DEMARCHE REQUEST: SUPPORT FOR THE MANDATE OF THE

C O N F I D E N T I A L STATE 013331

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/08/2018
TAGS: PHUM UNHRC CG
SUBJECT: DEMARCHE REQUEST: SUPPORT FOR THE MANDATE OF THE
INDEPENDENT EXPERT ON THE DEMOCRATIC REPUBLIC OF CONGO
(DRC) IN THE HRC

REF: A. A. 07 GENEVA 2373


B. B. 07 GENEVA 2626

Classified By: DAS Barks-Ruggles under E.O. 12958, 1.4(b) and (d).


1. (U) This is an action request. Please see paragraph 4.


2. (SBU) SUMMARY: The seventh regular session of the UN
Human Rights Council (HRC) (March 3-28, 2008) will continue
addressing the role of country specific mandates in the HRC.
Since the elimination of the special mandates on Cuba and
Belarus in the HRC last summer, negative sentiment toward
country mandates has grown, and discussion over what to do
about existing Special Rapporteurs, even in situations where
the mandate is aimed at technical assistance, remains
contentious. The U.S. believes that the HRC should resist
the erosion of one of the most significant protective
mechanisms in its arsenal. In order to maintain and protect
the mandate of the Independent Expert on the DRC, we ask that
post reach out to the government of the DRC, if possible
jointly with the UK or French representative in Kinshasa, to
urge it to express its support for continuation of the
mandate to the HRC President and to Africa Group countries
and to send a high level official to attend the March HRC
session to support the mandate. END SUMMARY.



3. (C) BACKGROUND: Mr. Titinga Frederic Pacere (of Burkina
Faso) has been the Independent Expert on the DRC since 2004.
To date, the government of the DRC has cooperated with the
mandate and has been open to Mr. Pacere's recommendations.
According to the Independent Expert's report to the Council
in December of 2007, there is cause for alarm about
developments in the country including a flawed justice system
that allows for impunity and sexual violence. While there is
still much to be done, evidence suggests that the government
of the DRC is attempting to address concerns raised by the
Independent Expert. The U.S. feels strongly that
preservation of the special mandate for the DRC will
contribute to the country's continuing development and
promotion of human rights, and will be a conduit for
technical and other human rights-related assistance to the
DCR. See reftel for an account of machinations last fall in
Geneva by which Egypt and other African delegations had
previously hindered extension of the DRC mandate in hopes of
working against renewal of the HRC's Sudan mandate (which was
ultimately renewed in December).


4. (SBU) ACTION REQUEST: Post is requested to contact host
government at an appropriately senior level, if possible
jointly with the UK and/or French representative in Kinshasa,
and encourage the government of the DRC to send a
senior-level official to the March HRC session in order to
inform HRC Member States that the government of the DRC finds
the Independent Expert useful, and wants to protect this
Mandate, albeit modified to focus more heavily on technical
assistance. Post may assure host government that the USG
stands ready to assist in Geneva in any way that may be
helpful in crafting a mandate which will assist the country.



5. (U) Point of Contact: Please contact DRL/MLGA's Melike
Yetken (202-647-3031) or Sylvia Hammond (202-647-2286) with
any questions.
RICE