Letter dated 12 April 2001 from the Secretary-General
to the President of the Security Council
I wish to refer to the presidential statement dated 2 June 2000 (S/PRST/2000/20) in which the Security Council requested me to establish a Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth in the Democratic Republic of the Congo for a period of six months. The Council also requested that the expert panel, once established, submit to the Council, through me, its final report at the end of the mandate.
Further to my letter dated 2 April 2001, I have the honour to transmit to you the report of the Panel, submitted to me by the Chairperson of the Panel. I should be grateful if you would bring the report to the attention of the members of the Security Council.
(Signed) Kofi A. Annan
Report of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo
Contents
Paragraphs
Page
I. Introduction.........................................................
1–24
3
A. Summary.......................................................
4–8
3
B. Methodological framework
9–16
4
C. Overview.......................................................
17–20
5
D. Background.....................................................
21–24
6
II. Illegal exploitation of natural resources and other forms of wealth
25–108
6
A. Pre-existing structures that facilitated illegal exploitation
26–31
6
B. Mass-scale looting...............................................
32–45
8
C. Systematic and systemic exploitation
46–70
9
D. Current structures of illegal exploitation................................
71–86
14
E. Individual actors.................................................
87–93
17
F. Economic data: confirmation of the illegal exploitation of the natural resources of the Democratic Republic of the Congo.................................
94–108
19
III. Links between the exploitation of natural resources and the continuation of the conflict
109–212
27
A. Budgets compared to military expenditures
110–124
27
B. Financing the war................................................
125–172
29
C. Special features of the links between the exploitation of natural resources and the continuation of the conflict
173–180
36
D. Facilitators or passive accomplices?
181–212
37
IV. Conclusion and findings...............................................
213–218
41
V. Recommendations....................................................
219–242
42
Annexes
I. Sample of companies importing minerals from the Democratic Republic of the Congo
via Rwanda...................................................................46
II. Countries visited and representatives of Governments and organizations interviewed
48
III. Abbreviations.................................................................
55
I. Introduction
1. By the statement of its President of 2 June 2000 (S/PRST/2000/20), the Security Council requested the Secretary-General to establish an expert panel on the illegal exploitation of natural resources and other forms of wealth of the Democratic Republic of the Congo, for a period of six months, with the following mandate:
– To follow up on reports and collect information on all activities of illegal exploitation of natural resources and other forms of wealth of the Democratic Republic of the Congo, including in violation of the sovereignty of that country;
– To research and analyse the links between the exploitation of the natural resources and other forms of wealth in the Democratic Republic of the Congo and the continuation of the conflict;
– To revert to the Council with recommendations.
2. The Secretary-General, in his letter to the President of the Security Council dated 31 July 2000 (S/2000/796), notified the President of the Security Council that the composition of the Panel was as follows:
Mme Safiatou Ba-N’Daw (Côte d’Ivoire) (Chairperson);
Mr. François Ekoko (Cameroon);
Mr. Mel Holt (United States of America);
Mr. Henri Maire (Switzerland);
Mr. Moustapha Tall (Senegal).
3. The Panel was assisted by a technical advisor, an associate political officer, an administrator and a secretary.
A. Summary
4. Illegal exploitation of the mineral and forest resources of the Democratic Republic of the Congo is taking place at an alarming rate. Two phases can be distinguished: mass-scale looting and the systematic and systemic exploitation of natural resources.
5. Mass-scale looting. During this first phase, stockpiles of minerals, coffee, wood, livestock and money that were available in territories conquered by the armies of Burundi, Rwanda and Uganda were taken, and either transferred to those countries or exported to international markets by their forces and nationals.
6. Systematic and systemic exploitation. Planning and organization were required for this phase. The systematic exploitation flourished because of the pre-existing structures developed during the conquest of power of the Alliance of Democratic Forces for the Liberation of Congo-Zaire. These pre-existing structures were improved over time and new networks for channelling extracted resources were put in place. However, the systemic exploitation used the existing systems of control established by Rwanda and Uganda. In both cases, exploitation was often carried out in violation of the sovereignty of the Democratic Republic of the Congo, the national legislation and sometimes international law, and it led to illicit activities. Key individual actors including top army commanders and businessmen on the one hand, and government structures on the other, have been the engines of this systematic and systemic exploitation.
7. The consequence of illegal exploitation has been twofold: (a) massive availability of financial resources for the Rwandan Patriotic Army, and the individual enrichment of top Ugandan military commanders and civilians; (b) the emergence of illegal networks headed either by top military officers or businessmen. These two elements form the basis of the link between the exploitation of natural resources and the continuation of the conflict. Other contributing factors however exist — the roles played by some entities and institutions, and the opportunistic behaviour of some private companies and influential individuals, including some decision makers in the Democratic Republic of the Congo and Zimbabwe. Some leaders in the region bear a direct responsibility. The Panel concludes that tough measures must be taken to bring to an end the cycle of exploitation of the natural resources and the continuation of the conflict in the Democratic Republic of the Congo.
8. The Panel’s recommendations revolve around six broad themes: (1) sanctions against countries and individuals involved in the illegal activities; (2) preventive measures to avoid a recurrence of the current situation; (3) reparations to the victims of the illegal exploitation of natural resources; (4) design of a framework for reconstruction; (5) improvement of international mechanisms and regulations governing some natural resources; and (6) security issues.
B. Methodological framework
9. Methodology. Owing to the nature of the work and the complexities of the issues, a methodology that allows flexible data collection was essential in order to complete this project. The Panel has therefore utilized:
(a) Primary data collection. Official documentation from ministries and other institutions as well as recorded minutes of meetings involving various relevant actors;
(b) Secondary sources. Reports, workshop proceedings, published and unpublished literature;
(c) Interviews. Structured, semi-structured and open interviews as well as interviews resulting from various network referrals.
10. A vast amount of data was obtained from three essential sources:
(a) Countries and other entities involved in the conflict in the Democratic Republic of the Congo, namely: Angola, Burundi, the Democratic Republic of the Congo, Namibia, Rwanda, Uganda, Zimbabwe, RCD-Goma and RCD-ML;
(b) “Third-party” sources such as Belgium, Cameroon, China, Denmark, France, Germany, Kenya, the Netherlands, the United Kingdom of Great Britain and Northern Ireland, the United Republic of Tanzania, the United States of America, Switzerland, various United Nations agencies, the International Monetary Fund, the World Bank, the World Trade Organization, OECD, the International Coffee Organization, De Beers, the Diamond High Council, the International Diamond Manufacturers Association, the University of Maryland, the World Resource Institute and CIFOR;
(c) Various individual actors and stakeholders who expressed an interest for various reasons in sharing their knowledge and understanding with the Panel.
11. The production and export data series available for the analysis cover the period 1995-2000. Data were systematically analysed separately and then compared with one another. Comparative analysis thus contributed to the Panel’s ability to develop a good understanding of the issues. In addition, the Panel sought to cross-check every item of information received. In relation to this and to the extent possible, Panel members attempted to speak to individuals against whom serious allegations were made. When access to those key witnesses or primary actors was denied, Panel members often relied on their closest collaborators for insight. The Panel however faced a problem of imbalance in the acquisition of data. Indeed data was abundant for Rwanda, Uganda, RCD-Goma, RCD-ML and MLC. This is partly due to the high number of insiders living in the Democratic Republic of the Congo and in Europe who were directly involved with those entities and who offered to share almost everything they knew or had experienced or gathered as documentation while they were involved with them. The same quantity and quality of data were not available for Angola, Namibia or Zimbabwe, although the Panel visited those countries. This constraint can be felt in the report. Overall the report was written using the empirical method combined with the economic analysis of data collected, supported by elements of evidence.
12. Establishing boundaries. Geographically, data were gathered for occupied and non-occupied territories within the Democratic Republic of the Congo as well as for any country involved in the conflict or of other strategic importance, geographic, financial or other. With respect to natural resources, the Panel focused on minerals, forest and agricultural products and other forms of wealth, primarily taxes. Given the high number of natural resources found in the Democratic Republic of the Congo, the high level of exploitation by numerous parties, and the limited time and resources available to the Panel, the following criteria for the selection of resources to be examined were developed:
• The commercial value of the resources in absolute terms;
• The interest of parties in the resources;
• The scale of exploitation.
13. Based on these criteria, three categories of products were of primary consideration: (a) mineral resources, primarily coltan, diamonds, gold and cassiterite; (b) agriculture, forests and wildlife, including timber, coffee and ivory; and (c) financial products, mainly in regard to taxes. Copper, cobalt, livestock, gorillas, okapis, tobacco, tea, palm oil and land allocation deserved to be among the resources and products to be studied. Some did not meet established criteria, however, and for others, such as copper and cobalt, time constraint was the main reason for a lack of study. These resources are touched upon in the report for illustrative purposes, but were not systematically studied.
14. Defining the key concepts. In determining the parameters of the project the definition or interpretation of illegality and exploitation was vigorously debated.
15. Illegality. The most contentious concept in the mandate has been the term “illegality” with regard to exploitation. Almost all actors in the conflict and observers requested a clear definition of illegality. In the Panel’s view, the understanding of illegality is underpinned by four elements all related to the rule of law, namely:
(a) Violation of sovereignty. The first element is based on the Security Council’s understanding of illegality as described in the Panel’s mandate (see the statement of the President of the Security Council of 2 June 2000 (S/PRST/2000/20)). This posits that all activities — extraction, production, commercialization and exports — taking place in the Democratic Republic of the Congo without the consent of the legitimate government are illegal. This interpretation suggested that only non-invited forces and their nationals are carrying out illegal activities in the Democratic Republic of the Congo.
(b) Respect by actors of the existing regulatory framework in the country or territory where they operate or carry out their activities. The Panel considers that if authorities exerting effective power and control over their sovereign area recognize or set up a regulatory framework to govern the use or exploitation of resources, this framework shall be respected. Failure to do so may lead to the infringement of the law and, therefore, activities considered illegal or unlawful. In this case, the Panel deems illegality to be the carrying out of an activity in violation of an existing body of regulations.
(c) The discrepancy between widely accepted practices in trade and business and the way business is conducted in the Democratic Republic of the Congo. In this category, the Panel has considered that the use and abuse of power by some actors fall into the category of illegality. This includes forced monopoly in trading, the unilateral fixing of prices of products by the buyer, the confiscation or looting of products from farmers, and the use of military forces in various zones to protect some interests or to create a situation of monopoly.
(d) The violation of international law including “soft” law. The Panel considers that business activities carried out in violation of international law are illegal.
The Panel utilized the aforementioned elements in a complementary manner, refusing to be exclusive or to focus on one single element. On the basis of discussions with different members of the Security Council, the Panel has interpreted the wish of the Security Council to be a broad interpretation of the concept of illegality.
16. Exploitation. The Panel opted for a broad understanding and interpretation of exploitation. Exploitation was used beyond the mere consideration of production and extraction. It was viewed as all activities that enable actors and stakeholders to engage in business in first, secondary and tertiary sectors in relation to the natural resources and other forms of wealth of the Democratic Republic of the Congo. The broad interpretation enabled the Panel to look into extraction, production, commercialization and exports of natural resources and other services such as transport and financial transactions.
C. Overview
17. This section offers a general overview of the report. Initially, the Panel examined the pre-existing structures that have facilitated the illegal exploitation of natural resources in the Democratic Republic of the Congo. These elements encompass the financial/commercial links and the transportation networks that essentially laid the foundation for the current situation of illegal exploitation.
18. The Panel then reviewed the primary processes by which the natural resources are physically exploited by the occupying forces, primarily Rwanda and Uganda, in conjunction with their respective rebel counterparts in the Democratic Republic of the Congo. Subsequently, the current structures of exploitation were discussed in order to demonstrate the evolution of the process to its present state. Selected individuals were then profiled to illustrate the extent to which this is an organized and embedded venture. Economic data were then analysed to confirm the findings described above.
19. The focus then moved to exploring the complexities of the links between the continuation of the conflict and the exploitation of resources through the use of specific country examples. The aim is to demonstrate the varying means by which power structures can manipulate situations for the most favourable outcome. This section is directly linked to the previous one and, in some cases, information overlapped. This was unavoidable because of the intricate nature of the problem at hand.
20. The report goes on to discuss more incidental elements in this exploitation, which are nonetheless important and relevant: official and non-official fronts utilized as well as the facilitators or passive accomplices within the processes. The report concludes with a summary of the findings and recommendations for action.
D. Background
21. The Democratic Republic of the Congo is located in the heart of equatorial central Africa and has an area of 2,267,600 square kilometres and a current population estimated at 50 million. The Democratic Republic of the Congo is endowed with a unique biodiversity, vast mineral and forest resources, and rich soils conducive to agriculture (see map). These favourable conditions, concentrated in the eastern regions, are the setting for the current ongoing occupation and struggle to exploit these natural resources.
22. The initial disruption, predominantly affecting the eastern Democratic Republic of the Congo, began with the 1994-1995 refugee crisis in the region, spawned by the war in neighbouring Rwanda. The sudden influx of hundreds of thousands of refugees, including members of the Interahamwe, created a new demographic dynamic in the subregional population, abruptly disturbed the delicate balance of the ecosystems and generated a new security situation along the border between the Democratic Republic of the Congo and Rwanda.
23. The situation further deteriorated in 1996 with the war between the Zairian forces and the Alliance of Democratic Forces for the Liberation of Congo-Zaire (AFDL), the rebel movement led by the late Laurent-Désiré Kabila and supported by the Angolan, Rwandan and Ugandan forces. This AFDL-led conquest of then eastern Zaire fundamentally altered the composition of the regional stakeholders and the distribution of natural resources. Previously, the distribution norm was (via legal and illegal channels) through locally based Congolese, mostly civilian-managed, business operations. However, these traditional modes were quickly overtaken by new power structures. Along with new players came new rules for exploiting natural resources. Foreign troops and their “friends” openly embraced business in “liberated territories”, encouraged indirectly by the AFDL leader, the late President Kabila.
24. In August 1998, fighting erupted again in the northern, western and eastern parts of the Democratic Republic of the Congo, this time between Rwandan and Ugandan troops and the Congolese army, with the assistance of Angolan, Namibian and Zimbabwean armies, as well as Sudanese and Chadian forces. The last two countries have since withdrawn their soldiers from the Democratic Republic of the Congo.
II. Illegal exploitation of natural resources and other forms of wealth
25. The illegal exploitation of resources by Burundi, Rwanda and Uganda took different forms, including confiscation, extraction, forced monopoly and price-fixing. Of these, the first two reached proportions that made the war in the Democratic Republic of the Congo a very lucrative business. Prior to defining the type and manner of illegal exploitation, however, it is important to examine the pre-existing structures which facilitated this process.
A. Pre-existing structures that facilitated illegal exploitation
26. Illegal exploitation[1] by foreigners aided by the Congolese began with the first “war of liberation” in 1996. The AFDL rebels, backed by Angolan, Rwandan and Ugandan soldiers conquered eastern and south-eastern Zaire. As they were advancing, the then AFDL leader, the late Laurent-Désiré Kabila, signed contracts with a number of foreign companies. Numerous accounts and documents suggest that by 1997 a first wave of “new businessmen” speaking only English, Kinyarwanda and Kiswahili had commenced operations in the eastern Democratic Republic of the Congo.[2] Theft of livestock, coffee beans and other resources began to be reported with frequency. By the time the August 1998 war broke out, Rwandans and Ugandans (top officers and their associates) had a strong sense of the potential of the natural resources and their locations in the eastern the Democratic Republic of the Congo. Some historians have argued that Ugandan forces were instrumental in the conquest of areas such as Wasta, Bunia, Beni and Butembo during the first war.
27. Numerous accounts in Kampala suggest that the decision to enter the conflict in August 1998 was defended by some top military officials who had served in eastern Zaire during the first war and who had had a taste of the business potential of the region. Some key witnesses, who served with the Rally for Congolese Democracy rebel faction in early months, spoke about the eagerness of Ugandan forces to move in and occupy areas where gold and diamond mines were located. Other sources informed the Panel that, late in September 1998, they were already engaged in discussions with General Salim Saleh on the creation of a company that would supply the eastern Democratic Republic of the Congo with merchandise, and on the import of natural resources. The project never materialized in this form, but the sources reportedly also discussed this and other business venture possibilities with the President of Uganda, Yoweri Museveni.
28. There are strong indications that, if security and political reasons were the professed roots of the political leaders’ motivation to move into the eastern Democratic Republic of the Congo, some top army officials clearly had a hidden agenda: economic and financial objectives. A few months before the 1998 war broke out, General Salim Saleh and the elder son of President Museveni reportedly visited the eastern Democratic Republic of the Congo. One month after the beginning of the conflict, General James Kazini was already involved in commercial activities. According to very reliable sources, he knew the most profitable sectors and immediately organized the local commanders to serve their economic and financial objectives.
29. Financial and commercial links. During the early months of the rebellion, the financial setting and networks were already in place. At the heart of the financial setting is the Banque de commerce, du développement et d’industrie (BCDI) located in Kigali. According to some sources, there was an understanding between the President of Rwanda, Paul Kagame, President Museveni and the late Laurent-Désiré Kabila on the collection and use of financial resources during the time of the AFDL rebellion. This collaboration led many sources to believe that the three leaders were shareholders in BCDI. But this was not the case.
30. The following example illustrates the nature of the financial transactions and links involving BCDI, Citibank New York as a corresponding bank, and some companies and individuals. In a letter signed by J. P. Moritz, General Manager of Société minière de Bakwanga (MIBA), a diamond company, and Ngandu Kamenda, the General Manager of MIBA ordered a payment of US$ 3.5 million to la Générale de commerce d’import/export du Congo (COMIEX),[3] a company owned by late President Kabila and some of his close allies, such as Minister Victor Mpoyo, from an account in BCDI through a Citibank account. This amount of money was paid as a contribution from MIBA to the AFDL war effort.
31. Transportation networks. Illegal activities also benefited from the old transportation network that existed prior to the 1998 war. This network consists of key airlines and trucking companies, a number of which aided AFDL troops in their war against the Mobutu regime. The pattern of transport remains similar today: merchandise or arms are flown in and natural resources or their products are flown out. For example, Aziza Kulsum Gulamali, a businesswoman operating within the region for some time, utilized this network even in the 1980s. She contracted Air Cargo Zaire to transport arms to the FDD Hutu rebels in Burundi and smuggled cigarettes on the return flight. Since 1998, aircraft also fly from the military airports at Entebbe and Kigali, transporting arms, military equipment, soldiers and, for some companies, merchandise. On the return flights, they will carry coffee, gold, diamond traders and business representatives and, in some cases, soldiers. The Panel concludes that these pre-existing networks and structures constitute the basis for the current exploitation of the natural resources of the Democratic Republic of the Congo.
B. Mass-scale looting
32. Between September 1998 and August 1999, occupied zones of the Democratic Republic of the Congo were drained of existing stockpiles, including minerals, agricultural and forest products and livestock. Regardless of the looter, the pattern was the same: Burundian, Rwandan, Ugandan and/or RCD soldiers, commanded by an officer, visited farms, storage facilities, factories and banks, and demanded that the managers open the coffers and doors. The soldiers were then ordered to remove the relevant products and load them into vehicles. The Panel received numerous accounts and claims of unlawful removal of products by Rwandan or Ugandan armies and their local RCD allies. The Panel has chosen to illustrate this point with some examples.
33. In the mining sector, SOMINKI (Société minière et industrielle du Kivu) had seven years’ worth of columbo-tantalite (coltan) in stock in various areas. From late November 1998, Rwandan forces and their RCD allies organized its removal and transport to Kigali. Depending on the sources, between 2,000 and 3,000 tons of cassiterite and between 1,000 and 1,500 tons of coltan were removed from the region between November 1998 and April 1999. A very reliable source informed the Panel that it took the Rwandans about a month to fly this coltan to Kigali. The Panel, however, received official documents including one in which RCD acknowledged removing 6 tons of coltan and 200 tons of cassiterite from SOMINKI for a total of US$ 722,482.
34. Late in late August 1998, General Kazini’s soldiers absconded with the stockpiles of timber belonging to the logging company Amex-bois, located in Bagboka. In December that year, the same General ordered the confiscation of all the stocked timber belonging to the logging company La Forestière. General Kazini was reportedly seen in the area at least twice during the period when the looting occurred and temporarily established his headquarters in the area.
35. Then, in January 1999, in Equateur Province, Jean-Pierre Bemba and General Kazini organized a large operation for the confiscation of coffee beans. Mr. Bemba initiated, encouraged and perpetuated such practices in the Province. In a written letter to one of his commanders, he urged him to release a bigger vehicle he was using because it was needed urgently. The source indicated that this was later used to carry away tons of coffee beans. A participant in this operation, who has since left the movement, explained that two months were required to remove the enormous quantities of coffee. In the past, this province produced 60 per cent of the country’s robusta coffee. The localities of Bumba, Lisala, Bosonzo, Binga and Mindembo for a year did not have coffee stocks to export because of these seizures. The Société congolaise du café, the largest owner of coffee stocks in the area, went bankrupt. The mass-scale looting reached such levels that, in one instance, Mr. Bemba seized 200 tons of coffee beans from the SCIBE company, which was owned by his father, Saolona Bemba. The matter remains unresolved in court.
36. In some cases, factories were dismantled or machinery spare parts were taken away, as in the case of the sugar factory of Kaliba in South Kivu. When the Panel asked about the dismantling of some factories, the RCD cabinet replied that investors were free to dismantle their factories and relocate wherever they wanted. In essence, RCD recognized the phenomenon, but explained it in terms of the investors’ decision to relocate the factories while taking the raw materials from the Democratic Republic of the Congo. Cars and other items were apparently also taken from the country, as statistics on Ugandan registered cars reflected an increase of about one quarter in 1999.
37. The financial sector was not left untouched either. A defector from RCD who participated in some looting informed the Panel that Rwandan soldiers systematically targeted local banks as soon as they conquered a town. In many cases, they would use the RCD soldiers to collect the money while those who were armed would surround the bank. For example, the Kisangani Bank, a branch of the central bank, received a visit of RCD staff accompanied by Rwandan soldiers. Depending on the source (central bank in Kinshasa or eyewitness), anywhere between $1 million and $8 million worth of Congolese francs was taken. The Panel was told that the operation took place a couple of days after the central bank and Ministry of Finance officials deposited money to pay civil servants and old Congolese franc notes were replaced by new ones.
38. Under the escort of soldiers, the money was taken to the Palm Beach Hotel. The hotel management recalled that bags full of money were stored in one of the rooms and that during those few days armed soldiers who could not speak Lingala (the most commonly spoken Congolese language) guarded the hotel premises. Could such an operation involving a number of armed soldiers be carried out without the knowledge and consent of the highest Rwandan commander in the Democratic Republic of the Congo?
39. Aides of Jean-Pierre Ondekane (an RCD leader) reportedly collected the money from the Palm Beach Hotel, flew with it to Goma and handed it over to Emmanuel Kamanzi (former chief of the Finance Department of RCD), who then flew on to Kigali. The Panel could not identify the final recipient of the money or how much disappeared between Kisangani, Goma and Kigali. However, some sources told the Panel that Mr. Kamanzi was imprisoned briefly at some point after this transaction. According to the same sources, he had apparently helped himself to the money he was ordered only to transport. Mr. Kamanzi told friends that he simply took a break of two months in Kigali.
40. During the period when this operation was under way, in Equateur Province, Mr. Bemba’s men visited several banks. According to a reliable source Mr. Bemba’s instructions to his soldiers were to systematically empty the bank once a town was captured. His troops took an equivalent of $400,000 from the Banque commerciale du Congo branch in Bumba, $500,000 in Lisala, and approximately $600,000 in Gemena.
41. The pilfering was also occurring in Kinshasa. The Panel has evidence of a widespread practice by which the late President Kabila would by proxy have companies give a certain percentage of their profits. For example, certain oil companies in the Democratic Republic of the Congo, under the umbrella of taxe parafiscale, were delivering sums of money, in hard cash, daily or weekly to the late President via his Minister, friend and right-hand man, Mr. Mpoyo. Other companies, such as MIBA, were asked to hand over part of their profits to the late President’s regime, and all parastatals and important private companies were invited to open bank accounts in the Banque de commerce et du développement (BCD) (see para. 78).
42. However, over time the mass-scale looting described above diminished and theft by individual soldiers became more visible. For example, in Bunia, during Panel discussions, local non-governmental organizations, eyewitnesses and victims mentioned cases in which Congolese civilians were injured or murdered for resisting the attempted seizure of property by the RCD rebels and foreign soldiers. In Bukavu, individuals have told Panel members how Rwandan soldiers confiscated their life savings in dollar notes and some of the gold they were buying and keeping as monnaie refuge in the face of the repeatedly devalued Congolese franc. Partially, this has contributed to the increasing resentment felt by the Congolese population towards foreign soldiers and some rebels.
43. The lootings of manufacturing plants, stocks and private property were not only acts of isolated individual soldiers but were encouraged, sometimes organized and coordinated, by the highest army commanders of both Rwanda and Uganda.
44. General Kazini used the same method to facilitate looting activities. He would appoint loyal commanders and reliable civilian Congolese in the civil administration in areas potentially rich in natural resources in order to secure his networks. This was exactly the case in Ituri, where he appointed Adele Lotsove in 1999 (see para. 71). In turn, these top layers of collaborators, colonels and majors utilized their right-hand men to carry out the actual looting.
45. The Panel has strong indications after talking to numerous witnesses (key and others) that key officials in the Governments of Rwanda and Uganda were aware of the situation on the ground, including the looting of stocks from a number of factories. In some cases, the level of production of mineral resources would have alerted any government, such as those of gold for Uganda and coltan for Rwanda (from 99 tons in 1996 to 250 tons in 1997).
C. Systematic and systemic exploitation
46. Extraction phase. The mass-scale looting carried out on many levels within the Democratic Republic of the Congo by rebels and foreign soldiers overshadowed extraction activities during the first 12 months of the second war. When resource stockpiles were looted and exhausted by occupying forces and their allies, the exploitation evolved to an active extraction phase. Both Congolese (civilians and soldiers) and foreigners (civilians and soldiers) became involved in the extraction of natural resources. This section highlights one particular case study rather than offering a number of shorter illustrative examples. The study will in effect demonstrate how a company used illicit business practices and complicity with occupying forces and the Government as well as its international connections to exploit the natural resources of the Democratic Republic of the Congo.
47. DARA-Forest case study. A Ugandan-Thai forest company called DARA-Forest moved to the Ituri area late in 1998. In March 1998, DARA-Forest applied for a licence to carry out logging activities in the Democratic Republic of the Congo, but was denied a forest concession by the Kinshasa authorities. In 1999, the company began to buy production by hiring individuals to harvest timber and then sell it to the company. Initially, these individuals were Congolese operating in partnership with Ugandans. The same year, DARA engaged in industrial production with the construction of a sawmill in Mangina. By 2000, it had obtained i