UNION
POUR LA DÉMOCRATIE
ET LE PROGRÈS SOCIAL

Proposals to the Bush Administration and to the Congress of the United States

By Dr. Etienne Tshisekedi

National President of the Union for Democracy and Social Progress
Leader of the Non-Violent and Democratic Opposition in Congo
Democratically Elected Prime Minister of the Sovereign National Conference

Last summer, I came to ask to the US Administration and Congress to pressure Kabila and the belligerents involved in the Congo conflict to respect and fully implement the Lusaka Accords as the sole solution to the crisis in Congo and the Great Lakes Region.

I am here today to achieve two objectives:

First of all, to thank the United States for its support in the progress we have made toward a peaceful resolution of the Congo crisis; and, secondly, to present concrete proposals regarding the recent developments regarding the situation in our country. While the death of Mr. Kabila, the main obstacle to the peace process, opens a window of opportunity, the prevailing situation in the country is still very explosive and calls for immediate and urgent actions. Indeed, even though the international community recognized Mr. Laurent Kabila because he deposed Mr. Mobutu, the fundamental problem of the legitimacy of power has not been resolved in Congo.

Mr. Kabila's death poses a grave juridical, political and institutional problem since the AFDL, which seized power in May 1997 was dissolved. Kabila's presidential decree-law No. 003 of May 27, 1997 that was imposed in lieu of a constitution, furthermore, did not articulate either a procedure for replacing the Head of State or for the delegating in the event of his death. Decree-law No. 003 was, in fact, a personally tailored constitution. It arrogated all executive, legislative and judicial power into the hands of one man -- Laurent Kabila -- and it died with him. And that is why Joseph Kabila pledged allegiance not to the constitution, which does not exist, but to the nation.

The decision by the Kabila camp to appoint Joseph Kabila in a chaotic, arbitrary and familial manner, as President of the Republic only deepened the juridical and political void and further reinforced the precariousness of power in Kinshasa. Joseph Kabila's failure to lift the ban on political activities, his unwillingness to free political opponents and prisoners of conscience, and his continual arrests of political opponents and journalists, coupled with his inexperience constitute an additional source of aggravation of the crisis. The elements I have summarized here contribute to making every day a highly explosive mixture for my country and our entire sub-region, any spark could propel us into a catastrophe of unprecedented human proportions.

The timetable proposed in the recent UN Resolution 1341 and the February 15, 2001 meeting in Lusaka paved the way to begin the implementation of the Lusaka Accords. It does not take into account, however, the misery of the Congolese people and the explosiveness of the present situation. Even though Joseph Kabila has recognized former President Masire as the Inter-Congolese Dialogue facilitator, he has yet to appoint his representatives to the preparatory dialogue sessions nor has he allowed for political parties to freely consult on this matter. He continues to deny to the opposition access to official media. Meanwhile the facilitator himself has not called for these meetings and is erroneously linking them to an eventual invitation to meet with Joseph Kabila that has yet to come.

The present situation calls for an urgent implementation of the Lusaka Accords and we ask for the United States to support the following actions:

1) To accelerate the arrival of peace by making the disengagement and withdrawal of all foreign troops and the deployment of peacekeeping forces immediately effective;

2) To pressure Joseph Kabila to lift the ban on political activities and to free all political prisoners and prisoners of conscience;

3) To urge former President Masire to convene the preparatory meetings of the Inter-Congolese Dialogue by the end of this month, March 2001;

4) To release the funds necessary to finance the deployment of the UN forces and the organization of the Inter-Congolese Dialogue;

5) To accelerate the demobilization and demilitarization of armed militias present in Congo;

6) To sanction all those who would block or delay the immediate application of the Lusaka accords; particularly the withdrawal of foreign troops, the deployment of the UN forces, the organization of the Inter-Congolese Dialogue, and the demobilization and demilitarization of armed militias;

7) To recognize and support the legitimacy of the conclusions reached by the Inter-Congolese Dialogue, including the agreed upon legal, institutional and political framework, and the transitional government of national unity.

We recall that the fundamental cause of the crisis is the absence of democracy which has created in turn the absence of the State, raised the problem of the legitimacy of power in Congo from 1960 until today, and has transformed the Congo into a juridical, political and economic jungle -- a fairgrounds.

Our non-violent struggle led to the organization of the Sovereign National Conference (1991-1992), the most important forum of national negotiations in the history of Congo. This forum put in place the foundations of a democratic State of Law including an agreed upon juridical, institutional and political framework. It was the blockage of these historic acts of the Sovereign National Conference by Mr. Mobutu and by Mr. Kabila which perpetuated the juridical, institutional and political crisis up until the present day in Congo. In this way Congo has become a living hell for the people of Congo as well as a sanctuary for destabilizing negative forces from neighboring countries, which in turn have become a source of insecurity for the latter. As a result, this internal crisis persists and has spread to the entire region, having Congo as its epicenter, itsfundamental cause and its principal victim.

By taking the actions recommended here the United States will contribute decisively to a long lasting solution to the peace and security concerns in the Congo and the region. Furthermore, these actions will demonstrate the commitment of the United States to the establishment of the rule of law in the Congo and create an enabling environment to foster trade and economic development.

Bordering nine countries and the oil-rich Cabinda enclave, Congo occupies a unique and strategic position in the heart of Africa. Congo will inevitably be central to peace and security in the region.

Blessed with abundant resources, a stable Congo could rapidly become a force for trade and economic development in the region as well as the entire continent. Under the dictatorial regimes of Mobutu and the Kabilas the United States and American investors have suffered legal insecurity, pillaging, and forced disinvestments in Congo. A Congo governed by the rule of law, on the other hand, will not only avoid these errors of the past but offer many political and economic benefits to the United States. Private investment by US businesses will be necessary to rebuild every aspect of Congo's neglected infrastructure.

The US administration should resist the temptation to once again promote and legitimize the "strong-man approach" and a new dictatorship. As the only remaining superpower the United States should seize this opportunity to support the establishment of strong democratic institutions and credible leaders, who have proven their resolute and sincere commitment to the democratic ideal.

Washington, March 5, 2001

Etienne Tshisekedi wa Mulumba