Inner City Press: Investigative Reporting from the United Nations

ICC Can't Provide Assurance to LRA's Kony, Despite Ugandan Promise and Chissano's

By Matthew Russell Lee

UNITED NATIONS, July 16 -- Civilians continue to be chopped up and kidnapped and rape by the Lord's Resistance Army while a peace agreement lies unsigned, largely because its seeming promise that LRA leader Joseph Kony would be tried in Uganda and not by the International Criminal Court in The Hague cannot be substantiated. The UN's outgoing envoy to the LRA affected areas Joaquim Chissano on July 17 told Inner City Press that Kony should rest assured that the peace agreement provides for his trial in Uganda, not the Hague. But there is no way to know if the ICC judges in The Hague will accept the Ugandan's process as sufficient to drop the ICC warrant.

Inner City Press asked the President of the Assembly of State Parties of the ICC and its Rome Statute, Liechtenstein Ambassador Christian Wenaweser if the ICC could somehow pre-certify Uganda's process as complimentary, and likely to replace the ICC warrants. Wenaweser replied that "It is the job of the ICC to look at the national judicial process.. I don't know how you can do that in an effective way before they are actually underway." Video here, from Minute 19:15.

Wenaweser on July 17, no certification until sign and trial starts

This calls into question the statements of Chissano, and of Uganda's Ambassador to the UN Ruganda that Kony would face justice in Uganda, not the Hague. Actually, there is no way to know. Realistically, it is not surprising that Joseph Kony would not sign and turn himself in under these circumstances.

Why hasn't the ICC developed a procedure to pre-certify countries' procedures as complimentary, to avoid this chicken and egg standoff in which more and more civilians are killed? Some think that the leaders of the international criminal justice movement are more concerned with their own purity of concept than with the realities of more and more dead civilians. Watch this site.

Footnote: Inner City Press asked Chissano if Kony still has his cell phone number. Yes, Chissano said, before adding that he was returning a phone to the UN unless and until his mandate is re-activated. Is that the cell phone that Kony would call, Inner City Press asked. No, Chissano said, he has my other number. But he never calls it. Video here.

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At UN, Voiceless Chissano Ends "Useless" Outreach to LRA, Looks to Madagascar

By Matthew Russell Lee

UNITED NATIONS, July 15 -- Despite former UN humanitarian coordinator Jan Egeland and others calling for the UN to remain involved in trying to mediate between Uganda and the Lord's Resistance Army rebels, on Wednesday the UN's envoy to the LRA affected areas Joaquim Chissano gave a final briefing under the mandate to the Security Council, and "stepped down" from his post.

After the closed down Council session, Inner City Press and BBC Afrique asked Mr. Chissano to explain his reasoning. I am voiceless, Chissano said, pointing at his throat. A UN official with him, Africa I Deputy Director Margaret Vogt, told the Press "we can deal with that later."

When the Council's President for July, Uganda's Ambassador Ruhakana Ruganda, came to read out an oral press statement by the Council, he was asked how Chissano briefed the Council if his voice was so weak. He was clear, Ruganda replied. Inner City Press asked Ruganda to respond to what another Council Ambassador told the Press earlier, that ending Chissano's mission sent the message that the military solution to the LRA is viewed as the only solution. Video here, from Minute 1:40.

No, Ruganda said, the military action of DRC and Uganda takes place alongside efforts to make Kony sign a peace agreement, "to remind" him of the need to sign. Inner City Press asked if it is true that Kony demands that the ICC and its chief prosecutor Moreno Ocampo come and explain what will happen on the ICC's warrant against him, before he considers signing.

Ruganda said that Kony would have accountability mechanisms in Uganda. Inner City Press asked, Not the Hague? Ruganda repeated, in Uganda.

At Wednesday's UN noon briefing, Inner City Press asked UN spokesperson Michele Montas if Chissano's UN office in Kampala will close. Yes, Ms. Montas said, adding that Chissano had felt ill and couldn't speak at the stakeout. What about Egeland's critique -- does Chissano still have a role? Video here, from Minute 14:12.

Not at this point, Mr. Montas said. Who in the UN if anyone is reaching out to Kony, Inner City Press asked. Why end the effort at this time?

Ms. Montas said the UN "stopped what had become useless." If so, it would be a first.

UN's Ban and Joaquim Chissano: not men of words, LRA solution not shown

The DRC's Ambassador to the UN told Inner City Press last week that at least Chissano stopped, closed the office and save the UN money, "unlike Obasanjo," he said, referring to the other Great Lakes mandate for the UN of the former Nigerian president....

Footnote: one would have liked to ask Chissano about any relation between his stepping down on the LRA and accepting another mediation job, for SADC, regarding Madagascar, trying to convince persuade what on Honduras is called "coup leader" Rajoelina and his Prime Minister Albert Zafy to meet with deposed President Ravalomanana and with his predecessor, Didier Ratsiraka. It is worth comparing the UN's stance on Madagascar's coup with that it has adopted on Honduras. Watch this site.

At UN, Uganda Promotes Its Action on LRA, Affably Dodges on Kenya and Abkhazia

Byline: Matthew Russell Lee of Inner City Press at the UN: News Analysis

UNITED NATIONS, July 2 -- Uganda still has "scouts and intelligence people" working with the army of the Democratic Republic of the Congo, six months after their ill-fated joint action against the Lord's Resistance Army, Ugandan Permanent Representative to the UN Ruhakana Ruganda told the Press on July 2.

Ambassador Ruganda, as the Security Council's rotating president for July, affably took four questions from Inner City Press, two about the LRA, one about Kenya and another about the recently disbanded UN Mission in Georgia, a vote on which Uganda abstained.

Surprisingly, Ruganda described the joint DRC - UPDF action in December 2008 against Joseph Kony's LRA as a "positive thing" that "liberated captives." Video here, from Minute 36:02.

Most observers called it ill-conceived, in that once Kony got away, the LRA slaughtered scores of Congolese civilians. It is said that the UN Mission in the Congo, MONUC, was told about the operation only moments before it began.

Inner City Press asked Ruganda about his quoted statement that he will use his month as Council president to vigorously promote such "regional cooperation." Ruganda answered first about the Hutu rebels partially repatriated from DRC to Rwanda, 500 of whom he said the Council visited during its recent mission to the region.

Amb. Ruganda on July 2, on LRA, Georgia but not Kenya

What Ruganda did not say is that the remaining FDLR in the Kivus are now killing villagers in retaliation, as denounced July 2 by Human Rights Watch.

On disbanding the UN's Mission to Georgia, on which Uganda voted with China, Vietnam and Libya, Inner City Press asked if the Council will at least still monitor the mission of past and present envoy Johan Verbecke, whom Ban taps to continue to participate at the Geneva talks involving Russia and Georgia. Video here, from Minute 22:04.

We haven't discussed that very specific question, Ruganda answered. Sources tell Inner City Press that Verbecke's Georgia gig will soon terminate, as he'll be named Belgium's Ambassador to the UK.

When Inner City Press asked about the long-delayed briefing to the Council about Kenya, called for in the Council's own February 2009 Presidential Statement, Ruganda opined that "I don't think the Security Council should be involved in everything." Video here from Minute 39:02. But the Council issued statements on Kofi Annan's mission, and called for his report.

Some say that because the UK and US took different sides in Kenya -- and because Ban Ki-moon does not like to be compared with Kofi Annan -- the called for briefing will never take place. Even though Annan has now set an August deadline for Kenya to try suspects for inciting violence at the time or he'll refer them to the International Criminal Court, Ruganda's answer makes it appear that for all these reasons, the Council will not revisit Kenya. Just as the Council never officially put Sri Lanka on its agenda, despite tens of thousands killed there.

Still, Ruganda's affability portend a more open Council month in July. Watch this site.

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On Congo, Obasanjo On Relocating Nkunda and FDLR, Bosco "In Circulation" in Congo

Byline: Matthew Russell Lee of Inner City Press at the UN: News Analysis

UNITED NATIONS, June 30 -- Amid reports from the Democratic Republic of the Congo of the FDLR rebels rampaging in the Kivus, the Lord's Resistance Army killing and kidnapping and the UN collaborating, at least indirectly, with indicted war criminal Jean-Bosco Ntaganda, the UN's envoy to the Great Lakes Olusegun Obasanjo answered a half dozen questions from Inner City Press on this topics on Tuesday.

Inner City Press asked him if he is involved in talks to relocate Bosco's former boss Laurent Nkunda from house arrest in Rwanda to a third country. Obasanjo laughed. "You seem to be leading the minds of the two leaders," he said. "You are close to what they are thinking." Video here, from Minute 12:21.

Also being considered for relocation, according to Obansanjo, are some 1500 fighters from the FDLR. Obasanjo said they could be moved further away from Rwanda. Inner City Press asked, inside the DRC? Yes, Obansanjo said. But who would take them? Who would want a known militia group? Video here from Minute 11:54. Obasanjo replied that they would not have guns. Then again, those are not necessarily difficult to find.

Inner City Press asked Obasanjo about the UN ending the Lord's Resistance Army mandate of former president of Mozambique Chissano. Obansanjo appeared surprised that it is ending, and said that all mandates can be renewed. Video here from Minute 9:16. But this one seems over: Chissano has moved on. And what plan does the UN have?

Obasanjo takes UN copter in Congo, Bosco not shown

Obasanjo acknowledged that Bosco is "not out of circulation." Inner City Press asked Secretary General Ban Ki-moon's spokesperson Michele Montas, in light of a damning op-ed in the Washington Post, what the UN is doing to ensure that it does not work even indirectly with the indicted war criminal, and even helps apprehend him. That is the job of the Congolese authorities, Ms. Montas said. Over whom the UN, after spending billions of dollars, have no say?

Footnote: Obasanjo referred to a joint Rwandan - Congolese methane gas project in Lake Kivu. As Inner City Press previously reported, contracting issues have dogged Obasanjo since his tenure in Nigeria. But we can return to that topic in the future. On Tuesday, he spoke more clearly about the Congo than anyone else at the UN.

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UNITED NATIONS, May 7, updated -- When it comes to working with war criminals, the UN Mission in the Democratic Republic of the Congo is willing and even wants to be deceived. Bosco Ntaganda, indicted by the International Criminal Court, appears in minutes of an April 4 meeting of the Congolese Army, known by its French acronym FARDC.

What the UN did next is to ask the FARDC to tell them that Bosco was not a deputy commander. The UN has spend billions of dollars in the Congo, largely to the benefit of current president Joseph Kabila. His FARDC told the UN want they wanted to hear. But no explanation of the April 4 FARDC minutes, reproduced below, has been provided.

A UN official involved in preparing MONUC's response, below, told Inner City Press that as long as Doss received assurances from FARDC, it doesn't matter what the leaked minutes show, or even if they are true: the UN”s hands are clean. These dubious assertions should be a topic of the UN Security Council's African trip later this month, along with proposals to send Bosco Ntanganda's previous boss, Laurent Nkunda, from Rwanda into exile in a country other than the DRC.

On April 9, the day after Doss had gotten the Daily Report about Bosco's involvement in the FARDC's Operation Kimia II, Inner City Press asked Doss to confirm that MONUC had earlier received a request to help arrest Bosco. Doss confirmed that, among other things (click here for that story, and here for the request to MONUC about Bosco, and Doss' predessessor William Lacy Swing's response.) Doss said the request "has not been renewed," adding that MONUC will not work with Bosco. But see below.

Inner City Press: do you have a response to these reports that Bosco, the ICC indictee for war crimes, was described as a deputy coordinator in the Congolese Army action against the FDLR, and also, therefore, calling into question the UN statement that it doesn’t work with indicted war criminals.

Associate Spokesperson: Yes, we’re aware of those reports. At the same time, the UN Mission in the DRC, MONUC, has not seen the documents that were referred to in the media reports that allegedly showed that Jean Bosco Ntaganda was part of the joint operation. Actually, on the contrary, the DRC authorities have shown MONUC relevant documents defining the operation’s command structure, which does not make any mention of Mr. Ntaganda. MONUC has clearly stated that it will not conduct or support joint operations in which Jean Bosco Ntaganda plays a part. This has been communicated directly to the DRC Minister of Defence and the Chief of the Defence Staff, who in turn have assured MONUC that Mr. Ntanganda is not a part of any joint operation’s command structure. MONUC leadership continues to engage with our Congolese interlocutors on this matter.

Inner City Press: Even when you actually see this document, what will the UN do if it turns out he was the deputy commander of that operation?

Associate Spokesperson: Well, as I just said, we continue to engage with our Congolese interlocutors. But I’ve told you exactly the precise assurances that we’ve been given by the Government of the DRC on this. And as for the hypothetical question, we’ll cross that bridge if that is a reality.

Well, now it is a reality. The April 4 FARDC minutes, obtained by Inner City Press, show in paragraph (d) Bosco Ntaganda taking the floor, and described him as deputy commander:

Le Coord a transmis à l’assistance les directives du Comd Suprême sur le profil que doivent afficher les Mil des FARDC notamment ceux œuvrant dans les provinces du NORD et du SUD KIVU.

- Enfin, indigné par les jugements portés contre les FARDC dans les médias face au phénomène FDLR, le Comd Suprême nous lance un défi. NE doutant nullement des capacités des FARDC à combattre efficacement les FDLR, il attend les résultats probants et fera régulièrement lui-même l’évaluation de la Sit.

- Les Comd d’unités doivent privilégier l’intérêt des Tp et éviter le détournement des moyens mis à leur disposition

d) Prenant la parole à son tour, le GenBde BOSCO NTAGANDA, Coord Adjt, a soulevé les problèmes Log qui ont été à la base du retard qu’ont connu les Ops après celles menées conjointement par les FARDC et RDF. Ce qui a permis aux FDLR de se réorganiser et mener quelques Acn contre nos Tp.

These minutes, and MONUC's response to them, should be a topic of the UN Security Council's African trip later this month, along with proposals to send Bosco Ntanganda's previous boss, Laurent Nkunda, from Rwanda into exile in a country other than the DRC. Watch this site.

Update of 12:55 p.m. -- at Friday's UN noon briefing, after publication of the article above, Inner City Press asked Secretary General Ban Ki-moon's Deputy Spokesperson Marie Okabe to respond to the April 4 FARDC minutes listing Bosco Ntaganda as Deputy Coordinator, including whether the UN disputes the authenticity of the minutes. Ms. Okabe said she had nothing to say on the topic. Minutes later, her Office sent Inner City Press the following statement:

From: unspokesperson-donotreply@un.org
To: matthew.lee@innercitypress.com
Sent: 5/8/2009 12:39:54 P.M. Eastern Standard Time
Subj: Your question on Ntaganda

MONUC has not seen the documents referenced in the media report allegedly showing that Mr. Ntanganda is a part of the joint operation. On the contrary, the DRC authorities have shown MONUC relevant documents defining the operation's command structure, which does not make any mention of Mr. Ntanganda. MONUC has clearly stated that it will not conduct or support joint operations in which Jean Bosco Ntaganda plays a part. This has been communicated directly to the DRC Minister of Defence and the Chief of the Defence Staff, who in turn have assured MONUC that Mr. Ntanganda is not a part of any joint operation’s command structure. MONUC leadership continues to engage with our Congolese interlocutors on this matter.

Better talk fast, with these Congolese interlocutors... Inner City Press is e-mailing the FARDC minutes to MONUC, which claims not to have seen them. Watch this site.

These reports are usually also available through Google News and on Lexis-Nexis.

Click here for a Reuters AlertNet piece by this correspondent about Uganda's Lord's Resistance Army. Click here for an earlier Reuters AlertNet piece about the Somali National Reconciliation Congress, and the UN's $200,000 contribution from an undefined trust fund. Video Analysis here

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

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