Union for Democracy and Social Progress
Memorandum of the democratic opposition forces
September 28, 1998
Brussels - Memorandum of the democratic opposition forces of the DR of the Congo, headed by Mr Etienne Tshisekedi wa Mulumba, Elected Prime Minister at the Sovereign National Conference, addressed to the General Secretary of the UNO and to the international community with regard to the global and durable political settlement of the crisis in the DRC.
With reference to my capacity as leader of the democratic opposition forces and as President of the UDPS (Union for Democracy and Social Progress), the main opposition Party in the DRC, I would like first of all, to express my gladness of seeing an African born child, in your person, presiding over the destinies of the United Nations Organisation at dawn of the XXI st century.
I wish to you plenty of success with your heavy responsibilities and catch this opportunity to thank you, and through your person, all the State members of the UNO for the interest and the solidarity they reveal concerning the settlement of the dangerous and heavy crisis which now shakes my country and the whole central Africa.
The aim of the present memorandum I have the honour to subject to yourself and to the international community, in the name of all the democratic opposition forces of the DRC and all our people is : I° to explain the grounds and the effects of the present civil war aggravated by its regional ramifications; ° to introduce a political settlement plan likely to gather a very wide support among the population and the democratic political forces, and III° to start a pathetic and pressing call upon yourself and all the international community in order to support and make succeed the political settlement plan to the crisis set forth in broadlines hereafter.
I.THE GROUNDS AND THE EFFECTS OF THE PRESENT CIVIL WAR
A. The grounds of the civil war
1 The crisis has essentially internal causes to the DRC, they are namely: absence of democracy and rule of law, human rights and fundamental freedom violations, chaotic and opaque administration of the State (Public Affairs), corruption, nepotism, well-known incompetency of the main political responsibles of the country, etc.
2 - Considering the foregoing, the ruling government has not been able to efficaciously control the eastern border with Uganda and Rwanda and prevent the rebel forces of the two countries of using the Congolese territory as rear-base or passage way to attack their countries. It also has not been capable of resolving some national disquieting problems such as nationality or land distribution which regularly plunges the North and South-Kivu provinces in the east of DRC into mourning.
3 - The democratic forces have constantly informed about these facts and ask to President KABILA for democratic and economic reforms in accordance with the plan laid down in 1992 by the national sovereign conference in order to create a stable and strong State capable of resolving national problems and live in good neighbourliness with the surrounding countries.
4 - As President KABILA has refused to listen to the repeated calls on him, privileging a totalitarian personal power reinforcement methods, some of his old national and foreign allies have taken the arms against his regime. Some other foreign countries have come to help President KABILA to be maintained in power. Thereby, the civil war involves hence national and regional aspects which request an appropriate answer in order to achieve a durable peace in the DRC and the whole Great Lakes Region.
B. Consequences of the civil war
5 - The inauspicious war effects are well known. They are even heavier for the DRC since the KABILA government was unable to resolve the problems of the population during the peaceful period. It is advisable to specify that the human rights condition is seriously affected by the war as also is to notice the increasing impoverishment and other social difficulties of the populations.
This situation calls for a quick reaction from the democratic forces in the DRC and the international community in order to reach peace and avoid a bigger social catastrophe in the country as well as in the Great Lakes Region. The political settlement plan detailed hereafter can allow the achievement of this result without too much difficulties.
II. PLAN FOR A POLITICAL SETTLEMENT OF THE CRISIS IN THE DRC
6 - The position of UDPS and all the democratic forces for the change about the political settlement of the grave political crisis that presently shakes the DRC, is based upon the following fundamental principle: " There is no serious and defensible reason of sending to death the youth of our country and the youth of the other African countries which are implicated in the conflict, of useless wasting of the thin financial means of the DRC and the other concerned countries in an armed conflict, of heavily disturbing peace in the DRC and the region for a political problem mainly internal to the DRC and which can be resolved around a negotiation table in order to conclude a global political settlement which is satisfactory for all the concerned parties.
7 - Considering the gravity and the complexity of the armed conflict which is taking place in the DRC, and the real dangers which it presents for peace and development in the country and the region, I am convinced that the solution can not be military and it is an imperious necessity to obtain a cease-fire and conclude a global political settlement, including national and regional aspects, involving all the political representatives in the country without exclusion and enjoying an international guarantee.
8 - That is why, to reach such a global political settlement, on August 23,1998, I openly conveyed my will to meet President KABILA and the leaders of the armed opposition settled in GOMA. It's in connection with this fact that I called upon the international community and the interested African States, with the availability to meet some African Statesmen, in order to incite them in politically and diplomatically support a global settlement of the crisis under examination.
The broadlines of the proposed plan of political settlement
9 - According to the democratic opposition forces whose I am assuming the leadership, the global settlement of the crisis in the DRC can be summarized as follows.
A. At the national level
10 - The grounds of the crisis being deeply internal to the DRC, namely the absence of democracy and rule of law respecting the human rights and fundamental freedoms as well as a chaotic and opaque administration of public affairs, it is advisable to seriously tackle these causes without complaisance with a view of jugulating their baneful effects at national and regional levels .
11 - So the following plan is proposed at the national level
A.1 Organisation of negotiations gathering all the representative and significant political forces in the country (KABILA's Government, democratic non-armed opposition and armed opposition) under the auspices of the UNO, the OAU and the SADC.
A.2 Conclusion of a political settlement foreseeing:
A.2.1 Installation of a transition parliament.
A.2.2 The adoption by the parliament of a constitution guaranteeing a democratic and transparent administration of the power during the transition period which should take 24 months, in compliance with the democratic principles elaborated at the sovereign national conference held in 1992.
A.2.3 The formation of a restricted Government of national unit accountable before the parliament. Like the parliament, the Government of national unity should include all the representative and significant political forces in the country.
A.2.4 The amalgamation of the two armies which have been facing, in order to create one only national republican army subjected to the civil authority, with the assistance of the OAU and the UNO .
A.2.5. The deployment of an international peace keeping force or of interposition to survey the respect of the cease-fire and prevent the resumption of the fighting up to the holding of free and democratic elections.
A.2.6 Setting up of a group of peace settlement observers.
A.2.7 The adoption of a realistic electoral agenda for elections at all levels, in order to allow our people designate the leaders of their free choice and regulate the matter of power legitimacy in the country. It is obvious that the adoption of a final constitution, which will be submitted to a popular referendum, by the provisional parliament, will go before the organisation of the elections.
A.2.8
Intervention of the Security Counsel by means of a compelling resolution offering an international guarantee of good fulfillment and especially of respect of the coming elections results by all the concerned political forces.
12 - It is also advisable to emphasize that according to the complexity of the political situation and the possibility of the rejection of the elections results by a defeated political force, we give our preference to free elections, honest and transparent under the supervision of the UNO and the OAU with the presence of a special Representative of the Secretary General of the United Nations and of independent international observers.
B. At the regional level
13 - Starting from the principles which state that " democratic States do not make war but resolve their conflicts by peaceful means" and " the Foreign policy of a State is the image of its Domestic policy", we affirm that only a really democratized Congo, observing the rule of law, oriented towards peace and development can, not only stabilise and improve its domestic situation, but also will contribute to the security and the political stability of its neighbours.
14 - Consequently, the first priority is the democratization of the DRC in order to make of it a stable State respecting the rule of Law, strong and peaceful, led by competent and democratically elected responsibles who, thereby, won't constitute a threat or a source of political insecurity or instability for the neighbour States.
15 - In its regional aspects, the global political settlement should include following points :
B.1 The affirmation by all the States of the region of the sacred characteristic and the intangibileness of their present frontiers consecrated in the international treaties in application, in conformity with international Laws.
B.2 Setting up of an appropriate mechanism to secure the borders between the DRC at one side, and Rwanda and Uganda at the other side, with a possibility of joint military patrols and the installation of observation positions monitored by an international force in order to avoid the Congolese territory of being used by Ugandan and Rwandan rebels to start armed attacks to these two countries.
B.3 The respect by the DRC of the international settlements concluded with African and Foreign countries.
B.4 The planned and ordered withdrawal of all the foreign armies standing on the territory of the DRC, after setting up of the transition political institutions, and their substitution for an international peace keeping force.
III. SPECIAL CALL UPON THE INTERNATIONAL COMMUNITY
16 - The democratic opposition believes in the virtue of dialogue and political settlement as well as of non-violence, in order to set up a durable peace in the DRC, a sine qua none condition of building a State respecting the rule of Law founded on liberty and justice and capable of undertaking a durable development of the populations.
17 - It also believes that nevertheless the misleading appearances, the Congolese people has the abilities to assume his destiny and to carry his struggle trough the setting up of a State of Law in the country.
18 - Therefore all the democratic opposition forces, through my voice, specially appeal to the General Secretary of the united Nations and to the whole international community, in order to sustain with all necessary means, this political settlement plan which, however, remains perfectible and adaptable to the general development of the situation.
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