S/PV.7107 Security Council

In accordance with rule 37 of the Council’s provisional rules of procedure, I invite the representative of the Democratic Republic of the Congo to participate in this meeting. The Security Council will now begin its consideration of the item on its agenda. Members of the Council have before them document S/2014/55, which contains the text of a draft resolution submitted by France. I wish to draw the attention of Council members to document S/2014/42, which contains a letter dated 22 January 2014 from the Coordinator of the Group of Experts on the Democratic Republic of the Congo extended pursuant to Security Council resolution 2078 (2012) addressed to the President of the Security Council. It is my understanding that the Council is ready to proceed to the vote on the draft resolution before it. I shall put the draft resolution to the vote now.

There were 15 votes in favour. The draft resolution has been adopted unanimously as resolution 2136 (2014). I shall now give the floor to the member of the Council who wishes to make a statement after the voting.

I take the floor to explain Rwanda’s vote on resolution 2136 (2014), which was just adopted unanimously. I want first of all to commend France, the penholder for this important resolution, for its determination and patience in finding a consensus on the text. I want especially to thank the French Ambassador and his colleagues in his delegation. I also thank Jordan, the Chairman of the Committee established pursuant to resolution 1533 (2004), for the way it has conducted the business of the Committee in a challenging period. It is not easy to be the Chairman of that Committee and at the same time to preside over the Security Council. I also thank other Council members for their valuable contributions aimed at ensuring that the resolution will be an additional tool for lasting peace in the Democratic Republic of the Congo. Rwanda voted in favour of the resolution because we believe that a sanctions regime for the Democratic Republic of the Congo is of the utmost importance in fighting the armed groups that are still active in the country, especially the Forces démocratiques de libération du Rwanda, recalled today by the Council as “a group under United Nations sanctions whose leaders and members include perpetrators of the 1994 genocide against the Tutsi in Rwanda, during which Hutu and others who opposed the genocide were also killed, and have continued to promote and commit ethnically based and other killings in Rwanda and in the Democratic Republic of the Congo” (resolution 2136 (2014), thirteenth preambular paragraph). We share the Council’s deep concern at reports indicating collaboration between this genocidal group and, unfortunately, the Forces armées de la République démocratique du Congo. We call on the Government of the Democratic Republic of the Congo to abide by the Peace, Security and Cooperation Framework and stress the need for the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo and the Expanded Joint Verification Mechanism to urgently investigate this matter. Although resolution 2136 (2014) takes note of the final report of the Group of Experts on the Democratic Republic of the Congo (S/2014/42), Rwanda rejected the report. We did so because the report lacks objectivity, transparency, material evidence and credible sources. We deplore the flawed methodology used by an unaccountable and unprofessional Group of Experts allowing itself the right to accuse a whole nation without a shred of evidence. However, we support the extension of the Group of Experts’ mandate for an additional year because we believe that the Group could assist the 1533 Committee in monitoring the sanctions regime for the Democratic Republic of the Congo. I take this opportunity to reiterate my Government’s call on the Council to demand that the members of the Group of Experts behave in a more neutral, impartial and professional manner for the sake of regional and international peace. We reiterate our deep regret over the way the current Group of Experts is conducting its activities. It should be made clear that the use of a United Nations sanctioned and funded mechanism to launch deliberate attacks against States Member of the United Nations by making grave, unsubstantiated and damaging accusations without any credible evidence is totally unacceptable. Such offensive allegations may actually undermine the ongoing efforts focused on forward-looking solutions. Let me conclude by once again reiterating Rwanda’s unwavering commitment to supporting the work of the Group of Experts, which, if conducted within the strict mandate of the Council and by well-intentioned people, could contribute to addressing the root causes of the conflict in the Democratic Republic of the Congo, thereby bringing stability to the region. Any failure to clearly understand and report objectively on the dynamics in the region would continue to undermine ongoing peace efforts. In that regard, Rwanda remains committed to finding a lasting solution to the recurring crises in eastern Democratic Republic of the Congo, bilaterally or through the mechanisms of the International Conference on the Great Lakes Region and the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the region.

I now give floor to the representative of the Democratic Republic of the Congo.

Allow me, Mr. President, as the Jordanian presidency of the Security Council comes to an end, to express to you the pleasure of my delegation at seeing you presiding over this public meeting of the Security Council on the situation in the Democratic Republic of Congo, particularly on the final report of the Group of Experts on the Democratic Republic of the Congo (S/2014/42, annex). As the month of January comes to an end, my delegation welcomes the fact that the work of the Security Council is being conducted by the representative of Jordan, a country with which my country shares excellent relations marked by mutual esteem and consideration. I should like to take this opportunity to fulfil a most agreeable duty, that of congratulating you, Sir, most warmly, speaking both for myself and for my delegation, on the work carried out during your presidency of the Security Council. I would like, first of all, on behalf of the Government and the entire people of the Democratic Republic of the Congo, to thank the Group of Experts, which, as was the case two years ago, has once again produced an acceptable final report. It is a report that highlights the repeated patterns of two neighbouring countries used to swimming against the current with respect to the precepts of peace proclaimed by the United Nations, the African Union and subregional organizations to which they claim to belong and which persist unabashedly in destabilizing the eastern part of the Democratic Republic of the Congo. In that regard, the Democratic Republic of the Congo wishes to recall that the violations listed in the final report before the Council have not been identified by an anonymous organization or one without a mandate or one merely trying to attract the attention of the international community for its own sake. Those serious violations of the relevant provisions of Security Council resolutions and the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region have been observed and documented by a team of trustworthy persons appointed by the Security Council on the basis of their skills and expertise. That is why my Government welcomes the fact that the Security Council Committee established pursuant to resolution 1533 (2004), on the Democratic Republic of the Congo, has carefully considered the final report of the Group of Experts, in line with its mandate to monitor compliance with sanctions. My delegation would like to draw the attention of the Security Council to the report of the Group of Experts and the credible information contained in the report (S/2013/773) of the Secretary-General that the Special Representative of the Secretary-General for the Democratic Republic of Congo, Mr. Martin Kobler, submitted to Council members on 13 January 2014 (see S/PV.7094). The two reports detail the resurgence of the defunct Mouvement du 23 Mars (M-23) and the ongoing support of Rwanda and Uganda for that former terrorist group. The final report of the Group of Experts clearly establishes the fact that the former M-23 rebels continue to recruit members in Rwanda despite their defeat in the eastern part of the Democratic Republic of the Congo. It also confirms that the M-23 has received continued support from Rwandan territory. Finally, the Group of Experts confirms the fact that it had received credible information to the effect that M-23 leaders could move freely in Uganda and travel outside that country. They reported the case of an M-23 leader who went to Europe from Uganda. Moreover, the report of the Secretary-General sets forth credible information according to which the M-23 has continued to recruit members after the statements declaring the end of hostilities made in Nairobi in December and has once again become active in Ituri. That information was also confirmed by Mr. Kobler in his statement to the Council on 13 January 2014. My delegation notes that, despite the renewed activity of the M-23 launched from Rwandan and Ugandan territory — two countries that are signatories of the Framework agreement and hosts former M-23 combatants  — the report of the Panel of Experts unfortunately does not contain a single recommendation on the resurgence of the M-23, neither with respect to its leaders nor with respect to Rwanda and Uganda, which continue to violate their commitments under the Framework agreement. In its report, the Group of Experts also describes allegations whereby the Forces armées de la République démocratique du Congo (FARDC) cooperate to a certain extent with the Forces démocratiques de libération du Rwanda (FDLR), to which it supplies weapons. The Democratic Republic of the Congo is serious about peace. We wish to live peaceably within our borders, but we also wish to see peace for all the countries of the region. It is from that point of view, therefore, that my Government would like to have some avenues of inquiry and specific intelligence as to the alleged collaboration between the FARDC and the FDLR, in order to enable it to begin investigations and establish responsibility with a view to taking the resulting necessary measures. Moreover, my Government is aware that the matter of the FDLR is one of the pretexts most frequently used by Rwanda to destabilize the eastern part of the Democratic Republic of the Congo. We wish to reassure the Security Council that the settlement of the issue remains a priority for my Government, even after the defeat of M-23. That resolve is emphasized in the report that my Government sent to the Security Council under cover of a letter dated 16 January 2014, in which my delegation reminded the Council of the efforts of the joint military operations that the armies of the Democratic Republic of the Congo and Rwanda had carried out several years earlier, as well as the joint operations that were carried out between the FARDC and the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) in 2004 and 2005, the Kimia I and Kimia II Operations, in 2008 and 2009, respectively, carried out with the support of MONUC, the Amani Leo Operation, carried out with the support of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) from 2010 to 2012, and the active involvement, first, of MONUC, and then of MONUSCO, in the repatriation to their countries of origin of FDLR members who chose to participate in the disarmament, demobilization and reintegration process. It was therefore in good faith that the Congolese authorities committed themselves, together with the Rwandans, to continue to hunt the FDLR. And it is in good faith that the Congolese army, which defeated the M-23, undertakes to continue its efforts in that direction. The Democratic Republic of the Congo, whose civilian population is the only one in the region since the Rwandan genocide to have to pay the heavy price of the recurrent FDLR attacks, has no interest in cooperating in any way whatsoever with hostile Rwandan forces. To conclude this part of my statement, it is appropriate to point out that, in addition to the military solution to the FDLR issue, my Government wishes to remind the Security Council of the recommendation made at the most recent joint summit of the Southern African Development Community and the International Conference on the Great Lakes Region, held on 4 November 2013 in Pretoria, which called on the members of those two organizations to work for the repatriation of hostile forces to their countries of origin. It is against that backdrop that my Government calls on Rwanda to agree to the repatriation of the FDLR to their country of origin, Rwanda. The same applies to other neighbouring countries. In addition to what I have stated here, the report also denounces and documents the many incursions of the Rwandan army into Congolese territory in violation of the sovereignty, territorial integrity and political independence of my country. Such an attitude constitutes an act of aggression, which must be acknowledged and condemned by the Security Council pursuant to the provisions of Chapter VII of the Charter of the United Nations. Rwanda’s attitude in that regard, highlighted by a United Nations Group of Experts operating under a mandate set out by a binding resolution, constitutes an illegitimate use of force against the territorial integrity and political independence of the Democratic Republic of the Congo. In flagrant violation of the Charter of the United Nations, it contravenes the principles of peaceful coexistence, international humanitarian law, the protection of human rights and the peremptory norms of international law. As I address the issue of consecutive sanctions violations of the arms embargo, allow me also to recall the sanctions imposed on certain M-23 leaders last year. It is appropriate to note that sanctions are useful only when they have a direct impact. In other words, they have to demonstrate their effectiveness by achieving the designated goal. The sanctions announced by the United States Department of the Treasury and by the United Nations last year fall far short in addressing all the conclusions of the Group of Experts, which, in addition to the M-23 rebels, has clearly implicated Rwanda and Uganda, the host countries helping them to reorganize in order to perpetuate instability in the Democratic Republic of the Congo. In spite of the overwhelming evidence reported by МONUSCO and the Group of Experts, Rwanda — as always — denies the facts brought before it, unable to refute even a single fact overwhelmingly implicating it in the destabilization of the Democratic Republic of the Congo. Likewise, that country, which is also a member of the Security Council, continues to refuse to implement the sanctions on which it has voted. That is especially clear in the case of the leaders of the former M-23 who have long remained on the current list of persons targeted by sanctions imposed by the United Nations, the European Union and the United States, and who have been protected by Rwanda, where they have found shelter. In July 2013, my Government formally requested the extradition of four M-23 leaders in Rwanda, to the Democratic Republic of the Congo, namely, Innocent Zimurinda, Baudouin Ngaruye, Eric Badege and Jean- Marie Runiga Lugerero. Rwanda has never responded to my Government’s request. It is incumbent upon the Council to require those countries, and Uganda, to cooperate in arresting and transferring the criminals to the appropriate international and Congolese judicial bodies. My Government again thanks the entire international community for having clearly reported, through the Group of Experts, Rwanda’s involvement in destabilizing the eastern part of the Democratic Republic of the Congo. I request that the Council account for all of the consequences arising from the violation by Rwanda and Uganda of the Council’s own resolutions regarding the arms embargo and the sanctions regime. The Council is aware of human, material, testimonial and documentary evidence of Rwanda’s aggression. Faced with this tragedy, the Government of the Democratic Republic of the Congo, along with the entire Congolese people and the rest of the international community, expect the Council to take a firm and unequivocal stand in line with the implementation of sanctions. In order to be credible and effective, sanctions must be carefully targeted and vigorously enforced. We firmly believe that sanctions will enable the swift restoration of peace in the Democratic Republic of the Congo and throughout the region. They will also prevent the continuing illegal exploitation of natural resources and other wealth of the Democratic Republic of the Congo, against the backdrop of rebellions supported by external Powers. With respect to resolution 2136 (2014), which the Council just adopted, everyone is familiar with the practice established by the Council regarding the drafting of such a resolution. Nevertheless, it seems to us that the method followed in drafting the current resolution did not respect such practice. The resolution is based on the report of the Group of Experts and concerns the situation in the Democratic Republic of the Congo. It involves obligations on the part of the Democratic Republic of the Congo and all of its people. We believe that all of the explanations provided regarding the FDLR could have been included in another resolution on Rwanda on the occasion of the twentieth anniversary of the Rwandan genocide, which was committed by Rwandans against Rwandans, on Rwanda territory  — a genocide in which the Democratic Republic of the Congo was never involved, either closely or from a distance. On the other hand, all of the contents of the original text upon which basis the Council should have expressed its concern about reports indicating the resumption of the M-23’s military activities  — namely, recruitment  — were simply set aside, perhaps to please Rwanda. In conclusion, my delegation would like to take this opportunity to especially thank Secretary-General Ban Ki- moon for his personal involvement in resolving the conflict in the Democratic Republic of the Congo. Equally, thanks also go to Her Excellency Mrs. Mary Robinson, Special Envoy of the Secretary-General for the Great Lakes Region of Africa, for her remarkable efforts in carrying out the important mission entrusted to her by the Secretary-General. I cannot forget the positive work of MONUSCO, headed by Mr. Kobler, Special Representative of the Secretary-General for the Democratic Republic of the Congo, whose courage and determination I commend, as well as the support of the МONUSCO Intervention Brigade to the FARDC. Finally, I cannot sufficiently thank the members of the Security Council for the continued valuable initiatives taken to re-establish peace in my country.

The representative of Rwanda has asked for the floor to make a further statement.

I would like to briefly respond to what my colleague, the representative of the Democratic Republic of the Congo, has just said. I was not supposed to take the floor, but he has pushed me to do so. I listened to the representative of the Democratic Republic of the Congo speak about Rwanda. It is important to mention that the Democratic Republic of the Congo is 80 times larger than Rwanda  — larger than nearly all of Western Europe  — while Rwanda represents a tiny spot on the African continent. One would think the opposite is the case. The Democratic Republic of the Congo is a very large and rich country; whereas Rwanda is a small, land-locked country that is trying move on from its many problems. During yesterday’s debate, the President himself referred to the United Nations Operation in the Congo, a missison deployed 54 years ago. Rwanda was still under the colonial yoke at that time. It has been more than half a century that the Democratic Republic of the Congo has had these problems. Rwanda is there to help. When I hear the representative of the Democratic Republic of the Congo accuse countries such as Uganda, it sounds like a total lack of gratitude to Mr. Museveni, who was the Chair of the International Conference on the Great Lakes Region and who tried to help that country. I do not know if the Government of the Democratic Republic of the Congo asked its representative to come to the Council to accuse Uganda, but it is painful to hear him say such things. I am not the representative of Uganda, but those of us from the region ought to thank President Museveni for everything he has done to ensure regional stability. I will stop there on the issue of Uganda. I now return to Rwanda. The representative of the Democratic Republic of the Congo spared no words in his statement concerning the illegal exploitation of the resources of his country. But those resources are in the Democratic Republic of the Congo. Why then does the Democratic Republic of the Congo have such problems? Let us say that there are those who have gone to the Democratic Republic of the Congo to steal its resources. What is the current situation there? We are ready to help the Democratic Republic of the Congo as we did after the genocide. We did everything we could to help the Government of the Democratic Republic of the Congo to stabilize the country. The representative of the Democratic Republic of the Congo might not even be in the Council today in his current capacity if Rwanda and the Rwandan army had not helped his country. We are not there to destabilize the Democratic Republic of the Congo. We have absolutely no interest in destabilizing the Democratic Republic of the Congo. It is true that more than 600 rebels of the Mouvement du 23 mars (M-23) are in Rwanda. Since last year the Council has heard me implore and plead for the Democratic Republic of the Congo to come get those people, but nobody lifts a finger. What do they want us to do? Should we shoot them? No, we uphold the rule of law and we respect human rights. If the Office of the United Nations High Commissioner for Refugees does not want to do its work, it is not for us to ask it to do so. The Democratic Republic of the Congo has asked us to extradite people. If international courts want access to these people in Rwanda they should come retrieve them, as we did with others who belonged to M-23. We abide by international law. The time has come for the Democratic Republic of the Congo to stop whining every time it comes before the Council and to stop bashing Rwanda. The representative of the Democratic Republic of the Congo comes to the Council to shout loud and clear in praise of the so-called Group of Experts and its report (S/2014/42, annex). He should read the report carefully because it states that the Forces armées de la République démocratique du Congo are collaborating with the Forces démocratiques de libération du Rwanda (FDLR). Obviously, we have our own information. Perhaps the representative of the Democratic Republic of the Congo wishes to retract his praise? To summarize, we have no interest whatsoever in seeing the Democratic Republic of Congo collapse. We are neighbours and we share many things. We have shared many good things together, and his Government knows that very well, as does he. It is not for us to start smashing things up. I ask that we end this scurrility of coming time and again to this Chamber to sow discord. Enough is enough. It is time to stop. Let us sit around the table, try to help each other and see how the region could be peaceful. The representative of the Democratic Republic of Congo alluded to the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region. We are ready to sit down with the Democratic Republic of Congo. We are ready to help the Democratic Republic of Congo and its inhabitants with our meagre resources. We did so before, we are doing so now and we will continue to do so. I do not believe that this is the appropriate forum to throw stones at Rwanda, which is in a position to help the Democratic Republic of the Congo. As for the FDLR, it is true that the genocide was committed by Rwandans against their Rwandan brothers, but unfortunately they now live in the Democratic Republic of Congo. That is where they are. The evil resides in the Democratic Republic of Congo. They are our brothers; we cannot reject them. When they return, we will take care of them. We will try to integrate them into everyday social life. However, if certain mentalities persist and if the Democratic Republic of Congo continues to help people who espouse a genocidal ideology, we will never get beyond this chapter. If necessary, certain punitive measures will be taken. However, I hope that today will be the very last time that we come to the Council to throw stones, as if we had no other place to solve our own problems in the days to come. It is for the good of the entire region and the world. Uganda will not set up a concentration camp for the M-23. Measures are in place and will be taken, and that is also the case for Rwanda. A framework is in place to deal legally with those problems. This is not the context in which to address those issues.

The representative of the Democratic Republic of Congo has asked to take the floor a second time. I now give him the floor.

I would like to respond to the statement just made by the representative of Rwanda, a Security Council member. The Democratic Republic of the Congo is a sovereign country that does not take orders from the representative of Rwanda, even if his country is a member of the Security Council. He has no business forbidding us to come to this international body to present our problems, as other States do. What we said earlier is not something we have invented; the information was provided by the experts whom the Security Council has mandated to go into the field. It is those experts who gathered the facts and recorded them. If Rwanda wishes to object to what the experts say, it must address itself to the experts appointed and mandated by the Council, including Rwanda itself. But the representative of Rwanda cannot tell the Democratic Republic of the Congo to shut up and to never bring its problems before the Council again. We are a sovereign country. He must respect us as such and end such arrogance. With regard to the FDLR, as that is the important issue which he keeps coming back to, the Council has heard what I said. The Democratic Republic of the Congo remains open. The Democratic Republic of the Congo chooses a constructive solution because it wants peace. As I said, the Democratic Republic of the Congo wants peace not only throughout its territory but also with its neighbours, because it is by living in peace that we can bring about integration projects and develop our region. Ambassador Gasana said that Rwanda was helping the Democratic Republic of the Congo and wanted to help it. We want to have a dialogue with people who are sincere, who are not hypocrites and who say clearly what they want, but not to people who say “yes” when they really mean “no”. The Council well knows that the United Nations initiated an instrument that should restore peace in the region  — the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region. That agreement is not observed by Rwanda or Uganda. It is not us who are saying that. On 13 January here before the Council, you, Mr. President, heard the briefing by Mrs. Robinson (see S/PV.7094). In her intervention, she clearly said that. Let Rwanda tell Mrs, Robinson that she, not the Democratic Republic of the Congo, is telling lies because we want peace. When we point out those facts, are we supposed to come here to be lectured to by Ambassador Gasana. He should respect our country. He should stop that arrogant attitude. We are a sovereign State. We can come here and speak about our country because we know that we should bring all such problems here in order for peace to be restored in our country. As I said with regard to the FDLR — the Council followed my statement — we are open. We do not reject things, as they do. Members are here in the Council with them all the time and follow the discussions. But we know how that country behaves here in the Council. It has never accepted anything, but systematically denies all the evidence, even what is clear to everyone. It fails to see it. On the FDLR, agains we say that we are open. We want the experts to help us and give us specific information and avenues that we can follow to carry out investigations. That desire of ours is clearly reflected in the report before the Council (S/2014/42, annex). Members themselves can see that in the report, and see the efforts that my country has made to combat the FDLR and hunt them down. Rwanda is present in our Congo — I do not know how long it has been — and Ambassador Gasana could tell us how many FDLR members his country’s army has arrested. On the other hand, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) can also provide evidence. Our army has handed over FDLR members to MONUSCO, who were sent to Rwanda and then were recycled and sent back to the Congo in order to continue to perpetuate this ongoing situation, of which we are all aware. The evidence is there, so Rwanda cannot come here and tell us that it wants to help us. The Congo has helped Rwanda. You yourself, Ambassador Gasana, were trained by the Congo. You know that. I will not dwell on that. I say once again that we desire to peace. We want peace and to enter into dialogue with people who are sincere and who want to be constructive and forget the past, as you, Mr. President, said here in yesterday’s debate (see S/PV.7105), so that the Great Lakes region can move forward. But we do not want to talk to people who have other ideas in mind and want to stop the Great Lakes region from making progress, who want to continue to stir up difficulties and war for others because that makes them happy. We do not want that. That is what I wanted to say in answer to Ambassador Gasana. I thank you, Mr. President, for allowing me to come and talk about such things, although this is not really the sort of discussion that we should really be having here.

The Security Council has thus concluded the present stage of its consideration of the item on its agenda. As this is the last meeting of the Council for the month of January, I would like to express the sincere appreciation of the delegation of Jordan to the members of the Council, especially my colleagues the Permanent Representatives, their respective staff and the secretariat of the Council for all the support that they have given to us. It has been a busy month, in which we rallied to consensus on several important issues within our purview. We could not have done it alone and without the hard work, support and positive contributions of every delegation and the representatives of the Secretariat, as well as the interpreters, translators, meetings services personnel and sound engineers. As we end our presidency, I know that I speak on behalf of the Council in wishing the delegation of Lithuania good luck in its presidency of the Council in the month of February.