VZCZCXYZ0006
RR RUEHWEB

DE RUCNDT #0470/01 1631635
ZNR UUUUU ZZH
R 121635Z JUN 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 2050
INFO RUEHGV/USMISSION GENEVA 2726

UNCLAS USUN NEW YORK 000470 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: BY CG KAWC KWMN PHUM PREL RW UG XA ZF ZU
SUBJECT: UNHCHR ARBOUR UNSC BRIEFING ON GREAT LAKES REGION 
 
REF: USUN 00439 
 
¶1. (U)  Summary:  UN High Commissioner for Human Rights Arbour 
briefed the UN Security Council on her recent mission to the 
Great Lakes region.  Noting she had addressed the 
Peacebuilding Commission on Burundi the previous day, Arbour 
focused her remarks on conditions in the Democratic Republic 
of the Congo (DRC).  Arbour summed up the numerous problems 
in the DRC stating that the human rights reality is &marked 
by ongoing serious violations by security forces, an 
alarmingly high incidence of sexual violence, multiple forms 
of discrimination, little access to education and healthcare, 
and the continuing use of child soldiers.8  She said the DRC 
political system remains non-participatory and unresponsive 
to the needs of its citizens, while a weak, ineffective and 
corrupt judicial system fails to operate without political 
interference.  She concluded that meeting these challenges 
will require major, sustained efforts from both the 
Government and the international community.  End Summary. 
 
¶2. (U)  The following is a summary of the comments of Louise 
Arbour UN High Commissioner for Human Rights during her May 
31 briefing of the UN Security Council. 
 
Impunity 
 
¶3. (U)  There is virtually no accountability for a long series 
of serious human rights violations.  Violators are seemingly 
rewarded for their abuses with positions of power, and the 
militia,s abuses of the civilian population continue at 
will.  Security Council Resolution 1325 is virtually ignored, 
as violence against women has reached pandemic proportions in 
both frequency and intensity.  The message conveyed is that 
human rights abusers will be rewarded rather than punished; 
violence is an effective way to achieve positions of power; 
and the failure to provide justice to lays the groundwork for 
future violence.  A corrupt and politically influenced 
judicial system has all but ceased to function. 
 
¶4. (U)  As an example, Congolese authorities have agreed to 
the inclusion of amnesty provisions in peace accords, whereby 
alleged perpetrators were granted amnesties for human rights 
violations, and/or integrated into the armed forces. 
Notably, Laurent Nkunda, currently the subject of an arrest 
warrant for rape and multiple murders, has been awarded the 
rank of General, and through the 'mixage' process, where 
rebel militia are mixed with Armed Forces of the DRC 
(&FARDC8), Nkunda's de facto control has grown, and he now 
presents an even greater security risk to the civilian 
population.  Arbour also noted that accused human rights 
violator Gabriel Amisi is also a General, and is Chief of 
Land Forces in Kinshasa. 
 
Vetting, 'mixage' and 'brassage' 
 
¶5. (U)  Arbour stated that the practice of  &mixage' must be 
replaced for all combatants by a systematic integration 
program known as 'brassage'.  Reform of the security sector 
in DRC is critical to increasing the protection of civilians. 
 A credible, systematic review of all security forces with 
the removal of the most serious human rights abusers is 
necessary, and will require the full support of the 
international community. 
 
Violence Against Women 
 
¶6. (U)  The scale of rape and sexual violence in the DRC today 
is unequaled.  Resolution 1325 is purely rhetoric, and is 
contradicted by actions on the ground on a daily basis. 
Sexual violence has reached pandemic proportions in the DRC 
for one reason.  It is permitted.  There has been a complete 
failure by authorities to protect civilians.  Efforts so far 
have been mainly palliative, concentrating on treating or 
providing services to the victims.  More emphasis must be 
placed on prosecution of perpetrators.  Military and civilian 
leaders must send public messages that violence against women 
in any form is unacceptable and perpetrators will be brought 
to justice. 
 
Administration of Justice 
 
¶7. (U)  The justice system in the DRC is barely functioning. 
That said, all senior Government officials have expressed a 
commitment to combating impunity and establishing justice and 
respect for human rights.  The models of justice currently 
used in the region - largely based on cumbersome and 
bureaucratic systems inherited from the colonial era - have 
proven inadequate and susceptible to corruption and political 
abuse.  Local, creative, and victim-centered efforts by the 
UN and NGOs, working closely with local police, military and 
judicial establishments, have provided some concrete results 
in bringing some perpetrators to justice. These efforts 
should be strengthened, and if possible institutionalized. 
 
 
¶8. (U)  There is an enormous backlog of criminal cases and an 
unnecessarily large number of prisoners living in squalid 
prison conditions.  In the Central Prison in Kinshasa for 
example, 60 percent of the prisoners are held in pre-trial 
detention, often for months or years.  Releasing prisoners in 
illegal detention - especially those in prolonged preventive 
detention for minor crimes - would assist in ameliorating 
prison conditions and decongesting the overburdened justice 
system. 
 
Mapping 
 
¶9. (U)  Falling within MONUC's human rights mandate, there is 
a proposed &mapping exercise8 to create an inventory of the 
most serious violations of human rights and international 
humanitarian law committed within the territory of the DRC 
between March 1993 and June 2003.  The mapping exercise 
should serve as the core reference document upon which 
transitional justice options may then be discussed.  This 
proposal has been well received in the DRC, including by 
President Kabila, the diplomatic community, and most 
importantly the Congolese themselves. This OHCHR-MONUC 
justice initiative is in need of financial support. 
 
Economic and Social Rights 
 
¶10. (U)  The contrast between the DRC's wealth in natural 
resources and the extreme levels of poverty is &startling. 
The natural resources of the DRC are often illegally 
exploited by political and military elites, and have fueled 
much of the conflict over the past decade. Historically, very 
little of the revenue from natural resources in the DRC has 
been channeled to state coffers or addressed the massive 
needs of the population.  There is a pressing need to devise 
legislation oriented toward the protection and realization of 
economic and social rights, and laws to encourage 
transparency and accountability in the governance and 
management of natural resources. The forests of the DRC 
should be exploited in a manner that respects the rights of 
indigenous populations. 
 
Conclusion 
 
¶11. (U)  Arbour summarized by stating that DRC cannot 
sacrifice justice for the sake of peace.  Impunity poses an 
intrinsic threat to the success of peace deals, and there can 
be no development or security without respect for human 
rights.  Peace, development and the emergence of true 
democracy in the country are seriously threatened, and the 
Government of the DRC must act with urgency to resolve these 
many issues. 
 
¶12. (U)  In response to questions, Arbour noted signs of hope 
in the DRC ) not insignificant was the government of the 
DRC,s willingness to engage and discuss issues candidly. 
In addition, Arbour said that within the DRC, there is an 
expectation that the Juba peace talks will bring an end to 
the conflict in Southern Sudan and Northern Uganda, bringing 
some stability to the region.  Finally she affirmed the 
belief that there must be both reconciliation and 
accountability, noting that OHCHR would be taking the lead in 
the universally supported &mapping8 exercise. 
 
UNSC Reaction: 
 
¶13. (U)  Interventions by the members of the Security Council 
followed, the first being South African PermRep Ambassador 
Kumalo, who expressed dissatisfaction with a human rights 
briefing being held in the Security Council and complained 
that Council members were expecting too much from the 
fledgling government.  This set off a deluge of comments in 
response, with the remaining Security Council members voicing 
unanimous support for the Council,s being seized with the 
situation on the ground, and the status of peacekeepers in 
the Great Lakes region.  The remainder of the comments were 
consistent in calling for immediate security sector reform, 
with Ambassador La Sabliere of France commenting that reform 
efforts need to be &stepped up8 as the Congolese people are 
suffering.  All commented on the pressing need to address the 
human rights violations, with Ambassador Verbeke of Belgium 
noting it was the women and children that were suffering 
most, and that the mixage process was causing many problems. 
There was a universal call for peace and human rights.  All 
acknowledged the need for international assistance and 
support. 
 
¶14. (U)  Ambassador Wolff spoke in his national capacity, 
welcomed Mrs. Arbour,s briefing, and joined the others in 
voicing concern over the human rights situation in the 
region.  The Ambassador noted that there must be both 
reconciliation and justice ) that there needs to be a 
balance between accountability and reconciliation.  He added 
 
that it was fully appropriate that the UN Security Council 
consider the situation of peacekeepers in the region. 
 
¶15. (U)  Ambassador Arias of Panama commented that the 
Security Council has a responsibility to know what the 
economic, social and human rights situation in the region is. 
 Arias added the Human Rights Council (&HRC8) and the 
Security Council must be more demanding in any country in 
which there is conflict, and must understand the whole of the 
situation.  Ambassador Ikouebe of Congo added that the 
Peacebuilding Commission and the HRC are of critical 
importance, while Ambassador Jones Parry of the United 
Kingdom commented that it was &absolutely right that these 
issues are front and center of the MONUC mandate, and what 
was agreed in UNSCR 1756.8  In reference to UNSCR 1756 (May 
15, 2007) concerning the situation in the DRC, Ambassador 
Shcherbak of the Russian Federation commented on the need for 
&buy-in8 of local government to any peace process, or 
long-term solutions for the region. 
 
¶16. (U)  Ambassador Ikouebe added that in his view, the 
problems in the DRC were representative of the region ) a 
rich country with poor people.  He joined with Indonesia in 
noting that any lasting peace must be based on sustainable 
development, while Ambassador Du of China voiced the need for 
economic development and poverty eradication. 
 
Related Comments: 
 
¶17. (U)  Burundi:  Ambassador Verbeke noted the importance of 
negating impunity, and ensuring that those responsible for 
human rights violations be held accountable.  He added that 
in his view, Burundi had already been through their 
&transitional Period8 and that it was time for their 
post-transitional period.  Ambassador Christian of Ghana 
agreed, stating that Burundi needed to confront past 
violations. 
 
¶18. (U)  Rwanda: Ambassador Christian noted his support for 
the Gacaca courts, but was concerned about the backlog, and 
was joined by the United States in concern over the justice 
systems lack of capacity to try thousands of cases in a 
relatively short time.  In the meantime, many are 
incarcerated and face long delays awaiting trial. 
 
¶19. (U)  Northern Uganda:  Ambassador Jones-Parry noted that 
the humanitarian crisis has been affected by the problems in 
the DRC, and the situation is now impacting the more than 1.6 
million Internally Displaced Persons.  He noted the linkage 
between human rights, security, and development, and that 
while he was encouraged at the tentative signs of progress in 
the DRC, indications are that Zimbabwe is going in the 
opposite direction. 
KHALILZAD