DRC: ASSESSING THE NEED FOR INCREASED LAW ENFORCEMENT AND

UNCLAS KINSHASA 000163

SENSITIVE
SIPDIS

DEPT FOR AF/RSA Chris Pommerer, INL/AAE Aaron Alton, and DS/T/ATA
Tony Gonzalez

E.O. 12958: N/A
TAGS: PGOV SOCI KCRM ASEC CG
SUBJECT: DRC: ASSESSING THE NEED FOR INCREASED LAW ENFORCEMENT AND
JUDICIAL TRAINING


1. (SBU) Summary: The key challenges facing the GDRC's non-military
security apparatus is the corruption, limited capacity, and lack of
resources prevalent in all Congolese security and governmental
services, rendering them ineffective at best and predatory on the
population at worst. They are, broadly speaking, incapable of
addressing key regional challenges to state authority and drivers of
instability, such as resource theft, smuggling, and trafficking in
persons. The national army (FARDC) is responsible for suppressing
illegal armed groups operating in the eastern DRC. End summary.



2. (SBU) The illegal exploitation and export of natural resources,
including those which finance armed groups, remains a significant
source of instability and lawlessness in the eastern DRC. A UN
Group of Experts report published in December 2008 documented how
armed groups in eastern DRC finance their activities through the
exploitation of natural resources, and provides evidence of the
collaboration and support of both Rwandan authorities and the GDRC.
A significant amount of the exported minerals from eastern DRC to
neighboring countries remains unreported.


3. (SBU) Donors, including the USG, have supported research and
other initiatives under the Trading for Peace program to better
understand cross-border trade flows in minerals, and seek support
among traders and government officials to stem the illegal flow of
natural resources. In addition, the DRC became a candidate country
in 2008 for the Extractive Industries Transparency Initiative
(EITI),a multi-stakeholder effort to increase transparency in
transactions between governments and companies in the extractive
industries. Though the GDRC has taken some positive steps under
EITI, including establishment of a National EITI Committee,
implementation of necessary steps toward validation has been slow to
date, mirroring law enforcement and anti- corruption efforts in
other sectors.


4. (SBU) The response capacity of the DRC non-military sectors to
drivers of instability, such as the illegal exploitation and
exportation of natural resources, is limited due to the broad
problem of corruption and a legacy of predation on local
populations. Officials in these sectors receive little or no
training, do not receive salaries in a timely fashion, if at all,
and operate with antiquated equipment. Within the National Police
(PNC),a fundamental knowledge of laws and law enforcement
principles and techniques is lacking, in addition to basic
infrastructure such as vehicles and adequate administrative and
detention facilities.


5. (SBU) The judicial system is hamstrung by a critical shortage of
magistrates, clerks, and other administrative officials. The
training requirements of the judicial sector, focusing on the
Ministry of Justice, High Council of Magistrates and Ministry of
Interior, are broad and include the following: basic understanding
of Congolese and international law, human rights protection,
anti-corruption (including judicial ethics),human resource and
financial management, and administrative management. There is a
dearth of human capacity, organizational structure, and material
resources, which increases as one moves into the rural areas away
from the capital and urban centers.


6. (SBU) The shortage of personnel is further complicated by the
fact that many judicial staff approach or have exceeded retirement
age, but there are few replacements being trained or recruited. As
noted in the 2008 Democracy and Governance Assessment, "to function
at the appropriate level, a minimum of 5,000 magistrates -- judges
in the lowest level of courts -- are needed for the civilian courts.
In practice, according to several judicial officials, there were
only 2,080 total magistrates in the country when the team was
conducting its research, including both civilian and military
magistrates, the overwhelming majority of whom were in the capital,
Kinshasa. This personnel problem was exacerbated when President
Kabila removed several dozen magistrates in early 2008. Outside
Kinshasa, the presence of the courts is limited almost exclusively
to major cities, and even there it is grossly inadequate. Civilian
magistrates have not been appointed since 1998. In most places,
judicial salaries are paid irregularly and even when paid are
inadequate. Of the 180 courts in existence - which is fewer than
the number needed - only 53 are currently functioning."

7. (SBU) The GDRC is a willing recipient of USG assistance. Its
willingness, however, is mitigated by low capacity to carry out
assistance programs, especially in the provinces, where support is
most needed. Accountability within GDRC offices remains an issue
within a culture of pervasive corruption. Many lawyers and judges
prefer to stay in the capital and travel infrequently to the
provinces, where work is less lucrative and resources are lacking.
Incentives are needed to overcome the stigma of working in remote
areas. The 2006 Constitution calls for the establishment of a
series of new judicial institutions within the next year -- the High
Council of Magistrates, the Court of Appeals, the Administrative
Oversight Body, and the Constitutional Court. The High Council of

Magistrates is the cornerstone to an independent judiciary, but
faces resistance from the other government branches that oppose
increased powers for the judiciary. These new institutions will
need significant resources to function.


8. (SBU) A number of international partners, notably the UK,
France, and the EU, have been providing police training capacity and
assistance in codifying the legal basis for the institutional
structure of the Congolese police services. In February 2008 the
Ministry of the Interior established the Police Reform Monitoring
Committee as a consultative body for assistance coordination and
training standardization between the GDRC and international
partners. A similar GDRC-donor coordinating body exists for
judicial sector reform, although its effectiveness has been
marginal. France has trained judicial personnel and helped
modernize the DRC's Penal Code. REJUSCO, an EU-Belgium-Netherlands
joint project, has rebuilt courts and prisons in Eastern DRC and
initiated judicial training.


9. There is currently no non-military regional security training
center in the DRC. The International Organization for Migration
(IOM) envisions a recently-completed border police training center
in Bukavu as a possible site for regional training courses. The EU,
UK and Sweden plan a joint effort to create a national training
institute for judicial personnel. There are also discussions
regarding the establishment of a national magistrate's institute,
but there are no concrete plans yet.


10. (SBU) Comment: DRC needs for USG law enforcement and judicial
sector assistance are broad and reflect the government's lack of
capacity, at all levels, to enforce the law, serve justice, and
carry out penal sentences. The national police need training in
basic law enforcement principles and techniques, in addition to
extensive infrastructure, equipment, and human resource needs. The
judicial system needs are equally fundamental, and, in the wake of
legislation creating essential judicial oversight bodies, present a
timely opportunity for partners to assist in the activation of these
bodies. Recruitment and training of magistrates is critical to
providing increased access to justice, but this access is dependent
on administrative and infrastructure support. Progress in the
establishment of democratic institutions and the rule of law has
been slow but steady since the 2006 elections, and there is a clear
need for continued USG assistance in these sectors to support
further consolidation. End comment.


11. (SBU) Point of contact information: Embassy point of contact
for future correspondence and coordination is Pol-Mil Officer
Jeffrey Means, meansjs@state.gov. Secondary contact is PolOff
Michael Obryon, obryonms@state.gov.

GARVELINK