S/PV.7410 Security Council

Under 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. On behalf of the Council, I welcome His Excellency Mr. Raymond Tshibanda N’tungamulongo, Minister for Foreign Affairs and International Cooperation of the Democratic Republic of the Congo. In accordance with rule 39 of the Council’s provisional rules of procedure, I invite the following briefers to participate in this meeting: Mr. Martin Kobler, Special Representative of the Secretary- General and Head of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, and Mr. Said Djinnit, Special Envoy of the Secretary-General for the Great Lakes Region. The Security Council will now begin its consideration of the item on its agenda. I wish to draw the attention of Council members to document S/2015/172, which contains the report of the Secretary-General on the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo. I also wish to draw the attention of Council members to document S/2015/173, which contains the report of the Secretary-General on the implementation of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the region. I now give the floor to Mr. Kobler.

I would first like to congratulate France on its assumption of the presidency of the Security Council for the month of March. It is as always an honour to appear before the Council to present the latest developments in the Democratic Republic of Congo and the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO). In the coming days the Council will adopt a resolution that will give MONUSCO its new mandate. I thank you, Mr. President, for having given us the means to fulfil our mission, as I thank you, Sir, for also having understood and supported us in difficult times. (spoke in English) The mandate renewal consultations are a welcome opportunity to look back on what has been achieved over the past year, whether MONUSCO is still well placed to fulfil its mandate and what adjustments could be made in the year to come to work more efficiently. First of all, I would like to thank the Government of the Democratic Republic of the Congo, and in particular its Minister for Foreign Affairs, Mr. Tshibanda, with whom we have always cooperated in an open and frank spirit. MONUSCO is a temporary guest in his country, a service provider for the Congo, and at the same time a firm advocate of the values of the United Nations. In the presence of Foreign Minister Tshibanda last Saturday, I had the chance to discuss with President Kabila the current state of affairs in the country, in particular the relationship between the Government and MONUSCO. We agreed on a structured dialogue to discuss issues of concern. I will now update the Council on four points. First, I will discuss the upcoming elections of 2015 and 2016. Secondly, I will brief the Council on the security situation in the country, including the implementation of the United Nations human rights due diligence policy. Thirdly, I will address stabilization efforts and the restitution of State authority. Fourthly, I will discuss how to return to a constructive relationship with the Government by establishing an atmosphere of trust. My first point is the upcoming elections. I welcome the publication of the global electoral calendar on 12 February, which shall lead to the holding of presidential and legislative elections in November 2016. As demonstrations in Kinshasa, Bukavu, Goma and Lubumbashi in January have shown, the people of the Democratic Republic of the Congo care about the holding of timely elections. These elections will be a pivotal moment in the history of the Democratic Republic of the Congo. If so requested, MONUSCO is ready to support the elections logistically, technically and with its good offices. We are determined to support peaceful elections within the framework of the Constitution. In addition, the Secretary-General spoke on the constitutionality of elections at the twenty-fourth African Union summit in January. As resolution 2147 (2014) has spelled out, all relevant parties are responsible for maintaining an environment conducive to the holding of free, fair, credible, inclusive, transparent, peaceful and timely elections, which includes a free and constructive political debate, freedom of expression, freedom of assembly, equitable access to media, including State media, safety and freedom of movement for all candidates as well as for election observers, journalists, human rights defenders and actors from civil society, including women. This is what I mean when I speak of defending the values of the United Nations. I am concerned about the arrest of several dozen civil society actors the other day. Political space for civil society is a prerequisite for credible elections. Coming to my second point, security, when the United Nations Observer Mission in the Democratic Republic of the Congo (MONUC) arrived in the country some 15 years ago, the country was socially, economically and politically shattered. When MONUC arrived, the country was at civil war. Today, the country is unified. There is a clear, shared and celebrated Congolese identity. It is no longer at war, nor is it in transition. It is a proud nation. Over this period, the Congolese Government has striven to restore security to its people. It has succeeded in freeing much of the territory from the terror of armed groups. The presence of armed groups is limited to the eastern provinces of the country today. However, the overall security situation is still not stable, nor is whatever stability there is irreversible. Many still live in fear of rape, of attack, of being robbed of already meagre possessions. This fear affects nearly every aspect of daily life in the east — fear to walk to school, fear to go to the market, fear to tend to the fields. With more security in more places, the time will come for MONUSCO to begin its gradual drawdown. MONUSCO will not stay in the Democratic Republic of the Congo forever; we look forward to the day when it can leave the country, with continuing development support transferred to our colleagues in the United Nations country team. Yes, the Congo has more security than before. Yes, it is on the way to stability. However, more must be done to reduce the threat from armed groups and violence against civilians to a level that can be effectively managed by Congolese institutions. More must also be done to achieve stability by establishing functional, professional and accountable State institutions and strengthening democratic practices. The drawdown should be aligned with progress in those areas. Any exit by MONUSCO should be gradual, progressive and tied to specific targets to be jointly developed by it and the Government. We should therefore aim to consolidate peace and leave behind a peaceful Congo on the path to prosperity. In the area dominated by the Allied Democratic Forces (ADF), the terrorist attacks — torture, mutilations, beheadings — have been reduced. Recently, in and around Beni, almost 300 people, including women and children, even toddlers, were mutilated as they died in terrorist attacks. As I speak to the Council now, the ADF rebels, hiding in the jungles of Kamango, are being pursued by brave soldiers of the Forces armées de la République démocratique du Congo (FARDC), supported by MONUSCO. They have eaten together, lived together and fought together to protect Congolese families. Our combined efforts against the ADF, like the operations against the Mouvement du 23 mars two years ago, have forged a bond between the FARDC and MONUSCO soldiers. Their cooperation was truly an example of best practices, and demonstrated that when we are united we are strong. I hope it will remain so in future. The greatest threat to peace and security in the Great Lakes region still remains the Forces démocratiques pour la libération du Rwanda (FDLR). That is why the Council mandated MONUSCO to support the Government in neutralizing it, a mandate that we should be executing in support of the FARDC. We should not be divided on it. Our operations were jointly planned. We worked with the commanding generals for months in an excellent and constructive partnership. They were, however, replaced by officers who had formerly commanded units with a credible history of human rights violations. We were therefore compelled to suspend our support to the operations under their command. All other fields of operations — against the ADF, the Forces de résistance patriotiques de l’Ituri and the FDLR in South Kivu — can continue with our support, in full accordance with the human rights due-diligence policy. The decision to suspend support was based on indisputable values enshrined in the protection of human rights. We want to support the fight against the FDLR and also to implement our human rights policy. We do not want to choose between fighting the FDLR and upholding human rights. We owe that to the people of Democratic Republic of the Congo and to ourselves. Safeguarding human rights is fundamental and cannot be compromised. We are guided by that clear compass. And if I may speak personally, I am proud to work for the United Nations and its Secretary-General, with his clear Human Rights up Front policy. I know — and President Kabila himself has confirmed it to me — that the Congolese Government shares the same zero- tolerance policy regarding human-rights violations. I am confident that it will take appropriate measures to remedy this unfortunate situation. However, to avoid any potential misunderstanding, I should say that MONUSCO is fully committed to fighting the FDLR. It is also committed to respecting the human rights due-diligence policy. There is no purely military solution to the problem of the FDLR. It must be followed by effective non-military initiatives, including a well-functioning demobilization and repatriation process and effective extension of State authority, if we want to have sustainable solutions. In that regard, I still cannot be satisfied with progress so far. Surrendered FDLR elements are still in the camps of Kanyabayonga, Walungu and Kisangani, where they maintain an intact and functioning military structure. A few FDLR combatants have disarmed, yes, but even their demobilization has not started yet, let alone their repatriation. I now turn to my third point, the stabilization and restitution of State authority. For peace to be sustainable, we need more than military action. Understanding and addressing the root causes of the conflict is essential to disrupting persistent cycles of violence. I would like to update the Council on recent developments. MONUSCO has recently created an natural-resources crime task force with the United Nations Environment Programme and the Special Envoy of the Secretary- General for the Great Lakes Region. In addition to helping to safeguard the natural wealth of the country for future generations, the Mission, within the limits of its mandate, will explore ways to contribute to addressing the underpinnings of conflict in Congo. We are no longer dealing only with armed groups, but also with well-organized criminal gangs. The exploitation of natural resources in the eastern Democratic Republic of the Congo is valued at more than $1 billion per year. Part of it is illegally smuggled out of the country, and an estimated 98 per cent of the net profits from the illegal exploitation of natural resources, mainly gold, charcoal and timber, goes to transnational organized criminal networks. Rebel groups retain only 2 per cent of the profits from illegal smuggling. How many hospitals could be built if illegal trade became legal? How many kilometres of roadways rehabilitated? How many teachers paid? The objective is clear — gold should be turned into taxes, taxes into schools and schools into a prosperous future. (spoke in French) I would like to end with a fourth point, and here I will also direct my comments to His Excellency Mr. Raymond Tshibanda, Minister for Foreign Affairs of the Democratic Republic of the Congo. On 15 February, President Joseph Kabila expressed his opinions about MONUSCO’s actions and results. If we are to achieve better cooperation, we must create an atmosphere of trust. We should not forget that the Government and MONUSCO are on the same page when it comes to our goals — the well-being of the people, the end of violence in the eastern part of the Democratic Republic of the Congo, and also the Mission’s departure. We are here to serve the people, and we are therefore also here to provide our services to the Government. Our willingness to leave the country is real and unequivocal, and we know the Government desires it too. MONUSCO’s departure must be tied to results and concrete improvement of the situation on the ground. Until then, we need to start finding concrete ways to improve the situation and relations right now. I therefore propose to the Government that we reset cooperation on a basis of mutual trust. Finally, as always, I should commend those of my colleagues who have recently distinguished themselves. I would like to pay tribute to all the officers of MONUSCO and UNICEF’s child protection sections. Every day, hand-in-hand with the FARDC, they free children from the armed groups’ grasp. More than 1,000 were liberated in 2014. In the first three months of 2015, more than 160 child soldiers have managed to escape the FDLR and find refuge with MONUSCO. That is a true success story. I would like to take this opportunity to express my gratitude to the Security Council for the support it has always given us.

I thank Mr. Kobler for his briefing. I now give the floor to Mr. Djinnit.

I have the honour to present the sixth report of the Secretary-General on the implementation of the Peace, Security and Cooperation Framework for the Democratic Republic of the Congo and the Region (S/2015/173). I am pleased to do so under the presidency of France, whose support and contributions to achieving the aims of the Framework Agreement, together with those of the other members of the Council, I welcome. Two years on from the signing of the Framework Agreement in Addis Ababa, which breathed new life into efforts seeking to stabilize the Democratic Republic of the Congo and lay the groundwork for regional cooperation, the region remains at a crossroads. The crises that have broken out in the Central African Republic and South Sudan serve to remind us that the region as a whole remains vulnerable to factors of instability. Despite the significant progress made in establishing an atmosphere of peace and security, major challenges remain to be overcome in order to achieve the objectives of the Framework Agreement. Those include, first, the neutralization of the armed groups operating in the eastern Democratic Republic of the Congo. These negative forces continue to commit violence against the civilian population, particularly against women and children, to illegally exploit natural resources and to fuel a climate of mistrust among the countries of the region. Since taking office, I have made it a priority to mobilize the countries of the region and other stakeholders around that goal. I have encouraged the military operations conducted by the Forces armées de la République démocratique du Congo against the Allied Democratic Forces with the support of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO), and I went to Beni with my colleague Martin Kobler and the Special Representative of the Chairperson of the Commission of the African Union, Mr. Boubacar Diarra, to encourage collaboration. My Office has also worked together with the stakeholders to implement the Nairobi declarations, including for the repatriation of the former combatants of the Mouvement du 23 mars (M-23) from Rwanda and Uganda. To date, a small number of them have agreed to return to the Democratic Republic of the Congo as part of the repatriation plan agreed with Uganda, while the repatriation process has yet to commence with Rwanda in follow-up to the visit of the delegation of the Democratic Republic of the Congo to Kigali in February. Everything must be done to turn the page definitively on the chapter of the M-23 rebellion so that all energies can be focused on the other negative forces. At the same time, I joined in efforts encouraging the launching of military action against the Forces démocratiques de libération du Rwanda (FDLR) following the passing of the deadline of 2 January 2015. I took part in the series of consultations organized by the International Conference on the Great Lakes Region (ICGLR) and the Southern African Development Community (SADC) towards the end of last year. I welcome the consensus that eventually emerged on this sensitive issue. I take this opportunity to congratulate the Democratic Republic of the Congo and its armed forces on the military operations they launched against the FDLR. I encourage once again the Government of the Democratic Republic of the Congo and MONUSCO to resume their full cooperation in the framework of operations against the FDLR and to strengthen their partnership through a structured strategic dialogue. During my meeting with President Kabila on 13 March, he assured assured me of the Government of the Democratic Republic of the Congo’s readiness for such dialogue. Secondly, in my various interactions in the region, I encouraged efforts and called for initiatives aiming to improve relations among the countries of the region with a view to resolving misunderstandings and suspicions and building the level of trust needed for progress in the Framework Agreement process. I want to thank President Dos Santos, in his capacity as Chairman of the ICGLR, and other leaders of the region for their commitment in that regard. I reiterate my readiness to support these efforts at reconciliation among States so as to promote a climate that is more conducive to cooperation. In that context, I welcome the intention of President Kabila to convene a summit of the Economic Community of the Great Lakes Countries. Finally, aware that the region was embarking on an election cycle that would be crucial for strengthening democracy and stability, I sought, in liaison with my United Nations colleagues in the region and the group of Special Envoys, to provide my contribution to efforts aimed at encouraging the holding of inclusive, transparent and peaceful elections. We will continue to make efforts to help the countries of the region to make of those elections opportunities to strengthen their democratic achievements and stability, in accordance with the spirit of the Framework Agreement. Beyond those crucial actions, we must tackle the other underlying causes of the instability in the eastern Democratic Republic of the Congo and the region, as per our commitments under the Addis Ababa Framework Agreement. To that end, in liaison with the ICGLR and all stakeholders, my Office will contribute to the initiatives — already under way or planned — in order to create conditions conducive to the return of refugees, reconciliation among local communities and lasting solutions to the complex issues of citizenship and land. That area of work and others, such as the fight against the illegal exploitation of natural resources and the promotion of regional judicial cooperation, are among the priority actions of my road map. In terms of economic development, I am pleased to note the many development and cooperation initiatives launched in recent years, in particular the various regional development corridors. My Office is working to support those commendable efforts, including by organizing this coming July — in collaboration with the World Bank, the European Union and the African Union — a conference for partners focusing on regional development issues in the Great Lakes region. Moreover, following the regional consultations held in Luanda in December 2014, which endorsed the investment opportunities document, my Office and the ICGLR, with the support of other partners, began making preparations for the conference on private sector investment in the Great Lakes region, to be held in Kinshasa in the last quarter of 2015. That first conference of its kind aims to promote investment and job-creation opportunities, strengthen public-private partnerships and create a platform for exchange among investors. The conference will enhance the prospects for peace through investment opportunities in the region. The participation of civil society and women’s organizations in efforts aiming to end instability and facilitate the implementation of the Framework Agreement is essential. In that regard, efforts are under way to establish a regional coalition of civil society, with the joint support of my Office and ICGLR Executive Secretariat. We are likewise working closely with the ICGLR to strengthen initiatives in favour of women that contribute to peace in the Great Lakes region. In that respect, the Women’s Platform for the Framework Agreement, launched by Mary Robinson, continues, under my auspices, to support the political and economic empowerment of women, including through the financing of socioeconomic activities. I am pleased to inform the Council that the first round of grants from a special trust fund established by my Office to support the Women’s Platform was awarded in November 2014 for women’s organizations from Burundi, the Democratic Republic of the Congo, Rwanda and Uganda. I want to thank the Governments of the Netherlands, Ireland and Norway, which contributed to my Office’s special trust fund. (spoke in English) In conclusion, let me say a few words on the governance structures and monitoring mechanisms of the Peace, Security and Cooperation Framework. The current regional context calls for the strengthening of these structures and mechanisms in order to maintain momentum to effectively deliver national, regional and international commitments through proactive engagement within the Regional Oversight Mechanism and an enhanced role for the Technical Support Committee. In the weeks ahead, I will consult with the leadership of the African Union and the other co-guarantors of the Framework Agreement, the ICGLR and SADC, on the best ways to improve the Framework’s governance structures and monitoring mechanisms. Let me also put on record my appreciation for the cooperation I am receiving from the signatory countries and the excellent collaboration developed with my colleagues in the region, especially Special Representative of the Secretary-General Kobler and Special Envoy Uteem, as well as the United Nations system in the Great Lakes region. I wish to express my appreciation for the good cooperation we have forged with the African Union, as the co-promoter of the Peace, Security and Cooperation Framework process, and the other co-guarantors of the agreement — ICGLR and SADC. I would like to also thank my fellow Special Envoys, including Russ Feingold, who recently left his position after 18 months of brilliant service, for their support and contribution. Sustaining the momentum of the Framework agreement lies in the continued commitment of the signatory countries and concerned stakeholders. I wish, in this regard, to continue to count on the continued engagement and support of the Council. The Democratic Republic of the Congo and the Great Lakes region have made considerable progress in overcoming the tragedies of the past, but they have yet to achieve irreversible progress for lasting peace. I reiterate my commitment to working tirelessly and joining hands with regional and other stakeholders towards delivering the promises of the Framework agreement and assisting the region in fulfilling its aspirations for shared peace and prosperity.

I think Mr. Djinnit for his briefing. I now give the floor to the Minister for Foreign Affairs and International Cooperation of the Democratic Republic of the Congo.

I thank Minister Tshibanda N’tungamulongo for his statement. There are no more names inscribed on the list of speakers. I now invite Council members to informal consultations to continue our discussion on the subject.