Identifier
Created
Classification
Origin
08STATE24749
2008-03-10 18:20:00
UNCLASSIFIED
Secretary of State
Cable title:  

DRC-- INSTRUCTION CABLE ON FDLR RESOLUTION FOR

Tags:  UNSC PREL PHUM CG XA ZF 
pdf how-to read a cable
VZCZCXYZ0008
OO RUEHWEB

DE RUEHC #4749 0701827
ZNR UUUUU ZZH
O P 101820Z MAR 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHLGB/AMEMBASSY KIGALI PRIORITY 0000
RUEHKI/AMEMBASSY KINSHASA PRIORITY 0000
RUEHFR/AMEMBASSY PARIS PRIORITY 0000
UNCLAS STATE 024749 

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL PHUM CG XA ZF
SUBJECT: DRC-- INSTRUCTION CABLE ON FDLR RESOLUTION FOR
MARCH 10 CONSULTATIONS

UNCLAS STATE 024749

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL PHUM CG XA ZF
SUBJECT: DRC-- INSTRUCTION CABLE ON FDLR RESOLUTION FOR
MARCH 10 CONSULTATIONS


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) Revision
1 (draft text provided in paragraph 4). USUN may
draw from the talking points in paragraph 3 in its efforts to
secure the changes. If all substantive changes are
obtained, USUN should co-sponsor the text. End Action
Request.


2. TEXT CHANGES:

-- PP5: We see little value added by this paragraph. It
takes the focus off the purpose of this resolution and
should be deleted. Resolution 1325 concerns are addressed in
PP4 and OP1 ter. Resolution 1612 concerns are
addressed in OP1 bis. That being said, the U.S. can live
with the paragraph if other delegations feel strongly
about it.

-- PP9: The Department appreciates USUN's efforts to remove
language in the paragraph about Laurent Nkunda.
This continues to be a redline for the Department, and USUN
should fight any efforts to reinsert it.

PP9: USUN should push for the deletion of PP9. Our fall back
position is to delete the last two phrases of the
paragraph, "underscoring that the statements of commitment,"
and "calling on the signatories to the Goma
statements of commitment to implement them fully." We want
to avoid any references to Goma in this resolution.
This resolution is about the FDLR and other Rwandan armed
groups. These groups have not signed the Goma Agreement
so references to it are unnecessary. If, and only if, we
cannot get deletion of this language, we can offer the
following alternative: Leave in the middle phrase
("underscoring") and change final phrase to "Calling on the
signatories to the Goma statements of commitment to take
immediate action in support thereof."

-- OP1 ter: Delete "Calls" replace with "Demands."

-- OP1 ter: Delete "to take special measures to protect women
and girls from gender-based violence," and replace
with "to immediately stop all forms of gender-based violence,"

-- OP5: Push to have the previous iteration of OP5 in the
zero draft reinstated. We have several problems with the
paragraph as it is currently written. One, we do not support
the change of "undertakes to consider." The

original language of "expresses its intention to review these
measures with a view to expanding..." is stronger.
Further, we cannot accept the insertion of "including
political guidance," which comes too close to infringing on
the right of free speech and raises U.S. Constitutional
concerns. This is a redline and must be deleted.

-- OP5 bis: Delete entire paragraph. The statement is too
broad. The Sanctions Committee needs to retain some
flexibility for sanction decisions. Suggest adding "and
taking into consideration participation in DDRRR"
after "as appropriate" in OP5 as an alternative.

-- OP6: Insert "illegal" before "Congolese militias".

-- OP7: We need to return to the original language. In other
words, delete "political support" replace with
"other forms of support." Again, this is too close to
infringing on 1st Amendment concerns. We cannot accept
this. This is a redline. However, we do want to retain the
paragraph and do not support its deletion.

-- OP9: 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.


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

Begin points:

-- PP5: We see little value added to this paragraph. In
fact, it takes our focus off the core issue at hand. We
have already incorporated 1325 concerns in PP4 and OP1 ter
and 1612 concerns in OP1 bis. We do not believe this
paragraph is necessary.

-- PP9: (Only if there is an attempt to reinsert Nkunda
reference) The United States cannot support this
resolution if it contains a reference to Laurent Nkunda. 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.

-- PP9: The objective of this resolution is to persuade the
FDLR, ex-FAR/Interahamwe, and other Rwandan
armed groups in the DRC to disarm. None of these groups has
signed the Goma Agreement. References to the Goma
Agreement here are completely out of context and take our
focus off the goal of the resolution. The Council has
already adopted a PRST on the Goma Agreement, and we can deal
with it again in the future if need be. Let's stay
focused on the purpose of this resolution.

-- (If we are unsuccessful in removing the references to Goma
in the para) If we must focus on the Goma Agreement, it
is more effective to urge immediate action by the principal
parties to the document (Government of the DRC and
participating armed groups) than to make general statements.

-- OP1: We feel it is a little unusual to call on the
perpetrators of gender-based violence to protect the
victims. Demanding these groups stop perpetrating
gender-based violence is more appropriate.

-- OP5: We have several problems with this paragraph as it is
currently written and would like to return to the zero
draft. First, we feel "undertakes to consider" is too weak.
The original version is much better. Secondly, "political
guidance" is too vague and it raises concerns regarding
freedom of speech and expression. Providing
"assistance" or "support" is general enough and, as
appropriate, the Council can define what forms of support
are sanctionable when it decides to expand the sanctions.

-- OP5 bis: This paragraph is too categorical and takes too
much discretion away from the Sanctions Committee about
whom it can sanction. The Sanctions Committee needs to
retain some flexibility for sanction decisions. We
suggest adding "and taking into consideration participation
in DDRRR" after "as appropriate" in OP5 as
an alternative.

-- OP7: We need to return to the original language in the
zero text. Political support runs afoul of our First
Amendment concerns. If it is left as "other support" states
could decide for themselves which acts are covered.

-- OP9: The United States also cannot support this paragraph.
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 FDLR Resolution
Rev. 1. USUN should press for the changes
listed in paragraph 2.

Begin text:

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),(RUD-Unana)
ex-Rwandan Armed Forces (ex-FAR)/Interahamwe, and other
Rwandan armed groups (referred to in the Nairobi
Communiqu,) 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,

(Deploring the persistence of violations of human rights and
international humanitarian law carried out by the
FDLR, ex-FAR/Interahamwe, and other Rwandan armed groups
operating in the eastern Democratic Republic of the Congo,
condemning in particular sexual violence perpetrated by those
groups,)

(Recalling its resolution 1325 (2000) on women, peace and
security, its resolution 1612 (2005) on children in armed
conflict and the subsequent conclusions of the Security
Council Working Group on Children And Armed Conflict
pertaining to parties in the armed conflict of the Democratic
Republic of Congo (S/AC.51/2007/17),)

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,

Recalling the signing in Nairobi on 15 December 2006 of the
Pact on Security, Stability and Development in the
Great Lakes Region, and underscoring the commitments not to
support rebel armed groups and to cooperate with a view
to disarming and dismantling existing rebel armed groups,

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

(1bis. Demands also that the FDLR, ex-FAR/Interahamwe, and
other Rwandan armed groups operating in the eastern
Democratic Republic of the Congo immediately stop recruiting
and using children and release all children
associated with them; )

(1ter. Calls on the FDLR, ex-FAR/Interahamwe, and other
Rwandan armed groups operating in the eastern Democratic
Republic of the Congo to take special measures to protect
women and girls from gender-based violence, particularly
rape and other forms of sexual abuse, and all other forms of
violence; )


2. Recalls MONUC's mandate to facilitate the voluntary
demobilization and repatriation of disarmed foreign
combatants and their dependents, 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. Calls upon 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 the measures described in paragraph 4 above
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 undertakes to consider to expanding their
applicability, as appropriate, to other members of the
FDLR, ex-FAR/Interahamwe or other Rwandan armed groups
operating in the territory of the Democratic Republic of
the Congo or to persons providing assistance, including
political guidance, to them;

5bis. Notes that the measures described in paragraph 4 above
are note intended to apply to those
presenting themselves to Congolese authorities and the United
Nations Organization Mission in the Democratic Republic
of the Congo (MONUC),voluntarily and without preconditions,
for their disarmament, demobilization,
repatriation, resettlement and reintegration (DDRRR);


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 armed
groups and Congolese 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
political 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 intensify cooperation
with and render all necessary assistance to
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