VZCZCXYZ0000
OO RUEHWEB

DE RUEHKI #0163/01 0501159
ZNR UUUUU ZZH
O 191159Z FEB 09
FM AMEMBASSY KINSHASA
TO SECSTATE WASHDC IMMEDIATE 9220

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. 
 
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