UNHCHR ARBOUR UNSC BRIEFING ON GREAT LAKES REGION

UNCLAS USUN NEW YORK 000470 SIPDIS SIPDIS E.O. 12958: N/A TAGS: BY CG KAWC KWMN PHUM PREL RW UG XA ZF ZU SUBJECT: UNHCHR ARBOUR UNSC BRIEFING ON GREAT LAKES REGION REF: USUN 00439 ¶1. (U) Summary: UN High Commissioner for Human Rights Arbour briefed the UN Security Council on her recent mission to the Great Lakes region. Noting she had addressed the Peacebuilding Commission on Burundi the previous day, Arbour focused her remarks on conditions in the Democratic Republic of the Congo (DRC). Arbour summed up the numerous problems in the DRC stating that the human rights reality is &marked by ongoing serious violations by security forces, an alarmingly high incidence of sexual violence, multiple forms of discrimination, little access to education and healthcare, and the continuing use of child soldiers.8 She said the DRC political system remains non-participatory and unresponsive to the needs of its citizens, while a weak, ineffective and corrupt judicial system fails to operate without political interference. She concluded that meeting these challenges will require major, sustained efforts from both the Government and the international community. End Summary. ¶2. (U) The following is a summary of the comments of Louise Arbour UN High Commissioner for Human Rights during her May 31 briefing of the UN Security Council. Impunity ¶3. (U) There is virtually no accountability for a long series of serious human rights violations. Violators are seemingly rewarded for their abuses with positions of power, and the militia,s abuses of the civilian population continue at will. Security Council Resolution 1325 is virtually ignored, as violence against women has reached pandemic proportions in both frequency and intensity. The message conveyed is that human rights abusers will be rewarded rather than punished; violence is an effective way to achieve positions of power; and the failure to provide justice to lays the groundwork for future violence. A corrupt and politically influenced judicial system has all but ceased to function. ¶4. (U) As an example, Congolese authorities have agreed to the inclusion of amnesty provisions in peace accords, whereby alleged perpetrators were granted amnesties for human rights violations, and/or integrated into the armed forces. Notably, Laurent Nkunda, currently the subject of an arrest warrant for rape and multiple murders, has been awarded the rank of General, and through the 'mixage' process, where rebel militia are mixed with Armed Forces of the DRC 
(&FARDC8),Nkunda's de facto control has grown, and he now presents an even greater security risk to the civilian population. Arbour also noted that accused human rights violator Gabriel Amisi is also a General, and is Chief of Land Forces in Kinshasa. Vetting, 'mixage' and 'brassage' ¶5. (U) Arbour stated that the practice of &mixage' must be replaced for all combatants by a systematic integration program known as 'brassage'. Reform of the security sector in DRC is critical to increasing the protection of civilians. A credible, systematic review of all security forces with the removal of the most serious human rights abusers is necessary, and will require the full support of the international community. Violence Against Women ¶6. (U) The scale of rape and sexual violence in the DRC today is unequaled. Resolution 1325 is purely rhetoric, and is contradicted by actions on the ground on a daily basis. Sexual violence has reached pandemic proportions in the DRC for one reason. It is permitted. There has been a complete failure by authorities to protect civilians. Efforts so far have been mainly palliative, concentrating on treating or providing services to the victims. More emphasis must be placed on prosecution of perpetrators. Military and civilian leaders must send public messages that violence against women in any form is unacceptable and perpetrators will be brought to justice. Administration of Justice ¶7. (U) The justice system in the DRC is barely functioning. That said, all senior Government officials have expressed a commitment to combating impunity and establishing justice and respect for human rights. The models of justice currently used in the region - largely based on cumbersome and bureaucratic systems inherited from the colonial era - have proven inadequate and susceptible to corruption and political abuse. Local, creative, and victim-centered efforts by the UN and NGOs, working closely with local police, military and judicial establishments, have provided some concrete results in bringing some perpetrators to justice. These efforts should be strengthened, and if possible institutionalized. ¶8. (U) There is an enormous backlog of criminal cases and an unnecessarily large number of prisoners living in squalid prison conditions. In the Central Prison in Kinshasa for example, 60 percent of the prisoners are held in pre-trial detention, often for months or years. Releasing prisoners in illegal detention - especially those in prolonged preventive detention for minor crimes - would assist in ameliorating prison conditions and decongesting the overburdened justice system. Mapping ¶9. (U) Falling within MONUC's human rights mandate, there is a proposed &mapping exercise8 to create an inventory of the most serious violations of human rights and international humanitarian law committed within the territory of the DRC between March 1993 and June 2003. The mapping exercise should serve as the core reference document upon which transitional justice options may then be discussed. This proposal has been well received in the DRC, including by President Kabila, the diplomatic community, and most importantly the Congolese themselves. This OHCHR-MONUC justice initiative is in need of financial support. Economic and Social Rights ¶10. (U) The contrast between the DRC's wealth in natural resources and the extreme levels of poverty is &startling. The natural resources of the DRC are often illegally exploited by political and military elites, and have fueled much of the conflict over the past decade. Historically, very little of the revenue from natural resources in the DRC has been channeled to state coffers or addressed the massive needs of the population. There is a pressing need to devise legislation oriented toward the protection and realization of economic and social rights, and laws to encourage transparency and accountability in the governance and management of natural resources. The forests of the DRC should be exploited in a manner that respects the rights of indigenous populations. Conclusion ¶11. (U) Arbour summarized by stating that DRC cannot sacrifice justice for the sake of peace. Impunity poses an intrinsic threat to the success of peace deals, and there can be no development or security without respect for human rights. Peace, development and the emergence of true democracy in the country are seriously threatened, and the Government of the DRC must act with urgency to resolve these many issues. ¶12. (U) In response to questions, Arbour noted signs of hope in the DRC ) not insignificant was the government of the DRC,s willingness to engage and discuss issues candidly. In addition, Arbour said that within the DRC, there is an expectation that the Juba peace talks will bring an end to the conflict in Southern Sudan and Northern Uganda, bringing some stability to the region. Finally she affirmed the belief that there must be both reconciliation and accountability, noting that OHCHR would be taking the lead in the universally supported &mapping8 exercise. UNSC Reaction: ¶13. (U) Interventions by the members of the Security Council followed, the first being South African PermRep Ambassador Kumalo, who expressed dissatisfaction with a human rights briefing being held in the Security Council and complained that Council members were expecting too much from the fledgling government. This set off a deluge of comments in response, with the remaining Security Council members voicing unanimous support for the Council,s being seized with the situation on the ground, and the status of peacekeepers in the Great Lakes region. The remainder of the comments were consistent in calling for immediate security sector reform, with Ambassador La Sabliere of France commenting that reform efforts need to be &stepped up8 as the Congolese people are suffering. All commented on the pressing need to address the human rights violations, with Ambassador Verbeke of Belgium noting it was the women and children that were suffering most, and that the mixage process was causing many problems. There was a universal call for peace and human rights. All acknowledged the need for international assistance and support. ¶14. (U) Ambassador Wolff spoke in his national capacity, welcomed Mrs. Arbour,s briefing, and joined the others in voicing concern over the human rights situation in the region. The Ambassador noted that there must be both reconciliation and justice ) that there needs to be a balance between accountability and reconciliation. He added that it was fully appropriate that the UN Security Council consider the situation of peacekeepers in the region. ¶15. (U) Ambassador Arias of Panama commented that the Security Council has a responsibility to know what the economic, social and human rights situation in the region is. Arias added the Human Rights Council (&HRC8) and the Security Council must be more demanding in any country in which there is conflict, and must understand the whole of the situation. Ambassador Ikouebe of Congo added that the Peacebuilding Commission and the HRC are of critical importance, while Ambassador Jones Parry of the United Kingdom commented that it was &absolutely right that these issues are front and center of the MONUC mandate, and what was agreed in UNSCR 1756.8 In reference to UNSCR 1756 (May 15, 2007) concerning the situation in the DRC, Ambassador Shcherbak of the Russian Federation commented on the need for &buy-in8 of local government to any peace process, or long-term solutions for the region. ¶16. (U) Ambassador Ikouebe added that in his view, the problems in the DRC were representative of the region ) a rich country with poor people. He joined with Indonesia in noting that any lasting peace must be based on sustainable development, while Ambassador Du of China voiced the need for economic development and poverty eradication. Related Comments: ¶17. (U) Burundi: Ambassador Verbeke noted the importance of negating impunity, and ensuring that those responsible for human rights violations be held accountable. He added that in his view, Burundi had already been through their &transitional Period8 and that it was time for their post-transitional period. Ambassador Christian of Ghana agreed, stating that Burundi needed to confront past violations. ¶18. (U) Rwanda: Ambassador Christian noted his support for the Gacaca courts, but was concerned about the backlog, and was joined by the United States in concern over the justice systems lack of capacity to try thousands of cases in a relatively short time. In the meantime, many are incarcerated and face long delays awaiting trial. ¶19. (U) Northern Uganda: Ambassador Jones-Parry noted that the humanitarian crisis has been affected by the problems in the DRC, and the situation is now impacting the more than 1.6 million Internally Displaced Persons. He noted the linkage between human rights, security, and development, and that while he was encouraged at the tentative signs of progress in the DRC, indications are that Zimbabwe is going in the opposite direction. KHALILZAD