AS 2010 4505

Ordinanza che istituisce provvedimenti nei confronti della Repubblica democratica del Congo

Modifica del 28 settembre 2010

Il Dipartimento federale dell’economia, visto l’articolo 16 della legge del 22 marzo 2002¹ sugli embarghi, ordina:

I L’allegato dell’ordinanza del 22 giugno 2005² che istituisce provvedimenti nei confronti della Repubblica democratica del Congo è sostituito dalla versione qui annessa.

II La presente modifica entra in vigore il 18 ottobre 2010.

28 settembre 2010 Dipartimento federale dell’economia: Doris Leuthard

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Allegato (art. 2 cpv. 1 e 4 cpv. 1)

Persone fisiche, imprese e organizzazioni interessate dai provvedimenti di cui agli art. 2 e 4

A. Persone fisiche COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE

BWAMBALE Frank Frank Kakorere Left the CNDP in January 2008. Former RCD-ML leader, Kakolele As of December 2008 resides in exercising influence over Frank Kakorere Kinshasa. policies and maintaining Bwambale command and control over the activities of RCD-ML forces, one of the armed groups and militias referred to in para- graph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. KAKWAVU Jérôme Jérôme Kakwavu Congolese Former President of BUKANDE UCD/FAPC. FAPC’s control Known as: of illegal border posts between «Commandant Jérôme» Uganda and the DRC – a key transit route for arms flows. As President of the FAPC, he As of June 2010, has been exercises influence over arrested and is now being held policies and maintains com- in Kinshasa central prison. mand and control over the Judicial proceedings have been activities of FAPC forces, initiated against him and two which have been involved in other of the five senior FARDC arms trafficking and, conse- officers.

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE quently, in violations of the arms embargo. Given the rank of General in the FARDC in December 2004. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri in 2002. One of five senior FARDC officers who had been accused of serious crimes involving sexual violence and whose cases the Security Council had brought to the Government’s attention during its visit in 2009. KATANGA Germain Congolese FRPI chief. Appointed General in the FARDC in December Under house arrest in Kinshasa 2004. Involved in weapons since March 2005 for FRPI transfers, in violation of the involvement in human rights arms embargo. abuses. According to the Office of the SRSG on Children and Armed Handed over by the Govern- Conflict, he was responsible ment of the DRC to the Interna- for recruitment and use of tional Criminal Court on 18 children in Ituri from 2002 to October 2007. 2003.

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE

LUBANGA Thomas Ituri Congolese President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Arrested in Kinshasa in Res. 1493 (2003), involved in March 2005 for UPC/L the trafficking of arms, in involvement in human rights violation of the arms abuses. embargo. Transferred to the ICC by the According to the Office of the Congolese authorities on SRSG on Children and Armed

17 March 2006. Conflict, he was responsible

As of December 2008 is being for recruitment and use of tried for war crimes. children in Ituri from 2002 to 2003. MANDRO Khawa Panga Kawa Panga 20 August 1973, Congolese Ex-President of PUSIC, one of Bunia Known as: the armed groups and militias Kawa Panga Mandro «Chief Kahwa» referred to in paragraph 20 of «Kawa» Res. 1493 (2003) involved in Kawa Mandro Arrested by Congolese authori- arms trafficking, in violation of ties in October 2005, acquitted the arms embargo. In prison in Yves Andoul Karim by the Court of Appeal in Bunia since 04/05 for sabotage Kisangani, subsequently trans- of the Ituri peace process. Mandro Panga Kahwa ferred to the judicial authorities According to the Office of the in Kinshasa on new charges of SRSG on Children and Armed Yves Khawa Panga crimes against humanity, war Conflict, he was responsible Mandro crimes, murder, aggravated for recruitment and use of assault and battery. children from 2001 to 2002. MBARUSHIMANA Callixte 24 July 1963, Rwandan Executive Secretary of the Ndusu/Ruhengeri Current location: Paris or Thaïs, FDLR and Vice-President of Northern France the FDLR military high com- Province, mand. Political/Military leader Rwanda of a foreign armed group

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE operating in the Democratic Republic of the Congo, imped- ing the disarmament and the voluntary repatriation and resettlement of combatants, per Security Council resolution

1857 (2008) OP 4 (b).

MPAMO Iruta Douglas Mpano 28 December Congolese Owner/Manager of the Com- 1965, Bashali, pagnie Aérienne des Grands Douglas Iruta Mpamo Masisi Based in Goma and Gisenyi, Lacs and of Great Lakes Rwanda. Frequently travels Business Company, whose

29 December across international border aircraft were used to provide

1965, Goma, between Rwanda and Congo. assistance to armed groups and DRC (formerly militias referred to in para- Zaire) Address: graph 20 of Res. 1493 (2003). Bld Kanyamuhanga 52, Goma Also responsible for disguising information on flights and cargo apparently to allow for the violation of the armsem- bargo. MUDACUMURA Sylvestre Rwandan FDLR Commander, exercising influence over policies, and Known as: maintaining command and «Radja» control over the activities of «Mupenzi Bernard» FDLR forces, one of the armed «General Major Mupenzi» groups and militias referred to «General Mudacumura» in paragraph 20 of Res. 1493 (2003), involved in trafficking As of November 2009, conti- of arms, in violation of the nues to serve as FDLR-FOCA arms embargo. military commander. Based in Kibua, Masisi territory, DRC.

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE

Mudacumura (or staff) was in telephone communication with FDLR leader Murwanashyaka in Germany, including at the time of the Busurungi Massac- re May 2009, and military commander Major Guillaume during Umoja Wetu and Kimia II operations in 2009. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for 27 cases of recruitment and use of children by troops under his command in North Kivu from 2002 to 2007. MUJYAMBERE Leopold Musenyeri 17 March 1962 Rwandan Commander of the Second Achille Kigali, Rwanda Rank: Colonel Division of FOCA / the Re- Est. 1966 serve Brigades (an FDLR Frere Petrus Ibrahim Current location: armed branch). Military leader Mwenga, South Kivu, DRC of a foreign armed group operating in the Democratic Republic of the Congo, imped- ing the disarmament and the voluntary repatriation and resettlement of combatants, per Security Council resolution

1857 (2008) OP 4 (b). In

evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008,

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE girls recovered from FDLR- FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, per Security Council resolution 1857 (2008) OP4 (d) and (e). MURWANASHYAKA Dr. Ignace Ignace 14 May 1963, Rwandan President of FDLR, and Butera supreme commander of the (Rwanda) Resident in Germany FDLR armed forces exercising As of November 2009, still influence over policies, and Ngoma, Butare recognized as the President of maintaining command and (Rwanda) the FDLR-FOCA political control over the activities of branch and supreme comman- FDLR forces, one of the armed der of the FDLR armed forces. groups and militias referred to in paragraph 20 of Res. 1493 Arrested by German Federal (2003), involved in trafficking Police on 17 November 2009 of arms, in violation of the on suspicion of committing arms embargo. crimes against humanity and war crimes in the DRC, as well In telephone communication as on the basis of other charges with FDLR military field related to the forming and commanders (including during membership of a foreign the Busurungi May 2009 terrorist organization. massacre); gave military orders to the high command; involved

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE in coordinating the transfer of arms and ammunition to FDLR units and relaying specific instructions for use; managing large sums of money raised through illicit sale of natural resources in areas of FDLR control. Traveled to Uganda in 2006 in violation of travel ban According to the Office of the SRSG on Children and Armed Conflict, he held command responsibility as President and military commander of FDLR for recruitment and use of children by the FDLR in Eastern Congo. MUSONI Straton IO Musoni 6 April 1961 Rwandan passport expired on Through his leadership of the (possibly 4 June 10 September 2004 FDLR, a foreign armed group 1961), Mugam- Resident in Neuffen, Germany operating in the DRC, Musoni bazi, Kigali, is impeding the disarmament Rwanda As November 2009, still re- and voluntary repatriation or cognized as the 1st Vice- resettlement of combatants President of the FDLR-FOCA belonging to those groups, in political branch and President breach of resolution 1649 of the FDLR military high (2005). command. Arrested by German Federal Police on 17 November 2009 on suspicion of committing crimes against humanity and war

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE crimes in the DRC, as well as on the basis of other charges related to the forming and membership of a foreign terrorist organization. MUTEBUTSI Jules Jules Mutebusi South Kivu Congolese (South Kivu) Former FARDC Deputy Arrested by the Rwandan Military Regional Jules Mutebuzi authorities in December 2007 Commander of 10th MR in Colonel Mutebutsi when he tried to cross the April 2004, dismissed for border into the DRC. Reported- indiscipline and joined forces ly he is currently ’restrained’. with other renegade elements of former RCD-G to take town of Bukavu in May 2004 by force. Implicated in the receipt of weapons outside of FARDC structures and provision of supplies to armed groups and militia mentioned in paragraph

20 of Res. 1493 (2003),

in violation of the arms embargo. NGUDJOLO Matthieu, Cui Ngudjolo «Colonel» or «General» FNI Chief of Staff and former Chui Surrendered by the Government Chief of Staff of the FRPI, of the DRC to the International exercising influence over Criminal Court on 7 February policies and maintaining

2008. command and control over the

activities of FRPI forces, one of the armed groups and militias referred to in para- graph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE embargo. Arrested by MONUC in Bunia in October 2003. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children under 15 years old in Ituri in 2006. NJABU Floribert Floribert Njabu Arrested and placed under President of FNI, one of the Ngabu house arrest in Kinshasa since armed groups and militias Floribert Ndjabu March 2005, for FNI involve- referred to in paragraph 20 of ment in human rights abuses. Res. 1493 (2003), involved in Floribert Ngabu Ndjabu the trafficking of arms, in violation of the arms embargo. NKUNDA Laurent Laurent Nkunda Bwatare 6 February 1967, Congolese Former RCD-G General. North Ki- Joined forces with other Laurent Nkundabatware vu/Rutshuru renegade elements of former RCD-G to take Bukavu in May Laurent Nkunda Mahoro 2 February 1967 Known as: 2004 by force. In receipt of Batware «Chairman» weapons outside of FARDC in violation of the arms embargo. Laurent Nkunda Batware «General Nkunda» Founder, National Congress for Nkunda Mihigo Laurent «Papa Six» the People’s Defense, 2006; Arrested on Rwandan soil in Senior Officer, Rally for January 2009 and subsequently Congolese Democracy-Goma replaced as commander of the (RCD-G), 1998–2006; Officer CNDP in North Kivu Rwandan Patriotic Front (RPF), 1992–1998.

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE

According to the Office of the SRSG on Children and Armed Conflict, he was responsible for 264 cases of recruitment and use of children by troops under his command in North Kivu from 2002 to 2009. As of November 2009, despite arrest in Rwanda in January

2009 and removal as President

of CNDP, retains some control over CNDP and its internatio- nal network. NTAWUNGUKA Pacifique Colonel Omega 1 January 1964, Rwandan Commander of the First Nzeri Gaseke Rank: Colonel Division of FOCA (an FDLR Gisenyi Province armed branch). Military leader Israel Rwanda Current Location: of a foreign armed group Pacifique Ntawungula Peti, Walikale - Masisis border, operating in the Democratic Est. 1964 DRC Republic of the Congo, imped- Other: Received military ing the disarmament and the training in Egypt voluntary repatriation and resettlement of combatants, per Security Council resolution

1857 (2008) OP 4 (b). In

evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR- FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA,

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, per Security Council resolution 1857 (2008) OP4 (d) and (e). NYAKUNI James Ugandan Trade partnership with Com- mandant Jérôme, particularly smuggling across the DRC/Uganda border, including suspected smuggling of wea- pons and military material in unchecked trucks. Violation of the arms embargo and provisi- on of assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003), including financial support that allows them to operate militarily. NZEYIMANA Stanislas Deogratias Bigaruka 1 January 1966, Rwandan Deputy Commander of the Izabayo Mugusa As of November 2009, recogni- FOCA (an FDLR armed Bigaruka (Butare), zed as Major General Stanislas branch). Military leader of a Rwanda Nzeyimana, FDLR Deputy foreign armed group operating Bigurura in the Democratic Republic of Est. 1967 Commander Izabayo Deo the Congo, impeding the Alt. disarmament and the voluntary Jules Mateso Mlamba 28 August 1966 repatriation and resettlement of

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE

Current location: combatants, per Security Kalonge, Masisi, North Kivu, Council resolution 1857 (2008) DRC or Kibua, DRC. OP 4 (b). In evidence collated by the UNSC DRC Sanctions Com- Frequent travel to Kigoma mittee Group of Experts, detailed in its report of

13 February 2008, girls recov-

ered from FDLR-FOCA had previously been abducted and sexually abused. Since mid- 2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, per Security Council resolution 1857 (2008) OP4 (d) and (e). OZIA MAZIO Dieudonné Ozia Mazio 6 June 1949, Congolese President of FEC in Aru Ariwara, DRC territory. Financial schemes Known as: with Commandant Jérôme and «Omari» FAPC and smuggling across «Mr Omari» the DRC/Uganda border, allowing supplies and cash to be made available to Comman- Deceased in Ariwara on dant Jérôme and his troops. 23 September 2008 Violation of the arms embargo, including by providing as- sistance to armed groups and

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COGNOME NOME ALIAS DATA/LUOGO NUMERO DI PASSAPORTO/ FUNZIONE/GIUSTIFICAZIONE DI NASCITA INFORMAZIONI PER L’IDENTIFICAZIONE militia referred to in paragraph

20 of Res. 1493 (2003).

TAGANDA Bosco Bosco Ntaganda Congolese UPC/L military commander, exercising influence over Bosco Ntagenda Known as: policies and maintaining General Taganda «Terminator» command and control over the «Major» activities of UPC/L, one of the As of November 2009 de facto armed groups and militias military head of CNDP follo- referred to in paragraph 20 of wing arrest of General Laurent Res. 1493 (2003), involved in Nkunda in January 2009, the trafficking of arms, in Former chief of staff of the violation of the arms embargo. CNDP. Based in Bunagana and He was appointed General in Rutshuru the FARDC in December 2004 but refused to accept the Since appointment as the de promotion, therefore remaining facto military head of CNDP in outside of the FARDC. January 2009, has been instruc- ted to manage integration into According to the Office of the FARDC and given the post of SRSG on Children and Armed deputy operational commander Conflict, he was responsible for Kimia II although this is for recruitment and use of officially denied by FARDC children in Ituri in 2002 and 2003, and 155 cases of direct and/or command responsibility for recruitment and use of children in North Kivu from

2002 to 2009.

As CNDP Chief of Staff, had direct and command responsi- bility for the massacre at Kiwanja (November 2008)

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B. Imprese e organizzazioni NOME INDIRIZZO INFORMAZIONI PER GIUSTIFICAZIONE L’IDENTIFICAZIONE

BUTEMBO AIRLINES (BAL) Butembo, DRC Privately-owned airline, operates out Kisoni Kambale (deceased on 5 July of Butembo 2007 and subsequently de-listed on As of December 2008, BAL no 24 April 2008 by the Security longer holds an aircraft operating Council Committee established license in the DRC. pursuant to resolution 1533 (2004)) used his airline to transport FNI gold, rations and weapons between Mongbwalu and Butembo. This constitutes «provision of assistance» to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005). CONGOCOM TRADING HOUSE Butembo, DRC, Gold trading house in Butembo Congocom was owned by Kisoni Tel.: +253 (0) 99 983 784 Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008 by the Security Council Committee established pursuant to resolution 1533 (2004)). Kambale acquired almost all the gold production in the Mongbwalu district, which is controlled by the FNI. The FNI derive substantial income from taxes imposed on this production. This constitutes «provision of assis- tance» to illegal armed groups in breach of the arms embargo of resolu- tions 1493 (2003) and 1596 (2005).

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NOME INDIRIZZO INFORMAZIONI PER GIUSTIFICAZIONE L’IDENTIFICAZIONE

COMPAGNIE AERIENNE DES CAGL, Avenue Président Mobutu, CAGL is a company owned by GRANDS LACS (CAGL) Goma, DRC (CAGL also has an Douglas Mpamo. CAGL was used to office in Gisenyi, Rwanda) transport arms and ammunition in violation of the arms embargo of resolutions 1493 (2003) and 1596 (2005). GREAT LAKES BUSINESS GLBC, PO Box 315, Goma, DRC As of December 2008, GLBC no GLBC is a company owned by COMPANY (GLBC) (GLBC also has an office in Gisenyi, longer had any operational aircraft, Douglas Mpamo. GLBC was used to Rwanda) although several aircraft continued transport arms and ammunition in flying in 2008 despite UN sanctions violation of the arms embargo of reso- lutions 1493 (2003) and 1596 (2005). MACHANGA LTD Kampala, Uganda Gold export company in Kampala Machanga bought gold through a (Director: Mr. Rajendra Kumar Vaya regular commercial relationship with and Mr. Hirendra M. Vaya) traders in the DRC tightly linked to militias. This constitutes «provision of assistance» to illegal armed groups in breach of the arms embargo of resolu- tions 1493 (2003) and 1596 (2005). TOUS POUR LA PAIX ET LE Goma, North Kivu As of December 2008, TPD still NGO implicated in violation of the DEVELOPPEMENT (TPD) existed and had offices in several arms embargo, by providing assis- towns in Masisi and Rutshuru tance to RCD-G, particularly in territories, but its activities had supplying trucks to transport arms and almost ceased. troops, and also by transporting weapons to be distributed to parts of the population in Masisi and Rut- shuru, North Kivu, in early 2005.

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NOME INDIRIZZO INFORMAZIONI PER GIUSTIFICAZIONE L’IDENTIFICAZIONE

UGANDA COMMERCIAL IMPEX Kajoka Street, Kisemente, Kampala, Gold export company in Kampala UCI bought gold through a regular (UCI) LTD Uganda; Tel.: +256 41 533 578/9 (Directors: Mr. J.V.l LODHIA – commercial relationship with traders known as “Chuni”- and his son in the DRC tightly linked to militias. Alternative address: PO Box 22709, Mr.Kunal LODHIA) This constitutes «provision of assis- Kampala, Uganda tance» to illegal armed groups in breach of the arms embargo of resolu- tions 1493 (2003) and 1596 (2005).

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Abbreviazioni: CAGL Compagnie aérienne des Grands Lacs DRC Democratic Republic of the Congo FAPC Forces armées du peuple congolais FARDC Forces armées de la République démocratique du Congo FDLR Forces démocratiques de libération du Rwanda FEC Fédération des entreprises du Congo FNI Front des nationalistes et intégrationnistes FOCA Forces combattantes abacunguzi FRPI Front de résistance patriotique du Congo GLBC Great Lakes Business Company MR military region NGO Non-governmental organization OP Operative Paragraph PUSIC Parti pour l’unité et la sauvegarde de l’intégrité du Congo RCD-G Rassemblement congolais pour la démocratie-Goma RCD-ML Rassemblement congolais pour la démocratie-Mouvement de libération RPF Rwandan Patriotic Front SRSG Special Representative of the Secretary-General TPD Tous pour la paix et le développement UCD Union des Congolais pour la démocratie UCI Uganda Commercial Impex UNSC United Nations Security Council UPC/L Union des patriotes congolais/faction Lubanga

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