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Cablegate: Burundi: Usun Guidance for Adoption of Binub

VZCZCXYZ0002
OO RUEHWEB

DE RUEHC #8278 3500010
ZNR UUUUU ZZH
O P 160007Z DEC 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHJB/AMEMBASSY BUJUMBURA PRIORITY 0000

UNCLAS STATE 128278

SIPDIS

E.O. 12958: N/A
TAGS: PREL UNSC XA BY
SUBJECT: BURUNDI: USUN GUIDANCE FOR ADOPTION OF BINUB
UNSC RESOLUTION

1. USUN is instructed to join consensus on the UN Security
Council Resolution extending the mandate of the United
Nations Integrated Office in Burundi (BINUB). USUN should
refer any further substantive changes on the Resolution to
the Department prior to joining consensus for adoption. End
action request.

2. Begin text:

The Security Council,

Recalling its resolutions and the statements of its President
on Burundi, in particular resolutions 1719 (2006), 1791
(2007) and 1858 (2008),

Reaffirming its strong commitment to the sovereignty,
independence, territorial integrity and unity of Burundi,

Reaffirming the importance of 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 Forces Nationales
de Libration (Palipehutu-FNL),

Paying tribute to the Regional Peace Initiative, the South
African Facilitation, the Partnership for Peace in Burundi,
the African Union and the Political Directorate for their
sustained engagement in support of Burundi,s peace
consolidation efforts,

Welcoming the progress achieved by Burundi in key peace
consolidation areas, as well as the remaining challenges, in
particular the transformation of the Palipehutu-FNL into a
political party (FNL), nominating FNL leaders to civil
service positions, strengthening good governance, ensuring
the sustainability of the disarmament, demobilization and
reintegration process, and taking forward the reform of the
security sector,

Commending the Government of Burundi and the political
parties for the consensus achieved in nominating the members
of the Independent National Electoral Commission and the
consensual adoption of the revised electoral code, welcoming
the decision of the Government to provide a legal framework
for the Permanent Forum for Dialogue among parties and
recalling the importance that the elections scheduled for
2010 are prepared and conducted in a free, fair and peaceful
environment,

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
in this regard the holding of the Consultative Group meeting
of donors in Paris in October 2009, and the twin mechanism
put in place to coordinate international assistance for the
elections,

Welcoming the continued engagement of the Peacebuilding
Commission on Burundi and the recent visit of the Chairman of
the Commission,s Burundi configuration and taking note of
the July 2009 biannual 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 10 December
2009,

Recognizing the importance of transitional justice in
promoting lasting reconciliation among all the people of
Burundi and welcoming the process of national consultations
on the establishment of transitional justice mechanisms, in
accordance with the Arusha Agreements of 2000 and its
resolution 1606 (2005),

Noting with concern the continuing human rights violations
and restrictions on civil liberties, including restrictions
on the freedom of assembly and expression of the political
opposition and representatives of civil society and
expressing equal concern for the reports of violence
perpetuated by youth groups associated with some political
parties,

Encouraging the Government of Burundi to continue its efforts
to fight impunity, and to bring to expeditious conclusion
cases of human rights violations, including killings,

Recalling its resolutions 1325 (2000), 1820 (2008), 1888
(2009) and 1889 (2009) on women and peace and security, its
resolutions 1674 (2006) and 1894 (2009) on the protection of
civilians in armed conflicts and its resolutions 1612 (2005)
and 1882 (2009) on children and armed conflict,

Having considered the sixth report (2009/611) of the
Secretary-General on the United Nations Integrated Office in
Burundi (BINUB),

1. Decides to extend until 31 December 2010 the mandate of
BINUB, as set out in resolutions 1719 (2006), and renewed in
its resolution 1791 (2007) and 1858 (2008);

2. Encourages the Government of Burundi and the FNL to
make every effort to achieve the implementation of the 4
December 2008 Agreements, calls on all parties to desist from
any action that may foster the resumption of tensions and
encourages them to resolve outstanding issues in the spirit
of reconciliation and dialogue enshrined in the Burundian
Constitution;

3. Acknowledges the contribution brought to peace-building
in Burundi by the Regional Initiative, the South African
facilitation, the Political Directorate and the Partnership
for Peace in Burundi until 2009 and encourages the Regional
Initiative leaders, the African Union, and other
international partners to remain actively engaged on the
ground to ensure that the implementation of the 4 December
2008 Declaration is irreversible and to consolidate the peace
process;

4. Reiterates its request for the Secretary-General, in
particular 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;

5. Decides that BINUB, working in close cooperation with
the Government of Burundi, shall pay particular attention to
supporting the electoral process, democratic governance, the
consolidation of peace, sustainable reintegration and gender
issues;

6. Recognizes the primary responsibility of the Government
of Burundi and its national partners to create the propitious
conditions for the elections in 2010, urges 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 encourages the Government of
Burundi and the political parties to remain engaged in
dialogue, in particular through the Permanent Forum for
Dialogue;

7. Urges the Government of Burundi and the political
parties to continue their efforts to preserve the
independence and credibility of the Independent National
Electoral Commission;

8. Supports the launch in September 2009 by President
Nkurunziza of a nationwide civic education campaign for the
elections and encourages the pursuit of civic education
activities throughout the electoral process;

9. Welcomes the United Nations readiness to assist in the
electoral process and requests BINUB to be prepared to
provide, within existing resources, if required, logistical
support to the Independent National Electoral Commission at
crucial phases of the electoral process;

10. Reiterates its request to 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;

11. 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, to continue to assist
the Government of Burundi in laying the foundations for
sustainable peace and security, reintegration and long-term
development in Burundi and in mobilizing the resources needed
to achieve these aims, including for the coming elections;

12. Encourages the Government of Burundi to pursue its
efforts regarding peace consolidation challenges, in
particular democratic governance, security reforms, land
tenure, justice and the protection of human rights, with a
special focus on women,s and children,s rights;

13. Encourages the Government of Burundi with the support
of BINUB and other international partners to step up its
efforts to pursue the structural reforms aimed at improving
political, economic and administrative governance, with
continued focus on the fight against corruption, and
encourages in particular the implementation of the
comprehensive Public Administration Reform Programme (PARP);

14. Underscores the importance of security sector reform
and urges all international partners, together with BINUB, to
support the Government of Burundi,s efforts to
professionalize and enhance the capacity of the national
security services, and the police in particular in the fields
of training on human rights and sexual and gender-based
violence;

15. Encourages the Government of Burundi, in collaboration
with all international partners, including BINUB, UNDP and
the World Bank, to complete the disarmament and
demobilization process and the strategy for the sustainable
socio-economic reintegration of demobilized soldiers, former
combatants, returning refugees, the displaced and other
vulnerable groups affected by the conflict, particularly
women and children, and urges international
partners,particularly the Peacebuilding Commission, to stand
ready to support this;

16. Welcomes the progress by the Tripartite Commission
comprising Burundi, UNHCR and Tanzania towards achieving
dignified durable solutions for refugees living in Tanzania
and encourages a sustained effort with regards to the
residual Burundi refugee caseload;

17. Encourages the Government of Burundi, with the support
of BINUB and other partners, to continue the national
consultations on transitional justice with a view to their
timely completion and the publication of the final report,
and to ensure that the results of these consultations form
the basis for the establishment of transitional justice
mechanisms;

18. Calls upon the Government of Burundi to pursue its
efforts to broaden the respect and protection of human
rights, including through the establishment of a credible
National Independent Human Rights Commission, in conformity
with the Paris Principles outlined 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 and
cultural rights without fear or intimidation, as enshrined in
the Constitution of Burundi and provided for by international
human rights instruments, including those ratified by
Burundi;

19. Expresses in particular its concern at the continuing
sexual and gender-based violence, and urges the Government to
continue to take the necessary steps to prevent further
violations and to ensure that those responsible are brought
to justice;

20. Welcomes the release of all children by armed groups,
emphasizes the need for their sustainable reintegration and
reinsertion, welcomes in this regard the program launched by
the World Bank in this field and urges the Government, with
the support of BINUB, UNICEF and other members of the Country
Task Force on the Monitoring and Reporting of Grave Child
Rights Violations, to fight impunity for violators of
children,s rights;

21. Urges BINUB to strengthen current provisions for
cooperation with the United Nations Organization Mission in
the Democratic Republic of the Congo (MONUC), within the
limits of their respective capacities and current mandate, in
cooperation with the Governments of the Burundi and the
Democratic Republic of the Congo as appropriate;

22. Requests the Secretary-General to provide to the
Council a briefing on the electoral process in May 2010 and a
full report on the implementation of the mandate of BINUB in
November 2010 and requests the Secretary-General to
incorporate in this report a detailed review of the extent to
which the benchmarks set in the 14 Aug 2006 Addendum
(2006/429/Add.1) to his report of 21 June 2006 (2006/429)
have been met, and, following consultations with the
Government of the Burundi, to provide recommendations on what
changes need to be made to the direction and composition of
the UN presence in Burundi, including recommendations on a
revised time frame for the transition to a more
development-focused presence;

23. Decides to remain actively seized of the matter.
CLINTON

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