Tuesday, October 23, 2012
Allegations Of Rwandan Complicity Go Back a decade
The Rwandan government is vociferously denying that it has anything to do with the M23 rebellion. These are lies, it says, being spread by a group of experts wedded to a poisonous anti-Rwandan agenda. In recent months, however, Human Rights Watch, Amnesty International, and the International Crisis Group have all advanced similar claims. Rwanda, they say, is heavily involved in funding, arming, and directing the rebels. Prior UN reports, composed of different groups of experts, have also reached similar conclusions. In fact, Rwanda's history of plundering Congo's resources and committing atrocities on its soil are among the most well-documented human rights violations of our time.
Here are selections from a few of those reports:
Here are selections from a few of those reports:
12 April 2001
Illegal exploitation of the mineral and forest resources of
the Democratic Republic of the Congo is taking place at an alarming rate. Two
phases can be distinguished: mass-scale looting and the systematic and systemic
exploitation of natural resources.
Mass-scale
looting. During
this first phase, stockpiles of minerals, coffee, wood, livestock and money
that were available in territories conquered by the armies of Burundi, Rwanda
and Uganda were taken, and either transferred to those countries or exported to
international markets by their forces and nationals.
Systematic
and systemic exploitation. Planning and organization were required for this phase. The systematic
exploitation flourished because of the pre-existing structures developed during
the conquest of power of the Alliance of Democratic Forces for the Liberation
of Congo-Zaire. These pre-existing structures were improved over time and new
networks for channelling extracted resources were put in place. However, the
systemic exploitation used the existing systems of control established by
Rwanda and Uganda. In both cases, exploitation was often carried out in
violation of the sovereignty of the Democratic Republic of the Congo, the
national legislation and sometimes international law, and it led to illicit
activities. Key individual actors including top army commanders and businessmen
on the one hand, and government structures on the other, have been the engines
of this systematic and systemic exploitation.
The
consequence of illegal exploitation has been twofold: (a) massive availability
of financial resources for the Rwandan Patriotic Army, and the individual
enrichment of top Ugandan military commanders and civilians;
Sunday, October 21, 2012
Wall Street Journal Confirms ad hominen Nature of Akin Gump Attack on Hege
The Wall Street Journal reports that the law firm Akin Gump, hired by the Rwandan government to review the UN Government of Experts report on the rebellions in eastern Congo, did not limit its attack to the substance of the allegations, but instead went after the personal credibility of its chair, Steve Hege:
In its review to be delivered to the U.N. sanctions committee Friday, Akin Gump, the law firm hired by the Rwandan government, takes direct aim at the authors of the U.N. independent report, primarily its coordinator Steve Hege, calling him biased against Rwanda and therefore "unfit to continue in his current position."Let me reiterate that I am astonished that a major law firm would stoop to this level. Law firms of Akin Gump's caliber are allergic to publicity and assiduous about protecting their reputation. Nobody wants to be known at their law school reunion as the guy who trashed the personal reputation of a human rights investigator on behalf of a regime guilty of mass murder.
It also says the group didn't provide Rwandan officials with sufficient opportunity to address the findings before they were submitted to the U.N., in several updates in recent months as well as the final report to be delivered Friday, nor did it include what the government did submit.
Mr. Hege declined to comment, citing U.N. policy. An earlier addendum from the Group of Experts said, "The Group has made extensive efforts to engage with the Rwandan government regarding its findings, with some limited success." It added that during an official visit in mid-May by the group to Kigali, the Rwandan capital, the government "didn't receive them in any substantive meetings to discuss these issues."
Friday, October 19, 2012
Conflict Gorillas
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| Photograph: Eric afforgue/Gamma- Rapho/Getty Images |
So say what you will about the M23. They might be guilty of rape, murder, and pillage, but at least they are good conservationists. The government, on the other hand....
The Chumps at Akin Gump
So Rwanda is reported to have hired the law firm Akin Gump to pursue legal action against the UN Group of Experts and its chief, Steve Hege, in particular. I have had my own quarrel with the GoE, as seen here, but this strikes me as an alarming development. A major law firm can land on your back like a load of bricks. What if governments routinely start to hire law firms to attack people who are critical of them? Will the staff at Human Rights Watch or Amnesty International be next? What about journalists? Or university professors? And precisely what line won't those law firms cross in pursuit of their quarry?
Not surprisingly, the firm refused to answer questions about its work for the Rwandan government, or about much of anything else for that matter. When I spoke to Ben Harris, their director of communication, he told me I should direct all questions about Akin Gump's work to the Rwandan mission at the UN.
Rwandan Foreign Minister Louise Mushikiwabo, speaking yesterday to New York based Metro Newspaper, had tough words for the UN Group of Experts, and in particular its coordinator, Steven Hege.Listen, I'd go to the stake to defend a lawyer's right to defend a client at law, but applying your skills on behalf of a regime alleged to have committed mass murder by attacking the integrity of the people investigating those allegations seems to me to be dirty pool. It's reminiscent of the Scientologists' approach to their critics, and not something I would think a major law firm would want to be associated with. So I gave Akin Gump a call.
"We will not take this kind of treatment lying down," Mushikiwabo stated.
The Foreign Minister categorically stated that Hege's long history of opposition towards the Rwandan government is well documented and that the panel has been "hijacked" by his political agenda.
She also revealed that in order to clarify matters once and for all, the government had retained the services of Washington, D.C., law firm Akin Gump to review Mr. Hege's prior writings on Rwanda, which carried out extensive research into Hege's writings and concluded that his placement as chair of the committee was questionable at the very least.
Not surprisingly, the firm refused to answer questions about its work for the Rwandan government, or about much of anything else for that matter. When I spoke to Ben Harris, their director of communication, he told me I should direct all questions about Akin Gump's work to the Rwandan mission at the UN.
Me: "So to be clear, Akin Gump has done some work for Rwanda?"Clearly not one of Akin Gump's proudest moments. I can only hope that the inherent conservatism and code of honor that prevails at most big law firms will prevent this from becoming a trend. Otherwise, we could witnessing a chilling new development for journalists and human rights investigators.
Gump: "I have no comment for you. Direct your questions to them."
Me: "Has Akin Gump worked for the Rwandan government for long, or was this a one-off event?"
Gump: "I have no comment for you."
Me: "Does Akin Gump represent other, non-democratic leaders in Africa?"
Gump: "Again, you need to direct your questions to the Rwandan mission."
Me: "But this is specifically about Akin Gump. Does it work for other African dictators?"
Gump: "I told you I have no comment. I think you can see where this is going."
Me: "But I'm just wondering, given the prominence with which Akin Gump trumpets its commitment to ethics and integrity, how you square that with--"
Gump: "Goodbye."
Thursday, October 18, 2012
Quote of the Day
From Stephen Walt, no one's idea of an ignoramus, talking about how he felt while reading Howard French's article in the New York Review of Books about the wars in the DRC:
I was aware of this conflict, of course, but as I read French's essay, I realized that I knew very little about its origins, evolution, or the prospects for ending it. I'm a full-time professional in the field of international relations and security studies, and I teach an undergraduate course on "the origins of modern wars" here at Harvard. I go to seminars on various international relations topics almost every week. And yet I knew next-to-nothing about the greatest international bloodletting of my lifetime.This is a stale quote, but I just came upon it while searching for something else. It certainly corresponds to my experience. While I was working at the US Institute of Peace, for example, there was almost no interest in or knowledge about the conflicts in the Congo. Despite: a) the fact that the institute was putatively dedicated to world peace, and the wars in the Congo are the deadliest since WW II; and b) the fact that the Institute was staffed by highly intelligent professionals, many (but not all of whom) had experience in the various agencies of the government's national security apparatus, from the US air force to the State Department to the CIA.
The Conflict Mineral Curse
This from press accounts regarding the leaked Group of Experts report, which I have not yet seen:
Let me remind you of this, particularly items 3 & 4.
But profits by armed groups from trade in tin, tungsten and tantalum have been dented by a 2010 U.S. law requiring companies to disclose if they use minerals from the Congo. The U.S. Securities and Exchange Commission approved guidelines in August to enforce the conflict minerals law.
Companies need to conduct a due diligence check to track minerals through the supply chain to their origins to identify if any conflict minerals were used in their products.
The 44-page report by the U.N. Security Council's Group of Experts - a panel monitoring compliance with U.N. sanctions and an arms embargo for Congo - said those profiting from the conflict mineral trade had easily adapted to the drop in price for some resources by shifting their focus to gold.
Let me remind you of this, particularly items 3 & 4.
Wednesday, October 17, 2012
Mbote!
This was cute. A French TV show about Hollande's trip to DRC. I don't really know anything about Le Petit Journal, but the comic irreverence was a nice change of pace from the "heart of darkness" approach (some) American journos take.
Four more NGOs Outed as Sleeper Agents for the Chamber of Commerce
In yet another demonstration of its sinister reach and influence, four more NGOs outed themselves last month as sleeper agents for the US Chamber of Commerce. The NGOs, including two based in England, one at the UN and the fourth in South Africa, all produced reports critical of Dodd-Frank 1502.
In writing about the negative impact the law has had on local communities in eastern Congo, they join numerous other seemingly legitimate scholars and NGOs who have thrown their lot in with the all-powerful Chamber, the earthly representative of the god Mammon. "We must not underestimate the scale of the Chamber's influence," said Enough founder John Prendergast. "Not only has it penetrated seemingly legitimate organizations all over the world, it did so decades before anyone knew what they were up to."
International Alert
Ending the Deadlock: Towards a New Vision of Peace in Eastern DRC
September 2012
by Alexis Bouvy and Maria Lange
The issue of conflict minerals has long been at the heart of the international debate about the priority steps to be taken for peace in eastern DRC. The links between mineral exploitation and the financing of armed groups were officially established by the UN panel in 2001. However, mining traceability and due diligence initiatives started gaining momentum in the run-up to the July 2010 adoption of the US Dodd-Frank Act/Section 1502 on “Conflict Minerals”. This law aims at stopping the exploitation and trade of minerals fuelling conflict and human rights abuses. Section 1502 requires companies reporting to the US Securities and Exchange Commission to disclose their use of minerals originating from DRC or neighbouring countries. This means that companies have to spend huge sums on audits to ensure minerals in their supply chain are not sourced from DRC; if they do source there, the companies have to provide evidence that they have done everything possible to avoid these minerals funding armed groups. ...
A major unintended consequence of Section 1502 has been to reduce the income of those generating a livelihood from the mineral trade (artisanal miners, transporters and traders), along with those working in other economic sectors that rely on the cashflow generated by the mining sector. The mining sector is a crucial part of the economy of North and South Kivu provinces, both in terms of provincial taxes and populations’ livelihoods. However meagre the income is, most people making a living in this sector do not have alternative sources of income or livelihood. This is in a context where insecurity continues to prevent the development of the agricultural sector which in the past – at least in North Kivu – was a more significant economic sector than the mining sector. Rather than addressing the funding of armed groups, the unintended result of the Act could be to reinforce smuggling networks and illegal economic activity, which undermines the implementation of traceability and certification initiatives.
Chatham House
Conflict Minerals: The Search for a Normative Framework
by Louise Arimatsu and Hemi Mistry
September 2012
As some experts have noted, the oversimplification of the causes of armed conflict or of endemic violence in post-conflict environments such as the DRC has often led to the introduction of inappropriate and, occasionally bad, law. Section 1502 of the Dodd-Frank Act has not only come under attack by its critics for simply being bad law, but even its supporters have raised a number of concerns with the terms of the provision; whether the standards demanded are even achievable, because not practicable; whether the demands set forth in the provision are such that the risk of reputational damage as a consequence of inadvertently violating the statutory requirement are too high; and whether the cost of the disclosure requirements are so prohibitive that businesses simply can no longer afford to source from the DRC. The SEC has estimated that the initial cost of compliance will be approximately US$3–$4 billion, while the annual cost of ongoing compliance is likely to be between $207 and $609 million. But setting aside both costand risk to US businesses, are these drawbacks outweighed by the potential benefits that the legislation seeks to deliver?
The United Nations University
by Estelle Levin, Cristina Villegas et als
Institute for Security Studies
Addressing the "Conflict Minerals" Crisis in the Great Lakes Region
September 2012
by Andrews Atta‐Asamoah and Nyambura Githaiga
The year 2011 heralded the convergence of various initiatives seeking to curtail the financing of conflict in the Great Lakes region through the illegal exploitation of minerals. The combined effect of seeking to comply with the various processes has had significant implications at the national, regional and international levels by altering the dynamics of mineral exploitation in the region in both positive and negative ways. The positive impact has been in the area of the immense contribution of the initiatives to increased awareness of the role of illegally exploited minerals in financing conflict in the region and the need for various stakeholders to exercise responsibility in the sourcing and trading of minerals so as not to inadvertently fuel insecurity. On the flip side, however, this increased awareness has led to the labelling of minerals from the region, particularly gold, tin, tantalum and tungsten, as potential conflict minerals. While this has been important in boosting efforts at minimising conflict financing through the exploitation of minerals, the ‘conflict mineral’ label associated with the region has led to interrupted demand for minerals from the Great Lakes, the closure of some businesses dealing with the purchase and export of minerals, the loss of employment and a reduction in income within the local economy, and ultimately threatens to negatively reinforce the crisis created by the various conflicts in the region if nothing is done to stem the trend of unintended consequences.
In writing about the negative impact the law has had on local communities in eastern Congo, they join numerous other seemingly legitimate scholars and NGOs who have thrown their lot in with the all-powerful Chamber, the earthly representative of the god Mammon. "We must not underestimate the scale of the Chamber's influence," said Enough founder John Prendergast. "Not only has it penetrated seemingly legitimate organizations all over the world, it did so decades before anyone knew what they were up to."
International Alert
Ending the Deadlock: Towards a New Vision of Peace in Eastern DRC
September 2012
by Alexis Bouvy and Maria Lange
The issue of conflict minerals has long been at the heart of the international debate about the priority steps to be taken for peace in eastern DRC. The links between mineral exploitation and the financing of armed groups were officially established by the UN panel in 2001. However, mining traceability and due diligence initiatives started gaining momentum in the run-up to the July 2010 adoption of the US Dodd-Frank Act/Section 1502 on “Conflict Minerals”. This law aims at stopping the exploitation and trade of minerals fuelling conflict and human rights abuses. Section 1502 requires companies reporting to the US Securities and Exchange Commission to disclose their use of minerals originating from DRC or neighbouring countries. This means that companies have to spend huge sums on audits to ensure minerals in their supply chain are not sourced from DRC; if they do source there, the companies have to provide evidence that they have done everything possible to avoid these minerals funding armed groups. ...
A major unintended consequence of Section 1502 has been to reduce the income of those generating a livelihood from the mineral trade (artisanal miners, transporters and traders), along with those working in other economic sectors that rely on the cashflow generated by the mining sector. The mining sector is a crucial part of the economy of North and South Kivu provinces, both in terms of provincial taxes and populations’ livelihoods. However meagre the income is, most people making a living in this sector do not have alternative sources of income or livelihood. This is in a context where insecurity continues to prevent the development of the agricultural sector which in the past – at least in North Kivu – was a more significant economic sector than the mining sector. Rather than addressing the funding of armed groups, the unintended result of the Act could be to reinforce smuggling networks and illegal economic activity, which undermines the implementation of traceability and certification initiatives.
Chatham House
Conflict Minerals: The Search for a Normative Framework
by Louise Arimatsu and Hemi Mistry
September 2012
As some experts have noted, the oversimplification of the causes of armed conflict or of endemic violence in post-conflict environments such as the DRC has often led to the introduction of inappropriate and, occasionally bad, law. Section 1502 of the Dodd-Frank Act has not only come under attack by its critics for simply being bad law, but even its supporters have raised a number of concerns with the terms of the provision; whether the standards demanded are even achievable, because not practicable; whether the demands set forth in the provision are such that the risk of reputational damage as a consequence of inadvertently violating the statutory requirement are too high; and whether the cost of the disclosure requirements are so prohibitive that businesses simply can no longer afford to source from the DRC. The SEC has estimated that the initial cost of compliance will be approximately US$3–$4 billion, while the annual cost of ongoing compliance is likely to be between $207 and $609 million. But setting aside both costand risk to US businesses, are these drawbacks outweighed by the potential benefits that the legislation seeks to deliver?
The initial signs are not reassuring since even before coming into operation, the Dodd-Frank Act has produced a number of unintended consequences of an adverse nature for mining communities in the eastern provinces. This was demonstrated by the events following the announcement by the EICC that, as from 1 April 2011, its membership would no longer permit purchases from refiners and smelters of tin, tantalum and tungsten that accepted material which did not comply with the regulatory requirement under section 1502. The announcement prompted an initial rush among traders to unload their stock with little concern as to whether any due diligence standards should be applied. Once the deadline had passed, traders in the Kivus and Maniema were unable to sell their remaining stock to those smelters and refineries that were seeking conflict-free smelter status under the CFS initiative. This left many traders with little choice but to sell to refiners and smelters not seeking CFS status, but at discounted prices. As revenue flows decreased, businesses were forced to close, unemployment rose, and poverty levels worsened.
The United Nations University
September 2012
There has been a lack of socio-economic impact assessment and risk management planning on the legislation’s effects within DRC and GLR. The de facto embargo has devastated markets for artisanally mined tin, tantalum and tungsten, removing ASM as a viable livelihood option for tens of thousands of miners and their families, forcing them to relocate in search of work opportunities, move into gold mining and also other, less preferable livelihoods to them as individuals but also to society, e.g., bushmeat hunting and charcoal making which pose serious threats to local and international ecological resilience.
Institute for Security Studies
Addressing the "Conflict Minerals" Crisis in the Great Lakes Region
September 2012
by Andrews Atta‐Asamoah and Nyambura Githaiga
The year 2011 heralded the convergence of various initiatives seeking to curtail the financing of conflict in the Great Lakes region through the illegal exploitation of minerals. The combined effect of seeking to comply with the various processes has had significant implications at the national, regional and international levels by altering the dynamics of mineral exploitation in the region in both positive and negative ways. The positive impact has been in the area of the immense contribution of the initiatives to increased awareness of the role of illegally exploited minerals in financing conflict in the region and the need for various stakeholders to exercise responsibility in the sourcing and trading of minerals so as not to inadvertently fuel insecurity. On the flip side, however, this increased awareness has led to the labelling of minerals from the region, particularly gold, tin, tantalum and tungsten, as potential conflict minerals. While this has been important in boosting efforts at minimising conflict financing through the exploitation of minerals, the ‘conflict mineral’ label associated with the region has led to interrupted demand for minerals from the Great Lakes, the closure of some businesses dealing with the purchase and export of minerals, the loss of employment and a reduction in income within the local economy, and ultimately threatens to negatively reinforce the crisis created by the various conflicts in the region if nothing is done to stem the trend of unintended consequences.
Tuesday, October 16, 2012
Why is Rwanda Supporting M23?
It's never been clear to me why Rwanda has been willing to pay so much diplomatic capital on its support for M23. A poll at Jambo News explores some possibilities:
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