S/PV.6712 Security Council

It is a great privilege and honour for me to address the Council following an important period of major events in the Democratic Republic of the Congo. Recent months have been characterized by many questions and uncertainties, and I believe that this moment for reflection and discussion is particularly important to the mission, to the people of the Democratic Republic of the Congo and to the region. (spoke in English) The attention of the Congolese and the international community has of course been heavily focused on the holding of national presidential and legislative elections late last year. As has been widely reported, despite enormous logistical and organizational challenges, voting got under way as scheduled by the Congolese Independent National Electoral Commission on 28 November. The campaign period, however, was increasingly marked in some areas of the country, including Kinshasa, by political and inter-community tensions, too often fed by some political leaders and others who engaged in public or private rhetoric, exacerbating these tensions. Indeed, scattered incidents of violence during the campaign culminated in a day of particular tension and violence at the end of the campaign period on Saturday, 26 November in Kinshasa, as well as violent incidents in some other portions of the country, resulting in the deaths of many Congolese, as well as injuries to others, and contributing to post-election tensions as well. We have been conducting a thorough investigation led by our Joint Human Rights Office and involving several other offices of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) and the United Nations to look into all reports of election violence. We plan to issue a detailed report of our findings in the near future. For now, I would wish to reiterate our condemnation of all acts of election-related violence and other violations of human rights, and my heartfelt condolences to the families and friends of those who lost their lives, as well as all victims of the acts of violence that have taken place. As Council members are well aware, the elections themselves were marked by numerous problems. The late procurement and delivery of vital elections materials complicated an already difficult and tight election calendar. This prompted the mobilization of substantial additional aircraft and other resources from the Governments of South Africa, Angola and the Republic of the Congo, as well as from MONUSCO, to address logistical shortfalls and bolster the Independent National Electoral Commission’s ability to successfully conduct the elections. Furthermore, the South African Government generously transported from South Africa to various points in the Congo large quantities of ballots, including supplementary orders to cover shortages in some areas in response to problems identified by the Commission. Nonetheless, the Independent National Electoral Commission was obliged to extend the period of voting to provide access to polls by voters, in some cases for several days. Various problems were reported in a number of cases by accredited domestic and international observer missions during this period, and particularly in the immediate aftermath during the compilation and verification processes to determine results. While none of the observer missions have determined that these problems necessarily would have changed the reported presidential results, we and others have expressed our strong concerns about the irregularities reported by the various observer missions, and believe a thorough and open review of the preparations and conduct of the November elections is important. it should provide as accurate as possible an overview of the process, draw relevant lessons and propose recommendations, and ensure that improvements are put in place so that future elections achieve the highest level of integrity possible. I would note that the Independent National Electoral Commission itself has already initiated action for the arrest and prosecution of some of its employees, while discussions of the broader review are proceeding. At the same time, we have strongly emphasized the importance of all parties and candidates utilizing fully peaceful means and dialogue to deal with points of contention. Only one candidate chose to deposit a legal challenge with the Congolese Supreme Court regarding presidential results. Provisional results for the legislative elections were announced only last week. We have again emphasized to all candidates and parties the importance of utilizing legal channels for those seeking to contest results, as well as pursuing full dialogue and discussions among political leaders and parties to address all differences of view, including election-related issues. While it is essential that Government authorities ensure that all Congolese citizens fully enjoy their rights of freedom of expression and other rights, violent confrontations will not resolve any problems and only tend to propagate further violence. MONUSCO has provided all support possible to the electoral process consistent with our mandate. This included full logistics support, fulfilling all commitments described in the original integrated logistics plans established with the Independent National Electoral Commission, and indeed additional supplementary support as new challenges emerged in the immediate run-up to the elections. In addition, the Mission has financed and carried out the training of the intervention units of the Congolese National Police, and provided non-lethal equipment to enhance the capacity of the Police to ensure the security of the electoral process. The Mission and the United Nations Development Programme are continuing to provide technical counsel and support to the maximum extent possible, although we have no official role or responsibility in the verification or ratification of announced results. We have also supported extensive efforts in a variety of forums at the national and provincial levels to promote dialogue among Congolese parties, candidates, civil society and other stakeholders. It is our intent to do all possible to facilitate a full review of the election operations and, drawing from these and external observations, to provide support to ensure that improvements are implemented to achieve the maximum credibility of future elections. In particular, these will be immediately focused on the remaining important provincial and local elections to complete the current electoral cycle. I would note that although the timings of these elections are now uncertain, the importance of full, credible and transparent provincial and local elections is very clear. With the announcement of most recent provisional legislative results by the Independent National Electoral Commission, political attention in the Democratic Republic of the Congo is now shifting to the new National Assembly, the consolidation of coalitions, and the formation and ratification of a new Government. The timing and specific composition of the new structures are of course not yet clear, but preliminary discussions among various individuals and parties have certainly already been initiated. We believe it very important that all newly elected officials play an active and full role in these discussions and the work of the new institutions in the interests of their constituents and the country. We strongly encourage all elected officials and political leaders to carry out fully and actively their political and civic responsibilities on behalf of the Congolese people. The post-election environment has also of course permitted MONUSCO and Congolese officials to re-evaluate security conditions in the country, and in particular the continuing threats to the civilian population and general stability of the eastern Democratic Republic of the Congo. The protection of civilians, of course, remains MONUSCO’s highest priority. In that regard, apparent renewed recent activity by the Forces démocratiques de libération du Rwanda (FDLR) movement has been of particular concern. The January massacre of an estimated 54 civilians in remote areas of Shabunda territory, South Kivu province, is a tragic and visible example of this activity and the continuing predatory actions of the FDLR. Our own analysis of these attacks suggest that this indicates no underlying renewed strength of FDLR capabilities, but rather a continuation of past patterns of reprisals taken by FDLR forces against relatively soft targets to intimidate civilians and seek to bolster their positions. In reality, however, the loss of some senior commanders, continuing encouraging numbers of FDLR combatants and dependents being processed for repatriation to Rwanda, and information confirming ongoing internal tensions and strains within the FDLR leadership all suggest continuing relative weaknesses in the organization. Working with the Democratic Republic of the Congo authorities, we intend to pursue all possible activity to achieve a further reduction in FDLR capabilities. A new point of concern has been the emergence or growth of various Congolese groups in North and South Kivu, some positioning themselves as so-called self-defence groups targeting various perceived opponents. As well, some existing groups, for example Mayi Mayi Yakutumba in South Kivu, have also shown increased armed and criminal activity, often in combination with various arrangements with other armed groups, including the FDLR and Burundian Forces nationales de libération. All of them represent a significant threat to civilians and to the general security in the areas where they operate. In north-eastern Democratic Republic of the Congo, the activities of the Ugandan Lord’s Resistance Army (LRA) have in fact been reduced in recent months, and extensive operations by MONUSCO and the Forces armées de la République démocratique du Congo (FARDC) were conducted to preclude larger- scale potential end-of-year LRA attacks. Nonetheless, the LRA clearly continues to pose a serious threat in a region that includes portions of the Democratic Republic of the Congo, Central African Republic and South Sudan. We welcome initiatives taken by the African Union for a regional approach to the LRA threat, as well as the deployment of United States military personnel in support of operations to address that threat. We will continue our active cooperation with Congolese authorities and coordination with other United Nations missions in pursuit of putting an end to the LRA threat in the Congo, consistent with our mandate. The Allied Democratic Front/National Army for the Liberation of Uganda also retains a significant military capacity in northern North Kivu, as underscored by a recent attack by the group targeting an FARDC unit. In addition, the activities of some ostensibly integrated FARDC elements that do not accept or follow central command and State authority also continue to pose a serious threat to stability and security in the Kivus. That is particularly true of Bosco Ntaganda and those allied to him, which represents a significant challenge to the establishment of lasting and secure conditions for the area. We have recently been having some very productive discussions with FARDC interlocutors regarding a variety of actions to address the aforementioned threats and realize lasting improvements in the eastern Democratic Republic of the Congo. These include renewed military pressure directed at the FDLR and other armed groups seeking to realize further degradation of FDLR and other armed group capabilities, the maximum possible repatriation of foreign combatants, and the demobilization of Congolese militia or other armed groups. In that regard, I am pleased to report that the recent addition of one South African and three Pakistani military transport helicopters and the expected arrival of four Ukrainian combat helicopters in coming weeks will provide a much needed boost to MONUSCO capabilities in the east, which have been severely impacted in recent months by insufficient military helicopter capability. I would like to express my appreciation to all those involved in providing those very important additions. In our discussions with Congolese partners, we have also been exploring ideas as to how overall FARDC capabilities can be strengthened and augmented. Military reform and strengthening are clearly a key element to the achievement of druable security conditions in the eastern Democratic Republic of the Congo. It is too early to comment specifically as to what may be possible, but I will say that I am encouraged by the ideas being considered. These, of course, would be fully consistent with essential programmes and activities being pursued in other key security sector areas, including programmes to expand police training and generally augment Congolese National Police capabilities, and to bolster justice and corrections systems programmes. I believe that the police and military justice systems already being implemented by MONUSCO, in partnership with relevant Congolese authorities, have been particularly successful and shown demonstrable results in augmenting Congolese National Police capabilities. Rape and sexual violence continue to be a major problem and the focus of Mission and United Nations agency attention and activities. We have been continuing to support an encouraging increase of military and other prosecutions of those guilty of rapes and other sexual violence, as well as other serious human rights abuses, in order to put an end to impunity. I assure you the Council that we will continue to pursue every opportunity to bring those guilty of such crimes to justice. I must also note, however, that data increasingly suggest that a great deal of the sexual violence, including rape, in eastern Democratic Republic of the Congo and other regions of the country substantially involves civilians committing those grave crimes against women. I strongly believe that the issue demands much greater attention from all of us involved in that critically important area. I would urge all Governments and organizations to consider increased attention to the problem. None of us can afford to reduce our level of activity in any way in that critical area, as too many Congolese women, and as a result Congolese society as a whole, suffer from this terrible problem. Prisons also remain a significant problem, and the late 2011 escape of Mayi Mayi leader Gedeon in a mass prison break underscores it, as he shows signs of establishing a renewed militia presence in Katanga province. It is very clear that there is much more to do in that area. To the extent that we can mobilize resources, work with other engaged partners to expand general programmes, and generally maintain and hopefully augment these programmes and others across all segments of security sector issues, including military programmes, significant progress can be realized to establish the conditions needed for the security of the civilian population and lasting security for the region. While I will not elaborate extensively today on stabilization programmes, I believe that everyone in the Democratic Republic of the Congo is very aware of the importance of progress across the spectrum in that area as well. Implemented within the framework of the Stabilization and Reconstruction Plan for Eastern Democratic Republic of the Congo, those activities are critical to the augmentation of State authority in eastern Democratic Republic of the Congo and an essential component of achieving sustainable security conditions and providing for social and economic development. For other areas of the country, such activities are no less important in addressing the urgent needs of the Congolese population and supporting general development. We believe that the early official adoption of the Peace Consolidation Programme will be an important component of that effort, and we will be working through the close collaboration of MONUSCO and United Nations agencies, along with key bilateral and multilateral partners, to realize further progress, always in partnership with Government authorities and agencies, all non-governmental and other organizations making their own contributions. We will be very actively pursuing opportunities to move forward in all these areas in the weeks and months to come, focusing on civilian protection and related security issues, associated reforms and augmentation of State capacity and authority, stabilization and development efforts, and successful completion of the election cycle. Combating sexual violence will continue to be a major specific focus of our operations and programmes. Of course, as a new Government is formed, we will also engage in active dialogue with the new officials in order to move forward in all areas. I am convinced, however, that there are significant opportunities to take advantage of now and in the immediate future, and I can assure members that we will pursue all such openings to the maximum extent possible. (spoke in French) To conclude, I should like to thank the members of the Security Council and the international community for their uninterrupted support to the Mission. That support will be of extreme importance in the months to come, when we will attempt to make continued progress in response to the various challenges I have just described. Similarly, I wish to highlight my gratitude to the personnel of MONUSCO and the United Nations agencies in the Democratic Republic of the Congo. Their work is indispensable, and I have the greatest admiration for it. Under the pressure of the electoral process, their efforts have been extraordinary and exemplary. Their work during that period deserves our thanks and praise. Strengthened by this support, I have no doubt that we will be able to continue progress towards stability and the establishment of a lasting peace, which are the legitimate aspirations of the people of the Democratic Republic of the Congo.

I thank Mr. Meece for his briefing. I give the floor to the representative of the Democratic Republic of the Congo.

At the outset, Mr. President, allow me to express how pleased I am to see you preside over the Security Council this month. I am overjoyed that the Security Council has decided under your presidency to consider the report of the Secretary- General (S/2012/65) on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO). I must also commend the excellent work of your predecessor, the Permanent Representative of South Africa, in the presidency of the Security Council last month. Allow me also to highlight the extreme importance of the Secretary-General’s report, dated 26 January 2012. The briefing just given by the Special Representative of the Secretary-General, Mr. Meece — whose presence here today I welcome — emphasized that importance. The report before the Council today is significant in that it contains factual information on the events that have taken place in the Democratic Republic of the Congo since the previous report of the Secretary- General dated 24 October 2011 (S/2011/656). It covers a crucial period in the history of the Democratic Republic of the Congo — a period during which the Congolese people, for the second time in five years, went to the polls as scheduled and in a generally peaceful atmosphere. We welcome the recommendations contained in the report, particularly since they generally reflect the concerns already expressed by the Government, which it is seeking to address with the help of its traditional partners and MONUSCO. These relate in particular to the joint efforts of the Forces armées de la République démocratique du Congo (FARDC) and MONUSCO in the context of the process of disarmament, demobilization, repatriation, resettlement and reintegration, as set out in paragraph 73 of the report; the progress achieved by the Congolese judicial authorities in the prosecution and punishment of crimes of sexual violence, as noted in paragraph 76 of the report; and the renewed commitment of the Government to bolster stabilization efforts in the eastern provinces of the country, as well as the progress made in the implementation in areas emerging from armed conflict of the Stabilization and Reconstruction Plan for Eastern Democratic Republic of the Congo, as noted in paragraph 79 of the report. But notwithstanding our overall satisfaction with the report, we should like to make a number of comments on four issues: elections and the security situation; human rights and sexual violence; reform of the Congolese judicial system; and armed groups and peacebuilding. I should like first to address the issue of the elections and the security situation. On behalf of the Government and the people of the Democratic Republic of the Congo, I should like to thank the Secretary-General, His Excellency Mr. Ban Ki-moon, for the support he has provided to the stabilization efforts in the Democratic Republic of the Congo and to the elections of 28 November 2011. The work of his Special Representative for the Democratic Republic of the Congo, Mr. Roger Meece, as well as the logistical and material support provided by MONUSCO to the Independent National Electoral Commission, also deserves mention. In terms of the violence related to the electoral process in the Democratic Republic of the Congo, paragraph 5 of the report contains information on election-related incidents. While their negative consequences for the security of individuals and their property are regrettable, it should be noted that at the time of their occurrence, the Government, through the Minister of Justice and Human Rights, denounced a number of violations and appealed to the Prosecutor General of the Republic, the Prosecutors General in the Appeals Court and the Auditor-General of the FARDC to open investigations into those incidents. In that respect, allow me to quote from the Minister of Justice and Human Rights, who stated on 28 November 2011: “Serious acts have been committed: the lynching of a number of individuals, both politicians and police officers; the destruction of electoral equipment and of State and private property; the burning down of police stations; and death threats by certain persons. Despite all of those calls for reason, restraint and legality, we witnessed in recent days another serious form of intolerance that violates the right to life and physical safety and to property.” But looking beyond the unrest that prevailed before and after the elections, it would be no exaggeration to conclude that the country is resolutely determined to follow a process of returning to normality and that the Congolese people want only one thing: peace. Today, when we look back at what really took place and when we look to the future, we can say with certainty that the second round of democratic elections represent a definitive end in the Democratic Republic of the Congo of an era during which the transfer of power was not based on democratic norms and the funding of the electoral process was provided mainly by the international community. That reality was acknowledged by the head of State, His Excellency Joseph Kabila Kabange, in his speech of 20 December 2012: “For the first time in our history, a presidential term of office has ended without an institutional crisis, with 95 per cent of electoral costs funded by the Republic’s own resources.” Despite the repeated calls to violence made by certain political leaders during the electoral campaign and following the elections, we were able to avoid a serious deterioration in terms of peace and security in the Democratic Republic of the Congo thanks to the capacity of the Congolese National Police to avert and respond to violence without resort to the excessive use of force. I should like here to pay heartfelt tribute to the police and security forces, which, in particularly difficult conditions, showed great professionalism whenever they were called upon to ensure law and order, which are prerequisites for an effective electoral process. I wish also to take this opportunity to thank all of our partners, including MONUSCO and the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo, for their partnership with the FARDC. I should also like to highlight the support provided by the European Union with a view to ensuring security during the electoral process in the Democratic Republic of the Congo through its delegation in Kinshasa, its member States and the European Union Police Mission in the Democratic Republic of the Congo. We are also grateful for the technical, financial and logistical contributions made by a number of friendly countries, as well as foreign partners including the Republic of South Africa, the Republic of Angola, the Republic of the Congo and MONUSCO. Some setbacks were noted that in certain cases led to the death of individuals; we deem those regrettable, but we can draw lessons from them for the future, particularly with respect to the provincial, senatorial and local elections. But in general terms, the reforms launched last year in the security sector will be continued this year in order to train a police force and an army that are fully capable of ensuring security throughout the national territory and to enhance conditions — which are already favourable — for a return to economic and social development. In terms of human rights and sexual violence, I would like to reaffirm my country’s commitment to the purposes and principles enshrined in the Charter of the United Nations and in international law, which are the basic foundations of a world that is more peaceful, prosperous and just. In that regard, the Government of the Democratic Republic of the Congo is determined to ensure strict respect for the fundamental principles of human rights and international humanitarian law, and to ensure a just and lasting peace throughout the country. In paragraphs 46 to 54 of the report, the Secretary-General makes reference to the human rights violations that took place during the electoral process and to many other such acts committed in the eastern part of the country by armed groups. Reference is also made to acts of sexual violence and mass rapes committed in the Democratic Republic of the Congo between 2010 and 2011. With regard to human rights violations in general, paragraph 72 of the report recommends that measures be taken to ensure that the guilty are identified and brought to justice. As I said earlier, that need for justice is of the greatest concern to the Government, as well to the authorities of the Independent National Electoral Commission, who have spared no effort in bringing before the courts cases involving electoral workers who engaged in misconduct in the local results compilation centres. With regard to sexual violence, I should like to remind the Council that the war that overshadowed the Democratic Republic of the Congo for many years generated many types of violence, including a new type, the main victims of which are women and young girls. In the eastern part of the country, which was most affected by that violence, women are now targeted by men in uniform and by criminals. In response, all institutions in the Democratic Republic of the Congo, including the executive power, the courts and Parliament, have mobilized to counteract the scourge, against which the Government has adopted a zero-tolerance policy. Even the highest- ranking military officers of the Congolese Army have been brought to justice. In legislative terms, we note the law of 20 July 2006, which was revolutionary compared with the criminal code previously in force. The most significant innovations include an increase in the age of sexual consent for girls from 14 to 18 years of age. In other words, a girl aged 18 is today considered to be a legal minor, and anyone having sexual relations with a girl of that age, with or without her consent, is deemed to have broken the law. Another important measure introduced in that law is the irrelevance of the official status of the perpetrator; in other words, no one in a position of authority who commits a sexually violent act can claim immunity before the law. For their part, the courts and tribunals have adopted new measures. For example, in the remote areas of the eastern provinces, special courts have been established to conduct investigations. Those courts are mobile and able to operate in areas closer to the scenes of crimes, thereby enabling women who have been raped to see justice done. They convene outside, under the trees, so as to enable members of the community to participate. In addition, the Government is supporting the establishment of five prosecution support cells, which MONUSCO is launching to assist the victims of sexual violence in the Democratic Republic of the Congo. In addressing the issue of Congolese judicial reform, I am pleased to recall that, in its resolve to once and for all end impunity for serious crimes committed in the Democratic Republic of the Congo, and in implementation of the relevant recommendations of the United Nations mapping report of October 2010, the Government has taken the initiative to set up special mixed chambers within the Congolese legal system. These courts will be set up within some provincial appellate courts and will be responsible for handling cases involving grave human rights violations in the Democratic Republic of the Congo. To that end, the Government has introduced a bill in Parliament to establish special mixed courts to prosecute such crimes. The special mixed courts will have the potential to help not only to end impunity, but also to improve victims’ access to justice and enhance the overall capacities and will of the Congolese national judicial system to effectively prosecute the most serious international crimes. Although established by the legislative branch on the basis of a national law, the specialized mixed courts would be more effective and credible if they were to enjoy the strong support of the Security Council. Such support would entail a Council decision under Chapter VII of the Charter requiring Member States to cooperate with the special mixed courts, particularly in the arrest and rendition of suspects. A lack of cooperation and the denial of justice could pose a real threat to international peace and security. Peacebuilding and the fight against armed groups are the top priorities for the Democratic Republic of the Congo. The threat of the Lord’s Resistance Army must be addressed with the assistance of the countries of the region. Initiatives must be urgently accelerated to protect civilians from the atrocities committed by the Ugandan rebel movement of Joseph Kony and his henchmen. We believe that sufficient elements are now in place to substantially reduce or entirely eliminate the destructive capacity of that armed group, whose reach spans the Central African Republic, Chad, the Sudan, Uganda and my own country. It is possible to do so and it must be done in order to make peace a reality. In general terms, we reiterate that, in terms of fighting armed groups, including Congolese outlaws, substantial progress has undeniably been made in reducing threats to the security of the people and in improving the conditions in which the Government is able to guarantee security. The normalization of relations with neighbouring States is continuing. Measures are being taken to distance destabilizing elements from the border regions, but we would remind the Council that, since February 2001, our consistent position has been that all armed foreigners, regardless of origin, must return to their home country. It is now time to begin a new phase of economic resurgence after many years of war. In that area as in all others, as the Minister for International and Regional Cooperation eloquently said in his statement to the Council on 18 May 2011: “However, essential it may be, all future assistance from the United Nations, and MONUSCO in particular, be conceived and organized in a way that makes full use of the investments made by the international community. In this way, we can end the crisis of legitimacy, relaunch the economy and rebuild a State in the Democratic Republic of the Congo — in other words, capitalize and build on the remarkable if still precarious results that we have achieved in this area by working together in the past few years.” (S/PV.6539, p. 6) The Democratic Republic of the Congo already has the Stabilization and Reconstruction Plan for Eastern Democratic Republic of the Congo, as well as the International Security and Stabilization Support Strategy, which target North Kivu and extend to Haut Uélé and Bas Uélé districts in Orientale province, Maniema province, the North Tanganyika district in Katanga province, and the South Ubangi and Equateur districts in Equateur province. In our humble opinion, the economic recovery, social rehabilitation and reintegration components of these stabilization and reconstruction programmes should be revisited and redesigned. I refer in particular to STAREC and the programme designed by the United Nations country team, the objective of which is to consolidate and develop the northern and western regions. Although they are not experiencing conflict, those regions are nonetheless facing the consequences of instability in the north and the east of the country. We call on the international community and friendly countries that wish to do so to come to the Democratic Republic of the Congo, to invest heavily in our country and to participate in its development and economic growth. The potential of the Democratic Republic of the Congo and the energy of its people enable us to envisage a win-win type of cooperation. Some countries have already understood that, and we invite others to follow suit and to support us as we move along that path.

There are no further names inscribed on my list. I now invite Council members to informal consultations to continue our discussion on the subject.