SECURITY COUNCIL DEPLORES FAILURE OF FOREIGN ARMED GROUP TO DISARM, REPATRIATE COMBATANTS FROM DEMOCRATIC REPUBLIC OF CONGO

Security Council

5275^th Meeting

SECURITY COUNCIL DEPLORES FAILURE OF FOREIGN ARMED GROUP TO DISARM,

REPATRIATE COMBATANTS FROM DEMOCRATIC REPUBLIC OF CONGO

The Security Council today, expressing its concern over the presence of foreign armed groups in the eastern part of the Democratic Republic of the Congo, deplored the failure of the Forces démocratiques pour la liberation du Rwanda (FDLR) to proceed with the disarmament and repatriation of their combatants, exhorting them to do so without further delay, in accordance with the declaration they signed in Rome on 31 March.

In a statement read out by Council President Mihnea Ioan Motoc (Romania), the Council recognized the decision taken on 16 September at a joint ministerial meeting in New York by the Democratic Republic of the Congo, Uganda, Rwanda and Burundi, within the framework of the Tripartite Plus Joint Commission, to set the deadline of 30 September for the FDLR to disarm, or face measures compelling them to do so.

Taking note also of the Secretary-General’s special report of 26 September on the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), the Council said the FDLR could no longer remain as an armed group in the Democratic Republic, demanding that it seize the opportunity to proceed voluntarily with disarmament and return to Rwanda without any delay or preconditions.  (For a detailed summary of the report, see Press Release SC/8513 of 30 September.)

Commending the political and military pressure placed on the FDLR by the Congolese Government and MONUC, the Council also welcomed steps taken by Rwanda’s Government, with the international community’s support, to peacefully repatriate FDLR members returning to Rwanda.

Also, the Council demanded FDLR’s full cooperation with the International Criminal Tribunal for Rwanda, particularly with regard to the arrest and transfer of indictees who remain at large.

Moreover, the Council noted with concern the incursion of members of the Lord’s Resistance Army into the Democratic Republic of the Congo, and welcomed the intention of the Congolese Armed Forces to disarm the group in cooperation with MONUC and in accordance with its mandate as set out in resolution 1565.

Calling on all armed groups in the Great Lakes region to lay down their arms and join the political transition processes under way in the region, the Council called on the States of the region to deepen their cooperation to end the activities of illegal armed groups.

The meeting began at 1 p.m. and adjourned at 1:05 p.m.

Presidential Statement

The full text of the presidential statement, to be issued as S/PRST/2005/46, reads as follows:

“The Security Council takes note of the special report of the Secretary-General (S/2005/603) dated 26 September 2005, on the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC).  It expresses its concern over the presence of foreign armed groups, which continue to pose a serious threat to stability in the eastern part of the country.

“The Security Council deplores in this regard the failure of the Forces démocratiques pour la libération du Rwanda (FDLR) to proceed with the disarmament and repatriation of their combatants, and exhorts them to do so without further delay and in accordance with the declaration that they signed in Rome on 31 March 2005.

“The Security Council recognizes the attached decision, taken on 16 September 2005 by the Democratic Republic of the Congo, Uganda, Rwanda, and Burundi, acting within the framework of the Tripartite Plus One Commission, to set the deadline of 30 September 2005 for FDLR to disarm or otherwise to face measures intended to compel them to do so.  FDLR can no longer remain as an armed group in the Democratic Republic of the Congo.

“The Security Council demands that FDLR seize this opportunity to proceed voluntarily with their disarmament and return to Rwanda without any delay or preconditions.

“The Security Council commends the political and military pressure placed on FDLR by the Congolese Government and MONUC.

“The Security Council welcomes the steps taken by the Government of Rwanda, with the support of the international community, to peacefully repatriate FDLR members returning to Rwanda, in accordance with the applicable norms of international law and with respect for the rights and freedoms of the human person.  The Council encourages the Government of Rwanda to continue to give the widest publicity to its commitments.

“The Security Council demands the full cooperation of FDLR with the International Criminal Tribunal for Rwanda in Arusha, particularly with regard to the arrest and transfer of indictees who remain at large.

“Moreover, the Security Council notes with concern the incursion of members of the Lord’s Resistance Army into the Democratic Republic of the Congo and welcomes the intention of the Congolese Armed Forces to disarm this group in cooperation with MONUC and in accordance with its mandate.

“Further, the Security Council calls upon all armed groups in the Great Lakes region of Africa to act without delay to lay down their arms and join the processes of political transition under way in the region.

“The Security Council calls upon the States of the region to deepen their cooperation with a view to putting an end to the activities of illegal armed groups.  It recalls its adherence to respect for the sovereignty of all States and underlines that any recourse to the threat or use of force against the territorial integrity of a State is contrary to the Purposes and Principles set out in the Charter of the United Nations.”

Attached Decision

Tripartite Plus Joint Commission Ministerial

Waldorf Astoria Hotel

New York, New York

16 September 2005

Summary of decisions

Members of the Tripartite Commission commended Burundi’s successful political transition, officially welcomed Burundi as a full participant and adopted the new name Tripartite Plus Joint Commission.

The Tripartite Plus members

-– reiterated their commitment to prevent negative elements from using their respective territories to destabilize neighbouring countries.

-- agreed to continue military and political pressure on the FDLR to ensure that it fulfils its commitment to disarm and repatriate.

-- agreed to continue military and diplomatic pressure on all other militia to ensure their disarmament and repatriation or reintegration.

-- agreed to retain 30 September 2005, as the deadline for voluntary disarmament and repatriation or reintegration and that failure to do so would trigger imposition of sanctions.

-- agreed that the Tripartite Joint Commission has contributed to the reduction of tension in the Great Lakes region and that additional confidence-building measures are necessary to bring stability to the area, including:

   • DRC authorization of a Ugandan office in Beni to encourage, in conjunction with MONUC and the DRC, the disarmament and repatriation or reintegration of ADF, NALU and PRA.

   • Consideration of how to extradite Mutebusi, Nkunda and other leaders of armed groups.

   • Articulation of the mechanisms the U.S. and EU should employ against all militia operating in eastern DRC by members of the Tripartite.

-- agreed to have the EU, in conjunction with the GOR, draft an information package for distribution to the FDLR that outlines measures to encourage their disarmament and repatriation or reintegration.

-- welcomed the African Union’s announcement of plans for an October reconnaissance mission that will lead to recommendations on how to proceed with the establishment of an AU force in eastern DRC.

-- welcomed the continued effort of the international community to augment and build the capacity of the FARDC in order to bring stability to eastern DRC.

-- agreed that MONUC’s response in eastern DRC had improved, but that additional capacity was necessary to enforce its mandate.

-- agreed that the facilitator will draft a timeline of actions by the Tripartite members and Contact Group through 31 December 2005, that are aimed at ensuring stability in the Great Lakes region, to include:

   • Develop sanctions that will be imposed on militia after 30 September 2005 should voluntary disarmament not occur.

   • Install Tripartite Fusion Cell (TPC) in Kisangani and Tripartite Plus member capitals.

   • Develop and distribute an incentive package to encourage FDLR and other militia to return to their country of origin.

   • Undertake an AU reconnaissance mission in the DRC.

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For information media • not an official record