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Community Provisions (Restrictive Measures - Democratic Republic of the Congo) (Amendment) (Jersey) Order 2012

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 17 January 2012:

Decision Reference: MD-C-2012-0007

Decision Summary Title :

Sanctions - Congo amendment 2012.01.11    25/19

Date of Decision Summary:

11 January 2012

 

Decision Summary Author:

 

International Relations

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Community Provisions (Restrictive Measures – Democratic Republic of the Congo) (Amendment) (Jersey) Order 2012

Date of Written Report:

11 January 2012

 

Written Report Author:

Law Draftsman

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Community Provisions (Restrictive Measures - Democratic Republic of the Congo) (Amendment) (Jersey) Order 2012.

Decision(s):   The Chief Minister, in pursuance of Article 2 of the European Communities Legislation (Implementation) (Jersey) Law 1996 and having regard to Council Regulation (EC) No.1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo, made the Community Provisions (Restrictive Measures - Democratic Republic of the Congo) (Amendment) (Jersey) Order 2012.

Reason(s) for Decision:  

The UN Security Council resolution 1533 (2004) and subsequent resolutions impose sanctions measures against persons acting in violation of the arms embargo in relation to the Democratic Republic of the Congo.

These sanctions are given effect in Jersey by the Community Provisions (Restrictive Measures - Democratic Republic of the Congo) (Jersey) Order 2011.  The proposed amendment adds two individuals to the list of persons who are the subject of freezing of funds and economic resources:

(a)  Jamil Mukulu (alias (a) Professor Musharaf, (b) Steven Alirabaki, (c) David Kyagulanyi (d) Musezi Talengelanimiro (e) Mzee Tutu (f) Abdullah Junjuaka (g) Alilabaki Kyagulanyi, (h) Hussein Muhammad (i) Nicolas Luumu (j) Talengelanimiro. Date of birth: (a) 1965 (b) 1 January 1964. Place of birth: Ntoke Village, Ntenjeru Sub County, Kayunga District, Uganda. Function: (a) Head of the Allied Democratic Forces (ADF) (b) Commander, Allied Democratic Forces. Nationality: Ugandan. Other information: According to open-source and official reporting, including the UNSC DRC Sanctions Committee’s Group of Experts’ reports, Jamil Mukulu is the military leader of the Allied Democratic Forces (ADF), a foreign armed group operating in the DRC that impedes the disarmament and voluntary repatriation or resettlement of ADF combatants, as described in paragraph 4(b) of resolution 1857 (2008). The UNSC DRC Sanction Committee’s Group of Experts has reported that Jamil Mukulu has provided leadership and material support to the ADF, an armed group operating in the territory of the DRC. According to multiple sources including the UNSC DRC Sanctions Committee’s Group of Experts’ reports, Jamil Mukulu has also continued to exercise influence over the policies, provided financing, and maintained direct command and control over the activities of ADF forces in the field, including overseeing links with international terrorist networks. Date of designation: 12.10.2011.

 

(b) Ntabo Ntaberi Sheka. Date of birth: 4 April 1976. Place of birth: Walikale Territory, Democratic Republic of the Congo. Function: Commander-in-Chief, Nduma Defence of Congo, Mayi Mayi Sheka group. Nationality: Congolese. Other information: Ntabo Ntaberi Sheka, Commander-in-Chief of the political branch of the Mayi Mayi Sheka, is the political leader of a Congolese armed group that impedes the disarmament, demobilisation, or reintegration of combatants. The Mayi Mayi Sheka is a Congo-based militia group that operates from bases in Walikale territory in eastern DRC. The Mayi Mayi Sheka group has carried out attacks on mines in eastern DRC, including taking over the Bisiye mines and extorting from locals. Ntabo Ntaberi Sheka has also committed serious violations of international law involving the targeting of children. Ntabo Ntaberi Sheka planned and ordered a series of attacks in Walikale territory from 30 July to 2 August 2010, to punish local populations accused of collaborating with Congolese government forces. In the course of the attacks, children were raped and were abducted, subjected to forced labour and subjected to cruel, inhumane or degrading treatment. The Mayi Mayi Sheka militia group also forcibly recruits boys and holds children in their ranks from recruitment drives. Date of designation: 28.11.2011.

Resource Implications:  There are no manpower or resource implications arising from this Order.

Action required:  

The Chief Minister should sign and seal the attached Community Provisions (Restrictive Measures - Democratic Republic of the Congo) (Amendment) (Jersey) Order 2012. 

The Chief Minister’s Department shall –

(1) inform the Assistant Greffier of the States and the States Greffe Publications Editor immediately the Order is made.

(2) deliver the signed and sealed order to the Publications Editor.

 

Signature:

 

Position: 

 

Senator I.J Gorst, Chief Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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