SECURITY COUNCIL CONSIDERS FARDC-5

UNCLAS USUN NEW YORK 000749 SENSITIVE SIPDIS E.O. 12958: N/A TAGS: PGOV PREL UNSC CG SUBJECT: SECURITY COUNCIL CONSIDERS FARDC-5 ¶1. (SBU) SUMMARY. U/SYG Le Roy told the Security Council on August 4 that all five senior FARDC officers implicated by the Council itself as involved in sexual violence had been removed from their command positions and two had also been taken into custody by DRC authorities. He said the other three were under "judiciary control," meaning that they were at liberty but relieved of command and compelled to report regularly to judicial authorities. Although Le Roy believes that DRC President Kabila ordered these steps be taken only in reaction to Security Council pressure, he nevertheless believes that all five cases can be prosecuted if the international community sustains the pressure. Following the briefing, the UK PermRep, Council president for August, told the press the actions taken against the five were important first steps in the wider effort to end sexual violence and impunity in DRC. END SUMMARY. ¶2. (SBU) On August 4, United Nations Under Secretary-General for Peacekeeping Alain Le Roy briefed the Security Council on the status of the sexual violence cases against five senior Democratic Republic of the Congo Armed Forces (FARDC) officers that Council members had expressly brought to the attention of DRC President Kabila during their May visit to Kinshasa. Le Roy said that all five had been relieved of their command positions; two of the five had been subsequently taken into custody in recent days by DRC authorities pending investigation of the charges; and the three others had been placed under "judiciary control." He admitted he did not know precisely how DRC "judiciary control" is defined but said he understands it requires the individuals involved to report regularly to judicial authorities. ¶3. (SBU) Le Roy said the fact that the DRC government had taken these steps only now against on charges stemming from events that took place during the period 2004-2006 leaves no doubt that President Kabila is reacting to Security Council pressure. He said the FARDC command had expressly pledged ongoing cooperation with judicial authorities on the cases. He emphasized his belief that continued international pressure is essential to keep the cases moving, ultimately to just verdicts. ¶4. (SBU) French Deputy PermRep La Croix called Le Roy's report "heartening" and hoped that further steps in the prosecution of these cases would quickly follow. Ambassador Rice pushed Le Roy on the circumstances of the five and agreed that his report was indicative of progress only when he said he was "definitely convinced" that all five officers have been administratively removed from their active duty positions. Ambassador Rice stressed the importance of aggressive follow-up by MONUC to ensure the five are prosecuted. She thanked DPKO and MONUC for their follow through but urged that it be sustained. (Comment: It would be helpful for AmEmbassy Kinshasa to continue to press follow-up with President Kabila. End comment.) ¶5. (SBU) Following Le Roy's private session with the Security Council, the UK PermRep, Council president for August, emphasized to the press that removal at long last of the five officers from their commands was an important development in these cases and was important in the wider effort to root out sexual violence in the DRC and to hold accountable implicated members of the FARDC. RICE