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