GUINEA: UN COMMISSION OF INQUIRY DETAILS

UNCLAS SECTION 01 OF 02 USUN NEW YORK 000938

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PGOV PREL UNSC XY GV
SUBJECT: GUINEA: UN COMMISSION OF INQUIRY DETAILS


1. (SBU) SUMMARY. UN Department of Political Affairs A/SYG
Haile Menkerios briefed the Security Council on October 21
on the planned UN commission of inquiry (COI) into the
atrocities committed in Guinea since September 28. He
explained the expectations for the COI for which there was
widespread support, cautioned about the security situation
in Guinea, and warned of the "unprofessional" Guinean
army. Ambassador DiCarlo supported ECOWAS' and Burkinabe
President Compaore's efforts, and all Council members
except Russia supported the COI. French Perm Rep Araud
said he would circulate a draft Presidential Statement
which would, inter alia, support the COI, stress the
importance of establishing a new transitional authority, and
welcome the statements of the AU, ECOWAS, and the
International Contact Group. END SUMMARY.

PLANS FOR THE INTERNATIONAL COMMISSION OF INQUIRY


2. (SBU) UN Department of Political Affairs A/SYG
Menkerios briefed the Security Council on his October 17
- 20 trip to West Africa, including his stops in Abuja, to
meet with AU and ECOWAS members at the October 17 summit,
Conakry, and Ouagadougou, to meet with Burkinabe President
Campaore. He said that both AU Commission Chairman Ping and
ECOWAS President Chambas supported the COI, as did junta
leader Dadis Camara, and the Guinean prime minister,
opposition, and civil society members.


3. (SBU) Menkerios expected the mandate for the COI to:
(1) establish the facts (but not investigate events
prior to September 28); (2) identify the crimes; (3)
attribute responsibility; and (4) make accountability
recommendations. He said that if Guinea's legal system is
deemed insufficient to prosecute alleged perpetrators, a
hybrid system might work (potentially including ECOWAS or
other legal bodies),but noted an international criminal
tribunal would be both time-consuming and difficult to
arrange.


4. (SBU) Menkerios said the UN Secretariat would start
drafting the Terms of Reference for the mandate
immediately, and that a full security assessment would need
to be conducted before the COI could commence. He
expressed concern regarding the level of cooperation Dadis
would offer.


5. (SBU) Menkerios thought the COI should consist of 3-5
members, including at least one woman and one African,
hopefully from West Africa. He solicited candidates for
the COI from the Council, as well as from the AU and
ECOWAS. He anticipated the COI would take less than a
month to complete its work.

RUSSIA EXPRESSES CONCERN


6. (SBU) Russian PR Churkin expressed concern that the SYG
would create a COI without specific Security Council
approval. (Note: Churkin was not at the October 14 SYG
lunch for Council PermReps, during which there was no
opposition to Ban's idea to support an investigation. End
Note.) Menkerios, Burkina Faso PR Kafando, and French PR
Araud responded to Churkin's concerns by citing the
implicit agreement made during the lunch, and Kafando noted
that the Guinean opposition "Forces Vives" had requested an
international investigation immediately following the
September 28 atrocities.

SECURITY FOR THE COI AND WITNESSES


7. (SBU) Menkerios said he was assured by ECOWAS that it
would do "what is necessary" regarding security for the
COI. He said that if Guinea's internal security mechanisms
were deemed insufficient, ECOWAS would consider deploying
security and military observers, along with human rights
commissioners and observers. Direct (unspecified)
intervention could be required if ECOWAS did not appear
able to address the security concerns, Menkerios noted.

PRESIDENTIAL STATEMENT FLOATED BY FRANCE


8. (SBU) Araud proposed a Presidential Statement (PRST)
which would, inter alia, support the COI, stress the
importance of establishing a new transitional authority, and
welcome the statements of the AU, ECOWAS, and the
International Contact Group. Araud said France expects to
circulate a draft to the entire Council soon. Most members
supported the idea of a PRST; China did not mention the PRST,
while Mexico wanted additional information on the COI before

USUN NEW Y 00000938 002 OF 002


offering its support. Churkin said a PRST was premature.

U.S. SUPPORTS THE ECOWAS ARMS EMBARGO AND SANCTIONS


9. (SBU) Ambassador DiCarlo expressed strong support for
the ECOWAS decision to impose an arms embargo on Guinea and
to work with the AU on creating targeted sanctions against
individuals. DiCarlo supported Burkinabe President
Compaore's efforts to urge Dadis and the CNDD to step aside
and establish a transitional authority to lead Guinea
towards credible elections. All Council members joined her
in welcoming Compaore's facilitation and all, except
Churkin, expressed support for the COI.

OTHER COUNCIL CONCERNS: SCR 1888 AND FUNDING


10. (SBU) Austrian PR Mayr-Harting was joined by Croatian
PR Vilovic and Ambassador DiCarlo in highlighting the need
to look at the implications of SCR 1888 (on women, peace,
and security, adopted September 30) for this COI, since
many of the atrocities under investigation were committed
against women. The UK called for the COI to be funded from
either voluntary contributions or existing resources.

GUINEA'S ARMY IS A PROBLEM


11. (SBU) In conclusion, Menkerios expressed shock at the
"unprofessional, disunited" appearance of the Guinean army,
which lacked any promotion criteria and even allowed
soldiers to return home with their weapons. Menkerios said
that Dadis' hope to reform the military without a return to
civilian rule would not be possible.
Wolff