UN/DRC SANCTIONS: COUNCIL REVIEWS SANCTIONS REGIME

C O N F I D E N T I A L USUN NEW YORK 000141

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/13/2018
TAGS: DRC PREL UNSC PGOV ETTC
SUBJECT: UN/DRC SANCTIONS: COUNCIL REVIEWS SANCTIONS REGIME


Classified By: MINISTER-COUNSELOR JEFF DELAURENTIS, FOR REASONS 1.4 (B)
AND (D).

COUNCIL REVIEWS REPORT ON SANCTIONS IMPLEMENTATION

1. (C) GUIDANCE REQUEST: USUN seeks Department position on
developing a list of names for targeted sanctions in the DRC
Sanctions Committee.


2. (C) SUMMARY AND GUIDANCE REQUEST: The Security Council met
on February 13 to review the sanctions regime concerning the
Democratic Republic of the Congo before its expiration on
February 15, and all delegations expressed support for the
French draft resolution that will extend the sanctions until
March 31. The French intend to rewrite the regime in the
interim to refine its more cumbersome elements and clarify
its focus on targeting militias. The DRC Sanctions Committee
also met on February 8, in advance of the Council's
consultations, to discuss the Group of Experts's report on
the implementation of the sanctions. The Group found that
illegal armed groups operating in Eastern Congo continued to
easily acquire arms, despite the arms embargo, and suggested
a number of rebels for targeted sanctions. The UK expressed
privately to USUN its interest in moving forward on targeted
sanctions on FDLR elements. DPKO also briefed the Committee
on the GDRC's resistance to coordinating incoming shipments
of arms with MONUC. END SUMMARY.

COUNCIL CONSULTATIONS ON THE SANCTIONS


3. (C) The Security Council met on February 13 to review of
the sanctions regime concerning the Democratic Republic of
the Congo (DRC) in advance of the expiration of the sanctions
and the mandate of the Group of Experts on February 15.
There was general agreement that, though there had been
progress in recent weeks, the security situation in eastern
Congo remained fragile and sanctions continued to play a
valuable role in the international community's efforts to
encourage stability. The French delegation indicated it
would redraft the sanctions regime to clarify its focus on
denying arms to militias, rather than on the Government of
the DRC (GDRC). USUN, China, Belgium, and Burkina Faso all
said that the sanctions should support the Government of the
DRC in consolidating peace.


4. (C) Costa Rica, Croatia and Panama also argued that the
DRC Sanctions Committee should address the recruitment of
children into conflict, which the Group of Experts raised in
its report. (Note: In past DRC Sanctions Committee meetings,
Russia and South Africa have insisted that any discussion of
recruitment of children falls outside of the Committee's
mandate and should be addressed by the Working Group on
Children and Armed Conflict. End note.)

SANCTIONS COMMITTEE DISCUSSES THE GROUP'S REPORT


5. (C) The DRC Sanctions Committee met informally on February
8 to discuss the Group's report, which covered the period of
November 2007 to January 2008. The Group, which serves as
the Committee's investigative body on the ground, found that
illegal armed groups in eastern Congo--of which FDLR and CNDP
continued to pose the greatest threat to stability--also
continued to receive arms, either via smuggling networks or,
in the case of the FDLR, from individual FARDC elements.
These groups financed their activities by taxing or directly
producing agricultural or mineral products, and by taxing
travelers at roadblocks. The Group considered that all
mineral output originating in eastern Congo necessarily
included minerals from deposits controlled or taxed by these
illegal armed groups. The Group also suggested a number of
rebels for targeted sanctions for their violations of the
arms embargo and recruitment of children into conflict (see
list in paras 8 and 9).


6. (C) USUN noted that the GDRC's persistent lack of capacity
continued to hinder its implementation the arms embargo in
the east, and encouraged the Panel to continue collecting
evidence for targeted sanctions on individuals and entities
that have violated the sanctions regime. The UK noted that
the sanctions on Uganda Commercial Impex and Machanga--two
gold trading companies found by the Committee to be
supporting illegal armed groups in eastern Congo--had been
effective in ceasing their operations, but also expressed
surprise that banking authorities in Kinshasa did not have
the list of individuals and entities designated for
sanctions. (This list is available on the Committee's
website.) China noted the importance the government's

support to effective sanctions implementation.


7. (C) A representative from the UN Department of
Peacekeeping Operations (DPKO) also briefed, noting that
MONUC had made a number of efforts to improve its embargo
monitoring capability. However, MONUC continued to encounter
resistance from the GDRC in notifying it of incoming
shipments of arms and it has prevented MONUC from carrying
out embargo inspections at airstrips and customs points. The
Group confirmed that the GDRC has stated officially that the
sanctions should be lifted, but noted that some DRC
authorities also recognized the government's inability to
control the situation in the east. The Group added that
these same authorities gave no consideration to the fact that
the FARDC is still a major conduit of arms to armed groups.
Committee members agreed to establish better communication
with the Congolese Mission to underline that the Council's
measures are intended to support the GDRC in extending its
authority throughout the country.


8. (C) The Group recommended for targeted sanctions the
following individuals for belonging to an illegal armed group:
- Juma Ngilinshuti, External Relations Commissioner, FDLR-FOCA
- Callixte Mbarushimana, Executive Secretary, FDLR-FOCA
- Stanislas Nzeyimana, Deputy Commander, FDLR-FOCA
- Pacifique Ntawunguka, North Kivu Commander, FDLR-FOCA
- Leopold Mujyambere, South Kivu Commander, FDLR-FOCA
- Sikuli Lafontaine, Leader, PARECO
- Jean Damascene Ndibabaje (AKA: Musare),Commander of
RUD-Urunana
- Venant Bisoko, commander, Moranvia Group
- Michel Rukunda, commander, Moranvia Group


9. (C) The Group recommended for targeted sanctions the
following individuals for belonging to an illegal armed group
and for recruiting and using children in conflict:
- Innocent Kakundi, brigade commander, CNDP
- Saltani Makenga, brigade commander, CNDP
- Claude Micho, brigade commander, CNDP
- Wilson Sengiyumva, brigade commander, CNDP
- Faustin Muhindo, brigade commander, CNDP


10. (C) The Group expressed privately that although Kakundi
and Makenga belonged to CNDP, which had signed the Actes
d,Engagement, the Committee could still target them for
their child recruitment activities. In a separate private
conversation with the UK, France and Belgium, the UK
expressed its willingness to move forward with targeted
sanctions on FDLR members, and noted that London would begin
developing cases to submit to the Committee for sanctions.
WOLFF