
RDC: Transmission du Protocole d’Accord de la Plateforme Politique A.R. et de son reglement Interieur (23.11.2016)













“Why is UN not paying much attention to member states that are clearly sliding into turmoil and crisis and instead is majorly involved in the after effects of Humanitarian assistance. It doesn’t make sense. We can’t wait until it’s too.” – Francis Mwijukye [35th Inter Parliamentary Union- Geneva: High level United Nations Management committee Meeting on Development assistance, Humanitarian assistance, peace keeping operations and Mormative treaty related knowledge, 26.10.2016]
We are living in a brave new world where the world order is switching… its twists and turns, the morning dew disappears and the sun kisses the earth yet again. The last few days the world has changed. Because Nations and States have made decisions that matters; they are not only talking, but now they are acting on it.
The International Criminal Court (ICC) of The Hague is under fire. After Burundi, South Africa and Gambia are thinking of pulling out of the International Court that access the genocides and crimes against humanity.
With the escalated conflicts, the stories of lives doing whatever they can flee nations, this is happening from the internal conflict inside Burundi, Burundians refugees are now in Tanzania, Rwanda and in the Democratic Republic of Congo. This because the President Pierre Nkurunziza decided to stay in power for a third term; when the Constitution of Burundi said the Executive only could have two!

The same with the internal fighting between SPLM/A VS. SPLM/A-IO in South Sudan; where there is battle of power between President Salva Kiir and former FVP Dr. Riek Machar. Because of the conflict in South Sudan the civilian refugees have fled to Democratic Republic of Congo, Uganda and Ethiopia. Now MONUSCO got SPLM/A-IO and Dr. Machar from the DRC to Khartoum earlier this year.
In Kenya this is happening: while the Somali Refugees are now being sent home from Kenya under the command of the government there. This happening while opposition in all of the countries mentioned has optionally torturing, arresting, detaining and even harassing them if needed be. The Kenyan Government using the fear of Al-Shabaab to send the refugees away and also hustle more donor-funding from the United States. That happens because the Jubilee apparently didn’t’ earn enough coins on NYS, Eurobonds or whatever scheme they had in play at the time.
In this New World order that is arranged while the Government are using their Security Organizations to silence opposition. While the Nation with the African Union (AU) Headquarters and are the leader of the Intergovernmental Authority on Development (IGAD), the Ethiopian Government even uses helicopters, artillery and soldiers to kill civilians in the regions of Amhara and Oromo people. This is a Nation who has soldiers in Peacekeeping mission all around the Continent, but using all kind of force to oppress their own.

So in this place and time with more totalitarian regimes, with more leaders not leaving offices and with less political freedom; the International Justice is winding down. The rule of law internationally right now is losing its power, while the United Nation’s negations and diplomatic missions like the Inter-Burundian Dialogue under former Tanzanian President Benjamin Mpaka hasn’t gone anywhere. While the dialogue between UN’s own Edem Kodjo hasn’t created anything resembling a General Election run by the CENI in the DRC. That is because President Joseph Kabila has no plan of leaving office without using force on his own. This is happening while the bloodshed continues in the Kivu’s, while the MONUSCO and FARDC watching it in silence. ADF-NALU and the Mayi-Mayi continues as well together with the Ex-FARDC Gen. Muhindo Akili Mundos has also blood on his hands. This is happening while the Rwandan State still can export high-grade minerals that they cannot even produce or has mines to extract on their soil. This has been happening since the first war in the late 1990s.
So the New World Order is more of the same… the same kind of violence, the other change is the new brave leaders who defy the International Order. They don’t want to follow it when they feel it is unfair. United Nations (UN) might be next or the World Trade Organization (WTO) or the World Health Organization (WHO). As they might respect the International Monetary Fund (IMF) or the World Bank (World Bank) because they need their financial stability or the financial stimulus that backs the budgets and aspects the government needs to pay their elites, businesses and whatever it takes to keep the regimes a-float.
This is the grand issues… the human rights violations, killings and detentions… so the Presidents and their Administrations are now afraid of the ICC. They are worried that their actions be served by the Court and they have to answer for their crimes. Doesn’t matter if this court exists or not; the UN should put up Tribunals after the Internal Conflicts like they done in the past. Than it is not direct prosecutions or charges that the ICC has put on Executives or any in the inner-circle of ruling regimes as they know their using illegal forces to silence their people and citizens. Though the feelings from African Nations that they are feeling threaten by the ICC and their actions as they are not going-in on Europeans or Americans in general, while African Generals and Politicians are hand-picked.

I’m just waiting for the honourable nations of Morocco, Mauritania, Egypt, Sudan, Somalia, Republic of Congo, Mozambique, Angola, Zimbabwe, Lesotho, Swaziland, Togo, Guinea, and Equatorial Guinea, and so on… There are more that will make decisions to leave, as even Cote d’Ivoire might revoke their place.
There are fears on the horizon, the ICC is losing its standing, the international community better listen as the men who are greedy on power and resources take it in these days by any means and hope to get away with it, while their people suffer. The only differences at our time are that information is not forgotten or not told. It’s there for those who listen; time to consider and rethink the World Order and where we want to be. Peace.

The newest report from Office of the United Nations High Commissioner for Human Rights (OHCHR) together with United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) dropped a report about Human Rights violations this October. These shows the violations of human rights, killings and rapes that have happen over a certain time period. The reports themselves say enough about the extent of how the Government and their Security Organizations does, plus the guerrilla warfare and the results of that in the DRC.
The reports are vivid and direct from political prisoners to rape incidence… the words themselves of what they did to the civilians there. Take a look!
“Initiatives and public advocacy conducted by the Congolese authorities, with the support of the international community, have resulted in the conviction of State agents for sexual violence in conflict in at least 231 cases, during the period under review. Also, according to information made available to the UNJHRO, at least 447 soldiers of the Congolese National Army (Forces armées de la République démocratique du Congo – FARDC) and 155 agents of the Congolese National Police (Police nationale congolaise – PNC) have been convicted for acts constituting human rights violations during the period under analysis. Despite the remarkable efforts made and considering the structural and financial difficulties facing the judicial system, this is a very low number compared to the 4,032 human rights violations committed by State agents. This, in addition to other factors, also shows that lack of effective prosecution contributes to the commission of other violations” (OHCHR/MONUSCO, P: iv, 2016).
Conflict Areas of Congo:
“During the reporting period, the six provinces affected by the conflict in eastern DRC, namely Ituri, North Kivu, South Kivu, Haut-Uélé, Bas-Uélé and Tshopo provinces registered the highest numbers of 5 human rights violations and abuses, which were mainly committed by combatants of more than 30 different armed groups. Between 1 January 2014 and end of March 2016, among the armed groups, the combatants of the Democratic Forces for the Liberation of Rwanda (FDLR) committed the largest number of abuses (685), followed by the Front for Patriotic Resistance in Ituri (FRPI) (662) and the Lord’s Resistance Army (LRA) (424). These abuses were mainly committed during attacks launched on villages, in a bid to control territories rich in natural resources or in reprisal against some individuals suspected of cooperating with parties to the conflict” (…) “. State actors have also committed human rights violations in eastern DRC, in particular FARDC soldiers and PNC agents. These State actors, mainly FARDC soldiers, committed human rights violations or violations of international humanitarian law during military operations against armed groups” (OHCHR/MONUSCO, P:4-5, 2016).
Political Prisoners:
“In the current electoral context, concern has been expressed in relation to actions taken by the judiciary and viewed as Government interference in the justice system. For example, the Special Rapporteur on the situation of human rights defenders expressed concern about “the arbitrary detention of three human rights defenders, Mr Fred Bauma Winga, Mr Christopher Ngoy Mutamba and Mr Yves Makwambala, which seem to be related to their legitimate and peaceful human rights activities” as well as “allegations of illegal obtaining of evidence, procedural flaws and unfair trials”. The Special Rapporteur further “voiced his concern at the difficult situation in which human rights defenders exercise their right to freedom of association, of peaceful assembly, of opinion and expression, in the DRC” (OHCHR/MONUSCO, P:9, 2016).
Prions:
“Weaknesses in the penitentiary system have been raised on multiple occasions during 2015 Etats généraux de la justice, and identified as a major obstacle to the fight against impunity. The UNJHRO has documented the escape of 2,604 people from detention centres in 2014 and 201526. Mass escapes take place on a regular basis throughout the countr” (…) “One illustrating example is the mass escape of 18 October 2014 of 326 out of the 433 detainees (130 condemned persons and 196 people in preventive detention) from the prison of Butembo, North Kivu province, following an attack on the prison by four men armed with AK-47 trying to free nine detained soldiers who turned out to be absent from the prison. To this day, only about a hundred of those escaped persons have been found” (OHCHR/MONUSCO, P: 10, 2016).
ADF Violence:
“From 1 October to 31 December 2014, at least 237 people – including 65 women and 35 children – were killed by suspected ADF combatants. At least 47 civilians were wounded, 20 were abducted and two were victims of sexual violence. During this period, suspected ADF elements have attacked at least 35 villages, using machetes, hammers and knives, amongst others, and carrying out summary executions of civilians. During the same period, the UNJHRO also documented the destruction and looting of houses. From 28 February 2016 to March 2016, civilians were targeted by suspected ADF combatants in several villages on both sides of the border between North Kivu and Ituri, in Bambuka-Kisiski (Beni territory, North Kivu province) and Bandavilemba (Irumu territory, Ituri province)” (OHCHR/MONUSCO, P: 12, 2016).
FARDC rape in Goma 2012:
“In November 2012, after the capture of Goma by the M23 armed group, FARDC soldiers withdrew to Minova, in South Kivu province, where they committed mass rapes and other human rights violations during a period of 10 days. On 5 May 2014, the Military Operational Court of North Kivu delivered its verdict on this case and sentenced 26 FARDC soldiers to prison terms ranging from three years to life imprisonment for crimes against humanity. Thirteen other soldiers have meanwhile been acquitted” (OHCHR/MONUSCO, P 14, 2016).
Musenyi:
“From 20 to 22 September 2015, FARDC soldiers assigned to 33071st Battalion under the leadership of Colonel Jules Dhenyo Beker reportedly committed several human rights violations in Musenyi village, in the vicinity of Maibano, Kalehe territory, South Kivu province, during an operation to track down Rayia Mutomboki chief Mweke Atobaibwa. Civilians were arrested and taken to a school used by the military operation’s leadership. A 16-week old baby reportedly died following a beating. Nineteen women were raped (or gang-raped in some cases), 31 people were subjected to cruel, inhumane or degrading treatments and arbitrary arrests while 78 others were subjected to looting and/or extortions. The next day, a high ranking FARDC official reportedly visited the scene of the incident and ordered the population not to report what had happened” (OHCHR/MONUSCO, P: 32, 2016).
Kavumu:
“Since May 2013, at least 20 children under 12 and thirty children aged between 12 and 17 have reportedly been abducted, raped and subjected to genital mutilations in Kavumu, 35 km from Bukavu, in the groupement of Bugorhe, Kabare territory, South Kivu province. The victims were reportedly abducted in their sleep without any witness and returned home or near their residence after being raped or mutilated. According to judicial authorities, these crimes were reportedly perpetrated in the context of initiation rituals and fetishist practices. Reportedly, these rapes and abductions also sought to terrorize the local population. On 17 March 2016, in Kavumu, a human rights defender who had spoken out on cases of rape against children in Kavumu and denounced the implication of a local leader, as well as the inaction of judicial authorities, was summarily executed by armed men wearing PNC uniforms.” (OHCHR/MONUSCO, P: 33, 2016).
For the ones that hasn’t followed the nation, the FARDC and the Guerrillas in the DRC will this be eye-opening, for others this is old news. Still, the reports prove certain aspects of life in regions and parts of DRC… This is more to show the dirty and nitty gritty that too many civilians and people of the DRC have lived through. This is what you can call a stern warning that people should care about the senseless violence against humanity in the DRC. Peace.
Reference:
OHCA/MONUSCO – ‘Accountability for Human Rights Violations and Abuses in the DRC: Achievements, Challenges and Way forward’ (1 January 2014 – 31 March 2016) – October 2016
“A founding signatory of the Rome Statute, on ICC: Yes we should be out of the ICC. ICC is not serious. It is partisan. There are so many people who should have been tried if they were serious. The way to go is to have our own African Criminal Court. Trying to work with ICC was a mistake” – President Yoweri Kaguta Museveni [at the Second #UGDebate on the 13th February 2016]
As Washington is shocked by the recent events, that the International Criminal Court which is stationed in The Hague and the Netherlands; where they ironically are closing down prisons because of lacks of criminals. The International Community and the African Nations are triggering the Article 127 of the Rome Statute of 1997 to Withdraw from the honourable justice chambers of this so-called earth. There is certain reflections and vivid reasons for why this is happing. And I will try to sort it out, the Westerns and Europeans, even some Americans might be offend, but still carry it and take it for what it is.
“In June 2009, Comoros, Djibouti, and Senegal called on African States Parties to withdraw en mass from the Statute in protest against allegations that the ICC was targeting Africans. This declaration was specifically in reference to Sudanese Pres. Omar al-Bashir’s indictment” (Mbaku, Weber State University).
The ICC is not a pre-historic relic of the European Colonial past, still the actions of is of a seemingly imperialistic affair where the smaller newer nations and less resourceful have been targeted at much higher extent than the ones of more sophisticated countries who are not former colonialized. That is a fact and not NRM fiction. Just a certainty that the further hurt the African sovereign nations that they even has Executives under the microscope for their actions while Tony Blair and George W. Bush walks around like Kings on this earth. It’s not like the powers to be, touches the big-men from there, but around the corner they get taken away quicker than ice-cream on a hot-summer-day.
Not that the men and woman who has been questioned and been under investigations has been involved in crimes and activity against the humanity. They have and many using child-soldiers, used ethnicity to win power and even some killings to the level of genocide.

“Article 127
Withdrawal
United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.
Burundi withdraws:
“President Pierre Nkurunziza, who critics accuse of human rights abuses, signed a decree late on Tuesday that paves the way for his east African nation’s departure from the court. His decision comes at time when the ICC is conducting a preliminary investigation into politically motivated violence in Burundi in which several hundred people died” (Alionby, 2016).
South Africa withdraws:
“Under the Rome Statute, the 2002 treaty that established the court, countries are obligated to arrest anyone sought by the tribunal. “Legal uncertainty” around the statute blocks South Africa from resolving conflicts through dialogue, including inviting adversaries for visits, Justice Minister Michael Masutha said, and handing over a foreign leader to the court would have amounted to an infringement of South Africa’s sovereignty” (…) “The Rome Statute “is in conflict and inconsistent with” South Africa’s law giving sitting leaders diplomatic immunity, Mr. Masutha said at a news conference on Friday. The question is before the country’s high court” (…) “Foreign Minister Maite Nkoana-Mashabane this week formally notified the United Nations secretary general, Ban Ki-moon, of South Africa’s intention to withdraw from the international court. Leaving the body would take about a year, during which South Africa would still have to cooperate with the court’s proceedings” (Chan & Marlise, 2016).
This is happening while the ICC has asked for Nations who has signed up for the Rome Statute and the ICC. This has been South Africa, Rwanda, Burundi and Kenya. The Non-compliance documents of Djibouti and Uganda has even come in 11th July 2016. The Arrest Warrant on President Omar Al-Bashir we’re set on 4th March 2009. There has gone 7 years has passed and his still roaming around with countries willingly delivering “non-compliance” documentations to the ICC for their non-cooperation towards them.

There are more running cases on the continent… some of them are:
“The ICC Prosecutor has opened cases against 26 individuals in connection with five African countries. Twenty-five of these remain open; the 26th, against Darfur rebel leader Bahar Idriss Abu Garda, was dismissed by judges, though the prosecutor may attempt to submit new evidence in an attempt to re-open it. The cases stem from investigations into violence in Libya, Kenya’s post-election unrest in 2007-2008, rebellion and counter-insurgency in the Darfur region of Sudan, the Lord’s Resistance Army insurgency in central Africa, civil conflict in eastern Democratic Republic of Congo (DRC), and a 2002-2003 conflict in the Central African Republic. The Prosecutor is also examining 2010-2011 violence in Côte d’Ivoire, a 2009 military crackdown on opposition supporters in Guinea, and inter-communal violence in central Nigeria, but has not opened formal investigations or opened cases with regard to these situations. Uganda, DRC, CAR, Kenya, Nigeria, and Guinea are states parties to the ICC. Sudan, Libya, and Côte d’Ivoire are not. ICC jurisdiction in Sudan and Libya stems from U.N. Security Council actions, while jurisdiction in Côte d’Ivoire was granted by virtue of a declaration submitted by the Ivorian Government on October 1, 2003, which accepted the jurisdiction of the Court as of September 19, 2002.25 Five suspects—four Congolese nationals and one Rwandan—are currently in ICC custody. The ICC Prosecutor has sought summonses, rather than arrest warrants, in connection with attempted prosecutions of Darfur rebel commanders and of Kenyan suspects. The Prosecutor has not secured any convictions to date” (Congressional Reaserch Service, 2011).
The Kenyan case we’re like the Prosecutor said wasn’t done, but for now there wasn’t able to follow through on evidence and make a case worth living. That is me translating the jurors lingo. The IGAD communique on the 6th April 2016: “The Intergovernmental Authority on Development (IGAD) joins Kenyans of all walks of life to rejoice the collapse of cases against the Deputy President, H.E. William Samoei Ruto and his co-accused, radio journalist, Joshua Arap Sang at the International Criminal Court in The Hague yesterday” (…) “It would be recalled that IGAD had condemned the way the ICC had handled the Kenyan cases from the beginning. During a press conference held in Nairobi on 22nd March 2011, Amb Mahboub stated clearly IGAD’s position on the deferral request of the ICC cases by Kenya pointing out that the trials would “weaken the country and weaken the region” (IGAD, 06.04.2016).
The Kenyan government President Kenyatta the day before on the 5th April 2016:
“Earlier today, Trial Chamber V (a) of the International Criminal Court acquitted my Deputy President, Honourable William Ruto, and Mr. Joshua Arap Sang. I welcome the aforementioned decision, which reaffirms my strong conviction from the beginning about the innocence of my Deputy President. From the start of this case, I have believed that this case was ill-conceived and never grounded on the proper examination of our experience of 2007/2008 as a nation” (…) “Each and every Kenyan was touched by the tragedy that befell our nation in 2007-2008. Each and every victim of this unfortunate happening matters. Not one of them has been forgotten. Their suffering demanded of us as leadership to seek reconciliation. My Deputy and I campaigned and were elected on a platform to unite and reconcile our motherland. When you entrusted the leadership of the country to our administration, you made us responsible for the healing and reconciliation of our people” (Kenyatta, Uhuru – ‘H.E. Uhuru Kenyatta Statement on ICC verdict on the Ruto and Sang Case’ 05.04.2016).
So with this in mind, the Kenyan Government have been thoroughly investigated by the ICC recently over time since the ICC charged people close connected to the current leadership and government. They even at some point had a case against the Kenyan President Kenyatta, but they let it slide because they got no witness angle on him. The Jubilee has fought back and has done their duty towards Courts. Still the wound of charges, the appearance and the trial has hurt.
The newest ICC cases into Africa is the post-election violence where even the Parliament we’re put on fire. “In the letter of referral to the ICC signed by Gabon’s Justice Minister Denise Mekamne Edzidzie, the government accuses Ping and his supporters of incitement to genocide and crimes against humanity” (…) “It highlights a speech which Ping gave during his electoral campaign, in which he allegedly called on his supporters to “get rid of the cockroaches.” (…) “These words were an incitement to commit the crime of genocide,” the letter says” (France24, 2016). The Gabonese Authorities tries to pin it on the Opposition as the election rigging made the public mad and not just the supporters of Jean Ping. If the ICC uses this opportunity not to pin it on themselves as the Second Generation for life President Bongo!
African Union Letter to the ICC on the 29th January 2014:




So the long-stemming grievances are now coming into effect. The feeling of being targets while others walk scotch-free. The inaccurate acts of being the main ones, even as the violence, genocides and crimes against humanity happen; the leaders don’t want a hanging gallows over their heads. Still, the acts of many current Presidents and their Regimes are using armies like Ethiopia against civilians. If they weren’t a strong ally of the United States, they would have a cherry to pick at the courts. President Museveni fears for place, the same should President Mugabe that never been for the Gukurahundi massacres we’re Zimbabwean Republican Police killed 20,000 people. These are men who fear the ICC and would do what they can to not be touched by their current sins and the ones of old.
Sudan, the country of President Omar Al-Bashir has said this in the recent our about the matter:
“This wise decision is established by the Republic of Burundi on objective grounds that the so-called International Criminal Court has become a tool of pressure and instability in the under-development countries. Further, the opening of investigations against some leaders is a result of pressures exercised by the western force,” the statement cited by the Sudan Tribune said” (Akwei, 2016).
So the country who has the Executive under charges, the other one of late has been forces away from power, but still men who was in charge of their respectable nations President Laurent Gbagbo who have now recently been in trial at ICC:
“On Thursday, Mr. Gbagbo, the former president of Ivory Coast, will go on trial at the International Criminal Court in The Hague, facing four counts of crimes against humanity stemming from the violence surrounding the 2010 presidential election. He was narrowly defeated in a runoff, but he insisted that he had won and refused to cede power, leading to months of turmoil and the deaths of more than 3,000 people before his arrest in April 2011” (…) “The trial of Mr. Gbagbo is an important challenge for the International Criminal Court. He is the first former president to reach trial at the tribunal, which has been in operation for a decade with a mandate to deal with war crimes and genocide. Also on trial with him will be Charles Blé Goudé, one of Mr. Gbagbo’s militia leaders in the 2011 upheaval, which followed more than a decade of ethnic political violence in Ivory Coast” (Rothschild, 2016).
So with this in mind, he isn’t a guerrilla fighting with child-soldiers like the ones charged by the ICC when coming to Lord Resistance Army and others who has been charged for violations against humanity in the ICC. These being Bosco the Terminator from the Democratic Republic of Congo, also that the former Vice President of Pierre Bemba of the MLC has been charged for his crimes, while his President Joseph Kabila walks free for his sins. This proves the neglect and the handpicked cases of the ICC. Reasons why the African Union and others are claiming so, partly righteous, partly wrong! The key to this, if the ICC want to be serious as an International legal institution… it needs cases and probes into states in Europe, America and Asia; not only War-Lords in Africa. That is just Neo-Colonialism and proves the questionable attributes to the character of the laws and big-man politics of the world. Peace.
Reference:
Akwei, Ismail – ‘Sudan urges mass African withdrawal from the ICC’ (21.10.2016) link: http://www.africanews.com/2016/10/21/sudan-urges-mass-african-withdrawal-from-the-icc/
Alionby, John – ‘Burundi becomes first nation to quit International Criminal Court’ (19.10.2016) link: https://www.ft.com/content/ce408588-95bf-11e6-a1dc-bdf38d484582
Chan, Sewell & Simons, Marlise – ‘South Africa to Withdraw From International Criminal Court’ (21.10.2016) link: http://www.nytimes.com/2016/10/22/world/africa/south-africa-international-criminal-court.html?_r=0
Congressional Research Service – ‘International Criminal Court Cases in Africa: Status and Policy Issues’ (22.07.2011) link: https://www.fas.org/sgp/crs/row/RL34665.pdf
France24 – ‘ICC opens preliminary probe into Gabon unrest’ (29.09.2016) link: http://www.france24.com/en/20160929-icc-opens-preliminary-probe-situation-gabon
Mbaku, John Mukum – ‘Africa’s Case Against the ICC’, Weber State University
Rothschild, Saskia de – ‘Trial of Ivory Coast’s Laurent Gbagbo Will Test International Criminal Court’ (27.01.2016) link: http://www.nytimes.com/2016/01/28/world/africa/ivory-coast-laurent-gbagbo-hague-trial.html
International Criminal Court – Rome Statute of the International Criminal Court (17.07.1998 in force on 01.07.2002) Copyrighted 2011
