VZCZCXRO2867
PP RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0532/01 1590942
ZNR UUUUU ZZH
P 080942Z JUN 09
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 9688
INFO RUEHXR/RWANDA COLLECTIVE
RUEHGV/USMISSION GENEVA 2277
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 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. 
 
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