Cablegate: Rwanda, Drc Issue Joint Communique in Nairobi Adopting

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RR RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #1267/01 3170921
ZNR UUUUU ZZH
R 130921Z NOV 07
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC 7113
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
RUEAIIA/CIA WASHDC

UNCLAS SECTION 01 OF 04 KINSHASA 001267

SIPDIS

SIPDIS

SENSITIVE BUT UNCLASSIFIED

E.O. 12958: N/A
TAGS: PGOV PREL PHUM KWMN PINS PREF MOPS CG
SUBJECT: RWANDA, DRC ISSUE JOINT COMMUNIQUE IN NAIROBI ADOPTING
JOINT APPROACH TO ENDING CONFLICT IN THE KIVUS

1. (U) On November 10, the Government of the Democratic Republic of
the Congo and the Government of Rwanda agreed to a Joint Communique
in French and English that confirms a common approach to end the
threat posed to peace and stability in both countries and the Great
Lakes Region. (Note: Full text of Joint Communique is at para 5.
End note). The communique reiterates previous bilateral agreements
between the GDRC and Rwanda as well as regional agreements made in
the context of the Tripartite Plus Commission regarding
neutralization of the ex-Far/Interahamwe (see footnote one), but
also states that the presence of irregular Congolese armed groups in
eastern DRC pose an equal threat to peace and security in the DRC
and the entire Great Lakes region. The GDRC was represented by
Foreign Minister Mbusa and President Adviser Ngwej. The Government
of Rwanda was represented by Foreign Minister Murigande and
President Special Envoy to the Great Lakes, Ambassador Sezibera.

2. (U) The communique was achieved after almost 9 hours of
negotiations between the Government of the DRC and Rwanda
representatives facilitated by the Assistant Secretary General for
Department of Political Affairs, Haile Menkerios. Menkerios was
supported by the MONUC Force Commander, the Chief of Staff for the
UN/Resident Representative for DRC, and the Political Affairs
officer for the Department of Peacekeeping Operations in New York.
The communique was witnessed by the European Union Special Envoy,
Roland van der Geer, and State Department Senior Advisor to
Assistance Secretary Frazer for Conflict Resolution, Timothy
Shortley.

3. (U) The decision to hold the meeting in Nairobi to reconcile the
competing FDLR plans between the GDRC and the GOR came after UN/DPA
Haile Menkerios met with President Kabila on November 3. Menkerios
proposed to President Kabila that he reconcile the Congolese plan
and the comments from Rwanda on the margins of the International
Conference on the Great Lakes in Nairobi to avoid endless exchange
of proposals and counter proposals. Both the GDRC and GoR
appreciated the efforts of the UN and the flexibility of both the EU
and the U.S. to attend and witness the agreement. End comment.

4. (SBU) Comment: Although the discussions were largely cordial
and mild tempered, many heated exchanges occurred around the alleged
lack of will by the DRC, and the failing of the international
community, to deal with the FDLR since 1994 regardless of the many
agreements concluded since the 1999 Lusaka Accords. Similarly, the
DRC charged Rwanda with failing to cut off support for Nkunda and
prevent support being provided by any group. Both the DRC and
Rwanda asked for the international community to provide adequate
support to deal with the FDLR and the illegal armed groups in the
DRC and to ensure adequate protection of civilian populations. Both
DRC and Rwanda also challenged MONUC to be more aggressive against
negative forces and illegal militias in eastern DRC.

5. The full text of the agreement is as follows:

Begin text of joint communique:

Joint Communique of the Government of the Democratic Republic of
Congo and the Government of the Republic of Rwanda on a common
approach to end the threat posed to peace and stability in both
countries and the Great Lakes Region

We, the Government of the Democratic Republic of Congo and the
Government of the Republic of Rwanda, having met in Nairobi on 9
November 2007, have agreed on a common approach to address the
threat posed to our common security and stability by the
ex-FAR/Interahamwe. The meeting was facilitated by the United
Nations, in the presence of United States and the European Union.

We, consistent with the commitments made in the Lusaka Cease Fire
Agreement of 1999, which set out modalities for the disarmament and
repatriation of all foreign armed groups, including the
ex-FAR/Interahamwe, in the territory of the DRC; the bilateral
agreement signed in Pretoria on 30 July 2002 between the Governments
of the DRC and Rwanda; the Principles on Good Neighbourly Relations
and Cooperation between the DRC and Burundi, Rwanda and Uganda of 25
September 2003; the Pact on Security, Stability and Development in
the Great Lakes Region of 15 December 2006; and the various
commitments made within the framework of the Tripartite Plus
Commission, including the commitments made by the Tripartite-plus
Members in Lubumbashi on 8 June 2007 and Kampala on 17 September
2007; to eliminate the threat posed by illegal armed groups through
peaceful and military means, taking into account the action plan
presented by the Government of the RDC to address the problem of the
ex-FAR/Interahamwe on 3 October 2007 and the response and
counter-proposal made on this plan by the Government of Rwanda:

Have reiterated the following:

KINSHASA 00001267 002 OF 004

1. Peace and Security in the DRC and the Great Lakes Region can
only be achieved once the threat posed by all foreign and national
armed groups in the DRC and their politico-military organizations is
addressed;

2. The ex-FAR/Interahamwe constitutes a major threat to peace and
security of Rwanda, the DRC, and the countries in the Great Lakes
Region in general, as well as to the Congolese population;

3. The presence of irregular Congolese armed groups in eastern DRC
equally poses a threat to peace and security in the DRC and the
entire Great Lakes Region;

4. We both reaffirm our commitment to respect and uphold each
other's sovereignty, and reiterate our commitment to fully cooperate
and implement a common approach to dismantle the ex-FAR/Interahamwe
as a genocidal military

organization operating in the territory of the DRC;

5. We fully commit to prevent the direct or indirect support-
political, material or human - to any national and foreign armed
group operating in the DRC;

6. We shall share information, and address issues of common concern
through existing mechanisms, in particular the Joint Verification
Mechanism (JVM) and the Tripartite Plus Commission;

7. We shall immediately assign the members to the JVT in Goma and
Gisenyi as well as in Bukavu and Cyangugu;

8. We commit to refrain from any negative propaganda against each
other.

9. The Government of the Democratic Republic of Congo commits to:

(a) Prepare, by 1st December 2007, a detailed plan to disarm and
address the threat posed by the ex-FAR/Interahamwe. MONUC will be
requested to provide support to the planning and subsequent
implementation consistent with its mandate and capacities. The plan
will be shared with the Rwandan Government by 1st December 2007;
(b) Launch military operations, as a matter of urgency, to dismantle
the ex-FAR/Interahamwe as a genocidal military organization in the
DRC. Such operations should be simultaneously conducted with
operations to dismantle illegal armed groups in North and South
Kivu;
(c) Identify and commit the necessary resources to implement the
military components of the plan;
(d) The plan shall include the following elements:

i) reactivation and streamlining, in parallel with military
pressure, existing efforts to sensitize ex-FAR/Interahamwe elements
to disarm and repatriate to Rwanda;
ii) temporary relocation of disarmed ex-FAR/Interahamwe elements to
reception centres/cantonment sites in the DRC; registration by MONUC
under the existing DDRRR procedures and repatriation of those who
choose to return to Rwanda;
iii) with the help of relevant international organizations, moving
of the disarmed ex-FAR/Interahamwe who do not wish to return to
Rwanda and who are not wanted for genocide by Rwandan justice or the
International Criminal tribunal for Rwanda (ICTR), away from the
border until their condition is normalized;
iv) arrest and handing over to the ICTR and Rwanda of those indicted
for crimes of genocide, crimes against humanity or war crimes.

(e) Refrain from statements in support of any armed group in the
DRC;
(f) Publicize the contents of this joint communique.

10. The Government of the Republic of Rwanda commits to:

(a) Take all necessary measures to seal its border to prevent the
entry into or exit from its territory of members of any armed group,
renegade militia leaders, Nkunda's group in particular, and prevent
any form of support - military, material or human - being provided
to any armed group in the DRC;
(b) Share with the Government of the DRC and MONUC a list of wanted
"genocidaires" (all categories);
(c) Refrain from statements in support of any armed group in the
DRC;
(d) Encourage, through appropriate programs, ex-FAR/Interahamwe
members and their dependents to return home and facilitate their
effective socio-economic reintegration;
(e) Publicize the contents of this joint communique.

KINSHASA 00001267 003 OF 004

11. The Government of the Democratic Republic of Congo and the
Government of the Republic of Rwanda agree to:

(a) Establish strict border controls and prevent illicit
cross-border movement of combatants or recruits, arms, military
material, food or medical support for any armed groups;
(b) Refrain from aiding and abetting (arming, facilitating movement,
allowing recruitment, financing, providing sanctuary, etc) any armed
group;
(c) Call upon all Congolese associated with the ex-FAR/Interahamwe
to leave the group immediately and definitely; disarmed combatants
that are found to be Congolese or are eligible to become Congolese
in accordance with relevant national legislation, shall not be
subject to repatriation; these will be registered, and a list
identifying them will be shared with the Government of Rwanda;
(d) Cooperate in bringing to justice those accused of having
committed war crimes, crimes against humanity and genocide;
(e) Commit to take all necessary measures to encourage and enable
refugees to return home;
(f) Commit to actively support and facilitate the provision of
humanitarian assistance to civilians in need, irrespective of
political and ethnic affiliation;
(g) Undertake to minimize the negative impact of the agreed
operations against the ex-FAR/Interahamwe on civilian populations
and take measures to ensure the protection of civilians, as well as
compliance of their forces with international humanitarian and human
rights law;
(h) Commit to continuously share intelligence on the implementation
of these actions through the existing bilateral mechanism.

12. The Government of the Democratic Republic of Congo and the
Government of the Republic of Rwanda call upon the International
Partners witnessing this Communique, and other partners the two
signatories to this Communique may agree on:

(a) To mobilize support to help implement the commitments expressed
in this Communique;
(b) To actively support the protection of civilians and the
provision of humanitarian assistance to IDPs, refugees and those in
need.

13. MONUC will protect civilians, in accordance with its mandate,
against the negative impact of operations against the
ex-FAR/Interahamwe and monitor compliance with recognized standards
of international humanitarian and human rights law.

14. The signatories of this Communique urge the Security Council to
pass a resolution establishing sanctions against the
Ex-FAR/Interahamwe and call upon all Member States to prevent all
fund-raising, mobilization or propaganda activities of the
ex-FAR/Interahamwe.

15. The United Nations, the African Union, the European Union, the
United States, South Africa and other partners the two signatories
to this Communique may agree on, together with Representatives of
the two parties, shall be invited to facilitate and monitor the
implementation of this agreement.

Nairobi, 9 November 2007

For the Government of the Democratic Republic of Congo
Antipas Mbusa Nyamwisi
State Minister of Foreign Affairs

For the Government of the Republic of Rwanda,
Charles Murigande
Minister of Foreign Affairs

For the United Nations
Haile Menkerios
Assistant Secretary-General for Political Affairs

For the European Union,
Roeland van de Geer, Special Representative

For the United States of America
Timothy Shortley
Senior Advisor to the Assistant
Secretary Jendayi Frazer for

SIPDIS
Conflict Resolution
Department of State

Footnote: (1) The term ex-FAR/Interahamwe used in this text shall
be understood as referring to all Rwandan armed groups on Congolese
soil, irrespective of their denomination (ex-FAR, Interahamwe, ALIR,

KINSHASA 00001267 004 OF 004

FDLR, RUD-Unana, Rasta etc.)

End text joint communique.

6. (U) This message has/has been cleared by Mr. Shortley.

Brock

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