RECOMMENDATIONS FOR MILITARY JUSTICE ASSISTANCE TO

UNCLAS SECTION 01 OF 02 KINSHASA 001248 SIPDIS SIPDIS OSD FOR MELLINGTON STATE FOR G/IWI (OBLUM) E.O. 12958: N/A TAGS: PGOV MOPS KDEM KWMN PREL PHUM CG SUBJECT: RECOMMENDATIONS FOR MILITARY JUSTICE ASSISTANCE TO THE DRC REF: KINSHASA 1232 Second in a series. ¶1. Summary. The Defense Institute for International Legal Studies (DIILS) has prioritized a set of recommendations for U.S. assistance to the Congolese military justice sector. It recommends immediate implementation of training for military magistrates, to give priority focus to the investigation and prosecution of sex crimes, an area where many soldiers have been implicated. Military justice can contribute significantly to a decrease in violence against women in the DRC and is a critical area for long-term security in the DRC. USG involvement can make a positive contribution, although DIILS' mission and capabilities is limited in scope. Additional funding and partners should be identified soon and committed to the program. End summary. ¶2. DILLS' groundbreaking assessment of the Congolese military justice sector prioritized a series of short, medium, and long-term recommendations for U.S. assistance, from infrastructure to expertise (reftel). The recommendations are listed in paragraph 5 below. ¶3. In the short term, the report recommends an initial program of training seminars for military magistrates, to be set up immediately. Subsequent discussion between the Embassy and DIILS have concluded that these seminars should focus on the prosecution and investigation of sex crimes, an area in which many government and irregular soldiers have been implicated. We have also discussed a prospective calendar for these seminars with MONUC's Rule of Law Unit (ROLU),which is eager to work closely with the USG in the sector (septel). ¶4. The report indicates that the time frames for its recommendations are notional, and proposes that assistance be routed through the Embassy for vetting in regard to policy priorities. It further notes that, due to the nature of DIILS' mission and capabilities, its potential participation is limited to training seminars, mobile training teams, CONUS visits, and DIILS resident courses. DIILS' regional program director, however, has told us that related material support (texts, references, limited amounts of hardware, etc.) could be routed through DIILS' stewardship. ¶5. In their report, the DIILS team first addressed general considerations in section A. The remaining points are summarized below according to the numbering of the actual report. Begin summary of recommendations: ¶B. Immediate Impact (six months) ¶1. Manual typewriters and office supplies ¶2. Combined mobile training seminar: sex crimes investigations (one week seminars in all 11 provinces) ¶3. Combined mobile training: military justice workshop ¶C. Near-Term Impact (six months to one year) ¶1. Military prison equipment (non-lethal equipment for guards, upgrades, etc.) ¶2. Combined mobile training seminar: DRC military trial procedures and penal code (one week seminars in all 11 provinces) ¶3. CONUS Visit: U.S. military justice visit (for selected groups of military justice practitioners) ¶4. Rehabilitate existing investigators/prosecutors' offices and military trial courts ¶5. Transportation: SUVs for investigators/prosecutors' offices ¶D. Mid-Term Impact (One year to 18 months) ¶1. Build new investigators/prosecutors' offices and military trial courts ¶2. Rebuild Ndolo Military Prison (Note: The Government of the Netherlands has already committed approximately $1.5 million to this priority. End note.) ¶3. Combined mobile training seminar: brigade and regional KINSHASA 00001248 002 OF 002 commanders ¶4. CONUS Visit: Military investigator training schools ¶5. Provide office equipment to existing investigators/prosecutors' offices and military trial courts ¶E. Longer-Term Impact (18 months to two years) ¶1. Rebuild Angenga Prison (Equateur Province) ¶2. Provide computers to military prosecutors' offices and military court offices ¶3. Combined mobile training seminar: investigator training ¶4. CONUS military justice courses End summary of recommendations. ¶6. Decreasing the incidence of sexual violence against women is one of the highest priorities of the U.S. Mission in Kinshasa. The DRC is widely believed to be among the worst (if not the worst) countries in the world for gender-based violence (per Amnesty International, Human Rights Watch, and other NGO's) and the Mission has created a task force, with USAID, CDC, DOD, and DOS participation, to coordinate its efforts. Mission, therefore, strongly supports immediate deployment of the first series of seminars, and urges financial support of the seminars throughout the medium term. As soldiers are among the worst perpetrators of violence against women, a functioning military justice system is critical for any meaningful decrease in the incidence of this phenomenon. We would also note that the GDRC has expressed a desire for greater U.S. engagement in this area, a sign that it too acknowledges the problem and wants help to deal with it. Reforms to the military justice system will produce other beneficial effects: it will not only improve the armed forces' overall performance, but also directly address the long-running problem of military impunity. ¶7. Comment, continued. The report's findings are comprehensive, but specific USG engagement should not be limited by what DIILS itself can provide -- training forms just one facet of potential engagement. Months of Embassy consultations with Congolese and international experts have identified numerous additional opportunities which could be pursued through other partners, including: providing judicial advisors for short periods to specific courts; creating regional legal resource centers (with texts, resources, and materials accessible to both military and civilian justice practitioners); or assisting with the development of a permanent training center in the Congo for personnel at any level in the system. Infrastructure support and provision of routine training for other elements of the military justice network, including judicial investigators and other courtroom personnel, with or without DIILS' direct participation, is feasible and urgent. Additional funding and partners should be identified quickly and committed to the program. End comment. BROCK