International court rules against Uganda

John Kaninda

Johannesburg — Years of controversy over the Democratic Republic of Congo’s claims of invasion, plunder and massive human rights abuses by Uganda finally came to an end when a top United Nations (UN) court ruled yesterday that Kampala violated its sovereignty during a 1998-2003 war.

The UN’s International Court of Justice in The Hague said in its ruling yesterday that Uganda was responsible for human rights abuses during the war, and was also responsible for acts of plunder in Congo by failing to ensure that its soldiers respected the country’s natural resources.

Congo — rich in gold, diamonds and timber — was the battleground for rebels, local factions, tribes and neighbouring countries, including Uganda, during the five-year war, in which an estimated 3-million people died, mainly from hunger and disease.

“Uganda played a considerable role in the murderous war which tore apart the Congo for five years,” Congolese representative Maitre Tshibangu Kalala told the court at the start of public hearings in April.

His assistant, Ambroise Kamukuni, hailed the court ruling as a courageous decision.

“When the late president Laurent Desire Kabila accused Uganda and Rwanda of invading the Congo in 1998, his calls for justice and compensation fell on deaf hears,” Kamukuni said. “The international community decided to ignore the claims. However, the court has shown â-oe that it is not ready to condone human rights violations and pillaging of a sovereign country’s resources.

“This has set a precedent in the subregion and countries will think twice before engaging in conflicts and taking advantage to enrich themselves,” he said.

The Congolese barrister said it was now up to the government to set up a mechanism to evaluate damages. Kinshasa said in court it would seek $6bn-$10bn in compensation. Under court rules, state parties have a chance to negotiate compensation between themselves, but judges said the amount was appropriate.

Samuel Monga, political attaché at the Congo embassy in Pretoria, said the ruling would foster efforts made by Congo, Rwanda and Uganda to normalise their diplomatic relations.

Congo took Uganda to the World Court in 1999, accusing it of human rights abuses and armed aggression, and called for compensation for acts of looting and property destruction.

Rwanda and Uganda invaded Congo after rebel factions they backed took up arms in 1998 to topple the late president Laurent Kabila, who was supported by Namibia, Angola and Zimbabwe.

A cease-fire was negotiated in 1999 and Ugandan troops finally pulled out in 2002.

The Ugandan team, led by attorney-general Khiddu Makubuya, argued that the intervention was necessary to protect its national security, by fighting against Ugandan rebels who had settled in Congo.

A UN report in Nov. 2001 said the initial motivation for Rwanda and Uganda to intervene in the central African country had been to secure their borders. But, over time, the lure of rich natural resources became the primary motive for staying in many areas of the former Zaire and perpetuating the warfare.

UN officials have accused Ugandan commanders of stealing gold, diamonds and timber, although Ugandan President Yoweri Museveni has rebuffed such charges, saying there is nothing of value in the country to exploit. Under a 2003 peace deal, a power-sharing government was set up to shepherd the Congo to elections this year, but armed groups still rule much of the country as local strongmen protect privileges built up during the war.

(Associated Press)