DRC: UN FIELD COVERAGE OF HUMAN RIGHTS

UNCLAS SECTION 01 OF 02 KINSHASA 000095

SENSITIVE
SIPDIS

DEPT FOR IO/RHS (Amy Ostermeier and Gayatri Patel),DRL/MLGA (Chris
Sibilla),and IO/PSC (Deborah Odell)

E.O. 12958: N/A
TAGS: PHUM PREL KPKO CG
SUBJECT: DRC: UN FIELD COVERAGE OF HUMAN RIGHTS

REF: STATE 2023


1. (SBU) Summary: The United Nations Joint Human Rights Office
(UNJHRO) in the DRC has 18 field offices and four mobile teams in
addition to the headquarters office in Kinshasa. The UNJHRO is one
of the largest and most effective human rights organizations
operating in the country. Recent UNJHRO successes include the
establishment of legal aid clinics in North Kivu, the creation of
networks of human rights NGOs in nine provinces, and securing the
release from unlawful detention of both a group of Rwandan children
and 187 former members of Jean-Pierre Bemba's personal SECURITY
force. Significant challenges include continued political
interference in the judicial process resulting in a culture of
impunity, and the denial of UNJHRO access to detention centers. The
UNJHRO has a positive working-level relationship with the GDRC
despite government criticism of UNJHRO's reporting. Post recommends
that the USG encourage the GDRC to allow UNJHRO unfettered access to
all detention centers, contribute to OHCHR's recent appeal for the
Human Rights Mapping Exercise funding, and encourage closer
coordination between MONUC peacekeeping forces and UNJHRO personnel
on the ground. End Summary.

UNJHRO Description
--------------


2. (U) The UNJHRO is a joint operation between the UN's Office of
the High Commissioner for Human Rights (OHCHR) and the Human Rights
Division of the UN's Field Mission in the DRC (MONUC). In addition
to the UNJHRO headquarters in Kinshasa, it has 18 field offices and
four mobile teams throughout the country staffed by 133 employees.
The workforce includes human rights officers responsible for
investigations, protection officers responsible for training and
facilitating NGO protection networks, and support staff.

UNJHRO Strengths/Successes
--------------


3. (U) The UNJHRO is one of the largest and most effective human
rights organizations operating in the DRC. Through the work of its
field investigators, it maintains a database of human rights
violations. It also conducts prison visits, monitors the conditions
of prisons, and trains prison police in the application and respect
of detainees' human rights. The UNJHRO has been able to obtain the
release of numerous prisoners arbitrarily detained by Congolese
authorities. It also conducts training for NGO human rights
defenders and sponsors public awareness campaigns promoting human
rights.


4. (SBU) In 2008, the UNJHRO conducted four high profile
investigations into human rights abuses; the January killing of
civilians in Kalonge, North Kivu by the rebel group CNDP ("Congres
National pour le Defense du Peuple" in French),the February-March
crackdown on the politico-religious group Bundu dia Kongo (BDK) by
the PNC ("Police Nationale Congolaise" in French),the November
killing of civilians in Kiwanja, North Kivu by the CNDP, and the
November pillaging in Kanyabayonga, North Kivu by the Congolese army
(FARDC). The UNJHRO publicly released the reports of their
investigations in the first two cases. According to UNJHRO, the
reports on the Kiwanja killings and the Kanyabayonga pillaging will
be released shortly. UNJHRO reporting appears to be neutral and
evenhanded as it received criticism from both the CNDP and the
GDRC.


5. (SBU) During 2008, UNJHRO STAFF helped to establish legal aid
clinics for victims of sexual violence in North Kivu. The clinics
assisted victims in filing criminal charges against perpetrators and
facilitated victims' access to medical and psycho-socio care.
UNJHRO STAFF also helped to establish networks of human rights NGOs
in nine provinces. In addition, the UNJHRO helped to secure the
release of a group of Rwandan children in Kinshasa who were
originally arrested in North Kivu under suspicion of aiding the
CNDP. Finally, in another example of successful intervention,
UNJHRO efforts assisted in the release of 187 men, originally
arrested in March 2007, who were former members of Jean-Pierre
Bemba's personal SECURITY force.


UNJHRO Challenges/Limitations
--------------


6. (SBU) The greatest challenge for the UNJHRO is the fight against
impunity. Despite efforts by UNJHRO STAFF and even MONUC senior
staff, interference from within the GDRC and FARDC continues to

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subvert the impartiality of many judicial investigations and trials.
Cases in which officers allow their subordinates to either escape
or make small settlement payments to victims to deter them from
bringing formal charges are common within the PNC and FARDC. When
successful prosecutions do occur, they usually punish only low
ranking officers and soldiers.


7. (SBU) A significant limitation to UNJHRO's work is the denial of
access to the Congolese NATIONAL Intelligence Agency's ("Agence
Nationale de Renseignements" - ANR - in French) holding cells in
five key cities: Kinshasa, Matadi, Kisangani, Goma, and Bukavu. In
addition, the UNJHRO has no access to holding cells of the
President's Republican Guard ("Garde Republicaine" - GR - in French)
throughout the DRC. Both the ANR and GR report directly to the
Presidency and are not subject to independent oversight.

UNJHRO Relationship with GDRC
--------------


8. (SBU) The UNJHRO has a good working level relationship with the
Congolese government. Even though the GDRC heavily criticized
UNJHRO's report on the BDK crackdown, UNJHRO personnel have open
access and dialogue with the ministries of Human Rights, Justice,
Interior, and Defense. Specifically, the UNJHRO prepares a
bi-monthly report on PNC abuses and shares this with Ministry of
Interior officials. Once a month, the UNJHRO prepares a report on
Congolese Army (FARDC) abuses and shares this with a NATIONAL
oversight committee chaired by the legal advisor to the Minister of
Defense. At the provincial level, UNJHRO personnel help to
facilitate FARDC oversight committees in eight provinces in which
the FARDC, UNJHRO, and civil society meet monthly to discuss alleged
FARDC abuses.

Recommendations for USG
--------------


9. (SBU) Post recommends that the USG encourage the GDRC to allow
UNJHRO unfettered access to all detention centers, including those
operated by the ANR and GR, in accordance with the latest UN
Security COUNCIL (UNSC) mandate for MONUC. ANR and GR personnel are
often cited by released detainees and NGOs as perpetrators of human
rights abuses, and the UNJHRO's lack of access to the respective
detention centers contributes to a culture of impunity.


10. (SBU) Post also recommends that the USG contribute to OHCHR's
recent funding appeal for the Human Rights Mapping Exercise. The
project team is investigating and documenting the major human rights
violations committed on DRC territory between 1993 and 2003. The
final report will be a valuable tool in promoting the protection of
human rights and combating impunity.


11. (SBU) In addition, Post recommends that the USG encourage
closer coordination and collaboration between MONUC peacekeeping
forces and UNJHRO personnel performing civilian protection duties in
combat zones. UNJHRO personnel have insight as to how and when
human rights abuses occur and could advise peacekeeping forces on
joint UNJHRO-peacekeeper civilian protection patrols.


12. (SBU) Comment: The UNJHRO is the most important human rights
organization operating in the DRC. However, it faces significant
challenges. In particular, the culture of impunity is firmly
entrenched throughout the country and is difficult to overturn.
Increased political and financial support to the UNJHRO is essential
in helping UNJHRO work with the DRC to improve its human rights
record. End Comment.

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