JVM: STILL A WORK IN PROGRESS

C O N F I D E N T I A L SECTION 01 OF 02 KINSHASA 001933

SIPDIS

E.O. 12958: DECL: 10/18/2014
TAGS: PGOV PREL KPKO CG MONUC
SUBJECT: JVM: STILL A WORK IN PROGRESS

REF: KINSHASA 1904

Classified By: PolCouns MSanderson, reasons 1.4 (b) and (d).


1. (C) Summary: Monuc DDR chief expressed doubts October 14
that the proposed JVM office in Bukavu will be opened in the
near future, given the recent attack on Monuc peacekeepers by
COngoleses civilians who erroneously believed MONUC was
transporting a Rwandan (reftel). Monuc has informed both
Rwanda and the DRC that it will not transport armed JVM
participants in Monuc vehicles, since Monuc milobs who would
be accompanying the teams will be unarmed. Congo's lead
representative to the JVM discussions, Ambassador-at-Large
Antoine Ghonda, submitted his recommendations to President
Kabila October 13. Ghonda recommends that the DRC should
insist on a provision that all allegations should be
investigated, regardless of the source, and that a new
element be added to assist with the progressive repatriation
of refugees. As of October 16 he had not received
confirmation that these have been approved, in large part
because Kabila is making his first official trip to the east
(septel). Ghonda hoped to have a response to Monuc on or
about October 20, acknowledging that the JVM bureaus probably
would not open October 18 as previously planned. End Summary.

Monuc -- Having Second Thoughts?


2. (C) PolCouns met October 14 with Monuc DDR chief Peter
Swarbrick to discuss progress -- or lack thereof -- on the
Joint Verification Mechanism (JVM). (Note: Swarbrick said
that DDR has the lead on JVM within Monuc, in large part
because SRSG Swing hopes that eventually the JVM will result
in a joint Congo-Rwanda effort to deal with the FDLR
problems. End Note.) Referring to an October 8 incident in
Bukavu during which an angry crowd of approximately 1,000
Congolese citizens threatened to burn Monuc peacekeepers
transporting a supposed Rwandan, Swarbrick said that Monuc is
seriously considering delaying the opening of the JVM office
in Bukavu. Swarbrick believes that particularly initially,
with the low level of activity anticipated for the
verification teams, it will be possible to conduct
investigations in both North and South Kivu from the Goma JVM
offices. Then, he continued, Monuc could open the JVM office
in Bukavu "when things are calmer," although he declined to
speculate on when that might be. PolCouns noted the
importance of opening both offices as planned, particularly
in order that the international community not be seen to be
intimidated by mob rule, which would further undercut Monuc's
influence in South Kivu.


3. (C) Swarbrick went on to say that Monuc has informed both
Rwanda and the DRC that it will not transport armed JVM team
members. Since the Monuc milobs who will accompanying the
teams on their missions will be unarmed (consistent with
Monuc's operational agreement),the JVM members likewise must
be unarmed. Swarbrick acknowledged there is a risk that
unarmed JVM teams -- and milobs -- could potentially
encounter armed and hostile parties in the course of their
investigations, but said in that case, the teams would simply
have to break off the investigation. As of October 16, Monuc
had not received replies to the work plan for the
verification teams from either Rwanda or the DRC.

Congolese -- High Hopes


4. (C) PolCouns spoke October 16 with Ambassador-at-Large
Antoine Ghonda, the DRC's senior representative at the JVM
meeting in Kigali. Ghonda confirmed that he had received
Monuc's proposed changes to the work plan and said that in
principle, Congo has no objections to unarmed team members.
He noted that the purpose of the teams is to investigate
allegations with the objective of resolving problems, not
firing on miscreants. He insisted, however, that the work
plan must state (as do the terms of reference agreed in New
York) that the teams will investigate "all allegations," not
only those supplied by official government sources. He added
that, in light of the recent tensions surrounding the return
of refugees from Burundi, the DRC hopes the JVM teams can
also assist with the phased return of refugees both by
generally improving confidence and security, and by
investigating allegations that non-refugee elements might
attempt to enter the Congo disguised as refugees.


5. (C) He confirmed the DRC wants the Rwandan team to stay
each evening on the Rwandan side of the border. While
acknowledging the logistical problems this will pose (most
allegations are received in the early morning hours, when the
border is officially closed, which would prohibit Monuc's
transporting the Rwandan team to the Congolese side, or vice
versa),he said that the DRC is insisting on this measure to
ensure the safety of the Rwandan team. (Comment: A tacit
admission that the DRC cannot or will not guarantee the
security of the Rwandan soldiers in Bukavu or Goma. End
Comment.) Ghonda also said that others, such as Nigeria and
South Africa, should be briefed on the JVM and its
operations, speculating that perhaps in the future these two
countries would wish to be involved "in some capacity." He
said he had submitted his recommendations to the President
for approval, but did not expect to receive a response before
October 20, given that the President is making his first
official visit to the East (Kisangani, reported septel).

Comment


6. (C) Perhaps not surprisingly, there already is some delay
in agreeing on the operational terms for the verification
teams, and an attendant lag in opening the offices. Monuc is
hopeful, however, that by early November the JVM will be
operational, in one form or another. Increasingly, however,
the limitations imposed by all the parties -- having to
transport the Rwandans to and from Congo daily, Monuc's lack
of night-vision equipment and boats, etc -- suggest that the
JVM will have a hard time living up to expectations
particularly if, as Swarbrick suggests, Monuc hopes the JVM
will somehow lead to a solution for the long-standing problem
of the FDLR.


DOUGHERTY