UN says Malawi was not obliged to buy military equipment
15 March 2014 Nation
Although the Malawi government squeezed about K3.2 billion (US$7 862
408) out of its meagre resources to fund a United Nations (UN)
peacekeeping mission in the Democratic Republic of Congo (DRC), Malawi
was under no obligation to buy military equipment for the mission as
member States do it voluntarily, Weekend Nation has learnt.
Responding to a questionnaire sent through the UN resident coordinator
in Malawi Mia Seppo, following Malawi Government's argument that the
presidential jet was bartered with military equipment, United Nations
Department of Peace Keeping Operations (DPKO) said UN member States
are in no way obligated to contribute personnel or equipment towards
UN peacekeeping missions.
Minister of Finance Maxwell Mkwezalamba disclosed last week that the
$15 million (about K6.3 billion) which government should have realised
from the sale of the jet never went into government's Consolidated
Account. Instead, he said, the Attorney General facilitated the
transfer of the sale proceeds from Bohnox Enterprises--which reportedly
bought the jet--to Paramount Group--its mother company--to which
government owed $19 million (about K8.2 billion) in respect of
military equipment it procured for peacekeeping missions.
But DPKO told Weekend Nation this week that troop contributing
countries to UN peacekeeping missions contribute personnel and
equipment on a voluntary basis as the UN has no military force of its
own to carry out the missions
"Countries are in no way obligated to contribute personnel or
equipment towards UN peacekeeping. Peacekeeping soldiers are paid by
their own governments according to their own national rank and salary
scale.
"All troop contributing countries (TCC) are responsible for procuring
and carrying their own equipment, when their personnel are deployed to
UN Peacekeeping Missions. The TCC does not inform the UN about how and
where it procures such equipment," the UN said.
It added that every member State is legally obligated to pay their
respective share towards peacekeeping in accordance with provisions of
Article 17 of the Charter of the United Nations, which states that the
expenses of the organisation shall be borne by the members as
apportioned by the General Assembly.
The UN, just like Minister of Defence Ken Kandodo a few weeks ago, has
remained tight-lipped on the kind of military equipment member States
are expected to buy for the missions.
Kandodo, who refused to disclose the type of military equipment,
saying it was classified security information, said in an interview
yesterday that Malawi was obliged to move its troops from Cote d'
Voire where it was carrying out peacekeeping operations in 2009 to the
DRC on the request of the UN, but they were informed that the mandate
was different and military equipment would be needed.
"In DRC, it was necessary to ensure peace and there was potential for
troops to engage in battle. So, because of the changed mandate, we had
to use different equipment," said Kandodo.
The DPKO said the UN uses existing policies and guidelines from
Contingent-Owned Equipment Manual, among others, to determine the type
of equipment and capabilities of military and police units, when a
country offers to contribute to a peacekeeping mission.
While concurring with assurances Kandodo made that the money used to
procure equipment would be reimbursed, the UN indicated that the
formula used was too complex and that only the monthly salary of $1
028 per month for uniformed soldiers could be disclosed.
Without confirming whether Malawi would recover taxpayers money spent
on peacekeeping, DPKO said the formula took into account the relative
economic wealth of member States contributing troops.
But compared to other countries, Malawi's assessed contribution to UN
peacekeeping for 2013 was 0.0002 percent, according to DPKO.
According to a UN peacekeeping website, the budget for the DRC mission
to June 2014 was pegged at $1.4 billion (K569.8 billion) with Malawi
contributing over 500 uniformed personnel out of 21 217 as mandated by
UN Security Council Resolution.
For the DRC mission alone, government spent $7.3 million (about K3.2
billion), about half of the proceeds from the jet sale.
From the proceeds, government had also planned to spend K2.6 billion
maize for relief and K1.5 billion towards purchase of drugs.
But after bartering the presidential jet for debts to Paramount Group,
government claims the funds were moved around to ensure these plans
were not jeopardised.
However, government has not presented proof of these transactions
which were carried out without the approval of Parliament and contrary
to Section 172 of the Constitution which does not allow expenditure of
government revenue before it is deposited in the Consolidated Account.
Ministry of Finance spokesperson Nations Msowoya insisted in an
interview this week that the proceeds from the sale of the
presidential jet were prudently utilised and that the continuing
pressure from civil society organisations for government to explain
the utilisation of the proceeds is a result of misunderstanding on how
the money was used.
Pressure from opposition, civil society
While the Malawi Congress Party (MCP) is still pushing that Banda's
government should come out clearly on how money from the jet sold to
Bhonnox Limited at US$15 million was utilised, some NGOs have
described the deal as an embarrassment to the administration.
MCP spokesperson Jessie Kabwila said if government bought military
equipment for peace keeping in DRC for quick deployment because the UN
Organ on Peace and Security could not due to bureaucracy, then there
should be paperwork to support that transaction.
Said Kabwila: "By now, government should have submitted an invoice to
claim the money from UN. The UN should then be in a position to
acknowledge same with details to the Malawian public.
"Ideally, a contract should exist to confirm the UN agreed [with the]
deal on one hand and with the supplier of equipment on the other."
Kabwila said the explanation by Minister of Finance that the
presidential jet was traded off with military equipment could not hold
water because the Public Finance Management Act does not allow barter
trade.
"It is imperative that any transaction is complete before another one
takes place. The money should have first been deposited in Account
Number One before being used for procurement or settling a debt," she
argued.
Pan African Civic Educators Network (Pacenet) executive director
Steven Duwa said the contradiction between the President and her
Finance Minister over the jet saga has embarrassed government.
Duwa said the leadership has a duty to explain to the taxpayers the
connection between the proceeds from the jet sale and money used to
buy military equipment for the peacekeeping mission.
"Alternatively an independent enquiry outside government and the
Malawi Defence Force be set up to investigate what really happened so
that the people of Malawi can get the truth and probably restore their
confidence in the leadership," he said.
Malawi Watch executive director Billy Banda said the President has to
be held responsible for the unfolding drama over the jet and that it
is sad that an ordinary citizen would pay a huge price resulting from
dishonesty and low levels of competencies in managing the affairs of
the State.
Said Banda: "The inconsistent and contradictory statements clearly
demonstrate low levels of honesty, commitment and seriousness to
handle State affairs [on] which someone somewhere, especially the Head
of State, has to come out clearly."
Banda said it was surprising that the UN could allow a country to
participate in the peacekeeping mission using equipment obtained
through a loan. He also questioned the rationale in settling a debt
using money from the sale of a national asset instead of utilising the
refund from the UN.
"Where is the refunded money from the UN? When shall we be told the
truth? Is it a genuine statement to be trusted and counted as factual?
We are very much confused. It seems someone, somewhere is not being
honest with citizens," he said.
Citizens letter to government on jet sale
In a letter to the Attorney General and Minister of Information, Billy
Banda and Lurther Mambala, writing as citizens of the country, are
demanding that within seven days, government should supply them with
details regarding the jet transaction and documents related to how the
proceeds were utilised.
The letter, dated March 13, says the request was in good faith because
the information would benefit the people and clear the misinformation
which has characterised the deal and would serve government,
opposition, civil society organisations and other interested
stakeholders including ordinary Malawians.
Reads the letter: "Herewith the clear details we are asking for
include, among others; the tendering and bidding processes, the
company that successfully won the tender and bought it; the actual
amount at which it was sold; the general receipt and account in which
the money was deposited with its cheque number and date received and
deposited.
"In addition to that, we further request your good office to shed more
light on the date Cabinet met and the agenda which warranted the sale
of the jet or minutes that substantiated the sale."
Banda and Mambala are also asking government to explain in detail the
procurement processes of maize, drugs and the military equipment,
including when the tender process was done and the names of the
suppliers.
"On this one [military equipment] more clear and precise details is
sought because there is misleading information that the Debt and Aid
Department has no such outstanding loan on its records," reads the
letter.
"In the interest of fairness, consistent inflow of accounting
information and the more wrangles the issue has protracted, it would
be very ideal to share this crucial and vital information to benefit
Malawians," reads the letter.
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--
SIBOMANA Jean Bosco
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