UN SPECIAL RAPPORTEUR CONCERNED ABOUT VULNERABILITY OF

UNCLAS SECTION 01 OF 02 KINSHASA 000532

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM PGOV PREL CG
SUBJECT: UN SPECIAL RAPPORTEUR CONCERNED ABOUT VULNERABILITY OF
HUMAN RIGHTS DEFENDERS IN THE DRC


1. (SBU) Summary: UN Special Rapporteur for Human Rights
Defenders, Margaret Sekaggya, expressed serious concern over the
vulnerable state of human rights defenders in the DRC at a June 3
briefing for the diplomatic corps. In a series of findings, she
found that security for human rights defenders is extremely weak as
they operate in an environment of intimidation and abuse. She also
found that the mistrust and suspicion between human rights defenders
and government officials runs deep. There is a significant lack of
understanding on the part of national and provincial officials of
the proper role of human rights defenders in a democratic society.
Sekaggya recommended passing a specific law to protect human rights
defenders. She also recommended the creation and the full support
of a National Human Rights Commission. Finally, Sekaggya
recommended that the diplomatic community dramatically increase
funding for human rights defenders through Congolese civil society
organizations. Significant challenges remain to end the culture of
impunity and convince Congolese officials that constructive
criticism is an impetus for reform and not for rebellion. End
summary.


2. (U) Margaret Sekaggya, UN Special Rapporteur for Human Rights
Defenders, expressed serious concern over the vulnerability of human
rights defenders in the DRC at a June 3 briefing for the diplomatic
corps. Her assessment mission, conducted from May 21 to June 3,
allowed her to dialogue with national and provincial ministers, UN
agencies, security forces, justice officials, NGOs, and a variety of
human rights defenders and journalists in Kinshasa, Kananga, and
Bukavu.

Findings
--------------


3. (SBU) Sekaggya's most serious finding was the lack of security
for human rights defenders. She noted that they are extremely
vulnerable as they operate in an environment of intimidation and
abuse, both physical and psychological. In South Kivu for example,
Sekaggya said that many human rights defenders frequently receive
anonymous death threats by text message. She added that too many
Congolese human rights defenders have "paid with their lives" over
the past few years.


4. (SBU) Sekaggya also said that the extremely weak state of the
Congolese justice system and the culture of impunity impede human
rights defenders in their work. When human rights defenders are
threatened or abused, very few cases are ever investigated. Police,
prosecutors, and judges are very poorly and infrequently paid, if at
all. Justice officials operate in an environment of severe
financial constraints, lacking supplies, equipment, and transport.
This fosters an entrenched environment of corruption. When human
rights defenders ask for an investigation, they are asked to pay
bribes at each step of the judicial process.


5. (SBU) An additional finding from the Special Rapporteur was the
existence of deep mistrust and suspicion between human rights
defenders and government officials. There appears to be a deep lack
of understanding on the part of government officials of the role
that human rights defenders play in society. They are an essential
part of the democratization process but any criticism or call for
action is perceived as seditious. Sekaggya gave an example that
during a meeting with Kabila's Security Advisor, Prince Kaumba
Lufunda, Kaumba spoke proudly of detaining an unnamed human rights
defender that questioned the International Criminal Court's (ICC)
role in the DRC. Kaumba reportedly said that the defender "had no
right criticizing an institution like the ICC. Of course we nabbed
him right away."


6. (SBU) Agents from the Congolese National Intelligence Agency
(ANR) are most often the officials that arrest and detain human
rights defenders. Access to prisoners in ANR detention centers is
never granted, even for MONUC or Red Cross officials. This fosters
an environment of secrecy where human rights abuses go unchecked.
Other findings include the long delays and corruption barriers for
human rights defenders and journalists to register with the local
and national authorities. Also, there is a lack of capacity for
human rights defenders in the DRC. Sekaggya said that Congolese
civil society needs training and a significant increase in financial
resources to build their capacity as human rights defenders.

Recommendations
--------------


7. (SBU) The Special Rapporteur recommended that national or
provincial parliaments pass specific laws to protect human rights
defenders. She emphasized that there must be efforts showing that

KINSHASA 00000532 002 OF 002


the justice system is protecting human rights defenders.


8. (SBU) Sakaggya also said that the GDRC should create and fully
support a National Human Rights Commission. It needs to have the
independence, authority, and full access to investigate human rights
abuses and also have the ability to dialogue with and educate
officials in the national and provincial governments on the role of
human rights defenders.


9. (SBU) For the diplomatic community, Sekaggya recommended that we
dramatically increase our funding for civil society groups. She
suggested that embassies strategize together and coordinate
resources, perhaps via an independent or pooled fund, to more
effectively build up the capacity of human rights defenders. She
mentioned that in Uganda, donors have stopped ad hoc funding and
have created a centralized mechanism by which civil society
organizations can compete for funding.


10. (SBU) Comment: Post concurs with Sekaggya's findings. Her
visit has highlighted the deteriorating human rights environment in
the DRC. Contrary to recent GDRC statements that they must first
achieve peace before justice, we believe progress can be made on
both fronts simultaneously. We plan to continue to raise our
concerns about the human rights situation in the DRC with our GDRC
interlocutors. We will also work with representatives of other
countries to achieve progress in the defense of human rights. End
comment.

GARVELINK