I. Introduction
1. By paragraph 10 of its resolution
1649 (2005) of 21 December 2005, the Security Council requested me to submit,
in close coordination with all relevant stakeholders and in particular
the Government of National Unity and Transition of the Democratic Republic
of the Congo, a comprehensive and integrated strategy for the disarmament,
repatriation and resettlement of foreign combatants, incorporating military,
political, economic and justice-related aspects, including the contribution
of the United Nations Organization Mission in the Democratic Republic of
the Congo (MONUC) within its current mandate, in accordance with the applicable
norms of international law and with respect for the rights and freedom
of the human person.
2. In paragraph 14 of the same resolution, the Council requested me to submit observations and, if necessary, recommendations concerning the letter addressed to the President of the Council on 21 October 2005 by the Ministers representing Burundi, the Democratic Republic of the Congo, Rwanda and Uganda on the Tripartite Plus Joint Commission (S/2005/667). In that letter, the Ministers recommended that the Council authorize MONUC to use all necessary means, within its capabilities and in the areas where its armed units are deployed, to disarm any armed group, foreign or Congolese, that operates in the eastern Democratic Republic of the Congo. The Ministers also recommended that the Council call on the donor community to redouble its efforts in the provision of assistance needed for the integration, training and equipping of the armed forces and of the national police of the Democratic Republic of the Congo, and urge the Government of National Unity and Transition to work with its friends to facilitate and expedite cooperation to this end.
3. The present report is submitted pursuant to those requests. By a note verbale dated 9 February, MONUC drew the attention of the Governments of the Democratic Republic of the Congo, Uganda, Rwanda and Burundi, the African Union and the International Committee in Support of the Transition to the provisions of resolution 1649 (2005) cited above, and sought their views on the formulation of a comprehensive and integrated strategy for the disarmament, repatriation and resettlement of foreign armed groups on the territory of the Democratic Republic of the Congo. This was followed by special consultations conducted in Kinshasa, Kigali, Kampala, and Bujumbura, with the respective Governments. At the same time, consultations were held in New York with some Member States and other international stakeholders.
II. Assessment of the foreign armed groups
4. In April 2002, I provided the Security Council with an assessment, contained in document S/2002/341, of the number, location, leadership, structure and armaments of the foreign armed groups in the Democratic Republic of the Congo. At that time, MONUC estimated the likely maximum number of foreign combatants on the territory of the Democratic Republic of the Congo at approximately 17,500. The statistics in annex I to the present report show that more than 13,000 combatants and their dependants have been repatriated to their countries of origin - Uganda, Rwanda and Burundi - since the United Nations-led repatriation operations began. Of the total repatriated, more than 8,000 were combatants, of whom more than 4,300 were Rwandan citizens. At least 150 foreign combatants have been killed in operations conducted by the Armed Forces of the Democratic Republic of the Congo (FARDC).
5. The current total number of foreign combatants is estimated at between 8,000 and 9,000, about 5,000 foreign combatants being in North Kivu and 3,000 to 3,500 in South Kivu. Of these, most belong to the Forces démocratiques de libération du Rwanda (FDLR), with perhaps as few as 600 Ugandan Allied Democratic Forces/National Army for the Liberation of Uganda (ADF/NALU) and a small handful, in the low hundreds at most, being the remnants of the Burundian Forces nationales de libération (FNL).
6. Success in inducing Rwandan combatants to enter the United Nations-led process of disarmament, demobilization, repatriation, resettlement and reintegration has been directly linked to the level of confidence and security in North and South Kivu. Actions taken by the Transitional Government to extend its authority, particularly in South Kivu late in 2003, led directly to a rise in repatriation rates. The FDLR declaration in Rome on 31 March 2005 that it would denounce the Rwandan genocide, renounce the use of force and enter the disarmament, demobilization, repatriation, resettlement and reintegration process also stimulated some moves towards repatriation, albeit belatedly and below expectations. However, any rise in tension over the past few years, including threats of invasion, armed attacks or mutinies, has had an immediate negative impact on repatriation rates. Aggressive military action in 2003 by forces of the then Rassemblement congolais pour la démocratie-Goma (RCD-G) scattered groups of FDLR who were preparing to enter the disarmament, demobilization, repatriation, resettlement and reintegration process, while the violent attack on Bukavu by the forces of Laurent Nkunda in June 2004 halted repatriation from South Kivu for more than a year.
7. In view of the absence of political or ceasefire agreements with the foreign armed groups, except for the Burundian combatants, who left following the successful peace process in their country, nearly all the combatants and their dependants who have left the Democratic Republic of the Congo have been repatriated by MONUC.
III. Strategy for the disarmament, repatriation and resettlement of foreign combatants
8. The MONUC strategy towards the foreign armed groups has evolved over time, not only in response to adjustments in the mandates of the Security Council but also in the light of the growing understanding of the situation on the ground that MONUC has gained through its own extended local contacts. Several important political, military, socio-economic and justice-related measures based on incentives and disincentives have been put in place by the international community to resolve the foreign armed group problem. The current strategy of MONUC is based on ensuring that the regional actors remain engaged in the process, while encouraging the Government of the Democratic Republic of the Congo to take control of its territory and ensure security for all its citizens. MONUC and other stakeholders are assisting the Transitional Government to extend State authority and strengthen FARDC and the national police to provide security. With regard to its military strategy, MONUC continues to conduct joint operations with FARDC against the foreign armed groups in the context of its protection of civilians mandate and to support ongoing efforts to strengthen FARDC to enable them to carry out their responsibilities in this regard. Consequently, the efforts of MONUC are aimed at facilitating this process and building the necessary national and regional capacity for a long-term solution.
9. In the run-up to the forthcoming national elections, the main priority of MONUC is to assist the Transitional Government in ensuring the credibility of the process and promoting a secure environment for the elections. Fewer MONUC military assets will therefore be dedicated to pursuing foreign and national armed groups that have been assessed to have neither the capacity to disrupt the electoral process nor the intention of doing so. During this period, joint operations will be aimed at containing foreign armed groups in isolated locations away from civilian population centres, thereby minimizing civilian displacement.
10. MONUC believes that the establishment of an elected and more coherent national government will help to expedite the solution of the foreign armed group problem. Such a legitimate government would also be expected to be more cohesive and to build its army and enhance its bilateral relations with its neighbours. A political solution based on national and regional reconciliation is required to address the foreign armed group problem. Consequently, the responsibility for the resolution of the problem, both now and after the installation of an elected Congolese government, rests with the Governments of the subregion. The international community and MONUC have a role in actively assisting them in this regard. Nevertheless, in the interim, the continued presence of these groups in the eastern Democratic Republic of the Congo is likely to constrain recovery and development activities in some areas.
11. The problem of foreign armed groups should be alleviated as the future incoming elected Government of the Democratic Republic of the Congo extends its political and military control throughout its territory and cooperates with its neighbours in a credible effort to remove this irritant to relations between them. In this effort, the Governments of the subregion should also take into account the existing range of legal measures, as well as the economic activities in which the foreign armed groups are increasingly engaged.
12. Recent measures taken to address the issue of foreign combatants by the Transitional Government, Governments of the region, MONUC and other stakeholders are detailed below.
Political aspects
13. My deputy Special Representative for the Democratic Republic of the Congo led a MONUC delegation to Uganda, Rwanda and Burundi from 16 to 20 March to consult senior officials in those countries on current and future disarmament, demobilization, repatriation, resettlement and reintegration strategy for foreign armed groups in the Democratic Republic of the Congo. All officials, including the President of Uganda, Yoweri Museveni, and the President of Rwanda, Paul Kagame, expressed full support for the MONUC strategy, which is to strengthen and support FARDC in addressing the foreign armed groups and to support the elected Government of the Democratic Republic of the Congo in extending its authority throughout its territory and deploying disciplined Congolese troops that are adequately trained, led and paid in order to defend its civilian population, its national borders and its natural resources, and in establishing good relations with its neighbours. MONUC explained that building the capacity of the armed forces was an essential prerequisite for longer-term security in the Democratic Republic of the Congo and the region.
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