VZCZCXRO9218
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0095/01 0301240
ZNR UUUUU ZZH
P 301240Z JAN 09
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 9112
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK

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 
 
KINSHASA 00000095  002 OF 002 
 
 
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. 
 
GARVELINK