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Cablegate: Unsc/Darfur: Council Inching Toward Adoption Of

VZCZCXRO3414
PP RUEHBC RUEHBZ RUEHDE RUEHDU RUEHGI RUEHJO RUEHKUK RUEHMA RUEHMR
RUEHPA RUEHRN RUEHROV
DE RUCNDT #1660/01 2402316
ZNR UUUUU ZZH
P 282316Z AUG 06
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 0012
INFO RUEHEE/ARAB LEAGUE COLLECTIVE PRIORITY
RUCNFUR/DARFUR COLLECTIVE PRIORITY
RUEHZO/OAU COLLECTIVE PRIORITY
RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHDS/AMEMBASSY ADDIS ABABA PRIORITY 0959
RUEHEG/AMEMBASSY CAIRO PRIORITY 0713
RUEHKH/AMEMBASSY KHARTOUM PRIORITY 0351
RUEHKL/AMEMBASSY KUALA LUMPUR PRIORITY 0570
RHEHNSC/NSC WASHDC PRIORITY

UNCLAS SECTION 01 OF 07 USUN NEW YORK 001660

SIPDIS

SENSITIVE
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E.O. 12958: N/A
TAGS: ET PGOV PREL SU UNSC KPKO
SUBJECT: UNSC/DARFUR: COUNCIL INCHING TOWARD ADOPTION OF
DRAFT RESOLUTION

REF: A. A. SECSTATE 140827

B. B. USUN NEW YORK 01621

1. (SBU) SUMMARY. During an August 28 meeting of the
Security Council on Darfur, the majority of delegations said
that the dire situation in Darfur argued for swift Council
action to finalize and adopt the UK-U.S. draft resolution by
August 31, although delegations acknowledged that the
Government of National Unity (GNU) had still not granted its
consent for deployment of UN peacekeepers to Darfur. No GNU
representative attended the meeting, but the African Union,
Arab League and Organization of the Islamic Conference
missions were represented. Department of Peacekeeping
Operations A/SYG Annabi gave a breakdown of the financial
costs associated with the Secretary-General's recommendations
for strengthening AMIS and for deploying UN forces in Darfur.
He also provided a critical brief on the GNU's plan for
stabilizing Darfur. Most delegations dismissed the viability
of a military solution to the Darfur situation. At a
subsequent meeting of P5 Ambassadors on the draft UK-U.S.
resolution, moderate progress was achieved on OP5 regarding
date of transition; updated text in paragraph 9. END SUMMARY.

ANNABI GIVES ANALYSIS OF COSTS AND GNU PLAN
2. (SBU) After repeated requests from Council Members for a
financial breakdown of the SYG's recommendations to
strengthen AMIS and to deploy UN forces in Darfur, A/SYG
Annabi outlined short-term and long-term assistance packages.
For a four-month period, short-term support to AMIS,
including integrated command and control and communications
assistance, would cost $22.5 million; longer-term support,
including equipment and infrastructure upgrades as well as
troop and police training, would cost $76 million. For
expanded UNMIS deployment in Darfur, Annabi gave annual cost
estimates as $1.6 billion for Option 1, $1.7 billion for
Option 2 and $1.4 billion for Option 3. He noted a financial
addendum would be issued to the Council later this week.

3. (SBU) In his analysis of the GNU's August 8 'Plan for the
Restoration of Stability and Protection of Civilians in
Darfur,' Annabi noted that while certain aspects of the plan
could be positively developed, DPKO was concerned that the
GNU's planned deployment of 26,500 SAF and SLM/Minawi forces
would violate the Darfur Peace Agreement (DPA), since the
GNU, as a party to the DPA, could not be considered a neutral
arbiter in the conflict. According to Annabi, the only
appropriate party for enforcing the DPA would be a UN force;
however, reference to this force was conspicuously absent
from the GNU's plan. On the plus side, Annabi welcomed GNU
promises to remove obstacles to UNMIS' freedom of movement,
to expedite planning for the Darfur-Darfur Dialogue and
Consultation (DDDC) and to address violence against women and
children.

EGELAND URGES IMMEDIATE POLITICAL ACTION
4. (SBU) OCHA U/SYG Egeland warned that without immediate
political action by the Security Council, the situation in
Darfur could escalate into a 'man-made catastrophe on an
unprecedented scale.' He noted that while Darfur insecurity,
particularly incidents of gender-based violence, was
currently at its highest, humanitarian access was at its
lowest level since 2003-2004, a proportion which threatened
to put Darfur 'at the brink of war.' Egeland warned that the
$300 million funding shortfall might cause the World Food
Programme to cut food rations in October. Egeland echoed
Annabi's stance that there could be no military solution to
the Darfur conflict, and he added that AMIS needed urgent
strengthening until the UN could take over its
responsibilities in Darfur.

AU PSC TO MEET ON AMIS' FUTURE; AL AND OIC SUPPORT GNU VIEWS
5. (SBU) The representative of the AU Mission explained that
the AU Peace and Security Council (PSC) would meet imminently
to discuss AMIS' future and would take into account the
provisions of its January 12, March 10 and May 15 communiques
regarding transition of AMIS to a UN operation in spite of
GNU resistance. She urged the Council in its deliberations
on the UK-U.S. draft resolution to consider the AU PSC March
10 communique and the AU's responsibilities under the DPA,
particularly of establishing the DDDC. Both the AL and OIC
Ambassadors urged the Council to take into consideration GNU
concerns before adopting the draft resolution. The OIC

USUN NEW Y 00001660 002 OF 007


Ambassador added that his delegation supported the GNU's
Darfur plan and that the OIC SYG would try to meet with SYG
Annan in Beirut to discuss this issue.

MEMBERS DISMISS GNU PLAN, READY TO MOVE ON DRAFT RESOLUTION
6. (SBU) Only Russia, China and Qatar spoke to the 'merits'
of the GNU stabilization plan for Darfur, such as its
provisions for disarming the Janjaweed, for providing
power-and wealth-sharing agreements and for combating
impunity. All other delegations dismissed its viability, as
its proposed massive use of force to address the problems of
Darfur would constitute a violation not only of the DPA but
of UNSCR 1591 as well and would result in further human
rights violations. Ghanaian PR and current UNSC President
Effah-Apenteng decried the enforcement aspect of the GNU's
Darfur pacification plan.

7. (SBU) Delegations, especially the African members, spoke
to the need for the Council to pursue 'robust and resolute
action' on Darfur, with the UK Ambassador and Ambassador
Bolton urging adoption of the draft resolution by August 31.
Most members agreed on the need for rapid Council action.
The Tanzanian DPR warned of Council 'failure' if the
resolution were not expeditiously adopted, and the Danish
delegate remarked that the Council had 'no alternative' to
adopting the draft resolution while continuing to push for
GNU consent. The Ghanaian President characterized 'timely
transition' as the key to facilitating DPA implementation.
The Peruvian and Argentine delegates were very firm in their
support for the draft resolution and in their commitment to
working toward GNU consent for the UN deployment.
Delegations expressed regret that the GNU neither
participated in nor was represented at the Council meeting,
despite the fact that the GNU itself had sought such type of
engagement with the Council on this issue of mutual concern.

P5 DISCUSSION
8. (SBU) P5 Ambassadors made moderate progress on the UK-U.S.
draft resolution in negotiations immediately following the
adjournment of the private meeting. Discussion revolved
around the date of transition in OP5, with Russia and China
arguing that October 1 was 'unrealistic' for AMIS transition.
To resolve this impasse, Ambassador Bolton proposed adding
to the end of the last line of OP5 the phrase, 'and in no
event later than 31 December 2006,' in order to specify an
end date on deploying UN forces into Darfur, which seemed
acceptable around the table. Russia proved flexible on the
wording of the consent reference in the draft text, and China
is awaiting guidance on whether or not it can accept a trade
proposed by UKUN to retain the 'Responsibility to Protect'
reference in PP2 for mention of GNU consent. P5 Ambassadors
may re-convene August 29 to continue work on the text.

9. (U) Begin draft resolution text:

The Security Council,

Recalling its previous resolutions concerning the situation
in the Sudan, in particular resolutions 1679 (2006) of 16 May
2006, 1665 (2006) of 29 March 2006, 1663 (2006) of 24 March
2006, 1593 (2005) of 31 March 2005, 1591 (2005) of 29 March
2005, 1590 (2005) of 24 March 2005, 1574 (2004) of 19
November 2004, 1564 (2004) of 18 September 2004 and 1556
(2004) of 30 July 2004 and the statements of its President
concerning the Sudan,

Recalling also its previous resolutions 1325 (2000) on women,
peace and security, 1502 (2003) on the protection of
humanitarian and United Nations personnel, 1612 (2005) on
children and armed conflict, and 1674 (2006) on the
protection of civilians in armed conflict, which reaffirms
inter alia the provisions of paragraphs 138 and 139 of the
2005 United Nations World Summit outcome document, as well as
the report of its Mission to the Sudan and Chad from 4th to
10th June 2006,

Reaffirming its strong commitment to the sovereignty, unity,
independence, and territorial integrity of the Sudan, which
would be unaffected by transition to a United Nations
operation in Darfur, and to the cause of peace, expressing
its determination to work with the Government of the Sudan,
in full respect of its sovereignty, to assist in tackling the

USUN NEW Y 00001660 003 OF 007


various problems confronting the Sudan and that a United
Nations operation in Darfur shall have, to the extent
possible, a strong African participation and character,

Commending the efforts of the signatories to the Darfur Peace
Agreement, expressing its belief that the Agreement provides
a basis for sustained security in Darfur, reiterating its
welcome of the statement of 9 May 2006 by the representative
of the Sudan at the United Nations Security Council Special
Session on Darfur of the Government of National Unity's full
commitment to implementing the Agreement, stressing the
importance of launching the Darfur-Darfur dialogue and
consultation as soon as possible, and recognising that
international support for implementation of the Agreement is
critically important to its success,

Commending the efforts of the African Union for the
successful deployment of the African Union Mission in the
Sudan (AMIS), as well as the efforts of Member States and
regional and international organisations that have assisted
it in its deployment, and AMIS' role in reducing large-scale
organised violence in Darfur, recalling the decision of the
African Union Peace and Security Council of 27 June 2006, as
outlined in paragraph 10 of its Communique, that the African
Union is ready to review the mandate of AMIS in the event
that the ongoing consultations between the Government of the
Sudan and the United Nations conclude on an agreement for a
transition to a United Nations peacekeeping operation,
stressing the need for AMIS to assist implementation of the
Darfur Peace Agreement until transition to the United Nations
force in Darfur is completed, welcoming the decision of the
African Union Peace and Security Council of 27 June 2006 on
strengthening AMIS' mandate and tasks, including on the
protection of civilians, and considering that AMIS needs
urgent reinforcing,

Reaffirming its concern that the ongoing violence in Darfur
might further negatively affect the rest of the Sudan as well
as the region, in particular Chad and the Central African
Republic, and stressing that regional security aspects must
be addressed to achieve long lasting peace in Darfur,

Remaining deeply concerned over the recent deterioration of
relations between the Sudan and Chad, calling on the
governments of the two countries to abide by their
obligations under the Tripoli Agreement of 8 February 2006
and the agreement between the Sudan and Chad signed in
N'djamena on 26 July 2006 and to begin implementing the
confidence building measures which they have voluntarily
agreed upon, welcoming the recent re-establishment of
diplomatic relations between the Sudan and Chad, and calling
upon all States in the region to co-operate in ensuring
regional stability,

Re-iterating its strong condemnation of all violations of
human rights and international humanitarian law in Darfur,
and calling upon the Government of National Unity to take
urgent action to tackle gender based violence in Darfur
including action towards implementing its Action Plan to
Combat Violence Against Women in Darfur with particular focus
on the rescission of Form 8 and access to legal redress,

Expressing its deep concern for the security of humanitarian
aid workers and their access to populations in need,
including refugees, internally displaced persons and other
war-affected populations, and calling upon all parties, in
particular the Government of National Unity, to ensure, in
accordance with relevant provisions of international law, the
full, safe and unhindered access of relief personnel to all
those in need in Darfur as well as the delivery of
humanitarian assistance, in particular to internally
displaced persons and refugees;

Taking note of the communiqus of 12 January, 10 March, 15
May and 27 June 2006 of the Peace and Security Council of the
African Union regarding transition of AMIS to a United
Nations operation,

Taking note of the report of the Secretary-General on Darfur
dated 28 July 2006 (S/2006/591),

Determining that the situation in the Sudan continues to

USUN NEW Y 00001660 004 OF 007


constitute a threat to international peace and security,

OP1 Decides, without prejudice to its existing mandate and
operations as provided for in Resolution 1590 (2005) and in
order to support the early and effective implementation of
the Darfur Peace Agreement, that UNMIS' mandate shall be
expanded as specified in paragraphs 8, 9 and 12 below and
that it shall deploy to Darfur on the basis of the support of
the Government of the Sudan, and urges member states to
provide the capability for an expeditious deployment;

OP2 Requests the Secretary-General to arrange the rapid
deployment of additional capabilities for UNMIS, in order
that it may deploy in Darfur, in accordance with the
recommendation contained in his report dated 28 July 2006;

OP3 Decides that UNMIS shall be strengthened by up to
(17,300) military personnel and by an appropriate civilian
component including up to (3,300) civilian police personnel
and up to (16) Formed Police Units, and expresses its
determination to keep UNMIS' strength and structure under
regular review, taking into account the evolution of the
situation on the ground and without prejudice to its current
operations and mandate as provided for in Resolution 1590
(2005);

OP4 Expresses its intention to consider authorising possible
additional temporary reinforcements of the military component
of UNMIS, at the request of the Secretary General, within the
limits of the troop levels recommended in paragraph 87 of his
report dated 28 July 2006;

OP5 Requests the Secretary-General to consult jointly with
the African Union, in close and continuing consultation with
the parties to the Darfur Peace Agreement, including the
Government of National Unity, on a plan and timetable for
transition from AMIS to a UN operation in Darfur; decides
that those elements outlined in paragraphs 40 to 58 of the
Secretary-General's report of 28 July 2006 shall begin to be

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deployed no later than 1 October 2006, that thereafter as
part of the process of transition to a United Nations
operation additional capabilities shall be deployed as soon
as feasible and that UNMIS shall take over from AMIS
responsibility for (peacekeeping, including) supporting the
implementation of the Darfur Peace Agreement, by no later
than 31 December 2006; and calls upon the African Union to
extend its mandate in order to facilitate transition on this
basis;

OP6 (Notes that the Agreement between the UN and the Sudan of
28 December 2005 on the status of the UN in Sudan, as
outlined in Resolution 1590 (2005), applies equally to UNMIS'
operations throughout the Sudan, including in Darfur.)

OP7 Requests the Secretary-General to take the necessary
steps to strengthen AMIS through the use of existing and
additional United Nations resources with a view to transition
to a UN operation in Darfur; and authorizes the
Secretary-General during this transition to implement the

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longer-term support to AMIS outlined in the report of the
Secretary-General of 28 July 2006, including provision of air

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assets, ground mobility package, training, engineering and
logistics, mobile communications capacity and broad public
information assistance;

OP8 Decides that the mandate of UNMIS in Darfur shall be to
support implementation of the Darfur Peace Agreement of 5 May
2006 and the N'djamena Agreement on Humanitarian Cease-fire
on the Conflict in Darfur ("the Agreements"), including by
performing the following tasks:

(a) To monitor and verify the implementation by the parties
of Chapter 3 ("Comprehensive Cease-fire and Final Security
Arrangements") of the Darfur Peace Agreement and the
N'djamena Agreement on Humanitarian Cease-fire on the
Conflict in Darfur;

(b) To observe and monitor movement of armed groups and
redeployment of forces in areas of UNMIS deployment by ground
and aerial means in accordance with the Agreements;

(c) To investigate violations of the Agreements and to

USUN NEW Y 00001660 005 OF 007


report violations to the Cease-fire Commission; as well as to
co-operate and co-ordinate, together with other International
Actors, with the Cease-fire Commission, the Joint Commission,
and the Joint Humanitarian Facilitation and Monitoring Unit
established pursuant to the Agreements including through
provision of technical assistance and logistical support;

(d) To maintain, in particular, a presence in key areas,
such as buffer zones established pursuant to the Darfur Peace
Agreement, areas inside internally displaced persons camps
and demilitarised zones around and inside internally
displaced persons camps, in order to promote the
re-establishment of confidence, to discourage violence, in
particular by deterring use of force;

(e) To monitor trans-border activities of armed groups
along the Sudanese borders with Chad and the Central African
Republic in particular through regular ground and aerial
reconnaissance activities;

(f) To assist with development and implementation of a
comprehensive and sustainable programme for disarmament,
demobilisation and reintegration of former combatants and
women and children associated with combatants, as called for
in the Darfur Peace Agreement and in accordance with
Resolutions 1556 (2004) and 1564 (2004);

(g) To assist the parties, in co-operation with other
international actors, in the preparations for and conduct of
referenda provided for in the Darfur Peace Agreement;

(h) To assist the parties to the Agreements in promoting
understanding of the peace accord and of the role of UNMIS,
including by means of an effective public information
campaign, targeted at all sectors of society, in
co-ordination with the African Union;

(i) To co-operate closely with the Chairperson of the
Darfur-Darfur Dialogue and Consultation (DDDC), provide
support and technical assistance to him, and co-ordinate
other United Nations agencies' activities to this effect, as
well as to assist the parties to the DDDC in addressing the
need for an all-inclusive approach, including the role of
women, towards reconciliation and peace-building;

(j) To work with the national police, in co-ordination with
bilateral and multilateral assistance programmes, in reform
restructuring, and institutional development, training and
capacity building of the police, movements police liaison
officers, and community police, and to monitor their
performance through mentoring, co-location, and joint patrols;

(k) To assist in promoting the rule of law, including
through support to strengthening an independent judiciary and
professional corrections system, and combating impunity and
protecting the human rights of all people of the Sudan, in
close co-operation with other United Nations agencies, funds
and programmes and non-governmental organisations.

(l) (To ensure adequate human rights and gender presence,
capacity and expertise within UNMIS to carry out human rights
promotion, civilian protection and gender sensitive
monitoring activities.)

OP9 Decides further that the mandate of UNMIS in Darfur shall
also include the following:

(a) To facilitate and co-ordinate in close co-operation
with relevant UN agencies, within its capabilities and in its
areas of deployment, the voluntary return of refugees and
internally displaced persons, and humanitarian assistance
inter alia by helping to establish the necessary security
conditions in Darfur;

(b) To contribute towards international efforts to protect,
promote and monitor human rights in Darfur, as well as to
co-ordinate international efforts towards the protection of
civilians with particular attention to vulnerable groups
including internally displaced persons, returning refugees,
and women and children;

(c) To assist the parties to the Agreements, in

USUN NEW Y 00001660 006 OF 007


co-operation with other international partners in the mine
action sector, by providing humanitarian de-mining
assistance, technical advice, and co-ordination, as well as
mine awareness programmes targeted at all sectors of society;

(d) To assist in addressing regional security issues in
close liaison with international efforts to improve the
security situation in the neighbouring regions along the
borders between the Sudan and Chad and between the Sudan and
the Central African Republic, including through the
establishment of a multi-dimensional presence consisting of
political, humanitarian, military and civilian police liaison
officers in key locations in Chad, including in internally
displaced persons and refugee camps, and if necessary, in the
Central African Republic, and to contribute to the
implementation of the Agreement between the Sudan and Chad
signed on 26 July 2006.

OP10 Calls upon all Member States to ensure the free,
unhindered and expeditious movement to the Sudan of all
personnel, as well as equipment, provisions, supplies and
other goods, including vehicles and spare parts, which are
for the exclusive and official use of UNMIS in Darfur;

OP11 Requests the Secretary-General to keep the Council
regularly informed of the progress in implementing the Darfur
Peace Agreement, respect for the cease-fire, and the
implementation of the mandate of UNMIS in Darfur, and to
report to the Council, as appropriate, on the steps taken to
implement this resolution and any failure to comply with its
demands;

OP12 Acting under Chapter VII of the Charter of the United
Nations,

(a) decides that UNMIS is authorised to (use all necessary
means), in the areas of deployment of its forces and as it
deems within its capabilities:

- to protect United Nations personnel, facilities,
installations and equipment, to ensure the security and
freedom of movement of United Nations personnel, humanitarian
workers, assessment and evaluation commission personnel, to
prevent disruption of the implementation of the Darfur Peace
Agreement by armed groups, without prejudice to the
responsibility of the Government of the Sudan, to protect
civilians under threat of physical violence,
- in order to support early and effective implementation
of the Darfur Peace Agreement, to prevent attacks and threats
against civilians,
- to seize or collect, as appropriate, arms or related
material whose presence in Darfur is in violation of the
Agreements and the measures imposed by paragraphs 7 and 8 of
Resolution 1556, and to dispose of such arms and related
material as appropriate;

(b) Requests that the Secretary-General and the Governments
of Chad and the Central African Republic conclude
status-of-forces agreements as soon as possible, taking into
consideration General Assembly resolution 58/82 on the scope
of legal protection under the Convention on the Safety of
United Nations and Associate Personnel, and decides that
pending the conclusion of such an agreement with either
country, the model status-of-forces agreement dated 9 October
1990 (A/45/594) shall apply provisionally with respect to
UNMIS forces operating in that country;

OP13 Requests the Secretary General to report to the Council
on the protection of civilians in refugee and internally
displaced persons camps in Chad and on how to improve the
security situation on the Chadian side of the border with
Sudan.

OP14 Calls upon the parties to the Darfur Peace Agreement to
respect their commitments and implement the agreement without
delay, urges those parties that have not signed the Agreement
to do so without delay and not to act in any way that would
impede implementation of the Agreement, and reiterates its
intention to take, including in response to a request by the
African Union, strong and effective measures, such as an
asset freeze or travel ban, against any individual or group
that violates or attempts to block the implementation of the

USUN NEW Y 00001660 007 OF 007


Agreement or commits human rights violations;

OP15 Decides to remain seized of the matter.

10. (U) End draft resolution text.
BOLTON

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