Identifier
Created
Classification
Origin
09STATE16194
2009-02-21 00:34:00
CONFIDENTIAL
Secretary of State
Cable title:  

UNSC DRC SANCTIONS COMMITTEE - DESIGNATION OF

Tags:  EFIN ETTC KTFN PREL PTER ZF UNSC 
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VZCZCXYZ0009
OO RUEHWEB

DE RUEHC #6194 0520051
ZNY CCCCC ZZH
O R 210034Z FEB 09
FM SECSTATE WASHDC
TO RUEHLGB/AMEMBASSY KIGALI IMMEDIATE 0000
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHBS/AMEMBASSY BRUSSELS 0000
RUEHLO/AMEMBASSY LONDON 0000
RUEHFR/AMEMBASSY PARIS 0000
RUEATRS/TREASURY DEPT WASHINGTON DC 0000
RHEHNSC/NSC WASHINGTON DC 0000
C O N F I D E N T I A L STATE 016194 

SENSITIVE
SIPDIS

E.O. 12958: DECL: 02/02/2034
TAGS: EFIN ETTC KTFN PREL PTER ZF UNSC
SUBJECT: UNSC DRC SANCTIONS COMMITTEE - DESIGNATION OF
FDLR LEADERS

REF: A. USUN 148

B. KIGALI 54

C. STATE 3354

D. KIGALI 25

E. STATE 731

F. 08 STATE 131896

G. 08 PARIS 1695

H. 08 USUN 808

I. 08 BRUSSELS 1346

J. 08 LONDON 2196

K. 08 STATE 90905

L. 08 KIGALI 568

M. 08 STATE 86006

N. 08 PARIS 1100

O. 08 STATE 60880

Classified By: IO ACTING A/S WARLICK FOR REASONS 1.4 (B) & (D)

C O N F I D E N T I A L STATE 016194

SENSITIVE
SIPDIS

E.O. 12958: DECL: 02/02/2034
TAGS: EFIN ETTC KTFN PREL PTER ZF UNSC
SUBJECT: UNSC DRC SANCTIONS COMMITTEE - DESIGNATION OF
FDLR LEADERS

REF: A. USUN 148

B. KIGALI 54

C. STATE 3354

D. KIGALI 25

E. STATE 731

F. 08 STATE 131896

G. 08 PARIS 1695

H. 08 USUN 808

I. 08 BRUSSELS 1346

J. 08 LONDON 2196

K. 08 STATE 90905

L. 08 KIGALI 568

M. 08 STATE 86006

N. 08 PARIS 1100

O. 08 STATE 60880

Classified By: IO ACTING A/S WARLICK FOR REASONS 1.4 (B) & (D)


1. (U) This is an action request. Please see paras 3 and 4.

--------------
STRATEGIC OBJECTIVE
--------------

2. (SBU) The United States wishes to join the UK, France, and
Belgium on Monday, 23 February 2009 in submitting the request
to the UN Security Council Committee established pursuant to
resolution 1533 (2004) concerning the Democratic Republic of
the Congo ("the DRC Committee") to list four individuals
linked to the Forces Democratiques de Liberation du Rwanda
("FDLR"). Once listed, these four individuals will be
subject to an asset freeze and travel ban.

--------------
ACTION REQUEST
--------------

3. (U) USUN may inform UK, French, and Belgian Missions that
we would be agreeable to joining them in submitting the four
FDLR leaders (Statements of Case in para 10) to the DRC
Committee for designation on Monday, 23 February 2009. We
have discovered some of the aliases in the earlier version of
the SOCs to be erroneous, and these aliases cannot be
included in the SOCs. USUN is also to inform the Secretariat
that we change our temporary "hold" on the Rwandan May 2008
submission (S/AC.43/2008/NOTE.13) to a permanent "block" due
to inadequate identifiers in the 2008 submission. (Rwanda
will need to provide the required information for any
subsequent submissions per para 4 below.)


4. (U) Embassy Kigali is requested to inform the Government
of Rwanda (GOR) that its UN Mission in New York expressed
concerns about presenting the revised Statements of Case
(SOCs) (reftel A),which had been previously discussed and

agreed in Kigali (reftel B and D). We planned to cosponsor
the Rwandan designation of these four FDLR leaders. However,
in the interest of taking action against the FDLR, we will
block the Rwandan May 2008 submission and will join other
governments in submitting the four names to the DRC Committee
for designation. The GOR may inform the Secretariat if it
wishes to cosponsor this submission. If the GOR would like
additional individuals/entities listed in the DRC Committee,
we encourage them to submit the information required for
listings, including bio-identifiers and justification for
listing (see paras 12 and 13). Post may draw on the points
in para 11 for discussions with the GOR.

--------------
BACKGROUND
--------------

5. (SBU) In May 2008, the Government of Rwanda requested that
the UN Security Council DRC Sanctions Committee list nineteen
individuals linked to the FDLR. The GOR submission was
twelve pages long, and it was clearly resource-intensive to
produce. However, the submission was not fully supported by
complete identification information ("bio-identifiers") for
each individual and information demonstrating that each
individual meets the listing criteria. This information is
necessary in order to ensure that individual designations are
appropriately made and implemented through fair and clear
procedures. Therefore, U.S., UK, Belgium, and France placed
holds on the entire GOR submission.


6. (SBU) The United States thanked the GOR for its
extraordinary effort and expressed a desire to work with the
GOR to list as many of the individuals as possible. To meet
the evidentiary requirements to implement sanctions, the
United States asked the GOR to provide additional
identification information. Since May 2008, the USG has
worked to develop "evidentiary packages" (the compilation of
the bio-identifiers and information demonstrating that each
individual meets the listing criteria) for the individuals,
and during this process we found information to supplement
the bio-identifiers provided by the GOR. We also discovered
that some of the aliases provided were erroneous (para 10).
By December 2008, the United States was able to agree to the
DRC Committee listing the four individuals from the GOR
submission listed in para 9, and had shared information in
New York and in capitals on the four individuals with a view
to jointly lifting the holds.


7. (SBU) Given events in the DRC, allies have been anxious to
take action as soon as possible (reftels G, H, I, and J),and
we share this urgency to move forward on this listing.
However, it is important for countries in the region to make
listing proposals so that sanctions are not viewed as a tool
of the U.S., UK, and France alone. Therefore, Embassy Kigali
provided the GOR with the revised SOCs on 17 January, with
the hope that the Rwandan UN Mission would submit the revised
SOCs to the DRC Committee (reftel C). Rwandan Special Envoy
for the Great Lakes (and former Rwandan Perm Rep to the UN)
Ambassador Joseph Mutaboba did not foresee any problem with
the
Government of Rwanda resubmitting the four names to the UNSC
DRC Sanctions Committee (reftel D). Mutaboba said he would
contact the Rwandan Mission in New York and suggested USUN do
so as well. USUN provided the Rwandan Mission with the
revised SOCs. However, it was clear the Rwandan Mission had
not received instructions from Kigali to submit the revised
SOCs. Embassy Kigali followed up with the Rwandan MFA, and
understood that Kigali would send the Rwandan Mission
instructions (reftel B).


8. (C) On February 11, the Rwandan Mission told USUN that
Rwanda had no intention of resubmitting the names (reftel A).
The Rwandan Mission said that they were at the mercy of the
United States, since the United States was the only state
that had a problem with their prior submission, so they are
waiting for instructions from the United States UNSC
sanctions committees operate by consensus and their meetings
are closed, so the United States cannot inform the GOR that
the UK, France, and Belgium also placed holds on the GOR
submission. Given the Rwandan Mission's position, we will
change our temporary hold on the GOR May 2008 submission to a
permanent block, while continuing to consider the other names
presented by the GOR for possible listing in the DRC
Committee.

--------------
INDIVIDUALS
--------------

9. (U) Names

(1) MBARUSHIMANA, Callixte
(2) NTAWUNGUKA, Pacifique
(3) MUJYAMBERE, Leopold
(4) NZEYIMANA, Stanislas

--------------
STATEMENTS OF CASE
--------------

10. Statements of Case to be provided to the DRC Committee:

(1) MBARUSHIMANA, Callixte
AKA: -
Title: FDLR Executive Secretary
DOB: 24 July 1963
POB: Ndusu/Ruhengeri, Northern Province, Rwanda
POB: Ruhengeri Province, Rwanda
Nationality: Rwandan
Location: Paris or Thiais, France
Designation Justification: Callixte Mbarushimana is a
political leader of a foreign armed group operating in the
Democratic Republic of the Congo that impedes the
disarmament, repatriation, or resettlement of combatants, in
violation of UNSCR 1857 (2008) OP 4 (b).

- Nzabonimana, Eprem Kiloto, Bwarayaze, and Bangamwaze are
NOT aliases for Callixte Mbarushimana.
- Mbarushimana was arrested in Germany in 2008, but he was
released by German authorities on 4 November 2008. He should
NOT be listed as located as "imprisoned in
Germany."


(2) NTAWUNGUKA, Pacifique
AKA: NTAWUNGULA, Pacifique
AKA: Colonel Omega
AKA: Nzeri
AKA: Israel
Title: Commander of FDLR 1st Division
Title: Colonel
DOB: 01 January 1964
DOB: Est. 1964
POB: Gaseke, Gisenyi Province, Rwanda
Nationality: Rwandan
Location: Peti, Walikale - Masisi Border, DRC
Designation Justification: Pacifique Ntawunguka is a military
leader of a foreign armed group operating in the Democratic
Republic of the Congo that impedes the disarmament,
repatriation, or resettlement of combatants, in violation of
UNSCR 1857 (2008) OP 4 (b).
According to the 13 February 2008 UNSC DRC Sanctions
Committee,s Group of Experts report, girls recovered from
FDLR-FOCA had previously been abducted and sexually abused.
Since mid-2007, FDLR-FOCA, which previously recruited boys in
their mid to late teens, has been forcefully recruiting youth
from the age of 10 years. The youngest are then used as
escorts, and older children are deployed as soldiers on the
frontline, in violation of UNSCR 1807 (2008) OP 13 (d) and
(e).

- Ntawahunguka is NOT an alias for Pacifique Ntawunguka.
- We have an additional DOB potentially used by Ntawunguka:
Est. 1964


(3) MUJYAMBERE, Leopold
AKA: Ibrahim, Frere Petrus
AKA: Musenyeri
AKA: Achille
Title: Commander, FDLR CO 2nd Division
Title: Colonel
DOB: 17 March 1962
DOB: Est. 1966
POB: Kigali, Rwanda
Nationality: Rwandan
Location: Mwenga, South Kivu Province, DRC
Designation Justification: Leopold Mujyambere is a military
leader of a foreign armed group operating in the Democratic
Republic of the Congo that impedes the disarmament,
repatriation, or resettlement of combatants, in violation of
UNSCR 1857 (2008) OP 4 (b).
According to the 13 February 2008 UNSC DRC Sanctions
Committee,s Group of Experts report, girls recovered from
FDLR-FOCA had previously been abducted and sexually abused.
Since mid-2007, FDLR-FOCA, which previously recruited boys in
their mid to late teens, has been forcefully recruiting youth
from the age of 10 years. The youngest are then used as
escorts, and older children are deployed as soldiers on the
frontline, in violation of UNSCR 1807 (2008) OP 13 (d) and
(e).

- No issue with the aliases for Leopold Mujyambere.
- We have an additional DOB potentially used by Mujyambere:
17 March 1962


(4) NZEYIMANA, Stanislas
AKA: BIGARUKA IZABAYO, Deogratias
AKA: Bigarura
AKA: Bigaruka
AKA: Izabayo Deo
Title: Deputy Overall Commander FOCA
Title: Brigadier General
DOB: 01 January 1966
DOB: Est. 1967
DOB: alt. 28 August 1966
POB: Mugusa (Butare),Rwanda
Nationality: Rwandan
Location: Kalonge, Masisi, North Kivu, DRC
Location: Kibua, DRC
Designation Justification: Stanislas Nzeyimana is a military
leader of a foreign armed group operating in the Democratic
Republic of the Congo that impedes the disarmament,
repatriation, or resettlement of combatants, in violation of
UNSCR 1857 (2008) OP 4 (b).
According to the 13 February 2008 UNSC DRC Sanctions
Committee's Group of Experts report, girls recovered from
FDLR-FOCA had previously been abducted and sexually abused.
Since mid-2007, FDLR-FOCA, which previously recruited boys in
their mid to late teens, has been forcefully recruiting youth
from the age of 10 years. The youngest are then used as
escorts, and older children are deployed as soldiers on the
frontline, in violation of UNSCR 1807 (2008) OP 13 (d) and
(e).

- "Mateso" and "Jacques Izabayo" are NOT aliases for
Stanislas Nzeyimana
- "Deo" is NOT a single name alias
- We spell "Deo Gracias" as "Deogratias"
- We have additional DOBs potentially used by Nzeyimana: 01
January 1966 and Est. 1967


--------------
POINTS FOR DISCUSSION
--------------

11. (U) Posts may draw on the following points in discussions
with the Government of Rwanda:

-- The U.S. would like to thank the GOR again for its
extraordinary effort and wants to work with the GOR to list
as many of the individuals as possible.

-- In order to ensure UN sanctions are implemented in as fair
and transparent a manner as possible, each listing should be
supported by adequate identifying information and information
demonstrating that each individual meets the listing criteria.

-- The Government of Rwanda's submission was clearly the
result of much effort. However, some supporting information,
particularly bio-identifiers, required for effective
implementation of UN sanctions was not included.

-- The U.S. has developed additional identifier information
for four of the individuals (para 10) in the GOR's
submission. The U.S. will join other countries in submitting
these four FDLR leaders to the DRC Committee.

-- We had hoped to lift our hold on these four names from the
Rwandan submission and show our support for the listings by
cosponsoring the Rwandan listing.

--------------
BIO-IDENTIFIERS
--------------

12. (U) Identifiers Requested for Designations

For each target, we would like to compile the following types
of identifier data:
- Name
- Aliases and AKAs
- Passport number(s) and country of issuance
- Citizenship
- Date of Birth (ideally, a precise date; if not, the year of
birth)
- Place of birth
- Current location
- Professional title

--------------
UNSC DRC SANCTIONS COMMITTEE LISTING CRITERIA
--------------

13. (U) Individuals or entities proposed for listing must
meet one or more of the listing criteria from operative
paragraph 4 of UNSC Resolution 1857 (2008):
a) Persons or entities acting in violation of the
measures on arms embargo with respect to non-governmental
entities and individuals in the Democratic Republic of the
Congo (DRC);
b) Political and military leaders of foreign armed
groups operating in the DRC who impede the disarmament and
the voluntary repatriation or resettlement of combatants
belonging to those groups;
c) Political and military leaders of Congolese militias
receiving support from outside the DRC, who impede the
participation of their combatants in disarmament,
demobilization, and reintegration processes;
d) Political and military leaders operating in the DRC
and recruiting or using children in armed conflicts in
violation of applicable international law;
e) Individuals operating in the DRC and committing
serious violations of international law involving the
targeting of children or women in situations of armed
conflict, including killing and maiming, sexual violence,
abduction and forced displacement;
f) Individuals obstructing the access to or the
distribution of humanitarian assistance in the eastern part
of the DRC; and/or,
g) Individuals or entities supporting the illegal armed
groups in the eastern part of the DRC through illicit trade
of natural resources.

--------------
POC AND REPORTING DEADLINE
--------------

14. (U) Jean Clark in IO's Office of Peacekeeping, Sanctions,
and Counterterrorism (clarkjt@state.sgov.gov, 202.736.7736)
is the point of contact.


15. (U) Department appreciates Posts' efforts.
CLINTON