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