07/04/2023
Frank Posted
Sino-Congolese contract You said “Black Chinese”: what if we said “Black Westerners? »
With its media outlet, discriminatory, segregationist, has the Licoco been given the mission of discrediting the Commission instituted by the Head of State?
Congolese - moreover organizers of an NGO for the defense of human rights - who describe Congolese as "black Chinese": this is where the Final Report of the Igf on Sicomines leads!
Worse, this NGO specializing in the fight against corruption presents itself as being part of the Commission initiated, however, in good faith by President Félix Tshisekedi, determined to hear all the bells ringing, that is to say those of the for, against and neutrals, a question of getting a clear idea of what is going on around the Sino-Congolese or Sicomines contract affair before, of course, making an informed decision...
In its press release dated April 3, 2023, Licoco "alerts on the presence in the preparatory work for the revision of the Chinese Contract, of people clearly committed to the Chinese cause, without a doubt, at the cost of greenbacks, to torpedo the efforts of the DRC to lead to the signing of an amendment to the SICOMINES convention, as desired by His Excellency the President of the Republic, Head of State".
She notes that "For a week, the preparatory work bringing together several state structures under the chairmanship of the Chief of Staff of the Head of State, began with the aim of adopting a roadmap for negotiations with Chinese companies.
The LICOCO which takes part in it observes with indignation the attempts of some ill-intentioned people who are part of this working group who seek to discredit the highly appreciable report of the General Inspectorate of Finance, thus sailing against the decision of the Chief of the state and the will of the Congolese people.
These people seek to delay the revision desired by all Congolese by delaying maneuvers such as requesting another technical audit of the SICOMINES Convention”!
Thus, it appears to be both judge and party with the primary consequence of depriving itself of the credibility that the Commission needs to function better.
Worse for her, better for public opinion, she reveals to the attention of the national and international community that she is not alone in this commission to share the same opinion.
Indeed, she affirms that "The LICOCO as well as the other organizations of the Civil Society Guardians of the interests of the DRC, warn these 'black Chinese' and keep an eye on them".
She maintains "to hold all the information on these people qualified as 'black Chinese'" and "promises not to hesitate to make public the identities of these enemies of the Republic if the latter do not give up their macabre plan and their desire to 'rapid enrichment on the back of the Congolese people'.
Consequence: Licoco presents the Commission not as an initiative in search of the truth about the Sino-Congolese contract, but as a structure set up to sink Sicomines!
Why and for whose benefit?
In addition to engaging in discrimination and segregation, in addition to accusing them of corruption, it goes so far as to make physical threats against the Congolese, whom it moreover prohibits from exercising their democratic rights, in this case those of expression and opinion guaranteed by the Constitution.
How can an organization claiming to be serious and sitting on a commission called upon to be serious engage in such abuses so ostensibly?
Since she identifies "black Chinese" in this commission, should we deduce, in response from the shepherd to the shepherdess, that she is part of the "black Westerners"?
While we're at it, the reference to greenbacks (dollars) normally applies to whom?
Is it to the "black Chinese" supposed to be served in yen or to the "black Westerners" served in dollars!
It is here that the invitation of Senator Prince Kaumba in his motion of April 1st in the Senate takes on its full meaning: “Let us not transpose on our territory conflicts of interest that do not concern us”.
Otherwise, an NGO considering itself credible cannot object to another technical audit of the Sicomines Convention, which contains in its provisions Article 20 which provides, for the settlement of any dispute, either an amicable solution, or international arbitration!
Both require a contradictory audit.
This is where the chinophobia that feeds compatriots who, since 1990, have fully played the card of the weakening of public institutions in favor of external powers that continue to weaken the Congo in all forums, leads.
The security situation in the East is proof of this.
First to contest the electoral victory of Félix Tshisekedi in 2018, they have not succeeded in advocating for the regime in place to bring or bring back to the country over the past 4 years a single investor.
They cannot stop presenting the DRC as a corruptible country overnight.
The Igf Report on Sicomines having allowed them to bounce back, here they are in the process of trapping the commission on which the President of the Republic is nevertheless counting to inform himself through the contradictory debate...
The same question comes up: why, and for whose benefit!
Beyond the debate around Sicomines: any serious contract provides for dispute resolution mechanisms!
Except for other reasons, any serious partner does not reject these mechanisms, whatever position of power it may occupy in a given context.
Senator elected from the province of Lualaba, Pr Prince Kaumba Lufunda is the first Congolese parliamentarian to provoke contradiction in the Final Report of the Igf on the Sino-Congolese contract, a contract to which Sicomines, a joint venture with Congolese capital, owes its existence and Chinese.
That the first epidermal reactions qualify him as a traitor, it doesn't matter in a country where certain dark forces want to make animism a virtue, and non-animism a vice!
In one of his first statements reported in the last 72 hours by the media, the senator highlighted article 20 of the Sino-Congolese contract providing, in the event of a dispute, an amicable solution and if, in the six months after that proves impossible, international arbitration.
The important information provided, however, is the amicable solution used more than once, without fanfare.
The question, from this moment, is then to know why this time the exception, and again in the street!
Would it be to cover up the blunder committed in September 2022?
As a reminder, acting out of time, an Igf investigation mission dispatched to Lubumbashi had ordered the suspension of customs exemption duties, and this, without the knowledge not only of the General Directorate of Customs and Excise and the Ministry of Finance, but also and above all of the head of the Igf.
Because the whole crisis started from this decision.
Moreover, it is quite significant that in all their declarations relating to this affair, neither the officials nor the unofficial visibly opposed to the Sino-Congolese contract allude to it.
However, it is common knowledge, to quote Nicolas Boileau, that if "What is conceived well is stated clearly, and the words to say it arrive easily", the opposite consequence is that "What is stated badly ends badly , and the words to say it come with difficulty”!
Case of the Final Report causing so much controversy spread out, moreover, by the 13 questions of the Honorable Prince Kaumba Lufunda.
This case has something foreign
Going back to the title, any serious contract provides its dispute resolution mechanism or mechanisms.
Simply because there is no human structure under the heavens that can function properly without the appearance, at one time or another, of a crisis or a conflict resulting from a misunderstanding.
Also, wanting to be serious, the Sino-Congolese contract has article 20 as well as article 19 that commentators should take the trouble to read.
One can, for one reason or another, believe oneself to be stronger than the partner one wants to weaken, but it is always advisable not to do without the mechanism provided for solving problems, as it is true that by the force of things, we always come back to them.
Doing so is disruptive to the business climate, especially in terms of investment and when Sicomines, the Association of Chinese Capital Enterprises in the DRC or any individual draws public attention to this disruption, the responsible response is not to shout from the rooftops the grievances likely to arise. be qualified or disqualified in the event of national or international arbitration.
The responsible response is to admit that the mistake would be to publicly mistreat Sicomines and believe to convince other investors to replace it.
On the contrary, as an "informed man" or a "scalded cat", these investors will prefer to go and operate under other skies than to give themselves up hand and foot tied to Congolese officials and unofficials capable, at any time, of getting out of the mechanisms of settlement of disputes provided for in negotiated contracts, and to engage all in spectacle.
Finally, this case has something foreign: unlike the incriminated party who obviously cares about the present and the future of Sino-Congolese relations, the incriminating party acts as if it doesn't care, even if it means putting the President of the Republic Félix Tshisekedi before the fait accompli!
Once again, the question is to know why and for whose benefit...
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