VZCZCXRO4687
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0947/01 2201250
ZNR UUUUU ZZH
P 081250Z AUG 07
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 6673
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK

UNCLAS SECTION 01 OF 02 KINSHASA 000947 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM KPKO CG
SUBJECT: MONUC GOMA HUMAN RIGHTS CHIEF SEES INCREASING 
VIOLATIONS IN NORTH KIVU 
 
REF: A. KINSHASA 65 
 
     ¶B. KINSHASA 896 
 
¶1.  (SBU) Summary.  MONUC-Goma Human Rights Chief Jairo 
Sanchez evaluated the major human rights issues in North Kivu 
as the so-called "mixed" brigades of the Congolese military, 
judicial impunity, and sexual violence.  End summary. 
 
¶2.  (SBU) Violations by elements of the Congolese army's 
mixed brigades (combined units of renegade General Laurent 
Nkunda and other unintegrated FARDC forces), judicial 
impunity, and sexual violence are the most serious human 
rights problems in North Kivu, MONUC-Goma Human Rights chief 
Jairo Sanchez told Poloff and visiting DRL Off June 29.  He 
said MONUC-Goma has registered 723 cases of confirmed serious 
human rights violations in the province since 2003. 
 
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Mixed Brigades 
-------------- 
 
¶3.  (SBU) Sanchez told us soldiers in the FARDC mixed 
brigades are the number one human rights issue in North Kivu 
and have been since the brigades were formed.  (Note:  These 
brigades began forming in late January following a deal 
reached with dissident general Laurent Nkunda (ref A).  End 
note.)  He asserted the civilian population does not trust 
the mixed brigades because many of their members are known 
human rights violators.  Sanchez said he was told at a 
meeting of human rights NGOs June 28 about dozens of 
violations perpetrated by members of the mixed brigades.  The 
most serious recent incident took place in Masisi on April 
¶29.  Five Charlie Brigade soldiers killed four civilians, 
including two students, in Kibati.  The local population 
attacked the soldiers, killing one and wounding another.  The 
surviving soldiers were arrested and sent to Goma, but the 
brigade commander set one free. 
 
¶4.  (SBU) Sanchez said the troops with the worst record 
belong to Bravo Brigade.  He claimed many soldiers in Bravo 
are resistant to integrating with the FARDC and are often out 
of the control of the 8th Military Region chain of command. 
In Rutshuru Territory, where Bravo is based, the human rights 
situation has deteriorated significantly since the beginning 
of the year. 
 
¶5.  (SBU) Bravo's presence contributes to the degrading 
situation in two ways.  First, some Bravo soldiers have 
attacked civilians, accusing them of collaborating with the 
FDLR, who live in close proximity.  For example, earlier this 
year some Bravo soldiers allegedly killed five banana beer 
brewers in Nyabanira, one kilometer from a Bravo camp.  The 
Bravo troops accused the brewers of collaborating with the 
FDLR, who are the primary consumers of their beer.  On March 
9 and 10, other Bravo soldiers also summarily executed at 
least 15 people in Buramba, Rutshuru Territory for alleged 
collaboration with the FDLR.  Second, Bravo elements have 
attacked the FDLR, causing FDLR elements to flee into the 
forest, leading to depredations on the population and massive 
displacements.  Some villages have been empty due to FDLR 
attacks since January. 
 
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Judicial Impunity 
----------------- 
 
¶6.  (SBU) Sanchez provided multiple examples of rampant 
judicial impunity for human rights violations by soldiers. 
He told us not one soldier of colonel rank or higher had been 
held accountable for any crime since May 2005.  He asserted 
there are 17 serious cases of crimes against humanity in the 
province, dating from 2004 to present, in which prosecution 
has been blocked by interference by military authorities in 
Kinshasa.  He gave several examples, including a colonel 
sentenced to life who resides openly in North Kivu and a 
lieutenant sentenced to 30 years who was later set free.  A 
Colonel Mayanga was accused of torturing the director of 
Virunga National Park in 2005.  Sanchez said the commander of 
the 9th MR at the time promised Mayanga would be transferred 
to a military court, but he was instead promoted to general 
and given a command in Kinshasa.  (Note:  Mayanga is also 
accused of collaborating with the FDLR.  End note.) 
 
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Sexual Violence 
 
KINSHASA 00000947  002 OF 002 
 
 
--------------- 
 
¶7.  (SBU) Sanchez said the third major human rights problem 
in North Kivu is sexual violence and its underreporting. 
Unlike in South Kivu (ref B), the FDLR is not the major 
perpetrators of rape in North Kivu.  Instead, the FARDC, 
including mixed brigades, integrated brigades, or 
non-integrated brigades, are the major violators.  (Note: 
Sanchez also noted a steady rise in sexual violence 
perpetrated by civilians.  End note.) 
 
¶8. (SBU) Sanchez said a major obstacle to justice for sexual 
violence victims was in fact humanitarian NGOs which refuse 
to share information with human rights investigators.  He 
said many NGOs do not encourage rape victims to file 
complaints or to speak with investigators.  Sanchez noted 
that if someone showed up at a public or private hospital 
wounded, a police report would have to be filed.  However, 
there is no such reporting requirement for rape, making 
statistical and judicial work extremely difficult.  He said 
MONUC is working to get such a requirement established. 
MONUC is also working with the ministries of health and 
justice to create a diagnostic tool for rape to be used 
throughout the country. 
 
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Other Human Rights Violations 
----------------------------- 
 
¶9.  (SBU) Sanchez cited three additional common human rights 
violations in the province:  arbitrary arrest, torture, and 
illegal taxation.  Arbitrary arrest is common, and the 
authorities usually extract USD 1 or 2 for release.  He said 
at least 62 cases of torture by police and militias had been 
reported in the last year alone.  Illegal taxes, barriers, 
and traffic costs are widespread, and police often demand 50 
francs from each vehicle they see. 
 
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Comment 
------- 
 
¶10.  (SBU) North Kivu civilians continue to face a 
triumvirate of human rights issues:  violations by the FARDC, 
judicial impunity, and widespread sexual violence.  The 
creation of the mixed brigades has exacerbated the existing 
insecurity.  Unfortunately, in the current political 
environment in the province, there appears to be neither the 
political will nor the military capability to hold violators 
responsible for their crimes.  End comment. 
MEECE