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Opinion: President Kabila appoints new Cabinet, but he is 141 days on overtime! (Time to leave for Togo?)

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

Security Council Press Statement on the Situation in the DRC (05.05.2017)

 

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).

RDC: Lettre – “Motion de Censure contre le Gouvernment provincial du Haut-Lomami” (02.05.2017)

RDC: Communiqué de l’UDPS du 02 mai 2017

VII Session Extraordinaire du CEEAC – Communique Finale du Conseil des Ministres (29.04.2017)

RDC: Memorandum de la Jeunesse Katumbiste du Nord Kivu au Representant Special du Secretaire General des Nations Unies en RD Congo – “Obtension de l’Abandon des Poursuites Judiciaires Contre l’Honnorable Moise Katumbi Shapwe et Son Retour au Pays” (26.04.2017)

RDC: Communication du Bureau Politique de la Majorite Presidentielle (22.04.2017)

RDC: Declaration de la Conference Episcopale Nationale du Congo sur la Situation Socio-Politique Actuelle en RD Congo (20.04.2017)

Kasai violence drives over 11,000 Congolese to seek refuge in Angola (21.04.20017)

The brutal conflict in Congo’s previously peaceful Kasai region has already displaced more than one million civilians within the country since it began in mid-2016.

GENEVA, Switzerland, April 21, 2017 – A spike of violence in the Kasai Province of the Democratic Republic of the Congo (DRC) has now forced over 11,000 refugees to seek safety in Angola. Border points and villages inside the Southern African nation have seen a sharp increase in refugee arrivals with over 9,000 arriving so far in April. The brutal conflict in Congo’s previously peaceful Kasai region has already displaced more than one million civilians within the country since it began in mid-2016.

Those fleeing into Angola continue to arrive mainly in Dundo, the capital of north-eastern Luanda Norte Province.

Refugees reported fleeing attacks from militia groups, who are targeting police, military officials, and civilians who they believe are supporting or representing the Government. After running away from fighting rebel and Government forces, some refugees had to hide in the forest for several days before fleeing to Angola. Refugees are arriving in desperate conditions, without access to clean water, food or shelter.

The situation among children is dire, as many arriving malnourished and sick – suffering from diarrhea, fever and malaria. Two children are reported to have already died from severe malnutrition. UNHCR is concerned for the fate of others suffering from worrying levels of food insecurity and illnesses.

The new arrivals are terrified and still fear for their lives and mentioned they do not have any immediate plans to return home. Some parents have reportedly sent their children across the border, worrying they would be forcibly recruited by the militias if they had stayed in the DRC.

UNHCR, the UN Refugee Agency, is currently coordinating refugee response with the Government, local authorities and partners on the ground. We are also negotiating with the Government for proper hosting sites as the current border locations are overcrowded and not suitable. UNHCR is sending an additional emergency team to Dundo this Saturday to support relief efforts.

UNHCR is in the process of shipping family tents, kitchens sets, blankets, mosquito nets, sleeping mats and other essential relief items to the area.

Further aid is urgently needed, as refugees are forced to stay in makeshift buildings in the border villages. Angola’s wet season peaks in April, and UNHCR is especially worried about the ongoing rains –– which could further complicate living conditions and the health of refugees, especially the most vulnerable such as women, children, the elderly and the disabled.

UNHCR welcomes the response of the Government of Angola in keeping its borders open for continued refugee arrivals. We hope that this gesture of goodwill will continue as the situation remains dire in DRC’s Kasai region. UNHCR is also underlining the importance of not returning people in need of international protection to the DRC.

Rwanda 1994: Gen. Paul Kagame letter of 10. August 1994 (Confidentiel)

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