UNION
POUR LA DÉMOCRATIE
ET LE PROGRÈS SOCIAL

TSHISEKEDI PEACE INITIATIVE: MEMORANDUM TO THE UN SECRETARY GENERAL

MEMORANDUM FROM THE FORCES OF THE DEMOCRATIC OPPOSITION IN THE DEMOCRATIC REPUBLIC OF CONGO (DRC)
LED BY
MR. ETIENNE TSHISEKEDI WA MULUMBA, PRIME MINISTER ELECTED AT THE SOVEREIGN NATIONAL CONFERENCE AND PRESIDENT OF THE UNION FOR DEMOCRACY AND SOCIAL PROGRESS (UDPS), TO THE UNITED NATIONS SECRETARY GENERAL AND THE INTERNATIONAL COMMUNITY CONCERNING A COMPREHENSIVE AND LASTING POLITICAL SETTLEMENT OF THE CRISIS IN THE DRC

Mr. Secretary General,

In my capacity as leader of the democratic opposition forces and the President of the UDPS, the main opposition party in the DRC I would like first to express to you my joy to see a son of Africa, your august person, preside over the destiny of the United Nations at the dawn of the twenty first century.

I wish you complete success, then, in your endeavors, and take this opportunity to present to you my sincere thanks, and through you, to all UN member States, for the interest and solidarity they manifest concerning the resolution of the grave and dangerous crisis that is presently imperiling my country and the whole of central Africa.

The present memorandum which I am honored to submit to you and to the international community in the name of all the forces of the Democratic Opposition in the DRC and our people, has as its purpose:

i) To expose the causes and the effects of the ongoing civil war and its regional ramifications.

ii) To present a plan for the political settlement of the crisis capable of gaining the overwhelming support of the population and the democratic political forces.

iii) To send an urgent and sincere appeal to you and the entire international community intended to seek support and set in motion a plan for the settlement of the political crisis as outlined below.

I. THE CAUSES AND EFFECTS OF THE PRESENT CIVIL WAR

A. The Causes of the War

1.- The causes of the crisis are found essentially within the DRC itself, namely the absence of democracy and a State of law, the violation of human rights and fundamental liberties, a chaotic and opaque management of state affairs, corruption, nepotism, the notorious incompetence of the principal political leaders of the country, etc...

2.- On account of the preceding, the government in place has not been capable of effectively controlling the eastern border with Uganda and Rwanda in order to prevent rebel forces of those two countries from using congolese territory as a rear base or access route to attack their countries.

It was also incapable of resolving certain problems of concern at the national level such as the nationality issue or land conflicts that regularly plunge into mourning the northern and southern provinces of Kivu in the east of the DRC.

3.- The democratic forces have consistently denounced this state of affairs and have called on President Kabila to undertake democratic and economic reforms in accordance with the plan elaborated by the Sovereign National Conference held in 1992 in order to create a strong and stable State capable of resolving national problems while being a good neighbor with adjacent States.

4.- After President Kabila refused to listen to these repeated calls and preferred, instead, methods of strengthening his personal power and autocratic rule, some of his domestic and foreign former allies took up arms against his regime. Other foreign countries came to the rescue of President Kabila to help him maintain his grip on power. For this reason, the civil war contains national and foreign dimensions to which it is necessary to find appropriate responses in order to achieve stable and durable peace in the DRC and in the Great Lakes Region.

B. The consequences of the civil war

5.- The disastrous effects of the war are well known. For the DRC these effects are made much worse because in time of peace the Kabila government was incapable of resolving the problems of the population. It is necessary to stress that the human rights situation is seriously affected by the war, not to mention the growing impoverishment of the population and other social hardships. This situation calls for a quick response from the democratic forces of the DRC and the international community in order to achieve peace and avoid a greater social catastrophe in the country and in the Great Lakes Region as well. The following plan for a political settlement of the crisis will, without undue difficulty, permit this result to be accomplished.

II. A PLAN FOR THE POLITICAL SETTLEMENT OF THE CRISIS IN DRC

6.- The position of the UDPS and all the forces of democratic change concerning the political settlement of the grave crisis which now imperils the DRC rests on the following fundamental principle: "There is no serious or defensible reason to send to their death the youth of our country and of the african countries involved militarily in the conflict, to waste uselessly the meager financial resources of the DRC and of other concerned african countries in an armed conflict, or to have peace gravely disturbed in the DRC and in the region by a political problem that is essentially internal to the DRC and could be resolved around a negotiating table by achieving a satisfactory comprehensive political settlement for all concerned parties."

7.- Taking into account the gravity and complexity of the ongoing armed conflict in the DRC and the real dangers it represents for peace and development in the country and the region, I am convinced that the solution should not be a military one and that there is a compelling necessity to reach an end to the hostilities and to conclude a comprehensive political settlement addressing the national and regional dimensions of the crisis, including all political forces representative of the country without exclusion, and having the benefit of an international guarantee.

8.- In order to reach such a comprehensive political settlement I publicly expressed, on August 23, 1998, my willingness to meet with President Kabila and leaders of the armed struggle based in GOMA. In the same line of thinking, I made an appeal to the international community and concerned african countries, making myself available for meeting with certain african and foreign leaders, in order to solicit their political and diplomatic support for a political settlement of the crisis under discussion.

Outline of the proposed plan for a comprehensive political settlement

9.- In the view of the forces of the democratic opposition, which I provide leadership for, the comprehensive political settlement to the crisis can be summarized as follows:

A. At the national level

10.- The causes of the crisis are rooted within the DRC itself, notably the absence of democracy and a State of law respectful of human rights and fundamental liberties, and a chaotic and opaque management of State affairs, and it is necessary to treat those causes seriously and without complacency in order to curb their negative effects at both national and regional levels.

11.- Therefor, the following plan is proposed at the national level:

A.1. The convening, under the auspices of the UN, the OAU and SADC, of negotiations including all representative and significant political forces of the country (the Kabila government, the democratic non-violent opposition, and the armed opposition).

A.2. The conclusion of a political accord anticipating:

A.2.1. The installment of a transitional Parliament.

A.2.2. The adoption by the Parliament of a constitution guaranteeing democratic and transparent management of power during a transition period which is to last 24 months, in keeping with the democratic principles elaborated by the Sovereign National Conference held in 1992.

A.2.3. The formation of a limited government of national unity accountable to the parliament. The government of national unity, like the parliament, should include all representative and significant political forces of the country.

A.2.4. The merging of the two armed forces which now confront each other on the ground, in order to create, with OAU and UN assistance, one single, national, and republican army that is accountable to a civil authourity.

A.2.5. The deployment of an international peace-keeping force, or intervention force, to enforce the cease-fire and to prevent combat from resuming, until free and democratic elections are held.

A.2.6. The creation of a group of observers of the peace accord.

A.2.7. The adoption of a realistic electoral calendar for the organization of elections at all levels, in order to allow our people to quickly endow themselves with leaders of their own choosing and, thereby, resolve the question of legitimacy of power in the country. It is understood that the organization of elections will be preceded by the adoption by the transitional Parliament of the definitive constitution which will be submitted to a popular referendum.

A.2.8. The intervention by the Security Council in the form of a binding resolution to offer an international guarantee for the proper execution of the peace accord and, moreover, for the respect by all concerned political forces of the results of the elections to follow.

12.- It is necessary to stress here that because of the complexity of the political situation and the potential for rejection of election results by a political force losing the elections, we make clear our preference for free, honest and transparent elections to be held under the supervision of the United Nations and the OAU with the presence of a special envoy of the Secretary General of the United Nations and independent international observers.

B. At the regional level

13.- According to the principles that "democratic States do not make war against each other but resolve conflicts by peaceful means" and that "the foreign policy of a State reflects its internal policy", we hereby reaffirm that only when Congo is transformed into a democratic State of law oriented towards peace and development can it, not only stabilize and improve its internal situation, but contribute to the security and political stability of its neighbors as well.

14.- The priority lies, therefor, in democratizing the DRC and making it a stable, strong and peaceful State of law managed by responsible, competent, and democratically elected leaders who, as a result, would not constitute any threat or reason for insecurity and instability for neighboring countries.

15.- In its regional aspects the plan for a comprehensive political settlement comprises the following points:

B.1. The reaffirmation by all States of the Region, according to international law, of the sacred and inviolable character of existing borders described in current international treaties.

B.2. Putting in place an appropriate mechanism to assure security along the border between the DRC, Uganda and Rwanda, with the possibility of joint military patrols and the installation of observation points controlled by an international force, to prevent the use of Congolese territory by rebel forces from Uganda and Rwanda directing armed attacks against those two countries.

B.3. The respect by the DRC of international accords concluded with African and foreign countries.

B.4. The orderly and planned withdrawal of all foreign troops now on the territory of the DRC after the installation of political institutions of the transition and their replacement by an international peace-keeping force.

III. SPECIAL APPEAL TO THE INTERNATIONAL COMMUNITY

16. The democratic opposition believes in the virtue of dialogue and political discussion as well as non-violence in order to install a lasting peace in the DRC as a condition sine qua non for building a State of law founded on liberty and social justice and capable of undertaking sustained development within the population.

17. As well, we believe that despite misleading appearances, the People of Congo have the capacity to assume their destiny and to carry to its final stage the struggle for the establishment of a State of law in the country.

18. For this reason all the forces of the democratic opposition send, through my voice, a special appeal to the Secretary General of the United Nations and to the entire international community in order to support by all means necessary this plan for a political settlement which is nevertheless open to improvement and adaptable to the general evolution of the situation.

With the hope that the present memorandum will hold your particular and favorable attention, I send you, Mr. Secretary General, my highest regards.

Signed at Kinshasa, September 4, 1998,

ETIENNE TSHISEKEDI WA MULUMBA

[Translated by: Ilunga Andre Kalonzo, UDPS Executive Committee Member;
and,
Tshimanga John Metzel, Congo Educational Council]

[For further information on the Tshisekedi Peace Initiative visit the Congo Educational Council website:
www.geocities.com/rainforest/canopy/3048
or the UDPS website:
www.udps.org ]