07/08/2023
I know the following is just a long winded pile of bullshit from Celestin Kibeya Kabemba from last month but it relates to the ICSID case and really shows how deluded this bloke is and how obvious his lies are….
ECONOMY
CIRDI arbitration in New York on the Manono Lithium project: The COMMINIERE makes itself available to the advisory team as a reinforcement for the DRC
July 11, 2023
In a correspondence addressed, on July 07, 2023, to the Minister of State, Minister of Justice and Keeper of the Seals, with expansion to the competent Authorities including the President of the Republic, Head of State, the Prime Minister, Head of Government, to the Minister of State, Minister of the Portfolio, to the Minister of Mines, and finally; to the Special Advisor of the Head of strengthening the team of councils designated to defend the interests of the Democratic Republic of the Congo (DRC) at the arbitration chamber of the International Centre for the Settlement of Investment Disputes (IDRC), in New York, United States of America, on the Manono lithium project.
Indeed, the Congolese mining company (COMMINIERE SA) - Congolese company 90% owned by the Congolese State and 10% by the Caisse Nationale de Sécurité Sociale (CNSS) - AVZ INTERNATIONAL PT LTD (Australian Company), DATHOMIR MINING RESOURCES SARLU (Congolese Company) and JIN CHENG MINING COMPANY LTD (Chinese Company) are respectively shareholders of DATH before the Congolese courts, more or less 12 (twelve) and 6 (six) arbitrations before the Court of Arbitration of the International Chamber of Commerce CCI, in Paris, France.
"We were informed that the Australian company AVZ INTERNATIONAL had just introduced, on June 8, a new arbitration before the CIRDI in Washington and, this time, against the Democratic Republic of the Congo," wrote the DG ai of the COMMINIERE SA, Mr. Célestin Kibeya Kabemba. He continued: "The dignity of the country, its economic independence and its security are at stake in this case. Although COMINIERE SA is not a party to this conflict, we are convinced that this ClRDI arbitration is closely linked to COMINIERE SA because it represents the interests of the State in the DATHCOM MINING joint venture and the Manono Lithium project. "
AVZ INTERNATIONAL responsible for the stagnation for seven years of the Manono Lithium project
It should be remembered that this CIRDI arbitration has its origin in the partnership between AVZ INTERNATIONAL and COMINIERE SA. The latter has the best knowledge and sufficient factual evidence of a number of contract violations, abuse of majority shareholders, stock speculation and fraud on the part of AVZ INTERNATIONAL. According to the management of COMMINIERE SA, "VZ INTERNATIONAL is responsible for the stagnation for seven years of the Manono Lithium project, which caused the country to miss a period of soaring lithium prices". In this context, although the Directorate General of COMMINIERE SA does not doubt the certain failure of the Australian company AVZ in this arbitration, it nevertheless suggested to the Authority (Minister of Justice and Keeper of the Seals) to include the portfolio company COMINIERE SA and its team of lawyers in the CIRDI's arbitration response team, in collaboration with the recruited International firm, because they all levels, including in front of the President of the Republic, Head of State.
Apart from the factual evidence of a number of contract violations, abuse of majority shareholders, stock speculation and fraud, AVZ INTERNATIONAL is also accused by its former Chairman of the Governing Council of "racism and insults against Kinshasa", acts that made it lose Manono's juicy face. But how did we get there? The answer comes from distant France.
"Racism and insults caused AVZ Minerals to lose the Manono mine," said Mr. Klaus Eckhoff, Chairman of the honorary Board of Directors of this multinational, in an article entitled "Former AVZ chairman slams racist shareholders, plots new Manono deal", published on July 10, 2023 in the economic daily The Australian Financial Review (AFR). In this media outing, AVZ is criticized for its racism and repetitive insults towards the Democratic Republic of Congo (DRC) and its leaders.
" Repetitive violations of the law and infringement commissions by AVZ have (also) led to the stagnation of the Manono mine for seven years.
But AVZ, through its advisors, shareholders, investors and writers, blamed the country and the people of the DRC for the stagnation of the Manono mine and arrogantly engaged in condescending insults and discrimination, "added Mr. Klaus Eckhoff, former PCA of AVZ Minerals and architect of the acquisition of the Manono lithium project in 2017. In addition, this veteran of the mining industry criticized some "racist" shareholders for stirping up tensions between the suspended lithium miner and his partners in the DRC, including the Congolese mining company (COMMINIERE SA).
According to our source, an online campaign, led by AVZ's defaulting shareholders, regularly insults government representatives and Mr. Eckhoff and seriously damages AVZ's reputation in the DRC. "Look at hotcrapper on Twitter, all the racist comments and images there," denounced Mr. Eckhoff, from his base in Saint-Tropez, France. Before breaking the nail: "Government representatives speak French, but they can also read English and they understand and think that it comes from Australia. This contributes to perception, which is a problem. This is a situation in which the company (AVZ) is suing everyone, including the state, and how can it work in the country? They did not get along with their partners and the people who live in the country and who have a certain influence. If you are not there, it will be difficult. "
As if they were not enough, to these serious shortcomings of AVZ are added the statements of Mr. Cyprien Kitanga Kabale, Territorial Administrator of Manono, against COMMINIERE SA, its management and the interests of the State on a file that does not fall within its competence. Because, in the mining sector, competence is attribution. A gross fault committed by this State clerk that will not fail to be sanctioned by the competent authorities at national and provincial level.
About the CIRDI
The ICSID is the world's leading institution dedicated to the settlement of international investment disputes. It has extensive experience in this field, having administered the majority of international investment cases. States have designated the ICSID as the body for the settlement of disputes between an investor and a State in most international investment treaties as well as in many investment laws and many investment contracts.
The ICSID was established in 1966 by the Convention for the Settlement of Investment Disputes between States and nationals of other States (the ICIRID Convention). The CIRDI Convention is a multilateral treaty, developed by the Directors of the World Bank to implement the Bank's objective of promoting international investment. The CIRDI is an independent, apolitical and effective dispute resolution institution. It is available to investors and states, which helps to promote international investment by ensuring confidence in the dispute resolution process. It is also available for disputes between States under investment treaties and free trade agreements, and it acts as an administrative register.
The CIRDI ensures the settlement of disputes through conciliation, mediation, arbitration or fact-finding procedures. The ICSID process is designed to take into account the specific characteristics of international investment disputes and the parties involved, maintaining a fair balance between the interests of investors and those of host States. Each case is examined by a conciliation commission or an independent arbitral tribunal, which decides on the light of the evidence produced by the parties and their legal arguments. A dedicated ICSID team is assigned to each body and provides its expertise and assistance throughout the procedure. To date, more than 900 cases have been administered by the CIRDI.
In addition, ICSID increases awareness of international foreign investment law and the ICSID process. It has an extensive program of publications, including the reference journal ICSID Review-Foreign Investment Law Journal, and it regularly publishes information about its activities and the cases it deals with. ICSID staff organize events, make numerous presentations and participate in conferences on the settlement of international investment disputes around the world.
Dans une correspondance adressée, le 07 juillet 2023, à Madame le Ministre d’Etat, Ministre de la Justice et Garde des Sceaux, avec ampliation aux Autorités compétentes dont Monsieur le Président de la République, Chef de l’Etat, Monsieur le Premier Ministre, Chef du Gouvernement, à Madame le...
geopolismagazine.net
