Wednesday, 30 October 2013

How the DRC government resignation could leave room for massive detournment of Congolese assets (Mining)



This article was originally published here
Democratic Republic of Congo Prime Minister Augustin Matata Ponyo forbade sales of state assets and the signing of new contracts while the country awaits a cabinet reorganization, according to a letter to his ministers.

Government officials should be prepared to hand over their posts after Congolese President Joseph Kabila said he plans to create a new government of “national cohesion,” Ponyo said in an Oct. 24 letter obtained by Bloomberg and confirmed by the government. Kabila’s announcement marked the end of a national conference last week to promote unity and reconciliation in Africa’s second-biggest copper producer.

During the transition, there is a “prohibition on the sale, transfer, or disposal of state assets,” it said. The order applies to all state-owned companies, while officials are also forbidden from concluding new financial engagements and procurement contracts, according to the letter.
Gecamines, Congo’s state-owned mining company, is facing pressure from advocacy groups including Kofi Annan’s Africa Progress Panel after announcing it may sell its shares in Glencore Xstrata Plc-controlled Kamoto Copper Corp. Between 2010 and 2011, the company sold stakes in several of its joint ventures at prices well below market value, costing the country hundreds of millions of dollars, the 10-member panel said in March.
Publish What You Pay, a London-based campaign, and a group of Congolese non-governmental groups monitoring the mining industry called for Gecamines to undertake a new tender process if it decides to sell the stake in KCC, which may become Congo’s biggest copper producer next year.
Offshore Company

In an Oct. 24 statement, the groups also question Gecamines’ plan to create an offshore company to separate its profitable joint venture stakes from its nearly $1 billion debt. The company hopes to use the entity to attract financing for a $2.8 billion development plan.
The groups “fear that this subsidiary will only serve to launder funds that could be embezzled by Gecamines’ officials since it will be difficult for Congolese authorities to control the subsidiary,” according to the statement.
Congo’s new government will be made up of members of the presidential majority and of opposition parties, as well as representatives from civil society, Kabila said on Oct. 23.

Several of the country’s opposition parties, who still challenge the validity of Kabila’s 2011 re-election, boycotted the conference. Kabila also faces a violent rebellion in eastern Congo and insecurity in copper-rich Katanga province.
Congo was the world’s eighth-largest producer of copper last year and is the biggest source of cobalt, used in rechargeable batteries.

To contact the reporter on this story: Michael J. Kavanagh in Kinshasa at mkavanagh9@bloomberg.net

To contact the editor responsible for this story: Antony Sguazzin at asguazzin@bloomberg.net


As a reminder, read this story:
Gecamines, the Democratic Republic of Congo’s state-owned copper-mining company, must publish contracts and revenue from recent asset sales under the terms of a government economic program backed by the International Monetary Fund, the multilateral lender said.

Gecamines sold its stakes in two mining projects run by Baar, Switzerland-based Glencore International Plc to companies associated with Israeli businessman Dan Gertler earlier this year. Gecamines didn’t announce the deals publicly at the time and has declined to publish full details of the sales or transfer the proceeds to Congo’s Treasury.

“The obligation to report such information covers all state-owned enterprises, unless such enterprises are explicitly excluded from the program,” IMF Country Director in Congo Samir Jahjah said in an e-mailed response to questions today from Kinshasa, the Congolese capital. “At this time, there are no such exceptions under the DRC’s program.”

Congo holds 4 percent of global copper reserves and is among the world’s largest producers of cobalt. The Central African nation, recovering from more than four decades of dictatorship and war, is in the second year of a three-year, $561 million loan program backed by the IMF to reduce poverty and spur economic growth.

“An important objective” of the program is to generate more revenue to address Congo’s health, education and infrastructure needs, Jahjah said. An “important source” of this revenue is natural resources, he said.

‘Best Practices’

“To generate this revenue, the natural-resource sector must be managed more effectively, in line with international best practices,” Jahjah said. “These practices include strong governance and transparency.”

The IMF asked the government for information on recent asset sales by state-owned companies in its periodic review of Congo’s adherence to its loan program, Jahjah said, without identifying the specific deals. On Sept. 16, both Gecamines and state-owned miner Sodimico sent letters in response to IMF inquiries about recent asset sales by the two companies. The letters were published on the website of Congo’s Mines Ministry.

The controversy over the sales by Gecamines and Sodimico delayed the IMF’s release of the next instalment of its loan to Congo, le Potentiel, a Kinshasa-based newspaper, reported today, citing people it didn’t identify.

No Delay

Jahjah denied there had been a delay in a mobile-phone message today. “The review is proceeding on the timetable envisaged,” he said.

In its response to the IMF questions, Gecamines said it disagreed with an IMF suggestion that the proceeds from a $137 million sale of its share in the Mutanda copper and cobalt project should be transferred to state coffers, in accordance with Congolese law. After the copper and cobalt miner became a commercial company in December, such laws didn’t apply, it said.

“According to the 2008 law on public enterprise restructuring, proceeds from asset sales should go to the Treasury,” Jahjah said.

Albert Yuma, head of Gecamines’ board, had his mobile phone turned off when called for comment today and didn’t respond to a text-message request for comment. Finance Minister Matata Ponyo was out of the country and could not be reached for comment, according to a person who answered the phone at his office.

To contact the reporter on this story: Michael J. Kavanagh in Kinshasa at mkavanagh9@bloomberg.net.

To contact the editor responsible for this story: Paul Richardson at pmrichardson@bloomberg.net.

Monday, 30 September 2013

Standing for the right thing, not an easy call...



Yesterday on twitter I came under friendly fires from some tweeps after I questioned the violent methods used by demonstrators in Toronto who interrupted the celebration of Rwanda Day in the city. Although I completely support and salute the initiative of raising awareness about the brutal dictatorship of Kagame in his country and the negative involvement of Rwanda in the war in the Kivus/DRC, I was not comfortable with the way demonstrators stoned the Rwandan delegation and their incitement to violence on social media.

When I tried to reason them and explain my non violent perspectives I was labeled a 'holocaust perpetrators sympathizer' in reference to the mass killing that are happening in the DRC because of Rwanda, they accused me of facilitating the looting of the DRC by working for multinational mining companies and said that I was a Lackey of countries supporting Rwanda (in reference to my very recent move in the US)
Because I did not need their validation or their permission to defend my views, I withdrew from the conversation and took my time to reflect on 4 quotes from leaders I very much admire:

- Great spirits have always encountered violent opposition from mediocre minds ~Albert Einstein

- we need leaders who are ready to seat down and analyze the reality, and work hard. Leaders who put selfish motives away and think of the nation, who will not be influenced by party politics but people's interests. A leader with a developmental mindset ~ Zitto, "the fear"(http://zittokabwe.wordpress.com/2013/09/26/the-fear/)

- The sailors are quarreling with one another about the steering- everyone is of the opinion that he has a right to steer, though he has never learned the art of navigation and cannot tell who taught him or when he learned, and will further assert that it cannot be taught, and they are ready to cut into pieces anyone who says the contrary ~Plato, "the ship"

- Change will come from the grassroots, not from the top... And not from Paris, Washington or Brussels. We need to show a bit more consideration and respect for our fellow Congolese who have been labor in hard on the ground, roll our sleeves and join them at the grassroots as mayors, Governors, members of parliaments etc. and push for change from within. Only then will we have a critical mass for positive change and the results will be tangible. ~Dr. Mvemba Dizolele (https://www.facebook.com/permalink.php?story_fbid=547455875328402&id=176267342447259)

Doing the right thing and standing for them is not easy, but is important to define our path and to inspire our peers

Thursday, 27 June 2013

How Economic solutions could play a role in the stabilisation of the African Great Lakes region by creating “peace dividends”

This paper was presented by a Congolese citizen, from a Congolese perspective, to the United States of America, State department, In a roundtable organised on the 26th of June 2013 with the aim of informing the US leadership’s thinking on whether the emerging political context (New Special Envoys for UN and US, Intervention Brigade’s arrival, MONUSCO turnover, World Bank regional initiatives, etc) is creating conditions to fundamentally shift the violent conflict cycle in the Great Lakes – and if so, what are the key areas where the US can make a difference.
In particular, the roundtable was looking at Great Lakes economic initiatives and incentive structures – getting at the “peace dividends”, the economically-based drivers of the conflict, and perspectives from the ground and outside voices on how economic solutions could play more of a role in the US response. The belief was that beyond conflict minerals, not much time has been spent examining how economic incentives can impact on progress on governance, security, and regional partnerships.
The roundtable assembled a diverse panel of experts with background from academia, NGOs, the private sector, and the World Bank/UN. Panelist invited for this UN Brainstorm policy were
· Willet Weeks, consultant, DRC/Kivus expert, former USAID
· Dr. Raymond Gilpin, Dean of the Africa Center for Strategic Studies, NDU (Economist, from Sierra Leone)
· Mike Jobbins, Search for Common Ground
· Soraya Aziz Souleymane,(working for a Canadian mining firm in DRC / corporate social responsibility Manager)
· Spyros Demetrios, World Bank, former MONUSCO

My contribution was sent in the form of a 1700 word positioning note that was distributed to the participants.

Abstract.
The Democratic Republic of the Congo (DRC) is experiencing one of the deadliest wars ever. While significant efforts were noticed in the past few years, many observers have flagged the deterioration of the situation since the past elections. In the region, there exists a paradox whereby economy is one of the causes (mineral conflicts) and could potentially be one of the solutions (regional economic projects) to stabilize the country. In this document we respond to four essential questions: How is economy a problem? What to do about it and transform the challenges into opportunities? Where to start the economy-led transformation of the region? And what can the USA and other countries do to help stabilize the Region?

How is economy a problem?
The DRC is a vast landlocked country, located at the center of the African continent. The country is 2,354,000 square km and is divided in 11 provinces and has been going through civil conflicts for the past 20 years, destabilizing the entire Great Lakes Region. One of the principal funding streams of war in the eastern DRC and the regional instability has been identified as mineral conflicts. The DRC is a resource-rich country with a weak government that has been unable to enforce order and authority throughout its territory. The presence of numerous armed groups and interference from neighbouring countries has further complicated the governability of this country the size of Western Europe.
Today, the country is classified as a post conflict zone with pockets of persistent insecurity. One of the consequences of this classification is that the country suffers from an ill reputation when it comes to business opportunities and foreign direct investment. The current government, in power since the controversial elections of 2011, is led by Matata Ponyo (Former minister of Finance and Head of the Central Bank, with experience in working for/and with the world Bank). The government has initiated a series of strong economic reforms aiming at stabilizing the currency and improving the investment climate.
Nothwistanding all informed and pertinent efforts done at the national level, most of the benefits induced by these reforms cannot be perceived in the regions that have suffered the most from the conflict, particularly the Estern Congo. And with an unstable Eastern Congo there is no likelihood for peace to be sustainable in the great Lakes region. The benefits of national reforms could not benefit this region for two main reasons:
- The persistent pockets of insecurities and
- The landlocked nature of the region coupled with security tensions with three of the four eastern neighbouring countries
What to do?
As mentioned, the problems observed are the results of three main factor. Actions should therefore be directed at correcting these problems in order to facilitate the implementation of regional economic programs. These problems have previously been identified and various institutions have tried to solve them with limited success. The DRC, Rwanda, Burundi, Uganda and Tanzania belong to not less than 5 regional organisations with overlapping goals and competing programs (CPGL, CICRGL, SADC, EAC, COMESA). Alining these institutions to promote economic regional integration is not an easy task, and sustaining the programs until the benefits can be seen is even more challenging in the absence of common economic projects. Some of the challenges in creating such projects are:
- Lack of strong leadership and demonstrated political will
- Limited funds
- Security
Other challenges that can be solved by regular meetings and follow up mechanisms include Bureaucracy and Overlapping/competing programs (among two or more regional institutions).
It is important to understand that Security on its own is part of the problem and that without the necessary security strategies and their implementations, the recommendations of this presentation are not likely to produce the expected results.

1. Lack of strong leadership and demonstrated political will: Because of their domestic problems, most of the countries have focussed on developing internal development programs instead of regional ones, sometimes with funds from the same donors. Recently Tanzania has taken the lead in the security sector by championing the intervention brigade of the UN. Being the only country of this region that has no security conflict with the others and given its geographical position (Entry port of the EAC), Tanzania has the potential to act as the catalyst of economic development in this region.

2. Limited funds: Development partners and international donors should start focussing on economic and infrastructure initiatives in their intervention in the Grrat Lakes Region that would benefits all citizens rather than focussing only on the vulnerable. No country has ever been built only by vulnerable people. The level of unemployment is high and the countries cannot rely solely on domestic sources of income, unless they create the opportunities for households, firms and industries to produce, save and contribute to their budgets in taxes. In addition to the traditional sources of funding, other means of financing infrastructure projects exist. The most common and efficient one would be public private partnerships on a build-operate-transfer model. This model will not necessary benefit to the poorest at first (vast majority of the population), but it is a starting point to attract foreign direct investment because once the transfer happens, the infrastructure exists for the benefit of all. Another way to make the poorest benefit is for the governments to take part of the operation charges in their respective budget.

3. Security: In the last 5 years Rwanda has exported more coltan than they could produce, Burundi has exported more gold than they could produce and Uganda has exported more timber than they could produce. The level of natural resource production activities of these countries was way below their actual production capacity and reports have indicated that the bulk of their export came from conflict zones of the DRC. This has participated in fuelling the war in the region. Most of the enemployed youth of the DRC participate in the plundering of their own nation’s resources. Economic, labour intensive alternatives such as industrial mining or farming, manufactures etc. could provide a sustainable and dignifying activity to this active force. In addition to these national efforts, it is important that the certification and traceability processes of minerals initiated in the DRC are extended to neighbouring countries. Laws such as the Dodd-Frank should have equivalent regionals and domestic laws to magnify its positive impact on the conflict. It is also important that each of the neighbouring countries with rebel groups in the Congolese soil initiate peace talks with its citizens in order to prepare their repatriation.

Where to start?
The task ahead is not easy and one has to start at the most important and urgent points by carefully managing the scarce resources, and progressively encouraging a domino effect in other sectors.
1. Security: it is important that all signatories’ parties to the Adis Abeba Peace Protocol of February 2013 must ensure their strict compliance to their undertakings.

2. Regional integration through economic trade through Infrastructures (Roads and bridges, electricity): John F. Kennedy once said: "It is not wealth that built our roads but roads that built our wealth. In order to boost economic activities, a region needs a good transport network and enough power for industrial and semi industrial activities. There is a correlation between Security and stability on one side and road access on the other side. As a development practitioner I have monitored and evaluated trans-border activities between the South Kivu and the East African Community. Records show that most of goods entering the Dar Es Salaam and Mombasa ports, en route to North Kivu and South Kivu would transit through Uganda and/or Rwanda and Burundi. Other researches have demonstrated a correlation between positive custom/touristic income in these countries and stability in the DRC.

It is encouraging that within each of these countries, including the DRC there are a national program to open up some National Roads but this program is very limited as it comes as a loans, mostly through the World Bank. It is important to create regional projects such as rail ways, highways, ports and hydroelectric plants in the South Kivu and North Kivu province (on the DRC side), to link them to the Mombasa, Dar Es Salaam and Kigoma ports via Rwanda Uganda and Burundi which would also benefit, being landlocked countries.

What can the US and other countries do to help?
1. Strong economic sanctions from the US are likely to discourage the legal plundering of the DRC natural resources. The US and other nations should also give full support to Special Envoy Mary Robinson (UN) and Russ Feingold (US) in the implementation of the Peace Agreement signed in Adis Ababa.

2. Create and promote economic incentives through cooperation with countries aspiring to implement projects likely to benefit more than one country in the region, in terms of economic development projects (Labour intensive businesses, Infrastructures, electricity), by linking them and recommending them to financial institutions or international firms and companies ready to invest in the region.

3. Because the challenges faced by this region are so unique, Encourage researches through local universities, involving local and international experts in questions of security, sustainable peace and regional integration.


Thursday, 20 June 2013

EXTRA–ORDINARY SUMMIT OF THE SADC HEADS OF STATE AND GOVERNMENT MAPUTO, MOZAMBIQUE.



COMMUNIQUĖ (available here for download)

1. The Extraordinary Summit of the Heads of State and Government of the Southern African Development Community (SADC) was held in Maputo, Republic of Mozambique on 15 June 2013.

2. Summit was attended by the following Heads of State and Government and their representatives:

Botswana H. E. Sir Seretse Khama Ian Khama
D.R. Congo H.E. Joseph Kabange Kabila
Lesotho Rt. Hon. Thomas Motsoahae Thabane, Prime Minister
Mozambique H.E. Armando Emílio Guebuza
Namibia H.E. Hifikepunye Pohamba
South Africa H.E. Jacob Gedleyihlekisa Zuma
Zimbabwe H.E. Robert Gabriel Mugabe
Zambia H.E. Guy Scott, Vice President
Swaziland Hon. Sibusiso Dlamini. Prime Minister
Angola Hon. Georges Chikoti, Minister of External Relations
United Republic of Tanzania Hon. Bernard Kamillus Membe, Minister for Foreign Affairs and International Cooperation
Malawi Hon. Ken Kandodo, Minister of Defence2
Seychelles Ambassador Barry Faure, Secretary of State
Mauritius H.E. I.M. Dossa, High Commissioner to South Africa and SADC

3. Summit was chaired by H.E. Armando Emílio Guebuza, President of the Republic of Mozambique and the Chairperson of the Southern African Development Community (SADC).

4. Summit was also attended by the Executive Secretary of SADC, Dr. Tomaz Augusto Salomão.

5. Summit considered the political and security situation in the Region, in particular the latest developments in the Democratic Republic of Congo, and the Republics of Madagascar and Zimbabwe.

6. On Democratic Republic of Congo

6.1 Summit received a brief on the implementation of the Peace, Security and Cooperation Agreement by the DRC Government indicating, among others, continuing progress on the deployment of the SADC Intervention Brigade.

6.2 Summit noted that there is a need for engagement among all political stakeholders in the DRC in order to find a lasting solution for peace, security and stability, and commended the efforts by H.E. Yoweri Museveni, President of the Republic of Uganda, for facilitating the ongoing peace talks between the DRC Government and M23 rebels.

6.3 Summit appealed to the Republics of Rwanda and Uganda to consider engaging all the negative forces in an effort to find a lasting political solution in the Great Lakes Region, under the Peace, Security and Cooperation Framework.

7. On Madagascar

7.1 Summit received a report on the latest political situation from the SADC Mediation Team on Madagascar on the latest developments in the country.

7.2 Summit commended the SADC Mediator, H.E. Joaquim Chissano, Former President of the Republic of Mozambique for his efforts towards the return of the country to constitutional normalcy.

7.3 Summit urged all parties in Madagascar to respect the Electoral Calendar as provided by the Independent Electoral Commission (CENI-T) and endorsed by the United Nations (UN).

7.4 Summit re-iterated its Decision not to recognize the outcome of any election results which would include the candidates who presented their candidatures in violation of the constitution and the Electoral Law of Madagascar.

7.5 Summit urged the International Community to continue to exert political and diplomatic pressure on the three illegitimate presidential candidates, to withdraw their candidatures for the sake of peace and stability in Madagascar.

7.6 Summit also urged the International Community not to recognize the outcome of any election results which would include the candidates who presented their candidatures in violation of the constitution and the Electoral Law of Madagascar.

8. On Zimbabwe

8.1 Summit received a progress report on the implementation of the Global Political Agreement (GPA) from H.E. Jacob Zuma, President of the Republic of South Africa and the SADC Facilitator on Zimbabwe Political Dialogue.

8.2 Summit also received reports from the parties to the GPA.

8.3 Summit commended H.E. Jacob Zuma, President of the Republic of South Africa and the SADC Facilitator on Zimbabwe Political Dialogue for his efforts in ensuring the full implementation of the GPA in Zimbabwe.

8.4 Summit endorsed the report of the Facilitator and its recommendations which includes, among others, the following issues
(i) Media Reform;
(ii) Upholding the Rule of Law;
(iii) The role of the Joint Monitoring and Implementation Committee (JOMIC);
(iv) Election Date, Validity of Electoral Regulations; and
(v) Deployment of SADC observers.

8.5 Summit acknowledged the ruling of the Constitutional Court of Zimbabwe on the elections date and agreed on the need for the Government of Zimbabwe to engage the Constitutional Court to seek more time beyond 31 July 2013 deadline for holding the Harmonized Elections.

8.6 Summit urged the three Parties to the GPA to undertake immediate measures to create a conducive environment for the holding of peaceful, credible, free and fair elections.

9. Summit wished H.E Nelson Rolihlahla Mandela, former President of the Republic of South Africa a speedy recovery.

10. Summit expressed its gratitude to H.E Armando Emílio Guebuza, President of the Republic of Mozambique and the Chairperson of SADC, for convening the Extraordinary Summit.

Done in
Maputo, Republic of Mozambique
15 June, 2013

Wednesday, 19 June 2013

#G8, Lough Erne Declaration, a panacea for Africa?

First things first, here is the declaration as copy-pasted from Zitto Kabwe's blog. Remember, Zitto has been quoted as one of the persons leading the discussions with the hashtag #G8 especially when it comes to Taxes (10th position) and transparency (2n position) by Portland Communication

LOUGH ERNE DECLARATION #G8

Private enterprise drives growth, reduces poverty, and creates jobs and prosperity for people around the world. Governments have a special responsibility to make proper rules and promote good governance. Fair taxes, increased transparency and open trade are vital drivers of this. We will make a real difference by doing the following:
1. Tax authorities across the world should automatically share information to fight the scourge of tax evasion.
2. Countries should change rules that let companies shift their profits across borders to avoid taxes, and multinationals should report to tax authorities what tax they pay where.
3. Companies should know who really owns them and tax collectors and law enforcers should be able to obtain this information easily.
4. Developing countries should have the information and capacity to collect the taxes owed them – and other countries have a duty to help them.
5. Extractive companies should report payments to all governments – and governments should publish income from such companies.
6. Minerals should be sourced legitimately, not plundered from conflict zones.
7. Land transactions should be transparent, respecting the property rights of local communities.
8. Governments should roll back protectionism and agree new trade deals that boost jobs and growth worldwide.
9. Governments should cut wasteful bureaucracy at borders and make it easier and quicker to move goods between developing countries.
10. Governments should publish information on laws, budgets, spending, national statistics, elections and government contracts in a way that is easy to read and re-use, so that citizens can hold them to account.

Source

________________________ End of Zitto Kabwe's post _________________________________

Now let's read this reaction "a chaud" from the UK-based NGO ActionAid:

ActionAid spokesperson Soren Ambrose said: "Today the G8 has shuffled a few inches towards progress on tackling tax dodging but there is still a long way to go before poor countries will be able to access the resources that are rightfully theirs.

“The G8 has talked a good game on tax dodging, and there has certainly been a breakthrough in the leaders’ recognition of its impact on developing countries. It’s good to see that our campaign on the damage done by tax havens has at least pushed rich countries to start helping themselves with systematic collection and sharing of information.

“But actions speak louder than words. We had high hopes that this G8 Summit would deliver significant reforms to the broken tax system which would help poor just as much as rich countries. Developing countries lose billions of dollars in vital revenues to tax dodging every year. But instead of making sure that they can hold on to this badly needed revenue, the G8 has helped itself and left the rest of the world without the rapid advance it needs.

"The G8 insists their new tax information sharing deal needs to include all countries including the poorest, and this is a welcome shift from cosy tax deals for rich countries alone. But they’ve made no concrete commitments yet to ensure that this will really happen or that tax havens will sign up. We still risk a two tier tax system emerging, with developing countries left trailing.

“On ending secret company ownership we have been told that black is white – more secrecy is really more openness. Some countries will gather more information on who really owns what, yet this may still be kept secret from those that need the information most. This strays very far from what Thabo Mbeki and his African Union panel are calling for to help reverse the illicit financial flows from the continent. It is vital that such information is made publicly accessible.

“We are heartened, however, that the G8 has taken steps toward requiring companies to report on the profits they make and the taxes they pay in each country where they operate. If this is taken forward in an enforceable, public way, developing countries will realize real benefits.

"There remains a mountain to climb when it comes to ending the global scourge of tax dodging. We have inched into the foothills but have not yet begun the ascent. World leaders must now increase the pace and we look to the G20 Summit in St Petersburg in September as the next port of call in the path towards progress."

Ends

Editors' notes
Jane Moyo | Head of Media Relations | ActionAid UK

TEL: +44 (0)20 3122 0635 | MOB: +44 (0)7734 023347

__________________________________ End of ChristianAid's article_________________________

My question of course is: what impact would this have on the resource curse in the DRC? I end this post with a good read from Dr. Aikande's website: The #G8 changed agenda from "Aid" to "Tax Reforms" is what Africa needs.

Monday, 8 April 2013

Building State Capacity in the DRC


This paper was Prepared by Ms. Soraya Aziz Souleymane, for presentation at a conference entitled “Recent Developments in the Democratic Republic of Congo: Local, Regional, and International Perspectives” held on February 25th-26th 2013 organized by the Great Lakes Policy Forum, and held at the Council on Foreign Relations and Johns’ Hopkins University’s Nitze School of Advanced International Studies in Washington, DC. The views presented are her own, and do not necessarily represent the views of the Forum, the host institutions, or any other structure.
(The original document can bbe downloaded Here)

Abstract.

The DRC is experiencing one of the deadliest wars ever. While significant efforts were noticed in the past few years, many observers have flagged the deterioration of the situation since the past elections. One of the reasons is the lack of state capacity to enforce law and order and to deliver services. It is a common challenge for state building in post conflict situations. In this document we respond to four essential questions on capacity building in the Congo: what is the problem, what can be done about it, where to start and what can the USA and other countries do to help the DRC and its people.

About the Author
Ms. Soraya Aziz Souleymane is a rising academic and promising professional in the mining industry as well as development fields in the DRC. She is the Community Relations Manager of Banro Corporation, a Canadian Mining Company operating in the eastern the Democratic Republic of the Congo (Maniema and South Kivu), a company employing her for the last six years. At 29 years, she won the youth leadership competition organised by the Congolese Civil Society, a tittle she holds since 2011. In July the same year she was awarded the British Chevening Scholarship. She holds a Masters in Development Studies from the Institute of Development Studies (IDS), hosted at the University of Sussex, England. This Masters comes in addition to a postgraduate degree in International Relations specialised in conflict resolution and international relations completed in Kenya. Most of her academic papers were about Conflict resolutions and governance in the DRC.
To Contact Soraya Via the GLPF:
http://www.sfcg.org/events/glpf_about.html

“Building State Capacity in the DRC:” Remarks Prepared by Ms. Soraya Aziz Souleymane


The Problem
The DRC is a vast country, located at the center of the African continent. The country is 2,354,000 square km and is divided in 11 provinces, which include the province-city of Kinshasa, home to 12% of the population.
For the past century the DRC went successively through brutal colonisation by Belgium, a failed transition to independence (Fought by heroes like Patrice Lumumba), 35 years of dictatorship under Mobutu, and a civil war during Laurent Desire Kabila (who overthrow Mobutu through a rebellion) and Joseph Kabila.Today, the country is still experiencing war and the State authority fails to impose order and security throughout the country.

One ot the consequences of this troubled history is that the state has never built its public services in a way that they could carry their mission (serve the population) but in an oppressive manner that reaps the population from what they are supposed to provide because it has been built in a way that benefits the few ruling class. The security brings insecurities, the mining department participates in the smuggling, the road department makes it difficult for road infrastructure users to use the roads etc.

The last elections of 2011 were not well conducted. Many reputed institutions and observers have reported massive frauds. This has weakened further the legitimacy of the government in power. The government was proclaimed 3 month after the electoral results, and its composition was more an acrobatic distribution of power within the presidential coalition than a competent team of technocrats and experts capable of bringing the country out of the current situation and competently face the challenges that exist on the ground.

In the absence of a cohesive and nationwide state authority, it is not unusual to see some public services acting autonomously, particularly in remote areas, collecting –sometimes illegal- taxes for personal benefits. Corruption has become the norm, be it used for survival or in the absence of remuneration or a reward to build a circle of “loyalty” around power holders.
The state as people understand it from books is very different from what Congolese see.
The aim of this document is to understand how the US and any friend country can help the DRC State to enforce its capacity and serve its people.

These problems are known and various actors have tried to solve them with very limited success. State building is a very long process and its results can only start to be seen decades after the first efforts take place. Some of the common challenges faced in building State capacity in the Congo have included:
• Funds mismanagement (State, Civil Society, NGO)
• Access to the poorest
• Security
• Bureaucracy
• Lack of baseline data
• Lack of strong leadership and demonstrated political will

Since the question of Security is part of the Conference agenda as a topic of its own, mentions of security in this document will be very superficial. It is nevertheless important to understand that Security is part of the problem and that without the necessary security strategies and their implementations, the recommendations of this presentation are not likely to produce the expected results.

What to do?
The problems observed are the results of three main factors: The institutions that represent the State, the people working in these institutions, and the mission of the institutions.

1. The State. To build some form of legitimacy it is important for the current government to open up to dialogue with parties from the opposition and the civil society. This has started to take place under the guidance of NDI, but unfortunately there government is sabotaging the efforts by politicizing the initiative, and even suggesting that the national dialogue should take place in a foreign country (Congo Brazzaville). The government has given the initiative to the rulling party and this weakens further its legitimacy. For the initiative to succeed it must be run under the moderation of an international actor trusted by both parties but the initiative should be a national initiative, under the responsibility of the government, not the ruling party.

2. The institutions: As we said, the institutions sometimes act autonomously. This is sometimes due to their own greed but most of the time because the administrative process that links them to their hierarchy is obsolete. In the Congo there are very poor infrastructures, there is almost no landline and public offices, most of the time, don’t have a communication budget. This means that communication from an office to another is done via mail, wrote on Olivetti typewriter. How can we expect to see any efficiency in the system when offices can’t communicate among themselves? It is not unusual for a client to inform the public servant of new rules and regulations in the very sector that the public officer is working in. If they act autonomously it is because the over-centralised bureaucracy of State offices is far more complicated to implement. It is therefore important that the constitution of 2005 is implemented. This constitution allows a greater decentralisation and brings the decision making level closer to the people.
Still on institutions, one of the institution that has kept its authority on people, especially in rural areas is the traditional system. It is also important that the traditional system is taken into consideration while rebuilding State Capacities. These leaders must be the representatives of the state at the local level and participate in the provision of public services.

3. The Staff: one of the things that must be decentralised is the recruitment of staff. A public sector reform was initiated in 2006 but did not produce the expected results as the program was terminated before the end. One of the key things the reform unveiled was that almost half of the civil servant were fictive, while another good number of people working in public offices did not exist in the official books and were appointed locally, paid with corruption money. If the decentralisation comes in place and the staff is recruited and paiyed locally, the State will have a better control and the monitoring mechanism will become easier to implement and tougher to cheat on. Furthermore, the training and motivation programs will be adapted to the specific needs of each entity. A chieftainship, for example, is a decentralised entity. Each traditional leader knows his/her entity, the problems and the solutions; he interacts with his population on a day to day basis. Identifying the training required for his staff will be easier than if this task was carried out by someone else from the province capital or from Kinshasa.

4. The missions. Institutions with competent staff and a well-defined vision, with enough decision making power and population participation will deliver better services to the population. It is important to redesign the mission of the public offices in a way that it is accountable to the population. This will be achieved if the civil servants and their clients (the population) hold series of workshop to redefine the vision of the public services and the way in which they carry their activities. The same exercise should be held with their hierarchy to ensure the local expectations are aligned to the national standard and national vision.

Where to start?
One has to start at the most important and urgent points by carefully managing the scarce resources, and progressively encouraging a domino effect in other sectors.

1. Security. The reform of the army and restoration of a clear chain of command is important. Equally important is the security of people and the insurance that the can work and invest safely.

2. Health and education. The Country will not develop if it keeps ignoring the health and education of its population. Because most of the time the State cannot compete with the generous packages offered by the private sector, the hundreds of thousands civil servant will be what the market has in the bottom of its basket, and the elite. To counter this, it is important that educated people are available in such a number as even the state can afford excellent quality economists, agronomists, lawyers, doctors and nurses, accountants and other skills to run the State activities. For the same reasons, it is important to keep the population healthy and avoid tragedies whereby the scarce resource’s allocated to health programs are all used for treatment, with nothing left fro prevention, infrastructures, training, remunerations and researches.

3. Economic reforms: More than 70% of economic activities in the DRC take place in the informal sector. Unfortunately the state lacks capacity to maximize the opportunities that these activities represent for the national economy. The current focus of the central government is the “cadre macroeconomic”, a word too often repeated but which results are overdue for the population (dixit resident Joseph Kabila). What could make a direct impact is a mechanism whereby the country can regulate the micro economic level, collect taxes and use this money to improve the conditions for these activities to take place in a more beneficial manner (eg: training, microfinance schemes, incentives etc). Again, this would require a throughout review of the rules, regulation and staff working in the sector, eventually with creation of ad hoc institutions to assist small economic operators.

4. Tax collection and participatory management. The province of South Kivu has been introduced as a pilot province the participatory budget approach. This project assisted by the World Bank encourages the local government to include the local population in the public management from the tax collection to the fund allocation. Any project is also selected by the population, the tender process is monitored and the implementation overseen by special committee composed of voluntaries. It is a very good model of governance and democracy. However, the success of the project is limited due to lack of funds. All the taxes collected locally are sent to the central government and 40% should come back to the local government for implementation and this money, so far, has never been returned. The money instead is used for expenses in Kinshasa, far from the tax payer. It is imperative for the Government to assist and strengthen the participatory budget program of the South Kivu by returning the 40% to the provinces, as per the constitution, and to extend the program to other provinces as soon as possible.

5. Infrastructures (Roads and bridges, electricity): In order to enforce the state authority, a country needs a good road network. There is a correlation between Security, State authority enforcement and road access. As a development practitioner I have monitored and evaluated the impact of some road in rural areas. Up until recently the government has put a lot of efforts to fix roads in cities, but not in rural areas where they are needed the most. It is encouraging that there is a national program to open up some National Roads but this program is very limited as it comes as a loan through the World Bank. Other means of financing infrastructure projects exist. The most common and efficient one would be a public private partnership on a build-operate- Transfer model. This model will not necessary benefit to the poorest at first (vast majority of the population), but it is a starting point because once the transfer happens, the infrastructure exists for the benefit of all. Another way to make the poorest benefit is for the government to take part of the operation charges in its budget, as it does with health and education when contracted by Religious Organisation.

What can the US and other countries do to help?
1. Because the current government lacks enough legitimacy to rule, force the DRC central government to form a constitutional implementation commission with members from the Civil Society, political parties and elders of the nation to oversee the decentralisation process, with a timeline and budget.

2. Aid, if any, must be canalised through local governments. The Civil Society must not be seen as an alternative to the Government in delivering public services, but a monitoring body with whistleblowing capacity. Any assistance to the civil society should be in the governance sector.

3. Direct training programs with civil servant (including those in the police and justice) straight at the local levels, focussing on the needs of various entities, rather than nationwide programs that do not respond to specific problems.

About the Great Lakes Policy Forum
Since 1995, the Great Lakes Policy Forum has aimed to keep the Great Lakes on the agenda of policy makers and provide a platform where Government, NGOs, academics, and the Diaspora can come together to search cooperatively for solutions to conflicts in the region. The Forum is presented by some of the leading NGO and academic voices on the Great Lakes in the Washington, DC area.
Our participants include members of the NGO community, the diplomatic corps, international organizations such as the United Nations, and representatives from USAID and the State Department. Participants have used the GLPF to present reports on their activities and to advocate for a more consistent and cohesive policy in the Great Lakes. One of the primary goals is to encourage a broader dialogue between NGOs, academics, regional experts, international organizations, and policy makers on particular issues. Such dialogue can lead to a greater understanding of the dynamics of the region’s conflicts, the key players involved, and the regional dimension of envisioned solutions for sustainable peace in the Great Lakes.

The GLPF is led by a committee of Principals, and coordinated by Search for Common Ground, an international conflict transformation organization active in the region. Current members of the group of principals are:
• Amnesty International USA
• U.S. Holocaust Memorial Museum, Committee on Conscience
• Council on Foreign Relations, Center for Preventative Action,
• Nitze School of Advanced International Studies, Johns Hopkins University
• Refugees International
• Search for Common Ground
• U.S.Institute of Peace, Center for Conflict Analysis and Prevention
• Woodrow Wilson International Center for Scholars, Africa Program
To subscribe to our mailing list, please e-mail cdesbrosses@sfcg.org.
Additional support for this conference was provided by the National Endowment for Democracy and the World Movement for Democracy.

Thursday, 31 January 2013

What is Kabila targeting in the Mineral Conference of Lubumbashi?

In a meeting with various stakeholders, President Kabila said that “Congo must tighten controls on granting mining licences and fight corruption so that the country can benefit fully from rising copper production”.
This meeting organised in Lubumbashi/Katanga aims at “demonstrating the political will” of the government in reforming the mining sector in a way that “puts an end to the paradox which sees huge mining potential, and ever more intense mining activity, but only modest benefits for the state” since it has “negative consequences for the improvement of the population's living conditions”.

Again, I am very disappointed by this speech. The meeting organisation itself is estimated at $ 800,000 from the Congolese taxpayers and this is just to “demonstrate political will” leaving everybody, including the president, raising the question of implementation.

In his ten years of rule President Kabila has initiated through his government several actions to clean up the mining sector, in vain! Again, in this meeting he has suggested decisions that sound good to the participants (or maybe not) but nobody can really tell what has informed these decisions. His Minister of employment, Mr Modeste Bahati Lukwebo said: "We have to put an end to all of that, they are just adventurers. What we've got to do is invite the big mining and oil companies, then everyone will know who they are". Is that a valid reason to choose who invests in the DRC? Will those companies risk investing in the Congo with all the problems we have?

Most of the problems of the mining sector in the Congo come from the Congolese government itself. In an old publication (available on request through the comment box), I analysed the problems of the mining sector in the DRC with a particular focus on the resource cursed South Kivu and its opaque gold mining industry, and proposed some solutions to the problem. This is to say I am intimate with this debate.

Most countries that currently depend heavily on natural resource rents or have the potential of doing so are characterised as being on one of several developmental trajectories. Whilst some countries appear to have worked out a path to relative prosperity, others have suffered from decades of poor governance, conflict, and impoverishment and appear to be on the downward spiral that typifies the conventional understanding of the resource curse. In the DRC, mining represents a critical sector for the development of the country. The mining sector has dominated the DRC’s economy since the early 1920s (World Bank, 2010).
The promise of riches from the mining sector is massive.

However, the extraction of these natural resources can disappoint if this is not properly managed. Political unrest can also render resource-producing and-consuming areas vulnerable to extreme commodity price volatility and supply uncertainty. The civil wars in the DRC did not only affect its citizens but also destabilised States thorough the continent particularly those which have been drawn into its civil wars in recent years. To some extent, peace has returned to most part of the country and the Government is facing significant challenges to re-establish industrial production and bring order to the artisanal and small scale mining sector. This is more needed in the South Kivu region where competition for minerals among mining companies, armed groups and indivisuals has been fuelling conflicts and violence with mining companies obtaining concessions to extract gold in the region.So, what should we do?


In the current DRC’s governance system, non-state and state actors collude for profit to the detriment of local communities and the central government. In its current form, the governance system does not provide a suitable framework for the mining sector to fulfil its poverty reducing potential. At the same time, informal and sometimes illegal practices, such as illegal taxation of the sector, remains ubiquitous. This provides operational and economic space for unsavory elements, which has adverse consequences for the security situation in mining zones.

The governance system thus requires reform. While the proliferation of stakeholders means that trust building - one of the central pillars of governance reform – is a challenge, it is essential to identify champions on the local, provincial, national and international level, with the aim of building multi-stakeholder platform for change. For a reform process to stand a chance of success, the state institutions’ capacities need to increase, so as to effectively regulate and provide assistance to all the stakeholders involved. The mining companies have to accept their responsibility and support a governance reform process.

Whatever the model chosen, there is an urgent need to decentralise the mining sector, particularly the inspections, budgeting, human resource and leave only the negotiation to be conducted at the national level, provided that these negotiations are open and transparent. There is a need to separate between the local government representative and the local community representative, preferably with the traditional authority being seen as the government authority and true grassroots leadership organised to check and balance what the traditional authority does. Disambiguation between provincial ministries and divisions should be removed and clarify the roles of the organs involved, particularly with regard to the mining inspections and the roles of each organs. The establishment of a platform involving all key stakeholders is desirable as it would allow them to air their interests.

If I was the president of the Democratic republic of the Congo, or a member of its government with this question in my portfolio, this is what I would have said in the conference, and not limit myself to “demonstrating some political will” and not knowing where, when and how somebody not yet identified would actually propose and implement changes. These uninformed affirmations are just increasing on the insecure climate of investment in the mining sector in the DRC and will certainly not attract the "big mineral and oil companies" expected by the Minister of Labor.