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