S/PV.4113Resumption1 Security Council
▶ This meeting at a glance
23
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Resolutions
Topics
Security Council deliberations
Peacekeeping support and operations
General statements and positions
Southern Africa and apartheid
General debate rhetoric
Security Council reform
Africa
The President: In accordance with the understanding
reached in the Council's prior consultations, the Council
will now hear statements by those Member States that wish
to make comments on the report of the Panel of Experts
and to whom invitations have been extended under rule 37
of the Council's provisional rules of procedure.
The first speaker is the representative of Burkina Faso.
I invite him to take a seat at the Council table and to make
his statement.
Mr. Kafando (Burkina Faso) (spoke in French): It
was only yesterday evening that we were able to acquaint
ourselves with the report of the Panel of Experts to
investigate violations of Security Council sanctions against
UNITA. My delegation regrets the fact that it was not
received early enough to allow us to study it in depth and
thus make a significant contribution to the debate. We shall
return to this aspect of the matter later. For the time being,
I wish to thank you, Sir, for having given us the floor to
express our view on the work of the Panel of Experts.
The report submitted today for the consideration of the
members of the Security Council - the broad coverage of
which by the media before its official publication has
already been the subject of a response by my
Government - calls for the following preliminary
comments from us.
First of all, it should be noted that the mission of the
Panel of Experts to my country, Burkina Faso, in pursuit of
its investigations was quite clearly botched. Indeed, when
the Chairman of that Panel, Ambassador Anders Mollander,
wrote to me on 11 November 1999 to propose the date of
13 December 1999, my Government suggested instead the
month of January for the simple reason that the appropriate
political authorities capable of responding usefully to the
Panel's expectations would be unavailable on the
aforementioned date, as they would be in Lome for the
summit of the Economic Community of West African
States. This arrangement seemed to have been set, in
particular following exchanges with the Chairman of the
Sanctions Committee, when, on Friday, 3 December 1999,
to our great astonishment, the Panel of Experts called from
Abidjan to tell us that they were compelled to move on to
Ouagadougou. Thus, as one might expect, the experts were
received only by administrative officials who, quite
naturally, were in no position to respond to their questions.
Nevertheless, in Lome, where they subsequently travelled,
the experts were received at great length by our Minister
for Foreign Affairs. Clearly, however, from Togo he was
in no position to accede to their request to visit certain
supposedly suspicious locations that they wished to
investigate. Thus, we are baffled by the report's assertion
in paragraph 21 that the Burkinabe authorities turned
down on the spot the request of the Panel to investigate
the airport at Bobo-Dioulasso. These details, which are
not unimportant, appear nowhere in the report, thus giving
the impression of a deliberate desire on the part of the
Burkinabe authorities not to cooperate. Is it possible that
all this was done to embarrass and put them in a helpless
position, so that they might be accused later of refusing
to cooperate?
Moreover, Ambassador Fowler will remember that,
out of concern for the transparency of my country's
position, I proposed in an interview with him that the
Panel of Experts should return to Burkina Faso. He saw
no objection to this and even suggested to me that, should
such a fresh visit prove impossible, Burkina Faso could
provide by writing any information that the experts might
request.
I needed to recall all this to demonstrate the extent
to which it is difficult to consider the work done by the
Panel of Experts in Burkina Faso as particularly
meticulous. And yet, for one thing, the accusations
levelled at my country are founded on the results of that
mission. For another, we note that the thrust of the report
of the Panel of Experts is based on allegations made by
UNITA defectors - in other words, by people who had
become the enemies of their former leader, Jonas
Savimbi, and whose judgment, necessarily coloured by
rancour and perhaps by the spirit of vengeance, cannot
help but be biased and partial.
On the basis of this consideration alone, how can we
put stock in such allegations? For the sake of our
Organization's credibility, an inquiry report of this
importance - and, one might say, gravity, since it
implicates countries and heads of State - must be based
strictly on precise, tangible, verified and verifiable facts
secured in an impartial and transparent process. However,
with all due respect to the members of the Panel of
Experts, this report seems to be built on allusions rather
than on certainties. It will be noted, for example, that
most facts lack dates and are often flawed by a lack of
concordance and consistency. For instance, with respect
to paragraph 10 of the report, General Bandua, the chief
witness against Burkina Faso, was fully aware that the
Angolan Government had been informed that he was to
be questioned by the experts. What credence can we give
to such testimony?
Our reading of the report leaves us with the sense of
a certain degree of partiality based on a presumption of the
guilt of some countries and leaders and of the innocence of
others. Otherwise, how can we explain this ill-considered
focus primarily on three African countries thousands of
kilometres from the theatre of operations? By apparent
coincidence, these three incriminated countries are in the
same geographical area and are, moreover, French-speaking.
Let us call things by their proper names.
We could expatiate at length on the partiality of the
report, but we do not wish to tax the Council's patience,
especially since it appears that we will have the opportunity
to return to this matter.
Nevertheless, we wish to raise three points. The
members of the Committee carried out their enquiries in
Europe, the United States, Israel and elsewhere. Why does
the report remain silent in this regard? It seems strange that
it is mainly African countries that are mentioned, given that
the report refers to them only as relay points or
intermediaries. What about those at the top? What about the
main sources? What about the final destinations? What
about those who benefit at the end of the chain of
command?
The Panel of Experts considered the question of
mercenaries with UNITA as being very important. Despite
that, and although the Panel constantly received relevant
information in this respect, the experts on the Panel say that
they were not able to verify such information. Did they
even bother to interview the representatives of the
Executive Outcomes company, or even to question certain
countries about this important issue?
There seems to be a clear desire to obscure facts and
to exculpate certain important actors. The report itself
states, in paragraph 12, "Inevitably, a number of actors,
including important ones, will have escaped direct
mention." If they are important actors, why have they
escaped mention? And why is that "inevitable"?
Let us now consider what the report calls UNITA's
use of diamonds to buy friends and supporters, as set out in
paragraphs 99 to 104. The experts attest to having received
first-hand testimony which makes it possible for them to
name several heads of State. According to paragraph 12 of
the report, one of the principles adopted by the Panel is that
a fact can be validated only if it is corroborated by at least
two sources of information. The accusation levelled at the
President of Burkina Faso is based on the testimony of
one individual alone, Mr. Bandua. Why, in that specific
case, did the Panel not follow its own rationale, its own
principle? Here it is practising double standards.
Once again, we would like to welcome the initiative
of the Security Council in setting up the Panel of Experts,
because, ultimately, it is concerned with bringing out the
truth. But in our opinion, any investigation must be based
on a rigorous, fair and reliable foundation.
Burkina Faso believes that the report of the Panel of
Experts does not comply with the rigorous scientific
requirements of that approach. Furthermore, given the
sensitive nature and the gravity of the accusations made,
we believe that the States concerned should have had the
opportunity, even before the report was issued, to
respond, and that such responses should have been
included in the final report. That would at least have had
the merit of transparency and, in particular, of fairness.
We object to the conclusions of the report of the
Panel of Experts, and especially to those which accuse
our head of State by name. Before this Council, we
reaffirm the denial issued by our Government on
12 March.
Perhaps my country's only fault - which has
caused so much acrimony on the part of certain States -
is that it is one of the few countries as yet to dare to
think that any solution to bring peace to Angola cannot
exclude negotiation.
Nowhere in the report is there any mention of the
Angolan people. However, in the end, it is their destiny
that matters. On the other hand, there are numerous
references to diamonds.
We would therefore like to ask several questions.
Who is benefiting from the embargo? Who is buying
UNITA's diamonds? Who is manufacturing weapons and
selling them to UNITA, which is buying them with
diamond money? Such questions - and many more -
should have been elucidated in the report. Many small
countries, including mine, would like to have answers.
In conclusion, I should like to reaffirm my country's
commitment to the relevant decisions of our shared
Organization, the United Nations, and to state once again
that Burkina Faso will join in any initiative aimed at
achieving peace and that it will do its utmost to help to
achieve that objective in Angola, in Africa and throughout
the world.
The President: The next speaker is the representative
of Togo. I invite him to take a seat at the Council table and
to make his statement.
Mr. Kpotsra (Togo) (spoke in French): Allow me
first of all to congratulate you warmly, Sir, on your
assumption of the presidency of the Security Council for
this month. I am sure that your country, Bangladesh, will
make a positive contribution to the work of this body
during your term of office.
I should also like to thank the members of the
Security Council for giving me an opportunity to speak
during this debate on the situation in Angola and to let
them know, on a preliminary basis, my observations on the
report of the Panel of Experts set up in accordance with
Security Council resolution 1237 (1999). Naturally, my
country reserves the right to provide the Security Council
with any necessary additional information at a later stage.
I should first like to say a few words about the people
of Angola and all of those who are suffering from the civil
war in that country. The most recent report of the
Secretary-General (S/2000/23) stated that there are 3.7
million victims of the conflict, 2 million of whom have
been displaced. That report also indicates, in paragraph 15,
that in Angola, "various military elements, including
UNITA, have been responsible for the looting of crops and
destruction of property".
Togo profoundly wishes for peace to return to that
country and for a political solution to be quickly found to
the conflict, which has lasted too long. We sincerely hope
that both parties to the conflict, the Government and
UNITA, will recognize the possible role that the United
Nations could play.
During the most recent meeting on this issue, on 18
January, the Chairman of the sanctions Committee was so
kind as to provide us with a video presentation worthy of
the sorry episodes of the Moscow trials, showing UNITA
defectors bearing witness. Today, the Council has before it
the report of the Panel of Experts responsible for studying
violations of sanctions against UNITA.
While condemning the flimsy and selective nature of
the accusations in the report, I should like to make two
comments. First, it should be emphasized that, normally,
anyone bringing an action in a court or making an
accusation against a third party has an obligation to prove
the facts. It is the person bringing the charge who must
provide the evidence, not the other way around.
Secondly, almost all of the serious accusations
against Togo are based on declarations made by deserters
and defectors from UNITA, namely, General Bandua,
Colonel Alcides Lucas Kangunga, alias Kallias, Colonel
Aristides Kangunga, brother of the aforementioned, and
Mr. Araujo Sakaita. I would point out, that contrary to
what is said in the report in footnote 5 to paragraph 9,
where the latter is said to be "a son of Jonas Savimbi",
who "broke with UNITA and returned to Angola from
Lome in October 1999", the student Araujo Sakaita was
kidnapped in October 1999, when he was 19 years old.
This kidnapping was followed by an attempt, on 19
November 1999, to kidnap his younger brother, Eloy
Sakaita, who was 17 years old at the time. Thwarted by
the Togolese security services, this attack was carried out
by Mr. Manuel da Silva Casimiro, the Second Secretary
in the Angolan embassy in Lagos. Arrested and indicted,
he then said that he was acting on his own, in order to
get a promotion, following the example of those who had
carried out the first kidnapping.
I would also like to stress in particular the working
methods followed. Unfortunately, the working methods
consisted of compiling rumours, hearsay and gossip that
were then regarded as being verified because they were
confirmed by UNITA defectors. How can one give any
credence to allegations made by such people when they
all subsequently joined the Government army? Is it not in
their interest, just for the sake of survival, to repeat what
others, trained in the best schools of the cold war, have
whispered to them?
In one of those very few cases where the
information given by a defector, in this case General
Bandua, was indeed verified by the Panel of Experts, the
information proved to be unfounded. To be specific, let
me refer to paragraph 40 of the report:
"General Bandua stated that he thought that
BM-27 (Hurricane) Multiple Launch Rocket
system had come from Ukraine, via Togo.
However, the Government of Ukraine reported
that there were no authorized arms sales from
Ukraine to Togo during the relevant period."
On this point, the report concludes again in
paragraph 40:
"The Panel's investigation turned up no evidence
that the Government of Ukraine sold arms or
otherwise provided military assistance directly or
indirectly to UNITA."
So why does the Panel not exonerate Togo in this case
in the same way as it exonerated Ukraine?
The absolute lack of rigour in the approach taken can
be seen again from paragraphs 101 and 102 of the report,
in which the Panel of Experts claims that payments were
made in the form of diamonds. No date is given, which is
hardly astonishing since the facts are invented. Assuming,
however, that the sanctions Committee would like to ask us
for additional explanations, we would like to know the
specific dates of the meetings that are mentioned. Did the
meetings all occur after 28 August 1997, the date on which
the Security Council adopted resolution 1127 (1997)
prohibiting travel by members of UNITA? And the
supposed exchange of the diamonds, did that happen after
12 June 1998, when the Security Council adopted resolution
1173 (1998) prohibiting the transfer of diamonds held by
UNITA?
Yet such a generously financed body should really
take a more rigorous approach that particularly takes into
account the gradual evolution of the sanctions imposed and
the way they progressively became more diversified.
Then in paragraph 64 of the report, we are virtually
accused of being "solicited", along with Burkina Faso and
Zambia, by UNITA with a view to providing it with
petroleum products. "Solicited" obviously does not mean
that we agreed to do this, and the Panel of Experts is
careful not to accuse us on this particular score. But,
nevertheless, the damage is done, the seeds of doubt were
sown.
I, too, could take information from here and there and
proclaim it loudly in all directions from the rooftops. For
example, I could speak of the content of the excellent
report from the Canadian non-governmental organization
Partnership Africa-Canada on diamond trafficking in Sierra
Leone and say that the De Beers diamond company -
which, curiously, is so seldom cited in the report of the
Panel but which controls between 80 and 90 per cent of the
world diamond trade - acquired, in 1999, 35 per cent of
the Ekati mine in Canada, which is to represent 6 per cent
of world production in the years to come.
I could also mention the case of Sierra Leone, for
while there is no Canadian interest in the case of Angola,
in Sierra Leone there are three Canadian companies -
Rex Diamond Mining Corporation, Am Can Mineral
Limited and Diamond Works - which have all been
operating in Sierra Leone. I could say that those in charge
of the Rex Diamond Mining Corporation, which was
registered on 14 September 1985 in Toronto, have
publicly boasted of their privileged relations with Foday
Sankoh's Revolutionary United Front (RUF).
These are proven facts that I am citing. Should I
conclude from all this that the Government supports
RUF? Would I go and write such a thing without asking
for the view of the country concerned? This, nonetheless,
is what has been done in the case of Togo, and I ask all
the members of the Security Council to think about this.
Let me come back to the working methods of the
Panel. My country attaches great importance to this. We
sincerely believe in the neutrality of the United Nations.
On several occasions the report accuses my country of
having hosted the family of Mr. Savimbi, including his
children, in violation of existing sanctions. We do not
deny this fact, but unless we enter the logic of personal
vendetta, we do not see how children can be held
responsible for the actions of their fathers. It is, however,
clear that if the children were on the list drawn up by the
sanctions Committee, we would immediately take the
necessary steps to expel them from our country. But
would the United Nations venture to proceed along this
road and deny the right to life and the right to education
to children whose parents are - at a given
moment, because things do change in life - presumed
guilty of certain crimes. The devastating consequences for
innocent civilians of the sanctions imposed and applied
blindly against Libya and Iraq, for example, make us
shudder at the very idea.
In any case, let the Security Council and the
sanctions Committee shoulder their responsibilities, and
I assure the Council that we will shoulder ours. Certainly
we can be accused of many things - of advocating
dialogue in order to foster peace on our continent, and of
rightly refusing to hurl anathema on certain individuals -
but I do not believe we can honestly be accused of having
violated existing sanctions.
Turning again to the selective nature of the
accusations by the Panel of Experts, I would like to note
and deplore the fact that many countries that have long
been known to be involved in violations of sanctions
relating to Angola are deliberately omitted from the
report, and sometimes mitigating circumstances are
invoked by the Panel in favour of certain Governments or
countries. One cannot otherwise understand how in
paragraph 142, for example, the Panel of Experts can allow
itself to say, "the current military leadership in Abidjan is
said to be close to Savimbi and very sympathetic to
UNITA." But there is not a word about the considerable
influence brought to bear by distinguished individuals on
spheres of power or on the decision-making process in
certain countries.
Also, one could well wonder about the relevance of
omissions in recommendation 34 of the Panel, where
nothing is said about certain subregional organizations to
which the Council is invited to submit the report, as though
to imply that there is a certain hostility on the part the
members of these subregional organizations vis-a-vis the
peace process in Angola.
I now come to the investigations undertaken in my
country. I should point out, since the Panel of Experts did
not deem it opportune to do so, that the period of 8 to 11
December 1999 was slated for the visit to Lorne of three
members of the Panel. Unfortunately, that coincided with
the summit of the West African Monetary Union, which
was followed by the conference of heads of State of the
Economic Community of West African States. We therefore
proposed to the Chairman of the Panel to delay the visit
slightly and to come after 10 December. However, the three
experts did not heed our suggestion and kept to their initial
plan as though their presence alone meant that all the
competent national departments should be available to them
regardless of the summits being held. As a result, it was not
until a few hours before their departure on 11 December
that the Minister for Foreign Affairs and Cooperation of my
country and the chief of police met with them, twice.
Having some information on the violations cited in
connection with the UNITA meeting, the Togolese side
gave its reactions. Responding to information regarding the
welcoming of Mr. Savimbi on his arrival at Lome on 17
November. The Togolese side provided evidence to show
that the Government was at that time meeting in the
Council of Ministers at Kara, in the north of Togo, and that
there it met President Alpha Oumar Konare of Mali.
Obviously, if Mr. Savimbi had landed at Lorne on the same
day aboard a military aircraft, accompanied by Mr. Jean-
Pierre Bemba - leader of the Movement for the Liberation
of the Congo (MLC) - he certainly did not receive a
welcoming ceremony commensurate with his presumed rank.
Apart from the rather disconcerting frivolity with
which the Experts - entrusted by the Council to work on
a noble cause - offered these accusations against States,
and above all against heads of States, leaks were
cunningly orchestrated to make the report available to the
media; there were attempts to set States and subregions
against each other; and there was an impression of
collusion between the interests of a country that has an
official mandate and the implementation of sanctions
against UNITA. These are elements that could
significantly affect the credibility of the Security Council
and of the United Nations. I think this should be remedied
immediately.
As far as Togo is concerned, we have always
affirmed and reaffirmed our commitment to the United
Nations, to the ideals of the Charter and to peace in
Africa. We have always advocated cooperation between
the Angolan and Togolese security services. I am happy
to be able to tell the Council that an Angolan delegation
visited Togo last week, specifically from 4 to 10 March
2000. The delegation visited a number of locations that
the international brainwashing campaign has identified as
being involved in violations of the sanctions against
UNITA. It went to the Commando de Kpewa National
Training Centre, in the north of Togo, which was
established in 1975 and has already provided training for
and graduated over nine classes of monitors and
commando instructors, both nationals and foreigners. Is
this not evidence of Togo's commitment to transparency
in inter-State relations? Is this not an indication of our
willingness to dispel all misunderstandings and to
contribute to the relaunching of the peace process in
Angola?
I cannot conclude my statement without stressing,
for the benefit of those who have called for it, that just as
they would not be inclined to interfere in the way in
which the Innuit of Labrador or the Nisga'a people of
British Columbia are ruled over, so are Africans loathe to
accept directives or injunctions from individuals who
come from elsewhere - whatever mandate they may
have taken on. Until the contrary is proved, the future of
the Organization of African Unity remains in the hands of
Africans.
In conclusion, I would like to reiterate the
importance my country attaches to achieving lasting peace
in Angola. Would not the energies we are now expending
in accusing each other, in defending ourselves and in
indicting each other not be better utilized in favour of that
objective?
The President: Then next speaker inscribed on my list
is the representative of Rwanda. I invite him to take a seat
at the Council table and to make his statement.
Mr. Mutaboba (Rwanda): My delegation wishes to
commend the President, and his predecessors, for the work
he is doing and for presiding over this body. We hope he
will bring its deliberations to wise conclusions.
We also wish to express support for the mission of the
Committee on sanctions and for its Chairman's commitment
to gather information and recommendations for the Council
to work on.
The Government of Rwanda has, like other Members
of the United Nations, just learned of the contents of the
report of the Panel of Experts on Angola sanctions. I wish
to recall that when the Panel of Experts was constituted, it
was given the following mandate: to collect information and
investigate reports relating to the violation of sanctions
imposed against UNITA with respect to arms and related
material, mercenaries and other forms of military assistance
to UNITA; to collect information and investigate reports
relating to the violation of sanctions imposed against
UNITA with respect to petroleum and petroleum products,
diamonds, and the movement of UNITA funds; to identify
parties aiding and abetting the violation of Security Council
sanctions against UNITA; and to recommend measures to
end such violations and improve implementation of the
sanctions imposed by the Council against UNITA.
While reserving its right to express its views on the
entirety of the report of the Panel of Experts in writing,
there are some sections of it to which the Government of
Rwanda wishes to react to immediately, today. These are
contained in paragraphs 25, 26, 50, 67, 82, 83, 107, 148,
155 and 156. In those paragraphs, the Panel of Experts is
making very wild allegations about Rwanda's cooperation
with UNITA. Those allegations could be summed up as
having to do with military cooperation, arranging diamond
sales and facilitating meetings with weapons brokers.
The Rwanda Government wishes to state categorically
that these allegations have no foundation and are merely
hearsay from quarters that distort facts for reasons known
only to themselves. What is also very clear is that contrary
to its mandate to investigate reports, even where the Panel
was given clarifications, those were not taken aboard, as is
evidenced throughout the report. When the Panel visited
Rwanda, it was given information and explanations -
which are not even mentioned as having taken place - and
we wonder how and why the Panel has decided to leave
them out of the report.
Generally speaking, the report is misleading. It has
a lot of confusion and contradictions due to poor sources
of information and useless details. There are many
examples to illustrate this lack of consistency, but because
of the constraints of time we will detail them to the
Security Council in writing.
For the record, the Rwandan Government wishes to
make it clear that there is no military cooperation with
UNITA. The fact that Rwandan troops used Angolan
territory to evacuate Rwandan troops did not necessarily
mean a pact with Savimbi. Angola knows how we
evacuated our troops in a successful military rescue
operation. I insist on this. Nobody ever had contact with
Savimbi, or with any UNITA officials for that matter. It
could have been the first one, and thank God it never
happened. To suggest, as the report does, especially in
paragraph 26, that some Rwandan troops stayed together
with UNITA forces is simply a blatant lie with no logic
at all.
There is absolutely no truth to the allegation in
paragraph 26 of the report that Rwandans "have allowed
UNITA to operate more or less freely in Kigali for the
purposes of arranging diamond sales". Also, individuals
mentioned in paragraphs 26 and 148 had no business
contacts with Rwandan authorities. I insist on that. This
allegation is another result of rather vague, non-specific,
unresearched and unverified information. This raises
serious questions.
The Panel of Experts owes the Security Council
better investigations, instead of a simplistic "Mobutu
versus Kabila" factor, as to why Rwanda is allegedly
dealing with UNITA today. This is wrong and an
intellectually lazy way of thinking and of patching stories
together to discredit someone and a country that, as
rightly expressed by the report, had never had any
contacts with Savimbi or his movement before. History
should take them somewhere else - not to Rwanda, the
ever-surviving poor victim of all United Nations failures.
Rwanda formally challenges the Panel to produce
concrete evidence of the unfounded and uncalled-for
allegations, and wishes to reiterate its commitment to the
resolutions of this body and of the United Nations as a
whole. The burden of proof falls on the Panel to give
evidence to the Security Council, and to the countries
mentioned in the report, in order to substantiate these
allegations, and Rwanda should be allowed, like any other
Member of the United Nations, to work on its continued
support for sanctions against UNITA.
Rwanda still believes that the Angolan people have
suffered enough and wishes to reiterate its support for
whatever needs to be done to bring peace and security to
Angola and the region.
The President: The next speaker is the representative
of South Africa. I invite him to take a seat at the Council
table and to make his statement.
Mr. Kumalo (South Africa): Let me begin by
thanking you, Mr. President, very much for hosting this
meeting today. We believe that this is an important
meeting, and we are pleased that you are able to invite us
to participate in it.
The South African Government welcomes the report
of the Panel on violations of Security Council sanctions
against UNITA. In the coming weeks, my Government will
be studying this report with great care, and we look forward
to the following meetings at which the sanctions Committee
will discuss this same subject. At the same time, we look
forward to receiving more evidence on the allegations that
are contained in the report. We support all the United
Nations sanctions against UNITA and shall continue to
work closely with the United Nations for the success of
these measures in order to secure a peaceful solution to the
conflict in Angola.
We are aware that some of our citizens have been
involved in efforts aimed at undermining the United
Nations sanctions. We shall take firm action against those
involved. South Africa will continue to advocate a political
solution to the conflict in Angola, as we remain convinced
that there can be no lasting military solution. We once
again urge UNITA to abandon war and embrace peace.
The President: The next speaker is the representative
of Bulgaria. I invite him to take a seat at the Council table
and to make his statement.
Mr. Sotirov (Bulgaria): I would like to extend my
gratitude to Ambassador Robert Fowler for the informative
presentation he made this morning with regard to the
outcome of the activities of the Panel of Experts on
violations of Security Council sanctions against UNITA.
Since the report of the Panel, contained in document
S/2000/203 of 10 March 2000, distributed yesterday, has
references to my country, I feel obliged to take the floor
and to share with the members of the Security Council
my preliminary observations on it. At the same time, I
would like to reserve the right of my delegation to
respond more comprehensively to the accusations raised
against my country at a later stage.
Allow me at the outset to express my Government's
frustration with the violation of the established procedure
requiring all countries concerned to be acquainted first
with the report, before it is given to the mass media. We
hope that the way in which this document was issued will
not set a precedent in the activities of the Council.
In order to avoid similar unacceptable situations in
the future, my delegation would like to put forward for
consideration two concrete proposals. First, the Chairman
of the relevant body should not only bear the primary
responsibility for the content of the report, but he or she
should be responsible for any unauthorized leakage.
Secondly, to assist the Chairman of the relevant body in
fulfilling this responsibility, the document should be given
to the interested States mentioned in it in the original
language in which it was produced at the same time or
before it is given to the Secretariat for translation and
general distribution.
After these procedural remarks, I would like to bring
to the Council's attention that the report of the Panel of
Experts was duly forwarded to the respective Bulgarian
authorities for further consideration, examination and
analysis. However, it is absolutely clear at this point that,
despite some speculation in the mass media, the report
does not, and could not, contain even a single piece of
concrete evidence linking Bulgaria as a State or its State
policy with any violation of Security Council resolution
864 (1993) or of the internationally recognized standards
and norms of arms control regimes. The report itself
states in paragraph 15 that
"arms procurement by UNITA was not by means of
direct contact between UNITA and arms producing
countries." (S/2000/203).
The Bulgarian Government has extended its full
support to the Security Council resolutions on Angola,
and our political position with regard to UNITA and the
situation in Angola has been categorically confirmed by
our adherence to the declarations and decisions made by
the European Union on this issue. Bulgaria has
demonstrated its willingness to fully cooperate with and
assist the sanctions Committee and the Panel of Experts
established to investigate violations of sanctions against
UNITA.
During the visit of the Expert Panel - led by its
Chairman, Mr. Anders Mollander - to Bulgaria from 19
to 21 January 2000, a number of meetings were held at the
Ministry of Foreign Affairs, the Ministry of Economy and
the Interdepartmental Council at the Council of Ministers.
The latter is the only authorized licensing body in Bulgaria
in the area of arms trade. Comprehensive and substantial
written information was provided, including a response to
the additional inquiries, which was submitted to the Panel
on 11 February last. All information thus presented to the
Panel attests to the fact that the Bulgarian authorities have
acted in strict compliance with domestic legislation and
with the Security Council resolutions on Angola.
That is why we would like to share with the Council
our great concern in respect to the following. It is our full
conviction that the States that extend their full support and
assistance to control and monitoring bodies should not be
punished by the distortion and misinterpretation of the
information they submit to the experts, whatever the
reasons for such handling of the facts. One might even get
the impression, on the other hand, that the countries that did
not provide substantive information in a timely manner are
on the safe side, since they are not being extensively
referred to in the report. Such an approach is totally
unacceptable and is harmful to the effective monitoring of
the implementation of the Security Council resolutions. It
can only discourage the willingness, and increase the
cautiousness, of those Governments with regard to the
activities of the expert bodies. These bodies should pursue
their mandates with objectivity, impartiality and
non-selectivity, and they should base their findings and
recommendations on sound legal evidence.
Let me at this stage briefly comment on some of the
major allegations raised in the report that involve Bulgaria.
First, the assumption that the arms transaction referred to in
paragraph 38 of the report was carried out is groundless.
The deal was cancelled when the end-user certificate
believed to be provided by the Ministry of Defence of
Zambia was proved false. The equipment mentioned in that
paragraph can still be found and verified in the storage
premises of the Ministry of Defence of Bulgaria. The
approach followed by the Panel in this case raises serious
doubts about the credibility of the information sources used
in the preparation of the report.
Secondly, no legal obstacles were seen to the arms
supply to Togo cited in paragraph 42 of the report, since
the country was not subject to an arms embargo, either by
the Security Council or by the European Union.
Furthermore, the transaction was approved on the basis of
genuine end-user certificates submitted by the Ministry of
Defence of Togo.
Thirdly, the training of Zairian military officers in
Bulgaria took place on the basis of a bilateral agreement
between the two Ministries of Defence in 1996, when no
restrictions applied to military cooperation of this type.
Having said this, on behalf of the Bulgarian
Government, I categorically reject as absolutely
unfounded and unacceptable any accusations raised or
presumed in the report of the Expert Panel of possible
violations by my country of the Security Council
sanctions against UNITA.
As we have repeatedly declared in recent years,
Bulgaria has been applying the most stringent controls to
its foreign arms trade, based on a specific law adopted by
Parliament in 1996. Each foreign transaction in arms and
dual-use goods and technologies is considered and
approved on an individual basis, after a meticulous review
of the required documents. This legally binding procedure
is strictly observed. The established regulations for export
control licensing are being consistently improved, with the
aim of achieving the standards of the European Union in
this regard. A legislative amendment is currently being
put on the high-priority agenda of the Government and
Parliament for the first half of this year. The amendment
is intended to introduce more developed mechanisms for
the control and implementation of international
restrictions imposed on the arms trade with regard to
specific countries and regions.
Not only is Bulgaria active in the improvement of its
national legislation, but it is sparing no effort to enhance
international and regional cooperation in this area. A
regional conference on export controls was held in
December 1999 in Sofia, at the initiative of the Bulgarian
Government, under the auspices of the Stability Pact for
South-Eastern Europe. The Conference adopted two
important political documents: a joint declaration on
responsible arms transfers and a statement on
harmonization of end-user certificates. The 12
participating countries agreed on a number of concrete
measures to combat illicit arms trafficking in the region,
thus contributing to the fulfilment of the common goal of
the international community in this field.
Finally, I would like to assure the Council that the
Bulgarian Government will seriously consider the report
and is ready to cooperate further with the Security Council
Committee on sanctions against UNITA.
The President: The next speaker inscribed on my list
is the representative of Zambia. I invite him to take a seat
at the Council table and to make his statement.
Mr. Kasanda (Zambia): My delegation wishes to
congratulate the Panel of Experts on violations of Security
Council sanctions against UNITA for the great amount of
work they put into compiling the report which is before the
Security Council today. Special thanks, of course, go to
Ambassador Fowler for the leadership role he continues to
play to ensure that the sanctions imposed by the Security
Council against UNITA not only remain effective but are
tightened.
My delegation wishes to reiterate the Zambian
Government's commitment to ensuring peace in our region.
As such, we will remain opposed to actions that could
reinforce conflict in neighbouring countries. Peace and
stability must return to Angola without any further suffering
of the Angolan people. To this effect, my Government will
fully cooperate with all efforts by the international
community to ensure compliance with the Security Council
sanctions against UNITA.
With regard to the contents of the report itself, I wish
to state that a number of the suggestions and
recommendations made will certainly prove effective in
ensuring that sanctions are further tightened in order to
completely diminish UNITA's ability to wage war. The
report, however, has just come out, and many Governments,
including my own, have not had a chance to study and
consider it fully. My Government will therefore comment
on the report at an appropriate time.
The President: The next speaker is the representative
of Morocco. I invite him to take a seat at the Council table
and to make his statement.
Mr. Zahid (Morocco) (spoke in French): As this is
the first time I have had the opportunity to address the
Council since you, Sir, assumed the presidency, I do not
want to miss this opportunity to convey to you the warmest
congratulations of Morocco and of the Moroccan
delegation. We are convinced that thanks to your diplomatic
skills and experience, and your thorough knowledge of the
United Nations, you will successfully conduct our work and
the work of the Council throughout this month.
Allow me also to convey the Moroccan delegation's
congratulations to Ambassador Fowler on the report that
he, in his capacity as Chairman of the Security Council
sanctions Committee on Angola, introduced to the
Council.
We also thank the Council for having acceded to our
request to have an opportunity to clarify the situation
concerning a reference - a minor one, certainly, but it is
a reference nonetheless - to the Government of the
Kingdom of Morocco and to Morocco.
In paragraph 123 of the report, the Panel indicates
that it learned that in 1995 Mr. Savimbi had placed
$250,000 with UNITA's representative in Morocco, and
that additional payments were made later. The same
paragraph indicates that at least some Moroccan officials
knew of the initial deposit, which, according to the report
itself, occurred prior to the imposition of sanctions on
UNITA. And paragraph 125 concludes that the Panel
"noted the apparent absence of any action by
Morocco to track down or freeze UNITA assets that
had been transferred to that country with the
knowledge of Moroccan officials".
Here there is an error in the French text, which instead of
saying "des fonctionnaires", should say "de
fonctionnaires". We are not talking about all the officials,
just some of them, as the report previously states.
In order to dispel any ambiguity and to clarify the
situation, I would like to inform the Council that the
funds referred to in the report were completely exhausted
before the imposition of sanctions. As regards the UNITA
representative who is mentioned, we have already
formally reported to the sanctions Committee and its
Chairman that this person left Morocco a long time ago,
and I would like to confirm this today.
In conclusion, I would like to reaffirm Morocco's
support for all the efforts of the international
community - beginning first and foremost with our
Council - to restore peace, stability and prosperity to the
fraternal country of Angola, which has suffered
excessively from the torments of war.
The President: I thank the representative of Morocco
for the kind words he addressed to me.
The next speaker is the representative of Belarus. I
invite him to take a seat at the Council table and to make
his statement.
Mr. Sychov (Belarus) (spoke in Russian): Allow me
first of all to thank you, Mr. President, for convening this
meeting and for allowing us to address the Council on such
an important matter.
The Government of the Republic of Belarus welcomes
the efforts made by Ambassador Fowler of Canada,
Chairman of the Security Council sanctions Committee on
Angola. We welcome his efforts to establish an effective
mechanism for putting pressure on UNITA in the interest
of stabilizing the situation in Angola. The importance of
today's meeting was underlined by the statements made
here by the United Kingdom Minister of State, Mr. Hain,
and by the Angolan Minister for External Relations,
Mr. Miranda, and by other representatives in the Council.
In the view of the Belarus Government, Ambassador
Fowler's idea of establishing this panel of experts to
thoroughly investigate the implementation of the sanctions
against UNITA was a new and unusual step. It will
certainly help mobilize further efforts of the international
community to ensure strict compliance with the sanctions
regimes imposed by the Security Council.
The Panel's report presented to the Council today is of
fundamental importance. The facts and recommendations
contained therein must be studied most carefully, and
relevant measures should then be adopted both by the
Members of the United Nations and by the Council.
At this stage, I would like to offer a few preliminary
comments on the report. Belarus is one of the States that
the Chairman of the Expert Panel, Ambassador Mollander,
visited in early February of this year. I would like to note
that the Government of the Republic of Belarus allowed
Mr. Mollander's Panel the opportunity to study
comprehensively the work of the border and customs
authorities of Belarus, the work of the Foreign Ministry and
the system of export controls imposed to comply with the
provisions of Security Council resolutions involving
Angola.
The Government of the Republic of Belarus prepared
detailed answers in response to the follow-up questions that
were asked by the Panel while it was in Minsk. Since the
Panel had not set any specific time-frame for the
submission of the information, our response was made
available to the Chairman of the sanctions Committee and
of the Panel Chairman, Mr. Mollander, immediately after
the competent authorities in our Republic had prepared
this response. Ambassador Fowler discussed this today.
At the same time, we are sorry to see that the
Panel's report does not note the unwavering and strict
commitment of the Republic of Belarus to comply with
the sanctions regimes imposed by the Security Council.
Nor does the report reflect the fact that the Panel did not
uncover any violations by Belarus of the provisions of the
Council's resolutions. In this connection, we would like
to note that additional information was submitted on 29
February - exhaustive information on all the questions
that had been asked by the Panel - and the Expert
Panel's report was issued on 10 March. We hope that
subsequent documents from the Panel of Experts and
from the Security Council will contain the relevant
information in this regard.
In conclusion, allow me once again to emphasize
that the Republic of Belarus always has, does and will
strictly comply with all decisions of the Security Council,
in accordance with the United Nations Charter and other
international legal instruments. The Government of the
Republic of Belarus intends to cooperate tirelessly with
the Sanctions Committee, the Panel of Experts and the
Council as a whole in the hope of achieving a political
settlement to the conflict in Angola.
The President: The next speaker is the
representative of Belgium. I invite him to take a seat at
the Council table and to make his statement.
Mr. Adam (Belgium) (spoke in French): Belgium
has read with the greatest attention the report of the Panel
of Experts before us on today's agenda.
Our Deputy Prime Minister and Minister for Foreign
Affairs, Louis Michel, is in Luanda today and has had a
lengthy interview with the President of the Republic of
Angola. I can assure the Council that our two
Governments approach the question of sanctions in the
same way.
We are aware of the unspeakable suffering of the
children, men and women of Angola. That is why
Belgium is committed firmly and unreservedly to the
objectives pursued by the authors of the report and
believes, as they do, that the effectiveness of and
monitoring mechanisms for Security Council sanctions must
be improved. In this spirit, Belgium regrets the omission of
important information from the report, as well as the
inclusion therein of some unfounded references.
The Government of Belgium has indeed assumed its
responsibilities and has taken United Nations sanctions very
seriously from the moment they have been imposed. Three
important elements with respect to the actions of my
Government seem to be lacking from the report.
After several internal preparatory meetings, an
interdepartmental working group referred to in the report -
the so-called "diamond task force" - was established in
January 2000. This task force has met five times since the
beginning of the year. It includes representatives of all
Belgian ministries and departments concerned. It has
studied and decided upon several measures to improve the
mechanism monitoring the provenance of diamonds. These
measures consist, inter alia, of enhanced monitoring by
customs authorities and the Ministry of Economic Affairs,
as well as the establishment, together with the Luanda
authorities, of a certification mechanism. Other
administrative measures are under consideration by the task
force.
We did not, however, wait for the creation of the task
force to strengthen the existing controls, which had already
led to the seizure of illegal diamonds. Following upon the
actions undertaken since then by the task force, customs
and judicial investigations have been initiated with regard
to various persons suspected of illegal diamond trading.
Moreover, in a discussion which the Minister for
Foreign Affairs had recently with the management of the
Diamond High Council, the latter undertook to revise its
procedures at the request of the Belgian Government. It was
decided, inter alia, to create a second working group, to
include representatives of the Belgian Government and the
Diamond High Council, to draft a programme of action and
determine measures to be taken.
Furthermore, the Belgian Government has fully
cooperated with the Chairman of the Sanctions Committee
from the outset. In February this year, the Chairman of the
Sanctions Committee was informed orally and in writing of
the most recent measures undertaken by the Government,
thus bringing up to date the information available to the
Committee. Finally, these measures were made public on 3
March in a press release issued by the Ministry of Foreign
Affairs in Brussels.
Information has been provided to the Panel of
Experts on Belgians or other people operating abroad who
might hold Belgian nationality. Unfortunately, the report
makes no mention of this cooperation or of the drafting
currently under way of an effective Belgian bill on
extraterritoriality for crimes related to the illegal
diamonds trade. Moreover, a protocol agreement exists
between the Diamond High Council and the judicial
authorities in charge of prosecuting diamond-related
crimes.
The Panel claims to have found that
"the extremely lax controls and regulations
governing the Antwerp market facilitate and perhaps
even encourage illegal trading activity". (S/2000/203, para. 87)
However, Belgium is the only - I emphasize only -
country of the European Union with a binding licensing
system for the import and export of diamonds, based on
two laws of 1962 and several royal and ministerial
decrees of 1987, 1993, 1995 and 1997. The entire trade
in diamonds with countries not members of the European
Union is subject to this system. There is also a
monitoring mechanism for all diamond trading within the
European Union.
The Belgian Government is accordingly surprised to
find no, or at best only partial mention in the report of
these various measures, despite the fact that information
on them was conveyed in due time. Thus, the reference
to the
"unwillingness of the responsible authorities in
Belgium effectively to police the smuggling of
illegal Angolan diamonds onto the market" (ibid., para. 108)
would not appear to reflect the true state of affairs.
Another point I wish to make refers to the entirely
erroneous assertion in paragraph 88 of the report that an
estimated 4,000 to 5,000 diamond dealers in Antwerp
operate in a so-called "grey" market outside the
regulatory framework. All importers and exporters of
diamonds are required to enrol with the Department of
Licenses in Antwerp, which is under the direct
responsibility of the Belgian Ministry of Economic
Affairs. This is not the case for jewellers - in Belgium
or anywhere else, for that matter - a distinction that was
apparently lost on the authors of the report.
Although reference is made in the report to the
fundamental problem of identifying the origin of
diamonds - particularly in paragraphs 98 and 92 - this
extremely complex issue is insufficiently elaborated and
clearly underestimated in the report.
The Belgian Government welcomes the
recommendation made in paragraph 113 that a conference
of experts convene for the purpose of determining a system
of controls that would allow for increased transparency and
accountability in the control of diamonds from the source
or origin to the bourses. We will participate and ensure that
Belgian expertise contributes to such an endeavour.
In conclusion, I wish generally to emphasize
Belgium's appreciation of the clear and specific language
of the report, which will help to modernize the working
methods of the Security Council. At the same time, we
regret that the report makes no mention of the factual
information - of fundamental importance to us - that was
conveyed by my delegation here in New York and during
the visits of its authors to Brussels and Antwerp.
I thank Ambassador Fowler for the additional points
he made on this matter in his oral briefing, but, frankly, I
should have preferred them to appear in the report. Belgium
accordingly requests that, when the Security Council
resumes its discussion, the report be brought up to date to
take the factors I have indicated into account.
Finally, Belgium reiterates it full readiness to work in
close cooperation with the Sanctions Committee. We share
the idea that armed conflicts must be resolved through a
political approach, without ignoring - as the report
does - the perverse economic mechanisms that feed
conflicts.
The President: The next speaker is the representative
of Uganda. I invite him to take a seat at the Council table
and to make his statement.
Mr. Semakula Kiwanuka (Uganda): First of all, let
me congratulate you, Sir, on your assumption of the
presidency of this body, and commend you for convening
this meeting, which is discussing a subject that is very
important in our region. My delegation also welcomes the
presence here today of the Minister for External Relations
of the Government of Angola and of the Minister with
responsibility for Africa of the Government of the United
Kingdom.
The Government of Uganda welcomes this report
(S/2000/203), which is very important. We welcome the
recommendations therein, because we believe they will
strengthen the sanctions regime against UN ITA. However,
my Government expresses its regret that, in spite of
extensive discussions which the Panel of Experts held
with Ugandan officials last month, all the information that
was exchanged and provided was ignored. The Panel,
apparently, remained unconvinced, and went ahead and
reproduced the allegations. For that reason, I take this
opportunity to present to this Council and to you,
Mr. President, the record of the discussions that took
place in Uganda on 16 February.
The Panel of Experts to investigate violations of
sanctions imposed against UNITA visited Uganda from
14 to 17 February this year. The team was in Uganda to
investigate allegations against Uganda - allegations of its
collaboration with UNITA in contravention of United
Nations sanctions. The members of the Panel met
Ugandan Government officials on Wednesday,
16 February, and they were led by Ambassador Anders
Mollander.
The Panel raised a number of questions, made
allegations and sought answers from the Government of
Uganda. The Government of Uganda categorized those
questions under several headings, which appear in the
annex to document S/2000/200.
The first category was alleged arms transfers by the
Government of Uganda to UNITA. The Panel sought to
know whether it was true that some of the military tanks
imported by Uganda through the port of Dar es Salaam in
Tanzania in 1998 and early 1999 were destined for
UNITA-held areas.
The Panel of Experts sought to know whether it was
true that there was a relationship between UNITA and the
Uganda-backed rebel movement of J ean-Pierre Bemba,
which is fighting the Government of Kabila in the
Democratic Republic of the Congo. The Panel wanted to
know whether Uganda was a conduit for arms to the rebel
movement, in circumvention of the arms embargo.
The Panel wanted to find out from the Ugandan
Government who issued end-user certificates for arms
re-exported from Uganda.
The Panel of Experts wanted to establish the truth
regarding Ugandan customs procedures, and whether it
was possible to import and re-export UNITA diamonds
into and out of Uganda, and to re-export petroleum
products to UNITA-held areas in Angola.
The Panel sought to obtain information about air
supply and cargo aircraft operating out of Uganda. It asked
why an alleged high-level Government official took an
interest in the release of a cargo plane which had been
impounded in Zambia in August 1999, after having
discharged its cargo, on suspicion that it had been ferrying
arms to UN ITA-held areas. It was alleged that someone in
the Government of Uganda asked President Chiluba of
Zambia to intervene in order to have the plane released.
The Panel wanted to verify reports of visits by senior
Ugandan army officers to UNITA-held areas of Angola
between 1996 and December 1999. The Panel also wanted
to establish whether there was a visit to Uganda by
Jonas Savimbi of UNITA in October and November 1999,
as well as visits by other senior UNITA officials.
The Panel asked the Ugandan Government to tell the
truth as to whether Uganda had any information about
Victor Bout or Boutov, an arms dealer operating a cargo
airliner under different names; Jacques "Kiki" Lamaire,
who owns planes and is involved in fuel airlifts to UNITA;
and many others.
The Government of Uganda responded to those
questions as follows. With regard to arms transfers to
UNITA, as far as end-user certificates for large
consignments of arms are concerned, these are issued only
by the Permanent Secretary, Ministry of Defence. The
office of the Permanent Secretary, Ministry of Defence,
confirmed to the Panel of Experts that no such certificate
has ever been issued for arms to Angola.
As for the alleged importation of tanks through the
port of Dar es Salaam in 1998 and 1999 which were
allegedly sent to UNITA, the Government of Uganda
informed the Panel of Experts that all the tanks which had
been imported through the port of Dar es Salaam were still
in the possession of the Ugandan armed forces, and it asked
the experts to verify physically those facts.
The Government of Uganda informed the experts -
and I would like to inform you, Mr. President, and this
Council - that Uganda does not supply, and has never
supplied arms to UNITA, either directly or indirectly,
through the Movement for the Liberation of the Congo
(MLC). It is a well-known fact that most of the arms which
are used by the rebel group in the Democratic Republic of
the Congo were captured from the Government forces of
the Democratic Republic of the Congo and from the allies
of Kabila who were defeated, namely, the forces from
Chad.
I would like to inform this Council that, while the
Government of Uganda is cooperating with the MLC of
Jean-Pierre Bemba, it is not the policy of the Government
of Uganda to dictate whom our partners cooperate with.
Therefore, the Government of Uganda cannot be
responsible for the arms which the rebel groups have in
their possession.
On customs procedures, I would like to inform the
Council, as the Government informed the Panel of
Experts, that Uganda does not have a seaport. Most of the
imports - indeed, 70 per cent of them - come in by
road. With regard to transit cargo, the customs department
of the Uganda Revenue Authority receives and escorts
transit cargo vehicles from entry to exit points. In most
cases, the original seals on the containers are left intact.
Should there be any cause of suspicion, Customs does the
physical verification of the goods, after which a Uganda
Revenue Authority seal is put on the container. In all
cases of transit goods, a customs bond is executed at the
point of entry and the same sum is refunded at the end.
Total verification is done at an inland container
depot for goods destined for Uganda. The Government
informed the Panel of Experts that records showed clearly
that Uganda had neither imported nor re-exported
diamonds into or out of Uganda. Uganda, as you know,
does not produce petroleum products; neither does it
re-export those products, either by land or by sea.
With regard to the cargo aircraft which took off
from Entebbe, the Panel was informed that Uganda has
only one international airport, at Entebbe, with three
runways. The other airfields are either grass or murram
and only take light aircraft.
The Government of Uganda is a signatory to the
Chicago Convention on International Civil Aviation;
Uganda is, therefore, duty bound not to allow into her
airspace aircraft violating the airspace of other sovereign
States. The air base at Entebbe is open to and is used by
many leased aircraft, but it is impossible to conduct secret
flights from there without attracting the attention of the
Government.
The report specifically mentions a plane which was
impounded in Zambia and which was allegedly operating
out of Entebbe. I would like to inform you, Mr. President,
that that plane was impounded in Lusaka, Zambia after it
had left Entebbe for the last time, one month, in July, prior
to its impounding. It left Entebbe allegedly en route to
Eldoret, in Kenya. If it diverted itself to Lusaka, the
Ugandan Government was not responsible for that. There
are no records to indicate that the plane returned to Entebbe
after it had been banned, although the operator made
several attempts to have it returned.
The Government of Uganda takes serious exception to
the allegation that a very high-ranking member of the
Government contacted President Chiluba over the release of
the plane, and we strongly object to the insinuation that that
high Ugandan official who contacted President Chiluba
could only have been President Chiluba's counterpart. We
challenge the Panel of Experts to produce evidence for that
insinuation.
With regard to visits by UNITA officials to Uganda
and vice versa, I would like to inform the Council that
Mr. Savimbi never visited Uganda on those said dates. No
UNITA official has ever visited Uganda since the
imposition of the travel ban. No Ugandan Government
official has visited UNITA-held areas in Angola. The
names of people forwarded by the Panel did not appear
anywhere in the records of Uganda.
On other matters that the Panel raised - that UN ITA
assisted the Uganda armed forces and installed an
anti-aircraft battery in Kisangani - the Panel was
informed, and I repeat, that the Uganda Government found
it ridiculous that the Panel could conclude that the Uganda
Government would depend on a fledgling rebel army for its
air defence.
On alleged military cooperation in the Democratic
Republic of the Congo: the Uganda armed forces in the
Democratic Republic of the Congo are not holding any
territory which borders UNIT A-held areas and, therefore,
the allegation that the two armed forces are collaborating is
unfounded.
Before I conclude, let me state that the Panel was
informed that Angolan intelligence officers had visited
Uganda in the framework of cooperation between the two
Governments and had the opportunity to travel to different
parts of the country in which they had interest but had not
turned up any evidence incriminating Uganda. The
Government of Uganda would accept and welcome any
follow-up visit, from Angola or from the investigators of
this Panel should they wish to do so, in order to erase the
suspicion of alleged collaboration of Uganda and UNITA.
We state Uganda's support for the Angola Peace
Agreement and respect for and adherence to all Security
Council resolutions. The Panel was informed that Uganda
would submit its findings to the Chairman of the Security
Council Committee on Angola, who would in turn make
a report to the Security Council. The Government of
Uganda takes this opportunity to reiterate its offer to the
Angolans to come to Uganda, if they so wish, and cross
check the information given over the period and on the
allegations made in this report.
In conclusion, Uganda is committed to peace and
security in Africa. Uganda has no collaboration
whatsoever with UNITA. Uganda has never, and will
never, support any measure which breaks the sanctions of
the United Nations Security Council.
The President: I shall now give the floor to
Ambassador Fowler, Chairman of the Security Council
Committee established pursuant to resolution 864 (1993)
concerning the situation in Angola, to respond to some of
the comments and questions raised.
Mr. Fowler: I join virtually every other speaker in
expressing my thanks to you, Mr. President, and to our
colleagues in the Council for agreeing to give the
representatives of countries accused of sanctions busting
a chance to state their case. I think it is important that we
did so, and I am glad they had that opportunity.
I reject, of course, any suggestion that my
country - very, very recently a diamond producer - is
somehow biased in its administration of Security Council
sanctions. Further, I can assure you, Mr. President, that
no Canadian participated in the leaking, cunning or
otherwise, of any documents to the press relating to the
Panel's report. Indeed, I personally deeply regret that such
leaks occurred, and I apologize for any embarrassments
such leaks caused, particularly in view of their significant
inaccuracies.
With regard to strident statements suggesting the
Panel used something less than adequate rules of
evidence, I would note that the Panel used a higher
standard - more than one witness deemed credible by
the Panel, with direct personal knowledge of specific
violations - than would apply in a court of law in most
countries in, say, a bribery case.
The 15 hours of interviews with captured or defected
UNITA officers in Luanda in early January were of
course recorded four and a half months after the Panel
began its investigations, and therefore were used to
corroborate, confirm or eliminate a huge volume of
evidence already received by the members of the Panel in
their extensive travels.
I appreciate that this is not a typical meeting of the
Council, nor is it easy for any country to suffer such
accusations. That said, some useful information was offered
this afternoon - particularly by Morocco and Belarus -
and I am grateful for it. After all, this is what we are about;
we are in the business of improving our database and our
information exchange, and this meeting has been useful for
that purpose.
The development of such information, and the
provision of such recommendations as we have received
from the Panel this morning, is of course precisely what we
asked the Panel of Experts to do. As I said this morning, I
believe that they have done us proud, and under extremely
difficult circumstances. I ought to have added - and I am
pleased to do so now - that the Panel did so without fear
or favour, and I think that is clear from its report.
Faced with convincing evidence of high-level
complicity, I stress that the Panel had no option but to
report it. Sanctions have been grievously flouted by
individuals, Governments and business enterprises in the
matter of arms and war materiel for nearly seven years.
Until very recently, the will of the Council with regard to
the never-ending civil war in Angola had had absolutely no
impact in terms of limiting the horror being visited upon
the people of Angola. Clearly, the Council hopes to change
that, and the Panel has offered a blueprint for change.
No change is possible, however, without radical
changes in the way we all do our business and in the
standards of compliance we require of all Member States.
For there is a massive body of evidence that the sanctions
have been consistently and grossly violated, and nobody has
agreed with that. How else has Savimbi managed to carry
on this war in the way that he has? Every Member of this
Organization knows that these sanctions are being violated,
and it cannot really be a surprise to learn how it is being
done. We look forward to cooperating closely with all
Members of the Organization, including those who took the
floor this afternoon, as we develop new standards of
sanctions discipline to deprive UNITA of its military
option.
Before I conclude, I would just like to say a word to
my colleague, Ambassador Doutriaux, further to his
intervention this morning. He asked lots of questions that
I think would take a lot longer than six months to answer,
but they are valid questions, and he has every right to ask
them. Certainly we need to know more and, as the Panel
has recommended, I hope very much we will put in place
a continuing mechanism to get the sorts of answers he has
requested and, indeed, to be able to ask more questions.
Of course, that is why I put before the Council a very
specific recommendation of the Panel to set up a
continuing mechanism that will allow the provision of
more answers and the asking of more questions in an
interactive process.
Ambassador Doutriaux himself allowed that he was
aware that certain sources of information cannot be
revealed, but others can and will be. As to his specific
queries about the provenance of specific statements and
the timeliness and the charges made by the Panel, if I
could ask him to make his questions a little bit more
precise I will ask the Panel to give what answers they can
to his specific questions, bearing in mind that the Panel
is on overtime and that they are not being paid. They are
here because they decided to join us, and maybe we had
better not impose on them until we have decided what we
are going to do in the future and whether we are going to
somehow make it possible for them, or their successors,
to continue working for this particular public good.
I wish to assure Ambassador Doutriaux that the
Panel was well aware of the specific moments at which
specific sanctions came into effect. There is no doubt that
the Panel knew that arms sanctions had been in effect
since 1993 and that travel and diplomatic sanctions had
been in force since 1997, and diamond sanctions since
1998, and those timing realities were very carefully
reflected in their findings, conclusions and
recommendations.
The delegation of France has asked whether
countries and Governments more specifically accused of
sanctions busting were consulted in advance. I think the
Ambassador of Tunisia asked somewhat the same
question. The short answer is that they were, both by the
Panel - which in a couple of instances was treated rather
shabbily when it visited certain countries and tried to
engage in an effective dialogue - but also by me in the
days that preceded the release of the Panel's report. I
wish to qualify that by noting that I did not provide
representatives of countries that were subsequently
accused of sanctions busting in the report with precise
details or conclusions of the Panel's report, which of
course I did not and could not have known until two
weeks ago. I did meet with those concerned, however, to
give them a very general but nevertheless clear idea of the
extent of the findings that I anticipated would be reached
by the Panel.
In conclusion, as Chairman of the Committee charged
with enforcing these measures, I hope that the Governments
that for different reasons have not cooperated or responded
specifically to specific Panel requests until now might soon
do so. If they address any such information to me as
Chairman of the Committee rather than to the Panel, which
is now defunct, I will ensure that the information is brought
to the attention of the Committee and therefore informs our
further work in this area.
I thank you, Mr. President, for this detailed day of
investigation into why sanctions against UNITA have not
worked better and on how we can make them work better
in the future.
The President: There are no further speakers
inscribed on my list.
In prior consultations, the Council decided to
convene another open meeting to give an opportunity to
the larger membership of the United Nations to participate
in this issue. I will keep myself open to that on the
understanding that if there are needs expressed and
requests by the Member States to speak, then maybe we
will schedule such a meeting.
In any case, the Security Council will remain seized
of the matter.
The meeting rose at 5.30 pm.
▶ Cite this page
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