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Cablegate: Guidance for December 19 Unsc Resolution On Binub

VZCZCXYZ0009
OO RUEHWEB

DE RUEHC #2962 3541725
ZNR UUUUU ZZH
O P 191717Z DEC 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHJB/AMEMBASSY BUJUMBURA PRIORITY 0000

UNCLAS STATE 132962

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNSC XA BY
SUBJECT: GUIDANCE FOR DECEMBER 19 UNSC RESOLUTION ON BINUB

1. This is an action message. USUN is authorized to
join consensus on the UN Resolution on BINUB in para 2
below.

2. (U) Begin resolution text:

The Security Council,
(1) Recalling its resolutions and the statements of its
President on Burundi, in particular resolutions 1719
(2006) and 1791 (2007),
(2) Reaffirming its strong commitment to the sovereignty,
independence, territorial integrity and unity of Burundi,
(3) Welcoming the Declaration of the Summit of the Heads
of State and Government of the Great Lakes Region on the
Burundi Peace Process, which took place in Bujumbura on 4
December 2008 and the agreements reached between the
Government of Burundi and the Palipehutu-FNL,
(4) Paying tribute to the Regional Peace Initiative, the
South African Facilitation, the African Union and the
Political Directorate for their sustained engagement in
support of Burundi's peace consolidation efforts, to
promote the full implementation of the Comprehensive
Ceasefire Agreement signed on 7 September 2006 in
Dar-es-Salaam between the Government of Burundi and the
Palipehutu-FNL,
(5) Taking note of the progress achieved by Burundi in key
peace consolidation areas, as well as the remaining
challenges, in particular implementing the Comprehensive
Ceasefire agreement with the Forces Nationales de
Libration (Palipehutu-FNL), consolidating
democratically-elected institutions, strengthening good
governance, completing the disarmament, demobilization and
reintegration process, and taking forward the reform of
the security sector, including ensuring that the security
forces and justice institutions effectively protect human
rights and the rule of law,
(6) Welcoming the establishment of the Permanent National
Independent Electoral Commission, recalling the need for
nominations of its members to be through an independent
and inclusive process and recalling the importance that
the elections scheduled in 2010 are prepared in the spirit
of reconciliation and dialogue enshrined in the Burundian
Constitution that had led to a successful transition,
(7) Emphasizing the need for the United Nations system and
the international community to maintain their support for
peace consolidation and long-term development in Burundi,
welcoming the continued engagement of the Peacebuilding
Commission on Burundi and the recent visit of the
delegation led by the Chair of the Commission's Burundi
configuration and taking note of the June 2008 bi-annual
review of progress in the implementation of the Strategic
Framework for Peacebuilding in Burundi and of the briefing
of the Chairman of the Burundi configuration of the
Peacebuilding Commission on 11 December 2008,
(8) Recognizing the importance of transitional justice in
promoting lasting reconciliation among all the people of
Burundi and welcoming progress in the preparations for
national consultations on the establishment of
transitional justice mechanisms, including through the
establishment of a Technical Follow-up Committee and a
forum of civil society representatives,
(9) Noting with concern the continuing human rights
violations and restrictions on civil liberties, including
arrests of members of the political opposition and
representatives of civil society, the media and trade
unions and welcoming the decision of the Government to
rescind its order to regulate meetings and demonstrations
of political parties and associations,
(10) Welcoming the Burundian authorities' efforts to fight
impunity, in particular the trial and conviction of some
of the perpetrators of the Muyinga massacre,
(11) Recalling its resolution 1325 (2000) and 1820 (2008)
on women, peace and security, its resolution 1674 (2006)
on the protection of civilians in armed conflicts and its
resolution 1612 (2005) on children in armed conflict,
(12) Having considered the fourth report (S/2008/745) of
the Secretary-General on the United Nations Integrated
Office in Burundi (BINUB),
1. Decides to extend until 31 December 2009 the
mandate of BINUB, as set out in resolutions 1719 (2006)
and renewed in its resolution 1791 (2007) ;
2. Urges the Government of Burundi and the
Palipehutu-FNL to make every effort to implement, before
31 December 2008, the agreements they reached on 4
December 2008 so as to bring this last phase of the peace
process to a successful conclusion and calls on both
parties to desist from any action that may create tension
or bring about the resumption of hostilities and to
resolve outstanding issues through dialogue and in a
spirit of cooperation ;
3. Calls on the Palipehutu-FNL to work with the
Government, the Joint Verification and Monitoring
Mechanism and all international partners in order to
encourage all its combatants to move without
conditionalities to assembly areas and to fully implement
the disarmament, demobilization and reinsertion process ;
4. Encourages the Regional Initiative leaders, the
African Union, the South African Facilitation, the
Political Directorate and other international partners to
sustain their efforts in order to assist the parties in
the implementation of the 4 December Declaration and to
remain actively engaged on the ground to monitor the
process and to ensure its sustainability ;
5. Reiterates its request for the
Secretary-General, including through BINUB, to play a
robust political role in support of all facets of the
peace process, in full coordination with subregional,
regional and international partners ;
6. Encourages the Government of Burundi to take the
necessary measures to create an environment conducive to
the holding of free, fair and peaceful elections in 2010
and welcomes the United Nations readiness to assist in the
process ;
7. Requests the Executive Representative of the
Secretary-General to facilitate and promote dialogue among
national and international stakeholders, in particular in
the context of the upcoming elections, while continuing to
support their efforts to sustain peace and stability ;
8. Encourages the Government of Burundi to pursue
its efforts regarding peace consolidation challenges, in
particular democratic governance, justice, security
reforms and protection of human rights ;
9. Encourages the Government of Burundi, the
Peacebuilding Commission, and its national and
international partners to honour the commitments they
have made under the Strategic Framework for Peacebuilding
and requests the Peacebuilding Commission, with support
from BINUB and the United Nations Country team, to
continue to assist the Government of Burundi in laying the
foundations for sustainable peace and security and
long-term development in Burundi and in mobilizing the
resources needed to achieve these aims, including for the
coming elections ;
10. Underscores the importance of the disarmament,
demobilization and reintegration process and urges all
international partners, in particular BINUB and UNDP and
the World Bank, to ensure that there are no gaps in
resources and capacities during the interim period between
the Multi-country Demobilization and Reintegration
Programme and the establishment of the Burundi-specific
trust fund mechanism ;
11. Encourages in this regard the Government of
Burundi, in collaboration with all international partners,
to elaborate a disarmament, demobilization and
reintegration strategy and to lay the foundations for the
sustainable socio-economic re-integration of demobilized
soldiers, ex-combatants, returning refugees, the displaced
and other vulnerable groups affected by the conflict,
particularly women and children, in accordance with
Security Council resolutions 1325 (2000) 1612 (2005), 1674
(2006) and 1820 (2008) ;
12. Encourages the Government of Burundi, with the
support of BINUB and other partners, to ensure that
national consultations on the establishment of
transitional justice mechanisms are begun as soon as
possible, without further delay ;
13. Encourages the Government of Burundi to pursue
its efforts to broaden the respect and protection of human
rights, including through the establishment of an National
Independent Human Rights Commission, bearing in mind the
Paris Principles outlines in General Assembly resolution
48/134 and further encourages it to end impunity and to
take the necessary measures to ensure its citizens fully
enjoy their civil, political, social, economic, cultural
rights without fear or intimidation, as enshrined in the
Constitution of Burundi and provided for in by
international human rights instruments, including those
ratified by Burundi ;
14. Expresses in particular its concern at the
continuing sexual and gender-based violence, and urges the
Government to take the necessary steps, including through
specific legislation to prevent further violations and to
ensure that those responsible are brought to justice, in
accordance with international law ;
15. Demands that the Palipehutu-FNL and other armed
groups release unconditionally and without further delay
all children associated with them and emphasizes the need
for their sustainable reintegration and reinsertion ;
16. Urges BINUB to strengthen current provisions
for cooperation with the United Nations Organisation
Mission in the Democratic Republic of the Congo (MONUC),
within the limits of their respective capacities and
current mandate ;
17. Encourages the Executive Representative of the
Secretary-General to pursue his action to enhance the
integration and effectiveness of United Nations efforts on
the ground in support of the implementation of the
Strategic framework for Peacebuilding in Burundi and of
the recovery and development priorities of the Government
and people of Burundi ;
18. Requests the Secretary-General to report by May
2009 to the Council on the implementation of the mandate
of BINUB, including on the results of the technical
assessment mission he intends to conduct early in 2009 and
to incorporate in his report any recommendations that may
guide the Security Council in deciding on the future
direction of BINUB ;
19. Decides to remain actively seized of the
matter.
RICE

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