VZCZCXRO8421
OO RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0162/01 0451714
ZNR UUUUU ZZH
O 141714Z FEB 08
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7536
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC

UNCLAS SECTION 01 OF 02 KINSHASA 000162 
 
SIPDIS 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV PREL MOPS KPKO CG UG
SUBJECT: Government, CNDP agree on moving Goma process forward 
 
 
¶1. (SBU) Summary:  Government and CNDP delegations agreed in Goma 
February 13 that the Technical Commission charged with overseeing 
implementation of the Kivu Conference's Acte d'Engagement will be 
officially empowered and have decision-making authority, and that 
CNDP will have input to its mission statement.  Agreement followed a 
critical intervention by Conference President Apollinaire Malu Malu 
during the morning meeting, which included participation by 
international facilitators (MONUC, U.S., EU, UK).  CNDP 
representatives planned to return to Kitchanga that afternoon for 
consultations and committed to preparing by February 16 a position 
paper on elements to be included in the mission statement.  End 
summary. 
 
¶2. (SBU) The three-way discussions at the Karibu Hotel got underway 
at 9 a.m. following arrival -- under their own power -- of the CNDP 
delegation from Kitchanga.  On the agenda:  the Presidential "Amani" 
decree, the government's proposed structure of the Technical 
Commission and the way forward on the Acte d'Engagement. 
 
¶3. (SBU) The government delegation was headed by Interior Minister 
Denis Kalume, and included Kivu Conference President Apollinaire 
Malu Malu and Naval chief of staff Vice-Admiral Didier Lutumba, 
North Kivu Governor Julien Paluku, Vice Governor Feller Lutaichirwa, 
and 8th Military Region Commander General Vainqeuer Mayala and 
Deputy Commander Colonel Delphin Kahimbi.  The CNDP delegation was 
composed of political spokesman Rene Abandi, political adviser 
Bertrand Bisimwa and military spokesman Seraphin Mirindi. 
International facilitators were SRSG Chief of Staff John Almstrom 
of MONUC, Ben Shepherd of the UK,  Colonel Pechoux (Belgium) of 
EUSEC and USAID's Nicholas Jenks and Willet Weeks. 
 
¶4. (SBU) The Congolese side kicked off the meeting by stating that 
they had come to the Kivus to explain the decree and its associated 
"organigram" to all Amani stakeholders, and in this instance to 
CNDP.  CNDP spent most of its air time on familiar process 
complaints.  They brought up situational issues to reinforce their 
broad contention that the government was not acting in the spirit of 
the conference.  Malu Malu and Kalume had their work cut out for 
them but made overall a decent job of it. 
 
--------------- 
CNDP Grievances 
--------------- 
 
¶5. (SBU) Alleged lack of consultations and of authority for 
Kivu-based sub-commissions were the core CNDP grievances:  they 
complained CNDP was not consulted or allowed to provide substantive 
input prior to issuance of the decree, and should have been; and the 
decree localizes all real decision making in Kinshasa, completely 
disempowering the local structures.  They also objected that the 
government would have an unlimited number of seats on the Technical 
Commission and its various sub-commissions, whereas CNDP 
participation would be limited at all levels. 
 
¶6. (SBU) CNDP also called for the decree to be retracted or 
significantly modified.  They claimed that unilateral actions by the 
government were putting the process back to pre-conference days. 
They expressed concern that the government's presentation sounded 
like "take it or leave it," and threatened to leave the process. 
CNDP, they said,  may have to go back to a more "defensive" posture 
vis-a-vis the FARDC. 
 
¶7. (SBU) Addressing situational issues, they said they were 
surprised, annoyed and offended by statements they contended were 
agreed to by the Congolese and Ugandan defense ministers in Beni 
numbering CNDP among "negative forces."  They are seeing more FARDC 
military near their positions in recent days, and claimed that 
PARECO forces recently killed two CNDP, and kidnapped a further ten, 
and that three FARDC battalions had recently joined forces with 
PARECO. 
 
------------- 
GDRC Rebuttal 
------------- 
 
¶8. (SBU) The Congolese side explained that the Amani decree 
legitimizes the Acte by making its implementation an official GDRC 
program, reflecting official GDRC policy.  It also creates a vehicle 
through which implementing funds can be channeled, and without such 
a vehicle, implementation would be blocked.  They urged not getting 
tied up in knots about the decree, but rather focus on implementing 
the Acte.  The decree does not compromise the Acte, to the contrary 
it legitimizes it. 
 
¶9. (SBU) Kalume added that CNDP needed to look objectively at what 
 
KINSHASA 00000162  002 OF 002 
 
 
the government had done to implement the Acte.  It had ceased all 
military action, obtained the approval of the Council of Ministers 
to move forward on implementation, and come to Goma to move the 
process forward.  It had also issued a decree to implement the 
Nairobi communique, will issue a new decree designating government, 
CNDP and international participants, and generally had demonstrated 
the political will to move things forward. 
 
¶10. (SBU) There then followed a number of exchanges, which became an 
argument.  CNDP insisted that the local structures were disempowered 
and that the government was not operating in the spirit of peace 
process.  The government denied this, saying that the MTCPS was 
empowered and that there would be internal operating procedures 
adopted by/by the Technical Commission once it is constituted. 
These procedures will obviously have the input of CNDP, as it will 
be represented on the Commission. 
 
¶11. (SBU) Malu Malu then reiterated the need to move forward and get 
the CNDP names for representation on the commissions.  CNDP 
countered that they had not been afforded the opportunity to provide 
input, and reiterated their request that the GDRC permit this to 
happen. 
 
¶12. (SBU) At this point, Malu Malu made a concession that brought 
the meeting out of the existential wilderness of whether the 
Commission is or is not empowered or has decision-making authority 
by offering that the next decree -- which will name participants -- 
also include a section that clarifies that the Commission and its 
sub-commissions are officially empowered and have decision-making 
authority, and that the CNDP will have input into its mission 
statement.  This allowed the meeting to reach agreement on a way 
forward.  (Note:  No mention was made during the meeting of other 
armed groups, although they would also have one or more seats on the 
commission.  End note.) 
 
----------------------------------------- 
Elements of Agreement and the Way Forward 
----------------------------------------- 
 
¶13. (SBU) The two sides agreed that CNDP would consult internally 
and come up with a position paper on what should be included in the 
Commission's mission statement by February 16.  The CNDP delegation 
planned to travel back to Kitchanga that afternoon to begin this 
process.  International facilitators agreed to meet the same 
afternoon to begin developing a position paper or bullets on the 
Mission Statement and thereafter as needed. 
 
¶14. (SBU) Government, CNDP and international facilitators agreed to 
meet at MONUC February 16, with a view to developing consensus 
language to be transmitted to Kinshasa to inform the next decree. 
MONUC agreed to investigate the accusations against PARECO, and the 
issue of the three FARDC battalions. 
 
¶14. (SBU) MONUC's Almstrom informed us that he will be focusing 
primarily on these issues over the next three weeks and that this 
was his highest priority.  He will also be reinforcing MONUC staff 
for this purpose. 
 
------- 
Comment 
------- 
 
¶15. (SBU) The government delegation did a credible job of 
repositioning the decree and the organigram, to some extent making 
up for the ham-handed way this was handled.  It seems clear that 
neither side wants to be blamed for the process falling apart, and 
this consideration is motivating both sides to keep the process 
moving forward.  End comment. 
 
GARVELINK