MBUSA SKEPTICAL ON RENEWAL OF MANDATE FOR UN HUMAN

C O N F I D E N T I A L KINSHASA 000281

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/21/2018
TAGS: PHUM PREL PGOV UN CG
SUBJECT: MBUSA SKEPTICAL ON RENEWAL OF MANDATE FOR UN HUMAN
RIGHTS INDEPENDENT EXPERT

REF: A. STATE 25700


B. KINSHASA 275

C. STATE 13331

D. KINSHASA 178

Classified By: A/DCM D. Brown for reasons 1.4 (b/d)

1.(C) Summary: Foreign Minister Mbusa Nyamwisi deflected a
follow-up demarche by the Ambassador March 18 for renewal of
the mandate of UN Human Rights Council Independent Expert
Titinga Frederic Pacere. Mbusa expressed dismay at Pacere's
criticism of the DRC, and opposition to extending his
mandate. He appeared receptive to the Ambassador's argument
that failure of the mandate could result in the creation of
an even less predictable mechanism. However, he strongly
implied that President Kabila's anger at Pacere would prevent
any DRC support for a new mandate. End Summary.


2. (C) Ambassador delivered a follow-up demarche to Foreign
Minister Mbusa Nyamwisi March 18 on renewal of the mandate of
UN Human Rights Council Independent Expert on the DRC Titinga
Frederic Pacere (refs A, B). The Ambassador was accompanied
by A/DCM and PolOff (notetaker); three Mbusa aides also sat
in.


3. (C) Embassy's initial demarche, delivered by PolOff
February 19 (refs C, D),had received a negative response
from International Organizations Director Oscar Matondo, who
cited infrequent visits of Titinga to DRC, the existence of
similar mechanisms in other UN institutions present in the
DRC, and an abundance of criticism and lack of solutions in
the Independent Expert's reports.


4. (C) With Mbusa, we emphasized that DRC support for a
renewal of the Expert's mandate would send a strong signal of
commitment to human rights, and asked if the DRC would
consider an extension incorporating a changed mandate
reflecting a greater focus on technical assistance. Mbusa
said he had received similar messages from the Belgian Prime
Minister and the UK and Italian Ambassadors, but cited a
generally negative tone to Pacere's reports. He complained
about what he described as false accusations against himself
and a lack of constructive proposals by the Independent
Expert. He said the DRC would most likely not support an
extension of the mandate nor of Pacere as Independent Expert.



5. (C) The Ambassador pointed out that if the DRC did not
support the mandate, the international community might end up
imposing a different mechanism with a less predictable agenda
and objectives. Mbusa appeared receptive to this argument,
and responded favorably to Ambassador,s proposal of a
possible delay of the vote in Geneva to enable further
discussion of possibly retaining the mandate with amendments.


6.(C) Mbusa said the president was the final authority on the
question, implying strongly that Pacere's reports had angered
Kabila. He said he would raise the issue at the presidency.
He was not optimistic of a change in position, but
acknowledged the possibility of DRC support for a modified
mandate and replacement of Pacere.

7.(C) Comment: Mbusa and Kabila remain allies of
convenience. Whether he is prepared to risk political
capital to raise the issue with the president remains an open
question. End Comment.
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