Inter-Parliamentary Union - British Group - APPCG Delegation to Shanghai and Beijing, 9 to 16 October 2010


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Delegation Reports

Congo-UK Friendship Group visit

11 to 13 January 2010

All Party Parliamentary Group on the Great Lakes Region of Africa

The Congo-UK Friendship Group is a cross-party grouping of Congolese Parliamentarians in the Kinshasa National Assembly. The Group was re-launched in Kinshasa during the visit of APPG members in 2008.

In January 2010, the Congo-UK Friendship Group invited a delegation of six members to visit the Westminster Parliament, which was sponsored by the Foreign and Commonwealth Office and the Inter-Parliamentary Union. The visit programme had a particular focus on giving the
delegation a flavour of the workings of Westminster, specifically centring on scrutiny
and parliamentary oversight of the government.

The delegation was led by Honorable Cléophas Guyzanga Guyandia, President of the Congo-UK Friendship Group. Other delegates were Hon Médard Mulangala Lwakabwanga (Vice-President), Hon Donatien Mulamba Katoka, (Rapporteur), Hon Aimé Boji Sangara Bamanyirwe, Hon. Edouard Balembo Baloma Kasomba, and Hon. Kati Mayala Georgette Matondo. The delegates represented a geographical spread across the DRC as well as government coalition and opposition groups in the parliament. For four of the six delegates this was their first trip to the United Kingdom, and the Congo-UK Friendship Group was the first Friendship Group in this legislature of the Kinshasa parliament to visit their host country.
Highlights of the visits included:

Round table discussion with APPG Members on current areas of concern in the DRC – points were raised by both UK and DRC parliamentarians.
Welcome from the Lord Speaker, the Rt Hon Baroness Hayman, and a meeting with the Speaker of the House of Commons, Rt Hon John Bercow MP
Policy round table discussion with DfID Minister Gareth Thomas MP as well as a similar session with the Shadow Minister for International Development, Mark Lancaster MP
Watching Prime Minister’s Questions and witnessing the proceedings of the International Development Committee followed by a discussion with committee members
Meetings with UK civil society organisations and members of the UK based Congolese Diaspora
Spending a morning in an individual MP’s office to observe day-to-day activities of members, connections with and accountability to constituents, as well as facilities available to UK MPs

During a round table policy discussion with APPG Members, as well as throughout discussions during the visit as a whole, a number of key recommendations were suggested for follow up by both the APPG and Congo-UK Friendship Group.

Recommendations

Taking a joint approach

The All Party Parliamentary Group on the Great Lakes Region of Africa (APPG) and the Friendship Group (FG), on the basis of discussions between members of the two groups in January 2010, agreed on the following common agenda for action. This document is not intended as a binding agreement for parliamentarians but rather as a joint memorandum on ways the two Groups could work to advance the common goals of stability, accountability, and development in the DRC, and to ensure relations between our two countries based on independence, friendship, mutual respect, and democracy.

The FG and APPG commit to strengthen relations between UK and DRC parliaments through a continuing partnership. Our aim is to improve the exchange of information and ideas and provide a forum for discussion, so as to increase mutual understanding and our ability to act effectively on issues of concern to both parliaments.

It is intended that the following programme may form the basis of joint representations to both UK and DRC governments pressing for action on points of concern.

Suggested action points

For the APPG

Ensure at least one full parliamentary debate and one round table discussion are held in each parliamentary year on the situation in the DRC and UK policy on peace building and development in the region.

Specifically press the UK government to:

Take concrete steps, possibly including legislation, to improve accountability for UK-based companies operating in the DRC or involved in supply chains originating in the DRC. As a first step, table an EDM supporting the disclosure of payments to Governments by oil, gas and mining companies
Consider increased financial support to existing repatriation programmes for returning Rwandan refugees through UNHCR so that funding extends beyond initial re-integration for an extended period and therefore reducing the risk of the ‘recycling’ of refugees through the repatriation process
Encourage the Government of Rwanda and neighbouring host states to end forced repatriation operations and ensure that the voluntary repatriation of refugees across the region takes place in conformity with the OAU Refugee Convention, other international human rights mechanisms and tripartite agreements
Ensure that discussions regarding the eventual removal of group refugee status for Rwandans between UNHCR, the Government of Rwanda, host countries All Party Parliamentary Group on the Great Lakes Region of Africa Congo-UK Friendship Group and international partners are based on a thorough and objective assessment of the socio-economic and political conditions within Rwanda, particularly those facing returnees
Press UK government to fully support a free and fair election process in the run up to the 2011 Presidential election and including helping to ensure a free and fair election at election time itself. Also to encourage the UK to send its own election observation mission and/or to support a full EU mission and to fully support Congolese civil society throughout the election period
Ensure that supply chain due diligence is a key consideration in the current review of the OECD guidelines. HMG should ensure that due diligence standards spell out the precise steps which companies are expected to take, including providing credible evidence of the exact origin of supplies, the identity of suppliers and intermediaries involved in the chain of custody, transport routes, and observance of human rights standards by suppliers
Encourage HMG to adopt similar legislation to that passed in the US (July 2010) through the Financial Reform Act which requires oil, gas and mining companies registered with the Securities and Exchange Commission (SEC) to publicly disclose their tax and revenue payments to governments around the world

For the Friendship Group:

Establish regular parliamentary round table discussions on security sector reform (SSR) in the DRC to establish and update on recent progress made, discuss how this might be improved going forwards and periodically submit these recommendations to government
Invite members of FCO, DFID and others working on SSR resident in the DRC to participate in SSR-focused roundtable discussions and to provide updates to Members of the Friendship Group and other parliamentarians in attendance of the UK’s current work on SSR
Take steps to promote increased scrutiny of the Commission Electorale Nationale Independente (CENI) to ensure an equitably balanced Commission with respect to both gender and party representation and invite the UK government to maintain support to the CENI in order that it might achieve these goals
Recommend that before the transfer of power from the Commission Indépendante Electorale (CEI) to the CENI takes place, that the Congolese government present a full report to the National Assembly detailing the full use of all past resources by the CEI
Press for increased transparency and parliamentary oversight of the natural resources sector in the DRC, including through the implementation of the Extractive Industries Transparency Initiative (EITI) mechanism and increased scrutiny by parliament of mining and forestry activities. Invite relevant EITI representatives to address the Friendship Group and other relevant parliamentary Commissions, such as the Commission on the Environment and Natural Resources, with a view to sharing examples of best practise and their previous experience of implementing the EITI in other countries
Call on the Government of DRC to present the country’s new financial situation to the National Assembly following the recent World Bank led debt relief deal, estimated at $8 billion, including a detailed description of the recently redirected Chinese contracts
Support the principle of the creation of a parliamentary Commission to specifically examine human rights abuses in the DRC and particularly sexual and gender based violence
Press the DRC government to improve implementation of President Kabila’s ‘Zero Tolerance’ policy announced in June 2009, including immediate action to end impunity for acts committed by abusers of human rights and suspected war criminals currently operating in the DRC. This includes apprehension of figures holding posts at the most senior levels in the Congolese army. Further press the government to consider creating a Special Court for the Kivus
Call on the DRC government for the creation of an Independent Commission of Enquiry to investigate the death of human rights defender Floribert Chebeya and encourage the DRC government to accept technical support from MONUSCO to assist the enquiry where appropriate
Breakdown of the visit: cross-parliamentary strengthening

During the January visit, substantial efforts were made to facilitate extensive face-to-face
contact between members of the delegation and APPG. The Friendship Groups is a vital mechanism through which information, views and experiences can be shared, allowing parliamentarians to work together to improve transparency, strengthen democratic practice and make informed policy recommendations in both parliaments. UK and DRC Friendship Group Members should make efforts to further strengthen links between the Congo-UK Friendship Group and APPG Members through regular updates and communications. The APPG will act as a conduit for these communications where appropriate.

Members of the DRC Friendship Group highlighted the Sino-Congolese Agreement, signed between the DRC and Chinese government in 2009, as an example of current non-transparent practice. Neither parliamentarians nor members of the Permanent Commission on the Environment and Natural Resources were involved in the drafting or scrutiny of the agreement, a situation which has provoked considerable cross-party concern in the Congolese parliament. Although there has been some debate in the Congolese parliament about the deal, and the Kinshasa parliament has recognised its responsibility to properly scrutinise the agreement, there was a general recognition that the Congolese Government should be more transparent in all business and development plans relating to the DRC’s natural resources agreed with partner governments as well as international companies. The Sino-Congolese Agreement is just one example of the need for further transparency. The behaviour of UK -listed and registered companies operating in the DRC was also discussed at length. There was a general feeling among APPG members and the delegation that HM Government should take further steps to ensure UK companies take their due diligence responsibilities more seriously. Efforts should be made to explore the need for further legislation to compel UK companies to exercise due diligence at all stages of their supply chain in conflict affected areas. Further reform All Party Parliamentary Group on the Great Lakes Region of Africa of accountability mechanisms such as the OECD Guidelines on Multinational Enterprises is also required.

During the Friendship Group’s visit delegates raised current discussions within the Paris Club forumi about the future of Congolese debt. There was a widespread expectation across the delegation that a large portion of the DRC’s international debt would be wiped out – since the visit in January it has been announced that around half of the DRC’s $7bn (USD) of debt will be cancelled or restructured. ii The delegation expressed concern that additional funds made available to the exchequer through such savings would be squandered by corrupt officials rather than used to the benefit the Congolese people for whom they are intended. Delegates discussed the need for a specific parliamentary mechanism to be established within the Kinshasa parliament mandated with the oversight of such funds, this should be given further consideration. Records relating to discussions and detailed documentation showing how these funds will be allocated to departments by the exchequer should be made available in the public domain.

There was feeling on both sides that further action is urgently required to bring perpetrators of war crimes and human rights abuse to justice. There are individuals within the Congolese state apparatus, such as the army, who are known to have committed abuses of human rights and war crimes. Known human rights abusers should be publicly stripped of their positions within state institutions and be brought to justice and the zero tolerance policy fully implemented. This requires Friendship Group members to increase pressure on the Congolese government through the appropriate parliamentary mechanisms, as well as continued representations from HM Government and APPG Members to the Congolese government. The delegation suggested that a special court for the Kivus may be required – a suggestion that should be discussed further in the Kinshasa parliament. There was also some feeling, mostly among APPG members, that mixed courts comprising of both foreign and local Congolese judges would be required to boost the capacity of the Congolese justice mechanisms – this, or other similar mechanisms to significantly strengthen the Congolese judiciary, should also be given serious consideration in the Kinshasa parliament. ( NB: no consensus was reached between the members of the delegation nor APPG members on how special or mixed courts would be composed or of their respective utility). There was a general recognition throughout the visit that there is a need to develop some basic transparency mechanisms so that the Kinshasa parliament’s activities are accessible to the public. Westminster’s transparency mechanisms – Hansard and public access, for example – have been developed over years of parliamentary democracy, and it is unrealistic to expect Kinshasa to establish similarly far reaching mechanisms in a short period of time. The Kinshasa parliament should consider establishing a basic website containing up-to-date information of its agenda, verbatim reports of debates and draft/passed legislation. It is recognised that this would not be accessible to the vast majority of the Congolese population, given the lack of access to the internet across the country, but does send a clear message of commitment to openness and transparency. This could be done relatively cheaply. The HM Government and other donors might consider making funds and technical support available for the development and maintenance of such an online facility. Throughout the delegation’s visit there was discussion on the need for DDRRR programmes to be more effectively run if there is to be sustainable peace and security in the region. There was also a general recognition that Members of the Kinshasa parliament who do not visit the east of the country regularly may find the complexities surrounding DDRRR programmes difficult to conceptualise. APPG Members feel it would be helpful for a series of roundtable meetings on DDRRR to be held assisting to further inform Congolese parliamentarians of the challenges faced by DDRRR programmes and what may be required for them to be more effective. This will in turn assist Congolese Members in their parliamentary activity on DDRRR.

The composition of the CENI is due to be debated in parliament in the next session, opening 15 March. APPG members expressed a view that elections should be properly monitored by local and international observers, although members of the APPG also agree with the delegation that it is more, if not equally, important for Congolese people themselves to oversee the process. This will require significant investment in terms of sensitisation and civic education at a local level – there is an important role for donors here.

In summary, the visit was considered to be very worthwhile and it is hoped that it will have a multiplier effect when members of the delegation return to Kinshasa and converse with other colleagues in the parliament. APPG Members felt that the visit furthered their understanding of the challenges faced by parliamentarians in the DRC as well as deepening their understanding of some of the key issues, which will help in their parliamentary activities as well as strengthening the links between our two parliaments. We look forward to receiving further delegations in Westminster in the future, as well as the next opportunity for APPG members to visit the Friendship Group in Kinshasa. Members of the Friendship Group as well as the British Embassy in Kinshasa will be forming their own reports of the visit and we look forward to receiving their input and recommendations.