DRC- INSTRUCTIONS FOR DRC EXPERTS MEETING ON FDLR

UNCLAS STATE 023123

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL PHUM CG AZ ZF
SUBJECT: DRC- INSTRUCTIONS FOR DRC EXPERTS MEETING ON FDLR
RESOLUTION



1. Action Request: USUN is instructed to seek the changes
in paragraph 2
on the draft resolution on the Forces Democratiques de
Liberation du Rwanda (FDLR) (draft text provided in
paragraph 4). USUN may draw from the talking points in
paragraph 3 in its efforts to secure the changes. If
the changes to PP6, OP6, and OP9 are obtained, USUN should
co-sponsor the text. End Action Request.


2. TEXT CHANGES:

-- PP 6: The United States cannot support PP 6, as currently
drafted. USUN should press for its
deletion in its entirety. At a minimum, the U.S. must seek
deletion of the specific reference to Laurent
Nkunda; such a reference undermines U.S. efforts to engage
Nkunda in the fragile Goma peace process.
Reference to Nkunda is a red line issue for the Department;
if it is not deleted, the U.S. cannot support this
resolution. As a fall back, only if it is impossible to
delete PP6, USUN is authorized to support a revised PP6
underscoring support for the Nairobi Communique, the Ngordoto
Agreement, and the Goma Agreement as important steps toward
lasting peace.

-- OP 5: USUN should seek the following change: "Stresses
that measures are applicable..." should be changed to
"Stresses that the measures described in paragraph 4 above
are applicable..." In an early draft, OP5 was a part of OP4.
The U.S. has no problem with the separation into two
paragraphs, but we need to be specific about the measures to
which the Council is referring.

-- OP 6: USUN should seek the following change: "all foreign
and Congolese armed groups and militias in the Democratic
Republic of the Congo..." should be changed to "to the FDLR,
ex-FAR/Interahamwe, and other Rwandan armed groups
in the Democratic Republic of the Congo..." As currently
written, the language may be interpreted to include
FARDC forces. Inclusion of the FARDC forces is not the
purpose of the Resolution and the Council has established
specific exemptions for arms transfers to the FARDC. The
focus of this resolution is on the FDLR, ex-FAR/Interahamwe,
and other Rwandan armed groups. If USUN is unable to secure
our first alternative, USUN may propose:
"to all foreign armed groups and Congolese militias..." This
language comes from UNSCR 1649.

-- OP 9: USUN should seek deletion of OP9. This resolution
is about the FDLR, ex-FAR/Interahamwe, and
other Rwandan armed groups. These groups have not signed the
Goma Agreement, so the reference to Goma does
not make sense and should be removed. If USUN is unable to
secure the deletion of OP9, USUN may accept the
paragraph if it also refers to the Nairobi Communique, the
Ngordoto Agreement, and the Goma Agreement. The paragraph
should not refer to the Goma Agreement alone.


3. USUN may draw from the following talking points to
support its efforts to secure the above changes.

Begin points:

-- We thank the French government for its efforts to bring
forward an important resolution in line with the
Nairobi Communique. However, we have several problems with
the draft resolution as it is currently written. We
hope to work with all the delegations to put forward a text
we can all support.

-- The United States cannot support Preambular Paragraph 6.
The Nairobi Communique requests the Security Council
adopt a resolution to pressure the FDLR, ex-FAR/Interahamwe,
and other Rwandan armed groups operating in the Democratic
Republic of the Congo (DRC) to lay down their arms. This
paragraph has nothing to do with the FDLR, ex-FAR/Interahamwe
or other Rwandan armed groups, but focuses on "other armed
groups and militias." At present a fragile peace process is
underway following the recent Goma Agreement involving
Congolese armed groups operating in North and South Kivu. To
include these groups in this resolution threatens to
undermine that peace process.

-- The United States and our partners in the region are
trying very hard to implement the Goma Agreement, and
worked very hard to secure the cooperation of Laurent Nkunda
and others in that Agreement. The reference to
Laurent Nkunda or other signatories of the Goma Agreement
would be interpreted by them as an insult from the UNSC
despite their willingness to take the first step to end the
ongoing crisis in the eastern DRC by signing the
Agreement. Inclusion of this language could even lead Nkunda
and others to withdraw from the Agreement, further
destabilizing the region. Therefore, the United States
cannot support this resolution with references to Nkunda
and other armed groups who have signed the Goma Agreement.

-- The FDLR is the largest of the foreign armed groups in the
eastern DRC who have yet to sign the Goma Agreement.
The purpose of this resolution is to persuade the FDLR,
ex-FAR/Interahamwe and other Rwandan armed groups
operating in the DRC to lay down their arms. We should stay
focused on the goal of this resolution. We feel
references to other armed groups have been sufficiently
covered in previous UNSC resolutions.

-- On OP6, the United States does not believe the phrase "all
foreign and Congolese armed groups and militias operating
in the DRC" accurately targets those we wish to single out.
The way it is currently written could be interpreted
to include FARDC forces. Not only is that not the purpose of
this resolution, but the Council has established
exemptions for arms transfers to the FARDC. We propose
replacing this with "to the FDLR, ex-FAR/Interahamwe, and
other Rwandan armed groups in the DRC," who are the focus of
this resolution.

-- The United States also cannot support OP 9. Again, the
purpose of this resolution is to get the FDLR,
ex-FAR/Interahamwe, and other Rwandan armed groups to disarm.
These groups have not signed the Goma Agreement.
Therefore, it makes no sense for the Security Council to
express in this resolution its intention to monitor the
implementation of the Goma commitments.

end points


4. The following is the complete text of the resolution.
USUN should press for the changes listed in paragraph 2.

Begin text:

The Security Council,

Recalling its previous resolutions, in particular resolutions
1649 (2005),1771 (2007),1794 (2007) and 1797
(2008),and the statements by its President concerning the
Democratic Republic of the Congo and the Great Lakes
region,

Reaffirming its commitment to the sovereignty, territorial
integrity and political independence of the Democratic
Republic of the Congo and the Republic of Rwanda as well as
all States in the region,

Recognizing that the continued presence of the Forces
d,mocratiques de liberation du Rwanda (FDLR),ex-Rwandan
Armed Forces (ex-FAR)/Interahamwe, and other Rwandan armed
groups operating in the eastern Democratic Republic of the
Congo continues to pose a serious threat to the peace and
security of the entire Great Lakes region,

Recognizing the commitment and sustained efforts of the
Democratic Republic of the Congo, the Republic of Rwanda,
other countries of the region and their international
partners to solve their common security concerns and
achieve and sustain regional peace and stability, as
expressed in particular in the joint communiqu, of the
Governments of the Democratic Republic of the Congo and the
Republic of Rwanda signed in Nairobi on 9 November
2007 ("the Nairobi communiqu,") and the Conclusions of the
high-level meeting of the Tripartite Plus Joint Commission
held in Addis Ababa on 4 and 5 December 2007,

Welcoming the decision of the Government of the Democratic of
the Congo to hold a meeting in Kisangani to address the
issue of the presence of FDLR, ex-FAR/Interahamwe and other
Rwandan armed groups in the Democratic Republic of
the Congo,

Expressing also its grave concern at the continued presence
of other armed groups and militias in the eastern
part of the Democratic Republic of the Congo, in particular
the dissident militia of Laurent Nkunda, which
perpetuate a climate of insecurity in the whole region,
underscoring that the statements of commitment (Actes
d'engagement) signed in Goma on 23 January 2008, together
with the Nairobi communiqu,, represent a major step
towards the restoration of lasting peace and stability in the
Great Lakes region, and calling on the signatories to
the Goma statements of commitment to implement them fully,


1. Calls on all members of the FDLR, ex-FAR/Interahamwe, and
other Rwandan armed groups operating in the eastern
Democratic Republic of the Congo to immediately lay down
their arms and to present themselves to Congolese authorities
and the United Organization Mission in the Democratic
Republic of the Congo (MONUC) for their disarmament,
demobilization, repatriation, resettlement and reintegration
(DDRRR);


2. Recalls MONUC's mandate to facilitate the voluntary
demobilization and repatriation of disarmed foreign
combatants and their dependence, and to use all necessary
means, within the limits of its capacity and in the areas
where its units are deployed, to support operations led by
the FARDC integrated brigades with a view to disarming the
recalcitrant armed groups in order to ensure their
participation in the disarmament, demobilization,
repatriation, resettlement and reintegration process;


3. Encourages the Governments of the Democratic Republic of
the Congo and the Republic of Rwanda to intensify their
cooperation to implement their commitments under the Nairobi
communiqu,, in particular with a view to creating the
conditions conducive to the repatriation of demobilized
combatants;


4. Recalls that the targeted measures including a travel ban
and an asset freeze imposed by paragraphs 13
and 15 of resolution 1596 (2005) were extended by resolutions
1649 (2005) and 1698 (2006) to apply in
particular to political and military leaders of armed groups
operating in the Democratic Republic of the Congo
who impede the disarmament and the voluntary repatriation or
resettlement of combatants belonging to those groups;


5. Stresses that such measures are applicable to leaders of
the FDLR, ex-FAR/Interahamwe and other Rwandan
armed groups designated in accordance with the provisions of
those resolutions, and expresses its intention to
review these measures with a view to expanding their
applicability, as appropriate, to other members of or
persons providing support to the FDLR, ex-FAR/Interahamwe or
other Rwandan armed groups operating in the territory
of the Democratic Republic of the Congo;


6. Stresses that the arms embargo imposed by resolution 1493
(2003),as expanded by resolution 1596 (2005),prohibits the
provision of arms and any related materiel or technical
training and assistance to all foreign and Congolese armed
groups and militias in the Democratic Republic of the Congo,
including the FDLR, ex-FAR/Interahamwe, and other Rwandan
armed groups;


7. Calls upon Member States to take the necessary measures to
prevent the provision by their nationals or
from their territories of any financial, technical or other
forms of support to or for the benefit of the FDLR,
ex-FAR/Interahamwe or other Rwandan armed groups operating in
the territory of the Democratic Republic of the Congo;


8. Reiterates its call on all States to cooperate fully with
the International Criminal Tribunal for Rwanda;


9. Expresses its intention to also continue to monitor
closely the implementation of the Goma commitments;


10. Decides to remain actively seized of the matter.

end text
RICE