South Sudan Crisis: Nespresso suspends operation; Machar is losing friends and allies; Updates from Yei and Unity!

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Just as the news of Nespresso suspending their imports of coffee from South Sudan, the South Sudanese Authorities are saying that they need to cut in the Health Care budget for next year. This is happening as the possibility for a peace between the fractions becomes smaller and the window is closing. Because the SPLM/A-IO of Dr. Riek Machar has fewer friends as the Ethiopian, Democratic Republic of Congo, Kenya or Uganda does not want to host the Rebels.

While the news  awhile back we’re that Dr. Riek Machar and his close allies we’re taken through DRC and on the Congolese soil with help of MONUSCO and the United Nation Peacekeepers sent him after fleeing Juba. This happens as the violence between SPLM/A-IO and SPLM/A, the Government party that are led by President Salva Mayardit Kiir and new First Vice-President Gen. Taban Deng Gai who has been part of SPLM/A-IO and we’re even a close ally of Dr. Lam Akol back-in-the-day when there where rifts between Gen. John Garang and Dr. Riek Machar.

Machar shows the history of rebellion towards the leadership around him, as he wants to be leader of all leaders and run it; something he seems to think he is entitled too. That is my opinion, when he even tried in early 1990s to overcome the liberation hero Dr. John Garang de Maribor. That President Kiir has taken oven for and got now the same accusation from the SPLM/A-IO as Garang got from SPLM-Nasir in the 1990s; strange how the past gets recycled in the present?

Just reported from the DRC:

Riek Machar’s militia are not welcome in northern Democratic Republic of Congo where locals say they are a security risk. DRC’s government, after protests from the locals, has asked the UN mission in the country, MONUSCO, to move the 750 militiamen. The Congolese government has asked the UN to remove them by October the 10th. Last week, local officials wrote to the government in the capital Kinshasa warning that the South Sudanese militia are a security risk in the area” (The National Courier, 04.10.2016).

As written the Congolese Authorities are not welcoming Machar’s rebels and for certain the MONUSCO, blue helmets are moving rebels from one area to the next as they are seen as threat in DRC, but okay to have in Khartoum. Even as Sudan has said they won’t really cater to him either they are still letting him be there after the MONUSCO left him there earlier in the is calendar year.

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On the Coffee Export:

“The Governor of Yei River State David Lokonga Moses says his state has lost investment and development opportunities due to the presence of insecurity in the state” (…) ““The prevailing insecurity in the state has hampered the use of these tractors and other plans for this sector. In a related development, the USAID has earmarked a grant of 3.5 million US dollars through the National Government to promote coffee growing in Yei River state. Only that we have been interrupted by this insecurity. All this efforts will strengthen the economy of the state. We are really by far being eyed by the international community to be given support for development.” (…) “Notice of Correction: An earlier version of this story emphasized that USAID had given millions for coffee development in Yei River State. This was based on a remark by Governor Lokonga taken out of context. He was in fact stressing that insecurity in the state has resulted in a loss of investment and development opportunities” (Radio Tamazuj, 03.10.2016).

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As the Nespresso suspends the operations in South Sudan, the USAID coffee growing project have been also interrupted by the insecurity of the state. Yei River and Yei have been in the cross-fire and surely makes farming impossible.

More on trouble in Yei: 

Jacob Aligo Lo-Lado, MP and Minister of Local Government in Yei River State has admitted that roughly 100,000 people trapped in the town amid increasing insecurity in the area as reported by the UN refugee agency last week” (…) “Aligo told Radio Tamazuj yesterday that Yei residents fled their homes following fighting in July, but they returned after the security situation was restored in the area. He pointed out that the locals are currently experiencing shortages of food and basic services due to the closure of roads” (Radio Tamazuj, 04.10.2016).

Here you see the more troubles in Yei, as there been reported that SPLM/A-IO had taken over the area and the fighting between SPLA and rebels have continued since July as the reports we’re then that SPLM/A-IO closed the roads towards Uganda. Because the Machar rebels fears the support of UPDF that has helped President Kiir in the past.

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Shooting Police Officers:

“Police spokesman Justin Daniel said that a group of attackers assaulted the police post at Nyelo Sunday before fleeing the scene of attack to Nelo village, where they purportedly shot dead a village chief. “The general security situation is under control except some isolated incidents by some people trying to cause havoc and to cause panic to the citizens but our police personnel are there. The incident of Nyelo is being investigated and as police, we condemn and treat it as a barbaric and terrorists act. There is no justifiable cause to kill some people trying to secure the safety of the road for travelers. We are also told that the same attackers after fleeing the scene of the crime went and killed an innocent village chief at Nelo”, police spokesman said in a statement broadcast also by South Sudan broadcasting corporation” (Radio Tamazuj, 04.10.2016).

This is incidents happening on the road between Juba – Nimule road, as the village is on road. Therefore the Police Command and Police Post is on an important roads as it led to the capital and the proof of occurring violence as a reaction to another act that involve the Village chief of Nelo killed. This might be a “small act”, but significant in the matter of who it concerns and the extent of killings happening.

In Morobo and Kaya:

“The SPLA says Morobo and Kaya have never been under the control of the militias as they have claimed for the last few days. The SPLA spokesman says the militias have been celebrating fictitious victory won from Nairobi hotels on the social media” (The National Courier, 04.10.2016).

This is the official reports and what is the honest truth is hard to say, but if there we’re battles its not likely that the SPLA will concede defeat, either does the SPLM/A-IO as they want to be ahead of SPLA/M in the matter of territory. Even as they need shuttles to get out of foreign territory as they don’t want their 750 rifles and personnel away from Congolese Soil. Together with the establishment of the rebel outfit of National Democratic Movement of Dr. Lam Akol who has been a sworn ally of Dr. Riek Machar; proves that the rebels and opposition is not as solid following the instruction and leadership of Machar as they once did.

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Killings in Unity:

“James Yuaj, spokesperson for the SPLM-IO in South Sudan’s Unity State on Monday accused government forces of opening fire on civilians killing three people and injuring four other including two women. Speaking to Radio Tamazuj, Yuaj accused government forces of being behind the attack in Adok area” (Radio Tamazuj, 04.10.2016).

So here we can also see that there been killings in another state, this in Unity as the proves of the state of affairs and fragile instability of the government versus the rebels who know has a plan to use arms to move and get rid of the SPLM/A as they want to install the SPLM/A-IO, but they have also the NDM who has their powers. Together with the rebels in Darfur who are the SPLM-N who also fights and could also prove their flexibility and pour into the states on the border.

This here crisis is far from over, the South Sudan leaders are more used to their guns and ammunition instead of dialogue; it is ironic that Dr. Lam Akol that are grabbing guns and arming people as he was blaming Dr. John Garang de Maribor for his wishes to use military option over dialogue to deal with the SPLM/A-Nasir of the 1990s. People tend to forget that part too. But that is two decades ago and think Dr. Lam Akol forgotten himself and how he defended dialogue during that time; now he grabs the guns as well!

Well, this is enough for now, depressing enough. Peace.

RDC: Edem Kodjo – “La CENI propose la Convocation du corps Electoral pour Novembre 2017” (01.10.2016)

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Och-Ziff Hedge Fund Settles FCPA Charges (29.09.2016)

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Washington D.C., Sept. 29, 2016 — The Securities and Exchange Commission today announced that Och-Ziff Capital Management Group has agreed to pay nearly $200 million to the SEC to settle civil charges of violating the Foreign Corrupt Practices Act (FCPA).

Och-Ziff CEO Daniel S. Och agreed to pay nearly $2.2 million to settle SEC charges that he caused certain violations along with CFO Joel M. Frank, who also agreed to settle the charges.
The SEC detected the misconduct while proactively scrutinizing the way that financial services firms were obtaining investments from sovereign wealth funds overseas.  The SEC’s subsequent investigation of Och-Ziff found that the fund used intermediaries, agents, and business partners to pay bribes to high-level government officials in Africa.  According to the SEC’s order, the illicit payments induced the Libyan Investment Authority sovereign wealth fund to invest in Och-Ziff managed funds.  Other bribes were paid to secure mining rights and corruptly influence government officials in Libya, Chad, Niger, Guinea, and the Democratic Republic of the Congo.
The SEC’s order finds that Och-Ziff executives ignored red flags and corruption risks and permitted illicit transactions to proceed.
“Och-Ziff engaged in complicated, far-reaching schemes to get special access and secure significant deals and profits through corruption,” said Andrew J. Ceresney, Director of the SEC Enforcement Division. “Senior executives cannot turn a blind eye to the acts of their employees or agents when they became aware of suspicious transactions with high-risk partners in foreign countries.”
The SEC’s order finds that Och-Ziff’s books and records did not accurately describe the true purposes for which managed investor funds were used, and the company did not have adequate internal controls to detect or prevent the bribes.
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 “Och-Ziff falsely recorded the bribe payments and failed to devise and maintain proper internal controls,” said Kara Brockmeyer, Chief of the SEC Enforcement Division’s FCPA Unit.  “Firms will be held accountable for their misconduct no matter how they might structure complex transactions or attempt to insulate themselves from the conduct of their employees or agents.”
The SEC’s order finds Och-Ziff violated the anti-bribery, books and records, and internal controls provisions of the Securities Exchange Act of 1934, and affiliated investment adviser OZ Management violated the anti-fraud provisions of the Investment Advisers Act of 1940.  Och-Ziff and OZ Management agreed to pay $173,186,178 in disgorgement plus $25,858,989 in interest for a total of $199,045,167.  The order finds that Och caused violations in two Och-Ziff transactions in the Democratic Republic of the Congo, and he agreed to pay $1.9 million in disgorgement and $273,718 in interest to settle the charges.  The order finds that Frank caused violations in Och-Ziff transactions in Libya and the Democratic Republic of the Congo, and a penalty will be assessed against him at a future date.  Och and Frank consented to the SEC’s order without admitting or denying the findings.
As part of its settlement agreement with the SEC, Och-Ziff acknowledged that it expected to enter into a deferred prosecution agreement with the Justice Department in a parallel criminal proceeding, and its subsidiary OZ Africa Management GP LLC agreed to enter into a plea agreement.  Och-Ziff is expected to pay a criminal penalty of $213 million.
The SEC’s investigation is continuing.  It is being conducted by Neil Smith and Paul Block of the FCPA Unit and Rory Alex, Marc Jones, and Martin Healey of the Boston Regional Office.  The SEC appreciates the assistance of the Fraud Section of the U.S. Department of Justice, the U.S. Attorney’s Office for the Eastern District of New York, the Federal Bureau of Investigation, and the Internal Revenue Service’s Criminal Investigations Division as well as the assistance of the United Kingdom’s Financial Conduct Authority, the Guernsey Financial Services Commission, the Jersey Financial Services Commission, the Malta Financial Services Authority, the Cyprus Securities and Exchange Commission, the Gibraltar Financial Services Commission, and the Swiss Ministry of Justice.

République Démocratique du Congo: Haut-Lomami, Haut-Katanga et Lualaba, Note d’informations humanitaires du 29 septembre 2016

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RDC: Nord Kivu – Information sul l’organisation d’un sit-in (27.09.2016)

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RDC: Lettre Ouverte Adresse a Son Exellence Monsieur le President la Republique Democratique du Congo (23.09.2016)

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RDC: Message du Senateur Jean Pierre Bemba a la Nation (26.09.2016)

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Communique de Presse No028/VSV/RDC/CE/2016 La VSV Annonce la Suspension de sa Participation au Dialogue National et Demande au Facilitateur Edem Kodjo de Suspendre les Travaux duditit Dialogue (22.09.2016)

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Moise Katumbi: “No Governmental power can resist the determination and thirst for democracy expressed by the Congolese people” (22.09.2016)

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DRC: Zeid warns of deteriorating situation, urges accountability for deadly clashes (22.09.2016)

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At least 50 people, including at least four police officers, were reportedly killed during clashes and violence in the capital Kinshasa on 19 and 20 September, and at least 77 others were injured.

GENEVA, Switzerland, September 22, 2016 – UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on Thursday issued a strong warning about the deteriorating situation in the Democratic Republic of the Congo, and insisted that, as part of the effort to avert a major crisis, there must be accountability for the killing of dozens of civilians and other human rights violations that took place during the outbreak of violence earlier this week.

“I am deeply saddened by the recent explosion of violence in the capital Kinshasa. The high number of civilian casualties, the burning of the headquarters of several political parties and the continuing high tension together provide a stark warning that a large-scale crisis could be just around the corner,” the High Commissioner said. “The writing is on the wall, and the authorities need to pull back from their extremely confrontational position and build bridges with the opposition.”

At least 50 people, including at least four police officers, were reportedly killed during clashes and violence in the capital Kinshasa on 19 and 20 September, and at least 77 others were injured. The figures could be much higher as verification continues.

“Some civilians were killed by gunshots to the head or chest, and I strongly condemn the clearly excessive use of force by defense and security forces against demonstrators in the capital. I am particularly shocked at reports that some men in uniform took a direct part in some of the attacks against the headquarters of six opposition political parties, including the Union pour la Démocratie et le Progrès Social (UDPS) building,” Zeid said. “This is a clear assault against democracy and fundamental human rights. What DRC needs now is a climate more conducive to inclusive dialogue and to free and fair elections.”

The High Commissioner said he had also received reports that Republican Guards, ANR intelligence service and PNC (Police nationale congolaise) had conducted raids and searches of residences in some parts of the capital, preventing civilians from leaving their homes for several hours. He expressed particular concern at allegations of arbitrary detentions by police not just in Kinshasa, but also in Kisangani, Tshikapa and Goma, including of journalists trying to cover demonstrations in the capital on 19 September. According to reports, some 300 people have been arrested since Monday.

Zeid reminded the Government of its obligations to respect international standards on the use of force during demonstrations. “The deployment of Republican Guards for crowd control, despite the fact that they were heavily implicated in the excessive use of force which led to numerous casualties during the 2011 elections, is deeply worrisome, and I urge the Government to immediately withdraw them from the streets and instead deploy properly trained police forces with appropriate equipment for crowd control,” he said. The High Commissioner also regretted that no one was held to account for the serious violations committed by members of the Republican Guards and the police in the context of the 2011 elections.

“Back in July, when I visited the DRC, I noted that the country was at a pivotal moment, with tensions on the rise and crucial electoral deadlines approaching. I also warned that the political uncertainty could lead to a serious crisis and outbreak of violence. To pull back from this dangerous trajectory, a fully inclusive dialogue must be restored and all sides must exercise restraint. It is absolutely crucial to ensure full accountability for the many human rights violations that have occurred this week, through a prompt, transparent and impartial investigation.”

The High Commissioner also strongly condemned the attacks by unknown assailants against the headquarters of the ruling party, a courthouse, a school and several government buildings, including police stations, as well as other criminal acts, such as looting and destruction of private property. He stressed that the investigation should also seek to identify the people responsible for these attacks and ensure that they are held accountable, in full accordance with the law.

“My Office stands ready to bring any kind of support to the Congolese authorities in their investigations,” said Zeid.