DRC-- INSTRUCTION CABLE ON FDLR RESOLUTION FOR

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