

RDC: “Crimes crapuleux et Violation constante des libertes et droits fondamentaux en RDC par le president Joseph Kabila” (13.05.2017)








On the 19th December 2016 the last term of President Joseph Kabila went out. The Democratic Republic of Congo we’re the opposition negotiation through Conférence Episcopale Nationale du Congo (CENCO) agreement on the 31st December 2016. Still, the President hasn’t left any sign of leaving. As the Army are fighting on different front, are trying to avoid more problems, but having civil war situation in Kasai-Oriental, where the province has rebels killing and the army doing the same.
There are not been any visible signs that he is stepping down or giving way. Neither any clear signs of up-coming elections. Like there are just figment of imagination that his term went out in December 19th 2016. That is 4 months and 20 days that he is on overtime, without any consideration of the violation of the Third Republic. The Democratic Republic of Congo deserves better and should have legitimate President. Also, if you count days he has already spent total 141 days, which he shouldn’t be the Commander-in-Chief and President.
Therefore, 141 days on overtime, the news that he has unleashed a new cabinet and new set of ministers. Proves the violation and the rights of the Republic is being misused and misguided. I don’t care to look into the men and woman appointed, because that isn’t fair to the citizens of the DRC. They deserve a legit President and a regime they have elected. Not someone using the army and the resources as their personal business.
Even if on this date that the President appointed 47 Ministers and 11 Vice-Ministers. They are surely all loyal to Kabila, as they doesn’t care about the constitution, nor the laws that the Third Republic are supposed to have.
The Constitution of 2005 says clearly:
“Article 70: The President of the Republic is elected by direct universal suffrage for a term of five years which is renewable only once. At the end of his term, the President stays in office until the President-Elect effectively assumes his functions” (Democratic Republic of Congo – The Constitution of 2005).
So he has had two terms, plus the waiting term after the assassination of his father, who also was President. Therefore, because of that, he has already had three terms in that respect, but only elected in two. Now he is on his fourth without any consent or ballots. That because cannot be elected as long as the Constitution is written like this. The thing that he didn’t do, like many other totalitarian leaders, they change the laws to fit their paradigm and continues “legally”. He is functioning as President while waiting to President-Elect assumes his functions. But with no election and no plan of doing so, there is no evidence of him leaving.
That is even more evident as he changes and appoint a new Cabinet, with lots of ministers loyal to him. It is within the law that he appoint ministers. Still, it is 141 days since he had legitimate powers and was the President. Right now, he shouldn’t be preoccupied with who leads Communications or where Lambert Mende is working. President Kabila, should be come a civilian or join Yayah Jammeh in Equatorial Guinea, even go to Togo like Mobotu!
“After a weekend of confusing reports on Mobutu’s whereabouts, CNN confirmed on Monday that he was in Togo, escaping there early Sunday just ahead of rebels advancing on his home in the northern Zairian village of Gbadolite” (…) “Mobutu — who fled Kinshasa on Friday, the day before rebels entered the capital in force — was resting in a residence belonging to his old friend, Togolese dictator Gnassingbe Eyadema, government officials in the West African nation said” (Arnett, 1997).
So if he would do the 3rd Republic a favor, he would leave the Presidency and leave the Nation. It doesn’t seem to be possible at this point. President Kabila has not conceded or tried to give way. Therefore, the trust of him leaving power, seems day-by-day unlikely. President Kabila shows that he uses his power and capacity, as the army are loyal to him. This proves that the elections seems far-fetched, since he has not showed anything feasible or even tried to even get tenders for ballots.
That President Kabila will say elections are expensive, the are to many rebellions, that the M23 are in the Kivu’s, that FDLR are doing their thing, that ADF-NALU still existing, that the Kamunia Nsapu and other groups killing in different provinces. This will all be used as tactics to postpone the elections and make sure there are no official date for elections, nor ordering ballots or securing funds for the Commission Electorale Nationale Indépendante (CENI). They will all be left behind, since there are no plans or wish of the President to get a successor. That means he will leave all his power behind!
This new government is just a disgrace… and not respecting the Constitution of the 3rd Republic. Neither, it is clear disrespect of the people and republic. President Kabila doesn’t own the nation and the public doesn’t owe him anything, they deserves some who legitimate rule them. Time for Kabila to follow the fleeing President and leave for Togo! Peace.
Reference:
Arnett, Peter – ‘Mobutu in Togo as Zaire rebels assume leadership’ (19.05.1997) link:http://edition.cnn.com/WORLD/9705/19/zaire/index.html?eref=sitesearch

It is just one of these days when the President Yoweri Kaguta Museveni reveals that he wasn’t in favor of the Multi-Party Democracy, even if he claims to be elected and have credible elections abroad. It is always his vision and his perspective that matters, the others should just follow and listen to the high and mighty Musveni. No-one else has a vision like him and his party, which bow their knees, gets Presidential Handshakes and also kisses ring when they have too. That is something the Opposition MP’s doesn’t do, except for the “Good DPs” and the level-headed UPC MP’s. Still, he has something obvious to say today!
President Museveni addressing Bulago Primary School in Buyengo Sub-County in Jinja District:
“I am tired of wars. I want you to vote for pro-NRM members of parliament like our party flag-bearer, Mr Moses Walyomu.” (…) “I don’t want to go back to the bush to fight again. Don’t send me people who will disagree with me in parliament. I fought in 1986 and I am tired.” (…) “He said people who are not of his party fear to discuss with him matters that are pertinent to the development of the country. And for that to be avoided, he will need Members of Parliament who share his ideals and vision for the country” (…) “He threatened that should Kagoma voters vote for an opposition candidate, their wish for good roads and other crucial utilities such as power will be no more”(Kirunda, Nakato & Katabulawo, 2017)
He is clear, if you disagree, that means war, not negotiations or discussions to find a level middle-ground. Since it is only one-man with a vision in Uganda, and that is the President. The Wonderful Dictator who is on his 7th Term, not 5th, even if he is rigged in 5 times in row. There was still a decade that gets shaved off in the calculation. I will write that until my ending. Since he deserves to count all years from 1986 and not only from 1995. While we are on that. Under President Museveni, there wasn’t always Multi-Party Democracy.
Three years after the Coup d’etat:
“As already noted, the 1989 elections were held under strict anti-party rules since the NRM government had suspended all political party activities. Indeed, the Resistance Councils and Committees Elections Regulations, 1989, forbade all use of party symbols, sectarian appeals, and threats of force, the offer of food or drinks and the display of candidates’ posters. The absence of open campaigning made it impossible to discuss policies” (Bwana, 2009).
So as President Museveni forbade other parties and their political parties after taking power. He created together with the NRM/A a Movement System to control the local party politics and have structures that he could have oversight of from the State House. This was not a Multi-Party System. A special system that are now overturned into the Local Government system, still it is inherited by the RC system, that the party unleashed in the end of 1980s and tried for a long while. Explained by this Scottish student in 1993!
Importance of Movement System:
“Two statutes, the Resistance Councils and Committees Statutes 9 (1987) and the Resistance Committees’ Judicial Power Statute 1 (1988), codified and expanded the system of local Resistance Committees that had sustained the NRA in its war against the second Obote regime. The genesis of the Resistance Committee system can be traced to the Mayumba Kumi (or ‘Ten Houses’) experiment of the UNLF in the early 1980s, which in turn was linked with the Tanzanian Ujamaa philosophy (Oloka-Onyango, 1989; Baringo, n.d.).” (…) “The RC statutes divided each of Uganda’s 34 (now 38) districts into 5 administrative zones; village (or ward in towns and cities), parish, sub-county, county and districts” (…) “The extent to which the RC system offers the levels of popular participation claimed by the NRM/A also requires consideration. The RC Electoral system operated in 1987, 1989 and 1992 of direct elections only at RC1 level means that the population is excluded at every stage from choosing candidates for higher office. This limitation on direct popular participation in the RC system recurs at a higher level where the links between RC4/RC5 and the NRC and government ministries become rather uncertain. By 1992, there existed no power of recall for members of the NRC beyond elections day itself” (Smith, 1993).
With all this in mind, the tiredness of having opposition. It seems that the President is ready to control the Parliament, the Local Government and have only local cadres that are his. The ones that he knows he can bribe and have under his structure. That means he wants to back to late 1980s and early 1990s when the Movement System and Resistance Councils were the thing. Where the Ministry of Local Government could fire a Resistance Councilor or others, if they didn’t follow the direct orders of the President and his State House. This seems real now.
This seems like the thing, as he wants to take away development and public service if they doesn’t follow his orders in the By-Election in the Jinja District. That proves the lack of democratic values and wish to honor the ballot. But hey, he has for 30 years rigged himself in and made sure his cadres has gotten positions, why else would Gen. Kahinda Otafiire still be a Minister? Not because of his brilliant intellect, but for his loyal assets and following orders of the President.
That President Museveni wants to have men and woman who listens to him and doesn’t challenge him. Therefore, he is telling in Jinja District, that he didn’t go to war in 1986 to have people questioning his rule. His legacy now will not be that he re-released the Multi-Party System, neither that he Constitution delivered a fresh start, as his lingering time in power. Proves that he has gone backwards and become alike the men he overthrew. There isn’t anything different between Dr. Milton Obote distrust in Institutions and Political Affiliations, the only difference is the names and the times. The misuse of army and police to harass the opposition is not different either. The use of government resource in elections are also facilitated for the Movement to counter the opposition. Therefore, the wonderful dictator is alike predecessors, only difference is his ability to overstay!
President Museveni is tired, because he cannot understand that people still question him. That people still doesn’t believe in his vision. That is because he forgot to deliver, he didn’t care to deliver and wanted all along to control it all from the Okello House. There wasn’t with prompt and glory that the Multi-Party Democracy became law, it was two elections and amendment of the constitution that the President didn’t want to deliver. President Museveni wanted it all inside the Movement and the Resistance Councils, which he could assess and control. So now he had to allow other people create their own parties, where they have their own guidelines and programs, not his! They doesn’t have his vision. That is so tiring for him. Therefore, he now want to return back in time, to the Movement System and the Resistance Councils.
He wants total control and he says it, because he is tired of men and woman who doesn’t accept his vision. The vision of looting, dismantling and disorienting the citizens for the wealth of the Museveni family. The rest is history, as the value of currency, the added state debt, the lacking of transparency and patronage is extensive. Therefore, he doesn’t want it question of his state and his system. It is all what he created and made over the decades as the supreme executive. Certainly, the glory days and the days of hope is gone. Just like the days stalwart Besigye would help the old-man creating the Resistance Councils as well. Peace.
Reference:
Bwana, Charles – ‘Voting Patterns in Uganda’s Elections: Could it be the end of the National Resistance Movement’s (NRM) domination in Uganda’s politics?’ (2009) – LES CAHIERS D’AFRIQUE DE L’ N° 41
Kirunda, Abubaker; Nakato, Tausi & Katabulawo, Andrew – ‘I don’t want opposition in parliament, says President Museveni’ (09.05.2017) link: http://www.monitor.co.ug/News/National/I-don-t-want-opposition-in-parliament–says-President-Museveni/688334-3919496-71atniz/index.html
Smith, Justin McKenzi – ‘Breaking with the Past – A Consideration of Yoweri Kaguta Museveni’s National Resistance Movement, and of social and Political action in Uganda during its government’ (1993) University of Edinburgh, Scotland, United Kingdom.

The members of the Security Council expressed their concern at the challenges facing the implementation of the 31 December 2016 agreement.
NEW YORK, United States of America, May 5, 2017 – The members of the Security Council continue to closely monitor the recent developments in the Democratic Republic of the Congo. They have taken note of the appointment by President Joseph Kabila, on 7 April 2017, of a new Prime Minister, Mr. Bruno Tshibala, and of the responses of national stakeholders, including the Rassemblement, as well as the 20 April 2017 statement of the Conférence Episcopale Nationale du Congo.
The members of the Security Council expressed their concern at the challenges facing the implementation of the 31 December 2016 agreement, they noted that the signatories of the agreement were unable to reach a consensus on the special arrangements of the agreement signed on 27 April by some, but not all, of the signatories of the agreement. They called on all stakeholders to redouble their efforts to achieve a greater degree of inclusivity that would help in the resolution of the very serious problems faced by the DRC. They reiterated their call for a swift implementation of the agreement, in good faith and in all its components, in order to organize peaceful, credible, inclusive and timely elections, no later than December 2017, leading to a peaceful transfer of power, in accordance with the Constitution and Security Council resolution 2348 (2017). They noted President Kabila’s expression of support, in his address to the Congress on 5 April 2017, for implementing the agreement in full. They reiterated that effective, swift and timely implementation of the agreement is critical to a credible process and the peace and stability of the DRC, as well as in supporting the legitimacy of the transitional institutions, as it represents a viable road map towards the holding of peaceful and democratic elections.
To this end, the members of the Security Council called on all parties to remain committed to the agreement and the overarching objective of peaceful, credible, free, fair and inclusive elections by the end of 2017, including through the full and equal participation of women. They called in that regard for the swift and inclusive establishment of a government of national unity, the Comité National de Suivi de l’Accord, the adoption of a new electoral law and the full implementation of the confidence building measures agreed in chapter V of the 31 December 2016 agreement, some of which are yet to be implemented. They reiterated their commitment to act accordingly regarding all Congolese actors whose actions and statements impede the implementation of the agreement and the organization of the elections.
The members of the Security Council underscored the responsibility that all Congolese political stakeholders bear at this critical juncture in their country’s history, especially by overcoming their differences to reach consensus and upholding the interests and wellbeing of their people above all other considerations, and in ensuring that they are guided by the rule of law, restraint and the spirit of compromise and dialogue. They called on all concerned political actors, whether in the DRC or abroad, to desist from any actions that could exacerbate tensions. They further called upon all political parties, their supporters, and other political actors to remain calm and refrain from violence of any kind. Recalling Security Council resolution 2348 (2017), they urged the Government as well as all relevant parties to ensure an environment conducive to the conduct of this electoral process, in accordance with the Congolese Constitution, which includes free and constructive political debate, freedom of opinion and expression, including for the press, freedom of assembly, equitable access to media including State media, the security of all political actors, freedom of movement for all candidates, as well as for elections observers and witnesses, journalists, human rights defenders and actors from civil society including women.
The members of the Security Council reiterated their condemnation of the violence witnessed in the Kasaï region over recent months and expressed serious concerns at alleged violations and abuses of human rights committed in the region. They reiterated their serious concern at serious violations of international humanitarian law committed by local militia in that region, recruitment and use of children in armed conflict in violation of applicable international law, as well as attacks on DRC security forces and symbols of State authority. They further reiterated their serious concerns at the recent reports of a number of mass graves and of killings of civilians by members of the security forces of the DRC, all of which might constitute war crimes under international law. They further expressed concerns over the deterioration of the humanitarian and security situation, which has displaced more than 1 million people internally and forced more than 11,000 people to flee the country. They underlined the urgent need for safe and unhindered access for humanitarian actors.
The members of the Security Council also reiterated the importance and urgency of prompt and transparent investigations into violations of international humanitarian law and violation or abuses of human rights in the Kasais region. They further reiterated their intention to closely monitor progress of the investigations into these violations, including the disproportionate use of force, which will be conducted jointly by the Government of the DRC, MONUSCO and the United Nations Joint Human Rights Office in the DRC, and in collaboration with the AU, as announced by the Government of the DRC, in order to bring to justice and hold accountable all those responsible, and they look forward to their results.
The members of the Security Council stressed the need for a swift and full investigation into the killing of the two members of the Group of Experts established pursuant to Security Council resolution 1533 (2004) and underlined the need for full cooperation from the Government of the DRC. In this context, they further welcomed the Secretary General’s establishment of a UN Board of Inquiry to investigate the deaths of the two experts and his commitment that the United Nations will do everything possible to ensure that the perpetrators are brought to justice.
The members of the Security Council reaffirmed their strong commitment to the sovereignty, independence, unity, and territorial integrity of the DRC.
The members of the Security Council reiterated their support to the efforts of the Special Representative of the Secretary General, the African Union and regional organizations in helping to ensure the full implementation of the 31 December 2016 agreement, in accordance with Security Council resolution 2348 (2017).








