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Friday, 23 August 2013

Goma running out of space for DRC's displaced

Goma running out of space for DRC's displaced
BULENGO, 23 August 2013 (IRIN) - If the Democratic Republic of Congo's (DRC) North Kivu capital of Goma were a hotel, there would be a sign hanging on the door with the words "sorry - no vacancies." 

From the 1994 exodus from neighbouring Rwanda, in the wake of the genocide, to interstate wars and decades of insecurity caused by a multitude of armed groups, the city has become the end of the line for those fleeing the country's conflicts. 

The latest influx of internally displaced people (IDPs), fleeing conflict with the allegedly Rwandan-backed armed group M23, is pushing the city to its breaking point. 

"Goma is full," Flora Camain, the Goma-based spokesperson for the International Organization for Migration (IOM), told IRIN. "There's no room left." 

More to come 

In response to continued displacements from across North Kivu, about 30 temporary "spontaneous sites" have been established in the province, using venues ranging from churches and schools to marginal land. 

NGOs are providing basic services, such as water and sanitation and primary healthcare, to the burgeoning IDP population. IDPs are also staying with host families in the city. 

According to the UN Stabilization Mission in DRC (MONUSCO), "Over one million civilians live in the relatively small area of Goma and Sake and along the road that connects them, where amongst others the Mugunga IDP camps, temporary home to 70,000 people displaced by the conflict, are situated."

Of the more than two million IDPs in the country, about one million are displaced from South and North Kivu provinces. Spontaneous sites have been established in the North Kivu towns of Goma, Masisi, Rutshuru and Walikale. And the robust mandate afforded to a UN intervention force meant to "neutralize" the more than 30 armed groups in the Kivu provinces is expected to see even more displacements.

IOM, other humanitarian actors and local authorities are currently identifying any available land to accommodate new influxes of IDPs, while at the same time preparing for the eventual return of the displaced should there be an improvement in the region's security conditions. 

Although the displaced plight is high on the agenda of donors, IDPs in spontaneous sites - due to their sheer number and extreme need - often have access to only "minimum assistance," Camain said. 

"Difficult to live" 

IOM estimates the population of IDPs living in spontaneous sites in North Kivu is about 231,000 people. One such site is Bulengo, on the outskirts of Goma, where about 58,000 people live. 


Aziza Kasidika, 19 and three months pregnant, fled there from North Kivu's Masisi during fighting between DRC's national army (FARDC) and armed groups in January 2013. She has since lost contact with her family. 

Her home is a crudely constructed "bâche", about 2m long and just more than half as high. Branches provide a framework for thatch, with a patchwork of plastic bags to try to keep the weather out. A piece of cloth is used for a door, and the bed is a thin mattress of grass on top of volcanic rock. 

"I sleep very bad because I sleep on the rock. The bad shelter is a problem, and it's very difficult to live. I get sick," she told IRIN. "There should be food distribution twice a month, but it's only usually once a month. I get rice, maize, beans and oil, and there is never enough salt." 

The absence of adequate shelter is a common complaint in Bulengo, as are the security risks associated with foraging for fuel - needed for both cooking and warmth - beyond the site's perimeter. 

"I don't know how long I will be here. It's difficult to see the future. Our only future is the next food hand-out… I will return to Masisi when there is peace - but not that regular peace of two weeks and then war again. I live in Bulengo, and I will stay in Bulengo," Kasidika said. 

Illness, uncertainty 

Maria Sankia, 60, fled to Bulengo from Walikale in November 2012, after fighting between the armed groups the Democratic Forces for the Liberation of Rwanda (FDLR) and Raïa Mutomboki - Swahili for "angry citizens". She came with two of her neighbour's young children, and cites the same concerns as Kasidika: food distribution, security and poor shelter. 

"Children don't have schooling. There are no toys; there is nothing for the children to do. So many children go to the lake, but they don't know how to swim. Five or six children have drowned [in Lake Kivu] that I know about since I came here," she told IRIN. 

"This is maybe the fourth time I have run away. But this time was definitely the worst"
Goma-based Christian Reynders, of Médecins Sans Frontières (MSF), which has established primary healthcare clinics at spontaneous sites, told IRIN that the medical caseload included diarrhoea and malnutrition, but that the predominant issue was respiratory tract infections, a direct consequence of the IDPs' inadequate shelter. 

At MSF's Majengo clinic, situated in a Goma school where IDPs have taken refuge, Barikurie Kosi, 35, told IRIN, "This is maybe the fourth time I have run away [from Kibati, after M23 entered her village]. But this time was definitely the worst. There was no chance to take anything." 

She fled her home in May and arrived in Goma after a six day walk. She managed to bring her youngest three children, aged two, three and six, but her three teenage children, 13, 15 and 17, "ran in other directions. I don't know where they are." 

"I don't know when I will go back," she said. "I am staying at the clinic."

Frontline Goma: An IRIN reporter's diary



go/rz 

 

Goma running out of space for DRC's displaced

Goma running out of space for DRC's displaced
BULENGO, 23 August 2013 (IRIN) - If the Democratic Republic of Congo's (DRC) North Kivu capital of Goma were a hotel, there would be a sign hanging on the door with the words "sorry - no vacancies." 

From the 1994 exodus from neighbouring Rwanda, in the wake of the genocide, to interstate wars and decades of insecurity caused by a multitude of armed groups, the city has become the end of the line for those fleeing the country's conflicts. 

The latest influx of internally displaced people (IDPs), fleeing conflict with the allegedly Rwandan-backed armed group M23, is pushing the city to its breaking point. 

"Goma is full," Flora Camain, the Goma-based spokesperson for the International Organization for Migration (IOM), told IRIN. "There's no room left." 

More to come 

In response to continued displacements from across North Kivu, about 30 temporary "spontaneous sites" have been established in the province, using venues ranging from churches and schools to marginal land. 

NGOs are providing basic services, such as water and sanitation and primary healthcare, to the burgeoning IDP population. IDPs are also staying with host families in the city. 

According to the UN Stabilization Mission in DRC (MONUSCO), "Over one million civilians live in the relatively small area of Goma and Sake and along the road that connects them, where amongst others the Mugunga IDP camps, temporary home to 70,000 people displaced by the conflict, are situated."

Of the more than two million IDPs in the country, about one million are displaced from South and North Kivu provinces. Spontaneous sites have been established in the North Kivu towns of Goma, Masisi, Rutshuru and Walikale. And the robust mandate afforded to a UN intervention force meant to "neutralize" the more than 30 armed groups in the Kivu provinces is expected to see even more displacements.

IOM, other humanitarian actors and local authorities are currently identifying any available land to accommodate new influxes of IDPs, while at the same time preparing for the eventual return of the displaced should there be an improvement in the region's security conditions. 

Although the displaced plight is high on the agenda of donors, IDPs in spontaneous sites - due to their sheer number and extreme need - often have access to only "minimum assistance," Camain said. 

"Difficult to live" 

IOM estimates the population of IDPs living in spontaneous sites in North Kivu is about 231,000 people. One such site is Bulengo, on the outskirts of Goma, where about 58,000 people live. 


Aziza Kasidika, 19 and three months pregnant, fled there from North Kivu's Masisi during fighting between DRC's national army (FARDC) and armed groups in January 2013. She has since lost contact with her family. 

Her home is a crudely constructed "bâche", about 2m long and just more than half as high. Branches provide a framework for thatch, with a patchwork of plastic bags to try to keep the weather out. A piece of cloth is used for a door, and the bed is a thin mattress of grass on top of volcanic rock. 

"I sleep very bad because I sleep on the rock. The bad shelter is a problem, and it's very difficult to live. I get sick," she told IRIN. "There should be food distribution twice a month, but it's only usually once a month. I get rice, maize, beans and oil, and there is never enough salt." 

The absence of adequate shelter is a common complaint in Bulengo, as are the security risks associated with foraging for fuel - needed for both cooking and warmth - beyond the site's perimeter. 

"I don't know how long I will be here. It's difficult to see the future. Our only future is the next food hand-out… I will return to Masisi when there is peace - but not that regular peace of two weeks and then war again. I live in Bulengo, and I will stay in Bulengo," Kasidika said. 

Illness, uncertainty 

Maria Sankia, 60, fled to Bulengo from Walikale in November 2012, after fighting between the armed groups the Democratic Forces for the Liberation of Rwanda (FDLR) and Raïa Mutomboki - Swahili for "angry citizens". She came with two of her neighbour's young children, and cites the same concerns as Kasidika: food distribution, security and poor shelter. 

"Children don't have schooling. There are no toys; there is nothing for the children to do. So many children go to the lake, but they don't know how to swim. Five or six children have drowned [in Lake Kivu] that I know about since I came here," she told IRIN. 

"This is maybe the fourth time I have run away. But this time was definitely the worst"
Goma-based Christian Reynders, of Médecins Sans Frontières (MSF), which has established primary healthcare clinics at spontaneous sites, told IRIN that the medical caseload included diarrhoea and malnutrition, but that the predominant issue was respiratory tract infections, a direct consequence of the IDPs' inadequate shelter. 

At MSF's Majengo clinic, situated in a Goma school where IDPs have taken refuge, Barikurie Kosi, 35, told IRIN, "This is maybe the fourth time I have run away [from Kibati, after M23 entered her village]. But this time was definitely the worst. There was no chance to take anything." 

She fled her home in May and arrived in Goma after a six day walk. She managed to bring her youngest three children, aged two, three and six, but her three teenage children, 13, 15 and 17, "ran in other directions. I don't know where they are." 

"I don't know when I will go back," she said. "I am staying at the clinic."

Frontline Goma: An IRIN reporter's diary



go/rz 

 

Goma en deuil : 2 morts et 10 blessés victimes des 5 obus en provenance du Rwanda


Goma en deuil : 2 morts et 10 blessés victimes des 5 obus en provenance du Rwanda

Kinshasa, 23/08/2013 / Politique
La ville de Goma vient d'être une fois encore endeuillée par les bombardements barbares des éléments du M23 et leur allié le Rwanda.
Les tirs ont commencé dans l'après midi de ce 22 aout 2013 à 15 heures a Kanyarucinya au Nord de la ville, tuant ainsi une femme et quatre personnes  blessées parmi elles deux enfants.

C'est vers 17 heures que les canons ses sont  orientés  vers la ville de Goma.

Bilan, un enfant déplacé de son état, tué et 10 blessés graves internés à l'hôpital Heal Africa à Goma sans compter plusieurs dégâts matériels enregistrés : Quatre résidences familiales, Une église et une école anglicane où logeaient les déplacés au quartier Murara.

Le Gouvernement provincial déplore les cas des bombardements survenus sur la ville de Goma et s'engage à prendre en charge les blessés. 

Très tôt matin de ce vendredi 23 aout 2013, le Vice Gouverneur a effectué une descente sur les sites bombardés dans les quartiers populaires de Goma. 

Occasion pour lui d'avoir les témoignages des populations environnantes mais aussi des survivants. Il a visité l'Hôpital où sont internés les blessés.

Le constat est que les tirs sont venus de l'Est à l'ouest de la ville et qui dit l'Est dit le Rwanda a  précisé Feller LUTAICHIRWA  avant d'ajouter que les enquêtes sont menées pour cette cause.

Au cours d'un point de presse animé, le Gouverneur intérimaire du Nord Kivu a lancé un message de compassion à  toutes les familles éprouvées par les bombardements. 

Ces victimes seront pris en charge par le Gouvernement provincial a rassuré l'autorité provinciale.

II appelle la population à ne pas céder à la manipulation et à la panique et éviter les vengeances. Celles ci doivent demeurer soudées et cohérentes a conclu Feller LUTAICHIRWA.

Célestin Sibomana/C.L./MMC

(CL/Yes)
Last edited: 23/08/2013 13:41:57
 

Rwanda: The law of the jungle


The law of the jungle

August 21, 2013 by Rwema IT Webmaster 1 Comment

PRESIDENT KAGAME'S CRUSADE TO CONFISCATE RWANDA'S MAJOR COMMERCIAL CENTER:
Legal opinion
By: Charles Kambanda
The Union Trade Center (UTC) is Rwanda's largest shopping mall. UTC Ltd. Is the sole owner of UTC mall; Tribert Rujugiro Ayabatwa is UTC Ltd. major shareholder. The mall is valued at $20 million (USD); it is the major commercial center in Rwanda. Tribert Rujugiro Ayabatwa was the major single local funder of the guerrilla war that brought Kagame to power. Tribert Rujugiro Ayabatwa was also the major local investor in Rwanda after the 1994 until he fell out with Kagame.  The Rwanda National Prosecuting Authority on August 19, 2013 ordered a freeze on Rujugiro and his wife's bank accounts, citing an "ongoing criminal investigation."
Kagame does not spare his foes. The General will stop at nothing to punish anybody or group that challenges his grip on power. Kagame's cosmos is divided into two realities; his supporters (friends) who can preserve him in power and "enemies" who must be physically, morally and/or psychologically destroyed. The ruthless General has enacted draconian laws that sustained his child-like cosmos.
Kagame's sinister moves to confiscate the multimillion dollar mall to enrich his private business empire after his major donors have turned off the tap.
Pursuant to Organic Law no. 28/2004 0f 13/12/2004 – the law concerning the Management of Abandoned Property [property without owners] – Kigali City Abandoned Property Management commission ordered UTC L Ltd.  to present the following documents to the commission: (1) UTC Ltd building land title, (2) a list of UTC Ltd shareholders and their respective shares, (3) UTC Ltd loans and/or mortgage agreements/contracts with all UTC Ltd. creditors, (4) loans and/or mortgage payment schedule(s), (5) the details of how UTC Ltd manages its personnel and, (6) details of how UTC Ltd spends its money.
Aside the unconstitutional nature of law no. 28/2004 0f 13/12/2004, by assuming powers over UTC Ltd.'s property, the Kigali City Abandoned Property Management commission erred in law and fact
Kigali City abandoned property management commission has no power(s) over issues that touch and concern UTC Ltd. property
A corporation is a legal person. A corporation is resident in the jurisdiction where it is incorporated. A corporation's life-span extends from its incorporation date to dissolution. A corporation has a right to own property; real and personal. Article 2, section 4 of Organic Law no. 28/2004 defines "abandoned property [property without legal owners] as all real and personal property which was previously owned by a person (s) who is/are now unavailable because: (a) the owner(s) died and there is no legatee or heir to inherit that property, (b) the rightful owner is in exile for different reasons, (c) the owner lives in a foreign country for different reasons.
UTC limited corporation is incorporated in Rwanda. UTC Ltd. is a Rwandan tax payer. UTC Ltd. has its management. UTC Ltd. is the sole legal owner of Union Trade Center building located in Kigali city which the Kigali City Abandoned Property Management commission seeks to manage as "abandoned property." UTC Ltd. has never been dissolved (UTC Ltd. Is not unavailable Article 2 of law no. 28/2004). UTC Ltd. resides (still incorporated) in Rwanda; it is not in exile.
Because the UTC Ltd. is incorporated in Rwanda and it is the sole owner of UTC build located in Kigali and the commission is mandated, under Article 11 of law no. 28/2004 of 13/12/2004, to manage "abandoned property", the commission has no power(s) over UTC Ltd property; real or personal.
A corporation is a legal person, distinct and separate from its shareholders and/or Directors
Corporation veil protects a corporation from being affected by omission and/or acts of its shareholders. Corporate veil might be pierced through a civil court process when (i) the shareholders use the corporation to defraud its creditors, (ii) the shareholders and/or Directors use the corporation to engage in illegal acts, and (iii) the corporation has no independent mind, existence and will. Where a criminal issue is involved, the 2003 Rwandan constitution, Article 17, as amended to date, provides that "Criminal liability is personal". There is no criminal liability by association.
UTC Ltd. is incorporated; it is responsible for its own liabilities and assets. UTC Ltd. is NOT a personal property of its shareholders and/or Directors; UTC Ltd. is not "res".  Assuming that the "abandoned property" management commission had powers over UTC Ltd. building, because the commission is not a civil court, the commission can't pierce UTC Ltd. corporate veil because piecing corporate veil is a prerogative of courts of law.  In addition, suppose that the commission had powers over UTC Ltd. property, and the commission was investigating a criminal issue, the 2003 Rwandan constitution obligates the State not to hold UTC Ltd. liable for its shareholders' criminal acts, if any, because criminal liability is personal.
All the documents Kigali City Abandoned Property Management commission ordered UTC Ltd to produce for the commission's review pose very serious rational public policy and constitutional issues
The State has a registrar of companies and land title registry
Conclusive evidence of incorporation is the State's registry of companies.  Likewise, the only proof that a land title is recorded is the State's land title record. The founding document for any corporation is the certificate of incorporation/articles of incorporation. This document bears all details about shareholders and shares. A certificate of incorporation is the only contract between a corporation and the State. At incorporation, the State retained UTC Ltd. certificate of incorporation.  For which reasons should the State ask a citizen to produce a document which is in the State's custody? In the same way, the State should not be asking UTC Ltd to produce its land title because the State has UTC Ltd land title(s) in the office of the registrar of land titles.
If UTC Lt is suspected of forging the certificate of incorporation and/or its land titles, there are relevant criminal laws and procedures for the State to follow. However, in all criminal cases, the State must prove each element of the crime beyond a reasonable doubt.  The 2003 Rwandan constitution Article 19 provides that "Every person accused of a crime shall be presumed innocent until his or her guilt has been conclusively proved …" The State cannot ask the accused to produce evidence for the accused to prove his innocence.
The State has no rational basis to inquire into the details of a private individual's loans and/or mortgage agreements with private creditors.
Acquisition of property is embedded in the right to own property. UTC Ltd.'s loans and/or mortgage agreements with creditors, if any, are private agreements which the State cannot manage.  Except where the State is a party or the State is a third party beneficiary and the State third party beneficiary rights have attached, the State has no interest in those private agreements; the State cannot initiate any investigation into such contracts. Under the 2003 Rwandan Constitution Article 17, "nobody can be imprisoned for liabilities arising from commercial contracts". Accordingly, the State cannot investigate commercial contract parties' obligations and duties. Interpretation of, and disputes about, commercial contracts are litigated in civil courts. Where a criminal issue arises, the party complaining to the State has to produce the underlying agreement. Likewise, the State cannot investigate loans/mortgage payment schedules between individuals. Where a debtor defaults on loan and/or mortgage payment, the contract/agreement itself, contracts law and other relevant civil laws determine the course of action, including foreclosure.
UTC Ltd. might have loans and/or mortgage agreements with creditor(s).  UTC Ltd. does not owe money to the state in form of loans and/or mortgage. The State is not a third party beneficiary of any commercial agreement between UTC Ltd. and any creditor. There is no legal basis for the State to review loans and/or mortgage agreements between UTC Ltd and its creditor(s), if any. Consequently, Kigali City Abandoned Property Management commission has no legal basis to compel UTC Ltd. to present its loans and/or mortgage agreements and payment schedules for the commission to review.
If any UTC Ltd. creditor has filed a criminal case complaint with the police/prosecutor and government is involved in criminal investigations against UTC Ltd., the party complaining must produce the underlying agreement/contract to police/prosecutor. If UTC Ltd. was a criminal suspect, government would be barred from asking UTC Ltd. to collect evidence for its prosecution.
The State's order that UTC Ltd. submits a statement on its personnel management style is inconsistent with contemporary private business human resources management practices and theories
Human resources management style for private corporations, like UTC Ltd., is an internal organizational issue except if any criminal issue is involved.  UTC Ltd. is not involved in a business joint venture with the State. UTC Ltd. is not a government agent.  UTC Ltd.'s internal issues are not in any way State actions. UTC Ltd. Has not offered to hire the State as its human resources management consultant.  For which reason should UTC Ltd. explain to the State how it manages its workers? Did the State acquire UTC Ltd.?  If UTC Ltd. human resources management was in anyway criminal, asking UTC Ltd. to provide such statements would tantamount to asking the UTC Ltd. to incriminate itself, contrary to the 2003 Rwandan constitution.
The State's order that UTC Ltd. presents to the commission a detailed explanation of how UTC Ltd. spends its money is utterly unconstitutional and an unprecedented threat to private investment in Rwanda
A corporation is a legal person. UTC Ltd., like its shareholders, has a right to own property; real and personal. Disposal of property is embedded in the right to own property. Article 29 of the 2003 Constitution of Rwanda provides that "Every person has a right to private property, whether personal or owned in association with others …" Article 200 of the 2003 Rwandan Constitution provides that "The Constitution is the supreme law of the State. Any law which is contrary to this Constitution is null and void".
UTC Ltd. and its shareholders are at liberty to dispose of their personal and real property. If UTC Ltd. or its shareholders are under criminal investigations, requiring UTC Ltd. or its shareholders for a statement of how they spend their private property is flagrant violation of their constitutional right to own property. Whatever the powers and/or the source of such powers behind this insane demand by the State, to the extent the demand violates UTC Ltd.'s constitutional right to own property, the State demand is null and void under Article 200 of the 2003 Rwandan constitution as amended to date.
Conclusion
of On its face,  the Kigali City Abandoned Property Management your commission has no powers over UTC Ltd. property because UTC Lt resides in Rwanda and has never been dissolved, consequently, UTC Lt. has never 'abandoned' its property as provided for by Rwanda's Organic Law no. 28/2004 of 03/12/2004.  All the documents Kigali City Abandoned Property Management ordered UTC Lt. to produce pose very critical rational public policy and constitutional issues; UTC Ltd.is not obligated to present any such documents because doing so will be facilitating the commission in its methodical move to violate the 2003 Rwanda Constitutions which each citizen is under legal duty to protect. General Kagame's rule by the law as opposed to rule of law will be his unfortunate "legacy". The General's disastrous determination to undermine Rwanda's public institutions' independence for his own personal interests is unparalleled.  However, confiscating citizens' property has undesirable consequences for the political, social and economic future of the nation. On top of entrenching endless conflicts among Rwandans, the owners of such confiscated property will have to be compensated for all economic and non-economic losses occasioned by Kagame's illegal decisions. Does Kagame care about Rwanda as a nation?
Edited and Submitted by: Jennifer Fierberg.

Rwanda: The law of the jungle


The law of the jungle

August 21, 2013 by Rwema IT Webmaster 1 Comment

PRESIDENT KAGAME'S CRUSADE TO CONFISCATE RWANDA'S MAJOR COMMERCIAL CENTER:
Legal opinion
By: Charles Kambanda
The Union Trade Center (UTC) is Rwanda's largest shopping mall. UTC Ltd. Is the sole owner of UTC mall; Tribert Rujugiro Ayabatwa is UTC Ltd. major shareholder. The mall is valued at $20 million (USD); it is the major commercial center in Rwanda. Tribert Rujugiro Ayabatwa was the major single local funder of the guerrilla war that brought Kagame to power. Tribert Rujugiro Ayabatwa was also the major local investor in Rwanda after the 1994 until he fell out with Kagame.  The Rwanda National Prosecuting Authority on August 19, 2013 ordered a freeze on Rujugiro and his wife's bank accounts, citing an "ongoing criminal investigation."
Kagame does not spare his foes. The General will stop at nothing to punish anybody or group that challenges his grip on power. Kagame's cosmos is divided into two realities; his supporters (friends) who can preserve him in power and "enemies" who must be physically, morally and/or psychologically destroyed. The ruthless General has enacted draconian laws that sustained his child-like cosmos.
Kagame's sinister moves to confiscate the multimillion dollar mall to enrich his private business empire after his major donors have turned off the tap.
Pursuant to Organic Law no. 28/2004 0f 13/12/2004 – the law concerning the Management of Abandoned Property [property without owners] – Kigali City Abandoned Property Management commission ordered UTC L Ltd.  to present the following documents to the commission: (1) UTC Ltd building land title, (2) a list of UTC Ltd shareholders and their respective shares, (3) UTC Ltd loans and/or mortgage agreements/contracts with all UTC Ltd. creditors, (4) loans and/or mortgage payment schedule(s), (5) the details of how UTC Ltd manages its personnel and, (6) details of how UTC Ltd spends its money.
Aside the unconstitutional nature of law no. 28/2004 0f 13/12/2004, by assuming powers over UTC Ltd.'s property, the Kigali City Abandoned Property Management commission erred in law and fact
Kigali City abandoned property management commission has no power(s) over issues that touch and concern UTC Ltd. property
A corporation is a legal person. A corporation is resident in the jurisdiction where it is incorporated. A corporation's life-span extends from its incorporation date to dissolution. A corporation has a right to own property; real and personal. Article 2, section 4 of Organic Law no. 28/2004 defines "abandoned property [property without legal owners] as all real and personal property which was previously owned by a person (s) who is/are now unavailable because: (a) the owner(s) died and there is no legatee or heir to inherit that property, (b) the rightful owner is in exile for different reasons, (c) the owner lives in a foreign country for different reasons.
UTC limited corporation is incorporated in Rwanda. UTC Ltd. is a Rwandan tax payer. UTC Ltd. has its management. UTC Ltd. is the sole legal owner of Union Trade Center building located in Kigali city which the Kigali City Abandoned Property Management commission seeks to manage as "abandoned property." UTC Ltd. has never been dissolved (UTC Ltd. Is not unavailable Article 2 of law no. 28/2004). UTC Ltd. resides (still incorporated) in Rwanda; it is not in exile.
Because the UTC Ltd. is incorporated in Rwanda and it is the sole owner of UTC build located in Kigali and the commission is mandated, under Article 11 of law no. 28/2004 of 13/12/2004, to manage "abandoned property", the commission has no power(s) over UTC Ltd property; real or personal.
A corporation is a legal person, distinct and separate from its shareholders and/or Directors
Corporation veil protects a corporation from being affected by omission and/or acts of its shareholders. Corporate veil might be pierced through a civil court process when (i) the shareholders use the corporation to defraud its creditors, (ii) the shareholders and/or Directors use the corporation to engage in illegal acts, and (iii) the corporation has no independent mind, existence and will. Where a criminal issue is involved, the 2003 Rwandan constitution, Article 17, as amended to date, provides that "Criminal liability is personal". There is no criminal liability by association.
UTC Ltd. is incorporated; it is responsible for its own liabilities and assets. UTC Ltd. is NOT a personal property of its shareholders and/or Directors; UTC Ltd. is not "res".  Assuming that the "abandoned property" management commission had powers over UTC Ltd. building, because the commission is not a civil court, the commission can't pierce UTC Ltd. corporate veil because piecing corporate veil is a prerogative of courts of law.  In addition, suppose that the commission had powers over UTC Ltd. property, and the commission was investigating a criminal issue, the 2003 Rwandan constitution obligates the State not to hold UTC Ltd. liable for its shareholders' criminal acts, if any, because criminal liability is personal.
All the documents Kigali City Abandoned Property Management commission ordered UTC Ltd to produce for the commission's review pose very serious rational public policy and constitutional issues
The State has a registrar of companies and land title registry
Conclusive evidence of incorporation is the State's registry of companies.  Likewise, the only proof that a land title is recorded is the State's land title record. The founding document for any corporation is the certificate of incorporation/articles of incorporation. This document bears all details about shareholders and shares. A certificate of incorporation is the only contract between a corporation and the State. At incorporation, the State retained UTC Ltd. certificate of incorporation.  For which reasons should the State ask a citizen to produce a document which is in the State's custody? In the same way, the State should not be asking UTC Ltd to produce its land title because the State has UTC Ltd land title(s) in the office of the registrar of land titles.
If UTC Lt is suspected of forging the certificate of incorporation and/or its land titles, there are relevant criminal laws and procedures for the State to follow. However, in all criminal cases, the State must prove each element of the crime beyond a reasonable doubt.  The 2003 Rwandan constitution Article 19 provides that "Every person accused of a crime shall be presumed innocent until his or her guilt has been conclusively proved …" The State cannot ask the accused to produce evidence for the accused to prove his innocence.
The State has no rational basis to inquire into the details of a private individual's loans and/or mortgage agreements with private creditors.
Acquisition of property is embedded in the right to own property. UTC Ltd.'s loans and/or mortgage agreements with creditors, if any, are private agreements which the State cannot manage.  Except where the State is a party or the State is a third party beneficiary and the State third party beneficiary rights have attached, the State has no interest in those private agreements; the State cannot initiate any investigation into such contracts. Under the 2003 Rwandan Constitution Article 17, "nobody can be imprisoned for liabilities arising from commercial contracts". Accordingly, the State cannot investigate commercial contract parties' obligations and duties. Interpretation of, and disputes about, commercial contracts are litigated in civil courts. Where a criminal issue arises, the party complaining to the State has to produce the underlying agreement. Likewise, the State cannot investigate loans/mortgage payment schedules between individuals. Where a debtor defaults on loan and/or mortgage payment, the contract/agreement itself, contracts law and other relevant civil laws determine the course of action, including foreclosure.
UTC Ltd. might have loans and/or mortgage agreements with creditor(s).  UTC Ltd. does not owe money to the state in form of loans and/or mortgage. The State is not a third party beneficiary of any commercial agreement between UTC Ltd. and any creditor. There is no legal basis for the State to review loans and/or mortgage agreements between UTC Ltd and its creditor(s), if any. Consequently, Kigali City Abandoned Property Management commission has no legal basis to compel UTC Ltd. to present its loans and/or mortgage agreements and payment schedules for the commission to review.
If any UTC Ltd. creditor has filed a criminal case complaint with the police/prosecutor and government is involved in criminal investigations against UTC Ltd., the party complaining must produce the underlying agreement/contract to police/prosecutor. If UTC Ltd. was a criminal suspect, government would be barred from asking UTC Ltd. to collect evidence for its prosecution.
The State's order that UTC Ltd. submits a statement on its personnel management style is inconsistent with contemporary private business human resources management practices and theories
Human resources management style for private corporations, like UTC Ltd., is an internal organizational issue except if any criminal issue is involved.  UTC Ltd. is not involved in a business joint venture with the State. UTC Ltd. is not a government agent.  UTC Ltd.'s internal issues are not in any way State actions. UTC Ltd. Has not offered to hire the State as its human resources management consultant.  For which reason should UTC Ltd. explain to the State how it manages its workers? Did the State acquire UTC Ltd.?  If UTC Ltd. human resources management was in anyway criminal, asking UTC Ltd. to provide such statements would tantamount to asking the UTC Ltd. to incriminate itself, contrary to the 2003 Rwandan constitution.
The State's order that UTC Ltd. presents to the commission a detailed explanation of how UTC Ltd. spends its money is utterly unconstitutional and an unprecedented threat to private investment in Rwanda
A corporation is a legal person. UTC Ltd., like its shareholders, has a right to own property; real and personal. Disposal of property is embedded in the right to own property. Article 29 of the 2003 Constitution of Rwanda provides that "Every person has a right to private property, whether personal or owned in association with others …" Article 200 of the 2003 Rwandan Constitution provides that "The Constitution is the supreme law of the State. Any law which is contrary to this Constitution is null and void".
UTC Ltd. and its shareholders are at liberty to dispose of their personal and real property. If UTC Ltd. or its shareholders are under criminal investigations, requiring UTC Ltd. or its shareholders for a statement of how they spend their private property is flagrant violation of their constitutional right to own property. Whatever the powers and/or the source of such powers behind this insane demand by the State, to the extent the demand violates UTC Ltd.'s constitutional right to own property, the State demand is null and void under Article 200 of the 2003 Rwandan constitution as amended to date.
Conclusion
of On its face,  the Kigali City Abandoned Property Management your commission has no powers over UTC Ltd. property because UTC Lt resides in Rwanda and has never been dissolved, consequently, UTC Lt. has never 'abandoned' its property as provided for by Rwanda's Organic Law no. 28/2004 of 03/12/2004.  All the documents Kigali City Abandoned Property Management ordered UTC Lt. to produce pose very critical rational public policy and constitutional issues; UTC Ltd.is not obligated to present any such documents because doing so will be facilitating the commission in its methodical move to violate the 2003 Rwanda Constitutions which each citizen is under legal duty to protect. General Kagame's rule by the law as opposed to rule of law will be his unfortunate "legacy". The General's disastrous determination to undermine Rwanda's public institutions' independence for his own personal interests is unparalleled.  However, confiscating citizens' property has undesirable consequences for the political, social and economic future of the nation. On top of entrenching endless conflicts among Rwandans, the owners of such confiscated property will have to be compensated for all economic and non-economic losses occasioned by Kagame's illegal decisions. Does Kagame care about Rwanda as a nation?
Edited and Submitted by: Jennifer Fierberg.

-“The root cause of the Rwandan tragedy of 1994 is the long and past historical ethnic dominance of one minority ethnic group to the other majority ethnic group. Ignoring this reality is giving a black cheque for the Rwandan people’s future and deepening resentment, hostility and hatred between the two groups.”

-« Ce dont j’ai le plus peur, c’est des gens qui croient que, du jour au lendemain, on peut prendre une société, lui tordre le cou et en faire une autre ».

-“The hate of men will pass, and dictators die, and the power they took from the people will return to the people. And so long as men die, liberty will never perish.”

-“I have loved justice and hated iniquity: therefore I die in exile.

-“The price good men pay for indifference to public affairs is to be ruled by evil men.”

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