,hall hc exclusive uf 1hc tlay 1111 whid1 11 i~ scrvcd or dccmi:d 10 he scrvt:d and 11111 icc:s
fr11111 the ( ·11111pa11y and ·111 1hc Auditurs 1inwidctl lhm ;i tllt:t:ting of 1ht: cumpany shall
n111wnhs1and111g 1h;11 il is i:allcd hy shnm:r n111icc than ~pccititd in 1his article: hc dtemt:d
111 lrnvc: hccn 1luly i:allc:t.l II so ilJ:!ft.'Cd:
ta! l 11 the cas1: of a 111c:c:1i11g callc:d ,L~ 1hc: annual (ic:nc:rnl Mc:c:1i11g. hy ail 1he
mc:mhcrs c:111 itlctl 111 ,lltcntl and voie thcr1:a1:
1111 ln 1lu: case: uf any 111her mc:c:ting. hy a majnri1y in numhc:r of 1he memhers having
a riJ:!hl 111.incncl ;11111 voie 1hc rnce1iug hc:ing a 111ajurit)' 1uge1hc:r holding 1101 h:ss
than 95 pen.:cnl 111 1111111inal value of the ~lmres giving 1hat ri{!lll.
rR<><.:EEl>JN(;s AT (iENERAL MEETIN(;
:!Il. ,\li husint:ss shall be dccmcd spc:cial which ·is tran~,1c;1cd ,Il an cx1rn-m<li11ary i;c:nernl
111c1:1ing and ;1ls11 ail business which is 1ransac1c:d al an anuual ic:nual rnc:e1i11g wi1h the:
cxccp1io11 uf dt:claring a tlividtntl. the 1:unsickr:11iun 11f 1hc: accou111s. halanoe sht:ets ami
the ri:11nrts uf 1hc Dirccturs. and Autli1ors. the: t:lt:ction of Oirc:cmrs in place of' 1hose
rcririn~ and 1hc: app11i111mc:m and the: rixing uf the r1:muncra1i1111 011hc Auditms.
!1/. Nu husinc:ss shall he transactc:d ai any l,lCIU:ral 1111:cting unlc:ss a quorum nt' mt:mhi:rs in
prc~cnt ;11 the tillll' whcn 1hc: mc:etiug pml:c:c:t.ls 1u hus,nc:ss: save as herein otherwi.~c:
pr11\'lllctl 1w11. 1hrcc mcmhcrs prc:sc111 in persnn shall ht a quorum.
)O. If wirhin half-a11-h11ur frrnn the: timc 11pp11i111cd fur lhc mc1:1 \11g a quorum is 11111 prtsent
the mcc1ing ,r wnvc:ncd upun the rcq11isi11u11 of memhers shall be dissnlved: in nny
01hcr i:;1sc it shall siaml adjuurnt:d 10 the samt: day in 1hc: lll!XI wetk. al lht: samc: 1imc:
lllld plact: 111 such othcr day and ai the: samc 1i111t: anll plact: as lht: Direcmrs may
dc1crrni11c and if ai 1hc: adjuurnc:d mec:tini! ;1 qunrum is 1101 pn:sem wi1hin h,1lî-an-ho11r
frum 1111: 1imc appnin1c:d fur tht m1:etit11;! the mtmhcr prc:sem shall ht: a quorum.
) 1. The Chairm,111. if any. of the Ooard of l)irc:c1<>rs shall prcsicle as C'hairman a1 c:vtry
j!t'llcntl mt:t:tini: nf thc 1:,1111pany. or if thcrt: is 11<1 such chairman. ur if hc: shall 1101 ht
prcsc111 liftt:cn minu1c~ o1t'tcr 1ht: 1i111c app11i111c:cl for the hulclinl,l of the: 1111:eting or is
unw1lli11l! 111 ;ic;l lite l>in:ru1rs 1m·sc111 shall \'ln:t 111w "f thcir mcrnhcrs 111 hc lhc
l 11a1rma11 ttl the llll'CIÎII)!.
l~. Il ,tl :111y llll'Clutg 1111 Drrcctor is williitj! 111 ill'I a~ < 'hairman or 1111 l>irccwr b prcscnt
7
111 tlay . A ()in:c1ur may ,1ls11 hc paid .111 1rnvdli11~. hutel and other ex penses propc:rly
incurrc:d hy the m1c:11di11i: ;111d rc1iri11g lflllll meeting 111' the company nr in cnnnectinn
wi1h the husiness uf the ('u111pany .
~ 1. Any l>irc:cmr whu serves un any wmmith:..- or 11c!vo1es special auention 10 the husiness
of the company or who lllht:rwiSI! p~rforms service which in die opinion of Direc1ors
are nuts ide the si:ope of tht: nrclim1ry clutit!s of a Dirc:ctor may he paid such extra
remu1u:ration by way uf salary. 1>ercemagc: of prnlïL~. or mherwise as the Board of
l>irecwrs may 1lt:1cr111inc.
I\ORROWJNC l'OWERS
~!. The: Dirc:cmrs may cxc:n.:isc: ,tll the.- puw1:r~ uf the Company m borruw munc:y and 111
1111,ni:nl:!l! m churi:i: i1s undcrcakini:. prupcny nml 1111culli:d capital ur nny pari 1hereof
and III issue 1h:hc111un:~. dehc:nture stock whe1hc:r uu1-righ1 or as sc:curi1y for any lleh1.
laah1li1y ur ohlig,nauns 11f 1hc (.'umpany or any 1hird party. TI11: Directors an: herehy
cmp,1wcrcd 1u hurrnw up 111 5 (fivc:) llilliun llgantlil Shillings or ils c:quiv.ilt:nr at any
one 1i111c 1111 hchalf of 1hc Company.
l'OWERS OF PIRECTORS
41 The business .if tht: Cumpany shall ht: 111anag1:d hy 1hc: l>in:cwrs who may pay ail
,:xpe11s1:s incurred in promntiug ami rcgis11:ri11g tht: C'1 1111pa11y and may exercise ail such
puwt:rs 11f the C'umpany ,ts are 11111 hy tht! Act or hy 1hese Article requirtcl tu be
cxcrciscd hy 1h1· Co111p,111y in geucral 111c:c:1i11g suhji:ct, ncverthelcss. tn such regula1inns
,,( ,1r provisions as may he prescrihi:d hy the Company in General Meeting. But nu
rc!!ula1i1111 made hy tlu: C\11npi1ny in (ii:neral Met:1 i11g shall i1walidale any priur :1c1 of
l>ircc1ms whach wuuld hilvc: htt:n valicl 1f 1ha1 rcgulat iun had IIOI .hee11 made .
. u . 1'11.: Dirccwrs may frrnn 11111c: to 1i111c and at any 1i111c hy puwers of aunrney appoint any
.:11111pany. lirm nr pt!rs1111 ur h,1dy of pcrsuus whc:tlu:r nu111ina1rd direclly or indirectly
1he l>irecturs lll be the Anurney ur Allnrncys of the cnmpany for such ùiscre1i1111 (11111
cxcccding those vc.~ted in or i:xc:rdsahle hy 1hc Direcwrs unch:r these Article~) and for
~m:h pcriods ,md suhjc:ct 111 sud1 cunclition i1S 1hey 1hink lil. and any such powers 1)f
a1111rncy nmy cm11ai11 such pruvisinns for the prmec111111 Md convcniencc of person
,kal111g with such auorncy ,tnù may alsu a111h11rize any snch authorities and discrc:tion
\'CSl.:u in hilll.
MANACIN<, ()IREÇTORS
~5. The 1Jircc111r~ may e111rus1 m <111d cm1fcr upnn a Mmmging Direclnr nuy uf 1hc: pnwers
.:xen:ised hy them upon such lcrm.~ and t.:1111dili1111s and with such n:s1ric1iu11s as lht:)'
may think lit and whl!ther cullati:r.tlly wi1h ur 111 thc: cxdusiuns of their own powers ami
may from lime 111 lime rcvnke. wuhdraw ahcr nr vary ail ur any of SlK:h powers. TI1e
l>irecrors shall frmn time 10 1ime appuim ûne uf thc:m to the office of Managing
l>irc1:1or of the Company ,111d whilc hc hnlds srn:h office 1ha1 Managemem and comrnl
,,t thl' C'11111pa11y ~hall lw ,-.:s1ccl in him.
SECI\ETAlt \'
~Ci. ·111c Sl'crc1ary shall hc appuintcll hy the l>im:tnrs fur surh term. al sut.:h nimuncrnrinn
URAnnex34
URAnnex34
K
and upon such cunditiuns as thcy may tlt:etn lit ,1nd any Secretary so appoi111ed may he
rcmuvt:d hy 1hem. The pruvisious ut' sccrion 17K ro I KO inclusive of rht: Act shall he
ohserved. Whcrc thc:rds no sccrctïtry capahh: of ill:ting. 1hc Din:cmrs nmy appoint one
111° the Dirccwrs an Assb1a111 or Dcputy Sccretary or .111y other oflicer of the Company
111 1,.:rform 1hc dutic~ ol il Sccrctar>'·
TUE SEAL
-t7. The: üirec1ur slmll pmvi1h: for 1ht: saîe custndy uf the St:al which shall unly be used hy
the au1hori1y of 1he Direcmrs or a cummiut:e uf the l)irectors authorized hy the
1 )ircctors in that hchalf ;111d cvc:ry instrument~ IO which 1hc: Sc:al shall hc affixt:r.J shall
hc s1gncd hy a D.irc:ctor nnr.l shall ht: coumer-signc:d hy the Secrcrnry.
-'I!. Ali <lcc:ds c:xc:i:utc:d 1111 hdrnlf of the: Cump;my may ht in such form and conmin in sud1
pnwi:rs. provisions. cond11ions. c;ovenunts. Clauses and aic:reemems as the Dirc:ctors shall
think tir and in illklilion m hdug sealt:d with the se,11 shall he signed hy a Dirc:1.:tor and
c11u111crsigncd hy 1he Set:rctary or hy ~ m:uml Dire<.:ltlf.
N<>11CES
-tlJ. ,\ 1101icc may he tiven hy the Company tu any 111c:111her either persmmlly nr hy scnd ing
11 hy post 111 h1111 .11 l,b rcttis,ercd mltlrcss or tu the mldrc:ss if any. within \Jgantla or
.-hcwhcrc supplied hy him 10 the ("u111pall)' for the l,!iving of nmicc:.
5ll. Whcn a nutit:c is ~t:nt hr rc1c:is1crcd pust. service uf the: 11011cc shall hi: dcc:mcd Hl hc
t:1Ïet:1cd hy propcrly iltklrcssini: stamping ami pnstiug a kuer cuntaining the notice hy
air mail if adtlressc<I 10 ;1 ùes1in.11i1111 11u1si1lc l Jgamla ;uni m have: l>t:e11 effocted in the
ca~e nf a notice nr a mcctilll.! at the cxpiratirnt of lJll hours aftt:r le11er wnraininl,! tht:
~.1111, is postcd and in any orhcr case al the 1i111c ;11 wlrn:h the h:ucr w11lll1I hi: tldivc:rctl
iu 1he urdiuary courn: uf post. ·
51 . Notice of cvi:ry ::cncrnl ,nccrinl,! ~hall he givc:n in a m1111ner ht:reinhc:t'ort: aurhuriml 111:
<al Evcry 111c111hc:r excc:pt 1hosc 111cmht:r~ wh11 (having. 1111 registcred allclrc:ss within
East Afrita) have 111H supplit:d 111 lhL' ("omp:my au addrc:ss within fatst Africa for
rhc l,!l\'1111.! of 11111ioe tu thcm.
!hl Evcry pc:rsun up1111 the: uwnership uî a share devclops hy reasun uf his l>ting a
lcgal pcrsnnal r.:prcsc:n1111ivc of a m1s1ce i11 hankruptcy uf a 111c:111hcr where the
mcmhcr hut fnr his dearh tir hankruptcy hc cntirlc:cl 10 rcccin- nnricc: nf rht:
meellnl,!: ami
tel the: .tuditnr l'or the: time heing of the company.
52. Evc:ry Dirc1.:1or. Managing Direcmr. il!;t:nt. autlimr. Sccretary and other uflïcer for the
tittit: hein)!· of rhc Ct1111pa11y shall hc intlcmnifo:<I out of the: as.~l!IS nî 1he cn111pa11y
al!ilÎn~t any liahility im:urred hy him in 11t:fcmling any pruceedings. whether civil nr
criminal in which judgnu:nl is given in his favour or in which he is :icquainted or in
rtll\lll'l'ti1111 wi1h any applirati1111 u111lc1 Section .1()5 in 111hid1 relief is graine,! 111 hi111 liy
the Court.
Nt\ME, l'OSTAI, ADDRESSES
AND OCCUPATION OF
SUUSCRIBERS:
Slt;N,\TLIRES
OF
SUISSCRI IIERS:
1. NIYIIIIGIRA INNOCENT l
1•.o. uox 'l'•.Â.
KAMl'ALA.
:c!RTIFIED RUE COPY
2. KA YITA DEO
l'.O. UOX /CJ3~
KAMl'ALA.
3. IIASIIAKA JAMES
P.o. nox 1).. ~
KAMPl'.b1~, K_J Jt· Cv
4. SEIWSIIACO .JAMES
1•.o. nox ?, 1 J.-C
IUMl'ALA.
......"'.r. -J-' --\ ·.t.
l>ATEn 1his .. B.Ç.............. clay ur .. }~~~) .................... ;
\\'ITNESS TO TIIE AIIOVE Sl(;NATllRES:
li. ·.\ 1 PIU::
:-. \~IE IN FULL:
OC.:CUl'ATION:
199!>.
URAnnex34
URAnnex35
ol'1'1Cll OP 11111 CONNANDIID - osa
.. N/SH/C/1>A • Ul'DI'.
MADAME LOTSOVE AOELLE
WI BANGJ>.N I
-,
Operallon S1rc fi AVCII
Tactlc.al Bqa
KlSANGANl
( <?,,in!19
· 1\PPQJ.NJ'MV:NI AS A PRQYJSJONAL GQVERNORQF ITURJ AND HAUT~ ·
UEI,&
L I have the hooour to inform you that, wlth efTect from today, 18 Jun ·99, you
~"' been appointed the provl1lon11l Govcmor ln chal'ie of the Dhtrlcù of
.-URJ and RAUT-UELE.
!, You . wlll be ,tatloned at Bunla whlch wlll 1crve aa the admlnùtratlve
Headqu11rten ror the aré.l under your Juti1dlctlon •
_,....1. Amon11 otber thln11, you wlll be requlred to do the followlng:-
• CA l Colltfct
·ou may have renll,ed that the pollllc1 ln Conao, in aeneral, And ln the 10 called
lhc.-.1~ arc111, ln p11rtlcular, b ch11racterl1ed by ·a lot of corniptlon ln terme of
1wlndlln1 public fund1 and moral decadence. Leadon at eveey level are more
- rnccrnod wlth .~nonGI lntere1ta than·pubftc com:tl'III, Tbl1 hat lod to the m-.lorlty
· the J>6ople lo1lo1 ·hope ln the entlre polltlcal leadenhlp ln u f11r u the
cn111nclp11tlon of thelr interut, b concerned. Both governmont and Nbel ludonhlp1
avc contlnuod lo1ln1 credlblllty ln the face of tho 1ufferlna population.
" · to 1uaaut that you do the tol10111lna on 111umptlon of your new office:-
•) Dcmoçrnçy
Try to c11abll1h 11 1y1tem or populAr pArtlclpatlon ln the day - to-, d117 runnlna of the
ttople', 1rr111n. Let tht people dllcharae tbll authority tbrouab elected local
~r11cture1. Loden of the people mwt be elected by the pooplo them1élve1. The
chuput way or doln11 thll could be tbrouah 1 1yltelil whcreby people llne behlnd
- f!tir prefcr~ candldatea. You could beeln wlth pl1ce1 wblcb are relatJvely
lopulntod - llkc 1own1. HRvln& 111onltored the perlorm11ncc of the,e 1tructurca ln
URANNEX35
URAnnex35
On anumptlon or the new office, try to i1o the follo'll'ina:-
!. Work out a reor,ranlaatlon proarammc or both 1oclal and cconomlc acrvlcn I.e.
ho1pttall, public tran1port etc.
!. Embark oo a . minimum road rehabllltatfon proarammt, to bealn wttb,
cmpbamlnii mlaor repaln and theruner work out a compnshwlve road
rehabDltatlon proarammc wlth a vlew to booatlna tndc and commerce, and the
dellvory ohoclal 1ervlcea to the people.
!. Reoraanbe the revenue collection 1y1tem - 1t11r1lng wlth border pointa and
townJ. The 1y1tem ahould focu1 on acc.ountabUlty,
!. Revenue collected mu,t be lnjected ln •~nrlty, 1oclal and economlc
inf'r11tnrcturet.
!. Reoraanl1e the mlnlng 1ector with powen of conceulon. DIJcuu wlth
proepective mlntna Onn1 wlth a vlew to ral.lloa revenue, provldlna cmployment,
and provl1lon of other 1oclal 1ervlce1 almed at lmprovln1 the quallty or ure ln the
area,
! R.evltall1e the agricultural ,ector with ea1ph111l1 on lmprovlna production.
! Create a 1ultable onvlronmcnt for inveatment, and, crou-border trade .
. t .. J3y copy of chia letter, Lt. Col. Sula Semakuh, ln ùlro and Capt. Kyakabale ln
Bu nia, are dlrected 10 wotk out a coaipr.honalve ,ecurlty 11rranaement ror you ualaa
UPDF aoldlon at the bealnnlna, The Conaoleu mllltary and clvR police, after
l"COraanlaatlon, 1hould thon rclleve UPD.1.1' or theao lnternnl 1ecurlty tuka.
Reoraaalaatlon muu not ucecd two montb,.
~ . .
5. ( • nuoholl, the rupon1lblllty of 11ny authorlry or aovernment be lt at any tevel,
1ho1lid be·
-provision or ,ecurity for llfe and property,
•lnfrutructural rthabUl~tlon and development
·• cooduclve poUcy tramework Le. pollcla almed 11t boo1tlna trade and
-love,tment
-puttlna ln place a tran1p11rent polltlcaJ/admlnlltratlve syatem,
6. Vou •r• tbenfore lo takc, char11c or Radio BuolR (CANDll') to taunch I vlaorou1
11wakenlo1 proaramme ln the 11ru, almed at.hlahllahtlna these aime and objectiveor
your admlnlatnltlon.
7. For the Initial perlod, I ara rele11lo11 C1pt.Maw1 Muhlodo to bdp you put and
con1olld1te a workabte 1y1lem ln place.
town1, the 1yatem could ~ 1pread to cover vlllaaca, Let tho ptople. for the nnt tfme.,
have the power to concrol boda tl)elr polittcaVmllltary ·teaden , and th~lr wultb
throu1b a Ju,t and fair 1yatem. There.ro,.., rejuvmatlon of tha' Judlclaey 1yatem Il a
mu11. · -~:
(b)~
Inaccurlty bu chuacttrl1ed Con11ole1t llfe for more than JO ye,u~. People bave
1uffered at the h1nd1 of lndlaclpllned cnmlnal 1oldlen who have no reapoct for
bu man 11ft and property. Thl• altuatlon haa been a reault or the roUowln&:·
.!. &vin& no dcmocratlc/admlnl,ttatlve ln1tltutlon1 ln charge or the pcople'a
alTairt
! H1vh11 a neglected and dbof'ianllcd rnllltary and civil police fon:.e, . whlch
thrtvea on extortlon.
! l:lavfn1 a very n11rrow homeatuid lncome bue due to poor manaaeraent or
econoinlc actlvltlea
On anurnptlon of your new office, wlth belp of UPD'F ln both Bunla and I1lro,
cmbark on the followlng:•
! E,tablllh the number of Cooaolcae mltltary and cMI police torcc• wlth a view to
puttlna ln place welfare proaramme1 to ca~r for them.
! Have them re-organlttd and put ln cohe~nt formationa.
! T1ckl11 tbelr wolrare problem1 Le. food, medlclne, unlforma etc. ualn1 llmlied
revenue collectlona. -
! Subject them to a minimum polltlclaatfon programme 1nd have tbem deployed
to malntaln law and order ln the area. They muat be educated to know that the
g1111 la for protectlng people 11nd thelr propert)' - al'ter al1 it wa• bouabt by the
people.
Cc) Ecooomy
The econom)' or the l>RC 11 in a total meu. Thla Il due to lta aron mlamanaaemont
by the ludenbtp referred to abovt, The vital oconomlc 1ector1 I.e. A.arlculture,
Trade 1md Comn1e.rce, Mlnlna, Banklng, Flahln1, Tranaport and Communication,
Power ~ncraflon, Timber production, Tnduatrial proceulna wue blghjacked by
corrupt leadera to f\Jrther their ,etn,h lnteruta at the e.xpen1e of national
developmtnt. To thla end, the DRC la ont of tho countrlea with the hlaheat mortallty
rate,, maternai mortallty mtM, illlteracy at a.round 75%, vory poor llvlna
condition,, hlah un•employment rata, hyper-lnfl11tlon, etc. Thil ttatc of aft'aln can
not produc:e a hultby population.
URAnnexJS
&. Remembcr that. 111 a decentrallaed author!ty, you are àn,werable to the people
you load. The a1e11ce ts ro 1erve. the people thereby provldln11 the much necded
11ulchnce ror the attalnmmit or lmprovod wdfare.
l wl,h you the bett ofluck.
Copy to
Colonel P I<trim
Lt. Col F Muaenyl
Lt.Col S Semakula
Çopt Kyakabale
'
URAnnex35
~ ~· r.>/Î/vC.-a
JAMES KAZTNI {P1~ - ~ - -
Brt11
COMD SAFE HA VEN
URAnnex36
\.
URANNEX36
-DARA CREAT LAKES~C INDUSTRIES ) L TD ..
•
P.O.BOX 7484, KAMPALA, UCANDA.
n:t: 256- 41 - 269708, 269337 FAX: 256 - 41 - 269679
E-MAIL : dara~lnf.ocom.co.ug
The Cnmmis:-ionc:r
tv1iniSCïy of Water. Lands & Environmcm.
Forescry Depar<m.enl .
f'.0.8(1X 7124.
KM,1J.>ALA.
lt11'0cmher. 1999
Th1~ Î!- to suh1;1i1 mir applica1io11 lm :1 t.:oncc~siur. to ÏIUVC;H han.J\,·O(Jd J'n11n M::hira F,,rest
1 lk~cn•c:.
We Hre a limired :iaoilicy company incorporaccd in Ugancla and :f' gran:ccJ ;; permi~. the
fo!lowing is 0~1r intc:nëcti work plan
1. l nvc~tm.:nt Plnn
!f ,;,c étn: gr,mted Che concessi0n, we ;iwr~~e ro pr.i;;css tlil! r~; .. .: :;1i:cri;;:1: in,o semi
lï11i~hc:cl ;rnd tin1!.hed produ~rs . The c;;w :~1éiteri.1ls shall be er.tr.icred from Ug11:ïda
;111d ,11!\u lr,rn, the Eastern pllrl of Coago. Both ;,rodaccs ~hall he exruned.
2. Type of Machinery to oe u;ed
Wc ha1•c i1! slock sawing machines. Wcë\ÏSû i.l.~:-: Braun :rnd C;:11?.!i for l: l: '.,:r~g. ·a,~cJ
WI.' éll~o emp?,,y wclr.ing and moulc.!ing. Ali :hése equipmen,5 will be imrwncd fr:,::,
Germany Th::sc mr.chines · cosr mor.: tlir-.1 "üS$!,OC0.000 ?.a~ i1 i~ r!;ereforc ..
~cr:ous c.ommitrnent by-ourselves t<:iwards rn;: ~~iè venture.
3. Markets for the proclucts
()f t!1e f'rl\LJUC:I~ WC /\l'e guins tO proceSS. WC Ïll!cnd to ex;- art 1:1:! SllmC (0 the
l't>illl\, i11g t:\1\;nt :1c~.
(,i) ~0('1 tu SinJpr,c,;·e. Chir,n and J:11wc.
Chi •HV-'· •n E:.:rop:.: .
t_l'l ,'iP.;. :,1 Nnnh !\r. i.:ra.:il.
, ,
4. Employment Opportunities.
We envisage that as i\ resulc of our operacior,s. we ·shalJ be .ihk ru ~ainf'ully l'lllplc,y
at leasr 150 Ugandan citizens.
S. Commencement of Operations:
We inten<.l 10 begin our operations in six momhs af'ter norificé\tion 1ha1 our
ApplicatÎ\ll~ for II concession has been granted.
6. Ugandan Participation in the Opcrations
There is" llganda11 Shareholder in the 1iï1id vcnrurc: she is Prn~:;y nal:1h;i.
7. Situation c,f Op~rations
The logg.ing shall be done in Mabira Forest (Mt:l<ono) ancJ rhe industry ~!rnll he
bascd in Kampala. As parc of our acrivicies, wc in~end co inirhte programn~es that
will focus our resco rarion and preservation of 1'he envfror,menr. We ~hall he very
graccr'\11 if our application meets with your most favourab!e npprov;.!.
Yours fairhfülly.
r\._~iit-b. ... ~......... . .............................. .. ................. .. ~ .
for: DARA GREAT LAKES (INDUSTRIES) L TD.
URAnnex36 ·...
• .... ,
The Commissioner
Ministry ·of Water. Lands & Environment,
. Forestry Department,
1111
' October, 1999
P.0.Box 7124,
KAMPALA.
- ~d ~ ~~·WLd
ll--.o... ~ri~,.\- ,,,.~<fvq ~ .. _~'--,.
Thru: District Forescry Officer \ k_o,v-4-&.\- ~Co N~ o--~ N ll
Masindi <t'O ~ c,,.,vv.e "" , ,
Dear Sir, ~ / '"1:STRÏCT FOREST OFbf:f.;'aa..rr-1t::::=:--
P,li. oûX 173 M
RE: APPLICATION FOR A PERMIT TO HÀR~A,RDWO~.~~ .......... ,_, .
CYNOMETRA ALEXANDRIA. CELTIS AND PIRÏNARI fRôM fflffl
FOREST RESERVE.
This is LO submit our application for a concession to harvest hardwood from Budongo
Forest Reserve.
We are a limited liability company incorporated in Uganda and if granted a permit, the
following is our intended work plan.
l. lnvestment Plan
If we are granted the concession, we propose 10 process the raw marerials into semi
tïnished and finished products. The raw materials shall be extracted from Uganda
and also from the Eastern pan of Congo. Both products shall be exported.
2. Type of Machin~ry to b~ used
We have in stock &awing machines. We also use Braun and Cana li for. cutting, and
we also employ welning and moulding. Ail these equipments will be imported from
Germany. These machines cost more than US$l,OOO,OOO ans:! it is therefore a
serious commitment by ourselves towards the said venture.
3. Markets for the products
Of the products we are going to process, we intend to export the same to the
following countries:
(al 30% 10 Singapore. China and Japan.
(hl 40% 10 Europe.
(C) 35 % to North America.
URAnnex36
'
EmplO)'flte?nt Oppo.-tunitics.
Wr: envisage 1ha1 :is a resull of our operations. we shall be able to gainfully employ
:11 kast l 50 Uganllan citizt:ns.
Commencement of Ope.-ations:
We imc:nd to hegin our operacions in six months after notification thac our
.ipplic.:ation for a concession has bet:n grnmed.
• Ugandan Participation in the Operations
Therë is a Ugandan Shareholder in the said venrure; she is_Prossy Balaba.
Situation of Operations
The logging shall be done in Budongo Forest (Masindi) and me industry shall be
based in Kampala. As part of our accivities, we intend to initiate programmes that
will focus our restoration and preservation of Ûle environmenl. We shall be very
grateful if our application meets wirn your most favourable approval.
Y ours faithfully .
Q~ns.b~ .. .... .. ..... ....... ~ ................................ ....... .
For: DARA GREAT LAKES (INDUSTRIES) LTD.
URAnoex36
·. ~.JARA CRE.
' 1
INDUSTJ?~ES f~ t..,F?-.,:
•
P.O.,~X 7484, KAMPALA, UCANOA.
TEl: 256 - 41 - 269708, Z69337 fAX: 256 - 41 - 269679
E-MA.ll. : dar.At"!lt1i~tn.cQ,lzj
····-···-------·-··----------------·-·····
The Commi~sionc:r
Ministry of Water. Lands & Environnient,
1 :orescry Dcpartmenl,
P.O Box 7 J:?4.
KAMPALA .
1 111' Oc1ohi.:r, , ,;,,,:
~17'D.tCT i-·oR-:- ., .. ,.. ,. • .,. ~a.l'U, • ' ' •• \).
Hô'\"·.
This is to submit our application for a corn.:C$sion 10 hurvcs1 hardwo(Jd rrom-f; ' ·.; •.'·:.:
Fores1 Reserve.
We 1m: a limite<.! liability comp~ny incorporo11c.ô in Ug:rncfa ~ml H ~r.mtctl a pcrn· 1 .: •.
fullov.ittg i.<; \IUr inoendc:cl work plan.
1. Cm·est111ent Plan
tf wc arc granted the conc.ession, wc proposiJ 10 proce:c.s rhc raw matcl"ials mt, , ·,1::
fini~lled :ind fini shed prciduc1s . Tilt! r.sw materials shell be ex1 ,·11c1eu from U .::,,:,,
and ,1lso fro1n thé F.astern port of Con.go. Both producL~ shall bi.: i:xp11nec/.
l. Type of Mnchiner.r ta b<: u:.·ed
W,; \1;,vc in stock :rnwing rr111chincs. Wc also use Braun and Canali ror·..:ullit : .. · ,. ·
wc c1l~u c.;mploy welnin~ .'.n<l mouh.lin1:. Ali 11,ese equlpmcnis w111 be itllJ)Mll· . 1.-. !1:
Gcrma1l)'. These mHchincs cost more chan USil .000.0ûti ;111d ir is rher; 1 : : • • .1
!.erio:1:c. c.:omn1i1mem by Ol rsi:lves ww~;-ds the i:aid venture.
3. Market~ for the products
Of ll)e produc1s we are go)ng 10 pn~cess:, we inr~nd tn ,·.xf•u1·t tir<: s111m.: ·, ·,:,:
follow,ns countries:
(a) 30% to S1ng.1pore, China a111I Japan.
lb) 40% 10 Europe. ·
(c) 35 % to North An1t:ricà.
URAnnex36
.t .
. . ·,,.
5.
fi.
7.
.....
.. =·· ...
<~)
I •,
Employme.ur Opportunltle.,;.
Wi: envJsage l'hac as a resull of our operations, we shall be able 10 gainfully 1:mploy
ac h:ai:t 150 Ugandan cicl2ens.
Co111menccmcnt of Opcrntiou.f:
W,: intend tu hc:~i1\ our opcrations III i:ix momhs afler 1w1i/ic;:ic i11n (11111 ou,·
application for il conce.tGion has b\;C 1 granlt;cl.
CJ~andan Puticipation ln the Operation;
There is a Ugandan Shareholder in the said venture; she is Prossy Ba!:1b:1.
Situation cyr Opcralfons
The logging y/l;1l/ be donc in Bu~om:t Forest (Hoima) and the indumy sl111ll hc bascd
i11 Kmnp~I~ . As part of our accivities, wc intend CO initiate prog,·,,mmc~ th~t will
tèic11r our reswrl\tiun 1md prcservntion of the,e1wir.orunent. We sholl hi: v~ry grnLefuJ
ïr o)ur :1pplicacion mecrs with your most favo'urahlc approval.
Y ( lUl'S faj(l}fully,
(7,.
r~~,'""t:(_b.,.. o ... .... .... ..... ~ ... ... ......... ............... ........ .
1-=or: DARA GREAT tAKES (INDUSTRIES) LTD .
J
URAnnex36
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URAnnex36
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URAnnex37
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URANNEX37
CERTfflED TRLti:: COF'f
lfü ., 41 ;1))
TIii, ltl' l'\IIII.IC llfo l)f;,\Nllo\ 2 . •'f f Jf((',
QCertificate of ]n·tg~~J-iliEi'OïtNIE~
I CERTIFY that .. P.~.1:t.~ .. ~~.,,.~ .. lu\J,E.S .. t.L~lJH'.1:RLi:.z,.; .. 1..d·!l!~Jit• ............................. .
has this day been incorporated with Limited Liability.
Dated at Kampala, this ................ J~1'.i.l. ....................... ...... day
of ..... OC.T.OB:&Il .. ......... . the year ..... 19~y ... ....... ..................................... ......... ....... ·
,1 •• 1:.-!, COX LJJUKO J- "7
A;-;.j1;:. . . . .. ~~-~i;,~~; ~/~~mpani~s. . .
-----
URAnnex37
THE COMPANIES ACT, 1958
Ct.RTlFIED TRUE COPY
PA~C-tibfl.Ja OF DIRECTORS AND SECRETARIES
*
. rsuant to section 201 ( 4)
,>
'fÛY.:
RE~~~RAR OF COMPANIES
KAMPALA
•
#<.-,
.? à\,/-
l,;ompany Fonn No. 7
N~ofCompany ... /VJ.? .... D.l\h~ .... GP.\r:A\~ ..... \.~~~iw ..... L.\.~~.~~.Y.f~.~!.f.?.) .. .l:1.P. ....... Limi,e,
·Presented by: ......\ b.JtôSl~:9 ..... A.~ ..D .. ..... h\J\P.D.\1 ...... l\P.~'.Y.Sd\TP.?. ........................................ .' .. .
URAnnex37
(a) PARTICULARS OF TIOE PERSONS WHO ARE DIRECI'ORS
Narne (In the case of an individu al, .
present Christian namc or names Any former Christian name or names
and sumame. ln the case ofa cor- and sumame Nationality
poration, the corporate name)
0Ql-\N 6\1~1 î Kcm~A.m -r 1~ f>\ 1
f (\ 1\ N t, f; l'.AI l\"'l 'f ,r,t 1\5 l'f-, .Ï HA\
f ~066)' l!;I\LPd3f\ · \) ~ f\ 1\\1) i\ t~
..
.. .. . . , ...
(b) Particu!ars of the persons who 1s Secretary
'~ NJ:llle (In the case of an individual presC:nt Christian
tarne or names and sumame. ln the eue ofa corpolltion,
the corporatc name)
· Any former Christian namè or names and
sumamt;
11ted tbe . ." .. \.i~ .................. day of .. Q~;.JQl3t!J. J 9 ~.'; ... ·
NOTES-
.
\
"Director" Î.'lcludes any persan who occupies the position of a director by wb:itcver name callcd ac,d any 1~00 i.,
accordancc with whose directions or instructions the directo,·s of the cornpauy arc accustomod to act.
"Cluutian name" includes a forename, and "sumamc", in the case of a r..eer or P,."\f'Stm.1Jly usua!ly knov•m bv a til!c
differcnt from his suma.mc, mcans that tille.
"Former Christian 11..~me" and "fonner sunwne" do 11vt inclu<lc :-
(a) ln the case of a pcer or a person usually lrnown hy a titJe ctiffercnt from his surnamc, the 1ian1c tw ·~·hich lie wai.
known prcvious to the adoption of or succession to the tille; or
(b) ln tJ,e c."lSe of any pcrson, a fonucr Chnstia.u IVlm~ or sumame when: di.at namc Llr sumamc was dllUlied or d1~w:1:d
bc:forc the pérson bcaring tlie name attaincd the age of eightccn yca1s or l\/13 bo::n ch,mged or t!isuS<Xi for ;i urrnxl
of not lesss than twenty ycars; or
(c) ln the case of married woman the na.me or suniamc b)' wtùch shc was known 111cv1ous to the m;uria11c: UR Annex 37
OF TIOE CCMPAr,ri Ai 11iE DATE OF nus RETURN
Usual residential and postal address. (ln the
case of a corporation, the situation of it
re&.iste~ed or principal office and its registered
postal address).
of the Company at the date ofthis retum.
Business occupation and pafliculars
of other directorships .
E COP'f
CERîlf\ED TRU
.J'. -
Date ofbirth
r\t\:Ll
Usual residentiaJ and postal address. (In the case of a corporation, the situation of it registered or priucipal
office and its registered posti!l address).
Directo
Signed ... ........ .. .. ........ .. ... . ····1.
(4) The names ofall bodies corporate încorporated in Ug~da ofwhich t~à~1t · U.OOU
should be given except bodies corporate ofwlùch the company i~ he fê~}(Qij~lilhSllyowned
subsidiary or bodies corporate wlùch are the wholly-owned · · e~R~ofl:tM.tflc\i.A
pany or ofanother company ofwhich the company is the wholly-owned subsidiary. A ~ody corpo
rate is deemed to be the wholly-owned subsidia1y of another if il has no membcrs excepl 1hat 01 her
and that other's wholly owned subsidiaries and ils or their nomiuecs. lf the space pruvidcd in the
fonn is insufficient, particuJars of othcr direc1orsl11ps should be listcd on a separate stalemcnt
attached to this rctwn ..
(5) Dates of birth need only l,e given in Ule case of a. company which is subjocl 10 st.'Cliun 186 of 111!'.
Comparues Act, 1958, munely a company which is nota p1ivote company ~r which, bcing n p1 i•:a1c
company, is the sul>sidiary of a body corport1ic incorporatr.rJ in UgaJ11Ja w!iich is 1101 :i I" ivatc
company.
(6) Where ail the partners m A finn are jc.,i111 SC{;lctarics, the namc and μ1focipal oflict· of the lirr11 111ay bt:
Slated ·--- · -· . . .. . - - ·
URAnoex37
No. or Company -··-··· ······ ······-·········. ....... ... Geu. Form No. Al
GOVERNMENT OF UGANDA (Stamp)
• t
\ L\ \lÂ. . ~ ~ -ct.ï •···.
r ·i1..:·~ · . .a, ........ STA-TEMENl, OY N~INAL CAPQ'A1: . , . .. ·• ·: .:·.· r-
"' .. -: '!) '.,h: .~·~ ·-. t :-:, .. . . ~ . .!t'l '?:> I f : · · .• ;.;,_L , : iJa_.~Q L,-. \.J ~
.;ol.,- ~·'' KG. - ·· : . ,- ~ .·· n~..oa -= r · I ~ . ~ -· : .: . . t:O:..! :O~
··· · 8màt~(or the S1amps and i é Mauer1ôf"'.., -: ····· · 9o-o l
~ 1:; - . :·.:1
·--M/.S-·DARA .. ·GRBA'll·-lS1'i\~i1d,ff~'f~~, .·L....A....K....E....S..·.·..-.-.·.(..·.I..N_. D...U....S..'..l.'..R....I..·..E...5....·}...-.-.·.-.-.·.-.-..-.-.-.-.-.-..·. ·...L...I.M....1..1...F...D... ......................... ·
or .J1./.ê .... ~~~Q!.2. .. A.JSh!.Q9J,LA4Y..Q.çê-.t.e..s. .......... P. ...... .o ...... @eKflflEB.î.~.--........................ ..
· '.§1 be<eby ""' :• ;~::·:~m • _.,,Ad.,ocate=-the.J«gb -~,l5!~::-and------
.al l . courts .... surbodinate .. thereto .. engaged ... in ... ~~rmation ................................... ..................... .
of .......... M/s .. DARA .. G~T ... LAKES .... (INDUSTRIES.REGtSTR~--or-·tOMPAN)ES ............ Li.miced
2 . Tbat the nominal sbare capital o( cbe said· .................................. Mf-dJ.A .........................._ .. ......................... ..
................................................................~ (.~.. . -~!!:,~----~~~-~!.. ...~ .~.~~-~------~.!..~.~~-~-~~-~.~.~-~--·-·--·----··. ............................... Limited
1s Shs . ...... l.Q0 ..•. 0.Q.0.~.0.0.0./.:;;;. ........................................ (ShWlngs) .......... Q.NE .... ffüNJJ.RED · ·M·l ·I.1.-I-GN .. -ON·L·Y··~·-··-.. ··
divided as follows:
........................ 1.00 .......................................... Sharcs of sh~ .... J ., .. !H!.Q., .. O.Q.0.1..:= ................................. eacb
.............................................................................. S bares of sbs ............................................................................. each
r:i_~:. ... ............................................................................. sb .ares or sb.s ........ .. .................................. ,,_,_ ____ .,,. ............... cac.b
Dated at _ ... ~J?.~~.. .....- ........ lbis ....- ...} .~-~ .~ ............................ day of ..... .. OCTOBER,. ..............- ............... 19 9~.L. .
................................. --~A ...r ./ ..V.. t'!/!\...0 _ -...0. -...,..U.....,. . ..... - ...........
·· Witness:
Signac ure ............................................................................... .
Full name ----·········--···::···· ............... : ...... - ............................... .
Address ................................................................................... .
Occupation ............................................................................. .
il:· "An Advocate or tbe Hlgh Court engaged ln tbe formation" or" A person named in the Artldes or
Association as a Dlrector, secretary or olber o(ficer" as the case may be.
t · Here state number, class and value or sbares. Separale classes should be staled seperately.
l'rintdd bJ Uganda Boobhop Press
11114 Obtainable /rom
UGA NDA ~ 8001<.SIIOI'
URAnnex37
-r
Ne. o;- CoarAA-i ................................................... .
.s.··/ l 9_ ÜO z:.
Gt:N. Co. foa~ No. '- l
GOVERNMENT OF U(i!'1NOA
;:: ..• ·,.ir.../.!+-. :1> .. ·.8 .. ~ . ~ ~r9 73, l -4:r1
t.;.: .• ··-. : ·: . . -~ -)raE ·c.;OMPA~I~ ACT, 1958
·------- Î 1 4- . 1 C) . C,t C,
O"-'lJll,~ce with the Requirements
à'nres Act, on Application for
egistrat1on of a Company
. ·.~· ,, .. fl'Q
:· ·- c· .·0 .1 LJ~ . •
H . !!,;'.J . .. 1'J.L ( , . . ~l-
CEkTIFJll)TRUE Cb~y°YJ ~
Nam• of Company ---......... J1./...S._.0.AM ... GREAT .... Ll\JOES ..... (.INDUS'XJU.&S,).., .. -, ......................... , Llmi,ed
, . . "'"'r,11• 1
Prcaented by ........ J:!2.l?.!11.1?. .... J . .tl~i;\.lfL.. ............................................... .................. R,EG·f!T~ ... , ......... .. · .......... ..... .
V.& OF COMPANIES IVIMPALA
l, , .... Moses .. Ibaale ............................................................................... ................................................................ .. . ..
of ..... .!:t/ s .J5..~ê}2.:!:9 .... §i _ Jq1,J.,.g,g,J,Lb.dv:o.c.at.es ....... I?.- ., O~---BGx ... .2~9-l>.,.--KAMPA·LA·.·"" ........... .
Do solemnly and 1ioccrely declarc that I am -.'.:.~ .. ~~Y..?..~~.!.~ .... 9..t .. th.~ ..... ~.!.9.h .. J~.9.~.r..t. . . of ... ..
f"~ Ugand.a ... and ... aU ... cow;:ts--suE-bo:r:d-inate ...... i:.he.x:ei:.a .... eng.ag.e.d .... in .... t.h~ ..... f.Q.t'.m.~t.ion
of __ M/S __ DARA,_GREAT ... LA.KES ... J .INDUSTRIESL .............................................................. , Limited and ·1
. that a1I the requircmcnts of the Companics Act, in respect of matters preccdent to the rcgistration of the
said Company and incidental thcrcto have bcen crnnplicd with.. And I makc this solcmn Dcclar:ition
· ·conscientiously bclieving 1hc same to be truc and by virtuc of the provisions of the Statutory
Declaratiom Act, 1835.
Dec11rcd at ........ ~r~A ...................................................... ,
the w,--•. U .IH ................. day of .... O.C'.r.Q.B.E.R,........................... ./Yflb
one thousand nine hundrcd and .. Nine.t;y. .... N.ine .. ............. · ....................................... ......... ~ ... :.. ........ ........ ..
"''°~.:·~-..=. ;ti;=:J~;;: J
. ...., ""· ltA , u ,4
~BON.I IJlUi
UR Annex 37 gh Court cngagco in the fp~ation·· 01 "A. pcrso11 namcJ in th .: •\rtick~ .,,
'"''·-···- -· ·----........ .
/ •. ~) g·,,
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THE REPUBLIC OF UGANDA
THE COMPANIES ACT (CAP 85)
CERTIFIED fllECOPY
COMPANY LIMITED DY SHARES /1
_c\f.lt'~ot1V
MEMORANDUM ,il''t'~~·-
AND REGISTRAR OF COMPANIES
KAMPALA
ARTICLES OF ASSOCIATION
OF
"MIS DARA GREAT LAKES (INDUSTRIES) LTD"
DRAWN DY:
MIS KASOLO & KHIDDU
ADVOCATES,
PLOTN0.4,
KAMPALA ROAD,
r.o.nox 2395,
KAMPALA
URAnnex37
1.
2.
3.
The name of the Company is: ~~ UIJ
"MIS DARA GREAT LAKES (INDUSTRIES) LTD".sEN ~--HO
The Registered office of the company will be situated in the Republic
of Uganda. REGISTRAR O
F COMPANIES
The abjects for which the Company is established are:- KAMPALA
(a)
(b)
(c)
(d)_
(e)
To carry on the business oftimber and lumber merchants, lumber-yard
and sawmill proprietors, and to buy, sell, prepare for market, import,
export and deal in articles of all kinds of manufacture which timber or
wood is used; to carry on the business oflogging and lumbering,
purchasing, acquiring and leasing timber berths, and so far as may be
d~med expedient the business of general merchants in any other
business.
To enter into contracts, tenders and agencies with any govemment,
parastatal or other organizations for the procurement, transportation
storage and supply oftimber
To carry on the business of importation and exportation oftimber; to
trade and deal in timber yard industry; dealers in wood workshop,
timber yard carpentry, plywood, hardboard, wood blocks for flooring,
ceiling and other purposes, boxes, windows, doors, wood pulp, tool
handles, joinery, and dealers in all other goods and articles used in
similar business or commonly supplied in connection thereto.
To establish and carry on the business of general merchandise, general
trade, import, export, and sell either by retail or wholesale, project -
development service sector.
To carry on the business ofretail, wholesale, manufacturers, importers,
exporters, suppl(ers and dis1ributors ofall types ofmerchandise,
1naterials. commodities and other goods of wha1ever descrip1ion in
Uganda and in other countries.
URAnnex37
- 2 -
(f) To establish depots. ware house shops and stations and for furtherance
of the aforesaid businesses, to open up branches within and outside
Uganda.
(g) To tend money to or provide credil or financial accommodation ta any
persan or company in case in which such grant or provision is
considered likely directly or indirectly to further any of the abjects of
the company or the interests of its members.
(h) To borrow and raise money and secure or discharge any debt or
obligation of or binding on the company in such manner as may be
thought fit and in particular by mortgage of charges upon the
undertaking and ail or any of the real and persona! property (present
and future) and the uncancelled capital of the company or by the
creation and issue of debentures, debenture stock or other obligations
or securities of any description .
(i) To sell, exchange, mortgage, let or rent, share of profit royalty or
otherwise grant licenses, easernents options, servitude and other rights
over and in any other manner or dispose of the undertaking, property,
assets, right and effects of the company or any part thereof for such
consideration may be thought fit and in particular for stocks, shares,
debentures or other obligations or securities whether fully or partly paid
up, of any other company.
(i) To give any remuneration or other compensation reward for services
rendered or to be rendered in placing or procuring subscription of or
otherwise assisting in the issue in any shares, debentures of other
securities of the cornpany or in about the formation of the company of
the conduct of its business.
(k) Ta establish or promote, procure or participate in establishing or
promoting any company the establishment or promotion of which shall
be considered desirable in the interest of the company and to subscribe
for. underwrite purchase or otherwise acquire the shares, stocks and
securities of any sucn company or of company carrying on proposing to
own business or activity within the objects of the company.
()) To t·eceive money on deposil or loan with or without allowance of
interest therein.
(m) To draw, make, accept. endorse, discount, execute and issue
promissory notes, bills of exchange, bills oflading, warrants, debentures
and other negotiable instniments.
URA.nnex37
URAnnex37
- 3 -
(n) To enter into partnership or any other arrangements for sharing profits,
union ofinterest or cooperation, in concems or otherwise with any
persan or persons, fim1 or firms or company or corporation canying on
or engaged in transactions which the company may deem capable of
being conveniently carried on in connection with the above or
calculated directly to enhance the value of or render profitable any of
the company's property and or whereby the company would be
benefited.
(o) To enter into any arrangements with any govemment or authorities
municipal, (local or otherwise) or any corporation, companies or
persons that may seem conducive to the company's objects or any of
them and to obtain from any Govemment authority, corporation or
persans any charters, contracts, decrees, rights, privileges and
concessions which the company may think desirable and carry out,
exercise and comply with any such charter, contracts, decrees, rights,
privileges and concessions and to represent and advocate the view and
policies of the company to Govemments and other authorities.
(p) To purchase or otherwise acquire real and persona! estates for the
objects and purposes of the company and to sell, lease, exchange,
mortgage or otherwise deal with ail or any of the real and personal
property of the company.
(q) To establish and canyon the business of general merchandise, general
trade, motor trade, import, export and sell either by retail or wholesale,
project development, industrial service sector.
® To establish, acquire and carry on the business of fabrication,
manufacturers in general, and in particular to deal in steel fumiture, iron
and steel converters, smiths, metallurgists, vehicle reflectors, reflective
signs and other machinery.
(s) To canyon any business relating to the winning and working and
production of metals, manufacture and preparation of any other
materials whicb may be usefully or conveniently combined with the
engineering or mânufacturing business of the company, or any contracts
undertaken by the company, and either for the purpose such contracts
or as an independent business.
(t) To buy, sell, manufacture, repair, convert, aller, let on hire and deal in
machinery implements, rolling stock and hardware of kinds.
(u) To carry on the business ofwelding in all its branches, to weld ail types
of steel e.g. beds, windows frames, door frames and ail steel
accessories.
•
-4 -
(v) To enter into contracts relating to, and to erect, construct, maintain,
alter, repair, pull down or restore works of ail descriptions, including
buildings, drainage, sewerage, mills engines and electric work.
(w) To conduct or promote or participate in tests, experiments and
(x)
research work ofany nature connected directly or indirectly with any of
the businesses aforesaid or which may be thought likely, directly to
benefü the company.
To enter into contracts, tenders and agencies with any govemment,
parastatal or other organizations for the procurement, transportation
storage and supply of coffee, maize-flour, wheat-flour and any other
produce or fann products.
(y) To establish depots, ware house shops and stations for furtherance of
the aforesaid businesses.
(z) To buy, sell, manufacture, repair, convert, alter, let or hire, and deal in
machinery implements, rolling stock, and hardware of all kinds, and to
carry on any other business, manufacturing or otherwise, which may
seem to the company capable of being conveniently carried on in
connection with the above objects.
(aa) To carry on the business ofmanufacturers, suppliers and distributors of
and dealers in goods of every description in ail the parts of the country
and outside it.
(bb) To buy, sell, manufacture, repair, convert, alter, let or hire and deal in
machinery implements, rolling stock and hardware of a!l lcinds.
(cc) To carry on the business ofwelding in all ils branches, to weld ail types
of steel e.g. beds, window frames, door frames and ail steel accessories.
(dd) To enter into contracts relating to, and to erect construct, maintain,
alter repair, pull down or restore works of ail descriptions, including
buildings drainage, sewerage, mills engines ~d electric work.
(ee) To conduct or promote or participate in tests, experiments and
research work of any nature CQnnected directly or indirectly with any
of the businesses aforesaid or which may be thought likely, directly to
benefit the company .
. · ... (ff) To carry on business ofbuyers, collectors, curers, rouphers. hullers,
dealers and processors of coffee exporters and importers, cultivators,
blenders and processors of cotton, tea, cinchona, tobacco, sugarcanes,
maiz.e, pulse, rubber and other produce.
(gg) To do business as mixed fanners, poultry keepers, cattle ranchers and
dealers in dairy keeping, breeders and grazers of cattle, sheep, goats
URAnnex37
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and other animal hatchers and keepers of cocks, chicks, ducks turkeys,
poultry and other birds, and market for profit products there from like
milk, eggs, ghee, etc.
(hh) To carry on all or any of the trades and business of live fanners,
grazers, breeders of and dealers in livestock, and livestock products, to
import and export the same and the business in connection with
agriculture or horticuhure.
(ii) To commence, establish, develop, continue and carry on business of
agriculture and engage in dairy and farm products and to grow crops
for commercial use like sorghum, maize, sun flower, soybeans, beans,
simsim, millet, ground nuts and sel!, import, improve, prepare, deal and
trade in cattle, pigs, poultry, game and live and deal in stock of every
description.
(ii) To establish and carry on the business of dealing in the processing,
packing, tinning and marketing ofall daily products including milk
products.
(kk) To carry on business as fanners, catchers or trappers offish reptiles,
crocodiles, amphibians, animais and birds, curers, sellers and preservers
thereof manufactures, products of and dealers in any fann product.
(li) To carry on the business of producing, harvesting, purchase,
processing, packaging and marketing of agricultural produce like
maize, millet, sorghum, fish, timer and any other products incidental
thereto for both local and extemal markets.
(mm) To identify and classify quality standards for the advancement of
social, economic development of the rural population, and to plant
trees for commercial and domestic use.
(nn) To carry on the business oftimer industry and dealers in wood
workshop, timber yard carpentry, plywood, hardboard, wood blocks
for flooring and other purposes.
(oo) To make boxes, windows, doors, wood pulp, tool handles, joinery, and
dealers in all other go~ds and articles used in similar business or
commonly supplied in conriection thereto.
(pp) To carry on the business as general transporters carriers of goods and,
passengers either by road, air or sea storage contractors and ware
housemen, road transport owners and hires, and generally to facilitate
travelling. and to provide or promote the provision offacilities of ever
description for tourists and travellers.
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•
-6-
(qq) To purchase, take or otherwise acquire, hold motor vehicles, minbuses,
buses, lorries, heavy trucks motor-cycles, land, buildings, offices
for managing driving schools, instructors, motor mechanic and to
obtain driving pennits and provisional driving pennits for students.
(rr) To carry on business ofmanufacturers of ail sots of auto accessories,
heoce to import, export, distribute and sell all kinds of goods inclucling
motorspares, machinery hardware, vehicles, agricultural in-puts, spare
parts for motor vehicles, textiles, industrial and ail articles ofall
description.
(ss) To carry on the business as suppliers and dealers in tyres, electrical
appliances and carry out necessary repairs and mechanical appliances.
(li) To carry on safe keeping, cleaning, repairing refueling and the general
care of motor vehicles garage proprietors of all kinds of motor vehicles
an d shell petrol, gasoline oil and petroleum products, new and used
vehicles, parts of such vehicles and accessories.
(uu) To establish and carry on the business of general merchandise, general
trade, motor trade, import, export, and sell either by retail or wholesale,
project development, industrial development service sector.
(bbb) To purchase or otherwise acquire real and personal estates for the
objects and purposes of the company and to sell, lease, exchange,
mortgage or otherwise deal with all or any of the real and persona!
property of the company.
(ccc) To procure the company to be registered or recognised in any other
tenitory, colony, place and in any foreign country or place.
(ddd) To do ail such other things ass may be deemed incidental or conducive
to the attainment of the above objects or any ofthem. And it is hereby
declared that the ward .. company" in tlùs clause shall be deemed to
include any partnerslùp or other body of persons whether incorporated
or not incorporated and whether domiciled in Uganda or elsewhere,
and intention clause shall, except where otherwisë expressly stated in
such paragraph, be indepèndent of a main object and shall b e in no
way limited by any otherparagraph.
THE LIABILITY OF THE MEMBERS IS LIMITED.
5. The share capital of the company is Ug. Shs. 100,000,0ÔO/= ( One Hundred
Million only) divided into 100 ordinary shares ofUg. Shs. 1,000,000/= (One
Million only} with power for the company to increase and reduce the said
capital and to issue with or without any preference, priority or special privilege
or subject to any postponement of rights or to any conditions or restrictions and
so that unless the condi1ions of issue ofshares whether declared to be
preference or otherwise shall be subjecl to power hereinafter contained.
URAnnex37
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NAMES, POSTAL ADDRESSES NUMBER OF SHARES SIGNATURES
AND OCCUPATIONS OF T AKEN BY EACH OF
SUBSCRIBERS SUBSCRIBER SUBSCRIBERS
'
MR. JOHN SUPIT KOTIRAM
P.O.BOX 8352
KAMPALA.
MIS PRANEE
CHANYUTTASART
P.O.BOX 8352
KAMPALA
PROSSY BALABA
P.O.BOX 8352,
KAMPALA.
CERT/FIED TRUE: COp
1
JE1' ro
REGISTRARÎOF COMP ~""-,n,J,
KAMPALA
\
:\, 11" r·
DATED AT KAMPALA tlu.s ....... .~...'... ........ <lny of. ......\.. .''.t:. A... :(.'!. h.. ~..!.. 1999.
WITNESS TO THE ABOYE SIGNATURES: - · . ______ .. . _.. _ ~ . ,: ~
· · \' )t/\, . Jf'''-:- 1, .• • ~ 1,, ,l •s·
SIGNATURE: ......... ; ........... : .. !1.!1, ;.L .. ~ ... ::.:1 1 . 1•. • • ;• • • ,• • •.• 1. ..1 • :, .•••••• ' ••••.••.••.•.•••••
.\ \ 1 \ . • ' ' :
• i O. t . '·\.... . NAME IN FULL: .............. ~.,: ... }J, .. ) .... .-.0.~.:.~~: .... ~: .. :'.•.':: ........ ." ................ . . . 1· 1
V <\ i,1 ;,, .,f ~~ ~ l~ IG''-:\-:~ t/ • \ _
POSTAL ADDRE, SS .• ...........\. ...\.,.. ·. ..·. .· v,.· .1-_\ ~,,l"·-, ·-···"'·1.· .··1 ...... .J.....N. \: ~ ~........ ... .
l\ \\ (V'\ \I '"' ., ,. \ ·n \J\ ,t,-v- OCCUPA TION : ....................................... : .................. -. ............................. .
URAnnex37
i: . - _.,._r, I .. Y-. .. ~ .! ~U- .. :~~~~PANOES ACT
, . . . ~~": . . C;~~PANY LIMITED BY $~ARES
• 1
...... ~ - \ '-1). ( C·'7J . ' ·• ..... . ÙvQ •·• . ,
, . ...-··<2 -~ . ARTllXES OF A,~~~~IA . ·:J :;·.~--·· ,,,. : _J s;,. . ::_.:(;!..'
~
. ,. · ... 01ut{l1ARA GREAT LAJOES. ousnuts) LTD.'' i , 1~ ~
.// ""~1, ('.0,' · / 7 ' ., . .· : . · I~.. t-2- / ;)y. • y
/ Wl!.îï~;, ,:·n t,.rt 011 t.'JUi'3l!>J.!'Ji'-~RELIMJNARY CERTIFIED TRUE COP
1. tL. .' rtfi~tions contained in Table "A" of the First Schedule to the
2.
Companies Act, shall apply to the company in so far as they are appli~le
a private company subject to the modifications special provisions herein
~~- ~T G~
PRIVATE COMPANY R
EGISTRAR OF COMPANIES
KAMPALA
(a) No invitation shall be issued to the public to subscribe for any shares or
debentures or debenture stock of the company;
(b) The number for the time being of the company (inclusive of the
employees of the company) shall not exceed fifly provided however for
the purpose ofthis provision where two or more persons hold one or
more shares in the company jointly they shall be treated as a single
member;
(c) The right to transfer the shares of the company shall be restricted as
herein after provided.
(d) The shares held be all the subscribers are held in their official capacity
and would devolve to their successors I office.
Words
The Act
The Statute
These Articles
The Register
The Seal
The Secretary
Meanings
This companies Act Cap 85
The companies Act and every other Act for the
time being in force effecting the company.
These Articles of Association as originally
forrned or as &of!1 tiine to time altered by
special resolutions.
The register ofmembers of the company
required to be kept by section 112 of the Act
The common seal of the company.
Any person appointed to perform the dulies of
the Secretary of'the company.
URAnnex37
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Save as aforesaid any wards or expressions defined in the stalute shall bear the
same meaning in the articles.
3. Any branch ofkind ofbusiness which the company is either expressly or by
implication aulhorised to undertake may be undertaloen by the Directors at such
a lime or times as they shall think fit and further may b e suffered by them to be
in abeyance whether such branch or kind of business may have been actually fit
or expedient not to commence or proceed with such branch or kind of business.
4 . The oflice sha!J be at such place in Uganda as the Director shall from time to
time appoint.
TRANSFER AND TRANSMISSION OF SHARES.
5. Any party to this agreement proposing to transfer any shares shall give notice
in writing to the other parties. The transfer notice shall specify the number of
shares the transferrer proposes to transfer. The initial parties to this agreement
shall have priority over any party to purchase such shares.
6. Subject to such oflhe restrictions ofthese articles as may be applicable any
member may transfer all or ofhis shares by instrument in writing in any usual or
cornrnon forrn or any other fonn which the Directors may approve.
When lransferring shares, priority should be given 10 the existing shareholders.
7. The Direct ors may decline to register the transfer off a share not being fully
paid to a person of whom they shall not approve and may also decline to
register the transfer of a share on which th..! company has a lien.
8. The Directors may also decline to authorise any instruction to transfer unless:-
(a) A fee such as the directors may from time to time require is paid to the
company in respect thereof;
(b) The instrument oftransfer is accompanied by the certificate of the share
which it relaies an.d such other evidence as the Direclors may
reasonably require to show the right of the transfer or to make the
transfer.
(c) The transfer is first given to the initial shareholders of the company an
option to purchase the shares in respect ofwhich the transfer is made.
9. If the Directors refuse 10 register the transfer they shaU within two months
afier the date on which the transfer was lodged with the company send to the
transferee notice of the refusai.
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- JI
O. The registration oftransfers may be suspended and the register closed at such
times and for periods as the directors may from time to time determine
providcd always that such registration shall no be suspended for eve.
1 1. The company shall be entitled to charge a fee on the registration of a transfer
12.
or of any probate, Letters of Administration, Certificate of death or maniage,
Power of Attorney, notice in lieu of distrain as or other instrument affecting the
title to any share.
In the case of death of a number or survivor or survivors of the deceased was
joint holder and the legal persona! representatives off the deceased where he
was a sole holder shall be the only person recognised by the company as
having any title to his interest in the share but noting herein contained shall
release the estate of a deceased joint holder from any liability in respect of any
share which has been jointly held by the holder or other persons.
CONVERSION OF SIIARE INTO STOCK
13. The company may by ordinary resolutions covert any paid shares into stock and
reconvert any stock into paid up shares of any denomination.
14. The holders if stock may transfer the same or any part thereof in the same
manner and subject to the same regulations and subject to which the shares
from which the stock arose might previous to conversion have been transferred
or are near thereto as circumstances admit and the Directors may from time to
time füc the minimum shall not exceed the nominal amount of the shares from
which the stock arose.
15. The holders of stock shall according to the amount of stock held by them have
the same rights, privileges and advantages, as regards dividends, voting at
meeting or the company and other matters as ifthey held the shares from which
the stock arose but not such privilege or advantage (except participation in the
dividends and profits of the company and the assets on a winding up) shall be
conferred by an amount or stock which would not if existing in shares have
conferred al privilege or advantage.
16. Such of the articles of the company as are applicable to paid-up shares apply to
stock and the wards "share" and "shareholder" therein shall include "stock" and
"stockholder.
INCREASE OF CAPITAL
· 17. The company inay from time to time by ordinary resolution increase the share
capital by sum to be divided into shares of such amount as the resolution shall
prescribe.
18. The company may by ordinary resolution before the issue ofany new shares
cletermine that the same or any ofthem shall be oflèred in the first instance and
URAnnex37
- 4 -
either at par or at premium to ail the existing holders of any class of shares in
proportion as nearly as may be to the capital held by them respectively or make
any other provisions as to the issue of the new shares, but in default of any
such detennination or so far as the same shall not extend the new shares may be
dealt with as ifthey fomied part of the shares in the original capital.
19. Except so far as otherwise provided by the conditions ofissue or by these
articles any capital raised by the creation of new shares shall be considered as
part of the original capital and shall be subject to the provisions herein
contained with reference to the payment of calls and installments, transfer and
transmission, forfeiture lieu surrender and otherwise, unless otherwise provided
in accordance with those articles, the new shares shall be ordinary shares.
ALTERATION OF CAPITAL
20. The company may forrn time to time by ordinary resolution:
(a) Consolidate and divide all or any ofits share capital into shares of
larger amount that its existing share;
(b) Subdivided its shares or any ofthem into shares ofsmaller amounts that
is fixed by Memorandum of Association subject nevertheless toi he
provisions of section 63 (i) (d) of the Act and so that their resolution
whereby any shares are subdivided may determine that as between the
resulting shares one or other such shares may be given any preference
of advantage as regards divided capital, voting or otherwise over the
others or any other of such shares;
(c) Cancel shares which at the date of the passing of the resolution have
not been taken or agreed to be taken by any person and diminish the
amount of the share capital by the amount of the shares so cancelled.
21. The company may by special resolution reduce its share capital and capital
redemption reserve fund or any premium account in any manner and with
subject to any in incident authorised and consent required by law.
GENERAL MEETINGS.
22. The company shall in each year hold a general meeting as its annual general
meeting in addition to any other meeting in that year and shall specify the
meeting as such in the notice calling it and not more that fifieen months shall
elapse between the date of one annual general meeting within eighteen months
ofits incorporation in the need hold it in the year ofits incorporation in the
following year.
The Annual General Meeting shall be held at such times and place as the
Directors shall appoint.
UR Annex37
/
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23. Ali general meetings other than annual general meetings shall be called
extraordinary general meetings.
24. The directors may whenever they think fit convene an extraordinary general
meeting and extra general meetings shall also be convened on such
requisitions as provided by section 132 of the Act. Ifat any time there are
25.
not within Uganda sufficient Direct ors capable of acting to form a quorum any
director or any two members of the company may convene an extraordinary
general meeting in the same manner or as nearly as possible as that in wlûch
meetings may be convened by the directors.
The company shall comply with the provisions of section 140 of the Act ass to
giving notice ofresolution and circulating statements oftheir requisition of
member.
NOTICE OF GENERAL MEETING
26. A general meeting shall be called by 21 days notice in writing at the least. The
notice shall be exclusive of the day on which it is served or deemed to be
served and notices from the company and to the Auditors provided that a
meeting shall notwithstanding that il is called by shorter notice that specified in
this articles be deemed to have been duly called ifit is so agreed.
(a) In the case of a meeting called as the annual general meeting by all the
members entitled to attend and vote hereat;
(b} In case ofany other meeting by a majority meeting by a majority in
number of the members having _a right to attend and vote the meeting
being a majority together holding ,1ot Jess than 95 percent in nominal
value of the shares giving that right.
PROCEEDINGS AT GENERAL MEETING
27. Ali business shall deemed special which is transacted al an extraordinary general
meeting also ail business which is transacted at an annual general meeting with
the exception of declaring a dividend, the consideration of the accounts balance
sheets and the reports of the directors, and auditors, the election of directors in
place ofthose retiring and the appointmenl and the fixing of the renumeration
28.
of the auditors. ·
No business shall be transacted at any general meeting unless a quorum of
members is present at the fane when the meeting proceeds to business. Save as
herein otherwise provided two, members present in person shall be a quorum.
29. Ifwithin half-an-hour rrom the lime appointed for the meeting a quorum is not
present the meeting ifconvened upon the requisition ofmembers shall be
dissolve<! in any case it shall stand adjoumed to the same day in the next week
at the same tinte and place as the directors may detennine and ifat the
URAnnex37
- 6 -
adjoumed meeting the quorum is not present within half-an-hour from the time
appointed for the meeting the members present shall be a quorum.
30. The Chairman if any of the Board ofDirectors shall preside as Chairman at
every general meeting of the company or if there is not such chairman or ifhe
shall not be present fifteen minutes after the time appointed for the holding of
the meeting or is unwilling to act the directors present shall elect one oftheir
members to the chairman of the meeting.
3 1. If at any meeting no direct or is willing to act as chairman or no directors is
present within fifteen minutes after the lime appointing from holding the
meeting the members present shall choose one of the members to be chainnan
of the meeting.
32. When a meeting is adjoumed fôr fifteen days or more than even clear days
notice at the lease of the adjoumed meeting shall be given an original meeting
but it shall not be necessary to be transacted at the adjoumed meeting. Save as
aforesaid it shall not be necessary to specify in any notice of an adjoumment or
of the business to be transacted at an adjoumed meeting.
33. At a general meeting a resolution putto the vote of the meeting shall be decided
on by show ofhands unless a poil (before or on the declaration of the show of
hands)is
(a) By the Chainnan of the meeting or
(b) By a member or members holding shares in the company conferring a
right to vote at the meeting being shares on which aggregate sum has
been paid up shares equal to not less than one tenth of the total sum
paid upon all the shares conferrin5 that right.
34. Unless a poil be so demanded a declaration by the Chainnan of the meeting that
a resolution has on a show ofhands been carried or carried unanimously or by a
particular majority or lost an entry to that effect in the book containing the
minutes ofproceedings of the company shall be conclusive evidence of the facts
without proof of the number of proportion of the votes recorded in favour of or
against such resolution.
35. In the case of an equality of vote whether by a show ofhands or on a poli the
Chainnan of the meeting at which the show ofhands takes place or at which the
poli is deemed shall be entitled to second or casting vote.
36. A printed copy of every special resolution and other resolution or agreements
mentioned in section 143 of the Act shall be sent to the Registrar ofCompanies
as provided by that section.
VOTES Ofi' MEMBERS
37. Subject to any rights or restrictions for the time being attached to any class or
class of shares on a show of hands every member present in persan shall have
one vote. for each share which he is the holder.
URAnnex37
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38. On a poli a member entitled to more than one vote need not ifhe votes cast all
his votes or cast all the votes he uses in the same day.
DIRECTORS
39. The number of directors of the company shall not be less than two (2)
40. The share qualification for directors may be fixed by the company in a general
meeting, and unless and until so fixed no qualification shall be required. Tlûs
shall be detennined by the company in a general meeting such remuneration
shall be deemed to accrue from day to day. The director may also be paid all
traveling, hotel and other expenses properly incurred by the attending and
retiring from meeting of the company or in COMection with the business of the
company.
41 . Any director who serves on any committee or devotes special attention to the
business of the company or who otherwise perfonned service which the opinion
ofdirectors which are outside the scope of the ordinary duties ofa director
may be paid such extra remuneration by way of salary percentage of profits or
otherwise as the director may detemùne.
BORROWING POWER$
42. The directors may exercise ail the powers of the company to borrow money
over and above the company' s share capital and to mortgage or charge its
undertaking property and uncalled capital or any part thereof and to issue
debenture, debenture stock whether outright or as security for any debt, liability
or obligation of the company ofany third party.
POWERS OF DffiECTORS
43. The business of the company shall be managed by the directors who may pay all
expenses incurred in promoting and registering the company and may exercise
all such powers of the company as are not by the Act or by these Articles
required to be exercised by the company in general meetings subject
nevertheless to any regulations ofthose regulations being not inconsistent
with the aforesaid regulations or provisions as may be described by the Act of
the directors which would have been valid ifthat Regt1lations has not been
made.
44. . The direct ors may from time to time and at any time by powers of attorney
appoint any company, firm or person or body of persons whether nominated
directly or indirectly by directors to be attorney or attorneys of the company for
such discretion (not exceeding those vested in or exercisable by the directors
under these articles) and for such periods and subject to such conditions as they
think fit any such powers of attorney may contain such provisions for the
protection and convenience ofperson dealing with such attorney and may also
authorise any such authorities and discretion vested in him.
URAnnex37
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45. The directors may entrust to and confer upon a Managing Director any of the
powers exercised by them upon such tenns and conditions and with such
restrictions as they may think fit and whether collaterally with or to the
exclusions oftheir own powers and may from lime revoke, withdraw, alter or
vary ail or any of such powers. The direct ors shall from time to time appoint
one of them to the office of Managing Director for the company and which he
holds such office that management and contrai of the company shall be vested
inhim.
CHAffiMAN
46. The Chainnan shall be appointed by the directors to preside over ail meetings of
the company and in his absence the Board shall appoint any other person to
preside.
SECRET ARY
47. The Secretary shall be appointed by the Directors for such tenns at such
remuneration and upon conditions as they may think fit and any Secretary so
appointed may be removed by them. The provisions of section 17b to 180
inclusive of the Act shall be observed. Where there is no Secretary capable of
acting, the Directors may appoint one of the Directors an Assistant or Deputy
Secretary or any other officer of the company to perform the duties ofa
Secretary.
48. The Directors shall provide for safe custody of the Seal which shall only be
used by the authority of the Directors or a committee of the Directors
authorized by the Direct ors in that behalf and every instruments to which the
Sea! shall be affixed shall be signed by a Director and shall be countersigned by
the Secretary.
49. Ali deeds executed on behalfofthe company may be in such fonn and contain
in such powers, provisions, conditions , convenants, clauses and agreements as
the directors shall think fit and in addition to being sealed with the seal and
shall be signed by a Director and countersigned by the secretary or by a second
Director.
NOTICES
-· 50. A notice may be given by the company to any member either personally or by
sending it by post 10 him a1 his rëgistered address or 10 the address, if any,
within Uganda supplied by him to the company for the giving of notice.
s·1. When a notice is sent by posl, service of the notice shall be deemed to be
effecled by properly addressing stamping and posting a letter containing the
notice by air mail if addressed to a destination outside Uganda and to have
been effected in the case of a notice or a meeting at the expiration of 48 l10urs
aller the letter containing the same is posted and in any other case at the time at
which the leller would be delivered in the ordinary course of post.
URAnnex37
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52. Notice of every general meeting shall be given in a manner hereinbefore
authorized to:
(a) Every member except those who (having no registered address within
East Afiica) have not supplied to the company an address wittùn East
Afiica for the giving of notice to them.
(b) Every person upon the ownership of a share develops by reason ofhis
being a legal persona! representative of a trustee in bankruptcy of a
member where the member but for his death or bankruptcy be entitled
to receive notice of the mt:eting; and
(c) The auditor for the time being of the company.
(d) Every Direclor, Managing Director, and Secretary of the company.
We, the several persons whose narne, address and descriptions are hereunto
subscribed are desirous ofbeing formed into a company in pursuance ofthis
Articles of Association and we respectively agree sign opposite our respective
names.
URAnnex37
. ,. ..
10
NAMES, POSTAL AD DRESSES NUMBER OF $HARES SIGNATURES
AND OCCUPATIONS OF TAK.EN BY EACH OF
SUBSCRIBERS SUBSCRIBER SUBSCRIBERS
MR. JOHN SUPIT KOTIRAM
P.O.BOX 83S2
KAMPALA.
MIS PRANEE
CHANYUTTASART
P.O.BOX 83S2
KAMPALA
PROSSY BALADA
P.O.BOX 8352,
KAMPALA.
C RTJFIEO TRUE COPY
R GISTRAR OF COMPAN ES
KAMPALA
• \Ir. . ..
DATED AT KAMPALA titis ... J\:i ........ day of...~.!.:\'~:\'?x .... 1999.
WITNESS TO THE ABOYE SIGNAT
1
URES: . : -- -:-~
\ ,'-1. '\ .' ... .• , ..' '. • H. ·. 1.1: ~,
SIGNATURE: ........... :: .. t ... .-.:.'Q~~~~ .. :f. ....... i .... :. •. :: ... l.:.: •. L .. r.-........ ........ ..
• , \'I • .. ·• . ,r
NAME• IN FULL.• . ............'.. ..~.. , ,I.1('. . ).. ..?... .,.; ..1 ••1•. \".fr \. { ,. ' ; -: . . '•",
1
•••• • ..:: ..................................... , ......... . . , .... , .. ' ' ri •. · c ., , , . . " :t. 1it ',, .. · ·, · ,. 1 . , . .., ~ . ..
POSTAL ADDRESS: ........" :.. ... i.. ... ~. • .':'.., .. ::r:-;.;. ........ :ï::.t':-.°f"K=~'l:Y.il.~-. ~ ....... .
OCCUPATION : ................ }:J).:f:.:'.:.'.~~~-~: .............................. ~ ............... ..
URAnnex37
URAnnex38
URANNEX38
DARA CREAT LAKES ( INDUSTRIES ) L TD.
P.O.BOX 7484, KAMPALA, UCANOA.
TEL: 256 - 41 - 269708, 269337 FAX : 256 - 41 - 269679
E-MAIL : [email protected]
THE COMMISSIONER
Ministry of Water, Lands &
Environment ·
Forest Department
P.O. Box 7124
KAMPALA.
21st March 2000
RE: REOUEST FOR A CONCESSION IN BUDONGO, BUGOMA, MABIRA AND KALlNZU
FOREST RESERVES.
Thank you for your constant communication and advice as regards investment in the
harvest of hard wood - Iron wood i!'l the National Forests of Uganda.
As you have unders~ood the nature of our investment based on Forest certification
Management, the volume of Cynometra Alexandria in Budongo belng llttle, we have
accepted your advice in your letter dated 20th December 1999 with a vlew of lncreased
volume. We therefore accept all bard wood llke Celtis in Mabira, Plrlnari in Kallnzu,
Cynometra in Budongo and Bugoma Forest Reserves.
With advlce and guide from the Forest officers in Budongo and Bugoma, we find Celtis
being the second specie most abundant second to Cynometra Alexandria hence increased
volume. We therefore accept your proposai.
The Geographical locations of these forests therefore answer why our Factory should
be in the cen~re of th!!5e forests hence Kampala:
1 know this lnvestment wlll be good for Uganda in terms of Revenue, Employment and
sustainability b~sed _Qn Practlcal conservation through certif!ed Forestry.
-
We look forward to the concession of at least 30,000 Cubic Meters per year. That is our
proposai subject to be approved by SMf.RT WOOD for Practlcal Conservation through
certified Forestry.
Prossy Baraba
DIRECTOR
URAnnex39
1 UR ANNEX39
DARA GREAT LAKES ( INDUSTRIES ) L TD.
P.O.BOX 7484, KAMPALA, UCA.NOA.
TEL: 256 - 4 1 - 269708, 269337 FAX : 256 - 4 1 - 2696 7 9
E- MAIL : d.aca~lnfiK.Offl.CO."g
21st March 2000
THE COMMISSIONER
Minlstry of Water, Lands &
Environment
Forest Department
P.O. Box 7124
KAMPALA
'
RE: PRACTICAL CONSERVATION THROUGH CERTIFICATION FORESTRY
As you are aware that we market our products in the World Market, to be able to
compete with countries which operate with low costs of production, Dara Industries
propose to use Certification as one of the methods of work.
This work will provide management with information related to how current
management planning practices and systems compared to Forest Stewardshlp Council
(FSC) requirements, and specifically identify those areas where further development
may be required in order to be certifled as well-managed forestlands.
We have therefore an official from SMART WOOD - Rogue Institute for Ecology
and Economy (OREGON).on the 14th - 16th April 2000, for Forest Certification scoping
Will you therefore allow him visit some forests like Budongo and Bugoma.
Looking forward to your. consideration.
Yours fnithfully,
Pross Baraba
DIRECTOR
URAnnex40
URANNEX40
, ... .
fl:_ .. , .d CA '1 o :)_ u f :Je...->'-"- ~- 1,;tm , rt:;:: U,,Ô) FI
\ 6 ,,. .,,.:_ ... ...; _ s .\ i..-:::v1.., '"""' l -•-, ' , ,-1..•~ c)- 0 . c) t'i-YP •,- fi::;:·'
_.ç., ~d'"J ~ l--M c-~ ~ J (,. -?.R.-v l--1 \,-J LÀ-" rt\ w <3
'lrc.A-~)~ o. J e::e ~ '"'~ -+L-. R-tt.c~cct cY u::... -t7'<c.-.f~ }A.Wh..'::'.)~ ( Le: fi~ J h '.lvrY1J. J "- ( ') i.:; Jt .
A-Pr ~ b .~ , cJ, ·'"' 3 ~ ) -e-1~ .. s . co-/A..
k12.-'" fo ~ o / 1r.-+::. J, r:t:;_ hl c-1 ·~
~ o.-vt L _9v,.,,... c)St o (J""(e.,,y, ~ vcP/) ;=. (~ ~
~ . tfv-'- p ~,~·..,_ . 1-Jr, (u.Pllï':)
~. .,~ w il1:: . ~. i"': ..r".::) /.A C.....7l.o. >
( A-v~n;.,ç.f,~-N~ ..... ).~P>'~c) CA/Jvv-Î ~')
Ci'\A..,_. J h . .: .. :. Co , ...... f /~fa- w .cz...ra Y<'."~ J"i). o -
~-:j~o ~
URAnnex41
•. I
URANNEX41
DARA GREAT LAKES (INDUSTRIES) LTD.
P.O.BOX 7484, KAMPALA, UGANDA.
TB.: 256-41-269708, 269337 FAX: 256-41-269679 E-MAIL: [email protected]
Rcf: DGIUCF/2/2000
July s. 2000
The Commissioner for foreslry
Foresl Dcpartmenl
Minislry of Water, Lands and Environménl
P.O. Box 7124
Kampala
Allention: Mr. Nsila Steve Amooti,
Re: Hardwood Forest Concession to support Sawmill Establishment
We refer to your leller déllcd 31~1 March, 2000 n copy ofwhich is enclosed.
Since communication with you wc have held further discussions with your officiais and
visited the Budongo Forest Area. We also wish lo infom1 you that our company has
made its plans to invest in Uganda much clearer and as a result,
The Uganda lnvestmcnt Authority has licenced our US$ 22m project in April
2000. [copy of Licence allached)
2 DGIL has prepared asile plan for business set-up in the Namanve lndustrial Park.
[copy enclosed for your information].
3 OGlL has preparcd a business plan to support our application for a forest
concession from yoursclvcs (document cnclosed). We have requested for
30,000cu.m/ycar aimual allowable eut.
4 The Choice ofTechnology by Oara i:; based on DRC/ Uganda operations and
projeclfons of the annual allowable cul.
The slrength ~-four application for a concession in Uganda lies in-
• Technical compelencc in hardwood saw milling and er1vironment protection as is
pracliced-j_n Thailaqd, Vietnam, and the Dcmocratic Republic of Congo where we
have invested US$ ~:1 m ovcr the lasl lhree years. TI1e DRC Forest Concessions in
Beni are atlacilcd.
• Guarantccd market ansmg out of assurcd qualily of supplies. Machinery and
equipment that we use is stalc or the art tcchnology.
• Stralegic location in the Kampala lnduslrial Park which the Uganda lnveslment
Authority is cstahlishing al Namanvc which will dircclly link us to the firsl inland
dry po1t.
• On-going openations in lhi; Great :akcs Rcgion and in particular the DRC.
(cxhibils of mnrkcl oullcls, s1,ccies of timbcr lhat Dara convcrts into saleable
products, planncd faclory layout and cnvironmental considerations reafforestation
in particular arc provided).
• The Dcpartmcnl may in particular wish lo note that we have already signed forest
scooping orrangemcnls with the Rogue lnstitutc for Ecology and
Economy/Smnrtwood of Portland Oregon. Arrangements made by the institute are
rccognizable worldwidc. TI1e Company ( S111a11wood) will immediately begin
their work as soon as wc gel a forcsl concession.
Dara Great Lakcs Industries Lld lherefore requests you to have the Hardwood foresl
concession granted so that the cnvironmental impact assessment as well as financial and
olher detailed planning undertakings arc put in place. We pray. to you that this happens
soon to cnsure Utat our clients. collaborators and financiers keep holding us in high
esteem. ·
Sincerely yours,
Dara Great Lakes (Industries) Ltd
= - :)i~q ~{{tt,l
John Kotiram
DIRECTOR
Cc Executive Director
Uganda lnvestmenl Authority
Kampala
. ... ..... enc/
URAnnex41
Cc Ron. H. ~ajura
Minister of Water, Lands
and Envirornent.
Kampala
URAnnex42
Not Transfcrable
Ul't/BLIC Of" UCAKDA
SECOND SCHEDULE
(Cap. 246 3385)
THE FORESTS ACT
LICENCE TO TAKE FOREST PRODUCE
R.4
Substituled
FORM A. L.N. 78
orl961
URANNEX42
No.: ................. . l ,;,, 1(! le:, ,· ') ,c·r,., ~
Date: ...... ,2 ... : .. ~ . .t .. ~ .......... ·
' f ''\1/r. 1 ,.!\
Station: ·····"·.: .~.. . r'·. \ ... '
. Jbjcct to the conditions of the Forests Act and any Rules made thereunder and to the tenns
and conditions stated herein .................. .b..fr.e....B ...... G.A.î~f T. ... b.Af.0<;." .......... .
............................... · ............................................. !. 1-1.'t~.~: _j-12.iE.<:: .................................. .
is hereby authorised to eut. take and rcmove the undcnnentioned forest producc from the
...................~a _.,Y, r. .~.. ._ ~~:. . N.... .C..~: :l. . :. .............. : · -:-7 't Forest Reserve/Open Lands for ...... t~~ .. ~ .... years
within the period ............ / .fi. #..f:J:!.lf.l:.'1-.(!,.{;f.f?-:-.... . -d:-:~.......... t o
...... .1.7. ..... ?..ri!.-P.:Lç{?_Pf.\m,_ ;.:1002. {lZ1=°f.fE-...vA&<..é Fe::<=!.. (.;uc. ·-~c .:-,Ç!_•
Block or
Compt.
J'
Forest Produu Allowed
Description .. AAC Species Minimum
of Prod11cc diamctcr·
~~ fLJW (.(!l{C-, ~b
L,.)"'t;,l .b PJ
• al br«asl hcighl I.e. I .Jm abovc lhc gruund.
•· Annual Allowablc Cul
Qty Rate per
m,
/).i i i::G Ç)..J\-
.De:€ S$, ()'..[6,
TOTAL CHARGES
Fccs (Shs)
-Gp
. . ., ,C"\=,o~ A! ... ·~' .
n · d rr c::h ·11· · · · '="'L7\.., <...:.-c. · ·-· r- \,.. · ,,c,c,vc ~~ 9 :.--. 1 ,ng.s ·····························c·············f."' "l-1.. .. i--: • p-,.JL.c..f
(Shs: ...... c•. : .~.c. .......... f.'ll..l.LL!.8.1,{. ........ ,.~-H:~~-SJ .......- :'~.t:: ........... ~ ......... :. .1 ...:. ....... )
Distribution:- Original lo Liccnscc
Duplicatc for Account
Triplicalc to rcmain in the book
'
•
Nol Transfcrablc
1SH
No.: ................. .
/
UPUBLIC 01' UOANOA
SECOND SCHEDULE
(Cap. 246 3385)
THE FORESTS ACT
LICENCE TO TAKE FOREST PRODUCE
R.4
Subslitu!ed
FORM A. L.N. 78
of 1961
Subjcct to the conditions of the f'oresls Act and any Ru les made thereunder and to the terms
and conditions stated herein .............. _b.:A.R-A ...... G.g~ftf. ..... ?.-:.F.:f .~~-........... .
................................... ................................ ·t········/··"'·:î.~K.-...C....'.S...1....~....J...~..._...... .................................... .
is hereby authorised to eut. take and remove the undermentioned forest produce from the
........................ ~:.~("?.9..~:\B ................ Forest Reserve/Open Lands for .: .. ~Q_Ç: .... ycars
wi1hin the pcriod .... . . .. lt'.? .. f.kf;f.T.t?.I!":'.~-..... ?.f:Pf?.Q...... .. . . . .. . . to
......... .1.:J .... 5..e.:P.!.&:~,1p;eR ;:;l .. QO;l ( Ç?_t μ t:: !..<..'·f.-R.,Lf=- ?-:-:-é:·; R._ D 1-l f.?:
Forest Produce Allowed
Block or Description 00AAC Species Minimum Q1y Rate pcr
Compt. of Producc . diamcter m,
fi.:(Z. eut 1( fl (}{6, k7~) (N. reG,fl-P.
1\: ~~ fk0C ·-csr· t:;. ·- ,"'( ·.
j
TOTAL CHARGES
Distribution:-
• - at bfnSl hcight i.~. I .Jm abovc the ground.
" Annual Allowablc Cul
Original to Lioenscc
Ouplicah: for Account
Triplic:ilc to rcmain in the book
URAnnex42
Fces (Shs)
l.cb)
,..
:..-,
'((:..f!R._ .I , .
N('lt T ransfcrable
REPUBLIC OF UCANOA
SECOND SCHEDULE
(Cap. 246 3385)
THE FORESTS ACT
R.4
Substituled
FORM A. L.N. 78
of 1961
LICENCE TO TAKE FOREST PRODUCE
No.: ...... }~)._
1 0 )r -o,' -i,·:,.c:r~
Date: .. ..... !. :, i. .. _:.,..~ .. i-i --t..~- ·l....'
'
'ubjecl to the conditions of the Forests Acl and any Rules made thereunder and to the terms
and conditions stated herein .............. ~ .. ~.-.RA ..... C'"}.f;_Ç{ff... ... h.fr:~.~~ ................ .
................................_. ....................................../ ..1.'. , ~ ...-.{._...'...<. ..'..Î.. /.!.L...i. .~...,..;.. ............................................ .
is hereby authorised lo eut, take and remove the undermentioncd forest produce from the
..................... N\:b.~.tf?. t: ...................... Foresc Reserve/Open Lands for .: .. '.u~!..O ..... years ') - --r·· ,-. ~ o 91.x; - within the period . . .. ....... ! . ~ ... \-; ~>. :: .v.!:·~. :~J."': ..••.•••. ~. ~:..1. ... ........ ... l o ...... .r1.. .. :-fOE:1?.:re:e:\~:f.R... 2r.r·:i.
Forest Produce Allowed
Block or Description .. AAC Spccies Minimum Qty Rate per
Compt of Producc diameler . m'
"FêfZ PL P..'fi ;t.! ,,v_ -'"1- H, , ~ ffJ. T5!2
'..t)91 ... ~b PP DC.S ~~!Nl;
TOTAL CHARGES -
Distribution:-
-
• Ill' bn:asl heighl i.e, l .)m abuve lhe l!ruund.
•· Annual Allowablc Cul
Original 10 Liccnscc
Duplii:atc for Account
Triplic,llc to rcmain in lhc bouk
... , .-r, . .- 'I .
• -,~-;',~;~ 1 ; i f; 0
/ ! r \ 1.. r' L,._,-..._ r : i c -'-.. ! ~ ,_ · ' \.L'. C: .
Fees (Shs)
,,. ll H' ~ ,-:: b .::-,. _ .. , _ ,
URAnnex42
URAnnex43
URANNEX43
CONDITIONS FORA PROVISIONAL LICENSE TO HARVEST AND
PROCESSFORESTRYPRODUCE
License No.f.11 .~ .. ... Issued on .JiJ.9.j}~ Expiry Dale .t:1.1.~1 ;2.o~
(fil rhese co11dirio11s, "Commissio11er" meaus the Commissio11erfor Foresr,y or Head
of the i11stirurio11 rhat may succeed the Forestry Department)
1. This license is issued subject to ail the provisions of the Forests Act, 1964.
2. This license is vaüd for two years effective from the date of issue. It may be
renewed for a fur1her period of one year, if, in the opinion of the
Commissioner, the renewal is justifiable.
3. Within the period ofthis license, the licensee shall:
(a)
(b)
(c)
(d)
prepare ·a workplan and ~ . inyestment plan acceptable to . the
Commissioner; · cmy oui aii environme~t ~act ass~sment of the planned operations
a~~~ l!-) the requir.em~.~ sOf:-;(h~ ~~tional Environment Statute,
1?9~! ~- ..... : :, •: . . .. /;·,· ~~i):-.\.... .. . . . . .
put · m. -place the necessary irurastruéture for tmplementmg · the
worlcp!~~-: , ., , . . . , ....• •... ,, . .. . · ·
carry O!}.t al?-Y s. tudies néc~sacy f....c;,{. .f,.ù~f.i lling (a) - (c) of this Condition.
4. The licensee shall eut and take only stich forest produce as shall have been
marked or otherwise d~1gnated for that ~wi,~.~e by a forest officer.
5. The licensee shall:~ot 17move from th.e P.la~ of/~lling or collect any forest
produce allowed by this licence until .~4clt produce bas been rQeasured and
mark.cd by a forest officer with the . appropriate Forest Départment hanuner
. mark. . .· .
. . ·· ... .
6. · The licensee ~ha}Ctak~ .an necessary.Ï!~~u~o~ to prevènt damage .to other
forest produce ~sîng.·out of his operatjo~ unde_i:_ tlÙs licence and shall be
responsi~le for ~e aëts ofhls servants, erriployees or agents.
7. The licensee and their servants and employees shall at all limes assist forest
officers in the prevention and extinction of fires in or threatening the area the
subject oftlÙ~..l i~,'and in the prevention and det ·o n of fores! offences . ; ~· .. . -· .
•: • .. ! ..
8. In the evenl of a brcach of the Forests Act or any Ru les lhereunder or any tenn
or condition of this licence, this licence may be cancelled and the fores! produce
forfeited, without prejudice to any proceedings which may be taken in respect of
the said breach.
9. The licensee shall, on the expiry of this licence, surrender il to the issuing
authority.
l O. If conditions of this licence are fulfilled to the satisfaction of the
Commissioner al, or before the expiry of this license, another license with
normal sawmilling conditions, will be issued for a further period of 5 (five)
years. This perrnil may be renewed as the Commissioner may deem fit.
11. The licensee shall pay, at the nom1al forest fees raies, any fores! produce the)'
may eut, removc or otherwise work within the licensed a.rca. No ownership of
any forest produce under this license shall vesl in the licensce until the fees
due are full y paid.
12. The lièensee shall operate within the minimwn quality slandàrds set by the
Commissioner. The Commissioner or officer designated by the
Cotnmissioner, may enter th~ licensed a.rea at any time for purposes of
monitoring perfonnance stàndàr9.s .
., --~-i~··!".!. ~ .
13. Th~ lice~see sball parX~îfff.P1~~1~ fee of Shs. 1,000,000/= (one million
(?!}IY) pay~ple on thC1-co.~g.mto1o~ qf~ Iic~nse.
'1, .. ·. - . "' .
14. ·This Iicense is not transI~rab!e .~xcq,t with the writteÏi· approval of the
Commissioner" sett.iJ:ig ôut 191'.~1.~s· uii~er which it may be transferred .. If the
licensee is a company, organisation, institution or other body registered under
the laws of Uganda, this liêense sball cease if the company, organisation,
institution, or such other body_ is dissolved for whatever reason.
15. Ali the land in the licensed.ai:ea remains the property of .the Govemment of
~gan~a. It shall not be mort~~~~ or willed.
·16. The Commissioner will, at any tim~ ·Juring the currency ~f this license, bring
to the a~ention of the licensee, ~y Ï@Provements required for good
· perfonnance. If the licénsee_does not comply within the specified period, the.
Commissfoner may lake any femed.ia) actio·o he/she deems fi( including
cancellation ofthis license.
URAnnex43
Wc acccpt ~:~;thdis lic!cn!sei a~nd a-g•r.-e .e- .-t o. - ;c.-.o- m. -.p-l-y: ,w ith all the tcnns and conditions Wlder Date .. ?.:~.h~.,~?~~---
. N1a n1es ...J... .o... t..+..,..v.. ....S....u... .p...I ..Î... .....I.U...:.}. '. .Î I /Urr{)
Position in Organisation ..... m.M..!.tf.?l.t.t:!..9. ..•.. ~.~-Q/S ............................. .
"t-· th\ 1L-4
Issued this ~ day of ~
Signature
Namcs
Commissionér· fqr Forcstry
. ·r· .
2000
URAnnex43
CONDITIONS FOR A PROVISION AL LICENSE TO HARVEST AND
. PROCESS FORESTRY PRODUCE ..
;•: ...
L1·c ense N·o ..I..S...O... ... . Issued on ..! i.l.~1.lii?.9:0'0 Expiry Date .f-tJ.~1J:>.oo~
(ln these conditions. "Commissioner" 111ea11s the Commissioner for Foresr,y or Head
of the institution that may succeed the Forestry Departme11t)
1. This Jiccnse is issued subject to ail the provisions of the Forests Act, 1964.
2. This Jicensc is valid for two years effective from the date of issue. Il may be
.renewed for a further period of one year, if, in the opinion of the
Conunissioner, the renewal isjustifiable.
3. Wjthin the period ofthis license, the licensee sball:
4.
.(a) w prepare a workplan and an ÎJ\v~tment plan ,a,cceptable to the
i .•: :, :f,· Commissio~er; · · · .
.. : ; (b) --: · carry out ~ enyironment imp.act 3$.$~Sment ·of ~e. planned operations
·•· ,, .. '.: > acco~(ijng -!~ .. tqe ! ~~uir~~pt,s.:9r ~~~~~~~Î;~~iîronment Statute,
•''l>:ijl~}~-19J)5; - · . .
:··:.:r-=-·@ .:_.. -~:p~t · fu · plaê:éi': ilïtf'irecèssary ïn.iras~ctùië'.':Jôf 0
· implcmenting the
: . .}J7{;i~ ti.: .. ·W''?~ki:!!~; ,• :r~·;t,:.;i:::l! .t - · ·"~· ' \.: •• · ··" ' r. -r .... ~ .> • • · :·.(4) w.;; carry oui any studiès·~~essâ.ry f.'i>i- fi.ilμll.ù;tg (a)'-:'(è) ofthis Çondition.
• ,. .. •• z ·.: . .. • • • ·. ·:·? ,
. 'lb~ Jicensee shall eut and take only s~èμJoresi produce· as shall have been
. ,~~ed or otherwisè d~ï°gnated forJhat piupÔsê by ~.f;o{~~ -~$cer.
:/;f;bfi~çensee shall n~t f.em_ov~. from ~ 7 ~-~a~ o( f e.~g ?.r, ?Ollect any forest
·. i>~~p.ce allowed by this li~ce until ·~uch producè bas been measw-ed and
·. · inàdc~ by a forest officer with the appropriate· Forèst · Department hammer
. m..a.r.1.c...· ·. ··- -
~ \ '.= .. :: ··- - . . . .~\ . . .. .
/ fl}.e ! Jipensee shall take ail neçessary pr~9,!ions: ·to. ,pre.vt:nt damage to other
. ::/~I~.; ~roduce arising out_.of. ~~~C?~~rat~ci4s· Wl~~:.~~-~~~ce and shall be
.~ .,;is1ble for the act$ oflûs servants, ernployees oragecM.J
. 'Îhe:licensee and their servants and employees shall.at ail times assist forest
_., .. . :·offièêrs in the prevention and extinction of fiies in of"~teoing the area the
fjif.~~j~t ofthis licence,:an!l1
...... ~. ~. ~.P~~. e~tion and det~~.Q ~·;i..t·i. <. ?~t offences.
·. =t.
URAonex43
... .)
8. In the event of a breach of the Forests Act or any Rules therewtder or any term
or èondition of this licence, this licence may be cancelled and the forest produce
forfeited, without prejudice to any proceedings which may be taken in respect of
the said breach.
9. The licensee shall, on the expiry of this licence, surrender il to the issuing
0
authority. ·
1 O. If conditions of lhis licence are fui fi lied to the satisfaction of the
Commissioner at, or before the expiry of this license, another license wilh
normal sawmilling conditions, will be issued for a further period of 5 (five)
years. This permit may be renewcd as the Commissioner may decm fit.
11. The licensee shall pay, al the nom1al fores! fees rates, any forest produce they
may eut, removc or olherwise work within the licensed area. No ownership of
any fores! produce under thi~ license shall vest in the licensee until the fees
due are fully paid.
12. The licensee shall op·erate within the minimum quality standards set by the
Conunissioner. The Commissioner or officer designated by the
Commissioner, may ent~r the licensed area at any time for purposes -of
monitoring performance standards .
. · 13 ..
14 .
15.
16 ..
-
. The licensee s~all par .{~~f~~~~J~.!.~Af~~~-: l,Ô00,000/= (one mi~lion
· orily) payable on the coming into forèe ofthis licerisë. .
• : - ~!:-7 -- ·~· ~_{ .. ·t.:;::~/t:~.~1·1~~~·/.-r/.-~ · ·
This license is nôi transfè~le exëept wiili: the, written approval oF-thè
Commissioner' setting out -the tetjn~ under whiêh it may be transferred. ~f the
licensee is a company, organisation, institution or other body registered under
the laws of Uganda, this license shall cease if the company, organisation,
institution, or such other body is dissolved fc:ir whatever reason.
Ali the land in the licensed area remains ~e property o.f .the Govemment of
Uganda. Il shall not be mortgaged or willed.
The Commissioner will, at any time di.uing the currency of this license, bring
to thé attention of the liè~nsee, any improvemcnls required for good
performance. If the licensee.does not èomply within the specified period, the
Comrnissioner ·l)lay talèë ~Y remedial action he/she deems fit, includipg
.cancellation ofthis license.
URAooex43
.'. . .
We accept this license and agree to comply wilh all the tenns and conditions under ~:~iJ!!r~. ; . ~ Dale .. ?.:~.fr~?./.~?~.?. ...
Names ...J... o... .t.+...t.v... ....S....u... .P...,. .T.... ....1..6..:1.. .' I. l ~ltrn
Position in Organisation ..... 11.ft,y.A:f:\J.r::!..9. ..... ~1.~.P.g ......................... .... .
Issued this ~1,i--. day of ~ 2000
Signature
Com.missionér for FoFestry
URAnnex43
CONDITfONS FOR A PROVISIONAL LlCENSE TO HARVEST AND
PROCESS FORESTRY PRODUCE
Liccnse No .. ~fJ. .... lssued on . .l.~.l~J~ Expiry Dale J.:tf ~./J6o;;i
(ln these co11dilio11s, "Co111111issio11er·· 111ea11s the Commissio11erfor Forestry or lie.ad
of the i11stit11tio11 rhat may succeed the Forest,y Depart111e11t)
1. This licensc is issucd subject to all the provisions of the Forests Act, 1964.
2. This liccnsc is val id for two years effective from the date of issue. Il mar be
renewed for a furthcr pcriod of one ycar, if, in the opinion cf the
Commissioncr, the rcnewal is justifiable.
3. Wilhin the period of this liccnse, the licensee shall:
(a) prepare a workplan and an investment plan acceptable to the
Commissioner;
(b) ··- cany out an environmcnt impact assessment of the planned operations
according to the requireμl.ents of the l:'l~tiQnal En~nme11l Statute,
1995· .
(c) put in place the necessary ... fafrastructure for implementing the
workplan; .
(d) cany out any studies necessary for fulfilling (a) - (c) of this Condition.
4. The licensee shall eut and t.ake only such forest produce as shall have been
marked or otherwise designated for that pwpose by a forest offi~r.
5. . The liceasee shall not remove from the place of felling or colle~t any fores!
produce allowed by tlùs licence ~til such proiiucë has been measurcd and
marked by a fores! officcr with the appropriai~ Forest Depaiùnent h3JTU11cr
mark. _· ···
6. The licensee shall take all necessary precal!l\o~ to ptevent damage to other
forest produce arising out of hls operalions under this licence and shall be
responsible for the a~ts ofhls servants, employees or agents.· ·
7. The ticensce a.'ld their servants and employees shall at ail times assist fores!
officers in the prevention _and extinction of fires in or threatening the area the
subject ofthis licence, and in the prevention and detection offorest offences.
c:::: URAnnex43
8. ln the event of a breach of the Forcsts Act or any Rules therew1der or any term
or condition ofthis licence, this licence may be cancelled and the forest produce
forfeited, without prejudice to any proceedings which may be talcen in respect of
the said breach.
9. The licensec shall, on the expùy of this licence, surrender it to the issuing
authority.
1 O. If conditions of this licence are fui fi lied to the satisfaction of the
Commissioner at, or before the expiry of this license, another license with
normal sawmilling conditions, will be issued for a further period of 5 (five)
ycars. This permit may be renewed as the Commissioner may deem fit.
11. The licensee shall pay, al the nonnal forest fecs rates, any forest produce they
may eut, rcmovc or otherwisc work within the licenscd area. No ownership of
any fores! produce under this license shall vest in the licensee until the fees
due are fully paid.
12. The licensee shall operate within the minimum quality standards set by the
Commissioner. Thè Commissioner or officer designated by the
Comrnissioner, may enter th~ licensed area at any time for pwposes of
morûtoring performance standarçls. ·
13. The licensee shau.~iY.l~O?:p~~~kf~ ~fShs~ 1,000,000/= (one mil.lion
only) payable on"'tlie·c:oaimg-int15-force·orpi.ii: lice~e.
4 •; ·=-- ·=-::,~ ·~. . . - .............. ·- .
14. This lit:&!së is Iiot transferable excq>t wilh the written apprôVal of the
Commissioner setting out the 'tetjns ~der' which it may be transferred. If the
licehsec is a company, organisation, institution or other body registered under
the laws of Uganda. this license shall cease if the company, organisation,
institut.ion, or such other body is dissolved for whatever reason.
15. _ AU the land in the licensed area remains the property. of .the Gov~nunent of
-Uganda. It shall not be mortgagêd or wiUed ..
.16.
--
'The Commissi9ner will, at any' time during· the curr-ency_ of this ffcense, bring
· to- the attention of the licensee,. any improvements required for· good
performance. If the licensee dôes not comply witlùn the specified period, the
Commissioner may take any remedial action he/she deems fit, inch.iômg
cancellation of this license. ·
URAnnex43
We accept this license and agr~ to comply with aJI the tenns and conditions under ~::~;~~-~.-.. .-..- .. -:--.~.-.- .- ~ Date .. ?.:~.l.i.~./.~':?~~ ...
Narnes ...J..O.... .f..t.t..v... ....S...U.... .(.). .I...l... ....~...... .' .Î I R../rrY'i
Position in Organisation ..... ~.f.m!./.tfu.(:01_.fi ...... ~.~.1?./!.. ............................ ..
lssued this r1i!' day of ~ 2000
Signature
"'·:·: -
N_ames
Commission~r}~r Forestry
URAnnex43
URAnnex44
GENERAL LINE: 23348S
COMMISSIONER: 251917
DEP. COMMISSIONER: 34S732
FAX: 347086
IN ANY CORRESPONDENCE ON THIS
SUBJECT PLEASE QUOTE NO 716
181
h September, 2000.
• THE REPUBLIC OF UGANDA
MIS Nyota Wood Industries (U) Ltd.
P.O. Box 7484
Kampala.
URANNEX44
MINISTRY OF WATER, LANDS
AND ENVIRONMENT
FOREST DEPARTMENT
P.O. BOX 7124
KAMPALA, UGANDA.
Re: REQUEST FOR A PERMANENT OR SPECIAL CLEARANCE
PERMIT FOR YOUR TRANSIT TIMBER
Yours DARA FORET/CF/PERMIT/07/00 dated 25/07/00 refers. A thorough
discussion has been held with my senior staff concerning the above subject.
The decision reached is that a permanent or special clearance permit for your
transit timber cannot be given to you.
lt is still necessary for my field staff to confirm that your timber is actually
coming from D.R.Congo. When the District Forest Officer, Kasese is
statisfied that the timber has corne from D.R.Congo, he will issue you a forest
produce movement permit to allow the timber to transit through Uganda. This
is now the standard procedure for timber transiting through Uganda.
URAnnex45
URANNEX 45
abila shows Awori
6143 UPDF prisoners
~li*fl14111pir1n1 •99,ry Awo11 m1tls Uglndln soldiors ln captivhy in Congo rtetnUy. ~ ulcl yultrday 111atP1tsid1nl Llunnt Kabi11·•
~tnl wn Mid,'.". 1'~ Ugandan prl50nar& ot .,., (Cour1uy Pholo~
Reveals another
Def ence scandal
By Alex e. Atuhalre
Pr~sidtnttal aspirant
Aurey Aworl, arrl\'K ln tbt
coun1ry yeslerday and
ornc111ty annouoced hls
cand idature Cor 1ht ZOOI
pruldenllal elecllollS.
Addrusin1 1 preu
conrtrence at the
International Caaftre.nct
Ccnlre laltr ln lbt allernoon,
A'tlt.·or1, allo MP for Saml.a
Bu1we North revealed that
ho had durln1 hls 1hru
mon1h S11y ln 1ho USA.
tra'4el1ed ta Coaco 1nd
esiabllshed lhat 1<1.3 Ul,II\CWI
1oldlors art btioc hold
c a pll'" by 1ho K1bll1
1ov1.rnm1nt.
.. 1 v is ited C.onco and ratt
President K1bi11. 1 wu
sboc:kld 10 nnd us Ucandln
prlsoneu or war beln1 held
c1p1l•e ln Conca. 1 h•••
evldtnct bore,· Aworl a.id •
1howln1 plcu1ru whlch he
nid be took whll, ln Col\f>O.
He sald tha.t he saw roass
cravu. or mort soldien who
wen kUl.cd durln& the wa r.
·t have not bHn away idlt,
but t have bun pursuin,
To Page 2
2 The Monitor
..
URAnnex45
NATIONAL
Prn ldantl1l 1spltant A1191oy Awort'o 1uppo,1or1 uny hlm 11 Enlallba Alrpo111Nt1 hia llTivol yu wd1y
(Pholo by Ho,,,y Songa11lrn~
Kabila shows Awori UPDF prisoners
From Page t Awar·l sa Id that pre.1idtnt
m11t•rs or national lnC.ntJI," Kabill has only u~ed Lh1l lhe
he,aid amidst c:bppln1 (rom U11nd1n IO\'ernment
1!lhusi11stlc members or the rtle:uu Consolue sotdlers
public and 1upport1n wbo beint hold cap1h·e by UPOP
:1ttenlled lhe thrre,hour ln 1Xch.&n1• to relcue oC Che
pms conrrr1nce:. Up.nd1n POWs..
lie ~ccused pro1Jden1 "lmaybewincawronrrora
Musevenl oChidinc lht lNlh but I want 10 ch•llen1•
rram relatln1. fr11nds J.nd pra:idtnt Yo...,·lri ~l\üe\'tni 1"
ta.c-paye.1'$ about the soJdit.n he i1 nraous on 1ho wel!art,
1n the Coneo. securlty J.nd inetrnatlonal
· when l prused him over relations or thb countr·y to
lhe i.uu,, president reluse cb1 Con10Ju1
Mu11venl u id he wou.ld s h·e pnsontrs auch thit we can
a surement :ibout the. conso have our chlldrtn back,'" ht
w4r but up co loday. wt hl\'e sald.
not seen a sta.tem~nt rrom He. n id he " tJnld brld
hlm," he sald. pru1dent Musn·"'" :ibout the
Awori nid lhal Che maUer and Olhtr 1hln1,,~ lhll
pruo·nen p,,. hlm tenen to were d1scu.utd 2bout UC,:l,llda
dtHver co lhe1r rehttives .. He ln lhe UN RCUrm· mtttlnr.
uld mosl or them an rrom Aworl ukd U~andans 10
Mbale, \Vul Nilo and 1uppott biln ln a · non,vlolenl
Nyabusho-z.a. democraclc re_volut lon ror a
He sald t,e wou.Jd publ!Jh peaoerul tran1t1lon or power'"
thllr namu arter visitinl rrom the curnnl )~ovemenc
lhrlr re.lallvtt. 1ovtrnment wh1c~ h.e
1ccu11d or masslvt
corrupclon ainon1 ather
lhlni:s.
"""'I s.iid th.li fleures have
been -ked 10 lndlcata 1h11
th• economy 1.s per(ormina:
welJ. whlch 1s con1r1dlc11d
by lho po•crty ln lh• country
sida.
"Even Ibis middle clus
they 11Jk oboul 11 a clus of
poopJo lllho have dlppad lhelr
hands ln tha u..a.,ury. lt 1s a
mlddle dus or lhievn, • he
111d.
Tht outspoke.n MP also
rcvuJed 1hat •oart Crom the
Junk h•llcoptera, lhere ore
more COC'nlptlon 1anda.ls an
UPOF' ~use oflhc dublou,
procunment proctdurH
uud by lhe arm~
"There are bous oc JII
nchttn Il Enleboe and uch
.... only OQO Win&. H1ve l'OU
ever setn an alrcrart wlth
only on, win17 ... Ibis IJ
),ecaut• iomebody ale the
mon(!y ror the olhtr wlnc1,"
heHtd..
He ulted Upndlns to w,
the power or Ibo oellol paper
to remove the Mu.11venl
covemmtnt trom power and
chonc• CoVtr'IUMDI poUcles. ,:.i:ri·, v!~r:i:••n w':r:
1uppor1ad 11 th• Entebbe ·
Alrport ucurity checll l'nnu
eotn1on10 lhulr1)orttomeet
hlm. Carrylnc placadard,
pr.iisinc the MP. huncltodl or
!hem wahed and holslld him
ln the a lr. and lacer drove
b.\ck 10 Kampola wlth hlm 1n
a convo~
URAnnex46
URANNEX46
Jean-Pierre Bern IJa
Le choix de
la Liberté
Editions Vénus
UR Annex46
Editeur Responsable :
Editions Vénus - Avenue de la Révolution, 7 - Gbadolite
République Démocratique du Conizo
1
\
=
pratiquement tous le chemin de l'exil et de l'errance.
En août 1998, une partie des ex-F AZ
cantonnés à Kitona assiste à l'atterrissage d'un
boeing de la compagnie privée Congo Airlines. Cent
trente commandos rwandais et une vingtaine de
Congolais neutralisent la base militaire. Deux jours
plus tard, un pont aérien s'organise entre Goma et le
Bas-Congo. Plusieurs officiers et des hommes de
troupes ex-f AZ décident de rallier le mouvement de
mutinerie de la l o~m~ brigade de Goma conduite par
les commandants Bob Ngoy, Sylvain Mbuki et JeanPierre
Ondekane. lis progresseront jusqu'aux portes
de Kinshasa. atteignant même l'aéroport de Ndjili.
L'entrée en scène inattendue des troupes angolaises
et zimbabwéennes ruine les espoirs rwandais. Le
colonel James Kabarebe qui a conçu toute
l'opératinn décide de décrocher de Kinshasa et du
Bas-Congo. Il perce les lignes de l'armée
gouvernementale angolaise qui progresse à leur
poursuite dans le Bas-Congo et crée un couloir
jusque dans le nord de l'Angola. Il y rejoint les
forces de I 'UNJT A de Jonas Savimbi. Les troupes
rwandaises et leurs alliés congolais passeront trois
. mois dans le maquis angolais.
Parmi les officiers congolais qui ont rallié Je
RCD dans le Bas-Congo, on relève le colonel
Kibonge Mulomba et le colonel Bita. Tous deux sont
originaires de l'est du Congo. Originaire du SudKivu,
le colonel Gédéon Kibonge est diplômé de
l'Ecole de formation d'officier (7ème promotion)
EFO Kananga, de l'école d'infanterie avancée à Fort
Benning (Georgia-USA), de l'école d'études
internationales d'intelligence de Fort Bragg (North
Caroline-USA). 24ème promotion de l'Ecole d'Etat
25
. .
URAnnex46
J .
LE CONTRÔLE DE L'EQUATEUR
La prise de Gbadolite assure au MLC la
maitrise des plus grandes installations aéroportuaires
de l' Equateur. Dans leur fuite, les troupes
gouvernementales abandonnent plus de 400 tonnes
de matériel et de munitions. Ce précieux renfort sera
mis à contribution pour la capture des villes de
Gemena, Libenge et Zongo. Les populations nous
retrouven.t avec soulagement. Après notre repli
tactique opéré six mois plus tôt, ces villes ont été
occupées par les FAC et leurs alliés perpètrent les
pires exactions sur des populations innocentes
suspectées de soutenir le MLC. La chute de ces villes
correspond à la signature de l'accord de cessez-le-feu
de Lusaka qui consacre la fin de l'hégémonie du clan
des Kabila sur le Congo.
li me faut désormais tenir compte des
contraintes politiques et diplomatiques du processus
de paix et des engagements souscrits par notre allié
ougandais. Faute de pouvoir poursuivre l'avancée en
direction de Mbandaka, je décide de mettre l'accent
sur le recrutement et la formation de nouvelles
recrues. J'ai la conviction que le maintien et Je
renforcement de la position du MLC sur le plan
politique passe par la constitution d'une force
militaire capable de répondre aux provocations des
troupes· gouvernementales et d'assurer la sécurité
tant à l' intérieur du territoire qu'aux frontières.
Entre-temps. les troupes FAC et leurs alliés
zimbabwéens ne désarment pas. Elles vont tenter de
reconquérir les te1Titoires libérés. De septembre 1999
65
URAnnex46
a Janvier 2001, la guerre de l'Equateur va se
concentrer sur le contrôle du fleuve et des rivières.
De l'Ubangui à laTshuapa, en passant par la Lopori
et le fleuve Congo, le réseau hydrographique du
Nord du Congo devient l'enjeu d'une guerre qui
tournera à la débâcle des troupes de Kabila.
Le long des rives infestées de moustiques,
sous les pluies tropicales diluviennes, dans la boue et
les marais, les combattants de !'Année de Libération
du Congo vont faire la démonstration de leur courage
et leur engagement en faveur de la liberté. Aux côtés
. de ces soldats, des officiers chevronnés, certains
:., brevetés d'Etat major, d'autres formés au fil des
; \ combats, vont assurer un encadrement digne des
année~ conventionnelles traditionnelles. Parmi eux,
les commandants Alongaboni, Moustapha, Alengbin.
Widi, Mondonga et bien d'autres, commandants
seconds, obscurs chefs de section ou commandnntscompagnie
vont graver en lettre d'or les pages de
l'Annêe de Libération du Congo.
Les bombardements aériens
Après avoir perdu Je plafond nord du Congo,
Laurent Kabila intensifie les bombardements
aveugles sur les populations civiles de l'Equateur. li
poursuit une double stratégie, d'une part terroriser
les populations en vue de créer un climat hostile
entre les paysans et les combattants et, d'autre part
anéantir I 'Armée de Libération du Congo. De
septembre 1999 à janvier 2001, les bombardements
\ se poursuivront à un rythme soutenu sans provoquer
de pertes en vies humaines au sein des troupes.
Chaque jour, les villages, les bourgades et les villes
sont les cibles des bombardements aériens ou des
pilonnages aveugles des bateaux de Kabila. Les
66
URAnnex46
peu ,._., ua11.:,\::'> ç1 11::::, 1,;11:. Ut! JOU:: Ut!S poputaUOnS. LCS
récits des souffrances atroces infligées aux villageois
par les hommes de Kabila émeuvent les journalistes ·
allemands qui m'accompagnent. Viols, meurtres,
assassinats, enlèvements sont racontés avec menus
détails par une population meurtrie. Au fil de
l'avancée de l"ALC, des centaines de pirogues
viennent à la rencontre <le nos baleinières saluer les
troupes et apporter quelques vivres . Le geste est
d'autant plus touchant qu'il vient de compatriotes qui
ont tout perdu. Mais qui nourrissent l'espoir de vivre
enfin libres.
La prise de Buhuru entraine une levée de
boucliers au sein de la communauté internationale.
Les Nations Unies exigent le retrait immédiat des
troupes. L ' allil.! ougandais, qui ne disposait d'aucun
élément en ligne de front, est lui aussi violemment
pris à partie par New York. Les pressions sont
d'autant plus fortes que la chute de Mbandaka
signifierait immanquablement la poursuite de
l'offensive en direction de Kinshasa. La mise en péril
des relations amicales avec notre allié ougandais et le
risque d'isolement provoqué par les sanctions des
Nations Unies sur ses intérêts m'obligent à revoir
notre position. L'ambassadeur Kamel Morjane, Je
représentant spécial du Secrétaire Général des
Nations Unies au Congo, et le général Mountaga
Diallo, le Force Commander de la Monuc, font Je
déplacement de Gbadolite pour me porter Je message
des Nations Unies. Insensibles aux images du retour
de milliers de Congolais dans leur village et aux
témoignages des populations civiles sur les
massacres perpétris par les FAC dont elles sont les
victimes, les deux émissaires transmettent les
exigences de la communauté internationale. En me
81
URAnnex46
.• ..
coréens, font la fierté de Kabila. La majorité des
jeunes gens sont originaires du Katanga. La
puissance de feu dont disposent ces barges est
considérable. Sur les bateaux tous les types d'annes
d'appui sont concentrées : 37mm, 14,5mm, 107mm,
122mm. De leurs positions défensives, les troupes de
l' ALC ne peuvent répondre au pilonnage des berges.
Au cours de la semaine du 12 au 16 juillet
2000, je donne l'ordre aux forces stationnées à ·
lmesse de se replier sur Libenge, soit à plus de 400
kms au nord de la position du MLC reconnue dans le
plan de désengagement de Kampala. Je veux éviter
des pertes en vie humaines et je demande au
commandant Alcngbia de ne pas engager de combats
retardataires. Ce repli permet aux forces de se
positionner dans un terrain de combat plus propice à
une riposte face aux forces FAC/ Alliés. Grisées par
leur avancée, les troupes de Kabila remontent sans
aucune précaution la rivière Ubangui. Elles arrivent à
quelques kilomètres de Libenge. Des rumeurs
propagées par des compatriotes réfugiés en
Centrafrique signalent la présence de troupes de
Kabila débarquées dans la capitale centrafricaine en
provenance de Kinshasa. L'étau semble donc se
resserrer sur le MLC ...
Appuyées par les bombardements aériens
aveugles de l'aviation gouvernementale, les troupes
FAC/Alliés provoquent l'exode de plus de 80.000
Congolais qui traversent I' Ubangui afin de trouver
refuge en Centrafrique et au Congo-Brazzaville.
Dans leur progression, les FAC commettent les pires
forfaits sur les civils qu'ils accusent d 'entretenir des
sympathies avec le MLC. A Dongo, plusieurs
83
URAnnex46
maquis dans l'est du Congo aux environs de
Kalcmie. Décidé à poursuivre sa lutte contre le
régime de Mobutu, Laurent Kabila avait sollicité
auprès du président ougandais un appui matériel et
logistique. Museveni est trop préoccupé par la remise
en état de l'Ouganda et décline la proposition de
Kabila. JI !;:Xplique au rebelle congolais que
l'Ouganda ne peut se permettre de lancer des
opérations militaires le long de sa frontière avec le
Congo étant donné la suspicion entretenue par les
voisins de l'Ouganda face à un nouveau régime
ayant pris le pouvoir à la suite d'une lutte populaire.
Certains leaders africains considéraient que
l'expérience ougandaise était un mauvais exemple
pour l'Afrique. Pour Musevcni, le président Mobutu
n'avait montré aucune hostilité contre son régime et,
à ce titre, il ne lui appartenait pas de s'ingérer dans
les problèmes internes d'un pays voisin. Toutefois. le
président Museveni propose à Laurent Kabila de lui
donner quelques armes légères à condition qu'il
trouve un moyen de les transporter officiellement à
travers la Tanzanie jusqu'à son quartier général situé
le long du lac Tanganyika, à la frontière du Burundi.
Cette condition oblige Kabila à obtenir l'accord du
président tanzanien Ali Mwinyi. Ce dernier s'oppose
au projet de Laurent Kabila. En conséqut.!nce,
Museveni refuse de donner les armes à la rébellion
de Kabila. En compensation, il lui alloue une
'\ modeste contribution financière et le recommande au
; président Kaddhafi au cas où la Libye serait
intéressée à lui apporter son soutien sans une
quelconque implication de l'Ouganda.
96
URAnnex46
sur le navire de guerre sud-africain Outeniqua en vue
d'une concertation finale avec Mobutu. Yoweri
Museveni invite Kabila en Ouganda afin de le
convaincre d'accepter cette invitation. Kabila
s'entête et refuse obstinément la négociation avec le
maréchal zaïrois. Au grand dépit du dirigeant
ouganda:is, Kabila s'entête et refuse de répondre à
une seconde invitHtion l!t, parvenant à le joindre par
téléphone. Yoweri Museveni trouve un rebelle
arrogant, brutal et criant dans le combiné de
l'appareil satellitair~.
la politique ougandaise de soutien aux :
luttes de libéra1ion
Les caprices et les sautes d'humeur de Laurent
Kabila n'auront nucunc: incidence sur le sort des
annes. En réalité, la rébellion congolaise est pilotée
par Je Rwanda. Après que les Banyamulenge,
assistés des troupes rwandaises, eussent capturé
Goma. Bukavu et Uvira. démarre un recrutement
massif de combattants c.:cmgolais issus des ethnies de
l'est du Congo. A mesure que l'enrôlement et la
formation se poursuivent, les troupes rwandaises
effectuent ! 'essentiel du travail sous le
commandement d'un jl.!une officier de !'Armée
patriotique rwandaise, James Kabarebe. Comme des
centaines de jeunes Rwandais, le commandant
rwandais avait été recruté et entrainé à l'école des
officiers de Jinja en Ouganda par les instructeurs
tanzaniens.
Depuis le début de la guerre en août 1996,
Yoweri Muscvl!ni ne cache pas ses appréhensions
quant au rôle actif joué au Zaïre par les troupes
101
URAnnex46
rwandaises dans les combats. A ses yeux, il était
préférable que le Rwanda se contente d'assurer la
fonnation militaire des combattants congolais. En
vain, il tente de convaincre Paul Kagame de retirer
ses troupes. Kabila ne dispose d'aucune force
capable de renverser Mobutu, excepté Je renfort que
lui appone l'Angola par le biais des « Tigres»,
anciens gendarmes katangais exilés depuis de
n9mbreuses années en Angola.
En réalité, la politique ougandaise se fonde
' sur l'expérience des luttes de libération successives
'-des rebeJJes du Mouvement de Résistance Nationale
contre Idi Ami et Obote. Yoweri Museveni a
toujours dénoncé le rôle joué en i978-J979, par la
,. Tanzànie dans son implication directe dans les
combats sur Je territoire ougandais en réponse â
l'invasion de l'Akagera par les troupes d'ldi Amin.
Pour lui. la libération du peuple ougandais devait
passer par le sacrifice et la lutte des Ougandais euxmêmes.
C'est pourquoi, lors de la seconde lutte de
libération qui conduit le Mouvement de Résistance
Nationale au pouvoir. i I privilégiera la lutte nationale
' à tout soutien extérieur. Cc n'est qu'à quelques
semaines de la chute de Kampala que Mwalimu
. Nyerere lui apportera un soutien logistique
significatif.
Dans son soutien au FPR, Y. Museveni nt!
dérog~ra pas â la règle qui a forgé le succès de son
... ·~ouvement en· Ouganda, à savoir une totale
; autonomie des forces de Paul Kagame. L'Ouganda
n'investira aucune troupe combattante dans des
combats directs au Rwanda sauf dans des actions
visant à répondre aux bombardements des
populations civiles par les éléments du général
:· Habyarimana. Une position identique sera adoptée
:. par Je gouvernement ougandais dans son soutien à la
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affaiblir Kabila. En dépit du caractère séduisant de
cette proposition, ils vont donc se limiter à rester
proches de Kabila en se contentant de lui prodiguer
des conseils sur la marche à suivre.
Yoweri Museveni qui n'est pas intéressé à
jouer le rôle de «conseilleur», décide de prendre ses
distance à l'égard du vieux maquisard. Après la
chute de Kinshasa, Museveni maintiendra son
attitude, craignant que ses avis et conseils ne soient
considérés comme une interférence dans les affaires
internes du Congo .. .
L'Ouganda se limitera à envoyer au Congo
des instructeurs pour la constitution d'un corps de
police entrainé aux techniques de combat.
Jusq·u·en 1998, V. Museveni gardera cette
attitude distante ne délaissant cependant pas l'idée de
voir les Congolais se retrouver autour d'une table
pour dégager un consensus sur la reconstruction de
leur pays.
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Undekane et ses hommes.
Rien ne va plus entre les cousins
En signant l'accord de cessez-le-feu de
Lusaka, Yowcri Muscveni maintient la ligne
diplomatique affichée le 18 avril 1999 à Syrte en
Libye. Habile tacticien, l'hôte du colonel Muammar
Kaddhaffi était parvenu à négocier le retrait des
troupes tchadiennes d'[driss Deby, trop heureux de
se dégager du bourbier congolais. Près de 800
Tchadiens ont été sacrifiés dans la jungle congolaise.
L'accord de Lusaka confirme le retrait de toutes les
troupes étrangères du territoire congolais à ceci près
qu'elles se transformeront en ... gardiens de la paix
avec mission de désarmer les bandes armées qui
sillonnent le pays. " Si les Congolais l'eulent
composer avec Kabila. tant mieux. s'ils ve11/ent
continuer ci se battre, rien ne les en empêche non
plus » affirme Yoweri Muscveni. Ses troupes
apportent à mes combattants, qui progressent dans le
Nord du Congo en direction de Mbandaka, un
soutien en terme d'artillerie et de logistique.
L'Ouganda a retiré son appui aux forces du
RCD/Goma pour se concentrer sur la Province
Orientale et l'Equateur. Les divisions internes au
sein du RCD ont favorisé ce retrait ougandais.
Officiellement, Yoweri Museveni refuse de
cautionner la logique du coup d'Etat qui a permis
l'éviction de Wamba au profit d'Emile Ilunga. En
réalité, en apportant son appui à la faction du RCD
établie i\ Kisangani, l'Ouganda se démarque de la
ligne dure du vice-Président Paul Kagame et joue
après la ca11e militaire du MLC, celle de l'ouverture
politique conduite par Ernest Wamba en direction de
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. . . ,.. ·.·"'
Kinslrnsa . « Entre les c: 011si11s rwe1ndail· c: I
ougtlnduis rien ne va plus ! » déclare un diplomate
occidental.
En termes militaires, alors que le Rwanda vise
les mines de diamant du Kasaï et tente d'établir une
ligne de froi:t de près ~e 2.000 kilomètres entre le
Katanga, le Kasaï et la Province Orientale. les
instructeurs ougandais qui encadrent mes hommes
concentrent toutes leurs forces sur les rives du fleuve
Congo. Avec le délabrement de l'ex-Zaïre, l'axe
fluvial demeure la véritable colonne vertébrale
économique de la ROC. Le brigadier général James
Kazini est c~argé de l 'Opera lion Sajè Haven, nom de
code donné à Kampala à l'expédition congolaise.
Sous un aspect débonnaire, l'homme est habile et
\expérimenté. li assure également à Kisangani la
protection physique d'Ernest Wamba et de son petit
groupe. Sur le plan diplomatique, la signature de
, l'accord de cessez-le-feu par Je MLC soulage
Kampala accusé d'entêter la rébellion congolaise
dans la logique de conquêtes militaires. En réalité,
Kampala poursuit plusieurs objectifs à court et
moyen terme. Le gouvernement ougandais veut
empêcher tout nouvel assaut des rebelles ougandais,
ADF, NALU, ~NBF et autres réfugiés dans les
montagnes congolaises. Une kyridle de mouvements
armés menacent en permanence les frontières
ougandaises. Dans le conflit congolais. plus de 2.000
hommes formés au Soudan sous les ordres du
commandant Taban, Je fils d'Jdi Amin Dada, seraient
prêts à porter secours aux troupes défaites de Kabila.
J'accuse Karthoum d'épauler Kabila dans les
bombardements et la formation de terroristes
katangais. Derrière la crise congolaise se cache bel cl
bien une autre guerre, celle du Soudan, dans laquelle
108
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J.
apaisées par le représentant des Nations-unies,
! 'ambassadeur Dinka, qui confirme qu ' il faudra
attendre neuf mois au mieux avant qu'une force des .·
Nations-unies soit opérationnelle en RDC. Ce délai
me parait long, trop long pour les milliers de
compatriotes qui sont exposés aux exactions des
miliciens Interahamwe.
Dans l'Equateur, dans le Sud et le Nord-Kivu,
des villages entiers ont été détruits par les
extrémistes hutus, des familles entières ont été
brûlées vives dans leur maison. En remettant à
chaque délégation les enregistrements vidéo des
charniers et des preuves accablantes des exactions
commises par les génocidaires rwandais, je fais part
des témoignages des habitants d' A buzi, de
Mozamboli. de Zongo.
Après Haby.irimana et Mobutu, c 'est au tour
de Kabila d 'ëtre mis sur la sellette à cause des
Interahamwe. A plusieurs reprises, nous avons capté
les communications radio entre les bataillons
interahamwe et l'état-major de Kabila. Je fais pa11 de
mes préoccupations et exige que la commission
militaire mixte s 'occupe immédiatement de la
neutralisation et du rapatriement des milices
rwandaises dans leur pays. << Les lnteraltamwe sont
plus de trcnrc mille sur IC' sof congolais à combattre
aux cô1és des FAC comme une véritable armée
parallèle, voilà le noeud du problème» renchérit
Bizima Kahara qui s'étonne de voir Je Zimbabwe
exiger une force des Nations-unies pour désarmer les
extrémistes hutus et les groupes arn1és. « Avec ou
sans ma11dar des Nariuns-u11ies nous désarmerons les
lnteraltamwe >> conclut J"ambassadeur rwandais
Gasana.
Après plusieurs nuits de négociations ardues,
Ja délégation zimbabwéenne conduite par le ministre
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1.-,~ ..
·-
contrôlés par le professeur Wamba entre les deux
mouvements. En réalité, le chef de l'Etat ougandais
envisage le retrait progressif de ses troupes. Des le \
14 juillet, dix jours après la chute de Gbadolite. il se
félicite devant ses· hommes des résultats obtenus.
«Désormais. les Soudanais ne peuvent plus disposer
de bases arrières au Congo. Nous avons fait notre
travail. Si les Congolais veulent poursuivre la
guerre, c'est leur affaire. Si Bemba veut négoder,
c'est son choix. Nous demeurons des alliés et 11011s
l'aiderons» leur dit-il. Dans le camp des soldats de
l'UPDF, c'est l'euphorie. Tous envisagent la
perspective d'un retour irruninent au pays.
Pour tous les cadres du MLC qui ont assisté à
cette harangue et pour nos officiers, cette journée
marque un tournant important dans la guerre de
libération. Dorénavant. les troupes ougandaises ne
combattront plus en ligne de front. En se dégageant
: \ définitivement de la lutte, l'Ouganda nous laisse Je
choix entre l'usage des armes ou la négociation.
Signataire de l 'Accord de cessez-le-feu de Lusaka.
Yoweri Museveni est désormais sous la lunette de la
communauté internationale et ne peut violer ses
engagements sous peine de se voir définitivement
isolé sur le pian international.
Du burlesque à lu tragédie
La guerre de positionnement entre les deux
ailes du RCD à Lusaka accentue le différend entre
. l'Ouganda et le Rwanda. Si le professeur Wamba se
prévaut de défendre l'école des démocrates et
·s'insurge conu·e le putsch du 19 mai 1999 qui l'a
. renversé, l'école militariste du RCD/Goma fourbit
· ses armes. Les divergences entre le RCD/Kisangani
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D:111:- l:1 s0ir~c.> du S _ian,·ier .::!000. en:
.:ùmpa.gn;e ~-ë;-;-;~ .:: \1:~:.~:.;. ~= ,;E:;-;~;~ llungâ. nous ·
abordons les points importams sur ! 'avenir de nos
mouvements. Parmi les préoccupations, la position
de l'Angola focalise notre attention. Une rumeur .
persistante fait état de la présence de troupes de
l'Unita dans le secteur du Mouvement de Libération
du Congo. Je confirme à mes interlocuteurs
l'absence totale de tout rebelle angolais dans nos
rangs. En réalité, il apparait que les services de .
renseignement angolais disent avoir découvert à ·
Baïlundo une lettre que j'aurais rédigée à l'attention
de Jonas Savimbi. Bien entendu, cette lettre non
signée et rédigée en portugais constitue un montage
grossier. Par ailleurs. Emile Ilunga relève également
que les autorités de Luanda propagent des fausses
informations selon lesquelles des réunions auraient
été organisées à Bukavu et à Ouagadougou entre
l'Unita et Je RCD. De toute évidence, l'Angola se
pose en obstélcle de toute avancée de la rébellion.
J'exhorte Ernest Wamba et Emile Ilunga de ne pas
prêter le flanc à 1 • intoxication des services angolais.
Pour W:nnba, outre les relations supposées entre le
MLC et l'UNIT A. dans leur ensemble, les autorités
angolaises refusem de discuter avec les mobutistes.
Au cours de cette même soirée. nous abordons
les question!': d'ordre ci1plomatique et sécuritaire.
Emile llunga s'insurge de l'incapacité de la
Commissi0n Militaire Mixte qui siége à Lusaka de
prendre la mesure de la situation et des multiples
violations du cessez-Je-feu perpétrées par les troupes
de Kabila et les forces zimbabwéennes. Le général
algérien Lallali, chef d'Etat major de la Commission
militaire mixte. est loin de trouver grâce aux yeux du
président du RCD. ,< Commen: voulez-vous que la
commtmmttl: i111c:rnaricmale s'implique et fi11a11ce la
137
. -.. ·. . . . . , . : . ,. ··:·-: ·•· ...
Commis.'iion milùaire mixte quand son cu111111t111da111
en chef exige un salaire mensuel de 5 O. 000 Vs
dollars?» s'interroge Ilunga. Sur Je plan de l:i
préparation du dialogue intercongolais. le RCD
oppose un refus catégorique à une co-facilitation
confiée à la communauté italienne San Egidio.
· Après avoir évoqué les mesures pratiques en
wc de la libre circulation des personnes et de leurs
biens dans les territoires administrés par lei.
mouvements, nous nous convenons de mettre en
place un comité politique chargé de proposer les
grandes lignes politiques du front commun et de
préparer l'agenda des prochaines rencontres du
forum. Une corrunission militaire mixte sera mise sur
pied afin d'étudier la possibilité de mettre en place
un Etat-major combiné des forces des mouvements
de libération. Pour la première fois depuis le dèbut
de la gue1Te, une dynamique prend corps et les trois
mouvemcnis .~c.mblent converger sur Ja même voie,.
Fin janvier, les techniciens du MLC, du RCD et du
RCD-ML se retrouveront en Ouganda, dans le centre
de formation de Kyankwanzi, afin d'élaborer le
programme politique de la rébellion.
· 138
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9.
LES DRAMES DE L'EST
Climat de terreur et de violence
Ces dix dernières années, la terreur et la
violence règnent dans les territoires de l'est du
Congo. Le génocide de plusieurs centaines de
milliers de Tutsi et l'exode massif de près de deux
millions de hutus rwandais dans l'ex-Zaïre ont jeté le
Kivu dans la tourmente. Aux problèmes de
surpopulation et de pauvreté s'est ajoutée
l'importation sur le sol congolais des années défaites
et des milices génocidaires interahamwe. Face aux
drames du Rwanda, la communauté internationale est
tétanisée. paralysée par un sentiment de culpabilité
de n'avoir pas pu empêcher le génocide.
La présence de plusieurs dizaines de milliers
d'extrémistes hL-(us rwandais et burundais assistés et
appuyés par les autorités congolaises va justifier
l'intervention musclée des troupes rwandaises et
ougandaises aux côtés de Kabila et de l'AFDL. Au
cours des sept mois qui les conduiront au pouvoir,
les troupes de Kabila et de Paul Kagame sont
accusêes par ln commun;n1té internationale d'avoir
massacré plus de 200.000 hu1us. Joseph Kabila, à
l'époque porte-parole de l'AFDL à Kisangani et
présent lors de la découverte des charniers, a cité
récemment un chiffre beaucoup plus important.
La communautè internationale interpellée
initie une enquête internationale qui échoue devant le
refus obstiné de Kabila de collaborer.
La prësence rwandaise est mal acceptée par
les populations congolaises du Kivu qui jugent les
139
• Tutsi arrogants et dominateurs. A la recherche d"une
· '. popularité de plus en plus précaire, Laurent Kabila se
, 'débarrasse brutalement de ses amis Tutsi. Il dénonce
les accords qui Je lient avec ses anciens alliés.
portant notamment sur la sécurité des frontières et
sur la neutralisation des génocidaires hutus.
Le 2 août 1998, une mutinerie instiguée par le
Rwanda, met à nouveau Je feu aux poudres à Gama.
Bukavu et Uvira.
Adossées aux frontières du Rwanda, les
populations du Kivu vivent depuis 1996 dans le
cycle de la violence et du spectre de l'empire hima.
En réaction à la grande peur d'une annexion des
territoires par Je voisin rwandais, le Kivu se ligue
contre l'occupation des troupes étrangères. Faute
d'un leadership politique éclairé, les minorités
ethniques qui se sont senties marginalisées ou
victimes de l'exclusion et de l'arbitraire, trouvent des
· , modes d'expression de plus en plus violents au fur et
·~ mesure de la dégradation des conditions socioéconomiques.
L'afflux de réfugiés venus du Rwanda
et du Burundi a comme conséquence une floraison
de milices locales connues sous les noms de Ngilima,
Katuku, Mayi Mayi ...
La réponse brutale des autorités se traduit par
un enchainement inf emal de violations des droits de
l'Homme. La société civile du Kivu se dresse· en
bouclier pacifique des populations. Elle est devenue
un adversaire redoutable pour les autorités politicoadministratives
du Kivu et un acteur majeur dans la
recherche d'une solution de paix dans l'est du
Congo.
140
:.
.' ., .
.J·
J
.\
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le Commissaire politique James Waphakabulo son1
chargés de conduire la nouvelle politique de
l'Ouganda. Début janvier, les rebelles congolais sont
invités à se rendre à Kampala afin de s'entendre sur
l'unification des mouvements. Les échéances
électorales ougandaises placent les leaders du RCD
devant une obligation de résultat. Aucun d'entre eux.
au.grand dam des activistes ougandais pro-Mbusa, ùe
peut se permettre d'hypothéquer les résultats
attendus de la négociation.
Les acteurs
Les précédents fâcheux rencontrés au cours
des trois années précédentes avec les responsables du
RCD/K m'incitent à la prudence. La réunification
des mouvements soutenus par 1 • Ouganda me parait
inéluctable et j 'en mesure tout le bénéfice que les
populations des territoires du MLC et du RCD/K
pourraient en retirer. De Kanyabayonga à !messe, en
passant par Beni. Bunia, Isiro, Buta, Bumba, Lisala,
Gemena, Gbadolite, Zongo, Libenge, Dongo et
lmesse, plus de 15 millions de compatriotes établis
sur une é1endue de près de 800.000 km2 pourront
disposer d'une seule administration et d'une même
armée. Ce challenge prëfigure à mes yeux ce que
pourrait être la réunification attendue par tous les
Congolais de leur pays.
A Gbadolite, la perspective d'une
réunification avec le RCD/K n'enchante pas les
cadres politiques. Un contentieux lourd les oppose
aux leaders de l'est qui n'ont pas hésité à traquer les
partisans du MLC, à les arrêter et à détruire les
représentations ouvertes à Beni et Bunia. Parmi les
nêgociateurs, outre Olivier Kamitatu, se joignent à
156
. ·1
1
~:
r remettre ù l:1 justice internationale les auteurs des
massacn.:s. L'I neu1ralis-:r tous les c1Yils congolais
illégalt:ment .i:·més.
Lors de la réunion du comité politique qui
s'est tenue lin septembre .i Kigali, j'ai instruit les
délégués du MLC. Valentin Senga et Justin
Kangundu. de défendre la <.:onstitrnion de cette force
congolaise mixte. La proposition du Mouvement
trouvera l'appui du RCD et de l'Angola. Par contre.
le gou"rnh:tnenl d~ Kinshasa. le Zimbabwe el le
Rwanda:-. ·nppos~r0nt ù t:crte ouveriure ver~ la paix
et la sécurisation litt Congo et de ses frontières.
Désormais. clans la sortie de crise. un axe s'est
dessiné entrl! les deux visions de l'avenir du Congo.
L'une atrachée a lïntt!rêt général. :'l lïndépendance
et â la SllllVL'r.ti11cti:. 1 ·au1rc it la <.:llmprnmission. à la
servitude el au bradage du patrimoine national par
les étrangers.
Le.· pi If age des ressources du C 011go
F~1ussaire, pillard. brigand. et malandrin, telles
sont les <.:ondusions que tout observateur neutre et
imparti:.il tirerai! de ma personne à la lecture du
rapport n:digè p:1r l'ivoirienne Safütwu 8~1-1',;'Daw.
chargée p~,r k S1::,r:!t;1ire général cks Nations Unies
de dirigl.!r ltt1 grottpL· d'cxpert5 sur le pillage des
ressoun.:cs 1wturclks ùu Congo par les belligérants.
Le pand rnnduit par Safiatou était composé d'un
américain, Mel Holt. un Suisse. Henri Maire, et de
deux afric;1ins. un Camerounais, François Ekoko, et
un Sénégalais. Moustnph::i Tall.
Décide à en dëcoudre avec les autorités
rwanclaisl!~ l!I l't1~:111daises. le panel d'experts s'est
exclusivement orientê vers la recherche de tous les
indices qui .inesrent une e~ploitation des richesses
,.
l
1
1
!
!
!
1
URAnnex46
..
naturelle~ du Congo par les<• <1!:Jres.wurs ». D.in:; ses
recherches. les experrs om te111ê de démontrer que les
armées ougandnises. rwandais:!s, du RCD et l'Année
d~ Libëration du Congo ont partic ipe a un vérit.iblc
hold-up. Au cours de la premiàe année du conflit,
les bell igéranrs auraient systêmariquement procédé :'t
la confiscation et le pillage pur et simple des banques
et des richesses locales. la deuxième année aurait è1é
mise 5 profit pour une exploit:nion plus durable d6
ressow=ces à travers b :-i~n,11urc de cüntrats avec des
opérateurs prives. Des sociétés foresrières. des petits
exploitants miniers. des commerçams auraient reçu
·des aLttorîcés du RCD ec du RCD-M L des
autorisations en vue de t·exploirntion du bois. du
coltnn. de l'or ec du diamant. Les données
statistiques disponibles au R w:rnd i.1 et en Ouganda
font état d'exportations réguliéres de matières
premières extraite~ du sol congob1s.
Selon ce document. diffusé a large échelle
avant son adoption par les l\::itions Unies. mon
implication directe dans le pillage des ressources
du Congo est avërée. Madame Safia.tou et les
experts 0111 relayë une série de rumeur5
fant;t isistes ayant trait à la fa brication de fausses
monn::iies dans les terriroires MLC. au nettoyage
des banques commerciales de l'Equateur. uu
vol du cafè des entrl!pôts d'une compagnie privée
de Gemena et fl l'utilisation d'enfants-soldats
dans des carrières de diamant. La volonté
délibérée de nuire est tellement manife~te que
le panel d'experts n'a pa.s pris la peine d'apporter
la moindre preuve des allêgations relayées
dans son rapport. Au lieu de s·:macher à démont::!r
les mécanismes évenruels d'exploitati\111
frauduleuse. ou de rechercher des preuves
tangibles de tous les foies mis à ma charge.
11S
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T~.·E,.. ~E.PU BLIC OF U~~*Jki T RUE~ THE COMPANIES ACT 11. . '(t.S,j~pG I Jt
SPECIAL RESOLUTION ~
REGlSTRAR OF COMPANIES
KAMPALA
AT THE EXTRA ORDINAR Y GENERAL MEETING OF THE BOARD OF
DIRECTORS OF MIS DARA GREAT LAIOES (INDUSTRIES) LIMITED
HELD AT THE COMPANY'S HEADQUARTERS IN KAMPAL
0
A ON THE
18TH DA Y OF OCTOBER 1999 RESOL VED BY SPECIAL RESOLUTION:
1. Thal the Company do open and operate a Bank Current Account with
Standard Chartered Bank in Kampala, Uganda.
2. That Miss. Pranee Chanyullasart be the only signatory 10 the said Bank
Account.
3. The Registrar ofCompanies be accordingly notified.
DATED at KAMPALA this ..... .l..K~ day of.. .......... ~ .......... 1999.
WE CERTIFY that the foregoing is a true extract from the minutes of the BoMd of rn,~,:~ moet;J: T~8•tt%ctobu, ~:
CHAIRMAN
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URAooex37
URANNEX47
CMl.com. world > africa ~~.
. '
Cl ick.~~ ' , -~-
a r~g,or. "'·
Editions I myCNN I Video I Audio I Headline News Brief I Feedback
Congo parliament OKs Kabila's son as
president
January 24, 2001
Web posted at: 2:02 p.m. EST (1902 GMT) ~ WEB EXCLUSIVE
ln this story:
Joseph Kabila a mystery
Diplomats Qplimistic
RELATEO STORIE_$, SITES_ ,Il
From staff and wire reports
• Catherine Bond: Tense
transition ln Kinshasa
KINSHASA, Congo (CNN) --The Democratic Republic ofCongo's
parliament met on Wednesday and wianimously approved 31-year-old Gen.
Joseph Kabila to succeed his father, Laurent Kabila, as the DRC's president.
"We consider this day Major General Joseph Kabila is invested with al!
constitutional powers," said the motion, approved by all 245 members
present.
The younger Kabila was named acting president after bis father's
assassination last week, and later tapped to replace him by the slain
president's inner circle.
He was expected to be sworn in on Thursday, a day later than originally
planned.
The parliament also passed a resolution naming Laurent Kabila a national
hero.
URAnnex47
Joseph Kabila led ail moumers on Tuesday at his father's funeral, which was
attended by the leaders ofthree nations backing the DRC government's twoyear
battle against rebel forces backed by Uganda and Rwanda.
Kabila's swearing-in will corne amid intensified efforts to end the civil war
that has pulled six African armies into a struggle for the mineral-rich DRC.
The United Nations Security Council bas
organized a meeting of foreign ministers of the
nations fighting in the DRC to push forward
the peace process, a U.N. official said on
Tuesday.
After Laurent Kabila's assassination last week,
the United Nation's Security Council bas
organized a meeting of foreign ministers of
nations fighting in Congo to push forward the
peace process, a U.N. official said on Tuesday.
Joseph Kabila a mystery
Kabila, a 31-year-old major general wbo
commanded his father's army, was picked by
the govemment as Congo's new leader Jast
week after Laurent Kabila was shot and killed
by a bodyguard while he sat in his office.
Kabila bas yet to make any public address and
it is a matter of intense speculation when he
will and in what language. Raised in East
African exile, he speaks much better English
and Swahili than the French and Lingala of the
capital.
An even bigger task will be finding a way to
end the war against the backdrop of an upsurge
of nationalism spurred by his father's death.
The Security Council session is expected to take place on February 21 and 22
in New York among the countries involved in the many-sided war,
spokesman Fred Eckhard told reporters.
Diplomats optimistic
Congo bas known little peace since the eider Kabila toppled veteran dictator
Mobutu Sese Seko at the end of an eight-month bush war, rebaptizing the
former Zaïre to try to eradicate memories of three decades of decline and
corruption.
Diplomats have told CNN, however, that they expect Joseph Kabila, as
president, to press for the implementation of a peace accord his father
thwarted. If that happens, the U.N., which already has military observers in
the Congo, will be able to deploy peace keepers tbere.
Kabila's swearing-in cornes one day after Laurent Kabila was buried. At
Monday's funeral, Joseph Ka bila met the presidents of Zimbabwe, ~
and Namibia, his father's allies in the war since 1998 against rebels backed by
the former friends in Uganda and Rwanda wbo helped bis father take power
in 1997.
The figbting bas raged on in the former Belgium colony despite a 1999 peace
deal in the Zambian capital, Lusaka. lt called for an end to the fighting and
dialogue monitored by the U.N. to ensure a ceasefire.
"Belgium thinks that we have to go back to the spirit and letter of the Lusaka
accords," Belgian Foreign Minister Louis Michel said in Kinshasa after
attending the funeral and meeting Joseph Kabila.
"The signa tories must define a cormnon interpretation of these accords.
Dialogue between Congolese must take place without preconditions for
anyone," be said.
Meanwhile, the son of the late Congolese dictator Mobutu Sese Seko said
Tuesday that Laurent Kabila's death opens new avenues to reconcile the
factions fighting for control of the vast nation.
"The passing ofMr. Kabila, aside from the sadness for bis farnily, is bringing
new opportunities for the country in terms of(building) a consensus," Nzanga
Mobutu said in an interview. "We have to go ahead now with a national
dialogue."
He called on the soon-to-be president to open up talks that would end the
country's civil war, bring in opposition figures and eventually lead to
elections.
"We're from the same generation. I wish he would answer this appeal for a
new generation to work a change." be said. "There are a lot ofyoungsters
who would like to have arole in our political life.11
CNN Correspondent Catherine Bond, The Associated Press and~ contributed
to this report.
URAnnex47
URAnnex48
•
United Nations
Security Council Distr.: General
14 March 2001
Original: English
URANNEX48
8120011224
Letter dated 14 March 2001 from the Chargé d'affaires a.i. of the
Permanent Mission of Uganda to the United Nations addressed to
the President of the Security Council
J have the honour to refer to the letter from the Chargé d'affaires of the
Permanent Mission of the Democratic Republic of the Congo to the United Nations
addressed to the President of the SecuritY. Council dated 26 February 2001. The
letter appeared as Security Council document S/2001/174 of 27 February 2001.
1. We have noted with great relief the stated assurances given by the Govemment
of the Democratic Republic of the Congo to fully respect the relevant provisions of
Security Council resolution 1341 (2001) of22 February 2001. We have also noted
the apparent change by the same Govemment in that it has agreed to enter into
internai dialogue with the various political groups in the Democratic Republic of the
Congo as well as to accept the Facilitator, Sir Ketumile Masire, as provided for
under the Lusaka Ceasefire Agreement.
2. However, there are certain issues raised by the Chargé d'affaires in his letter
which cannot pass unchallenged because, not only do they give the wrong
impression, they appear to be deliberate distortions.
3. Security concems of neigbbouring countries: The Chargé d'affaires confuses
the reason why the neighbours of the Democratic Republic of the Congo bave
security concems. The issue is not that the Govemment of the Democratic Republic
of the Congo is to be held responsible for the "internai arguments" of its neighbours,
but that what the Democratic Republic of the Congo bas done/is doing with the
armed groups who have gone into the Democratic Republic of the Congo and used it
as a base to cause "insecurity" for the neighbouring countries. Allow me to refer to
the report of the Secretary-General of 17 January 2000 (S/2000/30, para. 74), in
whicb the Secretary-General clearly identified one of the root causes of the problem
in the Democratic Republic of the Congo: "lt is evident that the problem of the
anned groups ... is a key factor in the conflict in the subregion, since it underrnines
the security of ail the States concerned". 1 wish in particular to draw the attention of
the Chargé d'affaires to the Secretary-General's conclusion: "It is essential to
resolve this question in order to establish a lasting peace".
4. (a) On respect for human rights: Herc again it is clear that the Chargé
d'affaires of the Democratic Republic of the Congo is not being honest. The Special
Rapporteur on the situation of human rights in the Democratic Republic of the
Congo does not exonerate the Government of the Democratic Republic of the Congo
from human rights violations in that country. What is clear is that respect for hwnan
rights in the Democratic Republic of the Congo should be universal and not
selective.
01-28696 (E) 150301
11111111111 ~I IIU 1111111
S/2001/224
2
(b) HIV/AIDS: There is no evidence that HIV/AIDS has only increased in
occupied provinces. This is a fallacy. It is weH known that the prevalence of this
disease is a major problem and a preoccupation of our continent. It is not a "direct
result of the aggression against the Democratic Republic of the Congo" as the
Chargé d'affaires wants us to believe. Nor are matters belped by obfuscating issues.
(c) Hema/Lendu cooflict: Uganda is accused of direct involvement in the
outbreak and continuation of inter-ethnie fighting between the Hema and tbe Lendu.
Again the Chargé d'affaires is not being honest about the history of bis country.
What are the facts? Uganda bas done its best to stop inter-ethnie fighting, pacify the
affected areas and unite the various groups in the Democratic Republic of the
Congo, historical rivalry between Hema and Lendu notwithstanding. The SecretaryGeneral
acknowledged Uganda's positive role in his report on the United Nations
Organizat:ion Mission in the Democratic Republic of the Congo (MONUC) of
12 Februa.ry 200.1 (S/2001/128, para. 27): "Since 22 January 2001 MONUC military
observers in Bunia have reported the situation in town to be tense but with the
Ugandan People's Defence Force (UPDF) in effective control."
(d) Recruitment and deportation of Congolese children to Uganda: Contrary
to what is written, the truth is that following the outbreak of the recent ethnie
fighting in Bunia, about 600 people, including children, were airlifted to Uganda.
This was at the request of parents and Congolese authorities. The children (163)
have since been handed over to UNICEF - on 22 February 2001. The Minister for
the Presidency handed them to UNICEF, UNHCR and Save the Children, for
settlement. It is again on record that the United Nations applauded Uganda for this
in the UNICEF statement issued in New York in February 2001.
S. I will oot comment on paragrapbs 8 and 9 of the letter, because the United
Nations Security Council is fully seized of the malter and is aware that the
Govemment of Uganda bas been and continues to be very cooperative in every
respect.
6. I wish to take this opportunity, however, to assure the Security Council and the
international community at large, that Uganda is cornmitted to peace and stability in
the subregion and that it bas spared no effort in the search for a lasting solution to
the conflict in the Democratic Republic of Congo. As a signatory to the Lusaka
Ceasefire Agreement, the Kampala Disengagement Plan and the Harare sub-plans
for disengagement and redeployment of forces, Uganda shall not tire of calling upon
ail the parties to the Lusaka Process to honour tbeir obligations under the Lusaka
Ceasefire Agreement. It is against this background that my Govemmeot warrnly
applauds the dialogue between the parties to the Lusaka Process and the United
Nations Security Council held from 20 to 22 February 2001. We rernain hopeful that
both sides to that dialogue and its outcome will deliver on the commitrnents
undertaken.
7. I should be gratefuJ if you would bring the present Ietter to the attention of the
members of the Security Council and have it circulated as a document of the
Couocil.
(Signed) Daudi M. Taliwaku
Ambassador
Deputy Permanent Represeotative and Charge d'affaires a.i.
URAnnex48
URAnnex49
......
... '
RESPONSE
BY THE GOVERNMENT OF THE
REPUBLIC OF UGANDA
TO
URANNEX49
THE REPORT OF THE UN PANEL OF EXPERTS ON THE
ILLEGAL EXPLOITATION OF NATURAL RESOURCES AND
OTHER FORMS OF WEAL TH OF THE DEMOCRA TIC
REPUBLIC OF THE ÇONGO
STATEMENT BY HON. AMAMA MBABAZI
MINISTER OF STATE FOR FOREIGN AFFAIRS, IN CHARGE
OF REGIONAL CO OPERATION
TO
THE UNITED NATIONS SECURITY COUNCIL
NEW YORK
3RD APRIL, 2001
'
1,.
The President of the Security Councll,
The Secretary Gene rai of the UN;
Members of the Securlty Councll,
2
lt is an honour for me to address thls important meeting of the Security Council on the final
report of the UN Panel of Experts on the Ille gal Exploltatlon of the Naturel Resources of the
Oemoçratlc Republic of the Congo (DRC). 1 am particularly happy ta see the presidency of
, the United States once agaln taking intereat ln the search for a lasting peace ln the Great
Lakes Region. We can only assure you of our readlness to render Uganda's full
cooperation to enable you achieve this noble objectlve.
Mr. President, allow me also to express Uganda's gratitude to the Gavernment of the
United Kingdom of Great Brltaln for the able leadership of Her Majesty's distinguiahed
Permanent Representatlve, Sir Jeremy Greenstock durlng his presidency of thls Council
laat month when all the ground work for this meeting was done.
We are most obliged to all the members of the Securlty Councll for the onerous task of the
maintenance of international peace and security you render to the world an behalf of the
,, UN.
2. The Government of Uganda welcomes the release of the Report of the UN Expert Panel
on the illegal exploitation of naturel resources and other forms of wealth of the DRC. 1 wish
to thank the Securlty Council for givlng us the opportunity to respond to the contents of the
report.
3. 1 present to yau Uganda's response to the report. The response covers all the
allegatlons contained in the Panel'& report and I am unable in the short time availabte to
URAnnex49
.....
3
me to present it verbatim. 1 urge Your Excellenciea to study lt ln its entlrety in order ta fully
underatand Uganda's position. Allow me Mr. President, ln the short time I have, ta give yau
a tew hlghllghts of thls respanse. The response is under three main headings:
(a) Uganda's position on the investigation of the illegal exploitation of the natural
resources of the DRC;
(b) Comment on the contents of the report ltsetf and especiatly the quality of
evidence presented by the UN Expert Panel, and
@ The Way Forward .
Uganda'a Position On The Investigation
4. 1 am sure that you ail recollect the support Ugande and President Museveni personally
gave last year to the proposai to eetabllsh a panel of experts to investigate the ellegations
of illegel exploitation of resources of the ORC. The Government of Uganda rendered
maximum cooperation to the panel when lt vislted Kampala. We did all this beceuse we
believed that it was ln the lnterests of promoting peace in the O R Congo that ait that is
being done ln that country is above board. Uganda stlll firmly holds that vlew today. lt is in
. that context that we welcomed the retease of the Panel'& report .
... 5. The report of the Panel ralses important Issues ta be lnvestigated which are of interest to
Uganda. ln 1998 Uganda and Rwanda had heerd of some allegations leveled against
.. ome of our officers ln the Congo and at a summit held ln Kampala on October 14, 1998, it
was decided that the matter be investigated. A joint Ministerlal Probe Commi~ee_ which 1
was privileged to co-chalr was set up among other things to investigate these allegations. tt
was es a result of those .allegations that President Museveni, in hls capacity as the
Commander-ln-Chief issued an order dated 5 December 1998, ta all Ugandan troops in the
ORC and government officiels prohibiting them and their relative& from engaglng in any
trade ln the . Congo. lt was elso made clear thet officers vialating the UPOF Code of
Conduct would face dlsciplinary measures. lt may be of lnterest to this Council to know that
URAnnex49
.....
4
since then indeed disclplinary measures have been taken agalnst some members of
Uganda People's Defence Forces who acted in breach of thls order.
6. Uganda has taken note of the Panel's serious allegations that although the Uganda
Government ls not lnstltutlonally involved (para 7, 85), top Ugandan military officers and
civilians are lnvolved in the illegal exploltatlon of naturel resources in the DRC.
7. This ls the first time allegations of illegal exploitation have been speclfied arid we
welcame the opportunity to brlng these matters to rest. ln the case of the military officers
and civilians mentloned ln the Report and the Forestry Department alleged to have
colluded with private companies in a scheme to facilitate the certification of timber from the
DRC (para 51 ), 1 am happy to lnform the Security Councll that the Government of Uganda
has decided to establlsh a Commission of Enquiry ta investlgate the allegations raised in
the report and report to Gover11ment for approprtate action. This sha/1 be an lndependent
commission which shall conduct the lnquiry in an open and transparent manner. The
composition of the Commission will be announced shortly ln Kampala.
Comment on the Report
--. 8. Uganda, however, finds very serious problems wlth the Panel's report. The report suffers
from fundamental flaws in the lnterpretation of the Panel's mandate and presents
extremely poor and unreliable quality of evidence. Uganda finds the Panel's unwarranted
attack on the per$on of President Museveni despicable and totally unacceptable.
Fundamental Flawa
Oefinition of 11/sgality
URAnnex49
'
5
9. The Panel ln para 15, claimlng that lt based itself on the lnterpretation of the term by the
Security Council, interpretes lllegality to mean that all actlvitles whlch took place in Congo
without the consent of the Government in Kinshasa are illegal. Of course this is incorrect. If
Council had wished to give that interpretation, then there wou1d have been no need to carry
out any Investigation since everybody ln the world knows that the Kinshasa government
controls only about 40% of the terrltory of Congo and the rest ls under the contrai of rebel
groupa. The so called legitimate government is not in any position to give 'consent' to
activities in areas lt does not contrai.
10. This ir.terpretation whlch the Panel says "suggested that only non-lnvlted forces end
their nationals are carrylng out lllegal ectlvltles in the" DRC le on1y in Northem and Eastern
Congo ls contrary to the actual mandate of the Security Councll which wes that
investigation shou1d cover the whole of DRC. However this unfortunate lnterpretation of the
term led to the onesldedness and bias in favour of one side of the conflict in the Congo that
is abundantly reflected ln the findlngs of the Panel throughoÙt the report. The Panel
"deems illegality to be the carrying out of an actlvlty ln violation of ... regulations" of the
Government in Kinshasa (see para 15). This leads to the Panel's erroneous position of
declaring atl activities in are as controlled by the rebels lllegal and explains why they do not
seem to have pursued investigation in the areas controlled by the ORC Government and
thelr allies.
11. This lnterpretation also clearly seeks to negate the Lusaka Ceasefire Agreement. The
issue of ltigality was fully discussed by the parties to the Lusaka Agreement and was
resolved clear1y as is stipulated in the Agreement itself. Each of the Congolese signatories
to Lusaka was charged with th~ responsibllity to administer the areas. they contrQI until
· state administration is re-established. This UN SC has endorsed the Lusaka Agreement in
various resolutions as the framework for resolving the confllct ln the DRC. ls the Panel's
position a proposition that thls pollcy should change?
URAnnex49
6
12. This interpretation, if accepted, would have the effect of criminalizing the traditional
cross-border trade that has gone on between the people of Congo and Uganda since time
immemorial. lt would also in effect freeze llfe for the Congolese people ln Eastern DRC.
Quallty of Evldence
13. There are many grave allegations against Ugandan leaders and Uganda as a State.
One would, therefore, expect that the Panel would plck evidence which would leave no
....... room for reasonable doubt. Surely charges against a Government or a head of State
would, as has been the case in prevlous slmilar cases, handled by reputable international
bodies, requlre to be established by conclusive evidence involving a hlgh degree of
certainty. But what do we find ln the Panel's report - hearsay evidence, lies and
faleehoods, unattributed information and conclusions for whlch no type of evidence is
offered.
14. ln paragraphs 27 &28 the Panel alleges that ' accordlng numerous accounts in
Kampala' the declslon for Uganda's milltary involvement in the DRC in 1998 was
motivated by economic and financial interests of top milltary officers. This is a very
serious allegatlon indeed especlally in light of the fact that Uganda has stated the
· ', reasons for her lnvolvement ln Congo which reasons were accepted and
lncorporated ln the Lusaka Agreement. lt ls not enough to slmply quote unnamed
•numerous sources .l n Kampala·. lt is not acceptable that a Panel of Experts of the .
UN relles on street gosslp ta levy serlous charges against a statel
15. The Panel alleges that UPOF was lnvolved in the dlsmantling of facton'es and
machinary spare parts, (para 36) . The Panel provides absolutely no evidence to link
thls to the UPDF and that these were transferred to Uganda. The cltlng of thls
URAonex49
7
alleged activity is therefore ln bad faith
Most of the information in the report on which the Panel bases its conclusions is
actually hearsay and we Invite the Security Council to tre~t~s unsafe evidence.
Falaehood and Lies
16.Under this category, the Panel of Experts knew that the statements they were making
were false, but went ahead and made them anyway. For exemple , the Report
acknowledges maximum cooperation received from the Uganda Government. The Panel
alleges in paragraphs 11 and 89 that they asked to meet with individuals inctuding
Brigadier General Kazlni, but the requests were tumed down. This is not true.
a) ln their meeting with H.E. the President of Uganda, bath Brig. Kazini and Lt.
Col. Mayombo were present. The Panel did not al any one time indicate that they
wanted any information regarding the activities of these individuals in the DRC. The
Panel's position was not surprising, since the Panel had ï°ndicated at the beginning
- , of the meeting that their mission was not to investigate but to collect data.
(b) The Panel held a me~ting with the Minister of State for Defense, Hon. Steven
Kavuma: The meeting was attended by the Army Commander Maj. Gen. Jeje
Odongo and the Acting Chief of Mili~ary Intelligence, Lt. Col. Mayombo, and others.
Gen. Odongo expressed his willingness to be of assistance and invited the Panel ta
forward a list of specific questions for any officer of UPOF, inèluding Brig. Kazini,
which the Panel required to be answered. He informed the Panel that that although
Gen. Saleh had retired from the Army, Gen Odongo would serve him on behalf of
the Panel. This invitation ta the Panel, however, was never taken up by the Panel
URAnnex49
8
up todate.
c} On the 6th March 2001, we communicated to the Chairperson of the Panel, on
the follow-up to the interim Report, reconflrming our continued support of their work
and inviting any questions, clarifications or àddltional data as well as extending
enother welcome to the Panel to revisit Uganda before the flnalizatlon of the Report
but to no avail.
Attack on President Musevenl and his famlly
17. The Panel makes a number of allegations against President Museveni
as either (i) a family shareholder ln soma of the involved companies (paras 80, 52) (ii), an
accomplice and (iii) on the verge of becoming a godfather of the lllegal exploitation
(paras 201-206, 211).
18. Uganda is disturbed by the casual manner by which the Panel decided to disregard
minimum decent language to use when referring to a Head of State of a member of
State by referrlng to Presidents Museveni and Kagame as the "godfathers·. lt is
import~nt to note that
(a) The Panel admits the need to refrain from makin~ allègations about the persona!
involvement of the President, due to lack of evidence (para 195) and yet makes
strong inferences and conclusion that President Museveni ls an accomplice in the
lllegal exploitation of natural resources of the DRC, and is laying the foundation for
the continuation of war in the DRC (para 201-206, 211} when they do not present
URAnnex49
9
any evidence, even street gossip, that President Musevenl was personally or even
vicariously involved in iliegal exploitation of resources in the ORC.
(b) The Panel met H.E. the President on 11 Novernber2000 forover two heurs at State
• House Kampala, and at no time did they ask hirn about involvement in the
allegatlons now presented against him.
(c) By bringing into disrepute the person and family of H.E. the President of Uganda,
without any credible evidence, the Panel demonstrated ellher serious lncompetence
as a fact-flnding team, or an arrogant display of malicious intentions.
Mr President,
19. How do you propose to address this grave and serious matter?
Conclusion
20. Uganda feels, therefore, that the quality of the report is so low that its value and
credibility are seriously diminished and undermtned. Thal is why we support the extension
of the mandate of thé Panel in the hope that a better job will be done. ln this connection,
Uganda would recon:imend that a new Panel is put in place ~r the curren~ one is expanded
under a new Chairman to inject professional cornpetence, · impartiality and serious
lead.e rship in the. investigation process. lt is .a lso importa.. nt to· achîev. e a level of baiance ln
the new Panel of Experts.
21, Uganda has also leamt one important lesson that it pays not to cooperate with the UN
Panel of Experts. The Panel of experts acknowledges the maximum cooperation from
Uganda. This ranged from meeting with HE the President, the Vice President, 1'1 Oeputy
URAnnex49
• 1
10
Prime Minister/Minister ~f Foreign Affairs, various cabinet ministers, and relevant
Government officiais as requested by the Panel. And what ls the reward for this?
Recommendations of sanctions agalnst the people of Uganda. On the other hand countrles
which are actually suspected ta be illegally involved in the exploitation of natural resources
in the ORC have escaped rebuke even as they refused to cooperate with the UN Panel of
investigation.
THE WAY FORWARD
12 ·· · 1anda believes that the cause of atl the proble~'Of the illegal exploitation of the natural
resource is war and the absence of a stable and strong state in the ORC. Therefore, the
primary focus should be on creating peace in the D.RC. This can only be through the
implementation of t~ ~~~Ï..Peace Agreement. ln~text, the Security Counci1 will be
expected to handle ~it~Ùtmost care because it contalns the element of diversion.
Exploitation of natural resources is not the cause, it is the consequence of the war and
absence of a strong state.
23. The Security Council should, therefore, remain determined to play a leadership raie
in the search for peace and stability in the DRC. The challenge before the UN Security
Council is the generatlon of sufficient political will and focus in support of the Lusaka
Peace Agreement. The Lusaka Peace Process provides a unique opportunity to address
the security concerns of the DRC and her neighbours, and to create favorable conditions
for an interna] dialogue on a new democratic dispensation in the DRC. The withdrawal of
all foreign forces, and emergence of a strong and stable state is the only guarantee to the
end the ill~gal exploitation of naturel resources in the DRC.
Thankyou.
URAnnex49
URAnnex50
URANNEXSO
Xinhua News Agency
(c) Copyright 2001 Xinhua News Agency
Thursday, April 12, 2001
Zimbabwean Minister Defends Involvement in Congo.
HARARE, April 12 (Xinhua) - Zimbabwean Defense Minister Moven Mahachi
Thursday said there is nothing nsinister11 and" extraordinary" about
Zimbabwe •s involvement in the Democratic Republic of the Congo (DRC).
Mahachi told 86 soldiers who have just returned back from the DRC that
their deployment in the DRC is for a good cause - to promote peace,
stability, tranquillity and nothing else .
He reiterated that Zimbabwe harbors no territorial ambitions since it
has all the territory it needs and is prepared to protect it.
"It is our mere contribution to the region•s firm resolve to strengthen
and consolidate democracy and restore peace and stability on the African
continent," he said.
Mahachi said the successful implementation of the Lusa.ka Peace Accord
would determine the pace at which Zimbabwe would continue to reduce its
troops in the DRC until an appropriate time for total witbdrawal as
outlined in the Kampala disengagement and Harare sub-plans.
He said the presence of the Organization of African Unity (OAU) Joint
Military Commission and, lately, a United Nations Peacekeeping Force in
the DRC should actas a stimulus needed for the creation and fostering
of a conducive environment for peace.
"On our part, we have great interest in the resolution of such internal
conflicts because they directly affect the security situation in the
entire African continent," the minister said.
"We, therefore, remain totally cornrnitted to the principle of the recent
U.N. resolution regarding the peace process in the DRC and the Lusaka
Peace Accord," he stressed.
At least 11,000 Zimbabwean troops, together with those from Angola and
Namibia, have been propping up the DRC army, fighting rebels backed by
Rwanda and Uganda since August 1998.
The Lusaka Accord was signed by all belligerents in the conflict in
1999, and as part of the agreement, most of the fighters have completed
a 15 kilometers pullback from the frontline.
---- INDEX REFERENCES----
NEWS SUBJECT: English language content; Armed Forces; International Relations;
Political and General News; Military Action; Organization of African Unity;
International Pol-Econ Organizations (ENGL "GDEF GDIP GCAT MLT CAU OCAT)
PRODUCT: African/Middle East News/Features (DAF)
REGION: Democratic Republic of the Congo; Zimbabwe; Central African
Countries; African Countries; Southern African Countries; Emerging Market Countries;
Democratic Republic of Congo (Zaire); Zimbabwe; Africa; Rwanda; East African
Countries; Rwanda; Namibia (ZAIRE ZIMBAB CEAFRZ AFRICAZ SOUAFRZ DEVGCOZ CG ZI AF
RWANDA EAFRZ RW NMB)
Word Count: 310
4/12/01 XINHUAEN (No Page)
END OF DOCUMENT
URAnnexSO
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NIW-Vïaion . U -G A N D A ' S L E A D I N G O A I L Y
URANNEXSl
Time To Leave DR Congo - M7
By John Kakande, Simon Peter Ekarot And Edrfs Klsambira President Musevenl said last night it was time to
get UPDF troops out of the DR Congo because ADF rebels threat had been contained. "In the comlng few
days, I shall be making Important announcements about our lnvolvement in the Congo. I shall consult with
other leaders ln the region and we shall corne up wlth a declsive action on the Congo," he sald. Museveni
was addressing the nation on radio and televlsion fast night on the court rullng on the election petition. He
sald Uganda had trled to help the Lusaka peace process and the UPDF had pulled back nlne battallons from
the DRC. He said he would work for ail Ugandans even those who did not vote hlm to heal the wounds. •1
shall concentrate on eradicatlng household poverty that has been my major concern. I shall also work for
the consolidation of the rule of law and constltutlonalism." Museveni said he would not purge the publlc
service but lt would be manned by people he trusts, citlng the new Police chief. "I appolnted hlm (Major
General Katumba Wamala) because I trust him very much. I wlll no longer tolerate civil servants who do not
respect the mandate of the people. That is why I have appolnted a new Police chier to clean up the force.
The idea of kulemesa (to fail ) government or the Movement wlll not help." Musevenl said the appointment
of a new Uganda Revenue Authority chief Annebrit Aslund Erlcson would lmprove revenue collection. On the
petltlon, Museveni sald the Supreme Court had acquitted ltself. "Just as I was on trial as wlnner, so were the
judges. I am happy the judges have handled the case well and that ls harblnger of good things to corne.•
Museveni told Sudan to remove LRA rebel leader Joseph Kony from Juba accordlng to agreements. He sald
the ADF had been weakened and a number of their commanders killed or captured. He sald if their leader
Kabanda dld not surrender, he would be killed. Meanwhile, Musevenl told MPs at the weekend that his family
or army offlcer are not engaged in business ln Congo. He was meeting the parllamentary committee on
presldentlal and foreign affairs. Committee chairman Elly Karuhanga said yesterday Museveni sald Uganda
would withdraw her troops lmmediately. Museveni met the MPs at State House Nakasero. They discussed
the UN panel report whlch implicated top UPDF officers ln plunderlng Congo's wealth, Uganda's relations
with Rwanda and reconclliation with petittoner Col. Kizza Beslgye. Minlsters Ruhakana Rugunda and Amama
Mbabazi were present. Museveni sent Mbabazi, Karuhanga and Mukula to the UN to defend Uganda at the
Security Council. The UN panel said people lootlng Congo's resources lnclude Museveni's son Muhoozi
Kalnerugaba, Museveni's young brother Maj. Gen. Salim Saleh, Brig. James Kazini, Col. Tinkamanylre, Jovla
Akandwanaho, Col Kahlnda Otaflire, Col F. Mugenyi and Lt. Col. Noble Mayombo. It sald Saleh and his wife,
Jovia, are at the core of the illegal exploitation ln areas controlled by Uganda. lt sald Kazinl was Saleh's
executlng arm. The MPs quoted Musevenl as saying the report was "biased and unresearched" and dld not
"merlt any inquiry.• Museveni sald Uganda's involvement ln Congo was •out of conviction• but not for
material gain. He said he had intervlewed hls famlly members and they all denled any lnvolvement ln Congo
business. He sald he also interviewed Col. Mugenyi who denied the allegations. The French Le Monde
newspaper last month, quotlng UN sources, said Mugenyl had grabbed 15kg of pure gold from the
government reserves in Watsa ln September 1999. It sald Mugenyi was using local people at Kilomoto to
mine gold. Musevenl told the MPs that Muhoozl went to Congo once durlng the regime of the late Laurent
Kabila. Muhoozl was interested ln exportlng beef to Congo but the deal never took off. Museveni reportedly
sald lt was Laurent Kabila who wanted a joint company wlth Saleh. The deal falled. He also sald he had
directed UPDF officers not to engage in business ln Congo. He said prlvate lndividuals do business in areas
controlled by UPDF. Musevenl said the panel should have focused on minlng of reef as opposed to alluvial
gold. Ends
Published on: Monday, 23rd April, 2001
URAnnex 52
United Nations
• Security Council
URANNEX52
Distr.: General
24 April 200 l
Original: English
Letter dated 24 April 2001 from the Permanent Representative
of Rwanda to the United Nations addressed to the President of
the Security Council
On instructions from my Governmèrlt, ' I have the honour to forward to the
Council Rwanda's reaction to the report of the Panel of Experts on the IUegal
Exploitation of Natural Resources and Other Forms of Wealth of the Democratic
Republic of the Congo (S/2001/357 of 12 April 2001).
Rwanda wishcs to restate its reason for being in the Congo as always
expressed: that our troops were/are there fighting lnterahamwe and ex-Forces
armées rwandaises and to ensure the security of our territory and people. Stating it
otherwise is diverting us from the real issues and Rwanda reiterates its support for
the Lusaka Ceasefire Agreement, the only way forward in curbing accusations and
counter-accusations. · ·
Rwanda hopes that the Security Couhei! will continue to assist the parties to
the Lusaka Agreement towards full implementation of the Agreement without
further delay and for ail of the parties to move ahead with their expressed
commitment.
I would appreciate it if this document were circulated to ail members as a
document ·of the Security Council.
01-34809 (E) 270401
l llll li Ill li Ill li Ill li Ill li Ill 111111111111111
(Signet/) Joseph W. Mutaboba
Ambassador
Permanent Representative
S120011402
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SfZIOl/412
Annex to the letter dated 24 April 2001 from the Permanent
Representative of Rwanda to the United Nations addressed to
the President of the Security Co'uncil
Reaction of the Goverliment of Rwa1ïda ·to the report of the Panel
of Exputs on the lllegal Exploitation ofNatural Resourçes and
Otber Forms of Wealth of the Democratic Republic of nie Congo
This ls a type of report the reader should read backwards. One
should st:art wlth the wlld rec:ommendatlons ln onfer to follow the
absurdlty of the report's contents. It 1s qulte dear that the
remmmendatlons d the .. Experts .. were pre-set wlshes on whlch t:hey
based thelr methodologlcal framework.
It 1s lndeed not surprfslng that thelr ffrst attempt at produdng a
report: was found lnadequate and they had to be made to revlew lt.
Unfortunat.ely, the second attempt ls stlll very unprofesslonal and full of
. .
hearsay and lnnuendos. It 1s lndeed not very helpful tx, the Securtty
Coundl to depend on experts who have absolutely no knowledge of the
reglon they are dolng research on; because what you end up wlth are
unsuoetantiated newspaper stories lndeed street talk and revlslonlst
propaganda.
There are baslcally four IS"SUes that made the Panel of Experts
produoe thls type of report:
1. They interpreted thelr mandate as wlt.ch-huntlng, and produoed
somethlng that seems 1D oonflnn what they consldered glven.
2. They worked under an umbretra of a daydream of the nonextstenoe
or lndeed lrrelevance of the rebelllon ln the Democratlc
Republic of Congo.
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S/1001/402
3. They based their main flndlngs on a misconceptfon of "ilfegality"
and legltimacy.
4. They completely ignore or are Ignorant of the hlstory or trade links
ln the Great Lakes Reglon.
S. The Panel dld not look at existing International treaties and
conventions to whlch Rwanda and the DRC are party.
As far as the Panel's lnterpretati<?n. of thelr mandate ls concemed, lt
manifests itself clear1y ln the unreliable sources of Information.
Referenoes to either "deserters", "high number of fnslders living ln the
DRC and ln Europe", "rellable sources" that are not identified, makes the
report sound more llke fictltlous stôries than anything else, and no effort
was made to fuffill the mandate.
The Panel of Experts' report premlses lts flndlngs on an
assumption that the rebellion should have no say ln the territorles they
control. They are obviously out of touch with the Lusaka Agreement
and don't seem to know that these rebels have been lnvlted for debates
at the UN Security Council. According to the report, "ait activltles taking
place in the Democratic Republic of Congo without the consent of the
legitlmate government are illegal".
This lndeed ls absurd and would obvlously lead to absurd conclusions.
To assume that all activities carried out by Congolese who are not under
the Kinshasa administration are llfegal ls to ignore the realltles on the
ground. There are people living ln the rebel-controlled areas. Wherever
people are, there wlll always be economic activftfes. In these areas
URAnnexS2
S/2001/402
there 1s an administration lookJng after the health, educatlon and
general well belng of thelr populatlon. These Congolese have every
r1ght to exploit the natural resouroes and other fonns of wealth under
thelr conb'ol as ls lndeed recognlzed by the Panel of Experts ln
paragraph 14b.
TRAQE BETWEEN RWANDA AND CONGO
Arst of ait, the report purports to be dealfng wfth IIJegal
exploitation slnoe the beglnnlng of the war ln the DRC, but ends up
attacklng extsting legal trade whlch the report refers to as lllegal. Trade
wlthln the reglon dld not start wlth the war in the Democratlc Republic
of Congo. Secondly, lllegal Trade ln any Commodlty only happens If:
(a)Toe commodtty ls prohiblted for trade due to heatth, phyto-sanltary,
or any other well establlshed reason. SUch cases are notlfled to ait
Wor1d Trade Organisation members.
(b )Goods are traded ln a manner that contravenes establlshed
International or domestic trade prooedures. Such prooedures are well
elaborated ln the Worfd Trade Organisation treaty, Reglonal and Subreglonal
treaties as well as national Trade and Custom's t.aws.
Rwanda and the Democratfc Republic of Congo are slgnatorfes, and
therefore members of the WTO, COMESA, CE~L and the Northern
Conidor organlzatlon. Ali these treatles and prot.ocols oblige either
counby to facllltate trade between lts peoples, transit of goods between
URAnnex52
S/200V402
the two states, as well as free transitlng of either country's cargo to a
thlrd party country. The present state of affairs dlctates that all .these
transactions are carrled out ln the framework of the Lusaka agreement,
which stipulates that the internattonally recognlZed parties ln the DRC,
shall control territories they hold untll new Institutions are put into place.
CEPGL treaty was slgned on 201t1 September 1976 between Rwanda,
Burundi and Zaïre (currently the Democratlc Republic of Congo). The
treaty provldes for co-operatJon in Banklng Industry, Elecbiclty, and
Trade between the three states. Timber and cassîterite are listed among
the products the Democratic Republic of Congo can export to Rwanda or
Burundi as n° 1 and n° 40. The 11st covers 51 products. It ls Important to
note that under thls protocol, the three states trade ln thelr local
currencles, and thelr Central Banks carry out compensation. Trade
between the three States ls carrled out by natlonally reglstered
companles. (local and International) or lndividuals wlth natlonally
recognlzed licenses. There ls no stngle Company / Enterprtse or
Indivldual wlthout a proper lloense that has · exploited timber or
cassiterite and exported lt to Rwanda In dlsregard of the CEPGL treaty.
The burden of proof lies wlth the Panel of 'Experts'. Trade in tnese
products existed even before the establishment of CEPGL and there ls
absolutely no reason why it should have stopped ln the 1990's.
Rwanda has heavy minerai deposlts wlth some under exploitation
and others yet to be explolted. Among those under exploitation are
Coltan (best quality_ in the Reglon), casslterlte and Wolfram. Rwanda
currently produoes an average of 120 MT of Coltan per month which
URAnnex 52
5
'
accounts for the export figures supported by Rwanda certlftcates of
origln. Both local and International enterprfses reglstered to mine and
trade ln minerais, are exploltlng and exportlng these minerais to Europe
wlth a oertlflc.ate of orlgin sfgned and endorsed by competent dvll
seivants of the Mlnlstry of Commerce, Industry and Tourfsm. Samples of
thelr signatures have been submltted to the European Union and
COMESA Secret:arfats.
The above ent.erprises are by lnt.ematfonal trade regulatlons (Refer
to WTO Regulatlons) free to Import minerais elther slmllar to those
produoed ln Rwanda or completely non-existent in Rwanda for re-export
or prooesslng for export. Minerais that are re-exported are not
accompanled by Rwanda c:ertJflc.at.e of orfgin. Those that are prooessed
and exported are accompanled by a certlflcate of orfgln lndlcatlng cleariy
the percentage of value added on the product by the Rwandan company
and the peroentage atbibut.ed t:o the country of orfgln of the raw
materfals. To date, Rwanda has not lssued such a certlftcate of ortgln
because not a single company ln Rwanda has fully engaged ltself in the
prooesslng of Minerais.
Under article 2 of Transit Regulatfons as contalned ln the Treaty
establlshlng COMESA and under Rwanda's Customs leglslatlon of 31st
July 1992, Re-exportation and Transitfng of Goods in Rwanda ls Legal.
Rwanda, llke any other Member of wro and COMESA, ls legally bound
to fadlltat.e both re-exportatlon and transltf ng of goods wlthln the set up
prooedures. Thus a company reglstered and dolng minlng business ln
the Democratlc Republic of Congo can transit any minerais through
URAnnex52
S/200l/40Z
Rwanda to Europe or elsewhere. Rwanda Issues RCTD {Road-Customs
Transit Dedaratfon) forms to such companres and only ct,arges
warehousfng fees.
The govemment of Rwanda ls not awijre of any exlstlng lllegal trade~
and stands to be corrected. If there ls, the Panel of Experts should be in
a position to provlde in lts report, the followlng:
(1) Evidence of any company that has translted minerais from
D.R.Congo through Rwanda agalnst the provisions of COMESA,
CEPGL and or WTO treatles.
{2) Evidence that Rwanda has exported dlamonds glven ln table s
(lnduding paragraphs 104 and 107) of the report by produdng
certificates of origin that accompanled the mentloned exports.
(3) The Laws or Conventions disrega~ed ln facllltating transit of goods
of Democratic Republic of Congo origln through Rwanda's Dry Port.
SPECIFIC ALLEGATIONS
ln responding to speciflc allegatfons, the Govemment of Rwanda wlll
now reply paragraph by paragr~P.~ where the report attempts to
lmpllcate Rwanda.
Para 31. Gulamall as a buslnesswoman ls not a aeatfon of Rwanda's
presence ln the DRC. She has been canylng out business activltles in the
Congo for over thirty years the panel could have been convlndng by
gMng evidence of particular Rwanda· support glven to Mrs Gulamalf.
.',. --
7 ·
URAnnex 52
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•
In Paragraph 31, the report alleges that "Kigali mllltary Alrport" ls used
to fadlltate transportation of Arms, mllltary equlpment and other
merchandlse. R should be dearly noted that Rwanda has no mllltary
Alrports whatsoever.
Para 33. The Eastern part of the Congo has been eut off ln terms of
International air communication. In the face of thls situation,
the Congolese goods and people have found lt necessary tn
transit througn Kigali, for there are no International fllghts to
Goma and Bukavu. Provisions of these services are not
prohlblted by any exlstlng lntematJonal laws. Therefore, the
accusation that Klgall International AJrport fs used as a
oondult for transporting Congolese goods ls baseless.
Para 37. The report cites accusations leveled agalnst Rwanda by an
alleged "RCD defector". How does an International Panel
make such sertous allegatlons baslng thelr Information on
what they describe as an "RCD defector" who must have a
grudge agalnst the RCD and its ally Rwanda?
Para 38. In these paragraphs the report inslnuates that the RPA both
encouraged and partldpated in an alleged looting of local
banks ln Kisangani. The conduslons are based on the
slmpllstlc vlew that the soldlers lnvolved ln the alleged
lootfng dld not speak Ungala. This caliber of 'sources' and
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the flimsy conclusions demonstrated above expose the
research by the 'Experts' as lacklng ln serlousness.
Para 55. Allegatlons against Rwandans of extractfng COngolese tlmber
once again reflect ignorance on the part of the Panel with
regard to exlstlng Regional Trade Agreements and
.Conventions. If the('e ~r~ ~ny Rwandan natlonals lnvolved ln
trade and commerce ln Burundi or DRC, thls is legltimate
trade, whlch has been golng on for the last 25 years, wlthln
the context of the CEPGL Agreement signed between the
three countries in 1976. As a matter of fact, for decades,
there have been a number of Rwandans who own and
exploit thousands of acres of forests ln the DRC.
Para 58. This part of the report sadly demonstrates how the
document ls nothlng but fiction. In paragraph 58, the Panel
mentions an alleged RPA Offlcer, one Commander Ruto,
tnvolved ln the minlng of coltan. lt should be on record that
there is no such rank as Commander ln the Rwandan mllitary
-institution, and, there is no soldler or officer by the name
Ruto l(l the RPA.
Para 60. Thé Panel's report seeks to fmplfcate the Govemment of
Rwanda ln organlsed extractJon of Congolese naturaf
resouroes by alleglng that the Govemment has utlllzed
prisoners to "dlg coltan ln exchange for a sentence reductlon
and limited cash to buy f~". Much as the Panel does not
9
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S/2001/402
10
seem to be aware of the source of this aiiegatlon (the report
sJmply lndlcates that "the Panel was recently lnformed"), thls
aCOJsatfon was levelled agalnst Rwanda by MISNA, a Roman
cathollc News Agency, ln ear1y March and subsequently
challenged by the Govemment to the embarrassment of
MISNA itself. Today, there ls a relatlvely large number of
pr1soners ln Rwanda, a situation stemmlng from the 1994
genodde. The Govemment of Rwanda has been most open
wlth the prisons system. Indeed, the Administration and
maintenance of the pnsons ls jolntly done by the
Government and organlzatlons representfng the International
communtty. The International Commlttee of the Red Cross
(IOEC), The Penal Refonn International (P.R.I.) and Avocats
sans Frontières are three known organlzatJons, whlch have
worked dosely with the Government wlth regard to the
welfare of the prtsoners. There ls no way, therefore, that any
number of prlsoners would have been moved, much less
crossed International borders, for any· purpose without the
knowledge of these organlzatlons!
Para 61. The allegatlon that Rwanda ls lnvolved in destabillzing the
wlld-llfe population ln the Kahuzl-Biega Parle ls unfounded,
glven the fact that there has never been any Rwandan
Mllitary deployment ln thls partJcular area. Instead lt ls a
stronghold of the Interahamwe mllitJa suspected to have
murdered tourlsts ln Bwlndl Game Reserve ln 1999.
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Para 64. The report also states that "Imported goods for the occupied
zones arrive via the ports of Mombasa and Dar-es-Salaam.
Thts was supposedly conflrmed durlng the Panel's vrslt to the
customs services ••. ln Kampalan. This partfcular dedaratfon
on the part of the Panel derrionstrates that lt slmply drew its
conclusions from a position of Ignorance. There ls nothlng
new, no dlscovery, in the fact that the whole of Eastern
Congo hinterland to date uses the ports of Mombasa and
Dar-es-Salaam ·because of geographrcat proxlmity. The
alternative longer route ls through the Port of Matadi on the
Atlantic Ooean along the River Congo.
Para 68. The accusation that Congolese nationals hold Bank accounts
ln Rwandan Banks needs to be put ln context. The CEPGL
Agreement allows natfonals of Rwanda, Burundi, and DRC to
carry out Bank transactions in any of the three counbies
wlthout hlndrance. The Congolese people have, over
decades, carried out transactions with Rwandan flnanclal
institutions and the Rwanda Postal System wlthin the
exfstlng reglonal conventions. Once agaln, where lt fs
happening, lt is legitimate and legal.
u
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Para 73 - 75 & 86.
The Companles mentloned ln these paragraphs are both
Rwandan and forelgn prlvate busfnesses wlth no llnk t.o the
Govemment of Rwanda.
It should be dearty understood that the Mlnlster of Anance
or any member of hls famlty has no lnterests whatsoever
wlth Air Navette. The Mlnlster of Finance reserves the rtght
to take legal action agalnst thls blatant defamatfon.
The Insinuation ln paragraph 86 that transactions between
fndlvldual private banks and certain polftlcal organlzations in
the reglon have the approval of the Govemment of Rwanda
has no basls.
Para 76. The allegatlon that natural resouroes extracted from the
Congo are illegalfy transported through Klgall ls not correct
This has clearly been demonstrated by the existence of
reglonal trade conventions, the lnacoesslblllty of Eastern
Congo by lnt.ematlonal carriers and the fact that RCD ls an
organlzatJon responslble for the welfare of a population of
over twenty million people.
Para 77. With regard to the finandal and banking allegatlons ln thls
paragraph, lt should be polnted out that there were no new
banks established ln Rwanda after 1997. Secondly, two of
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S/2001/402
the banks mentioned ln this paragraph, namety Union des
Banques Congolaises and Banque Commerciale du Congo,
have nelther thelr headquarters nor any branches ln
Rwanda, although once agaln there would be nothlng lllegal
If they dld.
Para 83. . The report seeks to identify certain businessmen wlth the
Govemment and lndivldual leaders ln Rwanda. Mr. Modeste·
MAKABUZA is a case ln point. This ls a well-known Congolese
businessman, whose family trading ac.tïvitles span a period
of four decades. He has no known business connectlon with
the leadership ln Rwanda and wlth President KAGAME ln
particufar, whom the Panel's report has shamelessly chosen
to single out.
Para 84. This part of the report once again demonstrates the
laughable nature of the work carrfed out by the Panel.
Neither the names of the officers nor the designatfons
mentloned ln the paragraph exlst ln Rwanda.
Para 90 & 91.
Allegatfons put forward in these two paragraphs are, like any
others in the report, wlld, unfounded, and baseless, and the
Govemment of Rwanda challenges the Panel to substantlate
them.
13
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Para 110 - 114
The calculatlons ln these paragraphs are based on three
taise premlses. First the figures are ail flctftfous. Rwanda
does not have 25,000 soldiers ln DRC. Second the frequency
of use and cost of alraaft are wlldly exaggerated. Third, the
bonus payments to RPA soldlers ln the DRC, don't exlst.
Para 126, 127, 128 & 129.
As demonstrated by the Govemment of Rwanda throughout
thls response, the report has falled to establlsh that RPA has:
(a) any direct commerclal activltfes ln DRC
(b) shares ln any companfes or enterprlses
( c) any direct payments from RCD
(d) any protection money and indeed any tax revenues
reoelved by the so-called "Congo desk"
( e) any uptake by RPA soldlers from Congo.
Para 175 - 179.
URAnnex52
Allegat:Jons in these paragraphs demonstrate total disregard
on the part of the Panel as far as the root causes of the war
in the DRC and the confllct in the Great Lakes reglon are
concemed. They are ln contradiction wtth the
recommendatlons of the countrJes of the reglon and the UN
Security Council ltself, as to the way forward ln resolving the
conflict in the Great Lakes reglon, which fs the
impfementatfon of Lusaka Ag~eement as it ls.
------·-------------
S/200J/402
Paragraph 185:
Bllateral aid for Rwanda cornes in two forms: elther as direct
budget support or through NGOs.
There ls a transparent budgetary process wlth lnbullt
accountablllty mechanlsms; namely the Institutions of the
Audltor General, Cour des Comptes, and the Parliamentary
Public Accounts Commlttee. Ali these are functional and
ensure that public funds are utlllzed as provlded for ln the
Rnance Law.
The balance of payments support situation ls very clear.
Govemment social sector expendlture (educatton, health
and other social services) has steadily increased over the last
three years. Infact, it has more than doubled for health and
education over thls pertod.
The Bretton Woods Institutions records are available to
testify to this. In addition, there are lndependent yearly
audits by donors giving direct budget support, e.g. Crown
Agents for the United Klngdom and the French-based "MD
21 Company'' for the European Union funds.
These audit reports are availabte and reflect what this ald
exactly does. The panel did not have to speculate on what
these funds are utilized for.
15
URAnoexS2
1
1
1
1
1
1
1
1
1
Î
1
1
1
l
1
.. ·-·· -·- ..... ------------ • '" • • •- - • ·• - •• - - - • •--w -
5,f>Mt/.JA,
Paragraphs 187- 190:
1,
URAnnex 52
From 1998, Rwanda st:arted an economlc strudllral
adjustment programme wlth the Bretton Woods Instltutlons.
There ls an lnbullt mechanism of monitoring the
lmplementatlon of the varlous structural, fiscal and monet:ary
refonns. The Intemat:fonal Monetary Fund (IMF) and the
Wor1d Bank have very competent staff whose duty tt ls to
verlfy compllanoe. The work of these reputable UN bodies
and thelr staff over this per1od ls there for everybody to see.
The panel would have done these lnstltutlons and thelr staff
betoer justice If they had consulted thelr work and records.
To date, nobody has refuted the competenoe of these
Institutions.
Rwanda's qualiflcatJon for HIPC Initiative was a result of ftrm
govemment commltment to the lmplementatlon of the
requlred refonns and achlevement of the set targets. The
dearly set crlter1a were hard earned and not simply a reward
as the panel would llke to put it.
Paragraph 190 ls erroneous and oontradlcts paragraphs 110
-111. The defense budget has not lncreased fnstead it has
steadily decreased as follows (as% GDP):
·-------·----·
S/2001/402
1998 - 4.3
1999 - 4.2
2000 - 3.8
2001 - 3.2
(Source: IMF: Rwanda: Memorandum of Economie and
Flnanclal Policles, Nov 2000)
Paragraph 195:
We submit that the Panel, by its own admission, has no basis
for dragglng Rwanda's Head of State, let atone his famlly,
· lnto lts report. If lndeecl the Panel has . no evldence of his
famlly's lnvolvement in dlamond trade, why mention lt? If it
ls not lntended to tarnlsh hls name? It ls not acceptable that
.a Panel with a UN mandate can engage in an unwarranted
smear campaign against Heads of States of member states,
thelr famllies, or even as lndlvldual dtlzens.
Paragraph 196-197:
The report wants the world to believe that there ls
something inherently evil for a Head of State to know some
of the country's promlnent business people. We, however
want to categorically refute the insinuation that, this makes
President Kagame a business associate or in any way
lnterferes wlth the responsibllities of hls high office.
17
URAnnex52
S/2801/402
18
Paragraph 198:
The reorganizatlon of all Rwandan Institutions is done ln
accordanoe wlth our fundamental law, which came lnto force
ln 1993. lhere is no way President Kagame can create
Institutions outslde thls frame-work. That ls why the report
ls wrong to suggest there ls a Department of Extemal
Relations ln the Mlnlstry of Defenoe that carrles out business
transactions for the RPA.
Paragraph 200:
UR Annex52
The report continues to mlsrepresent the Presldent'i words
and Intentions. When he sald Rwandan dtlzens carry out
commercial activltles ln DRC, he was statfng a fact. None of
that has changed. He was not decelvlng anybody and he had
correct lnfonnatlon. Rwanda govemment conslders the
attitude of Panel members on thls Issue shocking artd a
grave insult. It ls equally disingenuous for the Panel to
dlstort the words of the President. When he talked of a "selfsustalning
war", he was referr1ng to the capadty of RCD to
shoulder thelr own costs of the war.
--------·----·--·---·----·
S/2001/402
Paragraph 210:
The mission of the RPA has n.ot been dlverted as the Report
daims. The RPA under the leadership of President Kagame
stopped Genoclde and it ~as continued to successfully
protect the people and territory of Rwanda. The RPA freed
1.5 milllon refugees held hast.age ln DRC by EX-FAR and
Interahamwe in 1996. The massive Infiltration and barbarie
acts commltted by the same genocldal forces have reduced
to insignlficance because the RPA has contalned them.
Today, the RPA is undeniably exemplary ln the
lmplementatlon of the Lusaka Agreement
Paragraph 211:
The Panel has not proved the existence of crlmlnal cartels ln
this reglon. The reglon ls "fragile and sensitive" because
proven crimlnal forces, lncluding Interahamwe and EX-FAR,
are supported mllltarily, politfcally, and morally in spite the
numerous Securlty COuncil resolutlons urging member states
to cease all forms of assistance to them.
President Kagame was instrumental ln stopping genodde, the ultlmate
crime, and wilf continue to ensure the people of Rwanda malntaln the
capacity to prevent a recurrence of genoclde. The Internatlonal
Community shoufd not be diverted from correcting mistakes of the past
that allowed genocide to occur in lts pres~noe in the first place.
19
URAnnex52
S/2001/402
20
The Govemment of Rwanda belleves that most of these allegatfons stem
from, and are part of, a revlslonlst campalgn whose authors are well
known. The c.ampalgn whlch seeks, on one hand, to det.er the
Govemment and people of Rwanda from searchlng for a lasting solution
to thelr security problems, and on the other, to attempt to justlfy ,
contlnued support for the genoddal forces that are the real reason why
our forces are ln DRC.
CONCLUSION :
The spirit that gulded the work of the Panel of Experts ls dearty
demonstrated ln thelr concluslons and recommendatlons. Ffrst and ·
foremost, the Panel states that "lts report and recommendatfons are
consistent" wlth resolutions 1304 (2000) and 1341 (2001) of the
Security Councll as well as the Lusaka Agreement. This couldn't be
more wrong. They are dlameb1cally opposed. It ls lndeed very
lnterestlng that the first recommendatlon they make ls an extension of
thelr mandate. How meroenary?
Most of their recommendations, particularty those deallng with
sanctions and finandal and econpmic matters, are very crude attempts
to lmply that the rebellion in Congo should Slmply be dlsmantled, and
thelr allies also suffer the consequenoes of havlng supported it. The
Experts are advocatfng that the Security Coundl reject the Lusaka
process, obvlously a step in the wrong direction. It ls n~t neoessary to
go lnto detalls of thelr recommendations on dlamond business, forest
and tlmber, reparatJon and compensation and framework for
URAnoex 52
-----
SJlOOJ/402
reconstruction, as the recorwnendatlons are based on pu~e bias. The
bfas of the report fs further set ln lts deffnitfon of what commodltles to
lnvestlgate. Paragraph 13 llsts resources, whlch only occur ln areas
controlled by rebels. Cooper, Cobalt, Uranium, Kasaf dlamonds and oil
are passed over slnce in the eyes of the panel they are pfundered by a
"legltlmate" govemment and its allies. Indeed, one of the most
disturbf ng feature of the report ls lts glossing over the real plundering of
the natural resources and other forms of wealth by the Kinshasa
Govemment and lts ailles. The crlmlnaf transactions carrled out partly
for flnanclng the war and partly for enrlchlng some indlvlduals are
handfed in the Panel's report as If they were normal transactions. This
ls of course due to the Panel's dellberate misconceptJon of fegltlmacy
and legality.
In paragraph 242, by seeklng persona! securlty and protection of
the security councll, members of the panel lmply that what they have
done wlll cause harm to countrles, organizations and indlviduals
mentloned ln the report. This further demonstrates the unprofessional
behavior of panel members. This report was not fnvestigating anythlng
more dangerous ln the reglon then say the flow of arms to the
genocldaires [($E!e Council Resolutions 918(1994), 997(1995),
1011(1995), 1013(1995), 1161(1998) plus letter S/1998/438 and report
S/1998/1096)]. The plea can only mean that the whole report is
suspiclous and deliberately seeks to Injure countrles, and lndivlduals
mentloned in the report.
It ls very important that the World body does not fall into the trap
of those who continue to want to dfvert world attention from the real
causes of the current situation ln the DRC. The Security Councll will
21
URAnnex52
SllOOl/402
22
recall that it set up an International Commission of Inquiry (Rwanda),
whlch submltted lts report S/1998/1096 ln November 1998. ln
paragraph 87 of their report they make lt dear that I\Toe commission ls
convlnced that the ex-FAR and I.n terahamwe have contfnued to recetve
arms and ammunltion both through thelr close links with other armed
groups ln Angola, Burundi, Uganda and elsewhere, and most recentry,
from the Govemment of the Democratlc Republic of COngo. Desplte the
imposition upon them of a Securtty Coundl arms embargo, whlch has
remalned In force slnoe the genodde of 1994. The Ex-FAR and
Interahamwe have now become ln effect the allies of the Govemment of
Democratlc Republic of Congo and lts allles, the Govemments of Angola,
Chad, Namlbla and Zimbabwe. The new relatfonshlp has conferred a
form of legltJmacy on the Interahamwe and the ex-FAR. This ls a
profoundly shocking state of affalrs".
This lndeed is the root cause of the war in DRC, as far as Rwanda
is concemed, and not commercial activities. Any reports that would
attempt to dlvert the focus of the Security Council from the Lusaka
prooess are very dangerous lndeed.
Flnally, the Security Councll is urged to keep on course in as far as
secunng peace and securtty in the Great Lakes region is concemed. In
so dolng, it must watch out for various maneuvers that attempt to divert
our attention from the real problem of the negatïve forces such as
Interahamwe, FDD, ADF etc and their sponsors. This particular report is
dlverslonary, mallclously unfalr, and deflnltely Ill lntentioned. It should
therefore be dismissed in its totality.
Kigali, 23 April 2001.
URAnnex52
URAnnex53
President:
Members:
Agenda
01 -35824 (E)
United Nations
URANNEX53
S/PV.4317
Security Council
Fifty-sixth ycar
4317 th meeting
Thursday, 3 May 2001, 10.45 a.m.
New York
Provisional
Mr. Cunningham . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (United States of America)
Bangladesh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Chowdhury
China . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Wang Yingfan
Colombie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Valdivieso
France ......................................... .
Ireland ........................................ .
Jamaica ....... . .. .......... •....... . ....... . ....
Mali ................. • ....•....................
Mauritius ...................................... .
Norway ........................................ .
Russian Fedcration ...................... • .........
Sîngapore . . ...... .... ................. . ........ .
Tunisia ................... ..... ... .... ......... .
Ukraine ... . .................................... .
United Kingdom of Great Britain and Northern Ireland .... .
Mr. Levitte
Mr. Ryan
Miss Durrant
Mr. Ouane
Mr. Neewoor
Mr. Stremmcn
Mr. Lavrov
Mr. Mahbubanî
Mr. Mcjdoub
Mr. Krokhmal
Sir Jeremy Greenstock
The situation concerning the Democratic Republic of the Congo
Letter dated 12 April 2001 from the Seeretary-General addressed to the
President of the Security Council (S/2001/357).
This record coniaios the text of speeches delivercd io English and of the inierpretation of
speeches delivered in the other languages. The final tcxt will be printed in the Official Records
of the Security Council. Corrections should be submitted to the original languagcs only. They
should be incorporated in a copy of the record and sent under the signature of a member of the
delegation concemed to the Chief of the Verbatim Reponing Service, room C-178.
1111111111m11111m
S/PV.4317
The meeting was cal/ed to order al 10.50 a.m.
Expression or thanks to the retirlng President
Tbe President: As this is the first meeting of the
Security Council for the mon th of May, I would like to
· take this opportunity to pay tribute, on behalf of the
Council, to His Excellency Sir Jeremy Greenstock,
Permanent Representative of the United Kingdom, for
his service as President of the Security Council for the
month of April 2001. I am sure that I speak for ail
members of the Council in expressing deep
appreciation to Ambassador Greenstock for the great
diplomatie skill with which he conducted the Council's
business last month.
Adoption of the agenda
The agenda was adopted.
The situation conceming the Democratic Republic of
the Congo
Letter dated 12 April 2001 from the SecretaryGeneral
addressed to the President oftbe
Security Councll (S/2001/357)
The President: I should like to infonn the
Council that I have received letters from the
representatives of Angola, Burundi, Canada, the
Democratic Republic of the Congo, Japan, Namibia,
Rwanda, the Sudan, Sweden, Uganda and the United
Republic of Tanzania, in which they request to be
invited to participate in the discussion of the item on
the Council 's agenda. In conformity with the usual
practice, I propose, with the consent of the Council, to
invite those representatives to participate in the
discussion, without the right to vote, in accordance
with the relevant provisions of the Charter and rule 37
of the Council's provisional rules ofprocedure.
There being no objection, it is so decided.
On behalf of the Council, I welcome the Minister
for Foreign Affairs a.nd International Cooperatioo of
the Democratic Republic of the Congo, His Excellency
Mr. Leonard She Okitundu.
At the invitation of the President, Mr. She
Okitundu (Democratic Republic of the Congo) took a
seat at the Council table.
2
URAnoex53
The President: I welcome the Special Envoy of
the President of the Rwandese Republic, His
Excellency Mr. Patrick Mazimpaka.
At the invitation of the President, Mr. Mazimpaka
(Rwanda) took a seat at the Council table.
The President: I welcome the Minister of Stat.e
for Foreign Affairs and Regional Cooperation of
Uganda, His Excellency Mr. Ameme Mbabazi.
At the i11vitation of the President, Mr. Mbabazi
(Uganda) took a seat at the Council table.
The President: I welcome the Minister of
Finance of Burundi, Mr. Charles Ni han gaza.
At the invitation of the President, Mr. Nihangaza
(Burundi) took the seat reserved for him at the
side of the Council Chamber.
At the i11vitation of the President, M,: Mangueira
(A11gola), Mr. Heinbecker (Canada), Mr. Akasaka
(Japan), Mr. Andjaba (Namibia), Mr. Erwa
(Sudan). Mr. Norstriim (Sweden) and Mr.
Mwakawago (United Republic of Tanzania) look
the seats reserved for them al the side of the
Counc/1 Chamber.
The President: In accordance with the
understanding reached in the Council 's prior
consultations, and in the absence of objection, I shall
take it thet the Security Council agrees to extend an
invitation under rule 39 of its provisional rules of
procedure to Ms. Safiatou Ba-N'Daw, Cbairperson of
the Panel of Experts on the Ulegal Exploitation of
Natural Resources and Other Fonns of Wealth in the
Democratic Republic of the Congo.
There being no objection, it is so decided.
I invite Ms. Ba-N'Daw to take a seat at the
Couacil table.
The Security Couocil wiU now begin its
coosideration of the item on its agenda. The Council is
meeting in accordance with the understandiog reached
in its prior consultations.
Members of the Council have before them a letter
dated 12 April 2001 from the Secretary-General to the
President of the Security Council transmitting the
report of the Panel of Experts on the lllegal
Exploitation of Natural Resources and Other Fonns of
Wealth of the Democratic Republic of the Congo,
document S/2001/357.
I should also like to draw the attention of the
membcrs of the Council to the following documents:
S/2001/378, letter dated 16 April 2001 from the Chargé
d'affaires a.i. of the Permanent Mission of Uganda to
the United Nations addressed to the President of the
Security Council; S/2001/402, letter dated 24 April
2001 from the Permanent Representative of Rwanda to
the United Nations addressed to the President of the
Security Council; and S/2001/433, letter dated l May
2001 from the Permanent Representative of Burundi to
the United Nations addressed to the President of the
Security Council.
On behalf of the Security Council, 1 would like to
welcome Foreign Minister She Okitundu of the
Democratic Republic of the Congo, Minister of State
Mbabazi of Uganda and Minister of State Mazimhaka
of Rwanda. We look forward to their remarks. We also
welcome Ms. Ba-N'Daw, Chairperson of the Panel of
Experts.
1 would like to take this opportunity to thank our
colleague Ambassador Mutaboba of Rwanda for bis
service to his country and the United Nations. We wish
him a safe joumey home and extend a warm welcome
to bis successor, Ambassador Gasana.
Today's meeting occurs against a backdrop of
sadness and outrage in the Democratic Republic of the
Congo and the international community. Six
representatives of the International Committ.ee of the
Red Cross were brutally murdered on 26 April.
In the presence of Foreign Minister She
Okitundu, we extend our condolences to the families of
the four Congolese victims. ln the presence of our
Colombian and Swiss colleagues, we extend the same
message of sympathy for their nationals, who also lost
tbeir lives in the service of our common humanity.
We express the hope that the perpetrators of this
crime will be brought to justice. We all need to work
for the safety and protection of humanitarian personnel
throughout the world and support those who seek to
aUeviate human suffering caused by conflicts that we
seek to resolve.
I would like to note also that our discussion today
takes place 15 months after the last United States
presidency of the Security Council, and we also
discussed the situation in the Democratic Republic of
the Congo. Much has changed, but much remains to be
donc, and our discussion today on this important topic
S/PV.4317
should be seen in the context of this Council's
determination to help bring the tragic conflict in the
Congo to an end.
1 shall now give the floor to Ms. Safiatou BaN'Daw,
Chairperson of the Panel of Experts on the
lllegal Exploitation of Natural Resources and Other
Forrns of Wealth in the Democratic Republic of the
Congo.
Ms. Ba-N'Daw (spoke ln French): 1 am grateful
for this opportunity to present the results of our work
to the Member States of the United Nations.
The mandate entrusted ta us by the .Security
Council had three main points: to considcr the illegal
exploitation of natural resources and other fonns of
wealth in the Democratic Republic of the Congo; to
research and analyse the links between the exploitation
of resources and the continuation of the conflict; and to
make recommendations to the Security Council. The
results of our work are presented in the order
recommended in our mandate.
First is the illegal exploitation of resources and
other forms of wealth. The Rwandan and Ugandan
armies, and to a lesser extent the Burundi army, have
been engaging in massive looting of the natural
resources of the Democratic Republic of the Congo
since 1998. This exploitation bas benefited from
existing structures that date back to the war of August
1998. This exploitation takes two fonns: mass-scale
looting and the systematic and systemic exploitation of
resources.
The mass-scale looting has consisted mainly of
the extraction, removal and confiscation of naturel
resources, which are amassed or placed in reserve by
private individuals, companies or other groups.
Military and civilian officiais of these two countries, as
well as the rebel leaders, have profited directly in most
cases.
The systematic and systemic exploitation bas
required good organization and appropriate
infrastructure. In the case of Uganda, General Kazini
has set up networks and circuits with individuals be
controls. ln the case of Rwanda, the organization is
more sophisticated and involves various levels. In
short, an entire system bas been set up by the
authorities of certain countries with a view to greater
efficiency in the exploitation of the natural resources of
the Congo.
3
URAnnex53
S/PV.4317
As regards the Governrnent, although we cannot
speak of the illegal exploitation of natural resources,
the Panel bas nonetheless identified some rather
surprising practices by which the Govemment of the
late President took some of the profits of parastatal
entities or granted concessions to the companies of
associates, in violation of certain procedures.
On the first point of the mandate, the Panel
concluôes that certain Congolese and the Ugandan and
Rwandan armies are engaging in the exploitation of
n.atural resources and have set up structures to facilitate
this exploitation. That exploitation involves coltan,
gold, diamonds, timber, ivory, coffee and fiscal
resources.
The links between the exploitation of resources
and the continuation of the war are found at three
levels: at the level of persona! gains of high-ranking
military and civilian officials, who benefit either from
direct financ ial gains or from getting important
contracts for tbeir companies; in the field, because
there is more fighting between the regular arm.ies of
non-invited States and the Mai-Mai and other negative
forces in the mining areas than at the official front,
where they have to deal with the Congolese Armed
Forces (FAC) and its allies; and at the level of
financing the conflict, because of the gap between the
military expenditures of the various armies and the
level of the defence budget of the va.rious countries.
The conflict is financed in four ways, ail ofwhich
are linked 10 the exploitation of resources of the
Democratic Republic of the Congo.
The regular annies are financed from the public
coffers. The problem often is how to meet the
shortfalls. In sorne cases, it is the public coffers that
provide that role. However, the public coffers often
benefit from a trickle-down effect of the ce-exportation
economy bascd for the most part on the exploitation of
the resources of the Democratic Republic of the Congo.
There is also financing from secret funds, as wclJ
as free financing, which allows the armies stationed in
the Democratic Republic of the Congo to receive funds
directly or indirectly from local companies or
individuals involved in the exploitation of natural
resources.
There is also financing through barter, in which
the authorities in control of a given area grant a mining
URAnnex53
or otber concession to one enterprise, which provides
military equîpment in exchange.
The recommendations are essentially of six kinds.
However, the Panel stresses only four for the sake of
presentation: sanctions against countries and entities
illegally exploiting the naturel resources of the
Democratic Republic of the Congo; preventive
measures with a view to avoiding the situation's
recurrence; compensation for those suffering the illegal
exploitation of their natural resources; and the
establishment of a framework for the reconstruction of
the occupied arcas.
The Panel thanks all those who supported it in its
work. This is aise. an excellent opportunity for us to
thank in particular the Govemment of Uganda, wbich
provided ail the information we asked for.
The Panel had a difficult and very delicate
mission that had to be carried out and completed in
extremely adverse and hazardous circumstances in a
sensitive region where the susceptibilities and
ambitions of the belligerents have reduced the life of
the local populations to insccurity and uncertainty. Life
in the region today bangs in the balance. We are
grateful to God for our safety and that of the many
witnesses with whom we spoke, as well as and
especially that of ordinary Congolese.
The President: I wish to acknowledge the
presence among us of the Secretary-Geneml and to
th.ank him for coming.
I now give the floor 10 the Minister for Foreign
Affairs and International Cooperation of the
Democratic Republic of the Congo.
Mr. She OkJtundu (Democratic Republic of the
Congo) (spoke in French): Al the outset, on behalf of
Major-General Joseph Kabila, President of our
Republic, and of my Govemment and people, as well
as on my own persona( behalf, I extend our deepest
condolences to you, Sir, to the families of the victims,
to the International Comrnittee of the Red Cross
(ICRC), and to the Govemments of Swit.zerland and
Colombia over the cowardly murder on 26 April of six
members of the ICRC, including four nationals from
my country. My Governrnent pays tribute to the
dedication of the people of the ICRC who have given
their lives to ease the suffering of my people. Despite
this tragedy, it is our hope that the ICRC and ail other
humanitarian organiza.tions will continue their efforts
to help the people of my country.
I express my delegation's pleasure at seeing you,
Sir, preside over this open meeting of the Security
Council on the situation in the Democratic Republic of
the Congo. We are pleased that the Security Council is
currently being led by the representative of the United
States this month, a crucial and decisive moment for
putting a final end to the war of aggression that bas
been waged against my country for 34 months. I also
take this opportunity to extend to you, on behalf of my
delegation and on my own persona! behalf, my
wannest congratulations on your assurnption of the
presidency of the Security Council, the principal organ
for the maintenance of international peace and security.
My delegation also acknowledges the excellent
work of the delegation of the United Kingdom of Great
Britain and Northem Ireland during its presidency last
month.
We also pay a well-deserved tribute to Mr. Kofi
Annan, Secretary-General of the United Nations. My
country is grateful to him for bis outstanding efforts to
restore peace to the Great Lakes region and to the
Democratic Republic of the Congo in particu lar. He bas
shown enonnous energy and perseverance in secking to
end the uscless and senseless violence that has taken so
many lives in our country. The Democratic Republic of
the Congo, through its highest authority, MajorGeneral
Joseph Kabila, President of our Republic,
hopes that the Secretary-General will be able, in a
second terrn, to maintain the situation in the
Democratic Republic of the Congo as one of bis top
priorities and to pursue his most commendable work
towards lasting peace and reconstruction in my
country.
Lastly, I would thank Mrs. Safiatou B1;1-N'Dow
and ail members of the Panel of Experts on the Illegal
Exploitation of Natural Resources and Other Forms of
Wealth of the Democratic Republic of the Congo for
their essential report, which is of great political and
historie significance to us in the Congo. It
demonstrates lhat the false pretext of border insecurity
is no longer tenable and that the real motive for the
aggression is the systematic plundering and illegal
exploitation of the naturaJ resources of the Democratic
Republic of the Congo. The aggressor countries have
occupied Congo because of their vast economic
S/PV.4317
interests there, which fuel their wannongering. We
therefore welcome the report in document S/2001/357.
We bitterly regret, bowever, the fact tbat the
report coofirms rather belatedly wbat my country bas
loudly proclaimed since the very beginning of the
aggression, namely, that the main objective bas not
been the security concems of the three aggressor
counlries: Uganda, Rwanda and Burundi. The
memorandums and ail the white books that my
Government bas conveyed to the Security Council
since August 1998 clearly show the double link
between the illegal exploitation of our resources and
the unleashing of the war, as well as between the illegal
exploitation and the mass violations of human rigbts
and international humanitarian law. These documents
have been submitted to the Council, which bas issued
them as official documents.
In paragraph I of General Assembly resolution
1514 (XV) of 14 December 1960, "Declaration on the
granting of independence to colonial countries and
peoples", whose provisions are essentially duplicated
in resolution 2625 (XXV), it is stated that
"The subjection of pcoples to alien
subjugation, domination and exploitatio.i
constitutes a denial of fundamental human right~.
is contrary to the Charter of the United Nations
and is an impediment to the promotion of world
peace and co-operation".
We thaok you, Sir, and ail members of the
Security Council for having included on the Council's
agenda the item on the illegal exploitation of the
natural resources and other forms of wealth of the
Democratic Republic of the Congo, in violation of its
national sovereignty. The item is indeed within the
competence of the Security Council because of the
Council's principal responsibility under the Charter for
the maintenance of international peace and security.
The subject logically falls within the Council's interest
in a swift retum of lasting peace to my country and my
people.
My delegation is pleased tbat a consensus is
clcarly emerging today within the Council and the
international community on the direct Linkage between
the planned massacre of the Congolese people, the
sbameless looting of the resources of the Democratic
Republic of the Congo and the continuation of fighting.
Ail of this ends up seriously impoverishing our people.
5
URAnnex53
S/PVA317
My delegation is pleased that in order to delimit
the goal of its work, the Panel of Experts decided to
define and interpret the concept of "illegal
exploitation". This deals with all the extracting,
producing, marketing and exporting activities carried
out in the Democratic Republic of the Congo in
violation of its sovereignty, in violation of mining and
environmental measures and in violation of
intemational contractual and customary law.
We would remind the Council of the following.
First of ail, in the Corfu Channel case, in 1949
the International Court of Justice issued a ruling in
which it affirmed that among independent States,
respect for territorial sovcreignty is one of the essential
bases of international relations. The concept of
sovereignty includes exclusivity, autonomy and full
authority within the territorial region.
Secondly, General Assembly resolution 1803
(XVII) of 14 December 1962, entitled "Permanent
sovereignty over naturel resources," in paragraph 7
states that violatiog the rights of peoples and nations to
sovereignty over their natural resources and wealth is
contrary to the spirit and letter of the principles of the
Charter of the United Nations and hinders the
developrnent of international cooperation and the
maintenance of peace.
The report of the Panel of Experts describes most
eloquently the structures used by the occupying forces,
namely, Rwanda, Uganda and Burundi, wbose
iniqllitous and villainous methods are \lnequalled in the
darkest chapters of modem history.
Deatb threats against the members of the Panel of
Experts are uoacceptable. It is up to the Security
Council, which gave them their mandate, to ensure
their security and to require that ail States concemed
cooperate fully with the United Nations so that the
truth can burst forth.
The greed of the aggrcssor countrics bas sown
death and destruction throughout my country. The
Council will recall the terrifying figures cited by Ms.
McAskie, Emergency Relief Coordinator ad interim, in
ber report on 28 November 2000. The report noted the
16 million Congolese who were directly affected by the
war of aggression - that is 33 per cent of the entire
population of the country. Two million died as direct
and indirect victims of the war, including
approximately 600,000 children under five years old.
6
URAnoex53
Many other millions of innocent Congolese civilians
have become refugees in other countries or are
internaJly displaced. These figures have been
confinned by the European Office of Humanitarian
Assistance and the International Rescue Committee,
which reported on nearly 3 million dead in the areas
occupied by the aggressors. This is an appalling,
intolerable situation.
The Council will recall the massacres of pcaceful
Congolese civilians, the assassinations and murders of
civilians and Congolese prisoners, the deportation of
entire populations, attacks on individuels, rape and the
deliberate sprcading of the AIDS virus.
The Council should remember the suffering of the
city of Kisangani, where three limes the Rwandan and
Ugandan troops clasbed, bombing residential areas,
cultural objects and places of worship despite their
being protected by the provisions of article 53 of
Additional Protocol 1 to the Geneva Conventions of 12
August 1949, and thus causing loss of human life,
especially among the vulnerable, mostly womcn and
children. Following these hateful acts, the Council
adopted resolution 1304 (2000) of 16 June 2000 and
called for the immediate, unconditional withdrawal of
Ugandan and Rwandese troops. Wc deplore the fact
that today, about a year later, dcspite measures taken by
the International Court of Justice in The Hague last
July, the city is stiU occupied.
More recently in Ituri, Ugandan troops caused
deadly clashes between the Hema and Lendu, two
important ethnie groups in our Orientale province, who
until then were living in peace.
On the moral, material and pbysical levels, the
damage that has been done is enormous. The
Congolese people, who warmly welcomed the report of
the Panel of Experts, are now entitled to call for
appropriaie reparations pursuant to article 91 of
Additional Protocol 1 of the Geneva Conventions. lt
provides that a party to a conflict which violates the
provisions of the Conventions and the Protocol shall, if
the case demands, be liable to pay compensation. It
shall be responsible for ail acts committed by persons
forrning part of its armed forces. Paragraphs 87 to 93 in
the report of the Panel of Experts clearly indicate the
names of individuels implicated in the looting.
Let me offer a few arguments proving that what
has happened in my country did not happen by chance,
but was rather prcmcditatcd and carefully planned. On
31 August 1998, my Govemment submitted a
memorandum on the armed aggression by the
Rwandan/Ugandan coalition against the Democratic
Republic of the Congo. The memorandum, issued as an
official document of this Council, showed how
powerful alliances of interests made use of the move by
aggressor countries to serve their goal of dismembering
Central Africa for the purposes of economic
domination and control of the sources of important raw
materials.
The geographic zones of expansion of this
Balkanization strategy extend from the north of the
mining province of Katanga to the southem Sudan,
passing through the forests of the province of
Maniema, the Ruzizi valley in South Kivu, the
province of North Kivu and Orientale province. These
vast geographical areas contain enormous, coveted
wealth, such as strategic minerais, gold, diarnonds, oil,
niobium, columbo-tantalite (coltan), timber, coffee,
quinine and so forth.
At the environmental level, the illegal
exploitation of natural rcsources and other forms of
wcalth of the Dcmocratic Republic of the Congo, in
violation of ils sovereignty, bas had devastating and
perhaps irreversible consequences for the management
of the flora and fauna. Entire national parks -
Virunga, Garamba, Salonga, K.ahuzi-Biega - that were
classified by UNESCO as the heritage of mankind have
been completely devastated. First they were victims of
the flood of Rwandan refugees and people displaced by
successive conflicts. Then the parks became the target
of poaching established as a practice of war and of
organized illicit trafficking.
My delegation made a heartfelt appeal to the
Security Council that it should call on the international
community to react and help us protect unique species.
Because of the savage slaughter with automatic
weapons by the occupying forces, Congolese elepbants,
bonobos, gorillas in the eastem plains, mountain
gorillas, chimpanzees, baboons, white rhinoceroses,
okapis and Congolese peacocks are ail being
extcrminated.
As a result of this enormous undertaking, only the
people of the Congo are losing. Continuation of this
unjust and senseless war and the illegal exploitation of
the natural resources and other forms of wealth have
greatly increased the suffering of our people.
S/PV.4317
We were outragcd to hear that even yesterday
Uganda was being praised by the Bretton Woods
institutions whcn al the same time the report of the
Panel of Experts, in paragraphs 187 to 190, shows how
the systematic looting of Congolese resources bas
directly contributed to improving the balance of
national accounts in that country and in Rwanda. The
fact that our aggressors are on the list of countries
benefiting from the Highly Jndebted Poor Countries
Debt Initiative is seen by my people as rewarding them
for their crimes.
My country endorses the recommendations by the
Panel of Experts in paregraphs 236 to 242. These relate
to reparations and compensation for the Congolese
people and show that il is necessary to set up a
framework for the reconstruction of the country. To
that end, the conditions should be created to bolster the
powers of the State and to enable it to provide
improved safety and security for people throughout its
national territory.
In paragraph 239 of its report, the Panel of
Experts recommends the establishment of an
international mechanism that will investigate
individuals named in that paragraph as being involved
in economic criminal activities. Thet 11st should be
expanded to include those named in paragraph 211 as
being on the verge of becoming the godfathers of this
illegal exploitation. My Government considers that the
Council should act swiftly on the basis of these
relevant recommendations.
With ail due respect for Rwanda, the systematic
looting of the natural resources of the Democratic
Republic of the Congo has helped finance and support
the wer in my country. My delegation would recall that
pillage is prohibited under article 33 of the Fourth
Geneva Convention relative to the Protection of
Civilian Persons in Time ofWar.
The eggressors bear the shame of claiming to
teach the people of the Congo a lesson in democracy
and good govemance. But in fact, they are bands of
looters. They wiU answer to history for this berbarism,
which will go down in the annals of mankind, along
with tbeir attendant atrocities and massacres.
I wi.sh most sincerely to thank Angola, Narnibia
and Zimbabwe, which have corne to my country's
assistance in the framework of the self-defence
provisions of the statute of the Southern African
Developmcnt Community and in conforrnity with the
7
URAnnex:53
S/PV.4317
relevant provisions of the United Nations Charter. I
must point out that, in the absence of the aggression of
which the Democratic Republic of the Congo is victim,
the allied troops of Angola, Namibia and Zimbabwe
would certainly not be on Congolese territory.
My Govemment wishes also to pay hearty tribute
to the entire Congolese people, whicb bas tirelessly
stated, loud and clear, its devotion to the Congolese
nation and its keen wisb to coexist witbin a united,
strong country, in line witb the founding accord of the
republic and witb the self-detennination achieved on
30 June J 960.
My delegation assures the Council and the
international community that His Excellency Major
General Joseph Kabila, President of the Republic, is
determined on behalf of the Congolese people to
restore peace through a diplomatie solution to the
conflict. On 2 February 2001, the Security Council
heard His Excellency Major General Joseph Kabila,
President of the Republic, speak at length about the
illegal exploitation ofnatural resources and other forms
of wealth in my country. That exploitation must end
immediately: the consequences for present and future
generations are already extremely grave.
The illegal exploitation of the mining resources
of the Democratic Republic of the Congo by aggressor
States and their nationals violates the right of the
Congolese people to self-determination. It also violates
the principle of the territorial integrity and sovereignly
of the Democratic Republic of the Congo, which the
Security Council bas repeatedly reaffirmed in ail its
resolutions on the situation in my country.
With a view to attaining the peace demanded by
my people, and in the light of the gravity of the
situation, my Governrnent calls on the Security Council
to call for proteetive measures comprising an embargo
on looted products in transit through, inter alia, Kigali,
Bujumbura and Kampala. And principally we call on
the Council to implement ail the recommendations of
the Panel of Experts on the Illegal Exploitation of
Natural Resourees and Other Fonns of Wealtb in the
Democratic Republic of the Congo, ineluding: order
the demilitarization of the city of Kisangani,
reparations for malerial damage, and compensation for
the population in accordaoce with resolution 1304
(2000) of 16 June 2000; state that only the total and
final withdrawal by the aggressors can guarantee an
end to the looting of the wealth of the Democratic
8
URAonexS3
Republic of the Congo; reeognize the grave moral,
material and physical damage suffered by the
Congolese people as a result of this war and the
concomitant mafb-like activities; order meaoingful
reparations for that damage in order to restore the
rights of the Congolese people; and order that legal
action be taken against the perpetrators of this looting
and their accomplices.
The President: I thank the Minister for Foreign
Affairs and International Cooperation of the
Demoeratic Republic of the Congo for the kind words
be addressed to me.
The next speaker is the Special Envoy of the
President of the Rwandese Republic, His Excellency
Mr. Patrick Mazimpaka, on whom I now cal!.
Mr. Mazlmpaka (Rwanda): My delegation would
like to congratulate you, Sir, oo your assumption of the
presideney of the Council for the month of May. Our
congratulations also go to your predecessor, Sir Jeremy
Greenstock, for a job well doue last month. I wish to
Lbank you and, through you, the Security Council for
convening this open meeting, at which delegations can
express themselves on the contents of the report of the
Panel of Experts on the Illegal Exploitation of Natural
Resources and Other Forms of Weelth in the
Democratic Republic of the Congo, document
S/2001/357 of 12 April 2001, which bas just been
presentcd to the Cou.oeil.
Rwanda fuUy cooperated with the Panel, as is
rightly recognized in the report; since the publication
of the report we have put forward the reaction of the
Govemment of Rwanda, which is set out in document
S/2001/402, to which reference bas been made, for
everybody to read tbrough in order to see our detailed
comments.
We believe that the mandate given to the Panel
was not carefully defined; this led to contentious
inlerpretations. In our view, there are four major issues
lhat made the Panel of Experts produce a report that we
do not endorse.
Firsl, the report interpreted "iUegality" to mean
activities carried out without the consent of a
legitimate Government or of an authority exercising
power and contrai over territory. Those concepts,
whieh are generally accepted, are, in the context of the
Democratic Republic of the Congo, defined also in the
Lusaka Ceasefüe Agreement: article m, paragraph 18,
stipulates that State administration shall be exercised
by the Congolese signatories until new institutions
emanating inter-Congolese dialogue are set up. That
has not yet happened. Since that Agreement received
and, we hope, continues to enjoy the support of the
Council, we would have expected the Panel to adopt
the letter and spirit of the Agreement.
Secondly, the Panel extended the definition of
natural resources and other forms of wealth to include
services, transport, finance, and other movements of
goods and people. In our region, these are regulated by
multinational agreements, which include those between
our three countries - the Democratic Republic of the
Congo, Burundi and Rwanda - and the conventions of
the Economie Community of the Great Lakes Countrics
(CEPGL), as well as regional arrangements, such as
those under the Common Market for Eastern and
Southern Africa (COMESA) and the Northern Corridor
arrangement; these conform also to World Trade
Organization conventions.
Ignoring these historical tics amoog the peoples
of the region is prejudfoial to the socio-economic wellbeing
of the people of the region, and more particularly
those of the Democratic Republic of the Congo eut off
from Kinshasa, who have been historically linked to
the world through eastem routes through Rwanda,
Burundi and Uganda.
Thirdly, the sources cited by the Panel do nol
reflect the efforts that the Government made to
facilitate access to information. The Panel had an
opportunity to meet Rwanda's head of State, President
Paul Kagame, for two hours. Nothing in the report
indicates that the Panel benefited from that meeting. It
is also truc that none of the conclusions were put to the
President for discussion. The same goes for the large
number of ministers and officials who made themselves
available to discuss the issues with the panel.
Fourthly, the private sector, which was
characterized as pivotai in the illegal exploitation, was
never contacted to clarify thcir business practices or
credentials to the Panel. Thal is against the norms of
natural justice.
We can only conclude that the panel relied on
un.acceptable sources variously described in the report
as deserters, a "high numher of insiders living in the
Democratic Republic of the Congo and in Europe"
(S/10011357, para. Il) and "reliable sources" (ibid .•
passim) that are not identified. One wonders why the
S/PV.4317
Panel could not appreciate that such politically
motivated sources would only give information to
serve their own political agendas. Deserters would in
normal circumstances be defectors from one side to
another, and would only slur the side they had left.
We find il unusual that a panel of experts would
evaluate its own report, pass judgemeot and impose
punitive measures - as this one did - and that it
would do that oo the basis of a report that the Panel
adroits is today only 70 per cent complete. It surely
should not include condemnations of heads of Statc and
their families, companies and individuals without
meeting the burden of proof of guilt. The way heads of
State are treated in this report is simply unacceptable
and sets a dangcrous precedent.
Since the report concludes that economic reasons
bave superseded the security concerns of Rwanda,
allow me to reiterate the reasons why Rwanda bas had
to defend ils citizens against a murderous war waged
from the Democratic Republic of the Congo.
Members of the Cou ne il may recall that, after the
genocide of 1994, the Security Council was on
numerous occasions seized of the malter of the
precarious security conditions caused by Interabamwe
militia and ex-Rwandese Armed Forces (FAR) soldiers
in refugee camps in Zaire. No solution was found by
this body. Il became necessary for Rwanda and its
allies to find a solution to tbat situation. r am glad 10
say that Ibis was donc with a measure of success,
because l .5 million refugees were able to retum home
and security was restored to Rwanda for a while.
Howevcr, the situation changed dramatically when the
Alliance of Democratic Forces for the Liberation of
Congo-Zaire (AFDL) Govemment of President Laurent
Kabila decided to regroup and rearm tbose forces.
Once again, appeals to the United Nations to
avert the looming crisis multiplied. The Security
Council set up an Tntemational Commission of lnquiry
that established beyond a reasonable doubt the
existence of well-organized forces bent on
destabilizing the Great Lakes region. Those included,
and were organized around, the lnterahamwe and exFAR
militia, which at the time numbered 70,000. The
report contained in document S/1998/1096 described as
profoundly shocking the network of forces from
Rwanda, Burundi, Angola and Uganda, the unhindered
flow of arms to them, and the support they were
receiving from the Government of the Democratic
URAnnex 53
S/PV.4317
Republic of the Congo. At Lhal lime western Rwanda,
the prefecture of Gisenyi, Ruhengeri, Kibuye and
Cyangugu and parts of Byumba, Kigali and Gitarama
were described as red zones by United Nations
agcncies because of insecurity duc to incursions by
lhose forces based in the Democratic Republic of the
Congo.
The situation changed dramatically when
Rwandan forces were able to put an end 10 those
infiltrations and push those forces back into the
Democratic Republic of the Congo - hclped that time
by a rebellion against the Kabila Govemment Security
was gradually restored in Rwanda and, though not
completely to date, in North Kivu. That situation
enabled Rwanda to continue 10 repalriate refugees and
to reintegrate them inlo our Society. Close to 100,000
refugees have returned in the last six months atone, and
a total of 18,000 ex-FAR soldiers have been
reintegrated in the national army - the Rwandan
Patriotic Army (RPA) - al command, staff and other
ran.ks. The improvement in sccurity and other
developments in the human rights area convinced the
Special Rapporteur to recommcnd, succcssfully, thal
the Commission on Human Rights put an end to its
monitoring of Rwanda. We hopc that this can be
achieved in the whole region once we succeed in
putting ao end to the activities of the neg~tive forces.
The war in the Democratic Republic of the Congo
brought in several countries and gencratcd rebellions
against the Government. In a genuine attcmpt to find
solutions to the multiple causes of the conflict, the
belligerents negotiated the Lusaka Ceasefire
Agreement with the assistance of countries of the
region. That Agreement addresses the sovereignty of
the Democratic Republic of the Congo, including
control over its resources, the rights of the Congolese
people and the security of neighbouring countries. The
Lusaka Agreement provides for mechanisms to rid the
Democratic Republic of the Congo of ail the negative
forces. That is a task the Security Council can ignore
only at the pc.ril of the Democratic Republic of the
Congo and the region. Signatories to Lusaka, today at
least, appear to be working in tandem to implement the
Agreement as it is, and need unconditional support
from this body. At lhis stage, the implemcntation of
both the Lusaka Agreement and Security Council
resolution 1341 (2001) is ofparamount importance.
We are also busy preparing plans for the
disarming of the forces upon which the Security
10
URAnnex53
Council had imposed sanctions in connection with
reanning through resolution 918 (1994). Had the
Council reinforced that resolution, the Lusaka
Agreement would be far advanced today and the
situation in the Democratic Republic of the Congo and
the region would ccrtainly have improved. We urge the
Council to re-examine ils resolutions on the situation,
and in particuJar with regard to the activities of the
Jnterahamwe and ex-FAR troops, namely, resolutions
918 (1994), 997 (1995), 1011 (1995), 1013 (1995) and
1161 (1998), as well as the lettcr contained in
document S/1998/438 and the report contained in
document S/1998/1096. We also urge the Council to
takc action without further delay so as to neutralize
these groups and their musbroomiog allies - such as
the Forces pour la défense de la démocratie (FDD) and
the Mayi-Mayi. Ali couotries sbould be discouraged
from cootinuing to support these forces by ail means
available to the Council.
Il came to our attention that the Panel is seeking
the extension of its mandate to do what it terms the
remaining 30 per cent of the work to be donc. The
Council may recall that in Fcbruary 2001 the
preliminnry report was considered inadequate and
inaccurate. At that time we pointcd out those
inaccuracies. To our lcnowledge, the Panel ncver weot
back to the field to cross-check the information. Wc are
also forccd to deal with a "final" report that the Panel
itself adroits to be only 70 per cent donc, and on the
basis of whicb Rwanda, its leaders and its citizens are
unreservedly condcmned. Such a request is simply
meant to pre-empt reactions from people and countries,
like Rwanda, that have been wrongly accused by the
Panel.
Rwanda proposes that this report should be
dropped altogether because it is inaccurate and
inconclusive and does not in any way intcrprct the
wishes of the Council. [t does not reflect the genuioe
desire of members to establish the state of affairs in the
Democratic Republic of the Congo so as to rccommend
ways and means of rectifying the situation, in the
interest of the Congolcsc people. It does not do justice
to countries like Rwanda, which went out of its way to
cooperate with the Panel.
However, should it please the Council to rcopen
the investigations and correct the numcrous lacunae in
the report just presented, thcn Rwanda wishes to
propose the following.
First, the Council and the Member States which
are the subject of this investigation should agree on the
terms of reference and spell out the appropriate
methodology. Secondly, clear definitions of terms
loosely used in the previous report, such as "illegal",
"legitimate", "power" and "control", should be
established in relation to the specific and unique
political situation prevailing in the Democratic
Republic of the Congo and in the region. Thirdly,
treaties, agreements and protocols governing the trade
regime in the region should be duly recognized. And
fourthly, the responsibilities of countries of destination
of the resources sbould be determined with regard to
both import and export activities.
My delegation respectfully wishes to urge the
Security Council to keep on course insofar as securing
peace and security in the Great Lakes region is
concemed. The Council will be encouraged to know
tbat, since the last meeting between the Council and the
Lusaka signatories, the commitrnent to the
implementation of the Lusaka Agreement demonstrated
then bas borne some fruit. The disengagement exercise,
in spite of a few problems, is effectively complete.
Joint planning between the Joint Military Commission
and the United Nations Organization Mission in the
Democratic Republic of the Congo (MONUC) for the
disarmament, demobilization, repatriation and
resettlement of negative forces is under way, as
envisaged by resolution 1341 (2001 ). The interCongolese
dialogue, crucial for re-establishing
common State authority over the whole Congolese
territory, was due to be launched in Lusaka this
moroing. The concept of the plans for the final
withdrawal of ail foreign forces from the Democratic
Republic of the Congo was approved last mooth, and
planning will start soon.
The Lusaka process provides us with lhe only
realistic and long-lasting approacb to the problems of
the Great Lakes region. Rwanda believes that its
security concerns cannot be minimized by any other
considerations. It believes also that in Lusaka ail the
parties will find equitable solutions to the problems
that face their respective countries. The Security
Council and the whole United Nations system should
continue to accompany our countries in the quest for
the successful and timely implementation of the Lusaka
Ceasefire Agreement as it is.
S/PV.4317
Tlie President: I thank the Special Envoy of the
President of the Rwandese Republic for the kind words
be addressed to me.
The next speaker is the Minister of State for
Foreign Affairs and Regional Cooperation of Uganda,
Mr. Amama Mbabazi, to wbom I give the floor.
Mr. Mbabazt (Uganda): It is an bonour for me,
on behalf of the delegation I lead and of my country, to
address tlûs important meeting of the Security Council
on the final repo,t of the United Nations Panel of
Experts on the lllegal Exploitation of Natural
Rcsources and Otber Forms of Wealth in the
Democratic Republic oftbe Congo.
I am particuJarly happy to sec the presidency of
the United States once again taking an interest in the
search for a lasting peace in the Great Lakes region.
We can only assure you., Sir, of our readiness to render
Uganda's full cooperation to enable you to achieve thi.s
noble objective.
We are equally grateful to Her Majesty's
Government of the United Kingdom for the able
leadership of Her Majesty's Permanent Representative,
Sir Jeremy Greenstock, wbose presidency last month
made the necessary preparations for this meeting.
The Government ofUganda is most obliged to all
of the members of the Security Council for the onerous
task of the maintenance of international peace and
security, which they all render to the world on behalf of
the United Nations.
The Govemment ofUganda welcomes the release
of this report. I wish to thank you once again. Mr.
President, as well as the Council, for giving us the
opportunity to respond to its contents. I will present to
the Council Uganda's response in full. This respoose
covers all of the allegations against Uganda in the
report. I have also attacbed the persona! response of
President Museveni of U ganda, a copy of which be bas
already sent to the Secretary-General and wbich bas, I
hope, already been circulated to Council members.
Allow me therefore, in the short time I have, to
give the Council a surnmary of tbis response. My
summary, like the response itself, will cover threc
areas. First, we will talk about the principle itself of
investigating these allegations. Secondly, we will make
comments on the contents of the report, and especially
on the quality of the evidence presented. Finally, we
will talk about the way forward.
Il
URAonex53
S/PV.4317
The report of the Panel raises important issues to
be investigated which are of interest to Uganda. ln
1998, Uganda and Rwanda heard of some allegations
made against some officers of our armies operating in
the Congo. At the summit held in Kampala in October
J 998, a decision was made to establish a ministerial
probe committee - which I was privileged to co-cbair,
along with my colleague the head of delegation of
Rwand/l - to look ioto tbose allegations.
It was as a result of those allegations tbat
President Museveni, in his capacity as Cornmander-inChief
of the Ugandan People's Defence Forces, issued
an order dated S December 1998 to all Ugandan troops
in the Democratic Republic of the Congo and
Government officials proh.ibiting them and their
families from engaging in any trade in the Congo. lt
will be of interest to the Council to know that since that
tirne, that order has been actively enforced and that
some people who have fallen afoul of it have suffered
disciplinary consequences.
We therefore support and welcome the principle
of investigation. We take note of the Panel 's serious
allegations that, although the Ugandan Govemment is
not institutionally involved, as the report States in
paragraphs and 7 and 85, top Ugandan military officers
and civilians are involved in the illegal exploitation of
resources in the Democratic Republic of the Congo.
This is the first time that allegations of illegal
exploitation have been speeified, and we weleome the
opportunity to put these matters to rest.
In the case of the military officers and civilians
who are mentioned in the report, and in the case of the
Department of Forestry, which is alleged to have
colluded with private companies in a scheme to
facilitate the certification of timber from the
Democratic Republic of the Congo illegally, I am
happy to infonn the Security Council that the
Govemment of Uganda has decided to establish a
judicial commission of inquiry on this matter. The
commission will be independent; it will work openly
and transparently. The actual composition will be
announced in due course in Kampala.
Having said that, l should like to say that Uganda
bas serious problems witb this report. The report has
fundamental flaws in it. The first flaw is the very basis
on whicb it is founded: the definition of illegality. The
Panel defines illegality as meaning the violation of
sovereignty, and says that, according to Ibis Council's
12
URAnnex53
understanding of the definition, ail activities in the
Democratic Republic of the Congo which are taking
place without the consent of the Governmenl in
Kinshasa are illegal. It goes further, saying that that
interpretation suggests that only non-invited forces and
their nationals are carrying out illegal activities in the
Congo. Finally, the Panel deems illegality to be the
carrying out of an activity in violation of regulations
established by the Government in Kinshasa, stating that
that definition is based on the Security Council's
understanding of the tenn illegality.
We have a very serious problem with that
definition in many ways. First of ail, as the Council
knows, Uganda fully participated in the debate when
the resolution establishing the Panel to investigate this
malter was adopted by the Security Council. This
question of legality or illegality was, indeed, debated in
the context of wbether the investigation sbould cover
the whole of the Congo or part of the Congo. The
argument that the investigation should caver only the
eastem Congo was based precisely on the question of
legality and legitimacy. But there was an argument,
clearly presented by my colleague from Rwanda, that,
in fact, the Lusaka Agreement clearly took care of Ibis
point, because it defined the question of legality during
the period of the implementation of the Lusaka accord.
Il was agreed that for that period, as provided for in the
Lusaka accord, the three Congolese parties signatories
to that accord - the Govemment of the Democratic
Republic of the Congo, the Congolese Rally for
Democracy (RCD) and the Movement for the
Liberation of the Congo (MLC), as it was theo
lcnown - would each be cbarged with the
responsibility of administering the area that it
controlled until State administration was re-established
after the national dialogue resulted in a oew political
dispensation in the Democratic Republic of the Congo.
This argument was presented to this Council and,
obviously, the Council, it its wisdom, decided that the
investigation should therefore cover the whole of the
Congo, not just part of it. I tberefore have no reason to
believe the Panel wben it says that this definition was
the understanding of the Security CounciJ.
Sccondly, if, indeed, that definition as stipulated
by the Panel in the report bad been intended, tbere
would have been no need to bave an investigation. It is
public knowledge that 40 per cent of the country is
under the contrai of the Govcmment in Kinshasa and
that the otber 60 per cent is under the control of rebel
authorities. [t is also common knowledge that normal
life - normal in the context of a war situation - goes
on in the areas controlled by the rebels. It would not,
therefore, have been necessary to establish a Panel to
investigate something that everyone accepted: the fact
that the central Government in Kinshasa had no
authority and was therefore not consenting to the
activities that were taking place in 60 per cent of
Congo, which would, therefore, have been declared
illegal straight away.
The importance of this point lies in the fact that
the rest of the report, and the rest of the investigation,
was based on the understanding that every activity -
the extraction of minerais, production of any kind and
any commerce or export in areas not controlled by the
Government - was illegal and therefore defined as
looting and plundering of the resources of the Congo.
We tbink that that is erroneous; it is an incorrect
definition of illegality, and we do not believe that that
was the meaning conveyed to the Panel by this
Council.
Of course, the results are obvious; they are selfevident.
Although the report says that the Panel did not
receive cooperation from the Govemment side and its
allies, there is no indication that there was actually a
serious attempt to carry out an investigation. lndeed,
the .report clearly discloses that the Panel acted on the
assumption that whatever bappencd on the side
controlled by the Govemment was legal and therefore
not subject to investigation.
The second flaw in this report is the quality of the
evidence presented. Most of the evidence is either
hearsay or falsehoods, and the Panel makes statemcnts
which are not attributed. As l said earlier, in our
rcsponse we tack.led the report paragraph by paragraph
to show that most of the evidence on wbich it is based
is, in fact, hearsay. I will pick out one exemple to
illustrate the point. Paragraph 27 of the report states
that
"Numerous accounts in Kampala suggest
tbat the decision to enter the conflict in August
1998 was defended by some top military officiais
who had served in eastem Zaïre ... and who had
had a taste of the business potentiel of the
region."
It does not give us the sources. However, we know that
these stories are abundantly available io the public
S/PV.4317
domaio in Uganda. They are in oewspapers; they are on
the strcets.
We think this is a vcry serious malter. Uganda has
given its reasons why it got involved in the Congo.
These reasons n.ot only were accepted by the
belligerents in Congo, but the security concems are
actually contained in the Lusaka Agreement. Indecd,
the Lusaka formula proposes to handle that specific
problem. So, if the United Nations Panel of Experts is
to contradict that position, to contradict what you, the
Council, have accepted in various resolutions, surely it
must present clear evidence that leaves no one in doubt
about its truthfulness and credibility - not numerous
accounts in Kampala.
If you go to Kampala, Mr. President, you will
find a lot of street gossip about what is happening in
the Congo and about what is happening in the Security
Council today. But if a panel of experts is going to
make recommendations that sanctions be imposed
against a country of 23 million people, surely it must
present evidence that is credible, that leaves no one in
doubt that what they are saying is true.
The Panel of Experts bas made statements in its
report that the members of the Panel lcnow to be falsc.
They acknowledged maximum cooperation rcceivcd
from the Govemrnent of Uganda. They were received
by the President, the Vice-President, the Prime
Minister, the Minister for Foreign Affairs, the Minister
of Defence, the Minister of Finance, the Mioister of
Transport, the Minister of Energy end Minerais, the
Minister of Forestry and ail sorts of other officiais.
Everyone they asked for they meL But regarding whet
they say in paragraph 11 and paragraph 89, that they
asked for individuals and their request was tumed
down - they named this specific individuel as
Brigadier General Kazini - I wou.ld tike to inform tbis
Council that this is not true. First of ail, they never
asked for Kazini. I saw this for the first time in their
report. Secondly, in fact, General Kazini met them, not
once, but twice. Thirdly, when they met the military
commander, General Odongo, he offered the Panel
specifically that if they passed out questionnaires or
asked for any officers in the Congo they wanted to
interview, he was ready to make these officers
available. Up to this moment, they have not made sucb
a request. So to report that they requested these
people - presumably they made these requests to the
Govemment ofUganda and the Govemment ofUganda
13
URAnnex53
S/PV.4317
turned them down - when they know this is false is
totally unacceptable.
On 6 March this yea.r, we communicated with the
Chairperson of the Panel on the follow-up to the
interim report, reconfinning our continued support for
ils work and inviting any questions, clarifications or
additional data, as well as extending another welcome
to the Panel to revisit Uganda before the tinalization of
the report. The Panel did not respond to tbis.
Wbat we find most despicable is the attack by the
Panel on the person of President Museveni. Let us look
at paragraph 211. I will read out a sentence:
"Presidents Kagame and Museveni are on
the verge of becoming the godfathers of the
illegal exploitation of naturaJ resources and the
continuation of the conflict in the Democratic
Republic of the Congo."
Godfathers are Mafia. Godfathers are those who
contrai criminel cartels, criminal syndicales. Therefore,
to cati President Museveni a godfather is a very, very
serious malter. Orto call President Kagame a godfather
is a very, very serious matter. There must be evidence
for them to justify this label. What evidence is there in
this report? None, absolutely n.one. The only time they
mention the name of President Museveni is to say that
be has a blood brother called General Saleh, who is
said to have sharcs in a company that is dealing in
business in the eastern Congo; that he bas a son who
bas shares in a business suspected to be doing business
in the eastem Congo; and that be bas a sister-in-law
who bas shares in a company that is dealing in business
in the Congo, ail of wbich, of course, is, by tbat other
definition, tcrmed illegal.
But even if it were truc that tbese relatives of the
President were in fact engaged in that business, is it
logical, is it normal to call the President, or anyone for
tbat matter, names; to give bim a label for the sets of
relatives without showing any evidence that be was
party to tbose actions?
The casual manncr in which the name of the
President bas been handled is totally unacceptable to
the people of Uganda. President Museveni is the head
of State of a Member country of the Un.ited Nations. If
you arc to call him names, surely you must have
evidence. They call him an accomplice to crime. Why?
Paragraphs 201 to 206 say that some rebel in the Congo
is alleged to have stolen money. The report was given
14
URAnnex53
to President Museveoi and he did not act against that
rebel; and therefore President Museveni quali fies as an
accomplice to crime.
We tind this despicable, we do not accept it and
we do not know how you wilJ handle this, Mr.
President, because it is setting a very serious precedent.
Even ordinary people's reputations are protected.
Obviously, au these aUegations against the name of the
President are calculated to injure the reputation of
President Museveni without cause. We demand an
apology, we demand that they be withdrawn and we
request that this C:>uncil look ioto this matter and take
appropriate action.
When we meet with the Secretary-General, we
know that this Panel, as a body of the United Nations,
enjoys criminal and civil imrnunities, but our view is
that the manner in whicb it bas treated the name of
President Museveni is an abuse ofprivilege.
Uganda therefore feels that the quality of the
report is so low that its value and credibility are
seriously diminished and undermined. That is why we
support the extension of the mandate of the Panel, in
the hope that a better job will be done. In this
connection, Uganda wouJd recommend that a new
panel be put in place or that the current one be
expanded, with a new chairperson, to inject some level
of professional competence, impartiality and serious
leadership into the investigation process. We believe
that it is also important to acbieve a level of balance in
the new panel of experts in order to make sure that bias
and prejudice are avoided.
Uganda has also leamed one lesson, an important
lesson: it pays not to cooperate with this United
Nations Panel of Experts. The Panel of Experts
acknowledges, as the Chairperson did this morning, the
maximum cooperation that Uganda rendered. This
ranged from meeting the President himself, the VicePresident
and others to giving the Panel ail the data it
requested. There was nothing tbat was not given. What
reward do we get7 Abuse of the President and
recommcndations of sanctions against the people of
Uganda. Wbat evidence is there tbat Uganda was
institutionally involved in the illcgal exploitation of
resources? Sorne individuals, numbering approximately
10, were involved, yet this Panel recommends that the
United Nations impose sanctions on 23 million
Ugandans. Why not ask for the arrest of tbose
individuals? On the other hand, countrics lhat arc
suspected of actually being illegally involved in the
exploitation of natural resources in the Democratic
Republic of the Congo have had their dubious interests
legitimized, if this report does so. Who bas said that a
sovercign St.ale cannot commit a crime?
Uganda believes that the cause of ail this is war
in the Congo. It is the absence of a stable, strong State
in the Democratic Republic of the Congo. Therefore,
we believe that the primary focus should be on creating
peace in the Democratic Republic of the Congo. This
can be only through the implementation of the Lusaka
Agreement. In this context, we would expect the
Security Council to bandle this matter with the utmost
care, because - and members have heard the language
used this moming - this report and what has been said
have seriously poisoned the atmosphere in the region
and have the potential of being diversionary from the
cause of pursuing peace through Lusaka. The
exploitation of natural resources is not the cause, but
the coosequence of the war and the absence of a strong
State.
Our view therefore is that the Security Couocil
should remain determined to play a leadership role in
the search for peace and stability in the Democratic
Republic of the Congo. I have been much more pleased
than I was the last tùne I visited this Council by its
level of involvement. Everybody is happy that the
peace process at long last appears to be moving
towards disengagement. The Political Committee bas
adopted a schedule of wilhdrawal of foreign forces.
National dialogue is on the move. Forces have moved.
Uganda bas moved seven battalions and will be moving
anotber two within the next few days, and we are
considering completely moving out. The Lusaka peace
process provides a unique opportunity to address the
security concerns of the Democratic Republic of the
Congo and ils neighbours and to create favourable
conditions for an internai dialogue on a new
democratic dispensation in the Democratic Republic of
the Congo. The withdrawal of au foreign forces and the
emergence of a strong and stable State are the only
guarantee of an end to the illegal exploitation of natural
resources in the Democratic Republic of the Congo.
The President: The next speaker on my list is the
Minister of Finance of Burundi. I invite him to take a
seat at the Council table and to make bis statement.
Mr. Nlbangaza (Burundi) (spoke in French):
Allow me at the outset to perform the pleasant duty of
S/PV.4317
congratulating you, Sir, and, through you, the
Govemment of the United States on your assumption
of the presidency of the Security Council for the month
of May. We are convinced that your presidency will
allow the work of the Council to progress on the path
towards peace throughout the world, in particular in the
Great Lakes region.
Let me also welcome the presence of the
Secretary-General, Mr. Kofi Annan, and commend him
for bis commitment to peace and development in the
world, in particular in the countries of the Great Lakes.
The Government of the Republic of Burundi bas
received the report in document S/2001/357, issued by
the Panel of Experts on the fllegal Exploitation of
Natural Resources and Other Forms of Wcalth of the
Democratic Republic of the Congo. We wish to draw
the Security Council's attention to the following points.
First, in its report, the Panel did not find
sufficient evidence to indict Burundi. In view of the
publicity in the media focused on the accusations
levelled against Burundi, anyone might have expected
to find a mass of very specific data in the report to
substantiate those accusations. lt will be noted from a
reading of the report that Burundi is named from time
to time, appearing in a perfectly ritual fashion on a list
of countrics to be targeted.
Tt is only in paragraph 105, on page 25 of the
English version of the report, that we find three
sentences that might be regarded as containing these
so-called accusations against Burundi. This is the
substance of the paragraph:
"An IMF office memorandum indicates tbat
'Burundi does not produce gold, diamonds,
columbo-tantalite, copper, cobalt, or basic
metals'. Burundi however bas been exporting
minerais it does not produce. As in the case of
Uganda and Rwanda, Burundi's export of
diamonds dates from 1998, coinciding with the
occupation of the eastcm Democratic Republic of
the Congo. The coltan exports span a longer
period (1995-1999), perhaps suggesting that this
might be a regular activity.''.
This is the only sort of accusation agaiost Burundi
contained in the report: a reference to an International
Monetary Fund (IMF) document of which there is no
trace; I have looked in Washington and hunted in my
country, and this IMF document does not exist. In
15
URAnnexSJ
S/PV.4317
short, paragraph 105 confinns that Burundi is not
involved in plundering the wealth of the Democratic
Republic of the Congo.
Secondly, paragraph 105 seems to suggest that
there are no minerai ores in Burundi and that there is
no trade with the Democratic Republic of the Congo.
This is quite astounding. Trade between Burundi and
the Democratic Republic of the Congo bas always
existed and includes a wide range of products. I would
like to infonn the Council that before the war
approximately 40 percent ofBurundi's exports went to
the Democratic Republic of the Congo, and the same is
truc today. As far as ores are concemed, the document
presenting the position of the Burundi Government,
which was submitted to the Security Council, provides
statistics that attest to Burundi's exploitation of gold,
cassiterite, coltan and tin.
It sbould also be noted that comptoirs for gold
and diamonds existed long before indepeodence, both
in the eastern Democratic Republic of the Congo and in
Bujumbura. They were run either by Congolese or
Burundians, or by nationals of other countries.
Thirdly, the grave nature of the conclusions on
Burundi contrasts with the lack of supporting data that
one would expect to find in the body of the report.
When we were in school, we were taught that the
conclusion of a composition should reflect the
substance of the body of the text. In the case of this
report, five whole pages of serious conclusions and
recommendations correspond to just thrce sentences in
the body of the report. This disproportion uodermines
the credibility of the report as far as Burundi is
concerned.
Fourthly, Burundi is still prepared to coopcrate
with the Panel of Experts. Despite the indiscriminate
way in whicb Burundi is implicated, the Govemmeot
of Burundi is still prepared to offer its full cooperation
with the Panel of Experts. lndeed, it intends to carry
out its own inquiry into the possible involvement of
Burundians. We recommend that the experts revisit
Burundi and interview people on both sides of the
border. To this end, Burundi is glad that the Security
Council has decided to extend the mandate of the Panel
of Experts.
Burundi has always stated that the deployment of
security arrangements on its border with the
Democratic Republic of the Congo was dictated by
security concems and by the necd to kecp open the
16
URAnnex53
trading corridor via Lake Tanganyika. My country bas
no political or territorial ambitions vis-à-vis any
neighbouring country.
In conclusion, the Govemment of Burundi refutes
the serious accusations that have been levelled against
il, and calls on the Security Council to take into
account the anomalies identified in the report where
Burundi is concemed.
Burundi takes the view that resolving security
issues between the Democratic Republic of the Congo
and its neighbours would end ail of the problems and
elements of tension associated with the state of
"subregional conflict". The report of the Panel of
Experts should not distract us from genuine security
concems. This is why Burundi once again states its
readiness to pursue a dialogue with the Govemment of
the Democratic Republic of the Congo and the other
partners of the subregion in order to sccure our
common borders and find long-terrn responses to the
underlying causes of the conflicts that are tearing tbat
region of Africa apart.
In this context, the Government of Burundi notes
witb concem that the Burundian rebcls and other
negative forces based in the Democratic Republic of
the Congo are shifting towards other rear bases in the
subregion with a view to provoking total war in
Burundi. The Government will shortly be making
proposais to the Security Council that will be aimed at
cnsuring that the successful implementation of the
Lusaka Agreement does not bave the unfortunate result
of causing the death-mongers to move into
neighbouring Burundi and other adjacent countries - a
situation that would imperil the Arusha Peace
Agreement and that we hope the international
community will not allow to develop.
The President: I thank the Minister of Finance of
Burundi for bis kind words addressed to me.
I shall now turn to members of the Council to
speak. It was important to hear the statements from our
guests this moming, particularly the Ministers. I would
like to note that r still have a number of speakers on my
list and the houris growing late. I intend to suspend the
meeting between I and 1.15 p.m. and to resume la ter in
the aftemoon, because we obviously will not finish
now.
Mr. Mejdoub (Tunisia) (spoke in French): My
delegation would like to express ils appreciation to Ms.
Safiatou Ba-N'Daw and the other members of the
Panel of Experts on the Illegal Exploitation of Natural
Resources and Other Forms of Wealth of the
Democratic Republic of the Congo for the significant
amount of work they bave done pursuant to the
mandate given to them by the Security Cou.oeil. The
reporl they have prepared is an extremely important
document.
My delegation would also like to welcome the
Ministers for Foreign Affairs of the Democratic
Republic of the Congo and Uganda, the Special Envoy
of the President of Rwanda and the Minister of Finance
of Burundi. Their presence here today bears witness to
the importance that those countries attach to thls
meeting and to this issue. Their contribution to our
debate is essential in clarifying certain aspects of the
matter under consideration so that we can objectively
assess the situation.
Our meeting is taking place at a decisive moment
in the implementation of the Lusaka Ceasefire
Agreement and the relevant resolutions of the Security
Council. This meeting is also being heldjust before the
Council's mission to the region to evaluate progress
made in the peace process. The Council 's mission will
take account, inter alia, of the links between the
exploitation of the resources of the Democratic
Republic of the Congo and the continuation of the
figbtiog.
ln its report, the Panel of Experts provides
sombre information about the scope of the illegal
exploitation of the natural resources of the Democratic
Republic of the Congo and about the continuation of
the cooflict. It also identifies a correlation between the
economic interests of certain outside actors and the
continuation of the conflict.
We attach the greatest importance to ending the
illegal exploitation of the natural resources of the
Democratic Republic of the Congo and to putting an
end to the war once and for ail. Il is a question of
reasserting the sovereignty and territorial integrity of
the Democratic Republic of the Congo and its
sovereignty over its natural resources, as the Cou.oeil
bas affirmed in its resolutioos on the Democratic
Republic of the Congo.
Unfortunately, as the Panel notes, it is the
Congolese people that is suffering the consequences of
the pillage of its resources and of the continuation of
the war. The people of Congo, who desire a better
S/PV.4317
future, are counting on the support of the international
community to end the war and the pillage of its
resources, and to restorc peace, security and stability to
the region.
The conclusions and recommendations of the
Panel of Experts are of great importance and could
have significant consequences for the Democratic
Republic of the Congo, for the region and for the
Security Coun cil's efforts with respect to the situation
in the region. They therefore merit our careful
consideration and frank and constructive dialogue with
the parties concemed.
We have heard the Minister for Foreign Affairs
and International Cooperation of the Democratic
Republic of the Congo express bis Govemment's
satisfaction with the report and describe the
expectations of the Congolese Govemment. We have
aJso heard high-level representatives from Burundi,
Rwanda and Uganda explain the views of their
respective Govemments. Indeed, the aim of today's
meeting is to enable the States named in the report to
provide th.e clarifications they deem appropriate or
useful with respect to what is very serious information.
Today's meeting and the talks the Security
Cou.oeil mission wiU have in the region will enable
more in-depth discussion of Council follow-up to this
malter in the ligbt of additional information from the
Panel of Experts and of its assessment of the situation.
ln our view, the report shouJd encourage the parties to
genuinely implement Council resolutions and to take
concrete steps to advance the peace process. In that
context, we expect the withdrawal of foreign forces
from the Democratic Republic of the Congo to be
swift, complete and final. Any new initiative by the
parties to that end would certaiuly be welcome.
White there bas been progress in the
implementation of the Lusaka Ccasefire Agreement
and of Security Council resolutions, a heinous crime
bas disrupted tha! progress: last week's murder, at
Bu.nia, Orientale Province of the Democratic Republic
of the Congo, of six members of the staff of the
International Committee of the Red Cross - four
Congolese, one Colombien and one Swiss - who gave
their lives in the cause of peace. Last Friday, the
President of the Security Council, on bebalf of the
members of the Council, condemned that heinous and
cowardly crime.
J7
URAnnex53
S/PV.4317
ln the light or tha.t grave event, we reaffirm the
need for ail parties lo respect the prin.ciples of
neutrali.ty and impartiality in the provision of
humanitarian assistance. We recall that it is the
responsibility of ail parties to ensure the safety and
security of United Nations and associated personnel.
Mr. Krokhmal (Ukraine): I would lilce to start
my statement by cxpressing our deep concem al and
our condcmnation of the cowardly murder of six staff
members of the International Committee of the Red
Cross in an ambush in Orientale Province on 26 April.
My Govemment conveys its sincere condolences to the
Govemments of the Democratic Republic of the
Congo, Colombia and Switzerland, and to the families
that have been so sadly affected. We stress the urgent
need to ensure that the safety and security of
international relief workers and of United Nations
peacekeeping and other personnel will be among the
Council 's priority tasks in the region.
Tuming to the work of the Panel of Experts on
the ruegal Exploitation of Natural Resources and Other
Forms of Wealth in the Democratic Republic of the
Congo, allow me to say that we are grateful to you, Mr.
President, for arranging this meeting of the Security
Council, whfoh enables countries with a direct interest
in this issue and countries accused of the illegal
exploitation of naturel resources of the Democraric
Republic of the Congo to participate and to help shape
the Council's action in this regard.
We are pleased to welcome the Foreign Minister
of the Democratic Republic of the Congo, the Foreign
Minister of Uganda, the Special Envoy of the President
of Rwanda and the Minister for Finance of Burundi to
this meeting; we have listened carefully to their
remarks.
We also would like to tbaok the Chairperson of
the Expert Panel, Ms. Safiatou Ba-N'Daw, for ber very
useful and informative briefing and for ail the work
that bas been donc by the Panel in fulfilling its
mandate, assigned through the statement of the
President of the Security Council dated 2 June 2000
(S/PRST/2000/20). Allow me to reiterate Ukraine's full
support for tbat statement and for the other relevant
Security Council decisions, the goal of which is to put
an end to the illegal exploitation of naturel resources of
the Democratic Republic of the Congo, which fuels the
conflict in that country.
18
URAnnex53
We thiok tbat the nature of the Panel's report is in
sbarp contras! to that submitted to the Council in
January, as it contaios numerous recommendations,
including coercive measures, which are the result of
the Panel 's review of the basic fonns of illegal
exploitation of natural resources of the Democratic
Republic of the Congo and of the collection of
extensive data on the structures engaged in such
exploitation and their financ ial, commercial and
transport activities.
It is of grcat conce.m to Ukraine that, according to
the report, the illegal exploitation of natural resources
of the country, in particular diamonds and other
strategic minerais, is considerable. We call upon ail
Govemments concemed to take immcdiate steps to end
such activities and to ensure compliance by their
iodividuals and corporations with legally acceptable
standards of business.
lt is of equal importance that they also provide
fu ll cooperation with the Panel in collectiog
information on ail activities of illegal exploitation of
natural resources of the Democratic Republic of the
Congo as well as in identifying the links between such
activity and the continuation of the conflict in that
country. This malter should be a principal focus of the
Security Council.
We beüeve that the Security Council should also
pursue an approach that links efforts aimed at cessation
of the illegal exploitation of natural resources and the
achievement of tbe desired political objectives in the
contcxt of the process of the iroplementation of the
Lusaka Ceasefire Agreement.
ln assessing the overall situation, my delegation
believes that it would be responsible on the part of the
Security Council to extend the mandate of the Panel of
Experts for a final period of threc months and to let the
Panel complete its action plan.
My delegation feels that the Security Council
should be given an opportunity to consider the whole
situation in question before it decides on the proposed
recommendations in tbis regard. We look forward to
receiving the Panel's final report.
Finally, l wou1d like to express my delegation's
full support for the statement tbat you, Mr. President,
will make at the end of this meeting. We are hopeful
that it will build on the international community's
efforts to restore the peace and nonnality that the
Democratic Republic of the Congo so sorely needs.
Mr. Ryan (Ireland): May I also wclcome the
Foreign Ministcr of the Democratic Republic of the
Congo, Mr. Léonard She Okitundu, the PersonaJ Envoy
of the President of Rwanda, Mr. Patrick Mazimpaka,
the Minister of State for Foreign Atrairs of Uganda,
Mr. ~marna Mbabazi, and the Minister of Finance of
Burundi, Mr. Charles Nihanga.za, and thank them for
their participation in this discussion.
May I also convey, on behalf of the Government
and the people of Ireland, our sympathy and
condolences to the Governments and the peoples of
Colombia, the Democratic Republic of the Congo and
Switzerland, and to the families of the murdered
representatives of the International Committee of the
Red Cross.
The report of the Panel of Experts is being
reviewed carefully by the Irish authorities. We support
an extension of the mandate of the Panel to allow it to
continue its work, and we look forward to receiving. a
comprehensive addendum to this report. yve hop~, m
particular, that this will provide the mtem~tional
community with a fuUer picture of the complex,ty and
the extent to which the exploitation of resources in the
Democratic Republic of the Congo contributes to
sustaining the conflict in the region. This would deepen
the understanding of the international community of
the range of issues which feed the conflict . in the
Democratic Republic of the Congo and asstst our
efforts to support the parties in advancing the peace
process.
Sweden, as Presidency of the European Union,
wilJ be making a statement later in today's debate.
Ircland subscribes fully to the position of the European
Union. 1 make the following points in my national
capacity.
The remit of the Panel was broad, focusing on
illegal exploitation and the link between exploitation
and the continuation of the conflict. The report of the
Panel of Experts makes some very serious alle~ations
against ail parties to the conflict Today's me~tmg has
given those countries against which allcgat1ons are
made an opportunity to respond.
Wc have hcard the concems of some parties
named in the report that the information is
unsubstantiated or incorrect. Nonetheless, the
S/PV.4317
allegations are of a sufficiently serious nature to r_nerit
thorough investigation by the relevant national
autborities. The Irish Government expects the parties
concemed to carry out su.ch investigations and to
extend every cooperation to the Panel of Experts in its
future work. No effort must be spared by the relevant
authorities to ensure that activities which undcrmine
the peace process in the Democratic Republic of the
Congo are halted and tbat the Congolese people can
finally be allowed to benefit directly from the natural
wealth of their own country.
In this regard, I welcome Minister Mbabezi's
announcement of his Govemment's decision to
establish an indepcndent judicial commission of
inquiry whicb will work openly ~nd transparently to
investigate the allegations relating to Uganda. I also
welcome Minister Nihangaza's declaration of his
Govemment's decision to investigate allegations and to
eooperate with the Panel du.ring its extended mandate.
At the same time, the conceros expressed by
some parties named in the report cannot be dismissed
out of band. An extension of the mandate of the Panel
will allow it, over the coming months, to pursue
further, in a thorough manncr, issues which it did not
have the opportunity to address in dep~h in the final
report. Jt will also facilitate further discussion witl1
parties that have expressed concem. with the fin~l
report. We strongly encourage al! parties to engage t~
further full and frank dialogue with the Panel as 1t
updates its report and assesses progress. We remind
those parties that have not extended full cooperation to
the Panel of their obligation to do so. Failure to do so
would seriously undermine their international standing.
This report i~ but one element in the wider efforts
of the international community to end the conflict in
the Democratic Republic of the Congo. As the Panel
proceeds with its work over the coming. °:1~n~, wc
will be looking at the impact of such activthes m the
context of the peace process and how the worlc of the
Panel can support that process. In particular, we will
look to progress from the parties on the three core
issues set out in the Lusaka Agreement The first is the
preparation and adoption of a precise plan and schedule
which, in accordance with the Lusaka Ceasefire
Agreement, would lead to the completion of the orderly
withdrawal of all foreign troops from the territory of
the Democratic Republic of the Congo. The second is
the preparation for immediate implementation of
prioritized plans for the disarmament, demobilization,
19
URAnnex53
S/PV.4317
reintegration, repatnataon or resettlement of armed
groups. The third is progress in the inter-Congolcse
dialogue.
The Security Council mission to the rcgion later
this month will provide the Council with an
opportunity to engage with the parties on the wider
dimension of the conflict in the Democratic Republic
of the Congo, focusing in parlicular on the three core
elements of the Lusaka Ceasefire Agreement. We urge
the parties to maximize the potentiel of that visit for
concrete progress and to use the occasion of the visit to
engage closely with the members of the Council on the
core obstacles to peace in the region.
Mr. Levttte (France) (spoke i11 French): I thank
you, Mr. President, for organizing this meeting on a
subject of particular importance. France's best wishes
go out to the United States presidency of our Council
this month.
I would like to thank the Sccretary-General for
his lcngthy presence among us this moming. I would
also like to welcome very warmly the Ministers of the
Democratic Republic of the Congo, Uganda, Rwanda
and Burundi, who are also prescnt in the Chamber.
As my colleaguc from Ireland bas said, the
Ambassador of Sweden will in a short while set out the
views of ail the countries of the European Union. As
my collcague has done, I too would likc to add some
comments in my national capacity as representative of
France.
The information contained in the Panel's report is
not, in fact, entirely new. Numerous elements had
already surfaced in the press, and non-governmental
organizations had also attested to the situation in
various ways. But this is the first time that an overall
picture of the looting of the resources of the
Democratic Republic of the Congo has been provided
to us. That picture is cxtremely disquieting.
l would like to commend the work done by
Ms. Ba-N'Daw and the other experts. The report of the
Panel is courageous and well docurnented. Il should be
stated clearly that we know that the safety of the
experts was at limes under threat. This is a matter of
concem for the wbole Council.
With regard to methodology, the Panel strictly
followed tbc mandate given to it by the Security
Council. This explains the large number of States
20
URAnnex53
investigated pursuant to the broad interpretation given
to the concept of illegality.
One conclusion must be drawn. Not only does the
looting of resources feed the conflict; today we may
even ask ourselves wbetber looting bas itself bccome a
motive for the continuation of the conllict. The
Security Council must henceforth take into account this
facet of the deadliest conflict currently besetting the
African continent. Ali of us recaJI the figures put
forward by New York's International Rescue
Committee: 2.S million deaths since 1998, 200,000 of
which were directly related to combat. These figures
are appalling. They demand action and mobilization on
the part of our Council and of all the parties.
The Council's responsibility is to work wilh ail of
the parties concemed to help end the looting, and this
report will help us do so. By a unanimous decision of
the Council, we will be extendiog the Pancl's mandate
for a three-mooth period. Over the oext three months
the Panel will keep us informed. It will further expand
its knowledge of this very important issue, and, in three
months' lime, it will present to us a fresh appraisal of
the situation.
In the Panel's work and in the mobilization of the
international community, it will be important to ensurc
that, bcyond the United Nations, the multilateral
institutions concemed and the countries involved ail
participate fully in this eodeavour. We would like the
Council to work in a spirit of dialogue with ail of those
involved.
From this standpoint, T should like to welcome
not only the presence of the Ministers around this table
but also the statements that they have made. We must
listen attentively to one another. We welcomc their
spirit of cooperation, and, in the same veio as my
colleague from Ireland, we would also like to welcorne
the announcement by Minister Mbabazi of the crcation
in Uganda of an independent commission of inquiry. I
welcome also the statement made by the Minister of
Finance of Burundi.
Ali of the countries involved must demonstrate
this same spirit of dialogue. For our part, we are
listening attentively and objectively to them. At the end
of the three months, whcn we have the additional
report, wc will consider in this Chamber possible
further measures, which may be necessary if the
progress that we hope to sec towards ending the looting
of the Democratic Republic of the Congo bas not bccn
achievcd.
Ali of the States involved must dcmonstrate a
spirit of dialogue. Sorne of them have cbosen no! to
state their position today, and J appeal to those not
present in the Chambcr and which have been
implicated to demonstrate the spirit of cooperation
sbown by the Ministers who are here today.
Above and beyond this report, I think that we
sboutd all kecp in mind the key objective that the
Security Council wishes to achieve in the Great Lakes
region. Our goal is to put an end to the conflict. Our
goal is the restoration of pcace - peace with sccurity
for ail. Ultimately, our objective is a retum to
economic development. Ali of this requires the
implementation of the Lusaka Agreement.
The United Nations is resolved to tend its fullest
support to that goal, but, of course, it is the actions of
the parties themselves that will make it possible to
advance in that direction.
Sir Jeremy Greenstock (United Kingdom): We
wannly wetcome you to the presidency, Sir, and I thank
you for your kind words cartier in this debate.
lt is very good to sec the Ministers of the
Democratic Republic of the Congo, Uganda, Rwanda
and Burundi bere with us today. lt has been elllremely
imponant for us to listen to lhcir statements and to
engage in a very necessary debate.
Like my two predecessors in tbis discussion, I
poi.nt to and fully support the statement which Sweden
will make on behalf of the European Union later on
today, but J want to make one or two remarks in my
national capacity.
The United Kingdom takes very careful note of
the work donc so far by the Panel of Experts on the
Illegal Exploitation of Natural Rcsources and Other
Forms of Wealth in the Democratic Republic of the
Congo. We thank the membcrs of the Panel for tbeir
diligence and their courage.
The report of the Panel addresses an issue of
considerable concem: the way the natural resources of
the Democratic Republic of the Congo are being used
to fuel the conflict therc. Tbere is more work to be
donc to shed light on this problcm, and wc thcrefore
support the C)(tension of the Panel 's mandate.
S/PV.4317
ln the presidential statement whicb the Couneil
will adopt later today, we set out guidclines for the
continued work of the Panel. Among other things, the
extended mandate will allow the Panel to pursue
further information which was not previously availablc
and to follow up responses to the Panel's report,
including the extremely important ones today. Wc
believe that an addendum to the Panel's work will
providc an opportunity to produce a fully balanced
analysi.s and to record, as far as possible, corroborated
evidence relating to ail parties to the conflict.
This is a kcy element, bccause one of the most
important things the work of the Panel bas done is to
bring this problem, of which wc had all heard reports,
closer to the surface. We now need a serious and frank
dialogue with al! concemed, but especially with the
parties to the eonflict. Today's debate is a start, and,
given the vigorous contributions we bave beard so far,
the debate is, of course, going to continue.
We and ail the parties agree that illcgitimate
exploitation bas to end. Tbat is a vitally important basis
of agreement. But there is also, of course, some
disagreemcnt on the precisc facts of what was and is
illegitimate exploitation. That is inevitablc, given the
circumstances in the Demoeratic Republic of the
Congo and the scope of the problem. We must engage
with each other and try to achieve greater clarity, but
we also need to focus on the primary goal herc, whieh
is not to punish or oarrowly to assigo blame, but to
tackle the problem in the interests of promoting the
wider pcacc process and allcviating the suffcring of the
Congolese people. It is their resources which have been
unscrupulously exploited for the benefit of others.
We do not regard resources as being the cause of
the conflict in the Democratic Republic of the Congo,
nor would addrcssing tbis problem alone solve that
confliet. But the natural resourees of that country have
become part of what fuels the conflict, so ail of the
parties must recommit tbcmselvcs to work across the
board to bring an end to the conflict. In that context,
the Panel might usefully focus, in the nellt threc
months of work, on better long-tcnn scetoral strategies,
eoncentra.ting on specific materials, for instance, gold,
diamonds and coltan.
Jt is vital for the future peace, stability and
development of the Democratic Republic of the Congo
that ils natural resources should work for the benefit of
its people. In addrcssing the abuses, we must also be
21
URAnnex53
S/PV.4317
prepared to help the Govemment and the people of the
Democratic Republic of the Congo to build effective
and transparent structures for legitimate exploitation
and trade in resources, including with its neighbours.
We therefore look to the Panel to establish a
comprehensive approach to the long-tenn aspects of
the problem which could help detennine the success or
failure of the future of our efforts to bring peace and
stability to the Democratic Republic of the Congo and
to the region.
The President: I thank the representative of the
United Kingdom for the kind words he addressed to
me.
Mr. Granovsky (Russian Federation) (spoke in
Russian): I should like first of ail to congratulate you,
Sir, on your assumption of the presidency; I am
confident that you will discbarge your dulies in the
most effective way possible. We would also like to join
others in welcoming the representatives of the
Democratic Republic of the Congo, Rwanda, Uganda
and Burundi who are participating in today's meeting
of the Security Council. We have listened very
carefully to the important statements they have made.
The Russian Federation is grateful to the Panel of
Experts, chaired by Ms. Safiatou Ba-N'Daw, for the
substantive report that it has provided on the illegal
exploitation of the natural resources and other forms of
wealth of the Democratic Republic of the Congo. We
arc disturbed by the infonnation that it contains about
the large-scale looting of resources, in violation of the
sovereignty and territorial integrity of the Democratic
Republic of the Congo. Howevcr, we do not believe
that the report should prompt the over-hasty adoption
of measurcs on the basis of an emotional response;
ratber, it should provide food for thought, as it contains
infonnation that we must study calmly and carefully.
Accordingly, wc support a threc-month extension of the
mandate of the Panel of Experts so that, at the end of
that period, it can submit an addition to the current
report, including commentaries by States named in the
report. We call on all the States mentioned in the report
to cooperate with the experts in their work and to
clarify carcfully the situation with regard to the natural
resources and other forms of wealth of the Dcmocratic
Republic of the Congo.
Illcgal activities, by whomsoever committed,
must be brought to an end, and the sooner the bctter.
Russia believes that, in the final analysis, il is the
22
URAnnex53
armed conflict that underlies the problem of the illegal
exploitation of the resources and other forms of wealt.h
of the Dcmocratic Republic of the Congo, just as it
underlies the problems of refugees, intemally displaced
persons and chi!d soldiers, human rights violations,
humanitarian crises and many other problems. Only
recently has there been some movement towards a
seulement of that conflict. We believe that movement
towards a political settlement in the Democratic
Republic of the Congo must be a priority for the
Sccurity Council. That is how we sec the Council's
dischargc of its rcsponsibilities under the Charter for
the maintenance of international peace and security.
Mr. Ouane (Mali) (spoke in French): I should
like first of ail to thank you, Mr. President, for having
convened this public meeting to consider the report of
the Panel of Experts on the Illegal Exploitation of
Natural Resources and Other Forms of Wealth of the
Democratic Republic of the Congo.
I note the presence at this important meeting of
the Minister for Foreign Affairs of the Democratic
Republic of the Congo, the Minister of State for
Foreign Affairs and Regional Cooperation of Uganda,
the Special Envoy of the President of the Rwandese
Republic and the Minister of Finance of Burundi. I
should also like to express my delegation's gratitude to
Ms. Safiatou Ba-N'Daw, Chairpcrson of the Panel of
Experts, and, through ber, to ail the members of the
Panel for the important work that they have carried out.
The report before us deals with a matter of
concem to tbis Council: the link between the illegal
exploitation of a country's natural resources and the
continuation of the conflict that is affecting it. In this
regard, I shouJd like first of ail to rcstate Mali's
position of principlc, which resolutely rejects any
illegal exploitatior. of the naturel rcsources and other
forms ofwcalth of a sovcreign and indepcndent State.
In this regard, my delegation believes that the
Security Council should thoroughJy examine the
information and recommendations contained in the
report with a view to putting an end to the plundcring
of the natural resources and othcr forms of weaJth of
the Democratic Republic of the Congo. Such
plundering is fuelling the continuation of the conflict.,
causing unspeakable suffcring to the Congolcse people
and destabilizing the whole region.
The message of this report is clcar: measurcs
must be taken to end the plundering of the naturel
resources and other fonns of wealth of the Democratic
Republic of the Congo. From this standpoinl, the
international community and the Security Council must
take steps to promote the peace process, which bas
recently taken a positive tum with the launching of
phase II of the deployment of the United Nations
Organization Mission in the Democratic Republic of
the Congo (MONUC). As the Secretary-General
emphasized in bis seventb report (S/2001/373) on
MONUC, everytbing must now be donc to promote the
successful transition to phase m.
In this context, we believe that the discussions
begun today should be continued, in particular during t
the Security Council's mission to the Great Lakes
region. lt is essential to maintain the impetus of the
Lusaka process, wbile respecting the territorial
integrity and sovereignty of the Democratic Republic
of the Congo as well as tbat of other countries in the
SIPV.4317
region, tbus contributing to the retum of lasting peace
and stabilily in the Great Lalces region.
Mali looks forward witb interest to the final
report of the Panel of Experts; we will then state our
views on the recornmendations contained therein. That
is why we support the request for an extension for a
further three montbs of the mandate of the Panel of
Experts.
In conclusion, I should like to join in condemning
the murder, in the Bunia area, of six staff members of
the International Committee of the Red Cross and to
express our condolcnces to their families.
The President: [f there is no objection, I propose
10 suspend the meeting for a lunch break.
The meeting was suspended al 1.10 p.m.
l3
URAnnex53
President:
Members:
Agenda
01-35889 (E)
United Nations S/PV.4317 (Resumption 1)
Security Council
Fifty-sixth year
4317 th meeting
Thursday, 3 May 2001, 3 p.m.
New York
Provisional
Mr. Cunningham . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (United States of America)
J;langladesh . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . Mr. Chowdhury
China . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Wang Yingfan
Colombia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Valdivieso
France . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Levitte
lreland ...... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Ryan
Jamaica . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miss Durrant
Mali . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Ouane
Mauritius . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Neewoor
Norway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Kolby
Russian Federation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Lavrov
Singapore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Mahbubani
Tunisia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Mejdoub
Ukraine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr. Krokhmal
United Kingdom of Great Britain and Northem Ireland. . . . . Sir Jeremy Greenstock
The situation conceming the Democratic Republic of the Congo
Letter dated 12 April 2001 from the Secretary-General addressed to the
President of the Security Council (S/2001/357).
This record contains the text of speeches delivered in English and of the interprclation of
speeches dclivered in the othcr languagcs. The final texl will be prinled in the Official Records
of the Security Cauncil. Corrections sbould be submillcd 10 the original languages only. They
should be incorporaled in a copy of the record and sent under the sigoalure ofa memberofthe
delegalion concemcd to the Chief of lhe Verbatim Rcporting Service, room C- 178.
IIIIIIUIIIIIIIIIHE
URAnnex53
S/PV.4317 (Resumptlon 1)
The meeting was resumed at 3.10 p.m.
The President: I should like to inform the
Council that I have received a letter from the
representative of Zimbabwe in which he requests to be
invited to participate in the discussion of the item on
the: Council'ij llgc:nda. In confunnity with the usual
practice, I propose, with the consent of the Council, to
invite that representative to participate in the
discussion, without the right to vote, in accordance
with the relevant provisions of the Charter and rule 37
of the Council 's provisional raies of procedure.
There being no objection, it is so decided.
At the invitation of the President, Mr. Jokohya
(Zimbabwe) look the seat reserved for him at the
side of the Councif Chamber.
The President: Before continuing witb the list of
speakers, I thought I would indicate that if any of the
visiting Ministers wishes to talce the floor again to
comment on what bas been said during the Council
discussion after Council members bave spoken, we
would wish to give him that opportunity, and I would
ask bis delegation to inform the Secretariat so that I
would know to give him the floor when the Council
members have finished speaking.
Mr. Wang Yingfan (China) (spoke in Chinese):
The Chinese delegation welcomes the Minister for
Foreign Affairs of the Democratic Republic of the
Congo, the Minister of State for Foreign Affairs of
Uganda, the Special Envoy of the President of Rwanda
and the Minister of Finance of Burundi. We welcome
their presencc at this open meeting of the Sccurity
Council.
The Chinese delegation appreciates the efforts
undcrtaken by the Panel of Experts and Ms. Ba-N 'Daw
in submitting the final report on the illcgal exploitation
of natural resources and other forms of wealtb of the
Democratic Republic of the Congo. We support the
President of the Council in convening this meeting to
listen to the views of the parties concemed. This will
help put an end to the looting and illegal exploitation
of the natural resources of the Democratic Republic of
the Congo.
Judging from the relevant information provided
by the Panel report, the illegal exploitation and looting
of the natural resources of the Democratic Republic of
the Congo have become rampant and are closely linked
2
to the continuation of the conflict. On this question,
like other countries, we believc: that the Security
Council should take appropriate measures to put an end
to this looting and illegal exploitation and should pave
the way for the proper resolution of the conflict.
Therefore, we endorse the extension of the mandate of
the Panel for an appropria te period of timc.
From what we have heard today at this meeting,
we understand that the report of the Panel has bad
various strong repercussions. While fuUy affirming the
efforts of the Panel, we aJso believe that the report bas
room for improvement. In some of the information
provided in the report, there is no clear distinction
between cases witb conclusive evidence and those with
evidence that is either inadequate or merely hcarsay.
We hope that, in the oext phase of its work, the Panel
of Experts will apply stricter standards. It sbould, in
particular, focus its work on the looting and illegaJ
exploitation of the resources of the Democratic
Republic of the Congo, address the principal questions
of significance and base its conclusions on bard
evidence.
For the sake of its domestic development and an
expeditious resolution of the conflict, the Democratic
Republic of the Congo, as a sovereign State, must
exploit its own natural resources. To link aU
exploitation of the natural resources of the Democratic
Republic of the Congo witb the continuation of the
conflict would contradict the facts and be inimical to
solving the problem of illegal exploitation. The conflict
in the Democratic Republic of the Congo is an intricate
and complicated one, involving sucb issues as the
withdrawal of foreign troops, the internai political
dialogue, the disannamcnt of anned groups, national
reconciliation and the security conce.ms of the
Democratic Republic of the Congo and its neighbours.
To a great extent, these issues are interconnected and
affect one another.
The international community, especially the
countries of the Great Lakes region, must work
together. The signatories to the Lusaka Agreement
need to implement it in eamest and expeditiously
translate into action the commitments made under it. In
order to solve the conflict in the Democratic Republic
of the Congo, it will be necessary in the long run to
ach.ieve reconciliation among ail nationalities and ail
political forces within the country.
URAnnex53
With respect to the externat environment, ail
countries in the Great Lakes region must enjoy peace
and stability on the basis of sucb norms of international
relations as .mutual respect for state sovereign,
territorial integrity and non-interference in internat
affairs; they must also coexist peacefully and develop
nonnal inter-State relationships. We have notcd that the
situation in the Great Lakes region bas recently
undergone some positive changes. The countries of the
region have had increasing contact and have made
positive efforts to improve inter-State relations. We
hope that the parties to the conflict will treasure the
bard-won momentum towards peace, take positive
measures in a proactive a.nd determioed way and with
statesmanlike vision and courage, and make effective
efforts to end the conflict as soon as possible and to
establish a peaceful and friendly environment
conducive to the continued existence and development
of the Great Lakes region.
The Democratic Republic of the Congo bas long
been mired in an intractable conflicL The country and
its people have experienced formidable hardships and
are faced with daunting challenges to put an end to the
conflict and achieve peace. Their post-conflict tasks
rapidly to cradicate poverty, achievc national
reconciliation and consolidate peace will be most
arduous. We appeal to the international community to
resort to ail possible ways and means to support and
assist the Democratic Republic of the Congo.
The Chinese Govemmcnt and people will, as
always, work with the international community and
continue to make tireless efforts in tbis regard.
Mr. Valdlvleso (Colombia) (spoke in Spanish):
My delegation congratulatcs you, Sir, on your wisdom
in including this debate among the fust actions on the
Council's programme of work for this month. The
subject of the illcgal exploitation of the natural
resources of the Democralic Republic of the Congo is
clearly related to the establishment of an environment
ofpeace and security in the Great Lakes region.
We wisb to express our pleasure at the presence
of the Ministers of Burundi, the Democratic Republic
of the Congo and Uganda; the envoy of the President of
Rwanda; and the members of the Panel of Experts on
the lllegal Exploitation ofNatural Resources and Other
Forms of Wealth of the Democratic Republic of the
Congo, which prepared the report. We bave listened
with attention and interest to the statements made by
URAnoex53
S/PV.4317 (Ruumpdon 1)
the representatives of those countries, wbich will allow
this Council and my own country's authorities to gain a
clearer picture of the facts relating to the disturbing
situation described in the report.
The exploitation of the natural resources of the
Congo is the subject of our deliberations today because
of its close connection to the persisteoce of the conflict
that continues to drain the lifeblood from that country.
According to recent figures, and as bas also been
mentioned at this meeting, that conflict has directly or
indirectly claimed over 2.5 million victims since 1998.
200,000 deaths have been caused directly by the
figbting, while the rest have been the result of famine
and diseases tbat have afflicted the population in the
inhospitable places to which they bave bad to flee in
escaping the violence.
In sucb circumstances, tragic events occur, sucb
as lest week's attack against the workers of the
International Committee of the Red Cross, to which a
number of speakers bave referred. We offer ou.r
condolences 10 the Congolese and other families tbat
bave lost Loved ones and we wish to offer thanks for
the expressions of sorrow and solidarity with us over
the loss of our compatriot ln that incident.
My delegation believes that, in principle, the
exploitation of the minerai, timber or agricultural
resources of a country - apart from the issue of its
legality or illegality - must be condemned by the
international community if it cont{ibutes to creating a
tragedy of such proportions. It is unacceptable thnt
millions of persans must live in fear and poverty in the
midst oftheir own country's natural wealth.
The report of the Panel of Experts on the Illegal
Exploitation of Natural Resources and Other Forms of
Wealth of the Democratic Republic of the Congo also
warrants the following comments.
First, we believe that the Secretary-General
followed the criteria laid dowo by the Council to select
the Panel of Experts, presided over by Ms. Ba-N'Daw.
We favour an extension of its mandate for tbree months
and we await with interest its final report.
Secondly, we have found the information and data
provided in the report on the persoos, armed groups
and countries that exploit and market the resources of
the Congo in order to finance the conflict 10 be
staggeriog. Without commeoting on the evidence
presented, whicb is under study, analysis and
3
S/PV.4317 (Resumptlon 1)
evaluation by our Govemment and our mission, we
believe that the Govemments and groups mentioned
should proceed independently to investigate these data
and convey the results of t.heir investigations to the
Panel of Experts during the following montbs of its
mandate.
Thirdly, we recognize that, for a long lime now
and because of its geographical location, the eastem
part of the Congo bas strong economic links to the
neighbouring countries. That is why it came as no
surprise to us that there is an active import-export trade
there. It is appropriate nonethelcss to prescrve the
mutual benefits of that trade with a vicw to the future
reconstruction of the economy of the Great Lakes
region. Any pcace conference for t.hat region should
take that aspect into account.
Fourthly and finally, we bave taken note of the
sanctions proposed by the authors of the report.
Sanctions are indeed a legitimate mechanism whereby
the Security Council can effect changes in the conduct
of the armed participants in conflict situations.
Nevertheless, before considering the use of this
mechanism, we have always advocated a respectful
dialogue conducive to cooperation with the
international comrnunity, such as the one we are
holding today. We would hope that this will hold truc
in the current instance.
I wish to conclude by stating our conviction that
any action by the Council on the item before us today
should be part of a vigorous effort to achieve a lasting
peace in the Democratic Republic of the Congo - a
peace that respects the sovereignty and territorial
integrity of the countries of the Great Lakes rcgion, and
that also takes into account their legitimatc security
interests.
It is in this spirit that my delegation has
expressed its wish to take part in the next mission of
the Security Council to that region of Africa.
Mr. Kolby (Norway): The Govemment of
Norway welcomes this open debate on the important
tapie of examining the link bctwccn the exploitation of
natural resources in the Democratic Republic of the
Congo and the continuation of the tragic conflict in the
Great Lakes rcgion. We welcome the participation here
today of the Ministers of the Democratic Republic of
the Congo, Rwanda, Uganda and Burundi as a sign of
their commitment to the issue and to a peaccful
solution to the conflicL
4
Wc tbank the Panel of Experts on the Illegal
Exploitation of Natural Resources and Othcr Forms of
Wealth of the Democratic Republic of the Congo for its
report. The report provides extensive information on
the complexity of the conflict and significant food for
thought for our further deliberations. Before
commcnting on the Panel 's report, I would, bowever,
like to make some general rcmarks.
Norway notes with concem the terrible toll the
conflict is having on the people, economy and
environmcnt of the Democratic Republic of the Congo,
and wc remain strongly concemed about the lack of
govemancc and continued violence, particularly in its
eastem regions. The Government of Norway strongly
condemns the recent murders of International
Committee of the Red Cross personnel in Orientale
Province and underlincs the need to hold the guilty
accountablc for this hidcous crime. Norway calls on the
parties to ensure the safety of ail international
personnel working to assist the region in its quest for
peace, security and development.
Furthermore, Norway continues to believe that
the Lusaka Ceasefire Agreement remains the path to a
peaceful and lasting solution to the conflict in the
Democratic Republic oftbe Congo and the Great Lakes
rcgion. We certainly hopc tbat the countries and the
various rebel groups involved in the conflict do not
forget this fundamental premise. We continue to urge
the parties to explore thoroughly ail political avenues
that might be available for finding a peaceful solution.
In our view the parties to the conflict have taken
significant steps since the adoption of Security Council
resolution 1341 (2001) in February of Ibis year. The
parties have begun the discngagemcnt proccss, and the
deployment of observers and liaison officers of the
United Nations Organization Mission in the
Democratic Repu!>lic of the Congo (MONUC) is
proceeding. Howcver, othcr key aspects of the peace
process, ootably demobilizatioo, disarmament,
rehabilitation and reintegration of the negative forces
operating in the region end a constructive intcrCongolese
dialogue leading to effective govemance of
the Democratic Republic of the Congo, remein
indispensable. We look forward to furthor signs of
political will and common pursuit among the parties to
achieve real progress in tbese regards.
The efforts to re-establish peaceful relations in
the Great Lakes region must take duc account of
economic agendas in conflict. The Panel report
URADnexS3
indicates that considerable illegal exploitalion of the
natural resources of the Democratic Republic of the
Congo is taking place. We fiod this deplorable and
appeal to ail parties to cease without delay ail
exploitation aclivities that fuel the conflict in the
Democratic Republic of the Congo. ln this regard, we
would likc to makc somc rcmarks rcgarding
cooperation with the Panel of Experts. In both
reports - the iolerim report of 16 January and the
report of 12 April - the Panel complains about the
lack of cooperation from certain countries, individuals
and private compan.ies. We regret that the Panel bas
faced "a problem of imbalance in the acquisition of
data" (S/20011357, para. Il) and that "This constraint
can be felt in the report." (ibid.) We would like to urge
all parties to cooperate fully and to provide the Panel
of Experts with relevant data as sooo as possible. We
will always need to ask ourselves what may have been
omitted in a report like this. Information bas corne to
our attention indicating that some private compaoies
involved in this exploitation business are ool
mentioned in the report. We would like to ask the Panel
of Experts to look into this malter.
Severa! members of the Security Council have
asked the Chairperson of the Panel of Experts to
provide the Couocil with a more assertive prescntation
of the find ings, separating bard facts from more loosely
based iofonoation. It is very difficult for the members
of the Council to distinguish between infonnation and
accusations tbat are based on primary data that can link
the accused parties to illegal exploitation with some
certainty, and the parts of the report that are based on
information obtained in interviews. If possible, the next
presentation should contain corroborative evidence
against those involved.
We agree with the assumption behind the mandate
of the Panel of Experts thal the parties to the conflict
are motivated by the desire to control and profit from
the natural resources. Moreover, we take note of the
indications that the parties finance their armies and
military operations by exploiting tbese resources. This
is reflected in the initial conclusions and
recomrnendations of the Panel. My delegation supports
an extension of the mandate of the Panel of Experts by
three montbs in order for the Panel to complete its
work. Further confirmation by the Panel - beyond
reasonable doubt - that countries in the region and
other actors continue to be involved in exploitation
activities fuelling the conflict in the Democratic
URAnnex53
S/PV.4317 (Resumptlon 1)
Republic of the Congo will be perceived as a very
serious matter by this Council.
ln conclusion, we urge the parties to the Lusaka
Ceasefire Agreement to maintain the momentum tbat
bas been created over recent months and look forward
to the furtber dialogue on the ncxt steps to take place
after the Security Council's mission to the area. We
believe that the full commitmeot by ail involved parties
lo peaceful negotialions will remain indispensable in
the search for a lasting solution to the cooflicl.
Mr. Chowdhury (Bangladesh): Bangladesh gives
wano grcetings to you, Mr. President, on your
assumption of the presidency of the Council. We are
confident thal under your leadership and the United
States leadership, we will have an effective presidency.
We meet here against the backdrop of the
borrendous murder in Bunia of six humanitarian
personnel of the International Committee of the Red
Cross. Tbere can i:,e no excuse for such beinous acts.
My delegation cooveys our sincere condolences to the
bereaved families. We demand a prompt inquiry into
the incident so that those responsible are brougbt to
justice without delay.
Wc have greal pleasure in welcoming the
Ministers of the Democratic Republic of the Congo,
Uganda and Burundi, and the Special Envoy of
Rwanda, who are with us today to discuss an issue of
serious significance for peace in the Democratic
Republic of the Congo.
Ms. Safiatou Ba-N'Daw, Chairperson of tl1e Panel
of Experts on the Illegal Exploitation of Natural
Resources and Other Forms of Wealth in the
Democratic Republic of the Congo, and her colleagues
on the Panel - Mr. François Ekoko, Mr. Mel Holt, Mr.
Henri Maire and Mr. Moustapha Tell - deserve our
appreciation for their courage and commitment in
pursuiog the mandate given to them by the Council.
Their comprehensive report and their findings and
recommendations assume critical importance,
particularly in vicw of the curreot forward movement
in the peace process in the Democratic Republic of the
Congo.
We sball limit our observations to five issues. The
füst is the findings and conclusions of the Panel. The
Panel has concluded that the pluodering of the
resources of the Democratic Republic of the Congo
continues and that tbere is a clear linkage betweeo
s
S/PV.4317 (Resumpdoo 1)
illegal exploitation and the continuation of the war. If
the conclusion is established beyond doubt, ail
concemed will have to assume due responsibility and
take measures to break the nexus betwecn the illegal
exploitation of the resources of the Democratic
Republic of the Congo and the continuation of the war.
The findings of the Panel in its present report
should be examined, taking the views of concemed
countries and other relevant parties fully into account.
There are questions about the metbodology used, about
the quality of evidence and about the nature of the
conclusions. In fact, the main purpose of today's
meeting is to bear the various views. The Panel will do
well if it can substantiate its conclusions against
disclaimers offered.
The findings and conclusions of sucb expert
panels have serious implications for the objectives
pursued by the Security Council. We stress that reports
of panels of experts issued in the name of the United
Nations sbould meet evidentiary standards and otber
relevant norms. A panel sbould, at the same time, be
able to investigate and to submit its findings with
absolute independence and objectivity.
The second issue is the definition of illegality. We
have noted the Panel 's definition of illegal exploitation.
It bas been stated that the definition does not seem to
conform to the provisions of the Lusaka Agreement.
There arc questions on the legality or illegality of
exploitation of resources in areas under rebel control.
The question is relevant, as some of the rebel
movements are signatories of the Lusaka Agreement.
The third issue relates to an immediate response
by the Council, concerned parties and Member States
to the findings aod rccommendations. As an interim
response, the Council should call for immcdiate
cessation of the illegal exploitation of the minerai and
other resources of the Democratic Republic of the
Congo. The Panel recornmends a number of steps that,
we believe, Member States can take unilaterally at tbis
stage., They include steps with regard to the import,
export and transportation of certain minerais and
frnancial transactions that have been put into question.
Countries involved may also consider declaring an
immediate moratorium on the supply of weapons and
ail military matériel to rebel groups operating in the
Democratic Republic of the Congo.
A unique area of concem is conflict timber. The
world is aware of conflict diamonds and other high
6
value commodities. lt is a revelation to us that
plundering extends to such mass-volume products as
timber and non-tirnber forest products. We support the
Panel 's recornmendation that concerned countries
should, as per international practice, declare to the
United Nations Forum on Forests the origins of the
timber that is being shipped from their seaports, as well
as the certification documents of such timbcr. Timber
and non-timber forest products coming from warring
areas should be declared as "conflict timber and nontimber
forest products". Similar positive steps may also
be considered by the countries on the demand side.
The Council's demand for such interim measures
should extend to ail actors involved in illegal activities:
Governments, armed forces, individuals and public or
private enterprises engaged directly or indirectly in the
extraction, transport, import and export of resources of
the Democratie Republic of the Congo.
The fourth issue relates to further action by the
Council. Any specific measures by the Council should
follow consideration of the addendum to tbe report tbat
the Panel wiU be requested to submit before the expiry
of its extended mandate. The Panel will be expected to
respond to the comments of those cited in the repo-t,
update its data and complete unfinished tasks in the
rem.aining areas of investigation. Couocil action in
terms of appropriate measures can follow only after
conclusive evidence is available and after parties
responsible for the illegal activities fail to take
corrective measures or to comply with the Council's
demands.
Finally, we would like to underline lhat the
Democratic Republic of the Congo should have full
sovereignty over its national resourees; e.xploitation,
illegal or otherwise, by outside actors shouJd not
contribute to sustaining the war.
The Council's purpose in pursuing the malter is to
facilitate the peace process; it should take ail
appropriate measures to that end.
Mr. Mahbubant (Singapore): We would like to
join our colleagues in welcoming the rninisters from
the Democratic Republic of the Congo, Burundi and
Uganda and the high-level envoy from Rwanda. I think
that this bigh-level participation reaffirms · the
importance of the debate we are having today.
We share the shock and horror that has been
expressed by many of our colleagues over the killing of
URAnnex53
personnel of the International Committee of the Red
Cross (ICRC); we hope that effective measures will be
taken to resolve this state of affairs.
The advantage of speaking late in the day is that
many of the points that we would have liked to make
have already been made by our coUeagues, including
most recently by Ambassador Chowdhury, who said
that we aU have to reaffirm the territorial integrity and
sovereignty of the Democratic Republic of the Congo,
and that the looting and pillaging of resources are
unacceptable. Thus, at this stage we have only two
additional points to add to the discussion.
The first point we want to make is that the Panel
of Experts, in delivering its report (S/2001/357) to us,
has basically delivered what may be called a hot
potato. It is a hot potato because it bas created a
dilemma for the Council, and the dilemma is this: if the
contents of the report and the findings of the Panel are
correct - and I stress the word "ir' because we, as a
national delegatioo, do not have the capacity to verify,
confirm or deny the fioctings of the report - then the
Council bas an obligation to take action in response to
the points made in the report. If they are not correct,
then we have an obligation, as an institution, to clear
the record and ensure that no false or misleading
impressions are left behind.
Frankly, we are not sure what institutional
strength we might have, as the Council, to verify the
claims made in the report; but such verification we
have to do. Clearly, before we make any decisions in
the Council, we have to be sure that they are based on
sound facts and due diligence. 1 am glad that this is a
point that bas been echoed in several of the speeches
that have been made in response to the Panel's
findings.
In some ways, we have bought ourselves some
time. ln giving the Panel a three-month extension, we
hope tbat the Panel will make every effort to respond to
au the points raised today - and I am glad that
members of the Panel bave been here listening to the
statements made both by members of the Council and
by the high-level envoys who are here - so that when
the Panel comes back to us in three months' time we
will, we hope, be in a better position to respond
adequately and effectively to the many strong claims
found in the Panel 's report.
The second point we want to make here is that, in
looking at the whole issue, we should be aware that in
URAnnex53
S/PV.4317 (ResumptfOD 1)
some ways the issue of na tu rai resources exploitation is
only one of the dimensions of the conflict we are
addressing. It may be useful to refer to a quote from a
recent book by a writer named Michael T. Klare, who
bas just published a book entitled Resource Wars: The
New Landscape of Global Conjlict.
"Particularly vulnerable are once-colonized
areas where the occupying power destroyed local
institutions, plundered the countryside of its
human and material resources, and departed
without Laying the groundwork for effective, selffinancing
national govemments . .. once a
rebellion bas erupted. the fighting often evolves
into resource conflict."
In the case of the Democratic Republic of the
Congo, that legacy of exploitation began more than 100
years ago, when King Leopold Il of Belgium colonized
the region as his persona! fiefdom and began the
systematic exploitation of its natural wealth. More
recently, the aftermath of the Rwanda genocide in 1994
and the rebellions in 1996 and 1998 have further
complicated the situation and transformed economic
activities and trade networks in the region.
Clearly, we have to address deep-rooted problems
when trying to analyse the situation here. It is doubtful
tbat we can do so very clearly in such an open seuing.
But we are pleased to note that the retreat we will have
this weekend with the Sccretary-General will louch on
the issues of the Democratic Republic of the Congo. I
hope that in that debate we will address openly some of
the more difficult issues, which cannot be addressed in
such an open session as this.
Finally, let me just state for the record that we
support the presidential statement to be issued at the
end of the day.
Miss Durrant (Jamaica): My delegation wishes
to commend you, Mr. President, for convening this
open meeting on the issue of the situation in the
Democratic Republic of the Congo, as this provides an
opportunity for us to address in a transparent manner
the issue of the illegal exploitation of the natural
resources of the Democratic Republic of the Congo and
its linkage with the continuation of the conflict in that
country and the implications for the Great Lakes region
as a wbole.
My delegation wishes to thank Mme Ba-N'Daw
for the presentation of the report of the Panel of
Experts appointed by the Secretary-General at the
7
S/PV.4317 (Resumptlon l)
request of the Council. We recognize only too well,
from the report as well as from Mme Ba-N'Daw's
presentatioo, that the task has beeo an arduous one.
My delegation joins others in welcoming to the
Council the Mioisters from tbe Democratic Republic of
the Congo, Burundi, Rwanda and Uganda. We have
taken careful note of tbeir statements, because my
delegation believes that it is important for those who
have à direct interest in the report to be listened to by
the Council before any action is taken.
My delegation bas noted that the report contains
disturbing allegations about the illegal exploitation of
the natural resources of the Democratic Republic of the
Congo. Those allegations regard financial and
economic matters, the diamond business, forests and
timber. We bave noted that they are extremely serious
in nature and must be studied along with the comments
wc heard this moming from the representatives of the
Oovernments concemed. In that regard, we welcome
the detennination expressed by several of the Ministers
who spoke that investigations will be carried out and
that where perpetrators are found, they will be brought
to justice.
The Panel 's recommendations revolve around six
broad themes, and they carry very serious implications.
It is i.n that context that we support the extension of the
Panel's mandate for a further period of three months so
that it can finalize its work. lt will only be at that stage
that the Council will be able to examine the
recommendations and the further findings of the Panel
so that it can take appropriate action.
My delegation supports the action to be taken by
the Panel based on its action plan, as well as that
outlined in the statement to be delivered by the
President at the end of this debate.
We continue to be extremely concemed about the
situation in the Democratic Republic of the Congo,
because witb so many people affected, including more
than two million internally displaced persans and
refugees in neighbouring States, we have on more than
one occasion drawn attention to the makings of an
immense humanitarian tragedy.
We are pleased that progress bas been made
towards the implementation of the Lusaka Agreement.
We believe that the mission to be carried out by the
Council later this month will go a long way in
providing a basis for further action by the Council in
8
support of the implementation of the Lusaka
Agreement.
At this stage, my delegation wishes to express our
sincere condolences to the families of the staff
members of the ùitemational Committee of the Red
Cross and to the Governments of the Democratic
Republic of the Congo, Colombia and Switzerland.
Those persans who lost their lives in the cause ofpeace
remind us of the immense pressure under wbicb
bumanitarian workers - who go into areas into which
we often would not send peacekeepers - labour on
behalf of the international community.
The discussions today clearly attest 10 one fact,
and that is the need for a comprehensive and lasting
peace in the Democratic Republic of the Congo within
a regional context involving the entire Great Lakes
region. We look forward to that day, and we look
forward to continuing support to the people of the
Democratic Republic of the Congo and to the people of
the neighbouring States as the international community
seeks to bring peace to that war-tom region.
Again we emphasize that there can be no military
solution to the crisis in the Democratic Republic of the
Congo. It is therefore important for us to continue to
give our support to the steps leading towards national
reconciliation.
Mr. Neewoor (Mauritius}: Allow me, füst of ail,
to congratulate you, Mr. President, on your assumption
of the presidency of the Security Council for the month
of May. We have no doubt that the United States
presidency of the Council this montb will be very
productive and fruitful. We also thank you for holding
this important public meeting to discuss the report of
the Panel of Experts on the Illegal Exploitation of the
Natural Resources and Other Forms of Wealtb of the
Democratic Republic of the Congo by various parties
involved in the conflict in that country.
This public meeting is an important opportunity
for ail interested parties to comment freely on the
contents of the report, and the views expressed here
will undoubtedly help the Security Council in cbarting
the course ofits future action.
In this regard, my delegation is particularly
pleased to welcome in the Council Chamber the
Foreign Minister of the Democratic Republic of the
Congo, Mr. Leonard Sbe Okitundu; the Minister of
Stat.e for Foreign Affairs and Regional Cooperation of
URAnnex53
Ugaoda, Mr. Amama Mbabazi; the Mioister of Finance
of Burundi, Mr. Charles Nihangaza; and the Special
Bnvoy of the President of the Rwandese Republic, Mr.
Patrick Mazimpaka.
We also appreciate very much the presence of Ms.
Safiatou Ba-N'Daw, Chairperson, and of the members
of the Panel on the Democratic Republic of the Congo.
My delegatioo commends the Chairpersoo and
the members of the Panel for the comprehensive report
they have submitted in fulfilrnent of their important
mandate. We must ail recognize thal the Panel has been
enlrusted witb an exlremely complex and daunting
task. We thank the members of the Panel for the
dedication and courage with which they have fulfilled
their responsibilities.
A report of this nature, based on investigations
carried out in difficult circumstances we ail know, will
obviously be questioned by concemed parties. There
may be criticisms with regard to the form, method and
depth of the investigations carried out, as well as on the
conclusions, recommendalions and commcnts
contained in the report.
tn certain cases, criticism may be genuine and
justified, and in others just superficial But overall the
report has confirmed beyond a doubt that there is
indeed massive illegal exploitation of the natural
resources of U1e Democratic Republic of the Congo,
including diamoods, coltan, copper, cobalt, timber and
gotd, and that there is a nexus between such illegal
activities and the conflict in the Democratic Republic
of the Congo.
The Democratic Republic of the Congo is a
sovereign nation, and the resources of the country
belong solely to its people. It is unfortunate that this
important African country has been engulfed in conflict
over the last few years and that several neigbbouring
countries bave become involved in it for one reason or
another. lt is a sad reflection, however, that the conflict
bas served as an opportunity for many to plunder the
resources of the Congo, particularly at a time when the
country has been in a situation of crisis. We urge ail
concemed parties to cease forthwith ail unlawful
activities in the Congo.
With regard to the report of the Panel, my
delegation supports the proposai that the mandate be
extended to enable the Panel to pursue and complete its
important work. We urge ail parties concemed to
URAnnex53
S/PV.4317 (Resumption l)
cooperate fully with the Panel and to ensure the
security of the members of the Panel while it is
carrying out its important mandate on behalf of the
United Nations.
ln the meantime, we support the view that the
Security Council should keep in abeyaoce the
application of measures recommeoded in the present
report until the additional report of the Panel becomes
available at the end of the tbree-month extension of the
mandate.
We urge the Govemments concemed lo take such
unilateral measures as they deem necessary to eosure
that their nationals are not io aoy manner involved in
illegal exploitation of the resources of the Democratic
Republic of the Congo. In this regard, we welcome the
initiative takeo by the Ugandan Govemment to carry
out investigations in the country.
The conflict in the Democratic Republic of the
Congo has oot only ioflicted immense suffering on the
people of that country, but bas also affected peace and
security in the region as a whole. It bas also impeded
development and progress as well as regional
eooperatioo. This deadly conflict must end, and the
way to achieve that is full implementation of the
Lusaka Agreement and full compliance with the
disengagement plans which have been subsequently
sigoed by all parties involved in the cooflict. We urge
ail the parties to honour their commitments in this
regard.
I cannot end without expressing our shock and
dismay at the kiUings oflnternational Committee of the
Red Cross (ICRC) workers in Bunia. We hope tbat the
parties that have influence in the area will help identify
the assassins and bring them to justice.
Finally, Mauritius supports the presideotial
statement which is proposed to be issued at the end of
this meeting.
The President: I thanlc the representative of
Mauritius for his remarks addressed to me.
I will oow malce a statemeot in my capacity as the
representative of the United States.
I think that we have had a very ioteresting
discussion today wbich opens a new dimension to the
cooflict in the Democratie Republic of the Congo, and
my delegation and I listened with great interest to our
guests from the regioo.
9
S/PV.4317 (Ruumptton 1)
The United States belicves that the Panel
provided a broadly accurate picture of the emerging
and troubling economic dimension of the crisis. We
may not agree with a il of the elements of the report, but
we cannot ignore this dimension of the conflict if we
want peace to come to the Democratic Republic of the
Congo and the region. r am pleased that it seems that
we ail agrec tbat the Panel should complete its work
and should work to further refine its report over the
next scveral months.
The report of the Panel reminds us that the
resources of the Democratic Republic of the Congo are
not being used for the benefit of the Congolese people.
While we do not believe that the pursuit of wea.lth was
a cause of the conflict, we do believe that the
unregulated pursuit of the wealth of the Congo is a
consequence of the conflict. The longer the conflict
drags on, the more blurred the lines between cause and
consequence become.
We must also, in looking at the situation in the
Democratic Republic of the Congo, givc serious
consideration to the imminent report of the
International Rescue Committee, which maintains tbat
the conflict in the Democratic Republic of the Congo
bas caused mortality to increase by 1 million deaths per
year since the outbreak. We should also bear in mind
the humanitarian and human rigbts reportiog of our
Secretary-General and bis colleagues in the United
Nations Organization Mission in the . Democratic
Republic of the Congo. Finally, we again recall with
sorrow and outrage the murder of the International
Committee of the Red Cross (ICRC) workers on
26 April.
There are two areas in the report of the Panel of
E.xperts that I would like to call to the attention of the
Cbairperson and ber colleagues in connection with
their further work. The first is the inclusion of the
former Rwandan Arrned Forces (ex-FAR) and
Interahamwe in a category labelled as "so-called
ncgative forces". Wbile we are certain that the Panel in
no way meant to diminish the opprobrium with which
the Council regards the perpetrators of the Rwanda
genocide, this is an unfortunate linguistic construction
that we bope can be avoided in future.
The second issue bas to do with the Kiswabili
language, whicb is misidentified as a foreign longue
spoken by those who invaded the Democratic Republic
of the Congo. Kiswahili is widely spoken in the Congo
JO
and is a lingua francs of commerce and intellectual life
throughout East and Central Africa. It is an African
language that binds Africans together within their
countries and witbin their regioo, and labelling it as a
foreign language in the Democratic Republic of the
Congo is inaccurate.
The report tells us that the actions of tbose who
are in violation of the sovereignty of the Democratic
Republic of the Congo stand out as most objectionable.
However, the report also states that the activities of the
Congolese rebel groups, the Governrnent of the
Democratic Republic of the Congo and some of its
allies are contributing to tbese troubling events. In
addition to the message that the Democratic Republic
of the Congo's occupiers are financing tbeir activitics
through iUegal or illicit activities, we also take from
this report the fact that the country remains subject to
foreign and indigenous corrupt practices. While this is
a colonial legacy, it is also a post-independence
phenomenon. While foreigners must accept their
responsibility for the plundering of the Democratic
Republic of the Congo's resources, so, too, must
Congolese, past and present, take such responsibility.
Another cause for concem bas been the failure of
the Govemment of Zimbabwe to cooperate witb the
Panel. We are not bere to pass judgement on that
Govemment's activities, but we must remind each
other of our obligation to cooperate with this type of
investigation. The Govemments that have extended the
fullest cooperation are those that came under the
greatest criticism. This cannot be allowed to create a
future dynamic whereby Govemments choose noncooperation
as tbcir best policy option.
I want to repeat sometbing that other speakers
have noted, bccause it is essential to our discussion
here today and to the follow-up. Our goal is not to
punisb or apportion blame; our goal is, and must
remain, the successful implementation of the Lusaka
Ceasefire Agreement and the relevant Security Council
resolutions. I note that Minister Mbabazi and others
tbis moming noted that the Lusaka Agreement offers a
unique opportunity to find peace in the region. We
agree, and we want to continue working with aU of the
partners in the area witbin the Lusaka process to realize
its potential.
Peace based on the Lusaka Agreement and the
relevant Security Council resolutions is the only
answer in the region. Thal is why the Security Council
URAnnex53
is sending a mission to the region later this month, and
that is why we are here today. We believe that peace in
the Democratic Republic of the Congo must rest on
three pillars: the full withdrawal of ail foreign forces;
the disa.rmament, demobilization, resettlement and
reintegration of armed groups, particularly the former
Rwandan Armed Forces (ex-FAR) and the
Interaham...,,e; and the implementation of a new
political dispensatioo arrived at via the inter-Congolese
dialogue. Ending the illegal exploitation of the natural
resources of the Dcmocratic Republic of the Congo and
protecting its people cannot be accomplished in a
vacuum, but they are both near-tenn and long-te.rm
requirements. The foreign and domcstic panies must
end such activities so as to help create a climate in
which peace can take root. However, the Congolese
parties themselves must also build the institutions that
alone can provide for the human rights and welfare of
their people.
With new momentum in the peace process, we
hope that the conflict in the Democratic Republic of
the Congo is coming to an end. As we look to the
future, I recall the words of Abraham Lincoln, wb.o,
speaking in the waning days of our own national
nigbtrna.re, said:
"With malice toward none, with charity for
ail ... let us strive on to finish the work we are in,
to bind up the nation's wounds, to eare for bim
who shal1 have borne the battle and for his widow
and his orphan, to do ail which may achieve and
cherish a just and lasting peace among ourselves
and with ail nations."
I now resume my functions as President of the
Council.
The next speaker inscribed on my list is the
representative of Japan. I invite him to take a scat at
the Council table and to make his statement.
Mr. Akasaka (Japan): At the outset, I would lilce
to express my Govemment's shock a.nd deep regret at
the deaths of six workers of the International
Committee of t.he Red Cross in the Democratic
Republic of the Congo on 27 April, and to extend our
sincere coodolences to their bereaved families. Such
heioous attacks on humanitariao workers must be
condemned.
Before commenting on the report of the Panel of
Experts on the Illcgal Exploitation of Natural
URAnnex 53
S/PV.4317 (Resumpdon 1)
Resources and Otber Forms of Wealtb in tlle
Democratic Republic of the Congo, I wouJd like to
emphasize that the resolution of the conflict in the
Democratic Republic of the Congo - in which nearly
half of the countries on the African continent are
involved and more !han 3 million lives have been
lost - is critical not only to the countries directly
concemed, but to the peace and prosperity of Africa as
a whole. Japan urges ail the parties concemed to
implement the Lusaka Peace Agreement without
further delay, and calls upon the Security Council to
make every effort to fully irnplement phase TI of the
United Nations Organization Mission in the
Democratic Republic of the Congo.
The iUicit exploitation of diamonds and other
natural resources must be stopped, as it poses one of
the main obstacles to the seulement of the conflict in
the Democratic Republic of the Congo and is a cause of
recurring open bostilitics. Indeed, es mentioned in the
report of the Panel of Experts, the exploitation of
non-diamond resources, including such minerai
resources as gold and coltan, as well as timber, is also
fuelling the conflict in the eastem part of the country.
Although the report beforc us conteins a number of
recommendations for curtailing the illicit activitics,
today I would like to focus my comments on the
following two points.
First, the relationship between the illicit
exploitation of natural resources and the protraction of
the conflict in the Democratic Republic of the Congo
must be considered in the wider context of
con.solidating peace tbroughout the region. This will
require a comprehensive and integrated approach. In
particular, as part of its efforts to achieve a peaceful
settlement of the conflict in the Democratic Republic
of the Congo, the Security Council should al the same
time address the economic and security problems in
neighbouring Burundi, Rwanda and Uganda. It will be
necessary to pursue peace-building, post-conflict
reconstruction, development and democratization from
a regional perspective.
Secoodly, in order to ensure the effectiveness of
such a region-widc integrated approach, the Council
must ensure the smooth transition from one stage of the
peace process to tb.e next, from conflict resolution to
peace-building to post-conflict development. This will
require a coherent strategy throughout the entire period
of United Nations involvement. Any gap in the
extension of intemationaJ assistance required at
JI
S/PV.4317 (Resumpdon l)
different stages, particularly at a point of transition
from one stage to the next, must be avoided.
As pointed out in the Secretary-General's recent
report on the United Nations Organization Mission in
the Democratic Republic of the Congo (S/2001/373),
the Council must now begin to contemplate entering
phase Ill, whicb involvcs the withdrawal of forcig:n
forces as weU as the implcmcntation of the process of
disannament, demobilization and reintegration or
resettlement of ex-soldiers. In Ibis reconstruction and
development phase, social and economic assistance
will be especially critical. To ensure that it is extended
as smoothly and efficientJy as possible, it is incumbent
upon the Security Council to cooperate more closely
with major donor countries, as well as with
international financial institutions such as the
International Monetary Fund and the World Bank and
with the United Nations Development Programme.
Before concluding, I would like to offer my
comments on the reference made in the report to the
companies located in various countries, including
Japan, which the report claims are importing
uncertified timber from a Ugandan-Thai forcst
company called the DARA-Forest, located in the lturi
area of the Democratic Republic of the Congo. The
Japanese authorities are investigat.ing the malter and
would appreciate any concrete evidence that the Panel
of Experts might have to substantiate the statement
made in the report and that would assist our
Govemment in ils investigation. I wish to assure
members that Japan is doing its utmost to hait such
illegal practices.
In this connection, I would like to call the
attention of the members of the Council to the
communiqué that was issued at the conclusion of the
G-8 Okinawa Summit last July, which contained a
paragraph calling for the suspension of illegal fogging
and trade practices in the intcrest of sustainable forest
management. Japan is committed to implcmenting the
provisions of that communiqué in cooperation with the
international community.
The President: The next speaker is the
representative of Canada. 1 invite him to take a seat at
the Coun.cil table and to make bis statement.
Mr. Duval (Canada): Canada welcomes the
report of the Panel of Experts on the Illegal
E.xploitation of Natural Resources and Other Forms of
Wealth of the Democratic Republic of the Congo. The
12
mcmbers of the Panel were set an extraordinarily
difficult task, and through Ms. Ba-N'Daw wc thank
them for their work.
For almost three years, the Democratic Republic
of the Congo bas bcen tom apart by a conflict regional
in scope and devastating in toll. As in Angola and
Sierra Leone, wherc the iUicit Cllploitation of dia.monds
and other resourccs bas hclped fuel conflict, we have
had reports of systematic looting of the natural
resources, fuelling continued violence in the
Democratic Republic of the Congo. As the report
before us makes clear, economic interests have becn at
the very heart of this conflict.
The war in the Democratic Republic of the Congo
constitutes a disturbing exemple of a new sort of
conflict, one in which war itself bas become profitable,
whcre economic interests compete with political
objectives and where the aim of some belligerents is
not to prevail, but to sustain the conflict and thosc
conditions that allow criminality to flourish.
Advancing peace and human security in such a context
is a daunting task.
(spoke in French)
The report of the Panel of Experts contains
disturbing allegations that the Council must consider
carefulJy. Where the allegations are borne out, the
Council must act. ln the first instance, the Council
should work with the relevant Member States to ensure
that action is taken to stop the looting of resources. If
those Member States refuse to cooperate, the Council
must consider more robust action.
As sevcral speakers have cmphasized, it is not a
matter of punishment or blame, but rather of ensuring
the implementation of the Lusaka Agreement and the
decisions taken by the Council. Any · individuals,
Governmcnts and anned groups that have illegally
exploited the natural resources of the Democratic
Republic of the Congo and, througb their activities,
have contributed to the perpetuation of the war there,
merit our condemnation. The exploitation of resources,
and the fuelling of war, must end without dclay.
Progress in this regard wiU be critical to reducing the
flow of arms circulating in the region, which is itself a
kcy prercquisite for the achievement of peace.
The illegal exploitation of resources of the
Democratic Republic of the Congo contributes dircctly
to the su.ffering of the civilian populations. The
URAnnex53
International Rescue Committee estimates that up to 3
million people have died as a result of the war, directly
or indirectly. Three out of four childrcn in the
Democratic Republic of the Congo are dying before the
age of two. Those who do not die run the risk of being
recruited by armed groups fighting for control over
regions rich in resources. In some instances, these
groups are engaging in deliberate campaigns of terror
among civilian populations and committing violations
of human rights and humanitarian law with impunity.
Populations, forced to flee from violence and to Leave
their land and homes, are deprived of their means of
subsistence, funher exacerbating this humanitarian
crisis. More than 2 million people are intemally
displaced, and bundreds of tbousands are refugees.
Humanitarian access must be provided to hclp ail
these people. Ali parties to the conflict must respect
their obligations, including the need to ensure the
safety and freedom of movement of humanitarian
personnel. Canada is deeply saddencd by last wcek's
tragic murder of six Red Cross workers, and our
condolences go to the families of the victims. These
events remind us of the often difficult and dangerous
environments in which humanitarian workers are
operating, often finding themselves in peril white
trying to provide protection and assistance to those
most in need.
The Lusaka signatories, man y of which are at this
table, must, without delay, bring this conflict to an end.
The implementation of the Lusaka Ceasefire
Agreement and relevant Security Council resolutions
constitutes the only viable solution to the crisis in the
Democratic Republic of the Congo. The interCongolese
dialogue is also crucial to peace and
stability in the Democratic Republic of the Congo and
must be held as soon as possible. We are encouraged by
the latest achievements of the facilitator, whose Office
Canada broadly supports. We welcome the cooperation
now extended to the facilitator by the Govemment of
the Democratic Republic of the Congo.
The Government of Canada remains fully
committed to the peace process in the Democratic
. Republic of the Congo, which, we bope, will bring a
just and lasting peace to the region.
Full consideration must be given to the report of
the Panel of Experts, and the Panel 's mandate must be
extended so that it can complete lheir work. A full
understanding of the causes of this conflict must be
URAnnex53
SIPV.4317 (Resumptioo 1)
achieved if the international community is to assist the
panics in establishing effective political solutions and
in choking off economic incentives for the continuation
of the war.
The President: The next speaker is the
representative of Sweden. I invite him to take a seat at
the Council table and to make bis statement.
Mr. Schorl (Sweden): I have the honour to speak
on behalf of the European Union. The Central and
Eastern European Countries associated with the
European Union - Bulgaria, the Czech Republic,
Estonia, Hungary, Latvia, Lithuania, Poland, Romania,
Slovakia and Slovenia - and the associated countries
Cyprus, Malta and Turkey aligo themselves with this
statement.
The European Union also welcomes the report of
the Panel of Experts, and we recognize the work
accomplished by the Panel so far and note with interest
the conclusions and recommendations put forward in
its report.
The European Union supports the deci.sion by the
Security Council to extend the mandate of the Panel of
Experts for a period of tbree months. It is important
that this time be given to allow the Panel, inter alfa, to
gather additional information on aspects not fully
covered in the report of 12 April, such as the role of
certain regional actors, to fully analyse existing data
and to galber comments from parties and actors cited in
the report. We welcome the commitment by the
Security Council to consider both the curreot report
and the expected addendum when the Panel reports
back in August with an update on the situation. Il is our
hope that the follow-up will contribute to the peace
process in the Democratic Republic of the Congo,
which bas seen encouraging developments already.
Though further investigations and consultations
are warranted, the European Union wants to put on
record today its concem at the general findings in the
report. They indicatc that widespread illegal
exploitation of natural resources and other forms of
wealth has occurred in the Democratic Republic of the
Congo and that there is a link between exploitation and
the continuation of the conflict Thal is, in short,
unacceptable.
The European Union urges Govemments and
rebel groups to investigate the information contained in
the report, to take action to prevent any illegal
13
S/PV.4317 (ReiumpCion J)
exploitation and to refrain from exploitation
contributing to the continuation of the conflict. We also
call on other actors, individuals and private companies
alike to act responsibly and cease any involvement in
illegal exploitation. For its part, the European Union
has taken note of the information in the report relating
spccifically to alleged activities by European
companies, and member States are following up on that
infol"l)lation.
Today's meeting is crucial as a forum for parties
to elaborate their positions in response to the report by
the Panel of Experts. The European Union particularly
appreciates the presence here today of the Ministers of
the Democratic Republic of the Congo, Rwanda,
Burundi and Uganda, and 1 welcome the
announcements made tlùs moming by the Ministers of
Uganda and Burundi on investigations to be carried out
regarding the activities of their nationals. We take their
active involvement as a sign of commitment on the part
of their GovemmenlS to engage in a constructive
dialogue on the issues addressed by the Panel. Such
politicaJ dialogue, both among the parties directly
concerned and between them and the Security Council,
the United Nations and the international community as
a whole, should be pursued to enable measures
effectively putting an end to illegal exploitation and to
exploitation which sustains the conflict.
Establishing a legal framework for a sustainable
management of natural resourccs is crucial for any
long-term development policy. As the Democratic
Republic of the Congo and the neighbouring countries
graduaUy emerge from the devastating conflict that bas
engulfed the region, the opportunities to invest in
rehabilitation, reconstruction and socio-economic
development will grow. The European Union remains
ready to respond to these nceds, including by assisting
the countries of the region to establish a sustainable
framework for resource management.
The European Union reaffirms its position that
lasting peace in the Democratic Republic of the Congo
can be achieved only through a negotiated peace
settlement that is fair to ail parties; through respect for
the territorial inte,grity and national sovereignty of the
Democratic Republic of the Congo and for democratic
principles and human rigbts in ail States of the region;
and by taking account of the security interests of the
Democratic Republic of the Congo and its
neighbouring countries. We reiterate our strong support
for the Lusaka Agreement as the consensual basis for
14
peace in the Democratic Republic of the Congo and the
region.
In this context, the European Union welcomcs the
report of the Secretary-General of 17 April reflecting
that some progress has been made in the
implemcntation of the Lusaka Agreement and
confirming in particular that phase II of the United
Nations Organization Mission in the Democratic
Republic of the Congo has been launched. The
European Union also welcomes the plans for a Security
Council mission to the region later this month and
hopes that tlùs active commitment by the Security
Council cen assist the parties in teking the right
decisions towards peace.
Studying the interface between economic
intereslS and armed conflicts is vital in order to get a
full understanding on a global scale of today's threats
to international peace and security. The European
Union welcomes the increasing attention given by the
Security Council to this aspect in the context of a
number of conflicts currently on its agenda.
Fin.elly, I want to add my voice to those that have
expressed today their sorrow and outrage at the murder
of the six workers of the International Committee of
the Red Cross in the Democratic Republic of the
Congo. Our sympathies go to their families and
relatives.
The President: The next speaker on my list is the
representative of Namibia. I invite him to take a scat at
the Council table and to make bis statement.
Mr. Andjaba (Namibia): 1 wish to congratulate
you, Sir, on your assumption of the presidency of the
Security Council and to thank you for arranging this
important meeting.
1 would also lik:e to take this opportunity to
commend Ambassador Greenstock: for the excellent
manner in which he conducted the work of the Council
in April.
My delegation welcomes the Minister for Foreign
Affairs of the Democratic Republic of the Congo, as
well as the Ministers from Uganda and Burundi and the.
speciel envoy from Rwanda.
I would also like to thank the Chairperson of the
Panel of Experts, Ms. Ba-N'Daw, for introducing the
report of the Panel this moming.
URAnnex53
At the outset, I would like to express my
delegation's profound sorrow and deep condolences for
the tragic murder of six staff members of the
International Committee of the Red Cross OCRC) on
26 April in Ituri province in north-eastem Democratic
Republic of the Congo. They died while providing
much-needed humanitarian assistance to the people of
the Democratic Republic of the Congo. It is our hope
that this tragedy will not seriously disrupt the
important work of t.he ICRC and other humanitarian
organizations. My delegation condemns this cowardly
act in the strongest possible terms and calls for
immediate investigations to ensure that the perpetrators
and their instigators are brought to justice. These
murders, furthermore, should be condemned by
everybody. This latest incident is again proof of the
massive violations of human rights and international
humanitarian law that are being committed in the
eastem part of the Democratic Republic of the Congo.
Contrary to what we have heard from some
delegations this moming, the Panel produced an
objective, comprehensive and well-substantiated
report. lts working methods were sound and it had an
inclusive approach by holding extensive discussions
with Govemments, international orgaoizations and nongovemmental
organizations. The use of primary
resource documents, often produced by countries
themselves, and of vital statistics objectively revealed
the discrepancies between exports and trade before and
during the war in the Democratic Republic of the
Congo. This approach has confinned beyond any doubt
the ruthJess plundering of the resources of the
Democratic Republic of the Congo by the aggressor
countries, the rebel groups and individuals beyond
normal trade under bilateral or multilateral trade
agreements.
I, for one, did not expect the countries ofUganda,
Rwanda and Burundi to say: "Yes, we are looting the
resources of the Democratic Republic of the Congo".
Even in 1998, when these countrics first aggressed the
Democratic Republic of the Congo, they were denying
that they had troops in the Congo, but eventually they
admitted il. Burundi in particular denied it until
recently, when they confirmed to the world that they
had withdrawn three battalions from Congo and that
two remained. This information is with the Security
Council, and we believe that the international
community should not be fooled by such denials.
URAnnex53
S/PV.4317 (Resumpllon 1)
Furthermore, the quality of the report reflects the
high degree of professionalism of the Panel members.
Throughout their work they have maintaioed a strict
evidentiary standard to substantiate their findings. The
conclusions reached in the report also clearly show that
the invasion of the Democratic Republic of the Congo
took place for economic reasons, not because of
security conceras as claimed by the invading forces.
The Security Council should take strong measures to
correct the situation and to deter the committing of
similar atrocities in the future.
My delegation fully supports the conclusions
reached by the Panel. Tliroughout, the report contains
alarming revelations, such as the role of some
international financial institutions in directJy or
indirectly encouraging the illegal exploitation of the
natural resources of the Democratic Republic of the
Congo. The fact that those institutions never
questioned the increasing exports of resources by the
aggressor countries, and even rewarded them with the
Heavily Indebted Poor Countries Debt Initiative whcn
it was clear that they were plundering the resources of
the Democratic Republic of the Congo, is of deep
concem and should be further investigated.
We have said from the beginning that Namibia's
involvement in the Democratic Republic of the Congo
was never motivated by economic benefit, but rat.ber by
the principle of helping defend a fellow State member
of the Southern African Development Community
against aggression from outside. That action was in full
confonnity witb the Charter of the United Nations and
with the charter of the Organization of Africao Unity,
and it was aimed at rcstoring peace and stability in the
Democmtic Republic of the Congo.
The Namibian Government supports the
recommendations made by the Panel of Experts aimed
at curbing the illegal exploitation of the natural
resources of the Democratic Republic of the Congo. Il
is of particular importance that due compensation be
paid to the people of the Democratic Republic of the
Congo for the expropriation of their property and for
the general looting of the country. The Namjbian
Govemment, furtherrnore, supports the extension of the
mandate of the Panel of Experts, which will allow the
Panel to conduct follow-up investigations.
Namibia's support for the implementation of the
Panel's recommendations is rooted in its finn belicf
that ail avenues should be explored and ail
15
S/PV.4317 (Resumption 1)
opportunities investigated to cultivate an environment
conducive to the implementation of the Lusaka
Agreement. In that regard, we cati on the Security
Council to ensure that the Lusaka Agreement, the
Kampala and Harare disengagement plans and relevant
Security Council resolutions are fully implemented. Of
particular importance is the irnplementation of
resolution 1304 (2000), whicb, among other lhings,
demands the complete demilitarization of Kisangani.
The Panel disturbingly concluded that
"Exploitation of the natural resources of the
Democratic Republic of the Congo by foreign
armies has become systematic ... and the
constitution of criminal cartels [is] becoming
commonplace in occupied territories. These
criminal cartels have ramifications and
connections worldwide, and they represent the
next serious security problem in the region."
(S/2001/357,para. 214)
That conclusion should provide enough urgency for the
Council to take immediate action to put an end to those
criminal activities.
Finally, my delegation welcomes the Council's
decision to send a mission to the Great Lakes region
this month. We hope that the outcome of the visit will
generate further momentum for the peace process in the
Democratic Republic of the Congo.
The President: The next speaker is the
representative of Sudan. 1 invite him to take a seat at
the Council table and to make bis statement.
Mr. Erwa (Sudan} (spoke in Arabie): l wish at the
outset, Sir, to congratuJate you sincerely on your
assumption of the presidency of the Security Council
for the montb of May. We take this opportunity to hail
the rich programme of work you have laid out for the
month. In the same vein, my congratulations go also to
our friend Sir Jeremy Greenstock on bis sterling
performance as President last month, and on the
outstanding results achieved under the United Kingdom
presidency.
We had originally had no intention whatsoever of
malcing a statement al today's meeting of the Security
Council on the report of the Panel of Experts on tb.e
Illegal Exploitation of Natural Resources and Other
Forms of Wealth in the Democratic Republic of the
Congo (S/2001/357). We are convinced of the validity
of the reasons for which the Council established the
Panel of Experts, and we believe tbat the Panel has put
16
a great deal of work into the preparation of this
commendable report. We hope that, within the context
of its mandate to maintain international peace and
security, the Council will be able to find appropriate
ways to put an end to the plundering of the wealth of
the Democratic Republic of the Congo and to punisb
the perpetrators.
Yet because of the Ugandan regime - the stench
of whose corruption has become suffocating - we are
forced to make tbis statement. The President of that
country and his regime - who are known to lie as
easily as they breathe - have once again chosen to
deflect the accusations against them by spreading
falseboods. They have tberefore spread falseb.oods
regarding the reasons for their open invasion of the
Democratic Republic of the Congo - an invasion tbat
violatcs ail international laws and customs - by using
flimsy pretexts which include the need 10 contain the
danger emanating from Sudan. Those pretexts include
the false accusations contained in the letter from the
Minister Counsellor of Uganda to the President of the
Security Council (S/2001/378), which the Minister of
Uganda said today contained their official position with
regard to the report of the Panel of Experts.
Facts are always self-evident Sudan's borders
with the Democratic Republic of the Congo are now, as
they have been for more than 10 years, under the
control of the rebels of the Sudan Pcople's Liberatioo
Army (SPLA) in south.em Sudan. Moreover, since 1996
tb.e bordcrs with Uganda have becn under the control of
the rebels acting in collusion with that country, which
also undertook a similar invasion of Sudanese territory.
The point nearest to the border between the Democratic
Republic of the Congo and Uganda to be under the
control of Sudanese Govemment is ovcr 150 miles
away.
How could the false pretexts so often repeated by
the Ugandan leadership be accepted logically? The
ongoing pretexts put forward by the Ugandan regime to
claim that the invasion of the Democratic Republic of
the Congo took place to end security thrcats from
Sudan did not stand for long. For the report of the
Panel of Experts has revealed a fact which bas become
amply clear to everyone, which we have often repeated
in this Cb.amber, in the General Assembly and in other
forums, and which has nevertheless Callen on deaf cars.
We have said more than once thal the Ugandan
invasion of the Democratic Republic of the Congo was
part of that country's very dangerous scheme to exploit
URAnnex53
the wealth of the Democratic Republic of the Congo.
That is also the conclusion reached by the Panel of
Experts mandated by the Council to investigate such
violations.
Paragraphs 27 and 28 of that report clearly
indicate that Uganda's intervention in areas where gold
and diamond mines are located took place for
economic and financial aims. Political and security
pretexts were merely a cover for systematic and broadbased
operations to loot the wealth of the Democratic
Republic of the Congo. In the final analysis, those
operations were in the interest of the corrupt President
of Uganda and the corrupt members of bis family. ls
Uganda claiming that Sudan gave the ordcr to set up
the Panel of Experts, or that Sudan was the one to carry
out investigations and draft the report of the Panel?
Uganda's letter and its message against Sudan is, in our
opinion, an insult to the intelligence of others.
The Ugandan regime that is trying to convince
the international community, by using illogical and
completely nonscnsical pretexts with regard to its
aggression against the Democratic Republic of the
Congo, is the same regime that is causing the crises
and catastrophes being suffered in the Great Lakcs
region. It is the same regime that thrcatens regional
peace and security. It is the very same regime that
violated international principles - foremost among
those being the Charters of the United Nations and of
the Organization of African Unity (OAU) - in an
unprecedented action tl1at runs counter to evcry
international principle regarding international relations.
Even if we were to assume that Uganda
intervened in the Democratic Republic of the Congo
for security reasons, such a pretext should still be
clearly condemned by the Security Council as far as
international relations arc concerned because il
represents a distorted logic regardi.ng safeguarding
international peace and security. It is a very dangerous
justification because it would theoretically allow any
State to attack Uganda on the same basis. We must also
bear in mind tl1at several countries bordering Uganda
face very serious security threats coming from
Ugandan territory, includiog that Goveroment's direct
support for terrorists, outlaws, merccnaries and child
abductors.
The Ugandan regime lamenting Sudan's support
of rebel groups in Uganda before the Council today is
the very same regime that bas embraced the rebellious
URAooex53
S/PV.4.317 (Res11D1pdon 1)
movement in southem Sudan and is providing tliose
rebels with logistical and military facilities for their
lerrorist acts in southem Sudan. In fact, the Ugandan
regime is also carrying out the systematic exploitation
and looting of the natural resources of Sudan in areas
bordering Uganda that are occupied by the rebels, just
as they are doing in the Democratic Republic of the
Congo. We also have information pointiog to the
systematic looting of Sudan's gold, limber and ivory
resources. This makes il clear that tl1e corrupt clique in
Uganda was not satisfied with tlie wealth looted from
tlie Democratic Republic of the Congo, wealtll that
transformed Uganda ovemigbt into a gold- and
diamond-exporting State. Instead they weat further and
proceeded to loot the southem part of Sudan.
The Ugandan regime can make ail sorts of claims
and allegations and advance ail sorts of pretcxts. But it
will not succeed in convincing the international
community that their intervention in the Democratic
Republic of the Congo was for security purposes. The
proof is clear ami the report is self-evident; not to
mention the fact that the leadership ofUganda has been
known to be blood-thirsty and to have expansionist
aims known to ail.
The Ugandan President should be considered the
ncw Hitler of Africa. He is attcmpting to build an
illusory empire upon tlie skulls of the innocent peoples
of the Great Lakes rcgion.
Sudan has responded to ail of the proposed
initiatives and mecbanisms aimed al putâng an end to
differences with Uganda. Unfortunately, they have no!
borne fruit because of the lack of political will on the
part of the Ugandan side, which bas attempted to
impede ail of the agreed-upon measures.
The Ugandan leadership must recognize that it is
no longer protected by forces behind whicb it can stand
as it implements its own agenda. The President of
Uganda will no longer be the spoilcd child of certain
Powers. Times are changing, and interests are also
changing. Ali of the immoral actions that have taken
place have become clearly evident.
Sudan totally rejects the Ugandan accusations,
which are aimed at drawing Sudan into a separate
battle. This is a desperate attempt to turn attention
away from the documented crimes of looting which are
clearly set out in the report before the Council. Sudan
calls on the Security Council to act firmly, after
obtaining all of the evidence and the facts, to deter the
17
S/PV.4317 (Resumptlon 1)
Ugandan leadership from its course of action,
following public recognition of its invasion of the
Democratic Republic of the Congo, its cootioued
lootiog of that country's wealtb and its continued
presence therein.
The President: The next speaker on my list is the
representative of Angola. 1 invite him to take a seat at
the Council table and to make his statement.
Mr. Manguelra (Angola): First, I would like to
congratula te you, Sir, on behalf of my Govemment and
on my own behalf, on your assumption of the
presidency of the Security Cou.oeil for the current
month. I would like also to congratulate the outgoing
President on the able and wîse manner in which be
conducted the proceedings of this body during his
mandate.
l also would like to take this opportunity to
express our gratitude for the holding of this open
meeting of the Council on the report of the Panel of
Experts on the lllegal Exploitation of Natural
Resources and Otber Forms of Wealth in the
Democratic Republic of the Congo, and to
acknowledge the presence of the Ministers of the
Democratic Republic of the Congo, Rwanda, Uganda
and Burundi.
The report under consideration is a document of
important factual value that describes the various
modalities of the massive pillage and illegal
exploitation of natural resources that is taking place in
the Democratic Republic of the Congo, and il
particularly focuses on the ramifications and
connections between the funding of sucb activities and
the persistence of the conflict in that country. We
compliment the group of Experts on their excellent
researcb.
The circurnstances of the presence and the
mandate of Angola and its allies in the Democratic
Republic of the Congo are widely known. The report
actually makes a clear distinction between the role of
the "invited forces" and that of the "invading forces"
when it refers to Angola and Namibia as the two
countries that fund their participation in this conflict
with expenditure money from their ordinary budget and
do not behave in a suspicions way.
In the case of Angola, that distinction shows a
recognition of my Government's policy, which is
based, inter alia, on the principle of the defence of a
18
country's sovereignty and borders; on respect for the
sovereigoty of other States; and on the pursuit of a
policy of good-neighbourliness.
A solution to the Congo issue undoubtedly can be
reacbed only with the implementation of the Lusaka
accords and their additional protocols, as well as the
implementation of the pertinent resolutions of this
body, whicb would establisb the necessary
prerequisites for Il lasting solution to the questions
raised in the report, such as the pillage and illegal
exploitation of oatural resources and other riches • a
process in wbich the international community can play
an important role.
To conclude, it is our understanding tbat the
recommcndations of the Expert Panel are to be the
object of special attention on the part of the Council,
particularly with regard to the adoption of concrete
measures to put an end to the illegal exploitation of
natural resources and to seek compensation and
reparations for damages in the Democratic Republic of
the Congo.
The President: The next speaker is the
representative of the United Republic of Tanzania. I
invite him to take a scat at the Council table and to
make his statemeot.
Mr. Mwakawago (Tanzania): My delegation
appreciates the opportunity to address the Security
Council in tbis open debate on the Democratic
Republic of the Congo. My delegation also welcomes
the report of the Panel of Experts on the Illegal
Exploitation of Natural Resources and Other Forms of
Wealth in the Democratic Republic of the Congo. We
see it as a notable contribution to our collective effort
to create the necessary conditions for peace and
prosperity for the Democratic Republic of the Congo
and its people.
Tanzania is a country that shares a border with
the Democratic Republic of the Congo. As a result of
the war in that country, we bave had to host refugees
from the Democratic Republic of the Congo. We bave
also painfully witnessed their suffering, eveo as we
have to bear the burden of bosting them. This
phenomenon bas distracted us from more pressing
issues of development in our border regions.
Conceming the Democratic Republic of the Congo, for
my President, Mr. Benjamin Mkapa, and bis
Government, notbing has been of such singular
importance as peace in that country. Peace for the
URAnnexS3
Democratic Republic of the Congo is therefore not only
in the interests of the Democratic Republic of the
Congo, but in our self-interest as well.
In tlûs regard, we view with considefllble concem
the allegations made by the Panel of Experts in
paragraph 145 of the report regarding the role of the
seaports and airports in Dar es Salaam as a transit point
for what are described as the commercial activities of
the RCD-Goma, as well as tbat of the Bank ofTanzania
as a holding point for diamonds from the Democratic
Republic of the Congo before lhey are allegedly
shipped to Belgium, the Netberlands and South Africa.
We consider those to be serious allegations.
It is instructive that these allegations are made
uoder part rn of the report, entitled "Links between the
exploitation of natural resources and the continuation
of the conflict". The obvious and perhaps unintended
implication is, of course lhat the port, the airport and
the Bank of Tanzanie are either knowingly or
uoknowingly being used to finance the continuation of
the war in the Democratic Republic of the Congo. In
the event that these claims were true, such activities
would no doubt be in clear violation of the stated
policy and commitments of the Govemment. The
Oovemrnent is therefore interested in the veracity of
the allegatioos.
Regrettably, the report does not offer much help
in tbis regard. In paragraph 145, the report alleges that
a preponderance of information obtained from
documents and individuals in Dar es Salaam and
elsewbere
"overwhelmingly suggests tbat RCD-Ooma
and others are marketing the natural resources of
the Democratic Republic of the Congo - gold,
diamonds and timber - through Dar es Salaam."
That paragrapb, however, proceeds to note that the
RCD-Goma bas fashioned a mechanism that grants an
appearance of legitimacy to the documents covering
the shipments, "complete with the required stamps and
signatures indicating approval and issuance in
Kinshasa and Lubumbashi".
Yet surprisingly, the report fails to make a
deterrnination about the real likelihood of parties in
Tanzania dealing with those documents at their face
value and in good faith. This is of particular
importance because, as a country, we have a legitimate
undertaking to facilitate the Jawful shipment of gonds
URAnnex53
S/PV.4317 (Resumption 1)
destined for or coming Crom lhe landlocked counlries
along our western borders, including the eastem
Democratic Republic of the Congo, as agreed between
our two Govemments.
Furtherrnore, it is also a matter of concem that in
paragraph 146, the report alleges that
"The shipments of gold, diamonds and
timber are also processed in Dar es Salaam in
cooperation with RCD representatives by a
company believed to be a covert business entity
created for the purpose of facilitating support for
the finaocial and logistical operations of RCDOoma."
Both the RCD representatives and the covert company
rcmain uonamed. It is even more puzzling that those
activities are said, in the same paragraph, to be
"exclusive of operations handled by the Government of
Rwanda, via Kigali". My Goveroment would like to
have details so that it can investigate them.
My Govemment is willing and ready to play a
very constructive role in our efforts to end the war in
the Democratic Republic of the Congo. But we can do
so only in the context of irrefutable facts or a
transparent process. We are too conscious that this has
not been an easy task for the Panel of Experts.
However, under the prevailing circumstances, it is
difficult for us to respond in a constructive and
meaningful way to the allegations contained in
paragraphs 145, 146, 182 and 191 of the report.
For my Oovemrnent, the door for dialogue wilh
the Panel and tlûs Council remains open. Regrettably,
notwithstanding the findings in paragraphs 14S, 146,
182 and l 91, apparently obtained through tlûrd-party
sources, "overwhelmingly" suggesting the use of
entities in Taozania as a transit point for the
inappropriate marketing of the natural resources of the
Democratic Republic of the Congo, the Panel chose not
to visit Dar es Salaam, as evidenced in annex n of the
report. ConsequenUy, no Government official, nor any
known Taozanian, was interviewed. This neglect may
have unwittingly uodermined the relevance of those
parts of the report to which we are addressing
ourselves. This significant tlaw requires a remedy.
We also continue to extend our band of
cooperation. This we do in the interests not only of
peace for the Democratic Republic of the Congo, but of
peace and prosperity in the region.
19
S/PV.4317 (Resumptlon J)
In conclusion, my delegation joins previous
speakers in expressing our deep regret for the loss of
life of the six workers of the International Committee
of the Red Cross (ICRC) in the Democratic Republic of
the Congo last month. We extend our sincere
condolences to the ICRC and to the bereaved families.
We condemn the perpetrators of the dastardly act; they
should not go unpunished.
The President: The next speaker inscribed on my
list is the representative of Zimbabwe. 1 invite him to
take a seat at the Council table and to make his
statement.
Mr. Jokonya (Zimbabwe): Like my colleagues
who spoke before me, I would like to congratulate you,
Sir, on your assumption of the presidency of the
Security Council for the month of May. The timing of
today's meeting, coming as it does immediately after
the release of the Secretary-General's report on the
Democratic Republic of the Congo, could not be more
perfect, and my delegation regards it as a privilege to
pronounce itself on an issue of such import before the
Security Council.
My delegation welcomes the open debate on the
report of the Panel of Experts on the ntegal
Exploitation of Natural Resources and Other Forms of
Wealth of the Democratic Republic of the Congo, and
would like to take this opportunity to congratulate the
Chairperson, Ms. Ba-N'Daw, and her Panel, for the
sterling work they accomplished in such a short period
of time. Ms. Ba-N'Daw and ber team ean confirm that,
truc to its word, Zimbabwe extended its full
cooperation to the Panel when it visitcd Harare during
the course of the investigation.
The revealing report before us provides insights
into the economics underpioning contemporary armed
conflicts in the Great Lakes subregion. For Zimbabwe,
this report is a vind.ication of what we bave said ail
along: the truc cause of the conflict in the Democratic
Republic of the Congo is not the loud discourse of
grievance, but the silent force of greed.
Against a backdrop of• past failures by the
international community to account for the presence of
economic agendas in conflict situations, which have at
times seriously undermined international efforts to
coordinate fragile peace agreements, tbis report, an
indictment of those countries that have invaded the
Congo, should impel this body to spare no effort in
ensuring the withdrawal of the uninvited forces from
20
the Congo, in accordance wilh Security Council
resolutions.
Let me hasten to point out that, while efforts by
the enterprising aggressor States in the Congo to
benefit materially from war througb looting and/or
other forms of violent accumulation is hardly a new
phenomenon, this bas been made possible by the wilful
participation of an international private sector which
must also be sharncd for adopting a neutral stance on a
conflict that has cost the lives of 3 million innocent
Congolcse. The international private sector,
particularly the extractive and service sectors, must be
engagcd to establish how they view the rote they have
played in fuelling and sustaioing the confiict in the
Democraric Republic of the Congo.
In the wake of the findings of this report, my
delegation finds it extrcmely difficult to sustain the
"security concems" tbesis of the aggressor States, on
the one band, and the "grievance" argument of their
su.rrogates.
We can argue hither and thither about the
grievance of the rebel groups, but this report shows
beyond any reasonable doubt that what we have in the
Congo is a greed-motivated rebellion.
White it is n.ot my delegation's intention to
belabour this point, let us remember the story of the
two drunks who fougbt because lhey were drunk. and
when asked about the altercation, tbey justified their
drunken behaviour with explanations of grievance,
arguing "He struck me first''. The true cause of conflict -
drunkenness - was masked by the discourse of
grievance. ln a real-world conflict, sucb as we are
witnessing in the Congo, this discourse of grievance,
whether along ethnie, political or social lines, also
masks underlying realities about where the origin of
the conflict lies. But thanks to this report, it is now
evident that the prodigious endowment of the Congo
with natural resources is a curse and not a blessing.
The international community bas an obligation to
criminalize the primary cornrnodity trade through
which the aggressor States have done well out ofwar.
My delegation notes with interest that the report
identifies Zimbabwe as a "special case". How
interesting. By the statement of its President of 2 June
2000 (S/PRST/2000/20), the Security Council
requested the Sccretary-General to establish an expert
panel on the illegal exploitation of natural resources of
the Congo with a mandate to collect information on ail
URAnnex53
act1v1ttes of illegal exploitation of natural resources
and other forms of wealth of the Congo, including in
violation of the sovereignty of that country. Bearing
that in mind, allow me to remind this esteemed body
tbat Zimbabwe is in the Congo at the invitation of the
legitimate Government of that country.
On 27 March l.bis year, President Joseph K.abila
of the Democratic Republic of the Congo addressed the
Parliament of Zimbabwe. After ex pressing appreciation
for the "African solidarity" sbown by Zimbabwe,
Angola and Namibia in responding to the request of the
legitimate Govemment of the Democratic Republic of
the Congo to defend its territorial integrity and
sovereigoty, and afler inviting and encouraging mutuel
bcncficial economic cooperation between Zimbabwe
and the Democratic Republic of the Congo and
referring to "our mutual projects like SENGA MINES,
among others", he had this to say:
"The joint ventures between our two
Govemrnents are not to be confused with the
looting of the minerai resources of the
Democratic Republic of Congo, as is the case in
the occupied zones of my country."
He went on to invite experts from both sides to corne
up wiÛI "new creative projects that will bcnefit our two
countries", and said that "we must accelerate the
implementation of the Memorandum ofUnderstanding,
which includes free-trade circulation of goods and
people between our two countries". President Joseph
Kabila concluded by saying that
"The relationship between the Democratic
Republic of the Congo, Angola, Namibia and
Zimbabwe in particular and the SADC region in
gencral must be a good example of integration
and southem African cooperation."
Who is better qualified to pronounce himself on
the legality of the economic cooperation between
Zimbabwe and the Democratic Republic of the Congo
than the President of the Democratic Republic of the
Congo himself7
The report before us iosinuates that my President,
Mr. Robert Gabriel Mugabe, once told uonamed
interlocutors that the late President Kabila had given
him a mine concession. The suggestion here is tbat my
President derived persona) gain from Zimbabwe's
intervention in the Democratic Republic of the Congo.
In the same breath, in paragraph 165, the Panel says
URAnnex53
S/PV.4317 (Ru11mptlon J)
that it "does not draw any conclusions" from
Zimbabwe's economic cooperation with the
Democratic Republic of the Congo. Why then does it
allow this insinuation to be embedded in the report?
My Govemment dismisses this innuendo with the
contempt that it deserves.
As pointed out by President Joseph Kabila, the
joint ventures and other operarions of Zimbabwean
companies in the Democratic Republic of the Congo
are above board and are carried out under agreements
with the Goverrunent of the Democratic Republic of
the Congo and in compliance with the laws of that
country.
Allow me to observe that many foreign couotries
and companies, the majority from the developed
countries, are operating in the Democratic Republic of
the Congo, in accordance with international aod
domestic laws of that country in the same manner that
Zimbabwe is doing, and yct they are not treated as
"special cases".
President Joseph Kabila's explanation of
Zimbabwe's intervention in the Congo tberefore differs
very much from the conclusions drawn by the report
before us, and it is not difficult to see why.
Because the report treats Zimbabwc's
intervention in the Congo from an ahistoric
perspective, it renders the whole exercise a perfunctory
one, whereby the Panel congratulates itself for doing
its job by coming up witb conclusions of noneooperation,
but for the wrong reasons.
To set the record straight, let us go back down
memory lane to 1998. At the Southern African
International Dialogue on smart partnership, held in the
Namibion coastal town of Swakopmund at the end of
July 1998, President Museveni of Uganda asked
President Mugabe, in bis capacity as Chairman of the
Organ on Politics, Defence and Security of the
Southern African Development Community, to convene
a meeting to discuss the situation in the Democratic
Republic of the Congo. Museveni told President
Mugabe of Zimbabwe, President Mkapa of Tanzania
and President Nujoma of Namibia that trouble was
brewing in the eastem Congo, and that Mugabe and his
colleagues needed to call Kabila of the Democratic
Republic of the Congo and Bizimungu of Rwanda to
ascertain what was happening.
21
SIPV.4317 (Resumptton l)
Pursuant to President Museveni's request,
President Mugabe called a summit meeting of the
Democratic Republic of the Congo, Uganda, Rwanda,
Zambia, Tanzania and Zimbabwe at Victoria Falls on
7 and 8 August 1998. The disagreement at the Victoria
Falls Summit regarding the nature of conflict in the
Democratic Republic of the Congo - whetber it was
an internai rebellion against Kabila, as claimed by
Rwanda and Uganda, or a foreign invasion - resulted
in the setting up of a committee comprising Namibia,
Tanzanie, Zambia and Zimbabwe that had a dual
mandate. The mandate was as follows: to verify
whether the fighting in the Democratic Republic of the
Congo was the result of an internai rebellion or an
aggression by neighbouring countries and to
recommend a way forward, depending on the îmdings.
In pursuancc of the above, the Foreign Ministers
of Namibie, Tanzania and Zambie, headed by
Zimbabwe's Foreign Minister, visited Uganda, Rwanda
and the Democratic Republic of the Congo, including
Goma, from li to 18 August. During their trip, the
team held extensive discussions with Presidents
Museveni, Bizimungu, Kabila and Kagame and the
rebel leadership in Goma, as well as the people of the
eastern Congo, regarding the war situation.
Tbe ministerial team concluded that wbile there
were rebels in the Democratic Republic of the Congo,
there was very clear and irrefutable evidence of a
foreign invasion, that propped up the rebellion. In
addition to eyewitness reports of Rwandese troops
passing through the war front, there was also the
interesting coïncidence that the rebeUion started onJy
after Kabila had dismissed Rwandese officers from the
anny of the Democratic Republic of the Congo.
After realizing that be could not contain the
foreign invaders atone, the late President Kabila
appealed for assistance ûom the member countries of
the SADC. The request was made at a meeting of the
Inter-State Defence and Secu.rity Committee that was
held in Harare on 18 August to consider the situation in
the Democratic Republic of the Congo. The military
intervention by Angola, Namibia and Zimbabwe came
as a result of this appeal by the intemationally
recognized Government of the Democratic Republic of
the Congo; a member of SADC. Furthermore, the
request of the Democratic Republic of the Congo to
SADC was in line with Article SI of the United
Nations Charter regarding the right of a State to ask for
military assistance when its security, sovereignty and
22
territorial integrity are threatened. The decision was
also in line with a resolution of the Inter-State Defcnce
and Security Committee at a meeting held in Cape
Town, South Africa, in 1995, at which SADC couotrics
agreed to take collective action in the case of attempted
coups to remove Governmcnts by military means. lt
was in this ~1>irit that troops from Botswana and South
Africa intervened in Lesotho to suppress an anned
mutiny against the Government in 1998.
In line with the Lusaka Ceasefire Agreement,
Zimbabwe bas started withdrawing its forces forrn the
Congo and my delegation would like to take this
occasion to reaffirm that Zimbabwe has no hidden
agenda in the Congo and seeks only to safeguard its
territorial integrity and sovereignty.
I would also like to bring to memory the rote
Zimbabwe bas played in the cause of African liberation
and dignity. Zimbabwe deployed its forces in
Mozambique in 1995 to fight alongside their
Mozambican counterparts against RENAMO, a
surrogate of apartheid South Africa. Those same troops
were to remain in Mozambique for seven years and
effectively contributed to ending the war in
Mozambique with only one purpose: to belp
Mozambique regaiu peace, stability and development.
My delegation supports the Panel's
recommendations around the outlined broad themes of
sanctions against countries and individuals involved in
the illegal activities; preventive measures to avoid a
recurrence of the current situation; reparations to the
victims of the illegal exploitation of natural resources;
improvement of international mechanisms and
regulations goveming some naturel resources; and
security issues.
ln conclusion, let me quote David Keen, wbo bas
observed:
"Conflict can create war economies, often in
the regions controlled by rebels or warlords and
linked to international trading networks where
members of arrned gangs can benefit from looting.
Under these circumstances, ending civil wars
becomes difficu!t. Wmning may not be desirable;
the point of war may be precisely the legitimacy
wbich it confers on actions tbat in peacetime would
be punishable as crimes."
The adoption of the report's recommendations
will act as a disincentive to those forces that bave
URAnne:x: 53
uoleashed violence on the Congolese people,
purportedly in searcb of security.
The President: I now call on the Minister of
State for Foreign Affairs and Regional Cooperation of
Uganda.
Mr. Mbabazl (Uganda): I wish, belatedly, to pass
on our condolences to the bereaved families of the six
workers of the International Committee of the Red
Cross who died in eastem Congo and to inforrn this
Council that the Uganda People's Defence Forces have
undertaken to help in the effort !o investigate and trace
those who are responsible for cornmitting this crime.
I would also like to inform this Council that, two
days ago, on l May, at the border of the Democratic
Republic of the Congo and Uganda, at about 6 p.m.
local rime, a truck full of local people was coming
from the market on the other side and was attacked,
presumably by the Interahamwe. The local Muslim
leader and his wife were killed, as were two
businessmen, while three others were wounded. This is
very close to the place where, in 1999 - in March, I
believe - eigbt tourists and a Ugandan game park
warden were killed by the same forces. I felt that I
sbould give this Council that information so that it may
be inforrned about the situation in the border area.
Finally, I would simply want to say tbat I will not
respond to the statemen! made by the gentleman from
Sudan, for fear tbat people may not be able to tell the
differenc.e between us.
The President: I thank the representative of
Uganda for bis statement about the effort by Uganda to
cooperate in bringing to justice the killers of the
workers from the International Committee of the Red
Cross.
I call on the Special Envoy of the President of the
Rwandese Republic.
Mr. Mazimbaka (Rwanda): I would like to make
a few final remarks on the debate which, 1 think, has
been very illuminating and vcry instructive for my
delegation on the thinking and the direction of tbis very
important investigation that the Council bas undertaken
to institute.
We bave tried today to reiterate to the Council the
historical reasons for our involvemen! in the Congo.
The security problems caused by criminal forces based
in the Democratic Republic of the Congo to our
URAnnex.53
S/PV.43J7 (Ruamptlan 1)
countries - Rwanda, Uganda and Burundi - are not
deniable. Examples are abundant. My colleague bas
just meotioned some of the Jatest. These should be
addressed by the Council and ourselves tbrough the
process tbat we have undertaken to retum normalcy to
that region. This was one of our recommendations.
Uiμortunately, before this meeting has even
ended, we have begun to see the faJlout from some of
the problems that we think lie witb the report. Member
countries that would not cooperate with the Panel have
used this occasion today to corne and lambaste
everybody and proclaim their innocence in the
exploitation of the resources of the Congo. This was
the case in the speeches made by the representatives of
Namibia and Zimbabwe. They have used this occasion
to bring back debates !bat we thought we had put to
rest, debates of invited and uninvited parties to the
Lusaka Agreement. This is no! very belpful at ail, and
they take this courage from the report they thought was
the point of departure in this.
Even if this was the case, l do not believe that the
Oovemment of the Democratic Republic of the Congo
invited Namibie and Zimbabwe to go there to Joot. So
there cannot be any justification for feeling selfcongratulatory,
because they did not cooperate witb the
Panel.
My colleague did no! say this, but I think it is
important for us to note that the intervention of the
President of the Sudan simply took up an issue that
Minister Mbabazi had raised about exposing unduly the
personalities in our region to abuse, and I believe the
courage and the occasion to do that were given by the
debate of an otherwise worthy cause, that is, the
investigation of the misuse of resources in the Congo. I
think we should take care that no other actions are
taken based on this report until we have seen a full
investigation and a fuller debate than wbat we bave
held today.
I wish to reiterate in front of the Council that the
Govemment of Rwanda will once again cooperate with
the Panel when it is exercising its extended mandate.
The President: I thank the Special Envoy for his
statement and for bis repeated affirmation of
willingness to cooperate with the Panel in the future.
Tbere are no further speakers inscribed on my
list. I want to thank the Ministers, the Panel
Cbairperson, and the Panel members for their work and
23
S/PV.4317 (Resumplion 1)
their contribution to this phase of our discussion. I
think the discussion, as the Special Envoy just said, has
been illumi.nating in many respects. Therc arc
differences in perspective, of course, but there seems to
be some grounds for hope that progress can be made in
addressing and resolving the concerns that were raised
and explored today.
I would express my own hop"e that in the future
discussions in this Chamber on this subject and others
we could avoid excessive rhetoric that does not
contribute to the purposes of this Council.
The Council's own view of this phase of our
discussions on the Democratic Republic of the Congo
wiU be set out in a statement that I will make on behalf
of the Council in the near future, that is, in the next
five minutes.
The Security Council bas thus concluded the
present stage of its consideration of the item on its
agenda. The Council will remain seized of the matter.
This meeting is adjoumed, to be followed by the
next session of the Council in five minutes.
The meeting rose at 5.50 p .m.
URAnnex53
URAnnex54
United Nations
Security Council Distf.: General
3 May 2001
English
URANNEX S4
StPRST/2001/13
Original: English and French
Statement by the President of the Security Council
At the 4318th meeting of the Sccurity Council, held on 3 May 2001, · in
connection with the Council's consideration of the item entitled "The situation
concerning the Democratic Republic of the Congo", the President of the Security
Council made the following statement on behalf of the Council:
"The Security Council recalls the statement of its President of 2 June
2000 (S/PRST/2000/20). It expresses its intention to give full consideration to
the report of the Expert Panel on the Illegal Exploitation of Natural Resources
and Other Forrns of Wealth in the Democratic Republic of the Congo
(S/2001/357). Il takes note of the action plan of the Expert Panel for the
extension ofits mandate (S/2001/416).
"The Security Council notes that the report contains disturbing
information about the illegal exploitation of Congolese resources by
individuals, Governments and armed groups iovolved in the conflict, and the
link between the exploitation of the natural resources and other forms of
wealth in the Democratic Republic of the Congo and the continuation of the
conflict.
"The Security Council condemns the illegal exploitation of the natural
resources of the Democratic Republic of the Congo and expresses its serious
concern al those economic activities that fuel the conflict. It urges the
Govemmenls named in the report in this regard to conduct their own inquiries
into this information, cooperate fully with the Expert Panel white eosuring
necessary security for the experts, and take immediate steps to end illegal
exploitation of the natural resources by their nationals or others under their
control.
"The Security Council notes with concern the terrible toll the conflict is
taking on the people, economy and environment of the Democratic Republic of
the Congo.
"The Security Council believcs that the only viable solution to the crisis
in the Democratic Republic of the Congo remains the fu ll implcmentation of
the Lusaka Ceasefire Agreement (S/1999/815) and the relevant Security
Council resolutions.
"The Security Council emphasizes the importance of a comprehensive
approach addressing ail the root causes of the conflict to achieve a lasting
peace settlement in the Democratic Republic of the Congo.
01-35950 (E) 030501
1m1111111m111~111111
SIPRST/2001/13
2
URAnoex54
"The Security Couocil requests the Secretary-General to extend the
mandate of the Expert Panel for a final period of three months, and requests
also that the Expert Panel submit to the Council, through the SecretaryGeneral,
an addendum to its final report which shall include the following:
"(a) An update of relevant data and an analysis of further information,
including as pointed out in the action plan submitted by the Panel to the
Security Council;
"(b) Relevant information on the activities of countries and other actors
for which the necessary quantity and quality of data were not made available
earlier;
"(c) A response, based as far as possible on corroborated evidence, to
the comments and reactions of the States and actors cited in the final report of
the Expert Panel;
"(d) An evaluation of the situation at the end of the extension of the
mandate of the Panel, and of its conclusions, assessiog whether progress bas
beeo made on the issues which corne under the responsibility of the Panel.
"The Security Council expresses its intention to examine and respond to
the recommendations of the report in the light of the addendum submitted by
the Panel, so as to advance the peace proccss in the Dcmocratic Republic of
the Congo."
URAnnex55
United Nations
• Security Council DistT.: Gencral
9 May 2001
Original: Bnglish
Letter dated 4 May 2001 from the Permanent Representative
of Uganda to the United Nations addressed to the President
of the Security Council
URANNEXSS
S1200114ss
On instructions of my Government, 1 have the honour to forward to the
Security Council Uganda's response to the report of the Panel of Experts on the
Illegal Exploitation of Natural Resources and Other Fonns of Wealth of the
Democratic Republic of the Congo (S/2001/357 of 12 April 2001) (see annexes).
As Amama Mbabazi, Minlster of State for Foreign Affairs (Regional
Cooperation) stated in the Security Council debate on 3 May 2001, Uganda believes
that the report suffers from a number of fundamental flaws, and could be
diversionary. Therefore the Government of Uganda urges the Security Council to
remain determined and committed to the search for peace and stability in the
Democratic Republic of the Congo by focusing and supporting the Lusaka Peace
Agreement.
I should be grateful if this letter and its annexes were brought to the attention
of the members of the Security Council and also circulated as a document of the
Security Council.
01-36684 (f?) l60S0l IDRmE1UWIUIDEIUIIU
(Signed) Semakula Kiwaauka
Ambassador Extraordinary and Ptenipotentiary
Permanent Representative ofUganda to the United Nations
Aonex ( to the letter dated 4 May 2001 from the Permanent
Representative of Uganda to the United Nations addrcssed to ·
the President of the Security Council
RESPONSE
BY THE GOVERNMENT OF THE
. REPUBLIC OF UGANDA
TO
THE REPORT OF THE UN PANEL OF EXPERTS ON THE
ILLEGAL EXPLOITATION OF ~ATURAL RESOURCES
AND OTHER FORMS OF ~ALTH OF THE DEMOCRATIC
REPUBLIC OF THE CONGO
MINISTRY OF FOREIGN AFFAIRS
KAMPALA, UGANDA
3RDMAY2001
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Sl200Jl4S8
3
------------
S/20011458
Contents
Pag,
1. Introduction .................................. , ...........•. ,. . . . . . . . . . . . . . . . . . . . . 5
2. Why Uganda is in the Democratic Republic of the Congo. ....................... ... ... 7
2.01. Security concerns ... : ...... . .. ....... . ...•.........•........ •. . . . . . . . . . . . . . . . . . . . . 1
2.02. Lusaka Peace Agreement. . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 9
2.03. Good faith and transparency - ICJ case . . . . . . . . . . .. . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . 10
3. Response to the report . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . ... . . . . . . . . . . . . • . . . . . . . 11
3.01. Panel: fundamental flaws ... . .....•..•.... . .. ............ .. ... . ~. . . . . . . . . . . . . . . . . . . . J 1
(a) lnterpretation of mandate . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . 11
(b) Cohceptual definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . 11
(c) Illegality and violation of sovereignty . . . . . . . . . . . . ... . . . . . •• • . • . . . . . . . . . . . . . . . . . . 12
(d) Methodology . ..... ...... ...... ... ....... ... •...... ... . ; ........... , . . . . . . . . 13
(e) Composition ....... .. . . ........... . ..... . •.......... . . •... . ....... . . . . . . . . . 14
(f) lncompetence .. . ....... . ....... ...................... . . , . . . . . . . . . . . . . . . . . . . . 14
3 .02. Allegatlons that U ganda illegally exploited natural resources of the Democratic Republic of
the Congo ....... . ........ . . ... ..... . ................ .. .... ,.................... 15
(a) Mass•scale looting ........................•............ , . . . . . . . . . . . . . . . . . . . . 15
(b) Systemic and systematic exploitation... ... .... . . . . .. . . . . • ..• • . . . . . . . . . . . . . . . . . . . . 18
3.03. Allegations against individuals ................. .• .... . ....... ; . . . . . . . . . . . . . . . . . . . . 28
3 .04 ." Exploitation of natural resources and· the continuation of the conflict: a fallacious linkage. . . 31
4. Pancl's conclusions. findings and recommendations................................ . . . 39
5. Conclusions and recommendations of the Govcmment ofUganda . . : .................... 48
5.0 1. Conclusions ... ........ ... . ........ . ....... . ..•... . . ....... ·, . . . . . . . . . . . . . . . . . . . . 48
5.02. Recommendations and way forward. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . 48
Appendices
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- . , . ........ .... - - ·-· . . . ~ ..
1 INTRODUCTION
1.01 Background
On request of the President of the United Nations Security Council, on the 2nc1 of
June 2000, the Secretary General of the United Nations established a Panel of
Experts on the illegal exploitation of natural resouroes and otherforms of wealth of
the Democratic Republic of C_ongo. The mandate of the Panel of Experts was:
• To follow up on reports and collect information on all activities of illegal
exploitation of natural resouroes and other forms of wealth of the DRC,
inciuding violation of the Sovereignty of that country;
• To research and analyse the links between the exploitation of natural
resouroes and other forms of wealth in the DRC and the continuation of (he
conftict;
• T o revert to the Security Council with reconmendations in six months.
The Panel of Experts visited Uganda from the 51tt November 2000 to the 12"'
November 2000. The team was well reoeived and convnenoed its business on the
r" of November 2000. The Panel of Experts met H.E. the President of Uganda, Y.K
Museveni, and H.E.. the Vice President, Dr. Speciosa W. Kazibwe. The Panel also
held meetings with various Cabinet Ministers, the Parf iamentary Comnittee on
Foreign and Presidential Affairs, Diplomats resldent in Kampala and members of
the civil society. (See appendix 1)
ln January 2001, the Secretary General of the UN released the lnterim Report by
the Panel on the lllegal exploitation of the natural resources and other tomas of
wealth in the ORC. The Govemment of The Republic of Uganda dufy made her
comments to the Secre1ary General on the lnterim Report. (S/2001/84).
URAnnex55
S/200)/458
s
S/1001/458
6
The Govemment of the Republic of Uganda has reoeived a copy of the report of the
UN Panel of Experts on the lllegal Exploitation of Natural Resouroes and other
forms of wealth of the ORC that was released on the 16" April 2001.
The Govemment has noted with grave concem the contents of the Report
especially the serious allegations and accusations against 1he Govemment of
Uganda, H.E. the President and high ranking offioers of the UPDF.
The Govemment extended maximum cooperation to the Panel dwing their visit to
Uganda However, in spite of this assistance, the Panel proceeded to make serious
allegations against the President and the Govemment of Uganda without tangible
evidenoe. We can thus only concfude 1hat the Panel was moved by other special
int.erests with a rnalicious agenda against the President and the Govemment of
Uganda. The Report tries to put the name of the President into disrepute and
ridicule among the right thinking members of the International Corrwnunity and by
this, destroy the good name of the Govemment of Uganda and malign au the
achievemen1s of growth and recovery that have been achieved.
Despite this development, the Govemment of Uganda reiterates its respect for the
United Nations and its organs and re-assures the Secretary-General of our
willingness to cooperate 'Nith the Panel to arrive at the truth of the allegations made.
1.02 Key Elements of the Response:
The response of the Govemment of the Republic of Uganda as stated in this
document covers the following points:
• The reasons why Uganda sent her army to the DRC;
• The efforts that are being made ta resolve the conflict;
URAnnex SS
• The fundamental flaws of the Panel of Experts in the way they handled their
mandate;
• Response to the specific allegations made against Uganda;
• The linkage between the exploitation of resouroes and continuation of the
conffict;
• The Panel of Experts' conclusions and reconmendations and our
reconmendations on the way forward.
The areas mentioned cover the two major issues raised in the Report i.e. the
alleged mass-scale looting and the systematic and systemic exploitation of the
natural resources and other forms of Vt1eafth of the ORC by Uganda and linkage with
the continuation of the conflict.
2. WHY UGANDA IS IN DRC
2.01 Uganda Security Concerna in the DRC
Uganda's military involvement in the DRC is the result of her security concems
aJong its Western borderemanating fromtheterritoryofthe DRC. This involveinent
was with the consent of the ORC Govemment as per the Protocol of 27th April
1998. (See Appendix 2)
The basis of this Protocol was the realisation of capacity constraints of the
Kinshasa Govemment to have full contrai over its territory in the eastem part of the
ORC.
The following are specific acts of aggression which have been emanating from the
DRC:
• Terrorist attacks on Uganda by:
UR Annex: SS
SIZOOt/458
7
- - ----------------------------------
S/2001/451
H
- Allied Democratic Forces (ADF)
- Former Uganda National Army (FUNA)
- Lords Resistanoe Amry (LRA)
- West Nile Bank Front (WNBF)
- Uganda NationaJ Rescue Front Il
- Ex-FAR and lnterahamwe
These rebel groups have been and are being supported and supplied by the
Sudanese Govemment in Khartoum and the regime of the Kinshasa
Govemment.
• Prollferation of EX-FAR and the lnterahamwe Genocidafres on DRC
territory and their collaboration with Ugandan rebels.
- Whereas Uganda went into the DRC in reaction to ac1s of destablisation
emanating from DRC territory, our forces were brought face to face with the
naked threat of another genocide in the region. Like his predeoessor,
President Joseph Kabila is seen to support lnterahalTIIN8 and ex-FAR on
DRC territory. The latter are not only a threat to the region but afso have
unforgettable record of committing the most heinous aimes against
humanity. The evil act of the Bwindi massacres in March 1999 by the
lnterahamwe serves as a reminder that their evil program is still in place.
Besides, we all have an obligation to ensure the non-recurrenoe of genocide
in the reg ion. The lnterim Report of the International Commission of inquiry
on Rwanda published under Ref. s/1998nn requested by the UN Security
Council has details of vivid evidence of linkage between ex-FAR and
lnterahamwe with Uganda rebels and their missions to destablise the
regions and Uganda in particular. For example the grisly Kichwamba ( 1998)
massacre where over 80 students were locked up in their dormitory and
URAnnexSS
· · ·· ·-----
bumt to ashes and the Bwindi attack (1999) in which 8 foreign tourists was
massaaed respectively.
• Unc:ontn>Ued ftow and trafficking of anns in the DRC as the result of the
collapse of State authority in the Eastam Part of the country is also a
thrut to peace and security in the region.
2.02 The Lusaka Peace Agreement:
Since the eruption of the conflict in the DRC, severaJ sunmits and meetings
at various revets have been held with the aim of finding a peaoeful resolution
to the conflict The President of the Republic of Uganda H.E. Y. Museveni
played a very central role in convening these meetings which ended in the
Lusaka Peace Agreement signed in Lusaka on 10th July 1999.
The fact that the DRC Govemment signed the Agreement means that DRC in
conjunction with members of the OAU and the UN recognises the security
conoems of countries neighbouring the ORC.
The Agreement has therefore been regionally and intemationally
acknowfedged as the most viable framework for the resolution of the ORC
conflict, especially in as far as it has:
addresses the security concems of the ORC and the neighbouring
countries;
address the Internai dimension of the conflict through National Dialogue
involving all the Congolese parties with equal say;
- purports to restore unity and bring peace in the region.
URAnoexSS
S/lOOJ/458
S/2001/458
The process of ifT1)1ementing the Lusaka Agreement has since been reenergised
with
in Kinshasa.
President Joseph Kabila assuning the realm of power
As a sign of her convnitment to a peaceful and permanent solution to the
ORC conflict, Uganda:
• Has participated in all reglonal and other fora on the confllct;
• Remains committed to the Lusaka Agreement, as the most viable means
-to overcoming the problem;
• Has unllaterally withdrawn nlne battalions fromthe ORC between August
2000 and Marctt 2001 .
Uganda therefore invites all parties to the Lusaka Peace Agreementto recommit
themselves to its full implementation.
2.03. Good Faith and Transpantncy - ICJ Case ·
10
The Govemment of the Republic of Uganda has demonstrated utmost good faith
and transparency in her ORC policy. A case in point is the suit filed at the
International Court of Justice in The Hague by the Govemment of the ORC against
Uganda.
The case accuses Uganda of, inter alia, illegal exploitation of DRC resouroes. By
law, Uganda had the option of not subjecting herself to the jurisdiction of the ICJ in
this contentious case. However, Uganda Govemmentdecided in principal to accept
the jurisdiction of the ICJ and defend herself.
This is a clear illustration that Uganda is not in the DRC for any other purpose
except for her security concems. If this were not the case, Uganda could not have
subjected herself to this strenuous and costly process.
URAnnexSS
3. RESPONSE TO THE REPORT:
3.01 Fundamental Flaws of the Panel (paras 9-16)
a) lnterpretation and application of the mandate
The Govemment of the Republic of Uganda is of the opinion that the UN Panel of
Experts made a grievous error in the interpretation of their mandate. Their
interpretation that the Security Council mandate assumed that all parties to the
conflict are motivated by the desire to contrai and profit from the naturaJ resources
of the DRC and that they finance their amlies and military operations by exploiting
those resouroes iserroneous. This error can be observed fromthe Panel's methods
of work and the conclusions they arrive at From the beginning, the Panel asserts
that theirs was a fact-finding Mission and not an investigative one. Our
interpretation of the mandate is that the Panel of Experts was to establish facts
based on evidence.
The Reportdeliberately ignores ail the otherpolitical developmentse.g. the Lusaka
Agreement and proceeds on the assumption that certain parties inciuding Uganda
are involv~ in the illegal exploitation of natural resouroes with the lnterest of
continuing the conflict. The Panel of Experts thus gave a very narrow interpretation
to their own mandate.
b) Conceptual definitions
The UN Panel of Experts embarked on the fact-finding mission without formai rules
of procedure known to the parties and definitions of key words/concepts pertinent
to the exercise. Formai representations were made to the Panel of Experts to
provide Uganda Governrnent with the questionnaire and definitions of contentious
words like "illegality" and "violation of Sovereignty".
URAnnex55
S/2001/458
Il
Il
However, no questionnaire was made available to the Govemment delegations until
the prooeedings had staroed. This lack of transparency on the part of the Panel of
Experts did not demonstrate good faith.
e) lllegaltty and violation of sovereignty.
The definition of illegality as given by the Panel is narrC7N and misleading. The
conflict in the DRC is well known and the parties to that conflict are known to the
United Nations. The civil war that is ln the DRC is between the Kinshasa
Govemment and the rebel groups in the East and Northeast
The rebet groups who are in charge of the civil administration of the areas they
control are responsible for their natural resources. These rebel groups have
become recognised as parties to the conflict and are therefore subjects of
international law.
lt is our considered opinion that the Panel of Experts did not give proper
conskteration to this issue when dealing with the areas occupied by the rebels. The
rebels in the DRC are citizens of the DRC and entitted to the natural resouroes of
their country.
The submlssion of the Panel of Experts that, business activities carried out in
violation of international law are illegal is incorrect. The civil war in the DRC is
recognised by the International Community and there is a political and diplomatie
process that is underway to resolve the problem. lt is our opinion that the Panel of
Experts misdirected itself on this issue. The Experts deliberately refused ta
acknowledge the presenoe of the rebel administration in the said parts of the DRC.
The trade that is taking place between the rebel held areas and the neigbouring
countries canno~ be called illegitimate. The citizens of the DRC who cannot access
UR Annex55
··---··. . ...... -...... - ...... -.... - ... --
S/2001/458
the services of the Kinshasa Govemment are entitled to tr;lde their commoditJes for
survival.
d) Methodology
The Government of the Republic of Uganda is greatly conoemed at the methods
used by the Panel of Experts (para 9-11 ). Despite the assertion in the Report that
" ... data were systematically analysed separately and then cornpared with one
another •.. • and that " •.. the Report was written using en.,irical method combined
with the economic analysis of data collected supported by elements of evidence",
(para 11) Uganda holds a strong view that the Panel of Experts did not follow this
methodology.
• The Panel of Experts tumed down a request by the Uganda Govemment to
present. in writing, the substance of the allegations by the DRC Govemment in
order to enable her adequately prepare a response.
• The Panel of Experts tumed down a meeting with the Ugandan experts ( civil
servants) for in-depth dialogue and instead preferred to interview Ministers.
• Most of the evidence/data on economic performance submitted to the Panel of
Experts by the Uganda Government officiais is not reflected in the Panel's
Report.
• The Panel of Experts tumed down a no-costs security guaranteed opportunity
to visit all the areas under UPDF control in the DRC, in order to interview the
civil society, the rebel leaders and UPDF offioers so as to establish the facts on
theground.
URAnnex55
13
••
• Economie links/associationslcorrelation do not prove •causality'". No rigorous
econometric and statistical analysis was contalned in the Report to prove
•causality".
e) Composition of the Panel of Experts (para 2)
The Govemment of the Republic of Uganda is of the opinion that the
membership of the Panel of Experts does not reflect a fair representation of
the int.erests and forces involved in the ORC conflict. regardlng the
standards of if11)artiality and knowledge of the area.
f) lncompetance of the Panel
ln various areas of the Report the Panel of Experts demonstrates lack of
coherenoe and oonmon knowledge about the history, geography and parties
to the conflict in the ORC. The following are examples:
• Acts corrmitted by Congolese nationals are deliberately mixed with 1hose
allegedly corTl11itted by Uganda (see para 58), to malign Uganda's image
without evidence.
• ln Para 64 imports to the rebel held areas are said to be coming through the
Ports of Mombasa and Dar-es-Salaam. This is a fact that has existed for a long
Ume. lt has no relation to the allegation of Uganda's plans to control local
commerce of the DRC.
~ Para 95 of the Report acknowledges that Uganda Govemment provided
extensive data and information requested by the Panel of Experts. Despite this
cooperation, the Panel of Experts' Report makes plenty of conclusions based
on the un-named sources. unsubstantiated aflegations, outright hearsay and
illogical conclusions .
URAnnexSS
S/1001145!
.!. Para 80 of the Report alleges that certain COfll)anies have their headquarters
. .
in Kan1)ala yet there is no evidence of their existence in the COR1)any register
I • ~· • • • 4 • ,
ofUganda.
. '
3.02. Allegations that Uganda lllegally Exploited Resources of the Democratic
Republic of the Congo
a) Mass .. cale Looting
i) Main Allegation:
The Panel alleges (para 5, 32) that between September, 1998 and August 1999,
Uganda anny drained the zones under its control of existing stockpiles of minerais.
agricultural products and forest products and, livestock and money. The Pan~J
further alleges that these stockpiles were either transferred to Uganda or exported
to international markets by UPDF or Ugandan nationals.
Response:
Uganda categorically states that members of UPOF (Ugandan ~) are prohibited
by Ugandan administrative regulation.s from engaging in b.u .s.i ness whether in
Uganda or in ORC. The President's (Commander-in-Chief) own directives and
instructions are a case in point The Panel's statement is, the.re.f.o re, not a true
reflection of Goven:iment policy. UPDF could not have done the above footing
activities; which if they were mass-s~le, as alleged, would hav~ been noticed by
Ugandan customs officiais and other agencies which wa.s not th~ case. And there
would have b~n a ~rama~c increase in imports into Uganda <:>r re-exports from
Uganda, which is notthe case given the statistics, availed to the Panel in November
.···. . . . .
2000.
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IS
16
SllOOl/458
il) C.... for lluatration (Pari 3', 35, 38):-
The Panel alleges (para 34) that General Kazini (of the UPDF) ordered confiscation
of timber stockpiles, and that together with Jean Pierre Berma of MLC mganised
a large operation for the confiscation of timber in Equateur Province. As evidence,
the panel says General Kazini was reportedly seen in the areaJwice during looting
and tell1)0rarily established his headquarters there.
Rpponae:
Conceming tirmer looting, between 1997 - 2000, records given to the Panel,
{Appendix 1, Para 8.4) of the value of i"l)Ol1s of timber products from the DRC in
COR1)8rison to what is locally produoed and consumed in Ugandawas less than 1 %.
Thisisnotanindicationoftransfersofvast·stockpiles•tolJgandaafterconfiscation
from Annex-bois and La Forestiere. lherefore, no such looting could have 1aken
place as alleged.
On confiscation of Coffee beans (Para 35). The Panel niakes an erroneous
interpretation that the presenoe of General Kazini in the province must have been
used for suct, activity. Worse still, that he cooperated with the Congolese leader,
Jean Pierre Bemba. General Kazini was in the area as overall Conmander to
oversee UPDF military and security-related issues 2f!!Land not for business
related questions or looting. Business and other economic activities were the
preserve of Jean-Pierre Bemba of the MLC which is in charge of the territory.
ili) Para 137 alleges that DRC coffee is mixed with Uganda coffee but Uganda's
coffee is of very high quality and importers have continued to give a· premium price.
ln response to this and to para 102, Uganda's coffee exports have instead been
on a decf ine as shown in table below. Therefore, no mass transfer of coffee from
the DRC into Uganda ever happened.
UR Aooex55
S/2001/458
YEAR . BAGS
1996/97 4,237,114
1997/98 3,032,338,
1998/99 3,647,989
1999/2000 2,917,257
On dismantled factories and machinery spare parts, (para 36) the Panel provides
absolutely no evidence to link this to the UPDF and the said spare parts were
transferred to Uganda. The citing of this alleged açtivity is therefore in bad faith.
The Panel makes a false insinuation that cars and other items were taken from
DRC to Uganda and that Ugandan statistics prove this as there was a 25% (one
quarter) inaease on registered cars in 1999. EiOE!, ·cars in DRC are mainly lefthand-
drive, while those of Uganda are right-hand-drive. There are very few lefthand
driven cars on Uganda roads. But the 25% is supposed to have came in from
DRCI I Since there are hardly any good roads in DRC, the majority of the cars are
4-Wheel drive which dominate the market Such large 4 X 4 number of cars (and
left hand) should be visible to any observant person on Uganda roads. And this is
not the case. The conclusion by the Panel on growth rate of vehicles reglstered in
Uganda is inconsistentwith the data for 1995-2000, which was provlded to the UN
Panel.
iv) The Panel (Para 43 and 44) alfeges that Uganda's highest Amry Commanders
not only encouraged, but also organised and coordinated footing of manufacturing
1 •
plants, stocks and private property. No evidence of a plant, stocks or private
property that was looted by Ugandans is mentioned. ln th.is there is a fallacious,
even malicious attempt to paint a negative image of the UPDF. This attempt is
seen in Para 44 (naming General Kazini's facilitation of looting· activities) .
.-t • - •
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The Panel concludes 11:s allegatlon on man-fÇale lootlng (Para 45) by
erroneously lnferring that Uganda Govemment was aware of the lootlng on
the ground ln DRC. This is clearty not fact tindlna but hearsay. Secondly, the
panel'• 'strong lndlca~ns· are not backed by hard evldence (meNly talldng
to numerous witnnses is not evldence •pecially when they are unnamed).
18
ln oondusion, Uganda finds serious 8'Neeping accusations advanoed by the Panel,
but with little or no credible evidence (at least it has not provided). This allegation
ls inconsistent with the evidenoe data shown .
(b) Syaamlc and Systamatic exploitation
1) Allegatfona
1. That UPDF planned and organised systematic and systemlc exploitation of
the natural resouroes of the DRC including timber, minerais, wildlife and otherforms
of weaHh (taxes and use of cheap labour). Key alleged components of Uganda's
exploitation are:
• The establishment of state structures and systems of e.g. Adninistrative
structures, modes of transportation, and financial networks (paras 71-n).
• Persona! involvement of H.~ . the President Museveni as eitt~er (i) a family
shareholder in some of the involved companies (para 80) (ii), an ~ccompllce and
1
(iii) on the verge of becoming a godfather of the illegal exploitation (paras 201-
206, 211). 1
• The collusion by the Ministry of Water, Land and Forestry in establishing a
scheme to facilitate the certification of timber from the DRC as of Ugandan
_ origin.
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Response:
• lnvolvement of President Museveni: (paras 201 - 206)
- The Panel admits the need to refrain from making allegatïons about the
persona! involvement of the President. due to lack of evidence (para 195)
and yet makes strong inferences and conclusion that President Museveni is
an accomplice in the illegal exploitation of naturaf resouroes of the DRC, and
that he is faying the foundation for the continuation of war in the DRC. (para
201-206,211).
- H.E. President Museveni, in his capacity as Commander-in-Chief of UPDF
sent clear instruction to the Chief-of-staff and all UPDF units on 15
Deoember 1998 prohibiting all officers and men of UPDF in the DRC from
engaging in business (see Appendix 3).
- The Panel met H.E. the President on 11 November 2000 for over two hours
at State House Kampala, and at no tlme did they ask him about his
involvement as the Head of State.
- By bringing into disrepute the persan and family of H.E. the President of
Uganda, without any credible evidence, the Panel demonstrated either
serious incompetence as a fact-finding team, or an. arrogant display of
malicious intentions.
• The Panel fails to show any concrete evidence of the alleged state structures
and contrai systems designed to ensure a systemic/systematic exploitation of
natural resouroes of the ORC.
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S/2001/458
20
li) Administrative Structures (para 71)
UPDF does not engage in the civil administration in the DRC. This is the
role of the local rebel leadership. ln accordance with the provision of the
Lusaka Peace Agreement, Uganda was mandated to have security
responsibilities in the areas where UPDF is involved.
Ill) lllocies of Transportation
• The Panel does not provide any evidenoe that an increasing nurmer of
Ugandan aircrafts and their movements between Uganda and DRC were
used to transfer vast quantities of agricultural products and minerais by the
army for conmercial purposes.
• As per information provided to the Panel by the Uganda Civil Aviation
Authority on exports from Entebbe (1994-2000) cJearfy indicates that there
was no dramatic increase in Uganda air-oergo exports of minerai or
agricultural products ( See appendix 1 Sunmary Report).
• The Panel fails to appreciate that after the complete breakdown of law and
onfer and infrastructure in the DRC, and especially the disruption of the
River Congo transport, the population in the Eastern DRC faced starvation.
As a humanitarian act, Uganda encouraged commercial aircraft to take
essential supplies-medicine, soap, sait, sugar, etc., to Kisangani. Howcan
this humanitarian act be mistaken for plunder of the natural resources of the
DRC
iv) Financial Network
The Panel admits that the systematic illegal financial and commercial
activities in the DRC would need to utilise a financial network of banks. The
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relevant section (para n) fails to identify anyfinancial institution or net'M>rks
in Uganda linked to the alleged exploitation. Mention of Uganda in this
section is a clear unsubstantiated allegation.
v) Creation of Govemment companies for purpose of exploitation: (paras,
79-80)
• The govemment has not fonned any companies to transact business on
behalf of govemment in the DRC.
• There is no evidence shown by the Panel that the two companies, Trinity
and Victoria, are linked to Govemment in anyway. Altempts to link the
Presidenfs family with these companies on the so-called undisclosed
reliable source, are meant to put the name of the President into
disrepute. The companies are not registered in Uganda with Registry of
Companies. Jn para 81, the Panel states that Trinity is a fictitious
company.
Yi) THE DARA FOREST CASE STUDY OF SYSTEMIC/SYSTEMATIC
EXPLOITATION OF TIMBER FROM THE DRC: AN EXERCISE IN DISINFORMATION
(paras 46 - 54)
The Panel utilises the DARA-Forest Case Studyto erroneously demonstrate
that the Ministry of Water, Lands and Environment (Forestry Department)
was in collusion with private companies to facilltate the certification of timber
from the DRC for export as of Uganda origin.
Response:
• DARA-Forest went in DRC according to the Panel in 1996. The fact is that it is
not registered in Uganda. lt is an international business company. lt operates
in DRC and Uganda has no authority over their activities in DRC. Ali their
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22
S/2001/458
timber is exported to Europe, USA and Far East Asia via Uganda and Kenya.
This is clearly stated by the Panel in para 52. DARA-Forest products are
transported through Uganda in sealed containers, by DRC Customs to the Port
of Mombasa.
• Sometimes their transit timber from DRC cornes by road and is then transferred
to the railway. Uganda got concemed that since there is an export ban on
timber in the country may be DARA Forest could easily smuggle some of it So,
the Commissioner for Forestry requested DARA Forest to make ifs transit
shipments known to Forestry Department but they wrote a harsh letter rejecting
this saying that all their timber is in transit and customs laws do not aJlow any
interference of ~oods in transit.
• If the Ministry of Water, L.a nds and Environme.n t were in collusion, there would
have been no exchanges of such letters.
• lt is true that DARA Great Lakes Industries {DGLI) was registered in
Uganda ln October 1999. Note that this was after DARA Forest had
begun its operatlons ln DRC. The shareholders of the company include
one Uganda lady but she is not a member of the President's family.
Extract of shareholders signatures from the Memorandum and Articles
of Associations as attached.
• On 21 March 2000 DGLI applled for a concession ln 4 Forest Reserves in
Uganda namely: Mabira, Budongo, Kalinzu and Bugoma. However, the
Panel states that the application was made on 5 July 2000 to justify lts
chronologlcal sequence of misinformation in paragraphs 61 and 52.
• lt is true that on the same day the 21 st March 2000 Prosy Balaba (the Ugandan
shareholder) also wrote a letter to the Commissioner for Forestry requesting him
UR Annex55
to allow an official from Smart Wood to visit the above forests. lt should be
pointed out that to the mind of the CORl11Ïssioner he was dealing with a
prospective investor regardless of whether the investor had other business
ventures elsewhere. DGLI has an invesbnent certificate issued by the Uganda
lnvestment Authority. The concem of the Comnissioner was the proposed
investment in Uganda. He could not imagine that the investor had other sinister
motives.
• Further the licenses to DGLI by the Commissioner in October 2000 were
"provlsional licenses to enable DGLI to prepare their work and lnvestment plans
ànd to have an Environment Impact Assessment made. Not for extraction of
wood. This i111>lies that if the Ministry were in collusion lt would not have to go
through all these steps. The Ministry would have allowed DGLI to operate so
that sometimberwould be extracted qulcklymm Uganda forests and this would
be disguised with that of'D~C.
• . The Panel's assumption of linking DARA Forest operations in DRC to DGLl's
intentions of establishing a business venture in Uganda is ill conceived. This
is because the Panel itself states that DARA Group is an intemational company
operating in Europe, USA and the Far East Therefore DGLI can invest in
Uganda with good intentions even if there was no ongoing war DRC.
• The new plant in Namanve for saw-milling hard wood as alleged in para 52 does
. .
not exist as yet. The project has only been licensed for construction.
• The Panel deliberately uses a falsified chronological sequenoe of infonnation
or dates of applications f~r the concession of Budongo Forest. in Uganda in
order to justify allegations of collusion by Uganda in the fràudulent certification
of the ORC timber (Para 51 and 52).
23
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S/2001/451
The Panef further alleges that on the basis of eyewitness aocounts, satellite
imaging, key actors' acknowledgement and the Panel's Investigation, there is
sufficient evidenoe that timber extraction is related to Uganda's presence in
Orientale Province.
• The Panef admits that OARA-Forest, a Congolese cx,mpany, has the ·
concession for the DARA-Forest Yet the Panel reaches the illogical
conclusion that Uganda as a state is responsible for the tirmer extraction.
• Uganda would llke to see 1he so-called evidence in order to detennine if ln
fact Uganda companies and individuals are heavity invalved.
vil) Allegation of trading ln Ivory and EnclangenKI Animais
Para: 61: •. .. Impact on wildlife. Wildlife has also suffered a great deal from the
conflict numerous accounts and statistics from regional conservation Organisation
show that in the area controlled by the Uganda troops and Sudanese rebels, near1y
4000 out of 12000 elephants were killed in the Garamba Park in Northem Eastern
Democratic Republic of the Congo between 1995 and 1999•_
Uganda's Rasponse:
Again this is an allegation based on hearsay. The UPOF does not operate in that
area.
More fundamentally, Uganda as a signatory to the Convention on International
Trade in Endangered Species of Wild Flora and Fauna (CITES), is obliged not to
allow trade in Ivory and other endangered species be they animais or plants.
Besides, Uganda is also signatory to other key international agreements that are
URAnnex55
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j.
S/20011451
among the data subnvtted to the UN Panel when they visited Kampala in November ·
2000.
However if the Panel has evidence of the members of UPDF or any other . . .. . .
· individuals who engaged in such trade, then such evidenoe should be made
available to the Govemment of Uganda which will carry out a probe.
The Panel alleges in Para 62, that Col. Mugeni of the UPDF was discovered with
800 kg of ivory in his car near Garamba Park. That a report was given to
Govemment. but no action was taken. The Panel has not given evidenoe of this
report to Govemment or where it was reported.
viii) Allegations on lllegal Minlng (paru, 56-59)
The Panel alleges that direct extraction was carried out in three ways; i.e. by
individual soldiers for their own benefit, by locals organised by Ugandan
Commanders and by foreign nationals for the army or commanders' benefit.
Response:
• The Panel relies on outright hearsay evidence from friends of soldiers
alleged to have been involved in minlng (para 57). The Panel admits that
they were not sure whether the soldlers shared the minerais.
• That Uganda soldiers sent Congolese recruits to dig gold after training, is an
assumption without evidence.
• ln pa.r~. ?9, the Panel quotes their key informer but does not give any name.
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26
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ix) Allegations on illegal monopolies and prtce fixing (paru 64-68)
• Ugandan soldiers are alleged to have foroed local and foreign businesses to
close, so as to gain contrai of local trade, (para 64).
• The Panel noteswith surprise, the presence of Ugandan goods in the DRC and
imports coming through Mombasa and Dar-es.-Sa.laam.
• This is a fundamental failure by the Panel to appreciate the historical and
eoonomic ties between 1he Eastern DRC and the East Africa region.
• ln paras 65-66, the Panel fails to note the effect of the war on corm,erce/trade
in the region. The Panel does not give evidenoe that Uganda was in charge of
buying and selling coffee or other products and hence fixing prices. The
econonic hardships affecting the people were ordinary effects of any war.
• ~legations of exploitation of financial transactions e.g. tax and cheap labour,
with a system of local banks and companies li".'ked with Kaf11)ala.
• The Panel does not adduoe any evidence of any bank or C0111>3ny in Uganda
involved in this scheme. The Panel does not show any bank or 0001)any in
Uganda invofved in this transaction.
x) allegations of govemment compliclty (para 85}
• The Panel alleges that. individuals, mainly top army cornmanders, are involved
in illegal exploitation in the DRC with the knowfedge of the political
establishment in Kampala.
• The Panel avers that. they came to this conclusion. on the basis of data,
accounts and documents they received and analysed. They, however, do not
state which documents and what data sources they used. For the Panel to
deduce without evidence that the alleged illegal activities of the individual
commanders in the DRC are known by the political leadership in Kampala
shows ill motive on their part.
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xi) allegatlons aboutdefance expenditure (paras 115-117)
The Panel alleges that according to their unnamed sources, Uganda spent about
•• .. ·-: ·:.· ... ...: t '• • • ·:;.: .:s'.,!·~ ~ -, ... .__ t-:: :··:·::; "':'_......te• --•. :- ~ : ·. :~ ·-.
US$126 million in 1999, an overspending ofaboutUS$16 million. The Panel also
quotes various unnamed sources that UPDF soldiers in the DRC are paid a bonus
of US$20 per month.
The Panel observes that Uganda officially spends about 2 per cent of its GOP on
~fence, and the Donors monitor it. ln spite of this information avaifed to the Panel,
they proceed to rnake their own conclusions about the extra military expenditure in
the DRC without any evidence. Uganda 's Defence budget for the year 2000/2001
is as follows:
OveraJI - Uganda shillings - 191 billion, Air transport charters - Shs.6 billion.
URAnnex 55
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S/200l/4S8
3.03 ALLEGATIONS AGAJNST INDMDUALS AND UGANDA'S ALLEGED
LACK OF COOPERATION WITH THE PANEL (paras, 87-89)
The Panera Alleaations:
Para. 11: • ... Panel members attempted to speak to individuals against whom
serious allegations "Were made. When acoess to those key witnesses was denied,
Panel Members often relied on thelr ciosest collaborators for insighl •
Para. 89: • ... The third is Brigadier Kazinl, former Chief of Staff of the UPDF and
former Commander of Military Operations in the DRC ... The Panel asked to meet
with these key actors, but the request was tumed down. •
On the allegation that the UN Pan~I of Experts was denied access, it is erroneous
to infer that Uganda showed a general lack of cooperation in helping the Panel to
do their work.
Ouring their visit to Uganda, the UN Panel of Experts met with President Yoweri
Museveni and Vice President Or. Speclosa Kazibwe. The Govemment of Uganda
would like to point out that in their meeting with H.E. the President, the Chairperson
of the Panel Mme Ba N'oaw·, emphasised that the purpose of the team's visit was
to collect data in the various countries involved in the DRC and to report back to the
UN Secretary General.
Ouring the meeting, the President welcorned the Panel's formation and stressed
that Uganda had strongly supported the UN Security Council decision to set up the
Panel in the first place, hence his willingness to cooperate.
URAnnexSS
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· S/2001/4S8
Furthennore, the Govemment of Uganda would llke to state that, in their meeting
with H.E. the President of Uganda, both Brig. Kazini and U. Col. Mayombo were
present ln spite of this, however, the Panel did not at any one time indicate that
theywanted any infonnation regarding the activities ofthese individuals in the DRC,
which atttle time was not surprising, since the Panel had indicated at the beginning
of the meeting that their mission was not to investigate but to collect data.
The UN Panel was granted audience with several high-ranking govemment and
Military officiais. The Panel held separate discussions With, eight (8) Cabinet
Ministers and with the Parfiamentary Committee on Foreign and Presidential Affairs,
as well as Diplomats Resident in Kafll)afa and members of Civil Society. Aff this
without any interference from the govemment agencies.
The Panel held a meeting with the Minister of State for Defence, Hon. Steven
Kavuma. The Army Conmander Maj. Gen. Jeje Odongo and the Acting Chief of
Mifitary lnteffigenoe, Lt. Col. Mayombo, and others attended the meeting.
Ouring this meeting, Mme Ba N'Daw raised a point of interest that Brig. Kazini and
Gen. Salim Saleh had been active in taking naturar resources out of the DRC. ln
response to this issue, Gen. Odongo expressed his willingness to be of assistance
and invited the Panel to forward a 11st of specific questions which both Brig. Kazini
and Gen. Saleh, would be required to answer, even though Gen. Saleh had retired
from the Army. This invitation to the Panel however, was never honoured.
Uganda therefore wishes to express its total dissatisfaction with the allegations in
Paragraphs 11 and 89 of the Report and the wrong impression and negative image
they create that she was uncooperative.
Over and above verbal interviews conducted by the Panel with our highest-ranking
Government officiais, the Panel presented a Questionnaire that, to the best of our
UR.Annex55
29
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S/2001 /458
understanding, broadly indicated the scope of the required data ( 1995-2000). ltwas
agreed that due to the late submission of the questionnaire, the responses would
be compiled and submitted to the UN Resident Coordinator in Kampala by 2111
November 2000. Ali questions that appeantd in that questionnaire wera duly
answered and dispatched to the UN Panel of Experts along with Diplomatie Note
No. MOT/90/369/01 dated 21 November 2000.
On the 6th March 2001, Uganda communicated to the Chairperson of the Panel, on
the follow-up to the interim Report. reconfirming our continued support of their work
and inviting any questions, clarifications or additional data as well as extending
another welcome to the Panel to revisit Uganda before the finalisation of the Report
but to no avail.
The Govemment positioh on allegations against individuals is that, we shall set up
a team to probe the allegations made and anybody found ~nvolved in illegal
activities shall be tried and if convicted punished according to the law .
URAnnex 55
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3.04 EXPLOfTATION OF NATURAL RESOURCES AND THE CONTINUATION
OFTHE .. . . .
CONFLICT: A FALLACIOUS LINKAGE - para 95
a) Introduction:
To say that Uganda is in the DRC for purposes of exploiting the natural resources
of the DRC, and that Uganda is all out to remain ln the DRC for the same purpose
as daimed by the Report is fallacious.
lt should be noted that Uganda is committed to the Lusaka Peace Agreement and
has been the first country involved in the DRC to implement the Agreement.
Uganda believes in and is committed to a peaceful and negotiated resolution of
conft~ct in DRC._ lndeed ~resident Yoweri Museveni was one o( the leaders behind
most of the initiatives to find a diplomatie solution to the problems in DRC. He
initia~ed the very first meeting, which took place in Victoria Falls, ~imbabwe ~n 7
and 8 August 1998. When he met his colleagues at the Southern African
Oevelopment Community (SADC) Summit in Swakopmund, Namibia, President
Museveni requested President R'.obert Mugabe. to convene a meeting of heads of
friends the ORC to try to find a solution to the political tensions that were evident
in DRC at that time.
. .
Unfortunately by the time the Summit took place, the poliücal contradictions in DRC
had erupted into violence. When it became obvious that the Victoria Falls Summit
would not result in an immediate solution to the conflict in DRC, President Musèveni
appealed to President Mandela to convene a wider meeting of the SAOC region
and other affected countries outside SAOC, such as Uganda, to try to generate a
way of managing the crisis that had already erupted. lt was again President
Museveni who initiated Windhoek Summit of January 1999, comprising the core
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S/2001/"458
countries that are rrilitarily involved in the conflict in DRC. Ali these initiatives by
President Museveni contributed to signing of the Lusaka Agreement
Uganda and the ORC are in the prooess of normalising relations. ln April 2001 ,
Uganda sent a high powered delegation to DRC and discussions were cordial.
President Joseph Kabila promised to reciprocate by sending a delegation to
Kal1'1)81a. This gesture indicates that there is optimism ln the normalisation of
relations process.
b) Vfcloua Clrcle ofWar and Exploitation {para 180)
The Panel alleges that the UPDF is e>eploiting the Hema/Lendu conflict to
perpetuate the conflict in order to control minerais.
The ethnie conflict is a historical problem that is well documented in history. The
major cause being land rtghts and not minerais. This is a false allegation meant to
tamish the name of Uganda and divert attention from the Lusaka Agreement
prooess.
c) Economie Data Analysis vis-à-vis Exploitation of the Natural Resourcn
of the DRC (paras 94-95)
i) Gross Domestic Product (GDP) growth. (para 142)
The Uganda economy has been buoyant for over a decade, well before the DRC
war and Kisangani clashes took place.
URAnnex 55
S/2001/458
Table:1 Uganda Real GDP Gro~ ~~
Financial Years Percentages Remarks
1994195 10.6 Coffeeboom
1995196 7.8
1996/97 4.5 Drought effect
1997/98 5.4 El-NINO effect
1998/99 7.4 Good weather
conditions
1999/00 5.0 Terms of Trade &
drought
1987/88-1996/97 average 6.4%
Buoyant real economy
. . ,
Although the UN Panel of Experts Report notes that Uganda's GDP has been
increasing slnce the early 1990s (actually GDP has been increasing sincè
1986/87), it partly attributes growth between 1998 and 1999 to Uganda's
involvement in the Congo, mainly the exploitation of Congo's resources from the
. .
mining, agriculture and forestry sectors. This is not supported by economic data.
ii) Average GOP growth between 1987/88 and 1996/97 was 6.4%, while
average growth between 1997/98 and 1999/2000 was 6.0%. Hence there
has been a slow down in the rate of growth during the war period and not an
increase.
iii) As has always been the case, agriculture has been the major source of
growth for the Ugandan econorny, since it is the largest sector. Rates of
growth for the sector do not show any significant changes during the period
referred to by the report. ln tact the only factor that seems to affect the
normal trend is the occurrence of drought in some specific years, white the
bumper crop years coïncide with non-drought years. The highest growth rate
experienoed was in 1992/93 compared to 3.2% in 1999/2000.
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S/2001/458
iv) The contribution of Forestry to total GDP has actually declined from 1.1 % in
1991/92 to 1.0% in 199912000, while mining has increased slightly from 0.4
to O. 7. Hence these sector's contribution to overall grcwvth is very minimal
and are not the principal sources of Uganda's growth over the years and
certainly not in recent years.
v) ln any case computation of any country's Gross Domestic Product. only
captures production withln the country and excludes any production from
other countries. lt is a methodological mistake to attribute an increase in a
country's GDP to production, which takes place outslde the country. GDP
as a concept differs from GNP.
The major factor in Uganda's growth has been the consistent i"l)leroentation of
economic reform progranvnes, which resulted in the achievement of
maaoeoonomic stability, economic growth and poverty reduction.
d) Aïd and debt relief from Bilateral Donor countries and multilateral
bodies e.g. the Wortd Bank and IIIF (paras, 185-190)
As noted in the UN Panel of Experts' report, aid and debt relief, reoeived by Uganda
is spent on sectors that have been identified to be crucial for poverty reduction
including Education and health. They form the core of expenditures in the Poverty
Alleviation Fund. Donor contributions to the Fund are conditioned on the
Govemment of Uganda not reducing ils own contribution to the Fund. ln fact
Govemmenfs own contribution to these secto!S has been increasing (See Table
2 below). lt therefore cannot be true that assistance from bilateral and multilateral
donors has given the govemment of Uganda room to spend more on defense while
other sectors, such as education, health and govemance have been funded by
donor aid. The resouroes from the Poverty Alleviation Fund have been used in
UR AnnexSS
S/200!!4S!!
UPE, Primary Health and Education, Water and Sanitation, agricultural research
and extension and road maintenance and they have not been diverted to military
expenditure. lndeed Defence expenditure has been contained wlthin 2% of GOP.
Govemment has generally remained a net saver with the banking system since
1992/93, indicating thatfiscal policy has been highly disciplined for about a decade.
Table 2: UGANDA POVERTY ALLEVIATION FUND (PAF) EXPENDITURES
EXPENOITURE 1997/98 1998/99 1999/2000
(Shs (Shs billions) (Shs billions)
. billions)
Oonor PAF Expenditure 0 33.8 90.2
Govemment PAF 134.4 198.6 212.2
Expenditure
e) Re-exportation Economy vis-à-vis increased t.ax _revenues: (paras
135-139)
The e:eonomic data and tax policy do not support the UN Panel of Experts' report
claims that the treasury has benefitted from increased tax revenues as a result of
the re-exportation economy_.
Firstly, one of the economic reforms that Uganda !Jndertook in the earfy 1990s was
aimed at increasing revenue collections. lndeed in the 1990/91 financial year,
revenue as a percent of GOP was at 8%, increasing to 12.4% in 1996/97. Howe~er
it slightJy declined to 11. 7% in 1999/2000, which shows that the treasury cou Id not
have benefitted from the re-exportation economy as claimed by the report.
ln any case, goods that are meant for ra-export are not taxable in Uganda; hence
it is not true that treasury could have benefitted from this source. However crossborder
commercial exchanges between the peoples of Uganda and the DRC have
UR Annex 55
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S/2001/451
historically occurred, especially in the West Nife region. The report itself
acknowledges this, but it roost be e111>hasised that Uganda's economy was totally
liberalised. The current account was lîberalised in Noverrt>er 1993 followed by the
capital account in July 1997, well before the DRC conflict and l(jsangani clashes
The balance of payrnent position has deteriorated rather than strengthened. The
Balance of Payment has faced a lot of pressures arising from deteriorating tenns
of trade. Coffee prices on the wor1d market have slumped while international aude
prioes have escalated. The volumes of coffeealso fellfromthe level of 4.237 million
bags (60 Kg) in 1996/97 to 3.032 million bags (60 Kg) in 1997/98. Again thecoffee
volumes felf from 3.647 million bags (60 Kg) in 1998/99 to 2.917 million bags (60
Kg) in 199912000.
f) Uganda'a balance of payments position has deteriorated rather than
Strengthened: (para 138)
The tracte balances and the current account balance (excluding grants) has been
widening rather than narrowing. The current account (excluding grants) to GOP
ratio has widened from-9.1% in 1998/99to-10.7% in 1999/2000and isprojected
to even widen further to -13. 1 % in 2000/20001 . lne overall balance position has
moved from a surplus position of US$59.1 m in 1997 /98 but deteriorated to deficit
positions of US$21.5m and US$92.3m in 1998/99 and 1999/2000 respectively
The extemal sector has remained under substantial pressure owing to the wilt
disease, which has destroyed some coffeetrees and 1he sharp deterioration in 1he
terms of trade. ln the six months to December 2000, coffee export eamings have
dropped by 53% cof11)ared with the corresponding period last year. lmports have
also been somewhat weaker than envisaged, reflecting in part the effects of the
depreciation of the shilling in the real effective terms in the year to Oeoember 2000,
and lower real incomes arising from the decline in tenns of trade.
URAnnexSS
S!Z!UJ ! !4S8
g) Uganda'• Financlal System (para 135)
There is no financiaJ institution in Uganda that was involved in the trade and indeed
the UN Panel's report does not implicate Uganda in the abuse of the banking
system. Since the report indicates the opposite situation obtained in Rwanda, a
clarification should be made to the effect that the Ugandan situation should be
clearfy distinguished from the Rwandan one. The Panel's Report in its present form
deliberately mixes up Ugandan and Rwandan situations. This is totally
unacoeptable.
Source of data:
i) Background to the budget 2000/01. Ministry of Finance, Planning and
Economie Development Kanl>ala.
h) Gold ExporCs: (paras, 96 - 97)
The gold export figures in Table 1 of the Panel's report are those on export permits
issued by the Ministry of Energy and Minerai Development that is, these are only
intentions to export gold. The figures differ from those of actual exports figures
captured by the Customs Department and Bank of Uganda.
i) Diamond Exports (paras 98, 99, 100)
The Panel quotes third party sources about Uganda's diamond exports. From data
given, the Panel acknowledges that Uganda does not produce or export diamonds.
The Panel, in para 99, recognises "loose regulations· at free zones that allow
repackaging to falsify documents. lt is a possibility that diamonds alleged to have
corne from Uganda could have gone through such a process, i.e., forged
certification.
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• 111
S/2001/458
j) Cauitarite (para 102)
The Panel notes that they reoeived infonnatiOn from one Uganda Customs post
without indicating the nature of the source.
Table 1 of the Report indicates no experts of Cassiterite during 1998 - 2000. The
figures in para 102, indicate Cassiterite imports. Uganda has no cassiterite
smelter. The figures used are irregular as one is given in Kgs and another in
drums.
Basides these minerais in the Report, Uganda has oil, iron ore, Cobalt and many
others, which remain unexploited. Therefore to accuse Uganda of going to ORC to
exploit minerai wealth is ironical. Uganda would have loved to invest in its own
minerai wealth if it had the necessary capital to do so .
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4. THE PANEL'S CONCLUSIONS, FINDINGS AND RECOMMENDATIONS:
4.01 Conclusions and Findings (Pa~ :213-218)
• Stating as the Panel does (Para 213) that "The conflicl in the DRC has
become maintv about access, control and trade of five key minerai
resouroes .•. • 1s a gross rnJsun~erstanding of the causes and dynamics
of the conflict. This simplicitv reduoes the conflict to a ·minerai conflict"
. The truth and tacts about the conffict in Co~o. as far as Uganda is
concemed, is the fact that this is a cfear case of the internationalisation
UR Annex SS
. .
of an ethnopolitical conflict internai to the ORC. The collapse of the
Zairean and Congolese State after several _ decades of Mobutu's
dictatorship and plunder in collaboration with foreign interests generated
: :~
fertile ground for the current conflict. The proliferat\on of rebel groups
opposed to Rwanda, Uganda, Burundi and Angola operating on DRC
territo~ particularly after the 1994 genocide in Rwanda, has been the
sustaining efement of the conflict.
The conflict therefore, was, and is basically an ethnopolitical conflict with . .
serious securïtv ramifications for neighbouring sta~es. lt is in fact the
political solution through the Internai Dialogue as envisaged in the
Lusaka Peace Accords that shall bring an end to. t he co..n ffict and not the
"end" of the "minerai conflict· as the Panel portends. lt is Politics and
security not minerais.
The Panel's conclusion is thus w~ong, and is only inten'!ed to justify their
report. ln effect, it is diversionary in affect
39
.CO
S/2001/4'58
• The Panel says (Para.214) thatthe •e,cploitation of the natural resources
by foreign amies has become systematic and systemc·. We hold that
any cases of illegal e,cploitation that there may be (which the Panel has
not convlncingly proved) are nelther systematic nor systemic. They may
be natural result of a conflict (war) situation in a territory of littfe or no
infrastructure and a victim of a long time exploited and oppressed people
with no effective State.
lt is in fact the conoerted attempts so far by Congolese liberation movements
to bring law and order, reestablish a semblance of administration and
economy that can be described as systematic and aystemic. lt is clear the
PanellsatgreatpainsthroughouttheReportto·systematise·andsystemïse•
the illegal exploitation of natural resouroes. lt is not the CORl)anies trading
minerais "'that are the engine of the conflict in the DRc· (Para 215) but the
persistent lack of a democratic dispensation, good govemance and effective
control of the territory by the Congolese people and State.
• lt is not true to advance that "bilateral and multilateral donors have sent
mixed signais (Para 216) to Govemmen1swith amies in.the DRC·. 1t is
the Panel that has failed to search and find ( or refused to acoept) that
these donors are realists. and not academic researcher:s. They know
why the conflict exists and how they can help in tts resolution. Not what
the Panel misconstrues as the "real interests· of the donors (Para 227).
Uganda believes the bilateral and multilateral donors have well
understood the problem and their rote.
• The Panel insinuates (Para 217) that top military Commanders, from let
us say Uganda, are there to access DRC wealth. They neither needed
nor do they need this conflict to benefit from DRC resources as the Panel
advanoes. The contrary is true: all neighbouring states, including
URAnoexS5
Sl%001J45B
Uganda need a peaoeful, stable and secure DRC for more fruitful
regional cooperation and development. The Congolese people are our
brothers and sisters and their peace and development is the region's and
vice-versa.
• Whereas for the Panel, this conflict is •a win-win situation for all
belligerents•cPara. 218). the reality in DRC and the region is that it is a
ulose-fose situation•. Congolese have lost sovereignty, peace, security
and development; Uganda has lost a peaceful, trading and fratemal
neighbour and people, is a victim of banditry and terrorist attacks.
Uganda fs sure that Rwanda, Burundi, Angola and other belligerents
have au lost in this conflict as has done the whole of Amca. This is why
these Parties agreed to the Lusaka Peace Accord with ail its
potentialities. Il is really in the minds of the Panelists that they have
created the "win-win situation•.
To say that ·business has superseded security conoems" is an insult to
Uganda due to the sacrifices so far registered. Other neighbouring
counlries would feel the same.
4.02 Panels Recommendations:
a) Prerequisit.e:
The Panel concludes (Para 219) that it "believes its report and
recommendations are consistent with those resolutions" (Security Council
and Lusaka Agreement)
• This statement is blatantly incorrect conoeming the Lusaka Agreement
Whereas Uganda and the region and indeed all the Parties to the conflict
URAnnex55
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S/1001/451
hold this Peace Accord as the key to the solution of the conflict, the
Panel systernatically, for reasons best known to themselves, makes zero
reference or recoc1111endation to the Security Council on il For instance
on whe1her the Lusaka Agreement could not be tasked to look at the
illegal exploitation and the continuation of the war, as advanced by the
Panel.
• lt is 1herefore true to their Initial agenda that the Panel never interviewed
officiais of the JMC, the Political committees, the Facilltator and others
dlrectty created bythe Lusaka Accords. No wonderthe only place where
Lusaka is mentioned in this entire Report is in (Para.219), even in an
insignificant reference.
That the Panel acknowledge the validity of the Security Council
Resolutions is obvious but adding ·as well Lusaka Agreemenr is a gross
cover up and most inconsiderate.
b) follow-up
• That the Panel recommends for its own perpetuation (Para.220) is most
unfortunate but quite understandable. Their extension would be only
justifiable if they have to re-do the current Report to reflect faimess, truth
and competence. Otherwise it is not unconmon that commissions and
Panels and other ad-hoc committees have tendency to claim selfperpetuation.
• Secondly, this recommendation is very diversionary and injurious to the
Congolese people and the region. Their current efforts are geared
towards a rapid and comprehensive settlement of the DRC conflict. Ali
UN resources and attention should be towards this primordial objective:
Empower the Congolese people to assume full responsibility of their
URAnnex55
S/2001/458
sovereîgnty, independenoe and stability. The interests of some
·stakeholders• as reffected in the entîre report should not override those
of the key parties.
c) Sanctions:
• The recommendation (Para 221) for an immediate embargo is shocking
but not surprîsing gîven the Panel's Agenda. First, it is extreme, given
the fact that the most cooperative counbies in the Panel's project are the
·ones to be punished. Nearfy 95% of the data is on those countries
including Uganda. Th~se same countries. have even advanoed their
troop withdrawals from the ORC. Uganda has so far unilaterally
withdrawn nine-battalions .
.!!. Secondlv. the recommendation would mostly harm and hurt the various
Congolese Parties to provide for their ·populations in terms of Security,
general healthcare, etc, especially where international support has been
conspicuously absent lt is the trade in these very minerais that allows
nearfy 15 million Congolese to survive in very harsh economic and
conflict conditions .
.!!. Thirdly, the recommendation is a dangerous invitation for the anti-peace,
anti-L~saka Agreement forces within the DRC and outside to celebrate
the demise of the Accord and provoke resumptîon of war or continuation
of the conflict to the detriment of the aspirations of the Congolese people
and the neighbouring States .
.!!. Fourthly, lt is uncalled for. Has the Security Council established that
these alleged crimes are so serious to warrant an Embargo, and that the
concemed countries have refused to accept Security Council
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1'9C011mendations on the illegal exploitation of natural resources in the
DRC?
• The reconmendation for sanctions is dearty indicative of the initial
agenda of the Panel itself.
Similartv. the Panel's recommendations of freezing of financial assets of rebel
movements and their leaders (Para.222), of <:001)8nies or individuals (223).
Embargo on rrilitary materials ~ and the suspension of all nilitary cooperation
with •select" stat.es with foroes in ORC (225), are grossly unjustifiable and uncalled
for. First they will not hefp the current steps of the parties to end the conflict as it
shatl inflict unfair suffering to the Congolese people boCh in territories oontroHed by
the Liberation movements and the Govemment
Secondly. the concemed "seJect States· targeted by the Panel are being falsely
accused and condelmed as guilty using mainly fllmsy circumstantial evidenoe and
inaccurate data and hearsay. Thirdly, they do not help advanoe the peace
initiatives but on the contrary threaten their prospects.
d) Flnancial and economic matters:
The recommendations for halting balance of pavments support: {Para 226) and a
call for IMF and World Bank to suspend budgetarv support (Para 227) are
advanced in the same spirit of the wish to punish "suspects" whom the Panel has
"condemned". These measures would bé extreme and disproportionate to the
alleged crimes whose evidence has left a lot to be desired. For Uganda, as earlier
explained, balance of payments support received from our development partners
and IMF and World Bank budget support have no relationship to the alleged illegal
exploitation of DRC natural resources. Uganda is not sure that such measures
UR Annex 55
Si2ûûli45ÎI
would actually end any illegal e,cploitation because the govemment of Uganda is
not carrying out such exploitation. lt is bying to punish the wrong party .
.!. A call for the IMF and Worfd Bank (Para 227 to design a pOliçy guideline
on cooperation with countries involved in confficts is a cati to politicise
these institutions whose mandates are clear and they could be accused
of partisanship in conflfcts. lt also diverts them from their primary
n,sponsibility of providing financial support and assistance to developing
oountries that happen to be the majority of nations affected by oonflict
The current positions and policies by these Institutions are appropriate.
The recommandation (para 228) uralng for a Commipion to be set up by DRC
neiahbours is moat welcome and positive proposai. The UN should help
provide the data and/or call on membens to do so. Uganda has already
concretlsed arrangement.ta to fristituta commiulons to lnvestigate its own
individual citizens in ntlation to the Panel'• Report.
e) Diamond Business:
The liberalisation of the diamond trade (Para 229) is to open up DRC's trade but not
neoessary to curb the flow of illicit diàmonds. The Panel's ëëmëern here seems to
be that the current business arrangement is excluding "some améious• dealers and
therefore must be dismantJed. But the Europeans should have lew (monopoly)
entry points! The ultimate effect Ofthese reéorrwnendations·(Paras 229,230,231)
including adoption of the regime oonceming Sierra Leone, is to allow the •èventual
dealersu of diamonds in the developed wortd to directly go into DRC and access
themthan to deal with Congolese (local) orregional diamond dealers. The ultimate
effect is not to end their ·mega1• exploitation but to reintroduce plunder in total
disregard of the interests of the Congolese population. Just as was the case in
Mobutu's regime.
URAnnex55
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16
S/2001/458
f) fOINt and Tfmber:
The Panel's reçorrmendations (232. 233. 234. 235) conceming the above and
especially declaring •conflict timber and non-timber forest products· does not
provide an effective and efficient mechanism to prevent. monitor and supervise this
trade in order to eliminate illegal exploitation. The costs to the UN and other
bureauaades ofthese measures may outweigh the benefits while notachieving the
main objective. The UN should spend the resources towards the reconstruction ln
DRC and the region other than set up more bureaucracies or unwarranted wortc for
existing ones.
g) Reparation and Compensation;
The reconmendations on this subject (236, 237) should have taken into accountthe
fact that some of these allegations and accusations are already subject of litigation
between Uganda and the DRC at The Hague.
h) Framework for reconstruction:
These reconmendations (238) seem to invite the UN to take over what the Panel
calfs "occupied regions· and sort of administer them. This ls uncalled for sinoe the
Lusaka Peace Accord shall create the necessary State power and authority and,
in territories where there is no conflict. The Congolese State shall adequately
carry out its responsibilities to its citizens.
The UN should rather corne up with a serious reconstruction package for the DRC
and regional countries directly affected by DRC conflict.
URAnnex SS
S/200!/45!
1) General:
These general recommendations (239. 240, 241) should not be Security Council
concems but should be a preserve of the countries concemed to set up their own
commissions·(sïmilar tô the·ones recommended in (Para 228), and members of the
UN be called upon to assist such Commissions to render fairness and Justice.
. . .
• J •• -. • • • - - •
j) Security:
This recoml1endations (Para 242) is as interesting as it is revealing. If the
. ' ,·· : -
Panelis1s did a genuine, fair and free exercise, where is. th. e source. of their anxiety
for their personal security. Unless, it ls the normal business of the UN to pay for
such security arrangements. ln which case even individuels whose names, families
and relations have been wrongly accused ·and exposed should be provided with
"security". dthe·rwise this recomrnendation ·has indeed à lot to reveaî.'' ..
~ :· , ,,·.\.· ,. ' • I ::·: ... · ... . •[ ?' : •, • i-.., r!···" ~
UR Anoex 55
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,a
S/2001/451
1. OUR CONCLUSIONS AND RECQWIENDATIONS
5.01 Conclueion
1) From the fotegoing, there ls no doubt that the UN Panet's Report îs shoddy, supetficial and
shallow, tf1aebV displaylng strong Indications that lt 9hould not be called a Report d Elq:,erts.
2) The report ln mq lusta11ces ·c1euberalefy" confuses the sensible 'M1h the abnonnal Md
bec:81119 d poor handllng of the aspedS under their lnvestigationa. the Report halts a runber
afliespidoed fran anti-Kanpala political enemiesand isnotaibstantiated by credibleevidence.
3) Fran lhe slart, the Panel adol)ted definltions that are not only wsong but 8190 a.ibverlive d
Nrtcan itmeata. lt 1s a red hen1ng. The Paiel not only inlentianally distafD the IICUC8 af the
conftic:t in the Gfeat Lakes but also seeks ID destroy Lusaka Peac:e Accord, the anly viable
agreen*1t rran to c::ompehensivefy resolve the confllct in the DRC.
4) The Panelills exoelled in malignant defamallon of the per90n af H.E. the Prelidelll d Uganda
wtthout 8fff c:n9Cible evidence by calNng hlm an acc:on,pHce and godfalheraf aimlnal actMUes.
5.02 Recommendationa:
a) Oespite the ffawed methods and the unsubstantiated aJlegations and
accusations of the Report, the Government of Uganda is readv and willing
to support the Securitv Council's efforts and recon111end that:
i) The terms of reference of this Panef ara made clearer to ensure a balanced data collection
and analysis covering all countries involved in the DRC ..
ii) The membershlp of the Panel is expanded and made more repesentatlve in order to deal
with the obvioos technical incompetence and geopolitical biases.
b) The Govemment of Uganda will on its own investigate these allegations and bring to book any
individual found guilty. The Govemment of Uganda, therefore recommends that the sources
of infonnatlon/data used by the Panel in compiling their report is availed to her to help in their
own probe.
URAnnex SS
S/2001/458
c) The Govemment ftJ'ther recommend that the Panel widen its aea of fact finding operatlons to
lnclude capi1als of the lndustJialised counbiës such as France and Belgium wlth traditional links
with the DRC induding incfivlduals and companies with capadty to invest in mînlng operations
., a. nd ma.i.n. t.a ining no.n -gazetted airflelds from vtlhich minerai products and other natural resources
are alrlifted to markets outside Africa.
d) When the Panef vislted Kampala 7 - 12 November 2000, time was wasted becacise of lack of
. adequateadvanc:eprepa,ednessb'jtheP~. Govemment. therefofe, recommendthatinthelr
future work the Panef should avait 2 - 3 weeks lr:i advance specific allegations and evidence,
etc. against each country (Govemment, Companies, and lndivlduals). This method of wcrk will
not only. be more efficient but also will also ensure fair play and avoid the element of surprise.
e) The Gov~ent of Uganda rec:omm~ that the Lusaka Peace Agreement be suppo,ted and
ènoouraged in as far as it
1) addres:ses the security concems of the DRC and the l'M!ighbouring oountries.
x) -~esses the internai dimension of the DRC conflictthrough the national diaJogueto aeate
a new political dlspensation in the ORC that shall assume authofity aver the full tenitofy of
theORC.
xi) ensures the Ofder1y withdrawal of ait foreign fon:es from the DRC.
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.. - - - - - -- . . ~~-~-~~-~--------
S/2001/458
Appendix 1
Summary report on the visit to Uganda by the United Nations
Expert Panel on the lllegal Exploitation of Natural Resources
in the Democratic Republic of the Congo, 6-12 November 2000
1. As mandated by the UN Security Council Rcsolution 1219 (2000), the UN Panel of
Experts on the Illega) Exploitation ofNatwal Resourccs of the DRC visitcd Uganda from
61h - 12th November 2000. The seven-man :tJN team was ted by Mme Ba 'WDaw, from
Ivory Coast.1
2. As Mme Ba N'Daw infonned the Uganda Govemment. the Sccretary General of the UN
established the Expert Panel with the following mandate:
• To follow,up on reports and collect infonnation on ait activities of illegal
exploitation of natural resources and other forms of wealth of the DRC.
• To rescarch and analyse the links between the exploitation of natural resources and
oth~r forms of~tti of~ DRC @110.th~ çonûn@tion of~ti~ çonfliçt,
• To make recommendations to the UN Security Council within tbe next six months.
3. "fhe Govemment of Uganda had, through the UN ltesident R.epresentative, requested the
Chairpcrson of the UN Expert Panel in writing to forward advance copies of both the
general questionnaire and a Iist of any specific allegations made against Uganda by ùte
Govcmment of the DRC. At the opening session, 7 Novembcr 2000, Mme Ba - N'Daw
provided the Government with a general questionnaire. Shc also pointed out that the UN
Panel was not an investigative team but a mission for fact-finding and data collection.
4. The UN Panel met H.E. President Muscveni and H.E. the Vice President Dr Specioza
Ka.zibwe. The Panel also beld discussions with the following Cabinet Ministers:
• Hon. Eriya Kategaya
• Hon. Mrs Syda Btm1ba
• Hon. John Nasasira
I st Deputy Prime Minister/Minister of
F oreigo Affairs.
Ministcr of Energy and Minerai
Development.
Minister ofWorks, Housing :ind
Communications.
Other Mt:won tetm members ~er~: Mr. Ha11ri .>.-taire (Swit:erfai,i.i).'".W!v7o,istaphâ Ta/1 (Se11l!ga(). ,\,(r.
Fra1ico1s Eko/co (Cameroon). Mr Gilbut Barth!! (Sw11:er/q111J). Mr ,\,fathl!l•' Co,r-..•ay (t'SA) and Mr. ,\.fafrm
Holt.
50
UR Anoex 55 f' --------------i
• Hon. Kisamba-Mugerwa
• Hon. Gabriel Opio
• Hon. Stephen Kavuma
• Hon. Kezimbira Muyingo
• Hon. Jovina Akiki
Minister of Agriculture, Animal
Industry and Fisberies.
S/2001/458
MinisterofState for Finance.
Ministcr of State for Defence.
Ministcr of State for Water, Land and
Environment
Min.ister of State for Tradc,
Tourism & Industry.
S. The UN Expert Panel also held meetings with the Parliamenwy Comnuttce on Foreigi
and Presidcntial Affairs, Diplomats residcnt in Kampala and Mcmbers of the Civi
Society.
Il Summary of the Respoase to tbe Questionnaire submitted by tbe UN Expert Pane;
on 7da November 2000
6. Mme Ba N'Daw, Chairperson of the Expert Panel submitted the questionnaire to Hon. E.
Kategaya. I" DPM/MFA at the opening session, ~ November 2000. Due to the late
submission of the questionnaire and scope of the required data ( 1995-2000), it was agreed
that responses would be compiled and submitted to the UN Resident Co-ordinator in
Kampala by 21 Novembcr 2000. 2
7. From the questionnaire, the areas of interest by the UN Panel can be categorised under the
following broad headings:
(a) Impact on Uganda's produëtion, export and import data by the products of intercst to
theDRC. .
(b) Uganda Gove·rnmënt èustoms procèdures~
(c) Aeronautical Income/Flights between Uganda and the DRC.
(d) Evaluating fiscal and customs receipts from international trade.
(e) Uganda legislation/regulation for international trade.
(f) Structure ofUganda's state budgets- 1995-2000. · ·
. . .
• S11e attached questionnaire and 1he r11/eva111 /1st of cloc11mt111s forwarded 10 the
UN Expert Panel vide Diplomatie Note No. .', ,fOT 90,369 0 I dated :!J Nowmher 1000
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8. The key products of interest to the DRC indicated in the questionnaire are minerais (gold,
diamond. uranium) and agricultural/forestty pro~ (çoffec. WOQd, ivory). As the data
for 1995 - 2000 indicates there have not been any significant increases in Uganda import
or export of thcsc products.
8.1
i)
ii)
iii)
iv)
iv)
81
i)
ii)
111 '>
Coffee lref. UCDA Data for 1995 - 2000 in attacbment J:
Since the conflict in DRC started in August 1998 the trend in Uganda's Cotfee
exports bave not shown any significant increase. Indeed figures show that
from a high of 4m b~~ (S~$~m) in 1996/97. Co~ e,çports ~~ d~~<! to
3.6m bags ($282m) in 1998/99 and 2.9m bags (S164.7m) in 1999/2000.
Monthly average volwnes ofCoffec exports do not indicate tbat there has been
any significant influ."'( of Coffee from DRC. It is lcnown. bowever. that
traditionally some Congolcse Coffee growers export their Coffce through
Uganda.
One allcgation by the DRC Govemmcnt at the African Commission for
Human and People Rights in Banjul was that an estimated Coffee yield of
S70m was taken by U ganda from North Kivu between October - December
1998. It is intcresting to note, however, that figures by Uganda Coffce
Developmcnt Authority and Uganda Revenue Authority
(UCDA/URA) indicatc Uganda's total Coffee exports of S69.62m for the
period covering October - Decembcr 1998.
Uganda's National Accowtts are among the best in the rcgion. Any major
infusion ôf abnonnally huge amounts of Coffee from the DRC would have
been rcflccted in the URA/UCDA/BOU statistics.
Gold
Uganda's Gold exports were: S26.6m (1995); $21.3m (1996);
S18.lm (1997); SJ0.8m (1998); $28.3 (1999).3
Quantitics of export permits would be bigger than export rctums bccause
permits ind.icate untended wb.ile retum ind.icate actual exports achieved.
Nonnal expected increase in gold export for Uganda is due to two main
factors:
• Liberalisation of export/import Trade in 1991, when the Ministry of
Tourism, Tra<t~ anq lnc!tAstry apolishecj iss4ing of export/import lic~ns~s
except for the negative list.'
· S011rct: C.gm,daRevem,ëÀ,;Îhority . ............... -.. ·- ----· ·~ · - ·- - .. _ .. .
' .Vl(,:am·ll /,rt mcludes (a) waste & .scrap of /11n-ous metal (b) wood charcool le) r,mf,t!r
grr;"""' ! 'ga11Ja (d) coffee husks (e; fresh 1111process,:J fim (/) gam,• rrophtllS
from tn!l!S
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8.3
For example Royalty on gold was zero-rated and as a rcsult informai
trade in gold stop~ and gol(l exp9rts were formally declared thU$
improving available statistics.
• lmproved investment climate bringing in new mining companies in
Uganda.
Diamonds
i) The Minister of Energy and Minerai Dcvelopment is the only persan
empowered to issue diamond export licenses.
· ii) Records indicate that Uganda has neither imported nor re-exported
diamonds into/out ofUganda during 1995-2000.
8.4 Timber/Wood
i) R~or<l~d perççnt~~ va.lyç of imports of timbe.r pr<>Qyçts from th~
DRC, in comparison to what is locally produced and conswned in
Uganda. is very small, less than l % betwcen 1997-2000 ..
ii) Timber which cornes from the DRC is mainly through the border trade.
Ugandan importers are usually linked to Congolese tin_1ber
dealers/exportcrs. Export documents are often issues by autborities in
EastemDRC.
iii) The marked increase in the value of timber produced in Uganda in
2000 was due to a significant increasc in market prices due to:
• Statutory Instrument 6 of March 2000 effect on the 1964 Forest Act.
• Stronger preservation policy by Govcmment
iv) Possibility of infonnal border trade in timber products exists.
8.5 Endangered Animais
URAnnex55
i) Uganda has been committed to conservation of the African elephant
and other endang~red s~cies. Uganda is a signatory to the follo\ving
key international agreements:
• Lusaka Agreement on Co-operation Enforcement of Cross-border
Trafficking in Wild Life Trade.
• Convention on Conservation of Migrat0ry Sp.-!cies of Wild Animals
(CMS) of 1979.
• African~Eurasian Migratory Water Bird Agreement (AEWA) of 1995.
53
S/2001/451
• Convention on International Trade of Endangcred Species of Fauna
and Flora (CITES) of 197S
ii) Uganda ~ strong policy and legislation affecting conservation of the
clcpbao~ and/or ivory tradc:
• The Game (Preservatioo and Contrai) Act J 964.
• The Game Act (Prescrvatioo & Control) Act (Amendment) Decree No.
13 of 1995.
• Uganda Wildlife Policy (1994 & i9991).
• Uganda Wildlife Statute No. 14 of 1996 (whicb effectively created
conditions that do not permit ownership and transaction in ivory).
• Strict record of confiscation/seizure or recovery of ivory.
iii) Due to the strict domestic legislation of Uganda does not permit
export., import and transit transaction in ivory for the period 1994 -
2000. .
9. Customs Procedures
i) Uganda bas no seaport Most of the imports (over 70%) are by road.
ii) Transit cargo- the Customs Department of Uganda Revenue Authority
(URA) receives and escorts transit cargo vebicles from entry to exit
points. In most cases the original seals on the containers are left intact.
We have no record of transit of minerai products.
iii) Should there be cause for suspicion, Customs Department does the
physical verification of the gods after which a URA seal is put on the
container.
iv) ln ail cases of transit goods, a customs bondis executcd at the point of
entry and the surn is rcfunded only after the goods have exited Uganda.
v) Total verification is done at inJand container depots.for goods destined
forUganda.
vi} Records indicate that Uganda has neither imported not rc-exported
diamonds into/out ofUganda.
URAnnexSS
..
S/ZOOl/458
10.
vii) Detailed guidelines for importers and exporters was forwarded to the
UN Expert Panel in a~hment No.8.
Cargo Aircraft out of Uganda and Aviation Procedure
i) Uganda has only one (1) International Airport at Entebbe with 3
runways of3.6 km., 2.4 km. and 1.6 km respectively.
ii) The other airfields are either grass or murrum and only take light
aircraft.
iii) Entebbe has tive (5) adjoining Air Traffic Advïsory Centres in Nairobi
(East), Dar-es-Salaam (South), K,igali (South-West), Kinshasa (West)
and Khartoum (North)
iv) As a signatory to the Chicago Convention on Civil Aviation, Uganda is
duty bouoci not to allow into her airspace aircraft violating the airspace
of other sovereign states.
v) The airbase at Entebbe is open to and used by many leased aircraft and
it is impossible to conduct secret flight from there without attracting
attention.
vi) Details of the charter flights between Entebbe/DRC ( 1994-200) are in
attachment 7(b). Exports by type from Entebbe (1994-2000) contained
in attacbmcnts 7(a) clearly inclicate that there was no dramatic increase
in Ugancfa•s major traclitional air-cargo expoits: fish, flowers, papain.
and fresh produce.
IU Summary Report oftbe Meeting with H.E. President Y K Museveni
11. The meeting between H.E. the President" and the UN Expert Panel was attended by
Major G. Odong, Army Commander; Brig. J Mugume, Deputy Army Commander;
and Brig. Jam a Kazini, Army Chief of Staff.
12. Mme Ba N'DawbriefedH.E, the President on the work of the UN Panel as mandated
by the UN Security Council. She emphasised that the purpose of the team v..-as to
collect data in the various countries involved in the DRC and to report back to the~
Secretary General. She also wanted to hear H.E. the President's views on the status of
the implementation of the Lusaka Peace Agreement on the .ÙRC.
13. . H.E. President Museveni gave the background to the conflict in the Great Lakes
Region ~nq emph~siseq the fotlowing points:
URAnnex55
i) Uganda supported the UN Security Council Resolution which
mandated the UN Expert Group on the Exploitation of N~tural
Resources in the DRC.
SS
----------------------·--· .. ----- ----------
S/2001/458
ii) The UN an~ intçrna.tion"l community ~d to lQl<tçrs~<t the root
cause of the conflict in the Great Lakes:
• The history of gcnocide in Rwanda (1959. 1994). Burundi. and the
presence of genocidaires/interahamwe in the DRC.
• Alliance between the Su.danese Islamic fundamentalists with
LRA/ ADF5 and the gcnocidc forces in the DRC to distabilize the Great
Lakes Region.
iii) If the UN is serious about intervention in the DRC it should do so
under Chapter VII.
iv) The Lusaka Agreement on the DRC rcmains the best hopc inspite of
President Kabila's continued intransgence. because it:
• Deals with the issue of genocida.ires in the DRC.
• Addresses the security concems of regional neighbours.
• Establishes the intemal dialogue for the democratisation of the DRC.
v) Uganda is in the DRC to protect her national security interests and not
to exploit the natural resources of the DRC.
vi) Uganda bas her own minerais (e.g. phosphate. gold. petrolewn. iron
ore, etc) which are unexploited due to lack of investrnent capital.
Mining opcrations in the DRC would require capital investment The
accusations that Ugan~ is in the DRC for minerai exploitation. are
therefore a 'red-herring! •
Summarv Report of the Meeting witb the 111 Deputy Prime Minister /Minister of
Foreign Affairs
14. Hon. Eriya Katageya. 1st DPM/MFA ehaired the opening sessitm with the UN Panel.
7 November 2000. lt was attended by various ministers and senior govemment
officiais as requested by the UN Expert Panel Chairperson. 'Mme Ba-N'Daw.
Chairperson of the UN Panel, briefed the meeting on the mandate pf the team. She
clarified that the Mission purpose was not to investigate, but rathe.r to fact-find and
collect data. A copy of the questionnaire was handed over to Hon. Kategaya.
15. tn his opening statement Hon. Kategaya made the following point:
l ords R,msta11ce Anny .W11/J l'<!1Tt1Xràt1è Force Reb,ds.
URAnnexSS
S/lOOJ/~I
i) H.E. President Yoweri Museveni, in bis address to the UN Security
Council, January 2000. strongly weleomed the esta,bli$hment of an
independent body of experts to investigate the question of illegal
exploitation of natural rcsources in the DRC.
ii) Uganda has never been involved in the lootiog of Congolese resources
or appropriation of Congolese property as alleged by the DRC
Govemment.
iü) The conflict in the DRC arose out internai political instability
aggravated by lack of effective administration. Uganda was drawn
into DRC due to the national security threat caused by the presence of
Sudan.backed rebels operating àgainst Uganda from the Congolese
territory and the interahamwe militias.
iv) Uganda rcmains ready to withdrawal all its military personnel from the
DRC in a.ççor<lmice with the UN Seçu.fity Col!ncil-end.<>~ Lv.s1~
Cease-fire Agreement, July 1999.
v) The major question for the UN should be low to stabilise the DRC.
The UN Mission on the illegal exploitation of natural resources is
therefore diversiomuy.
Summarv Report of the l-leeting with Hon Svda Bumba. Minister of Energy and
~fip.~ral Development
16. Mme 8a N~Daw expressed interest in Uganda's Mining laws/policics regarding
export/import of minerais and exploration of minerais along the U ganda/DRC border.
17. Hon. Syda Bwnba briefed the UN Panel on the efforts for petroleum exploration in
Lake Albert area, in U ganda; prospects for hydro-power generation and ex.port;
procedurcs for export and transit of rninerals. Responding to the question on whether
gold production in Uganda has inereased due to the eonfliet in the DRC. Hon Burnba
explained that the little growth in gold production bas been largely due to the
govemment libcralisation policy.
Summarv Report of the Meeting with Hon. Kisamba-Mugerwa. Mioister of
Agriculture. Animal llldustry and Fisheries
18. Mme Ba N'Daw expressed interest in the trade in agricultural products. Minister
Mugerwa explained that due to good climate/soiVfresh water bodies Uganda has
always sold agriculture products to the neighbouring countries including Kenya,
Tanzania, Rwanda, Congo and Sudan.
19. Mme Ba N'Daw expressed specifiç interest in increase in coffee production in
Uganda in the last few years, and trade in fish with the DRC. [n reply, Minister
URAnoexSS
51
SnOOl/458
Mugerwa briefed the UN Panel on Uganda's efforts to revitalise fish, tca and coffee
production including:
• The liberalisation of products and marketing of fish, tea and coffee .
• R & D into new breed of coffee such as clonai coffee which is resistant to
coffee wilt. and can grow in non-traditional areas.
• The existence of a big programme of re-planting and rehabilitation of old
coffee plantations.
• Fishing on the Uganda side of Lake Albert. Lake Albert is regulated by the
Fishing Authorities to ensure proper and sustai~le fishing methods.
• While tea is marlceted in Auction Markets in Mombasa coffèe is purchased by
bQyers in U8!~{!~ T~i is soJc! by rnμttç of t~ Es~t~fi.çtory for q\!!lity
protection. · · · ·
Summary Report of the Meeting with Bon. Kezimbira Muvingo Minister of State for
~and, Water and Environment
• • • • • • 1 ..... ..
20. The discussion with the UN Expert Panel concentrated on
production/import/export/re-export of timber/wood products in Uganda. Minister
Kezimbira Muyingo infünned the Panel that:
i) lJganda does not import or export timber but it produces adequate timber for
domestic use. Any export certificate of timber from Ugap.da would be a
forgery or exported illegally.
ii) Besides the major forest areas, Uganda ~.l~o grows certain i:ypes of trees in
open grass lands including the iroko-mvule planted 50 years aga, especially in
Eastern Uganda. .
iiÏJ There are no international companies involved in the extractjon of medici_nes
from barks of trees or species of shrubs. . Trac;lifional heali;I} have. hO\vever,
often use many species of shrubs.
Summarv Report of the Meeting witb Hon. J Nasasira, Minister of Wodu, Bousing and
Communications ·
:?I. tvtme Ba-N'Daw's main areas of inte_rest included .Ug~nda's R.qad Development
Strategy, revenues from road and air-traffic; and govcl"Ulllent policy on
telecommunications. ln reply Hon. Nasasira, made the follov.ing points:
SH
URAnnex55
. .. . .. . ------
S/2001/458
i) Uganda has a-10 ycar Road Sector Dcvclopmcnt Programme (1997-
2001).
ii) Then: are no road toits, but a $8 fcc is charged on heavy vehicles per
axle.
iii) The Uganda Civil Aviation (CAA) is responsible for the colllection of
fees at Entebbe Airport. CAA has provided data on Airport revenues
in Attachment No. 7 (a) . to the questio~re.
iv) The Telecommunications Sector bas been liberalised and two major
operators - UTL. MIN - ànd three cellular companies licensed.
Summa'ry Repol'l on the Meeting with Hon. Stephen Kavuma, Minister of State for
Defeoce
22. The meeting was attended by Major Gen. Jeje Odong, the Army Commander and the
Acting Chief of Military Intelligence Lt. Col. Mayombo. Mme Ba~'Daw expressed
interest in:
• Reports that the Uganda military has been active in taking out
resoμrç~ Qf the DRÇ. Br:ig. K~ and ~n. Salim Saleh are alleged
to have been involved.
• Newspaper reports that military mën/officers returning from the DRC
do not pay taxes on their goods.
· • Level ofinilitary expenditure in the DRC operations
23. In response, Minister Kavwna made the following points:
URAnoexSS
i) UPDF is active in the DRC in order to address security concems
emanating from rebel groups backed by Sudan who attack and commit
atrocities against civilian population in Northern and Western Uganda.
There are also genocidiaries in the DRC anned and trained by the
Kabila to destabilise the region.
ii) UPDF do not pay taxes bccause they do not engage in business and
retum with uniforms and equipment used in the DRC.
iii) Uganda has kept defence expencliture under 2% of the budget because
expenditure on welfare, building of barracks, etc. have been lcept low
in order to ensure security concems ofUganda. ·
iv) Uganda does not finance MCL and RCD(K) activities in the DRC.
Uganda assists the MLC and RCD(K) only in coμunan(l an(l ççmtrol
and training. The rebel movements have captured weapons (from
Kabila) and pay for their ov.n fceding, etc as guerrilla activities.
S9
S/2001/458
24. Major Gcn. Odong briefed the UN Panel on Uganda. disposition in the DRC and
a<!4~ ~t:
i) Uganda had initially sent 6000 troops into DRC. Five battalions pullcd
out in July/August 2000.
ii) He was willing to forward a list of specific questions to be answered
by both Brig. Kazini and Ge. Saleh.
25. On the control of air erafts by CAA, Lt. Col. Mayombo explained that only military
air crafts go to the DRC, and CAA only helps in air-traffic control.
Summary Report on Meeting witb Hoa. G Opio, Min!5ter of State for Finance
26. The meeting was attended by Mr Tumusime Mutebile, Secretary to the Treaswy.
Mme Ba-N'Daw requested to di.scuss generally the state of the Uganda economy,
forcign exchange markets and the cost of military involvement in the DRC.
27. Minister Opio and Treasury Secretary Tumusiime- Mutebile made the follov.ing
points:
i) Uganda operates a flexible exchange rate with both the capital and
current accounts liberalised.
ii) The Uganda shilling had recently bcen negatively affected by raise
international oil prices, declining coffee prices, coffee wilt disease, the
Bwindi incident :iwhich affccted tourism and possibly, speculative
attaoks due to regional instability.
iii) Uganda bas registered a 6-7% growth rate in the last 10 years and
targeted at 7°/o in 2000/0 1.
iv) Although the Ggaoda shilling bas always been used in the DRC, the
impact on monetary policy in Uganda is very insignificant
Summary Report on the Meeting with Hon. J Akaki. ~linister of Trade, Tourism
and lndustrv
28. l"vfme BacN'Daw expressed interest in discussing gencral regional trade issues, and the
impact of the conflict in the DRC"on trade and tourism in Uganda .Hon. Aka.ki made
the folloing points:
60
i) The Ugandan economy is fully liberalised., both Ugandans and nonUgandans
are free to engage in any business.
URAnnexSS
.. . -------·-------
St~vûii458
ii) The Ministry ofTrade, Tourism and Industty dcals with broader policy
issues and does not control trade, save for a short ncgativc list. [ssuing
of licences bas been divested to the Uganda Revenue Authority.
iii) Any increase in gold trade figures is due to the liberalization policy
wbich bas induced dealers to avail data to the authorities.
iv) The biggest negative impact of the conflict in the DRC on Uganda was
caused by the highly publicised Bwindi incident, March 1990, when
Western tourists were massacred by the genocidaires from the DRC.
v) UPDF Uganda has not had any influx in the trade of ivory into/or
transit through Uganda from the DRC.
Summary Report on the 1\fceting with Dr Zakc, Commissiouer of Customs, Uganda
Revenue Authority (URA)
29. , Mme Ba N'Daw raised a numbcr of technical issues witb the Commissioner of
Cu.$toms; ·
i) Reports of mernbers of UPDF retuming from DRC who do ~ot pay
taxes.
ii) Allcgations that timbcr is bcing broÙght in by ai~ from DRC.
iii) Regional co-operation structures of the National Revenue Authorities.
iv) Relationship bctween URA and the CiviÏ Aviation Âuthority.
v) Procedures for transit goods in Uganda.
vi) Impact of the war in the DRC on revenue collection in Uganda.
30. In response. Dr Zake made the following points:
i)
ii) .
iii) .
URAnnexSS
All Uganda retuming from abroad have an allowance of S300 nonta.
uble good.s . UPDF returning froiri the DRC carry their apparel
which are non-taxable.
URA monitors traders from· DRC wliëi air-l1f( their goods to Entebbe
and transport them by road to DRC. Such goods are put in convoys
and escorted to the border points. The documents are put on manifest
and cht!ckt!d it the relt:vant points to ensure that goods have! lef\
Uganda.
The Afromozia hardwood timber ,vhich ~~as Ï,ro4ght in b·y ·~{r fr~m the
DRC was in transit to the USA URA ensured that thè timber was
under Custorns control until the O\\ners shipped it out.
61
S/2001/458
iv) The various Revenue Authorities in Uganda. Kenya. Tanzania and
Rwanda meet regularly on common issues inclu.ding cross-border
smuggling. There is no co-ordination mecbanism bctwcen URA and
the Revenue Authorities in the DRC and Sudan.
v) URA utilises a computeriscd. system to monitor goods in transit as
indicated by the transportèr on nature of goods and destination. The
Uganda Revenue Police monitors goods cntering the DRC and the
Su~n tQ ensμre th1.t ~ arc not relc&l:ïe<i 1;,açk intQ (Jganda in $mal1
quantities.
vi) URA and CAA worlc closely to enswe that when goods arrive at the
airport. URA does its paper worlc, and CAA carries out checks before
clearance of goods.
vii) Uganda revenue collection has been increasing largely due to:
• The liberalised internai markets in Uganda;
• Entry into the market of big trading companies as centres for
upcountry traders and are more willing to pay wces.
• Increascs in V AT on mobile telephones.
• Increased foreign investors in the various scctors in the economy.
Summarv Report on the Meeting with :\fembers of the Parliamentary
Committee on Foreign and Presidential Affairs
31. The meeting of the Parliament.ary Committce on Foreign Affairs was chaired by the
Ag. Chairman. Hon. Toskin Bartilc. Mme. Ba-N'Daw and members of the UN
Expen Panel a.sked the following main questions:
i) Did Parliament discuss the question of the exploitation of resources in
the DRC during the dcbatc on the Kisangani incident, June 2000'?
ii) Is there revenue being brought into the country from the DRC for the
benefit ofUganda7
iii) Was there any Parliamentary debate following th~ plane crash which
resulted in the death of an Army Colonel in l 999?
32. In rcsponsc, the Acting Chairman and mcmbcrs of the Parliamentary Committce made
the following comments:
62
URAnnexSS
S/lÔOl/458
i) Dur:ing the debate on the DRC, the Govemment had assured
Par~ent that thc:re was ne;, exploitatiQn of natw'a1 r~\ll'~. illl4 ~
the UPDF in DRC were under specific orders not to engage in
business.
ii) Congolese women who had voluntarily moved into Uganda were
following their husbands_ with whom they bad properly been married
and for whom dowries to the respective parents paid.
iii) Contrary to the perception of benetiting from the UPDF presence in
Congo. the war in the DRC is cosùng Uganda dearly and has adversely
affected the counny's cconomic ~rformance.
iv) There has been historical t:rade between Uganda and the DRC, and
traditionally Eastern DRC has depended on Uganda for daily
provision. Eastern Congo uses the U ganda shilling and US dollar as
the mediwn of ex.change.
v) The plane that crashed with an Army Colonel on board was a
privately..chartercd plan which crashed inside Uganda.
33. Hon. Paul Ètiang, Member of Parliament for Tororo, Tororo District who bas since
1964 been involved in Afiican issues as a diplomat, Cabinet Minister and Assistant
Secretary General of OAU gave a historical perceptive of the DRC and made the
following points:
i)
ii)
iii)
iv)'
URAnnexSS
Many parts of the DRC have never seen any civilized administration
for more than 30 years.
The worst exploitation ever witnessed by DRC . was during the civil
war in t 965 when thousands of Belgians fled the Congo througb
Uganda with pockets literally overflowing with gold and diamonds.
The work of the UN Expert Panel sbould have started in Europe as
there are still European-owned mines with non-gazened airstrips
utiliscd to fly out their products outs ide the contrai of Kinshasa.
The UN had in the past grappled with the Panel's subject of
investigation without suëcess. It is a diversion ·for Uganda to become a
subject of investigation for going into the DRC to defend her national
secwity interests. ·
63
S/200)/'458
Conclusion
34. Mme Ba N'Daw and her team were well received and given ma:<Îmum co-operation
Uganda. The message to the UN Panel was clear. Uganda is in the DRC for the
protection of national security interests and is rcady to withdraw the UPDF troops in
accord.an.ce with the Lusaka Agreement on the DRC of July 1999 and the Kampala
Disengagement Plan of April 2000. Ugandan militaiy personnel and officiais are
strictly probibited from doing business in the DRC. And, as the economic data for
1995 - 1995 ctearly indicates, Uganda has not financially benefited from the presence
of the UPDF in the DRC.
35. An objective report of the UN Panel should be able to reflcct this position and reality
of Uganda's involvement in ihe DRC. It is also· hoped that an advance draft copy of
the report of the UN Panel will be given to the Govemment of Uganda for comment
before the official publication of the final report.
Compilcd by the Ministry of Foreign Aff airs
Kampala, Ugaoda
December 2000
64
UR Anoex SS
MOT/90/369/01
The Minlstry of Foreign Affalrs of the Republic of Uganda presents its
compliments to the Office of the . UN Resident Co-ordinator and has the
honour to forward copies of responses by the Govemment of Uganda to the
Questionnaire which was given by the UN Panel of Experts on the Exploitation
of Natural Resoun:es and other Forms of Wealth of the Democratie Republic
of Congo on 7 November, 2000.
The relevant data attachments are clearty indicated under each item of
the Questionnaire sheet.
The Ministry of 'Foreign Affairs would be grateful if the responses could
be forwarded to Mme. Ba-N'Daw, Olaîrperson of the UN Expert Panel in
Nairobi.
The Ministry of Foreign Affairs of the Republic of Uganda avails itself of
this occasion to renew to the Office of the UN Resldent Co-ordinator the
assurances of its highest consideration.
Kampala: 21 November 2000
Office of the UN Resldent Co-ordinator
UNDP
Kampala
URAnnex 55
65
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S/2001/458
66
UNITED NATIONS NATIONS UNIES
Panel of Experts on the Exploitation of Panel d'Expcrts sur l'Exploitation des
Natura.l Resources and Otber Fonns ofWealth Ressources Naturelles et Autres Richesses
of the Democratic Republic of the Congo de la Republique Democratique du Congo
QUESTIONNAIRE
I) Products for whicb statistics (amounts in pounds or volume) are requestcd for the
years 1995, 1996, 1997, 1998, 1999 ,2000:
1) Minerai products: .
Gold d.iamonds coppers, cobalt. zinc, cassiterite, manganese, uraniwn, and
colt.an;
(a) Attadament No.l: by the Miniatry ofEnergy and Miaenls
Devdopmeat dated J S November 2000.
2) Agricultural and forcstry products:
coffee, tca,round wood,sawn wood, veneer wood.industrial wood,
prunus afrieana, rubber/hevea, palm and other oils. and ivory;
(a) Attaclunent No. 2: paper on "Trade üa Ivory in Uganda"
hy Mlnistry ofTourism, Wildlife &
Aotiquities.
(b) Attachment No. 3: by the Uganda Coffee Developmeat
Autbority, UCDA.15 November, 2000
(c) Attachment No. 4: by the Department of Forestry,
17 November, 2000
II) Of the aforcmentioned products, which arc the primary oncs that are exported'?
For those, we would like to have figures for the quantity or volwne, volume
value, country of destination, address oftransporters, ad.dresses ofthose
importing/receiving these produccs abroad, mode (groundt air, rail. river, Jake)
and mcans (trucks. planes, boats. trains) of transport for the years,
1995. l 996~ t 997, l 998,1999.2000. .
(a) Attachment No. S: Data by Uganda Revenue Autbority
(ref. UC/DCT/MIN dated 17 November, 2000)
(b) Attachment No. l: by the Ministry of Energy aad Minerai
Development dated 15 November, 2000
(c) URA (Uganda Revenue Authority diskette: Export Arj.)
UR Annex55
S/1.0011458
III) Of the aforementioncd products, which are the primary ones that are imported?
For those, wc would likc to bave figures for the quantity or volume value, country
of origin and provenance, names and addre~es of foreign ex:peditors, names and
addrcsses ofthosc importing/receiving these products domestically, mode and
means of transport, with identification nwnbers for aicplanes, for the years,
· 1995,1996,1997,1998,1999,2000.
(a) Attachment No. 5: Data by Uganda Revenue Authority
(ref. UC/DCT/MIN dated 17 November, 2000)
(b) Attachment No. l: by MiDistry ofEoergy and Minerai Development
Dated ISJanaary, 2000.
(c) URA Diskette: Import. dbf.
IV) Of the aforementioned products, those in transit from one country to be sent on to
another, we wouJd Jike to bave figw-es for the quantity or volume value. country
of origin and provenance, names and addresses of expcditors and recipients for
the ycars 1995,1996,1997,1998,l 999,2000.
(a) Attachment No. S: Data by Uganda Revenue Authority
(ref. UC/DCT/MIN dated 17 November, 2000).
(b) Attachment No. 6: 2000 Statistical Abstract by Tbe Uganda Bureau
of Statistics (UBOS).
V) Nwnber ofvebicles registered in Uganda for the years 1995, 1996, 1997, 1998,
)999, 2000.
(a) Attachment No. 5: Data by URA (ref. UC/DCT/MIN dated 17
November, 2000).
(b) Attachmeot No. 6: 2000 Statistical Abstract by The Ugaoda Bureau
of Statistics (ODOS).
Evolution of fiscal and customs receipts for the years
1995, 1996, 1997, 1998,1999,2000,particularly for international trade, revenues, and for
goods and services.
URAnnexSS
(a) Attacbmeot No. S: Qata.by URA (ref. UC/DCT/MIN dated 17
~ovember, 2000)
(b) Attacbment No. 6: 2000 Statistical Abstract
(c) Attachment No.lSb: Uganda's Tax Revenue for FY 1999/2000
67
.. - ----------------
S/2001/458
68
V[) Evolution of airport receipts for the years 1995, l 996, 1997, 1998, 1999, 2000.
(a) Attachment No. 7(a): by the Civil Aviation Authority.
Vll) Evolution of receipts for telephone and electricity usage for the years 1995,
1996,1997,1998,1999, 2000.
(a) Attacbmeat No. 6: 2000 Statistical Abstract (pages 97-98)
VIll) .Fraudulent/illicit trade: .fraudulent products, their origin, and their routes of
transportation, people/companies involved. and means of transport.
(a) Attachment No. S: Data by URA (rer. UC/DCT/MIN dated 17
November, 2000)
IX) Movcment of planes arriving in and departing from Uganda, with their
rcgistration nwnbcrs, for the Democratic Republic of the Congo, Rwanda, and
Burundi, for the principal airport ofUganda, for theyears 1995, 1996, 1997,
1998, 1999, 2000. . ·
(a) Attachment No. 7(b): by the Civil Aviation Autbority dated ...... .
(b) Attachment No. S: 2000 Statistical Abstract
X) Ugandan lcgislation and regulations for international trade.
(a) Attachmeat No. 8: Exporters and lmporten' Guide by Ministry of
Trade & ludustry dated December, 1991.
(b) Attacbment No. 9: The Extemal Trade Act (1991)
(c) Attacbment No.JO: The Uganda Wildlife Statute (1996)
(d) Attachment No.Il: The Game Act (Amendment) Decree, 1975
(e) Attachment No.15a:Tbe Externat Trade (Export Restricted Goods)
Order 1987
URAnnexSS
XI) Trade balance and balance ofpayments for theyears 1995. 1996, 1997, 1998,
1999, 2000.
(a) Attachment No. 4: by tbe Department of Fore1try dated 17 November,
2000.
Xll) In addition to inspection by customs agents, are importcd and exported goods
subject to inspection by private companies? If so, how many and what are their
names?
(a) Attachment No. S: Data by ORA (rd. UC/DCT/MIN dated 17
November, 2000.
XIlI) List and location of sawmills.
(a) Attacbment No.12: by the Departmeot of Forestry dated
17 November, 2000.
(b) Attacbment No.13: Map indicating location ofSawmiUs.
URAnnex55
69
-----------
S/1001/ .. 58
70
UNITED NATIONS
Panel of Experts on the Exploitation of
Natwal Resources and Other Forms of
Wealth of the Democratic Republic of
the Congo
NATIONS UNIES
Panel d'Experts sur !'Exploitation des
Ressouroes Naturelles et Autres Richesses
de la R.epublique Democratique du Congo
MillÎltry of Fûumce
Complemenbry J11formatio9 Requesoed - 9 November 2000:
• A copy of the State Budget for past five ycars (inclu.ding current year)
(a) Attacbment No.6: 2000 Statistieal Abstract by UBOS.
(b) Attachment No •••• Background to tlle Budget 1eries.
• Who have bcen Uganda's five main trading partners for cxpons and imports for the
past five years (including current year)?
(a) Attubment No. 6: 2000 Statistical Abstract by UBOS.
• A Iist of all trading comparues registered over the past five ycars (including cUJTCnt
ycar)
(a) Attacbment No. 14: by the Ministry of Justice (Number of Compallies
Regiatered in Uganda bctween 1999/2000)
(b) What has bcen the spcnding above the State Budget for the past five years?
(a) Attacbment No. 6: 2000 Statistical Abstract by UBOS
• \\'bat has bcen internai debt ofUganda ovcr the past five years?
(a) Attachment No. 6: 2000 Statistical abstract by UBOS
• A copy of legislation pcrtaining to the East African free cummcy arrangement
(enacted approximately three years ago).
(a) Attachment No. 16: "Guide to East African Cu.rrenc:y Notes"
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S/2001/458
- ... -~
Appendix 2
· [Original: English and French]
. . .,,.._ ...
PROT(>COL BE~BN~ DEMOCRAnc uruuuc
OP CON(;C) AND REPUBLIC OF UGANDA ON
§;EÇûlU'l'Y ALONG THE CQMMON BORDER
Upon the invitation of His Excollency the State Minister and Minister of
Intcrior visitcd Kinshasi from 24da till 27,. of April within the foemewoek of a
bila tend meet.ïnti betweei1 the DRC and the Republic of Uganda.
tbfa meetin.f is a logi98J rollow up the first two which took place in Kinlhasa
ûom the 11 lill the 13th of August l 9'J7 and in Kampala ftom the fft till tlJ,e 7ll
of April 1998.
. .
The two delcptions pu:'Blled their discussions on the preoccupying security
:sitwdion tbai pntV8ils alo mg the common border.
• hl order _t o put an end to the existaice of the oebels groups
OJ>eraÛDg on eicher sicle of the coaimon bor~'"• namoly in the
R11wc.ozor·, ·
• \\'hereas the two delegations would liJoe to sc.e their people live
in peace ir. accordance with the will exprcssed by the two Heads
of State to guarantee and strengthen peace, security and ~ility
in the Ore, it Lakes Regions; which are important factors for the
social and · ~onomic development;
• Oiven tha1 an in-depth-analysis of the military, security and
immigratio, aspects bas becn done. ·
The following tw,:, palties agreed as follows:
Conc3J)ing the M..ilit!OE
The two parties recognisc d the existence of enemy groups which operate on
• either side of the ,~ommon border. Conscquently, the two amûes agrecd to
co-operate in ordc~ to insu:~ security and peace along the corn.mon border.
~ëuri\y 8e?'VÏO!:S
The; two security services c oncurred on the strengthening of their co-operatlon.
UR Annex 55
71
Jo 1P &r: u inmipatîon it çcnçemed
The two pem~ aan«,i U> oonvene a meeting of the relevant aU1hori1ies in onlcr
u» set up an &dequate meclumism to allow for free movcment of ptq>le md
aoods.
Done in Kiusbasa,
F1X' and oo. I.e behatf cf
----th-e b=pu-b~tk ~ .fUp11da '-------6 r--~.
For and on the behalf of the
-~ Republic ofc.oego
Boa.Toah~•
Ministcr of Jntemal Aflàirs
luterior
72
URAnnex55
lJRAnnexss
JOINT COMMUNIQUE
Upon the lravitation of the Government of the Democratic ~epubHc of the
Congo, a Uganda11 delegation·led by His Excellen~ Mr. Tom Butime,
Minlster of the lnterior, Visited Kinshasa from the 24tti titi the 26~ of April
1998 'Nithin the .. 'ramework of the bilateraf meetings between the
Oemocratic Republic of the Congo and the Republic of Uganda. ·
The delegatio~. of t-'1e Oemocratic Republic of ine Congo was led by His
Excelfency Mr. Gaêtan KAKUDJf, State Minister in Charge of the
lnterior.
'Jht lista of the two delegatJons membtÎrs are· attlchéd to the piesent
j0tnt statement ... . - ·.·
Ouring the meeting, the two parties diaeussion issues related to· ~:. . _
·t. securty along the common border · {1.1W
:t police traf ning
:t refugt,es # . .
)'t.S to the ,,rst ltern, after an in-depth analysis of the preoccupying
E,ituation that prevai1s along the common bottier, the two delegation
a1greed on the wayn and means to eradicate lnsecurity and thus affow·
the people e>f the tv,o countries to Uve f n peace in accordanoe with the
..,,m expressc!d by th•! Heads of State, Excetlencies Mzee Laurent Oesire
~:abila and Yoweri J./luseveni.
i;:egardlng police and public order, a ~peration agreement on training
was signed by the two parties.
ln SO far as the prOi)lem of refugees ls concemed, the two delegations
VJith the Un lted Nations High Commission for Refugees agreed on
v1>luntary repatriation of the two countries refugees.
.
The proceedings toc,k place in an atmosphere of perfeet understanding
and brotherhood.
73
;12001/458
The Ugandii.n delegetion expreseed thetr gratefulneU to the Congoleee
,-ope for tt• warm -.1come and haepitality accorded them during.thelr
etay in Kinshasa. ·
For and on tiehalf of the
Democratic Ftepublic of
theCo
Done ln Kinshasa, the 26"' of April 1998.
For and on behalf af the
Republic of Uganda
Mlnlsoer of the
lntarior
URAnnexSS
T'HE REPUBLIC OF UGANDA
j,GREEMENT PROTOCOL
Between
The Gove1nment of the Republic of ~ganda
and
The Govemn1ent c,f the Democratlc Republic of
The Congo
On 1>01ice 1·ralni11g and Public Order in the
l)emocr·atlc ftepublic of The Congo ·
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S/2001/458
75
·--·------
S/2001/458
BeNieen the parties :
Tha Republic of UgandJt on the one hand,
and the Democri1ttç RepubHc of the Congo on the other hand
lt haa been agret!d that :
AJ:1518 1 : The R1!public of Uganda supplieS to the Democrattc Republic
of the 1Jongo 2 O quaUfied instructors for the training of
poficerfflln in ttie Oemocratic Republic of the: Congo.
Arfiç}e Z : The DemocraUc, Republic of the Con;o :
• taken ln chftrge the retum tk:ket of the lnstructors and
exen1pta ~rn for the airport tax.
,,...,. • put& ;Jt the ln.'ltructors dlapoaal .acfequate facifttiee
· • Provil':las aeoJrtty, hea1th care,· fooda,. •CCOIMlOdaflon and
~ trana,,ort ·
76
: Administration. 5ecurtty, disdpline and command during the
training ara on the JurisdJction of commander of 1he cet1b e
(Congolesie). Asto 1he discipline arnong thé tralners, itwl11 be
under the turiedict.on of their commander in liaison wfth the
command1!r of the centre.
_....,,.., ... 4 : The training will oeke effect after the signature of the
present agreement protocol and can not go beyond a civil
year.
However, the partiflS may decide otherwi~ if the objectives
have not buen reached after the trainer have submitted the
resull
Artlçle 5 : The RepubUc of Unanda will supply within. the.requtred tlme
an~ in agreement vtlth the Democratic Republic of the Congo
·the prograrn for a sùfficient adequate t~ining.
&tJcle f : The Republic of U ~anc:la may proceed to the replacement of
one or thme instn.ctors provided. The Oemocratic Republic
of the Congo is intormed beforehand. ln that case the retum
ticket of tt,e new irtstructors will be provided by the Republic
of UgandEL
URAnnexSS
S/2001/458
AtdPlt z : lt ia the right of the Democratfc Republic of the
Congo to tire any instructor whoae conduct is incompatible
with the mission of the Republic of Uganda according to this
agmement or violates the laws of the Oemocratic
Republic of the Congo.
AdJcl1 8 : Tho Ç)emocratic Republic of the Congo is committed to
pro,~de S25 bonus per day to each lnstructor as of the
beginning of the training.
&ll!:J1 9 ; Witnt>ut preji.:diéing the provision of Articles 5 and 7, the
presEint protr>col can be tarminated at the end of the period
mentloned in Article 4. However, the obligations generated
woukf be p~icf Within 40 days as of the date of expiry.
&llilV.2 : The pre1Jent agreement protocol is implemented in the
fo(lowlng l&n!1U&g88:
• En\Jllsh
• French
•swahili
&fl~ltt 11 : Any lltigatlon resulting from the application or lnterpratatlon
of this, agreen sent protocol will be settled in a friendly manner
by the, two pa,tles committed to lmplement it in good faith.
t,,:tjcle 13: The parti~ Will carry out their communication in writing.
For and on behalf c,f the
Oemocratlc Republic of
the Con1Jo
Done in Kinshasa, the 26th of April 1998.
For and on behalf of the
Republic of Uganda
- ----- -
URAnnex55
<-=: ·-
Tom. R. Butim
Minister of the
lnterior 77
78
S/2001/458
Appendlx 3
H.E. PRESIDENT YOWERI MU$EVENI COMD-IN-OtIEF (H/EX) RADIO
MESSAGE TO CHIEF OF STAFF AND ALL UNITS BANNING TRADE IN
DRC BY OFFICERS/MEN UPDF.
DTG 1500010 C DEC 1998
i.e. 15tt1 Deoember 1998 at 0010 Hrs.
FROM : H.E. FM H.EX FR AG.COS.
TO : AG.COS
INFO : MSD
AC
ALL UNITS
(1) ENSURE THAT THERE IS NO OFFICER/MAN OF OUR FORCES
IN CONGO WHO ENGAGES IN BUSINESS.
(2) Al.50 REPORT TO ME ANY OTHER PUBUC SERVANT WHETHER
CURRENTL Y BASED IN BUSINESS IN CONGO OR NOT WHO
TRIES TO ENGAGE IN BUSINESS IN THE CONGO.
(3) HOWEVER, OTHER UGANDAN BUSINESSMEN (WHO ARE NOT
SOLDIERS OR PUBUC SERVANTS INCLUDING ALL
POLITICIANS OR THBR FAMIUES) SHOULD, GIVEN THE
FLUID SECURITY SITUATION IN CONGO, BE ASSISTED IF
NECESSARY TO DO BUSINESS THERE IN OROER TO
ALLEVIATE THE ACUTE NEEDS OF THE POPULATION AND
ALSO TO ESTABUSH LINKS FOR THE FUTURE. llfE PURPOSE
OF THIS DIRECTIVE IS TO ERASE THE FEEUNG THAT I
OROERED OUR FORCES TO LOOT MINERALS FROM CONGO
AND NOT TO DEFEND OUR SECURITY INTERESfS.
Dated 15 December 1998
1
URAnnex55 J
Annex II to the letters dated 4 May 2001 from the Permanent
Representative of Ugenda to the United Natiüus aàdressed to the
President of the Security Council
H.E. Yoweri K. Museveni's response to the Unitëd Nations report
on the Democratic Republic of the Congo
S/2001/4511
Recently; a panel of so-called independent "experts" produced a vecy shoddy report
for the UN Security Council on the illegal exploitation of resources in Congo. I was one of
the people that supported the UN decision to set up such a committee. When tbat panel was
formed beaded by a lady from Ivory Coast, we bad lengthy talles with the team. I was,
therefore, surprised when l saw their report claiming that some Ugandan offi.cials refused to
meet them. How corne they did not tell me when l met them? Why did they not write to our
Ambassador at the UN, or the Ministry ofForeign Affairs? Tiüs is a lie by those individuals.
This report is supposed to be debated upon by the UN Security Council. Uganda will,
therefore, have plenty of opportunity to expose the shallowness of this report. It is, in fact,
not worthy of being called a report of experts. Experts cannot be so superficial in their
investigations. Since, however, the report is being put out in the name of the UN, we bave
no alternative but to go to great pains to answer evezy point {falsehood or misinterpretation)
raised by them.
The report has got three fundamental faults: the scope of the investigations they
carried out ( çonfusing the sensible with the abnonnal); the poor handling of the aspects they
should have invcstigated; and the telling of lies that thcy picked from our political enemies
in Kampala without botherin~ to gather evidence to substantiate or reject the lies.
The Scope:
The panel described as "illegal exploitation of resources" any economic activity on
the terri tory of Congo that is not authorised by the "legitimate" Govemment of Congo. This
definition was not only wrong but subversive of the development efforts of Africa in the last
15 years. There has been a fonn of re-awakening in the last 15 years by Policy makers,
expunging ~e old con~ed approach of the 1960s of over-involving the State in all and
every economic activity.
-· ... . .
That is why Africa failed to grow in the 1960s, 70s and early 80s. Now that this
mistake has been realised, some Afiican economies, U ganda included, are beginning to grow.
In the new understanding of economic management, it is the private citizens that engage in
production and distribution of goods; not govemments. The correct understanding of
economic management should, then, ~nable us to distinguish between activities that are
indispensable for the sustenance of families and individuals and which. therefore, can never
be suspended even in tune of civil war (as far as circumstances allow) and those economic
activities that are controlled by the State which ought to be suspended until there is nonnalcy
and an accountable Govemment in the Country.
79
URAnnex55
Sl200ll4S8
The growing of cotfee, cotton, tobacco, tea or the keeping of goats and cattle are, in
the majority of cases, not State functioos. It is the families or private companies tbat do this.
The Govemment, where it exists, simply regulates 1hese activitic:s by licensing the sale of the
produce fi'om those activities and, in some cases, collecting taxes, not to forget extension
services to the fàrmers (advice about techniques, seeds, c:tc ). When therc is a civil war in the
country. as bas happencd in Uganda twice in the last 21 years, sometimes the rulers in the
centre (never mirui how legitimate that rule was in the first place) lose control of large
chunks oftenitory. The regime's authority disappears. What are the poor coffce fanners
or cattle-kcepers supposed to do? Starve in their bouses or be extemûnated by disease in
Ioyalty to the regime that disappcared? If you claim to be a patri~ or a humanist or simply
a nationalist, you cannot advise the poor fànners to takc that course. If you do, you should
be categorised as a genocidaire because, without selling their commodities, peasants will
perish. In 1979 and 198S, wben Uganda was eut into two pans by civil wars, all the cattle
in the South West of the country would have perished had we not been gctting acaricides
( anti-ticks) and otber drags ftom Kenya, Tanzania, Rwanda, Burundi and Congo. In tum we
were selling our coffee, timber, beans, maize, cernent, etc. to, or tbrough, those neighbouring
countries. The neighbouring countries saved our people ftom dying by getting us wbat we
could not get ftom the regime and buying what we wcre producing. How, then, can a
rational man or woman, let alone an expert, call this "looting"? Unless you say that
somebody robbed the coffee ofpeasants or companies, or Mr. Museveni's cattlc, without
paying for what he bougbt, calling such activities illegal is a serious mistake of perception.
11ùs is tradc. The only difference is that the rulers in the centre bave fled; but normally there
are other incipient rulers that are commonly called rebels who now fill the vacuum. I was
such a character in both 1979 and 1985. I becamethc authority in the South West replacing
Amin ( 1979) and Okello ( 1985) whose "legitimate" (read illegitimate rule) had, finally and
fortunately, corne to an end, at least. in that part of the Country. It was the dawn for a better
future. What the families in that part of the country did was to survive so that when the
dawn finally becomes daylight, they are still around as well as their herds of cattle. Surely,
the UN panelists could not have wished otherwise. Therefore, connnodities like coffee,
cattle or tobacco should not have been part ofthis enquiry.
Even if there was no civil war or breakdown oflaw and order, as is the case in Congo,
today, and provided the macro-economic policies are not right, the peasants will still smugg)e
the coffee to neighbouring countries where they can get better tenns and the UN panelists
cannot do anything about this except if they offer themselvcs as experts (this time real
experts) in the respective Ministries of Finance of the Countries concemed in orderto evolve
appropriate macro-economic stimuli.
In the case ofEastem Congo, there is an additional factor. Ali the bulky merchandise
of Eastern Congo has always gone through the pons ofDar-es-Sal~ (in Tanzania) and
110
URAnnex55
·---•• • 0- ....... ...... - • .. • • .. • • ....... - ••• -
Sl200ll45B
•
Mombasa (Kenya). Kinshasa is too 1àr to be economic. Surely, the UN Panelist could not
make it theirmission to negatively investigate Afiica's geography and history. Therefore,
it was noosensical for the panelist to present these legitimate economic activities of the
people ofEaster Congo and~ Afiica as illegal merely because the undemocratic regimes
in Kinshasa had finally imploded. This is not the place to go into the roles ofthose that
maoufactured those regimes in the first place.
Before I leave this point, I would like to point out that before Colonialism there was
always trade between Uganda and congo. The people of Congo would take sait, ironproducts,
etc., while the Ugandans would receive copper products (e.g. emiringa - bracelets)
and iyory products ( engoro - again bracelets).
Neverthcless, at the beginning of our Congo operation, I forbade ail army officers,
Govemment officiais and their family members engaging even in tbis legitimate trade. Only
private Ugaodans or non-Ugandans based in Uganda cou.ld engage in this type of business.
Therefore, in my opinion. the UN panelists should have concentrated on min~
possibly natural forest timber and ivory. These are definitely not items that are necessary
for the basic subsistence of fiunilies. They are clearly for commercial gain. Moreover,
especially minerais, they are exhaustible; they are finite. Therefore, morally, they should,
ideally, be used by accountable Governments in the centre to create alternative durable and
sustainable capacity througb educating the children of the Country, building power stations,
etc., so that by the time they are exhausted, the people of that country have alternative
sustamable capacity. What is not renewable, provided it is well utilised, can bequeatb us an
eternal capability. England had coal. The coal is now exhausted. However, the English, on
account of the human resource development that has transfonned England sincethe industrial
revolutio~ are now eaming greater monies from selling computers, machines and machine
parts, etc. etc. Therefore, minerais should be used for the strategic purpose of transforming
society, different .from renewable coffee that can be both strategic and also for the immediate
survival of families and commercial units.
Minerais, however, fall into two categories: reefminerals (where you hit the seams
of minerai bearing rocks) and alluvial minerais mainly panned in rivers. Alluvial minerals
are normally washed down fromminerals in rocks somewhere upstream; ormay be remnants
of ancient rocks that were dispersed over the years by weathering and erosion. It is easy for
Govemment or any well-intentioned person to monitor what goes on at minerai reef sites.
The Govemment can easily know that copper and cobalt are being mined at Kilembe
(Western Uganda) or not. Nonnally this type ofmining requires a lot ofmachinery. The
recently opened cobalt factory at Kasese cost more than US$100 million. Nobody can miss
such an overt activity. 1 c~ therefore, tell Ugandans and the World, based on the
URAnnexSS
8J
S/2001/458
information I have, that there is no mining going at such sites in the are of our control, i.e.,
Kilo-Moto near Bunia and Durba near Watsa. These gold mines bave been closed since the
time our forces bave been in Congo according to my information. In fact I encouraged the
UN panel to visit those sites. Apparently, however, tbey declined to go there. Let a more
serious team, then., go to these sites and verify the trutb.
1 have al.so been informed about diamonds operations beyond Banalia. I told our
Army never to go there. They are always at the ferry-cros.,ing to guard our route ûom
Kisangani to Buta. About 40 Kms away from Banalia ~ing, where our Army is, thcre
is apparendy some panning (alluvial) for diamonds by peasants and petty prospectors. lt is
not casy or advisable for any Govemment or Army to try and interfere with such pctty
operators. It is politically explosive and not fcasible to sustain if you make it your business
to interferc with such smalt operators.
As I bave said, wbile it is easy to monitor recf mining, it is another loettle of fish when
it cornes to alluvial panning. Tbere is no way a Govemment, even when law and order is
fully establisbed, can control, or even monitor, artisanal m.ining using mscist administrative
methods. The only medicine for artisan mining is to use macro-economic stimuli such as deregulation,
having a fully convertible currency and allowiog anybody that wishes, and is
able, to open dollar accounts by allowing them 100% retention of their forex eamings. Tbat
is how Uganda bas managed to reverse capital Oigbt from this activity. That is why the
panelists were eaiog by saying that Uganda•s gold eamings have gone up in recent years
becausc Uganda was looting Congo's gold. Sincc many years ago, there bas been a lot of
artisanal mi.oing for gold, wolfram, col1ran, etc. going on in the following areas ofUganda:
Buhweju, !banda (Rukiri), Kanungu, Kassanda, K.aramoja and Busia. In the case ofBusia,
we are about to operationalise reef mining. However, the eamings from ail this gold were
being taken out of the country becausc of wrong economic policies of our Govemments. If
the Govemmcnts are foolish, the businessmen are not foolish. lf you have wrong economic
stimuli, the people will conceal their eamings from you. lf you do not interfere with them,
their eamings will surface. lbat is what bas happened in respect of our artisanal mining.
The sub-terranean panning that bas been going on for decades bas now surfaced because we
do not intcrfere with the operators. In fact our gold exports climbed to nearly 4 toncs by
1995 - long before the first Congo war. 1bis climb was in response to our liberalisation
poli ci es. We now export about 10 tones of gold. lt is als'o possible that, on account of our
relaxed and correct economic stimuli, some quantities of gold panned in Tanzania, Congo
and Sudan are going through Uganda on top of our own panning si~. Th.is is positive.
Nobody loses. The greater foreign exchange that cornes in now is used by Ugandans,
Congolese, Tanzanians and Sudanese. The non-U~ partners in this case buy roofing
materials (iron sheets), cernent, etc. from Uganda and construct aew bouses in their
countries. Y ou can clearly see this wben you tly over the Kasindi areas of Congo. A lot of
111
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I •
SJlOOJ/4511
new houses have been built with shining corrugated iron roofs. The boom for housing in
Uganda is, therefore, shared with Congolese brotheis and sisters- in spite of the overall bad
situation in Congo. Why should any well-meaning person be unhappy with this mitigation
of p.roblems for our Congolese ~lleagues?
Finally, the panelists excelled in malignment and defamation. They falsely alleged
tbat members of my family such as Sa1eh, Jovia and Muhoozi are engaged in "looting"
Congo. I have asked ail the three for the hundredth time and they have denied. These
individuals, as well as other Ugandans mentioned, are ready to be investigat.ed by our
Govemment TheGovemmenthasasked members oftheParliamentary StandingCommittee
to launch .fresh investigations on top of the casual inquiries we had made before. They are
also available for interrogation by any International tribunal. If they are found innocent, we
shail demand a full apology by the UN panel.
Then, in one of the paragraphs, they say that I must also be an accomplice because
I refused to arrest Mbusa Nyamwisi and Tibasiirna (Congolese Opposition leaders) because
of stealing money! ! This is absurd and shows how removed this panel is ftom reality. You
wanted me to be a Colonial Govemor over Congolese!! Who am I to arrest Congolese
leaders for anytb.ing? I went to Congo for security interests ofUganda. The only Congolese
I can conflict with is the one who threatens the security interests ofUganda or the Congolese
population in the areas cmrently under our control. To go beyond that is to assume a
colonial rote. That is arole we shall never assume. Those problems must be handled by our
Congolese brothers and sisters, themselves. The problems of administration, economic
management and justice must be handled by our Coogolese colleagues. Our interest is
security nothing Jess, nothing more.
The investigations should continue with a more serious panel to expose those stealing
the natural resources of Congo if any: e.g., minerais, timber, and ivory. The UN Panel even,
most insensitively, claims that the whole purpose of the conflict is to get Congolese
resources. Surely ! ! This UN team has never heard of the massacre of one million Rwandese
or the extermination of eight hundred thousand Ugandans by Amin and Obote!! They have
never heard of the burning alive of 50 Kichwamba students by terrorists operating out of
Congo!! 1bis is not acceptable. Obviously, we are of different ideological origins. The
freedom fighters are not compatible with those who support colonialism. In 1968 I was in
Mozambique expressing solidarity with FRELIMO. What business interest did I have there?
We supported RPF of Rwanda and ANC ofsouth Aftica. What business are we doing in
Rwanda or South Africa today? lt is multi-nationals that are directly ta.king advantage of ail
those new opportunities. May be indirectly we are benefitting in that South African
companies are now investing here, e.g. MrN. Therefore, be informed that there is something
the panelists may never have heard of: patriotism. We take positions out of conviction but
URAnnex 55
83
S/2001/458
not out of mercenaey considerations. Tanzania helped us to get rid of Amin. What
commercial interests does Tamania have in Uganda today? It is those who were working
with Anùn that are minting money out ofUganda. In the case of Congo, OlU' interest has
been security. We have, fortnnate)y. been able to wipe out ADF (terrorists backed by Sudan
and Congo). We were also hoping for an accountable govemment in Congo as a long term
stabilisation factor for Congo and the region.
The report treated us to the stereotype fàllacy that Congo is so rich that few can resist
its lures. ln Congo we do not see wealth; we see deprivation of the type we have not seen
in Uganda for many decades. The wealth of a Country is its people; not stones in the ground.
Unless we are back to the bullionist theory, minerai production, even where it is takingplace,
is not comparable to the products ofintellectual labour(industrial products, services, etc) and
agriculture. Congo, wlûch is the same size as India, if the mines were fully operational,
would eam approximately US$1.6 billion per annwn. South Korea, halfthe land area of
Uganda, eams today US$180 billion per annum. As of now, however, there are no serious
minerais in our area of control. Even if the minerais were being fully exploited, the eamin~
would be minuscule compared to the eamin~ of Countries that bave, througb education and
health, developed their hwnan rcsources.
The UN Panelists, do not only distort the source of the conffict in the Great Lakes and
maJign us, but they also seek to des~oy the Lusaka Agreement which was the only document
that dealt with the three major aspects of the problem: the terrorists against Uganda operating
our of Congo, the geoocidaires from Rw~da and Burundi and the internai question of
empowering the Congolese people througb democracy. It seems the wony of the panelists
is not the people of Congo, the people of Rwanda or the people ofUganda. Their interest
is minerais. Our interest is the reverse. Wby don•t those who claim to care about Congo,
talk about empowering the Congolese people? Why, then, do they undennine the Lusaka
Agreement? It is Lusaka that had all the el~ments ofth~ solution. Tl!ere was also the UN
Report on the negative forces in the region (lnterahamwe, ADF, Kony, etc). Wbat happened
to it? Why was it not implemented? Tbere is a lot of diversion from the core issues and
double standards. Our Govemment, is anyway, preparing a paragraph by paragraph answer
to the recent report on natural resources. The report is, in the main, shoddy, malicious and
a red-herring in this situation. Genocide, terrorism and disenfrancbising the Congolese
people are the causes to this problem; not minerais.
U gandans and other Africans may. then. wonder ~hy anybody, speaking in the name
ufthe UN. can stand up and tell such a lie against an African Countty or leader. This is not
strange at ail. The intetests that have been influencing the destiny of Africa for the last 500
years have been evil forces 1hat do not care about Africa; they only care about looting it.
Why do we wonder? In 1959 about 200.000 people of Rwanda were extenninated and
IH
URAnnexSS
S/2001/4S8
anothec one million were sent in the Diaspora for thirty ycars. In 1972 about 200,000
Bamndi were massacred by Micombero. These samc interests who are seeking to blacklist
Uganda never said a won! about those tragedies. The cxt.enninat.ed and the uprooted were
not gold. They were not worth talking about Between 1971 and 1986, about 800,000
Uganda werc extenninated by the regimcs of Amin and Obote. We preserved 70,000 skulls
of these victims in the Luwero Triangle. Not many people in the World said anything about
us. It was only our Tanzanian brothers that twice stood with us until we defeated these evil
forces. Col. Gaddaffi ofLibya, Kenya and Mozambique also gave us some support in the
Second War. In 1994, in Rwanda, more than a one million people werc extenninated when
the UN was watching; and anothcrooc miJlion Rwandese were stampeded into exile by the
genocidaires across the border in Goma. The UN did absolutely nothing on the wicked
grouping that was gathering in Goma. With ~ support of Mobutu these demonic forees
were ptanning to come back to Rwanda to exterminate the remaioing Tutsis. Therc were
even talking of extending the extermination~ Uganda and Bunmdi. Y ou know the rest of
the stoiy. Nevcrtheless, you now witness titis group of panelists writing a report on the
problem of the Great Lakes without saying a worcl about the human catastrophes that have
been visited on this area. There is nota word about the horrendous atrocities committed by
Kooy againstthe people ofNorthem Uganda; Dot a word about theADF atrocities in Kasese,
Kabarole and Bundibugyo (Districts in Westem Uganda). These are the fon:es that Afiica
bas been coping with for the last SOO years. Some of the old Colonial forces have somewhat
redefined their aims in the positive direction. Others, bowever, are wuq,eotant and always
. weaving ficsh coospiracies against A&ica. The rcsurgent Uganda is seen as a threat by these
forces. Our economy bas been growing at an average GDP rate of 6.5 percent per aonum
for the last fourteen years; inflation bas been about five percent per annum for the last ten
years; the enrolment in the Primary schools ~ SQ&red from 2.S million to 7 million; an~
· co-operating with a few other African Countrics, we bave stood up against the colonialist
schemes of Tourabi and his allies in the Sudan, defeated the traitor Mobutu as well as
stalemating other negative forces in our region. Since the regional agents of these evil forces
can no longer defeat our forward marchand thatofthe region towards liberatio~ it is now
high time for the evil forces to manipulate the ~ to come in and stop the disintc:gration of
their perceiyed "interests... Toese "interests" are not lcgitimate; they are evil as has been
shown above. Otherwise, there is no good reason why a fiee Africa should be a threat to
anybody's legitimate interests.
The main problem, however, as in the past, are not these outsiders. It is. primarily,
the Africans that are responsible for this et~ emasculation of Africa. We can defeat tlùs
foreign meddling if onJy we wcre not ideologi_pally confused. We are the ones, through
ideological inadequacy, that open the gates for the enemy from outside. Wby hasn 't Lusaka,
for instance, been implemented? How is the Lusaka Agreement aoti-Congo? The outsiders
have not been involved in fiustrating Lusaka. In fact those outside forces were on retreat.
URAnnex 55
8S
. ----------------·
S/2001/458
By the time of swearing-in of the late President Kabila in May, 1997, Africa was on the
threshold of a new dawn. Howevcr, ideological inadequacy could not allow that advantage
to be sustained.
This is the rea1 enemy of Aftica - ideological inadequacy. ldeologicaJ inadequacy
leads to misdefinition of interests an~ therefore, of fricnds and enernies. This is the enemy
from within. Why can •t the problem of the Sudan be resoJved? Doesn 't the whole of Afiica
know that Nilotics were put nnder the parasitic control of the Arab spealcing Northcmers?
Why must the people of Southern Sudan be exterminated by war fol" the last 35 years?
Where are the patriots of Africa? Where is the UN? Where is the ~tematiooal morality?
Where is the new World Order? Cbildren are ki~ from Uganda and raped in Sudan
and ruined with AIDS. Wben will the UN help us with dûs problem?
1breats of sanctions, on the flimsiest of grounds, are onJy effective against Africans.
The Panelists say that the relatives ofMuseveni are looting Congo. Why, then, not call for
the arrest of those relatives? Why call for sanctions against the 23 million people of
U ganda? If the panelists recommended that those relatives of Museveni sbould be handed
to an international tribunal for trial and Uganda govemment re~ thcn you could think
of sanctions against the govemment mem~.; not the Country. TIμs Ç}(J>OSCS the real interest
ofthese forces - to disrupt the forward man:h of a resurgent Uganda. We have enough allies
in the World to expose this conspiracy. By the end of this saga those who have
"systematically and systemically .. been footing Congo wiU be known. They will not include
Uganda because we are conscientious long time fighters for Uganda' s and Aftica~s freedom.
Owing to the indifference to African suffering in the World; owing to ideological
confusion and fragmentation in Africa where you cannot tell who is an cnemy and who is
a friend; and owing to my long experiencc in dealing with these labyrinthine illegitimate
interests in the World., I have now decided torecommend tothe Higb Command, the Anny
Councii the Govemment and the Parliament that Uganda forces withdraw completely from
Congo and also from ~e Lusaka Process since our immediate interest of defeating the ADF
bas been achieved. I may recommend that the UPDF rernains on the' West.cm slopes of the
Rwenzori Mountains to mop up the remnants of ADF pending the deployment of the UN
forces. We shall. then, await the developments in the region with freed bands. lfthe World
community does not take care of our security interests, then we reserve the right to defend
ourselves.
Finally, I have to mention. that we could not help wondering about the nature of these
··experts". Experts in what? The experts you need in this regi.on are people with enougb
experience in combating genocide; in fighting for demoçracy in primi~ve conditions; experts
in Libcration wars - not merely accountants from New York. In the past, when it was
116
URAnnexSS
S/2001/45!1
necessary to find a med.iator for the Burundi Peace process we. ~t, insisted on Mwalimu
Nyerere and when he died., we insisted on President Mandela because of their knowledge of
the anti-Colonial struggle and struggle for democracy in the conditions of the rcgion. A
jamboree of "mediators" from. different backgrounds would not have helped us in this
situation. The Peace Process in Burundi moved this far because of this careful and correct
decision. Understanding the problem of Congo and the region needs these types of experts -
not just technocrats accustomed to working in air-oenditioned rooms.
signed by:
Yoweri Kaguta Museveni
26 April, 2001
URAnne:x:55
87
URAnnex56
, URANNEX56
THE sECRETA~~-GENe:RAr
. .
'
4 May 20Ôll
.· ·.
.... .
~celleney, ' 1 : ' • 1
! 1
: : 1
, . Your spcbi~I envoy, 1'ho Honourable Amama Mbabazi,:luss
explaincd to Ill$ thblcircumstmccs under whkh U ganda annour!ced its
willidrawal fro*1 t~,~ Luaaka Peaoe Proccss. . ;
At this Jhtrd•!ularly sensiti.ve and dcllcatc stage in the D1tte Peace
Proccss, I bclieyc; it îs crucial that Uganda and ail the nther signatorles to the
L~ Agreem.eod 1rtay full y eriga.gcd with the international cortununity and
tbe:'QJnited Nati~s!in particulBI, as togothor we soek tn. consoliè* the
rec~t positive tro11f1~ in the DRC.
I am contldèot ofyow•commitment to th.o eenNh for pea.pc in the
D~C. In this regar~, I wlsh to ~ncomage y~u to eon~iuo with the
withdrnwal ofUg1111>lan troop:3 m the contoxt of the disongagemiuit prooess.
1
I am sur~ ytju Will a-gri:c with me that the prese,1t momer1tum towarda
~ in DRC must\·~e sustaino~ and exploited to the full. ln .thiei'.régard
l knpw I ca.n count ,, your cootinued Msistance and g11od will.
' . '
Pleasc acttP.t) Excelle1oey, tlu, a.ssut·ances of my highest
coru,idttfatioo.
1.
1 '
His axcellency
Mr. î oweri KagutEi ~,1~1seveni
Pres~ ·' ent of the ~Ülfüc of.U~auda and
Mi st,:r for Def4nce ·
Kam al!l
., i " K.c,fl A. Aim4' n
: -
1
1
1
THE: SE:CRETA~Y-GE:N E~A~
i :
4 May 2001
1 ï . 1
f.°°llancy, ~ · · . i
't I woulçi! · ·c to oxtend to you my hoartfolt c;ongratuh.tions and boet
\{iiab.es on yo'Ur b-olection as President of the Republic otU ganda.
' ; 1 • •
' Under yo 1f leadorslûp and guidonoe, Uganda has m1ide remarkable
·$ides in ecq~o · o and social devolopmont and haB enjoybd political
~üity in a~ n beset by tension and oonflict. Y au ha\le oontnmod to
-dlake a vital oo )ribution to the eoaroh for a nogotiated a~tlement of fhc
<#nflict in B . ~di and the prospects for peaoo in tha.t cotktry ha~
ii«iprovcd in te ~nt monthe. I also take this oppammity te; pmise yom
~tment ta fhe implementation of the LusaJoe peace a1;reemeat
,,,. :
i I would ~!ke to reassure you oftho oontinued coop,lratian and
$iinancè ofth,IUnited Nations.ta tho ongoing searob fof a.
c~mprehen&Î\l'e li.nd tastirlg peace in the Great Lalces regiô~.
Il 1· :, Ploasc accept ;ExcellencY., the assurainces ofmy higheet coruridaraiion.
i !
i
•
' C
f
1 ! 1 . 1
. ~~ellen·~i F;e .
. Yoweri uta M1:11:1evoni
cridcn~ of epublic ofUganda ond
M.înistcr fl t l efence
11pala
URAnnex56
Koflc-A. Annan
URAnnex57
•
United Nations
Security Council
URANNEX57
S120011461
Distr.: General
9 May 2001
Original: English
Letter dated 8 May 2001 from the Chargé d'affaires a.i. of the
Permanent Mission ofUganda to the United Nations addressed
to the President of the Security Council
I have the honour to forward to the Council a statemeot dated 7 May 2001 by
the First Deputy Prime Minister/Minister for Foreign Affairs conceming Ugaoda's
withdrawal of its forces from the Democratic Republic of the Congo.
I should be grateful if you could bring this statement to the attention of the
members and have it circulated as a document of the Security Council.
(Signed) Fred Beyendeza
Minister Counsellor/
Chargé d'affaires a.i.
01-36672 (E) 090501
I IIW llll 11111111 116 IUI ~E 1111
S/2001/461
2
Annex to the letter dated 8 May 2001 from the Chargé d'affaires
a.i. of the Permanent Mission of Uganda to the United Nations
addressed to the President of the Security Council
Statement dated 7 May 2001 by the First Deputy Prime
Minister/Minister for Foreign Affairs on Uganda 's troop
withdrawal from the Democratic Republic of the Congo
The Cabinet met on 7 May 2001 to review recent developments in the conflict
in the Democratic Republic of the Congo. The Cabinet was briefed in detail by
H.E. President Yoweri Kaguta Museveni on these recent developments.
After careful consideration of the matter, as well as recommendations received
from the relevant organs of Government and having noted the contents of the letter
addressed to H.E. the President from the Secretary-General of the United Nations,
the Cabinet has decided as follows:
l . Uganda will completely witbdraw its forces back home from the
following positions in the Democratic Republic of the Congo:
(i) Nasankusu;
(ii) Dongo;
(iii) Gemena;
(iv) Gbadolite;
(v) Lisala;
(vi) Bafasende;
(vii) Isiro;
(viii) Butembo;
(ix) Beni;
(x) Kanyabayonga.
2. The Govemment will continue to examine the wisdom of maintaining a
presence in Buta and Bunia.
3. Uganda will maintain deployment on the western s lopes of the Rwenzori
mountains until Uganda's security interests have been addressed in accordance with
the Lusaka Peace Agreement
4. The Govemment has decided that Uganda remains a party to the Lusaka
Peace Agreement and arrangements under it, the full implementation of which
remains the only viable solution to the crisis in the Democratic Republic of the
Congo.
5. The Govemment of Uganda will propose that ail members of the East
African Community and the Southern African Development Community become
active players in the implementation of the Lusaka Peace Agreement.
UR Annex 57
6. The Government of Uganda calls upon ail concerned parties to
implernent the Lusaka Peace Agreement without any further delay. However, the
Government of Uganda reserves the right to withdraw unilaterally from the
Democratic Republic of the Congo and the Lusaka Peace Agreement if it continues
to be dissatisfied with the apparent lack of political will to bring peace to the
Democratic Republic of the Congo and the region by implementing the Lusaka
Peace Agreement faithfully and promptly as originally envisaged.
(Signed) Eriya Kategaya
First Deputy-Prime Minister/
Minister for Foreign Affairs
S/2001/461
3
URAnnex57
URAnnex58
Excerpted testimony of
Hon. Bernadette K. Bigirwa
before the Porter Commission
19 July 2001
Part A
URANNEX58
I'
URAnnex58
19/07/01 (1)
Justice D. Porter:
The commission has a very long name and we have, for convenience on our
letterheads, shortened it to the Judicial Commission of lnquiry lnto Allegations of lllegal
Exploitation in the DRC; which is still rather extended. No doubt in due course you will
hear us refer to it as the Congo Commission.
This commission was established by the Ministry of Foreign Affairs by Legal Notice of
the 23n1 of May, 2001. The Commissioners were sworn in on the 4th of June, 2001, and it
was not until the beginning of last week that we were able to get into our offices; and we
have been preparing those offices, recruiting the secretariat, reading source materials
such as the UN Panel Report, familiarizing ourselves with the ground to be covered and
summoning the necessary witnesses.
The commission arises from a UN Panel Report submitted to the Secretary General of
the United Nations at the request of the UN Security Council. The report alleges that
there has been illegal exploitation of natural resources and other forms of wealth in the
Democratic Republic of Congo and that the government of Uganda, amongst others,
was involved. The United Nations Security Council has urged governments mentioned in
the report to conduct their own enquiries, and this Uganda was already about to do,
hence this commission. The Commissioners appointed are:
On my right, Justice Joseph P. Berko, a very experienced Ghanaian judge since 1976
and now Justice of the Court of Appeal in Uganda.
And on my left, Mr. John G. Rwambuya, a Ugandan who is now retired UN Senior
Official. He was seconded to the UN in 1966 working mostly in New York.
1 myself have been a High Court Judge in Kenya from 1982 and then in Uganda,
although now I have retired as a judge and conduct legal consultancies and arbitrations.
Mr. Shonubi of the firm of Shonubi, Musoke and Company Advocates, is our Lead
Counsel to be ably assisted by Dr. Henry Onoria, who will particularly assist us on
International Law, and Mr. Vincent Wagona, a Senior State Attorney from the Office of
the Director of Public Prosecutions.
Our Secretary is Mr. Bisereko Kyomuhendo, a Principal State Attorney from the Ministry
of Justice and Constitutional Affairs.
1
URAnnex58
19/07/01 (1)
Our terms of reference, briefly put, are to inquire into the allegations of illegal exploitation
from the DRC and, if we find they exist, whether the Government of Uganda was
involved, whether His Excellency the President and his family were involved and
whether top-ranking UPDF officers and other Ugandan individuals were involved.
The hearings of the Commission will be public; evidence will be given on oath. We shall
adhere as much as possible ta the Evidence Act although we are empowered ta make
our own rules. Parties who wish may be represented by advocates before us at their
own· expense.
We have asked the Ministry of Foreign Affairs to communicate with, and request
assistance from, the UN Panel of Experts who wrote the report particularly with regard to
documents in their possession and details of the witnesses upon whose evidence the
Panel relied.
We look on our task as one of inquiry and investigation rather than that of prosecution or
defence of anyone who cornes before us. We hope that the rather senior and very busy
politicians and officers of the UPDF will nevertheless find time to cooperate with this
commission.
We have lel?S than three months to complete this very wide investigation and we do not
wish to waste any time in carrying out the task which we have been set - in
adjournments. Therefore, Lead Counsel, if you could now cati the first witness please.
Lead Counsel:
Thank you very much Mr. Chairman. Our first witness is Mrs. Bernadette Bigirwa who
will be sworn in.
Bernadette K. Bigirwa:
1, Bernadette Bigirwa, swear that the evidence I shall give before this commission shall
be the truth, the whole truth and nothing but the truth. So help me God.
Justice D. Porter:
We are going ta refer ta this witness as PW1/1. ls that right?
Lead Counsel:
Yes, My Lord. 1 thought we would put C1/1 instead of P. This representing the
Commission.
2
URAnnex58
19/07/01 (1)
Justice D. Porter:
Oh yes. CW.
Lead Counsel:
Yes, My Lord.
Justice D. Porter:
Vou are quite right. So easy to do that. Ali right, carry on.
Lead Counsel:
Permission, My Lord, for the witness to give her testimony sitting down please.
Lead Counsel:
Mrs. Bigirwa, can you give the Commission your full names please?
Bernadette K. Bigirwa:
My Lord, my names are Bernadette Kyomugisha Bigirwa. (Spells her name for the
Commission).
Lead Counsel:
And can you tell the Commission your age?
Bernadette K. Bigirwa:
My Lord, 1 am forty-three {43) years old.
Lead Counsel:
Your marital status?
Bernadette K. Biglrwa:
1 am married
Lead Counsel:
Where do you reside, Mrs. Bigirwa?
Bernadette K. Bigirwa:
Currently I reside in Bugolobi.
Lead Counsel:
3
URAnnex58
19/07/01 (1)
Can you be more specific, where exactly - on which road and which plot number?
Bernadette K. Bigirwa:
1 live in the fiats, Bugolobi fiats.
Lead Counsel:
And what is your present occupation?
Bernadette K. Bigirwa:
My Lord, currently I am a Member of Parliament representing Bushenyi District. 1 am a
woman representative.
Lead Counsel:
Now, Mrs. Bigirwa, the reason why we summoned you here pertains, as you have heard,
to the terms of reference of the Commission; sa we would like you ta focus your mind on
the period around 1990. Can you tell us what you were doing in the year 1990, what was
your occupation at that time?
Bernadette K. Bigirwa:
1990, 1 was a District Administrator in Rukungiri District.
Lead Counsel:
And for how long did you hold that job in Rukungiri District?
Bernadette K. Bigirwa:
For approximately four (4) years.
Lead Counsel:
Can you tell this Court the general nature of your duties during that time?
Bernadette K. Bigirwa:
As a District Administrator my job had no boundaries, but most of the things that I was
doing .. .. Actually the major occupation was mobilization - mobilization of the masses for
political awareness, for development and, of course, being a District Administrator, 1 was
representing the President in that district, 1 was also charged with security - 1 was
actually the Chairperson of the Security Committee in the district.
Lead Counsel:
4
URAnnex58
Excerpted testimony of
Hon. Bernadette K. Bigirwa
before the Porter Commission
19 July 2001
PartB
URAnnex58
19/07 /01 (2)
They had alleged that the five people were NRA soldiers now turned UPDF, but these
people were just robbers, thugs, as I had mentioned - that is the biggest problem we
used to have, and they had been arrested and they were due to appear in Court. But 1
cannot recall really what happened after that definitely. But they were arrested; they
were supposed to appear before the Court.
Lead Counsel:
You stated here that none was an active member of NRA. Had any of them ever been in
the NRA? Was there a reason for using those words, "active member"?
Bernadette K. Blglrwa:
1 do not know the persan who took down the notes why he did put it like that, but I did
mention that they were not NRA soldiers. They were just simply thugs.
Lead Counsel:
Now you also requested for more information on these allegations. Was any information
forthcoming after this meeting?
Bernadette K. Bigirwa:
Yes. They did give us information on the areas where they thought Uganda was
harbouring the PLC rebels, and I invited the Consular General for us to go and visit
those areas. So, actually, we went and we did not find the camps they were talking
about.
Lead Counsel:
Also, on the same document, you asked about the presence of two Ugandans who had
been arrested allegedly because they were PLC rebels. Was there any information
forthcoming about them either at that meeting or after that meeting?
Bernadette K. Bigirwa:
1 cannot recall.
Lead Counsel:
1 will take you to page 7 which is marked as 45 of the same report. Now what we would
like to know, apparently there seemed to have been some trade between the two
districts. What was the nature of that trade? You mentioned here six hundred and fifty
(650) entry points.
URAnnex58
2
Bernadette K. Bigirwa:
Actually this was in Bundibugyo.
Lead Counsel:
lt was in Bundibugyo.
Bernadette K. Bigirwa:
19/07/01 (2)
For us we had . .. , the main entry point in Kasese was and is still Kasindi. But of course
there were 'panya' routes in the mountains, but those mainly were not used for big
trade. But you see in Kasese on the borderline, you find some families at this side, they
have relatives on the other side. So, there are many panya' routes along the way, along
the border.
Lead Counsel:
Now again, since you were in Kasese, what was the nature of the trade? What goods
were being traded back and forth across that border?
Bernadette K. Bigirwa:
Mainly from Uganda, there was this soap from Mukwano, sait, cassava flour, fish - fish
was actually one of the biggest commodities, mainly foodstuffs.
Lead Counsel:
And, from the Congo side, what goods were being traded?
Bernadette K. Bigirwa:
From the?
Lead Counsel:
From Zaire side at the time.
Bernadette K. Blgirwa:
From the Congo side,· general marchandise like 'Bitenge', clothes - both for men,
children and women; that is mainly what I used to see.
Lead Counsel:
Was there, to your knowledge, any trade in timber?
Bernadette K. Bigirwa:
VRAnnexS8
3
19/07/01 (2)
1 used to see some trucks of timber this . . . • but mainly I would see Customs officiais.
Maybe they could be able to explain that one better because 1, definitely I would not
interfere to go and find out whether there were papers or that kind of thing. But I used to
see some lorries with timber, yeah.
Lead Counsel:
Was there, to your knowledge, any trade in minerais such as gold or diamonds?
\
Bernadette K. Bigirwa:
1 do not know, really. 1 cannot tell because I think with minerais they do not carry them
obviously so that you can see them; but with timber, at least, 1 used to see the trucks.
But with diamonds or gold I cannot say that I used to see any of such trade if it existed at
all.
Lead Counsel:
So, among the trade disputes that were raised in these meetings, nobody ever
mentioned those minerais?
Bernadette K. Bigirwa:
No. Actually the biggest problem that used to came to our offices was mainly nonpayment
of goods and mainly by the Zairean (at that time) soldiers. And as a result of
that, what we decided ta do, we decided to shift the market from their side of the border
to our side - to Kasindi. lnitîally there was no market on Kasindi side but during my term
of office when I was District Administrator Kasese, with the help of the traders, we
decided not to take any goods to Zaïre for about one month. 1 asked them to cooperate
sa that we can be able to find a lasting solution ta the problem of non-payment and
looting of the goods of the Ugandan traders by the Zairean soldiers - the DRC soldiers.
Sa when two weeks passed without any good crossing to the other side of the border
they requested for a meeting; and we held a meeting and we decided to hold alternate
markets - one on Uganda side, 1 do not recall the days. So now we carried out alternate
markets, one on the Kasindi side and one on their side. So eventually what happened (1
do not know whether it is still going on up ta now), our traders would only carry few
goods on their side when it is time for their market and they would only have the bulk of
the goods when it is on the Ugandan side. And that way it stopped the problem of looting
their goods and maybe looting their money on the way back to the Uganda side.
4
URAnnexS8
URAnnex59
Excerpted testimony of
Hon. Stephen Kavuma
before the Porter Commission
20 July 2001
Part A
URANNEX59
20/7/01 (3)
Lead Counsel:
We have today our second witness, who I think in the reference should be witness
CWOl/02. He is Mr. Stephen Kavuma, former Minister of Defence. It's Commission
witness 01 /02, and he is a former Minister of State for Defence, Stephen Kavuma.
Justice J.P. Berko:
CWOl /02.
Lead Counsel:
CWOI/02, My Lord.
Mr. Kavuma:
I, Stephen B. K. Kavuma, solemnly swear that the evidence I sball give about the matters
before this Commission shall be the truth, the whole truth, and nothing but the truth. So
help me God.
Justice D. Porter:
Thank you. Please, sit down white giving your evidence.
What was the second name, I didn't get it?
Mr.Kavuma:
Stephen Kavuma
Lead Counsel:
Your middle name.
Mr. Kavuma:
B.K. These were initials. B.K.
Justice D. Porter:
B.K.
Yes.
Lead Counsel:
-
Yes, Mr. Kavurna, can you give the Commission, your full names please?
Mr. Kavuma:
My Lords, my full narnes are Stephen B. K. Kavuma.
Lead Counsel:
And what is your age?
1 URA.nnex59
Mr. Kavuma:
I am a protestant.
Lead Counsel:
Okay, I think I referred to your age at the moment.
Justice D. Porter:
I thought you asked the religion too. That's what I heard.
Lead Counsel:
20/7/01 (3)
I think there is something wrong with the microphone. I think I am at your age at the
moment.
Lead Counsel:
Can you tell the Commission your age please?
Mr. Kavuma:
53, My Lords.
Justice D. Porter:
Yes.
Lead Couosel:
And where do you reside?
Mr. Kavuma:
I reside at a village called Kakoola, in Mutungo parish, Makindye Sabagabo, in Wakiso
District.
Justice D. Porter:
Wakiso.
Mr.Kavuma:
Wakiso District.
Justice D. Porter:
That's near Mpigi?
Mr. Kavuma:
Yah. It was fonnerly part of Mpigi, now it's Wakiso.
Lead Counsel:
And can you tell the Commission your present occupation?
URAnnex59 2
Mr. Kavuma:
l'm an advocate. I am also interested in politics.
Justice D. Porter:
Interested in politics, he said.
Mr. Kavuma:
I am a politician, My Lords.
Lead Counsel:
20/7/01 (3)
Now Mr. Kavuma, the Commission is interested during, about the period when you were
a Minister for State, My Lords, I am leading him to the ... okay.
Can you kindly tell us ifyou have ever held, any position?
Justice J.P. Berko:
Youjust say you are a former Min:ister ofState for Defence, is that all?
Lead Counsel:
You are a former Minister of State for Defence or you are not?
Mr. Kavuma:
That's right, My Lords.
Lead Counsel:
And when did you take up this position?
Mr. Kavurna:
It was towards the end of 1998, about November, My Lords.
Lead Counsel:
And when did you cease to hold this position?
Mr. Kavuma:
Few days back.
Justice J.P. Berko:
You said towards the end of?
Mr. Kavuma:
November, My Lords 1998, until a few days back when there was a Cabinet resbuflle.
Lead Counsel:
Can you tell this Commission what your duties were, when you were appointed?
3 URAnoe:x:59
20/7/01 (3)
Justice J.P. Berko:
That one, your security concem, that is for the purpose of these, your study and then your
border. That one we agree. But you were also saying that Mobutu was losing control
and therefore you were interested in having a stable government there.
Mr. Kavuma:
And therefore we had moral support to whoever was engaged in re-establishing the ...... .
Justice D. Porter:
Can we turn this the other way round? When the UPDF went into the Congo, to deal with
this security problem, they must have had some limits. You don't go further than so and
so. I can't believe that Uganda would send armed troops into another country without
some sort of limit. So, what was the limit?
Mr. Kavuma:
My Lords, when the troops went to the Congo, they were primarily interested in
controlling the areas from where trouble was emanating to corne to Uganda. And these
were close to our borders. But then the situation kept on developing, where information
was coming in, as to the possibility of other sources of trouble, further from the border
could cause problems to this country. My Lords, communication is a matter of great
difficulty in this part of the DRC, but tbere are many airfields scattered ail over the place,
and information kept coming, that forces that were troubling Uganda were intending to
use these airfields, to prosecute their intentions against this country, so troops kept
moving further and further from their original positions, near the borders with Uganda.
Justice D. Porter:
So, there was no limit?
Mr. Kavuma:
My Lords, I think the limit was now being determined by the areas where assessment had
been made that. ....
Justice D. Porter:
By the troops on the ground? By the senior commanders on the ground?
URAnnex 59 17
20/7/01 (3)
Mr. Kavuma:
By the security system, My Lords, that more areas further from the border positions from
where the troops originally were, had become potential threats to this country, and in
some cases actual threats to this country.
Justice D. Porter:
Meanwhile, what reports had been made to the United Nations and the Security Council,
as to the actions ofUganda?
Mr. Kavuma:
Reports made to the Security Council?
Justice D. Porter:
Yes. You can't just stay wandering in somebody's country, you know why it is a
problem, and somebody has to deal with it, and you can't do that under the articles of
which Uganda's cemetery reporters require to the United Nations of the situation.
Mr. Kavuma:
Yes, My Lords, speaking for the Ministry of Defence, I would say we would make
available information, about our presence in the Congo, ......... .
Justice D. Porter:
Make available to a specific report is required.
Mr. Kavuma:
Yes, My Lords.
Justice J.P. Berko:
There is Article 51 of UN charter ......... .
Justice D. Porter:
It is 58?
Justice J.P. Berko:
Y ou enter and then you report your presence there to the Security Council. Did you do
that immediately after your arrivai?
Mr. Kavuma:
I would need to refresh my memory, My Lords, from the records at the Ministry of
Defence, which I said earlier I now have limited access to. But what I was saying My
18 URAnnex59
Excerpted testimony of
Hon. Stephen Kavuma
before the Porter Commission
20 July 2001
Part B
URAnnexS9
Justice D. Porter:
Were they as difficult as we have been or did they just take your answers?
Mr. Kavuma:
They did ask questions, My Lord, and I answered them.
Justice J. P. Berko:
Did they ask any question relating to the conduct of your officers in DRC?
Mr. Kavuma:
Yes. They did ask questions about the conduct. Yes, My, Lord.
Justice J. P. Berko:
Like what? Can you tell us the conduct they were concemed with?
Mr. Kavuma:
20ll/01 (4)
They were asking to see whether it was true that our soldiers of the UPDF engaged in
expropriation, rather in using natural resources from the Congo.
Justice J. P. Berko:
And what did you tell them?
Mr. Kavuma:
1 did inform them, My Lords, that ...
Justice J. P. Berko:
That ....
Mr. Kavuma:
That our soldiers, our army, was under very strict instructions not to engage in business
or exploitation of resources from the DRC. The Commander-in-Chief had given these
instructions, very firm instructions, right at the outset of the UPDF's going to Congo and
those instructions were being adhered to; and the government and the army were ready,
willing and able to take very, very stem action against anybody who would be found
infringing those instructions.
Justice J. P. Berko:
6
URAnnex59
20/7/01 (4)
Did they mention, specifically, certain names to you? Officers? Did they mention specific
names to you that we have information that Mr. So-and-so, or Brigadier So-and-so, or
Colonel So-and-so is doing this? Did they mention such names to you?
Mr. Kavuma:
To the best of what I can remember, they asked us whether some officers would be
appearing before them. They asked about Brigadier Kazini and I think they also asked
about Maj. Gen. Salim Saleh, and I and the Army Commander assured them that if they
wanted these officers they could ask them to corne and they interview them. 1 do not
remember the others.
Lead Counsel:
If you could look at that paragraph 28, could you ... ?
Mr. Kavuma:
Twenty-eight {28)?
Lead Counsel:
Twenty-eight (28). If you could read just the first sentence please?
Justice D. Porter:
Para. what?
Lead Counsel:
Paragraph 28, My Lord.
Justice D. Porter:
Of the Agreement?
Lead Counsel:
Of the UN Experts Report.
Mr. Kavuma:
"Concern has a/so been ... '?
Lead Counsel:
'There are strong indications ... ", 1 believe.
URAnnex59
7
Justice D. Porter:
Oh, of the report.
Lead Counsel:
Of the report.
Mr. Kavuma:
ls this the paragraph starting, "Concem ... "?
Lead Counsel:
No.
Mr. Kavuma:
Maybe I have a different ....
Lead Counsel:
1 think you have a different one. Let us show you.
Justice D. Porter:
Twenty-eight (28)?
''There are strong indications ... ·~
Lead Counsel:
Just the first sentence, please, if you could read it aloud?
Mr. Kavuma:
The last sentence?
Lead Counsel:
The first sentence.
Mr. Kavuma:
The first?
20/7/01 (4)
''There are strong indications that if security and poutical reasons were the professed
routes of the political leaders' motivation to move into the Eastern Democratic Republic
of Congo, some top army officiais clearfy had a hidden agenda: economic and financial
objectives".
8
URAonex59
20/7/01 (4)
Lead Counsel:
Right. So you have already told us the reason for going in, but you can see here what is
being alleged is that there were other motives especially by the top army officiais. With
the benefit of hindsight, would you say that statement is correct?
Mr. Kavuma:
1 cannot say it is correct because it is .... 1 think it is ma king the, especially in the last
part of the sentence, it is making what impression the Committee might have formed.
But for certain I know, as political leaders, our mission was about our security concerns,
nothing more nothing less.
Lead Counsel:
Okay.
Mr. Kavuma:
That is why strict instructions were given, as I said, to avoid anybody diverting from that
mission which we had - to ensure the security of our country.
Justice D. Porter:
But the danger of it happening was known?
Mr. Kavuma:
Sarry?
Justice O. Porter:
The danger of this sort of thing happening was known, and that is why the instruction
was given? The danger of people getting involved in business in the Congo - army
people.
Mr. Kavuma:
1 think yes, My Lord. You could foresee that somebody could get tempted and hence the
need to guide the army in very, very strict.terms.
Lead Counsel:
So the instructions were that the UPDF soldiers should not be engaged, should not
engage in business. ls that correct?
9
URAnnex59
2on101 (4)
Mr. Kavuma:
Yes. UPDF and even other civiliari officers - government officiais, should not get
involved in business in the DRC, in the Congo.
Lead Counsel:
Was this ever put in writing?
Mr. Kavuma:
Yes. lt was reduced into writing; it was a written instruction.
Lead Counsel:
From who?
Mr. Kavuma:
From His Excellency the President and Commander-in-Chief of the UPDF.
Lead Counsel:
Do you recall the date of that?
Mr. Kavuma:
1 would not be precise on that, but I know it was at the beginning of the Congo
operations inside the DRC.
Lead Counsel:
Can you have a look at this document and see whether it is the document you have in
mind?
Mr. Kavuma:
Yes?
Lead Counsel:
My Lords, for clarification, the witness is looking at a document dated the 1 Olh of
December, 1998: "Radio Message from His Excel/ency the President".
Justice J. P. Berko:
101h?
Lead Counsel:
10
URAnnexS9
Excerpted testimony of
Hon. Stephen Kavuma
before the Porter Commission
20 July 2001
Parte
URAnnexS9
20/7/01 (5)
This is not authoritative but it is here to help us and perhaps, looking at it, you can be
reminded of what was going on.
Mr. Kavuma:
Thank you very much, My Lord. Yes, My Lord, 1 can see Bumba is here, . ...
Justice D. Porter:
And it is shown as a town which MLC Bemba and Uganda were occupying.
Mr. Kavuma:
Yes, My Lord.
Justice O. Porter:
Because it is in that green colour.
Mr. Kavuma:
Yes, 1 have seen those. My Lord. So yes, My Lords. we were in Bumba, lsala, Gemena,
Buta. lsiro, Bondo, Gbadolite. at one time we were in Kisangani but I think at the time of
making this we had left Kisangani.
Justice D. Porter:
Yes, that is right. 1 think we worked out that Gbadolite was actually 1500 km from the
Uganda border; and we were surprised that the UPDF would be there!
Mr. Kavuma:
No, 1 am not surprised, My Lord, because we continued, as I said earlier, we continued
receiving reports of possible attacks from airports and airfields from all these other
places. Gbadolite has a very, very big airfield with a long runway, it can be used by very
sophisticated and big fighter planes. We could not take chances so we had to occupy it
to preempt that likely development. And of course. My Lords, flying 1000 km is not (is no
longer) a very difflcult thing these days. So in terms of proximity, Buta, in terms of
modern warfare, rather Gbadolite. in terms of modern warfare, could be as close as
anything near to our border.
Justice O. Porter:
Right. Yes. Mr. Shonubi, you were going to turn to another subject?
Lead Counsel:
URAnnex59
s
20/7/01 (5)
that trader got an opportunity to corne back on a plane where there was room for him to
put his gunny bags so that he can corne and collect more beans, ....
Justice D. Porter:
Yeah, 1 am not talking about gunny bags, you know I am not!
Mr. Kavuma:
1 am sorry, My Lord. 1 was thinking, because we were talking about ....
Justice D. Porter:
1 am talking about timber, 1 am taking about gold, 1 am talking about coltan, 1 am talking
about columnbite, 1 am taking about cassiterite, 1 am talking about all sorts of stuff.
Mr. Kavuma:
No, My Lord. Certainly not, not that. Not that. 1 was interested ln consumer .. ..
Justice D. Porter:
Okay. So if we discover that people were using the military airport for import of things
like that, that would be illegal?
Mr. Kavuma:
lt would be contrary to my Instructions.
Justice D. Porter:
' lt would be illegal, it would be totally wrong. Right? And il could not happen without the
assistance of the military?
Mr. Kavuma:
My lord, it would be contrary to what I was talking about here ....
Justice D. Porter:
Absolutely.
Mr. Kavuma:
And I am sure th ose responsible ....
Justice D. Porter:
URAnnex59
19
20/7/01 (5)
And it could not happen without the assistance of military officers of the UPDF. lt could
net happen because it is a military mission, and because the planes would have been
rented by Ministry of Defence?
Mr. Kavuma:
Yes, My Lord. lt is possible that an individual soldier could go out of instructions, and 1
am saying that kind of person should be held responsible for whatever irregularities or
crimes he committed.
Justice D. Porter:
Right. Yes.
Mr. Kavuma:
But Defence, as an institution, dld not authorize the carrying of gold, carrying of coltan,
carrying of dlamonds, sijuyi nini, to .... We were concerned with the carrying of supplies
of consumer goods.
Justice D. Porter:
Yes, 1 understand. 1 understand Ministry of Defence's position but I just wanted to go a
little bit farther and establish that unless the military had said yes, nobody could use
these planes for importing goods from the Congo to the military airbase?
Mr. Kavuma:
My Lord, 1 entirely agree with you that if this happened, then somebody individually must
be to blame and he should answer for it.
Justice D. Porter:
Yes. Right. That follows, yes. Yeah. Right. Yes?
Lead Counsel:
New your statement, or the statement attributed to you there, shows that you were
actually allowing Congolese businessmen to fly on flights which probably had military
hardware (or logistics as you calf it) to the Congo. Now I am assuming that wherever that
plane landed there would have been UPDF troops there to off-load the logistics. Am 1
correct on that?
Mr. Kavuma:
20
URAonexS9
20/7/01 (5)
Yes. UPDF would be represented, yes.
Lead Counsel:
Now that would mean you therefore, have businessmen interacting with soldiers
(because they are appearing at the same airport and they are moving together)?
Do you not think that this would encourage the soldiers to try and engage in business, or
the businessmen to take advantage of the soldiers and do business - or in furthering
their buslnesses?
Mr. Kavuma:
Yeah. 1 think this has to be looked at ... , really the situation obtaining in the Congo. Here
is a population, a huge population, lacking consumer goods. You are faced wîth saying:
no consumer goods on our aircrafts which are on military missions. The risk you are
posing to the population, 1 think, outweighs the risk you are talking about. 1 would be
more interested in seeing that if I get somebody who is infringing the regulations I would
deal with them in accordance with the law; but I would not put at risk the lives of men,
women and children in tens of thousands.
Lead Counsel:
Now ....
Mr. Kavuma:
ln millions, actually.
Lead Counsel:
Now these businessmen would obviously need to corne back having delivered the goods
you are talking about. ls that not correct? Were they using the same - the planes - to be
able to corne back?
Mr. Kavuma:
1 would not know the minute details of how these businessmen were moving ....
Lead Counsel:
Well, you already put in a statement that you were allowing thern to use your planes to
fly out!
Mr. Kavuma:
21
URAnnex 59
20/7/01 (5)
Yeah. But that does
Lead Counsel:
So how did they return? Were they ailowed to return?
Mr. Kavuma:
With ail due respect, that does not mean that I know who goes on which and who cornes
back. Supposing he goes and he wants six months to seil his goods, 1 am really not
going ta poke my nase in ail these minute details.
Lead Counsel:
No. Ali we are asking is that these planes were in your charge, and when I say in your
charge I mean the Ministry of Defence, and you have confirmed the statement where
you allowed the businessmen to go to take goods. Okay? So the outward journey we
have catered for. Now the inward journey back ta Entebbe, surely you know what, who
you had on the plane?
Mr. Kavuma:
1 am sure those dealing with the daily routine of operations would have these details.
They are regulated by ....
Justice O. Porter:
Weil, let us put this another way. The UN Panel Report says that their information was
that businessmen of various nationalities (but Congolese for the moment) were traveling
back on aeroplanes landing at the military airbase. That is what it says.
Mr. Kavuma:
That is possible, My Lord.
Justice O. Porter:
That is, 1 think, ail Mr. Shonubi is asking. Yeah.
Mr. Kavuma:
1 thought you wanted me to say which businessman was going where and what.
Lead Counsel:
No.
URAnnex59
22
20/7/01 (5)
Justice D. Porter:
Well, if you listen ta his question and answer it you will find it is easier than going round
the corner.
Yes, Mr. Shonubi?
Lead Counsel:
So all I am asking, now that these businessmen were going back and forth on your
planes, what measures did you put in place to see that they did not corne back with
goods like timber, coltan, diamonds, gold? Sorne of these goods are very large, 1 mean,
they are easy ta detect, but when I talk about other smaller goods like diamonds, what
measures were in place to see that this was not abused?
Mr. Kavuma:
Yes. First, the instructions which we gave. Secondly, at each point there are officiais
charged with the responsibility of making sure that whatever is being done is done in
accordance with the law and instructions, and those were in place except in
circumstances where we found because of ....
Justice J. P. Berko:
You see, Mr. Kavuma, our worry is that military aircraft are supposed to carry military
wares. Now if you have opened up yourself whereby military aircraft will carry posho,
beans, maize; what stops military aircraft from carrying gold or cobalt or timber, what
stops it?
Mr. Kavuma:
My Lord, it is a difficult situation where transport means are very, very scarce and
difficult to came by, where you have millions of people who need consumer goods for
livelihood, and then you have ta take a decision as ta whether to allow them to access
those goods running a risk of operating not in the usually-normal way. Or you say, look
these are the instructions: this and this should happen, this and this should not happen,
and that was done by govemment; then you put in place people to administer the
scheme, who are supposed to follow the law and the instructions. And I think, in those
circumstances, one would have done what one would have been expected ta do in those
very difficult circumstances. This is all l am saying, My Lord. But there was no ....
Justice D. Porter:
23
URAnnex59
20/7/01 (5)
ln regard to military airbase, these would be your people? Ministry of Defence people
would be in charge of sorting this problem out and making the scheme work?
Mr. Kavuma:
At the airbase?
Justice D. Porter:
Yes.
Mr. Kavuma:
Yeah. There would be Ministry of Defence and UPDF people there, but they were never
allowed to trade in gold, to trade in ... and carry them by these means.
Justice J. P. Berko:
No, because by your statement you have sanctioned, or you have made it possible, you
see. By that way you have made it possible for unauthorized goods to pass through the
military base!
Mr. Kavuma:
My Lord, ....
Justice D. Porter:
For no cost to the trader, in transport, at all! None.
Mr. Kavuma:
My Lord, 1 do not know about the details of whether they were charging this or not but if 1
were faced with a situation where a Congolese soul is to die because of hunger for fear
that one sack of coffee could find its way at the airbase, 1 would save the life and soul of
the Congolese person and leave the rest to be handled in accordance with the law about
who trades illegally. 1 would not put the life of an African over and above coffee, beans,
tobacco; 1 think it would be inhumane on my part!
Justice D. Porter:
Yes, indeed. And the President supports you in his response and sa does the Ministry of
Foreign Affairs. This is a very important point that they make.
24
URAnnex59
Excerpted testimony of
Hon. Stephen Kavuma
before the Porter Commission
20 July 2001
PartD
URAnnex59
Mr. Kavuma:
My Lord, 1 talked of the inquiries which were conducted ....
Justice D. Porter:
Ves?
Mr. Kavuma:
Which are yet to be concluded.
Justice D. Porter:
Ves?
Mr. Kavuma:
20/7/01 (6)
Even in their form there was not an iota of evidence that this was the cause, as far as 1
am concemed. We have minerais here we have not exploited, why should we have
fought a war to go and trespass in other people's ... ?
Justice D. Porter:
Veah. lndeed, the President says exactly that. Ves. But can I just ask you this, (what
was I going to say) the ... ?
Mr. Kavuma:
1 admire the highest sense of imagination by the Panel in making their own conclusions.
Justice O. Porter:
1 will remember it in a minute. Vou carry on.
Lead Counsel:
1 will take you now away from that, and what will be of interest to this Commission is how
was this war being financed? Vou moved into the Congo. How were we financing our
operations in the Congo?
Mr. Kavuma:
We have been (and we are) operating within our defence budget. As you know, we have
not had a war budget, but I must say that our soldiers have made a lot of sacrifice in this
war. This explains how we have been able to get involved in it, get engaged in it up to
now without having a war budget like some other parties have done. Our soldiers have
21
URAnnex59
20/7/01 (6)
had to forfeit what one would have thought are automatic benefits to a soldier on a
mission abroad; it is a lot of hardship. A lot of cost is in the sacrifice of our army; and, 1
think, this is sometimes why it becomes difficult for people to appreciate that it can
happen that these operations could go on without bursting the National Budget, and then
they start getting in all forms of conjecture to flnd explanations.
Lead Counsel:
So are these soldiers not being ... ?
Justice O. Porter:
Sorry. 1 have just remembered what I was going to ask before. Could I just take you back
to Kisangani and Jovia?
Mr. Kavuma:
Yes, My Lord.
Justice O. Porter:
Yeu said the inquiries have not shown an iota of evidence of that. The original inquiry,
the one that was completed but was not comprehensive, who was it made by? Officers
of the army, wasn't it?
Mr. Kavuma:
Ye. Officers of the army, bath from RPA and UPDF.
Justice D. Porter:
Yes. And Jovia is the wife of Salim Saleh. ls that right?
Mr. Kavuma:
1 see Jovia Akandwanaho here.
Justice D. Porter:
Yes?
Mr. Kavuma:
1 suppose it is. This is the wife of ....
Justice D. Porter:
Yes. And in what position was Salim Saleh during all this period?
URAnnex59
22
20/7/01 (6)
Lead Counsel:
So can you kindly be slightly more specific? Which particular rebels were these?
Mr. Kavuma:
Ali these groups which were {they have been changing names here and there over
time), which were on the territory of the DRC in the Eastern part of that country, who
were destabilizing Uganda. These are the enemies I am talking about which have been
engaged by our soldiers. So here, the question of moral support is not applicable.
Lead Counsel:
Okay. Now ....
Justice J. P. Berko:
Now that . ... Sarry. We are still on the budget. Can you please refer to paragraph 68?
Justice D. Porter:
Of the Report.
Justice J. P. Berko:
Of the Report - the UN Expert's Report. And then can we have your comment on that?
Mr. Kavuma:
Well, My Lords, 1 must say I find this grossly untrue as far as I am aware, but I am not
privy to the sources of ....
Justice J. P. Berko:
Particularly I want you to comment on the fast bit ....
" .... ln the case of the former RCD/ML and MLC, not on/y was part of the taxes sent to
Kampala but also individual colonels would c/aim direct payment RCD."
Mr. Kavuma:
Yes, My Lord.
Justice J. P. Berko:
They are saying that the taxes from there were being put in the treasury?
Mr. Kavuma:
URAnnex59
33
20/7/01 (6)
1 have no information to that. Totally untrue. Taxes were a matter for the Congolese
administration. If there are individual colonels they are talking about, 1 am sure the Panel
will be in a position to identify them and then they answer for their sins. We did not
become colonial governors, Sir, to go and collect taxes from the poor Congolese for our
own use.
Justice D. Porter:
Yes?
Lead Counsel:
Okay. We will probably want your comments on some of the paragraphs apart from
th ose we have pointed out - on some of the paragraphs of the Report. So if I couf d ask
you to look at paragraph 195 of the Panel's Report.
URAnnex59
34
Excerpted testimony of
Hon. Stephen Kavurna
before the Porter Commission
20 July 2001
PartE
URAnnex59
Lead Counsel:
Are you able to look at it?
Mr. Kavuma:
1am.
Lead Counsel:
Okay.
7/20/01 (7)
Well, you can see the Panel itself is saying this is speculation, it has no evidence; 1 do
not know of what value this paragraph is.
Lead Counsel:
Okay.
Mr. Kavuma:
1 would dismiss it as one of those areas where they are engaged in their own
speculations and want the world to believe them, unfortunately.
Lead Counsel:
That is the last part. We are more interested in the first part:
'This section aims to show how presidents and other decision-makers tolerate, organize
or put in place the framework and conditions to maintain the status quo of exploitation
andwar."
So what they are alleging is that the decision-makers in the countries that are talked
about, one of which would be Uganda, have organized and want to put in place
frameworks to enable the status quo, that is, the status quo of the exploitation and of the
war to continue. That is what we are seeking your comment on.
Mr. Kavuma:
Yes. As I said, we would have wanted to be out of the Congo yesterday. lt is grossly
incorrect for this kind of allegation to be made. 1 think it is an abuse to Uganda as a
country, our army, and it should be viewed with the contempt it deserves.
1 am glad they are admitting there is no evidence, they are speculating; 1 hope they
become more serious when they investigate such serious matters. There is no way we
l
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20/7/01 (7)
could risk the lives of so many of our soldiers for the sake of going to collect an ounce or
so of alluvial gold, since there is no mining activity going on in the area anyway. Our aim
was to protect our people.
You know the Kichwamba incident, people walking from the Congo, coming to burn fifty,
eighty innocent children, locking them up in a dorrnitory and burning them! When we
address this as a problem, the attacks on Mpondwe, the attacks on Bwera, attacks in
Bwindi f orests, somebody would want to look at it as if our interest is exploitation of
resources.
1 reject that. The whole of this document is very contemptuous!
Lead Counsel:
Can you look ... ?
Mr. Kavuma:
From the little I have looked at it.
Lead Counsel:
Can you look at paragraph 45, please?
Justice J. P. Berko:
Forty-five (45)?
Lead Counsel:
Forty-five (45).
Justice D. Porter:
Did you actually want to expand on 195 and look at 201 , 2, 3, and 4, 5, 6, just before we
go to that other paragraph? 201 to 6.
Mr. Kavuma:
201?
Lead Counsel:
1 thought, My Lord, that a slightly higher authority would react to those.
Justice D. Porter:
Okay. Fair enough. Yes. What was the para. you wanted?
URAnnex59
2
Lead Counsel:
Forty-five (45), My Lord.
Justice D. Porter:
Forty-five (45).
Yes?
Mr. Kavuma:
Yes?
Lead Counsel:
Now that paragraph alleges that,
20/7/01 (7)
" ... the govemment of Uganda and that of Rwanda were aware of the situation on the
ground, including the footing of stocks from a number of factories. ln some cases /evel of
production of minerai resources would have alerted any govemment, such as those of
gold for Uganda and coltan for Rwanda, of this."
Mr. Kavuma:
Again these are sources to the Panel. 1 can only say that at no time the government of
Uganda ever participated or even supported the looting of what is being talked about
here. 1 was not aware of any massive looting of stocks as being alleged here.
The level of production, 1 want to say what I said a little earlier: 1 think the policies of
liberalization and allowing people to operate accounts - dollar accounts - with maximum
retention of whatever they get (100% retention) helped in unearthing trade that had been
going on in this commodity, but under cover for fear of govemment discovering them. Of
course people have been trading in this gold, both from within the borders of Uganda
and, for centuries, there has been cross-border trade by small, small peasants who go
and get alluvial gold and the rest of it.
Now, these figures, 1 think a lot of it has (and I am confident it is the case), has to be
explained by the economic policies which were able to stimulate trade and give
confidence to the traders that they can openly transact their business without any fear
from government. So I do not find anything strange about this.
1 would have been concemed if there was evidence of mining, gold mines, diamond -
which requires a lot of heavy equipment, which requires a lot of capital - and none of our
3
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20/7/01 (7)
soldiers has that money. We ourselves have not even operationalised our minerais here,
which we could mine. But these small things being harvested by peasants in terms of
alluvial gold, if somebody got an ounce and found a way of getting rid of it; 1 do not think
that is anything strange. After all, their ancestors have been doing this for centuries.
Lead Counsel:
Okay. Now ....
Justice O. Porter:
Sarry. Just .... 1 understand what you are saying; the problem with it is (yeah, here is the
graph, it is page 37 on my copy) is the comparison between minerai exports using gold
as an example.
Mr. Kavuma:
Thirty-seven (37)?
Justice O. Porter:
Thirty-seven (37) in there might corne to a different page.
Mr. Kavuma:
1 do not see ....
Justice D. Porter:
There is a table.
Mr. Kavuma:
Oh. There is no table on my 37.
Justice O. Porter:
Oh, it is that. He has got the one that has got two columns in it.
Lead Counsel:
ls it page 19?
Justice J. P. Berko:
ln some other copies can they see that page?
Lead Counsel:
URAnnex59
4
Excerpted testimony of
Hon. Stephen Kavuma
before the Porter Commission
23 July 2001
PartF
URAnnex 59
Justice D. Porter:
Yes, Good Momfog everybody.
Mr. John Rwambuya:
Good Moming, My Lord.
Justice J.P. Berko:
Everybody, Good Moming.
Lead Counsel:
23/7/01
My Lords, we were supposed to have Major General Jeje Odongo, who is the Army
Commander, I do not see him here. But summons were served.
Justice D. Porter:
Right, we will look at that in due course, and see what action we will take.
Is there anything we can do in the meantime?
Lead Counsel:
Yes, Mr. Kavuma has corne again and be feels there are a couple of statements be can
clarify on which he promised ...
Justice D. Porter:
Yes, thank you Mr. Kavuma.
Sorry, Mr. Kavuma, can I remind you that you are on the same oath you took the otber
day.
Mr. Kavuma:
Yes, My Lord.
Justice D. Porter:
And thank you for coming back.
Lead Counsel:
But Mr. Kavuma, when we last were here there were a number of small issues, which you
had undertaken to clarify to the Commission. I will probably take you back to the main
one. We did ask you, or you did state in your evidence that the UN did request Uganda,
at some point, to remain within the Democratic Republic of the Congo, and you said you
would bring some clarification on that.
1 URAonex59
23/7/01
About what sort of date are you talking about, Mr. Kavuma?
Mr.Kavuma:
My Lord, I wouldn't be precise on the date, but it was soon after we had announced that,
actually, we would pull out all our fore.es from the DRC.
Justice D. Porter:
You are talking about the year 2000 or before?
Mr. Kavuma:
Sarry.
Justice D. Porter:
Which year are you talking about, is it 2000?
Mr. Kavuma:
Year 2000, My Lord.
Justice D. Porter:
It is 2000
Mr. Kavuma:
Yes, My Lord.
Justice D. Porter:
Thank you, Mr. Kavuma.
Mr. Kavuma:
It is 2001, My Lords.
Justice D. Porter: -
2001?
Mr. Kavuma:
2001, it was shortly after this report from the UN experts, had corne out, I think.
Justice D. Porter:
Yes.
Lead Counsel:
That you also wanted to produce some information regarding the involvement of the
UPDF in the overthrow of the Mobutu regime?
URAnnex59 3
23/7/01
Mr.Kavuma:
Yes, My Lords, I want to be very clear on this I talked about, Uganda being interested in
a stable Zaïre at that time. What I want to make absolutely clear is that our support was
moral, was moral at that stage. lt was not involving troops going to actively participate in
the changes that removed Mobutu? But we morally would support forces which wanted
to see positive change taking place, specially if they would result into the stable Zaïre that
would cease to be a source of problems to Zaire itself and the region includ.ing Zaire's
neighbours.
Justice D. Porter:
And you said that before, didn't you?
Mr. Kavuma:
Thank you very much.
Lead Counsel:
But, another question, which I asked you before which you were not able to answer, was
the number of battalions that the UPDF had in the Congo at the height of the conflict and
the number of battalions that are there today, that remained there today?
Mr. Kavuma:
My Lords, I will abandon my conscience as I was asked to do. I would say the kind of
situation that was obtaining troops, which were moving in and moving out. But one can
say that at the height of operations we had something around ten battalions, in the DRC.
Justice D. Porter:
Now, the information we have from the press, refers to some more battalions. What is in
a battalion? How many people?
Mr. Kavuma:
My Lord, this would be about seven hundred and thirty six soldiers.
Justice J.P. Berko:
Seven thirty six.
Mr. Kavuma:
Seven hundred and thirty six, yes, My Lord.
Justice D. Porter:
4
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CERTIFICATION
The undersigned Agent of the Republic of Uganda hereby
certifies that the texts of the documents reproduced in this
Volume, as attachments to the Rejoinder submitted by Uganda
in the proceedings relating to Democratic Republic of the
Congo v. Uganda, are accurate copies of the texts of the
documents they purport to reproduce.
6 December 2002
Honourable Francis J. Ayume
Attorney General
Republic ofUganda
(signed)
Agent of the Republic of Uganda