VZCZCXRO4335
OO RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0731/01 2161359
ZNR UUUUU ZZH
O 041359Z AUG 09
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9959
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 000731 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL MOPS KPKO CG
SUBJECT:   DRC: WRESTLING WITH IMPUNITY AND CORRUPTION 
 
REF:   KINSHASA 719 
 
¶1.  (SBU) Summary:  In recent months, the Kabila administration has 
taken some steps that indicate increased sensitivity to outside 
perceptions of impunity and corruption in the DRC.  These include 
the public adoption of a FARDC "zero tolerance" policy for human 
rights abuses, the use of FARDC military justice operational courts 
to prosecute soldiers in the field, and large scale dismissals 
within the corps of magistrates due to allegations of corruption. 
The actions do not represent a firm commitment to the rule of law 
and primacy of human rights and pose procedural questions 
themselves.  However, they do seem to indicate a willingness by 
Kabila to take on issues that were once considered off limits.  On 
the other hand, they may also represent a short term reaction to 
deflect growing criticism.  Whichever the case, and despite Kabila's 
apparent new willingness to address difficult issues, the real 
effect of the actions will be undermined by government inaction or 
GDRC reactive criticism of international humanitarian organizations. 
 End summary. 
 
Criticism of the Government 
--------------------------- 
 
¶2.  (SBU) International NGO criticism of the government regarding 
civilian protection increased in the wake of the two independent 
joint military operations with Uganda and Rwanda against foreign 
armed groups in early 2009.  The LRA and the FDLR armed groups have 
killed and displaced thousands following and during military 
operations directed against them.  Recent human rights organizations 
reports, including those of Human Rights Watch and Global Witness, 
have documented human rights abuses and sexual violence committed by 
the FARDC, the pervasiveness of impunity within security forces, and 
the complex link between natural resources and armed conflict in the 
eastern DRC (septel).  During its May visit to the DRC, the UN 
Security Council presented the Kabila government with a list of five 
FARDC commanders who allegedly had committed rape and other human 
rights violations and asked Kabila to take action against them 
(Note: There has only been evidence of preliminary administrative 
actions against four of the five as of August 4.  End note).  The 
steady drum beat of pressure to address human rights issues has 
increased throughout 2009. 
 
FARDC "Zero Tolerance" 
---------------------- 
 
¶3.  (SBU) Shortly after a meeting between Kabila and Human Rights 
Watch on July 2, FARDC Goma headquarters issued a press statement 
reminding all soldiers and commanders of their duty to protect the 
civilian population and noted "zero tolerance" for human rights 
abuses (Note: the press statement specifies the crimes of, inter 
alia, rape, forced labor, theft, extortion, torture, pillage and 
murder.  End note).  The notice warned commanders that they would be 
held accountable for actions committed by troops under their 
command.  MONUC and other human rights organizations lauded the 
announcement as a positive step by the DRC in the fight against 
FARDC indiscipline and impunity. 
 
Military Justice 
---------------- 
 
¶4.  (SBU) The FARDC has used regional headquarters- and field-based 
operational military courts to try soldiers for crimes ranging from 
theft and embezzlement to rape and murder.  Although the use of the 
operational courts pre-dates the July "zero tolerance" policy 
announcement, there have been several judgments since the 
announcement, including death sentences and life imprisonment for 
rape and murder.  The FARDC Chief of Staff has reportedly 
participated directly in the recent procedures. 
 
¶5.  (SBU) In South Kivu, local media reported a FARDC judicial 
procedure on July 11, with Chief of Staff General Didier Etumba 
sitting in judgment, at Kimia II headquarters in Kavumu.  The 
accused was a sergeant accused of raping a pregnant woman at Mwenga. 
 The sergeant was sentenced to 15 years in prison and fines.  A 
second rape case against a lieutenant accused of raping a 15 year 
old girl was also scheduled to be heard by a military court.  No 
verdict has been reported yet in the second case. 
 
¶6.  (SBU) In July in North Kivu, ten soldiers were convicted and 
sentenced to punishments from ten years to life in prison by a 
Rutshuru military court for crimes of rape and manslaughter.  The 
convicted included a lieutenant colonel and a major (who was 
convicted in absentia).  Earlier in July, a military court had 
sentenced two soldiers, including a major, to death and life in 
prison for murdering a fellow soldier in Virunga National Park. 
 
 
KINSHASA 00000731  002 OF 002 
 
 
Targeting Corruption 
-------------------- 
 
¶7.  (SBU) Following sharp criticism of corruption within the corps 
of magistrates in his taped June 30 Independence day message to the 
nation, Kabila dismissed over 100 judges and magistrates and 
appointed over 700 new judicial personnel in July (reftel).  The 
President of the Supreme Court and the Prosecutor General were 
included in the dismissals.  Magistrates have claimed that they will 
challenge the presidential decrees authorizing the action on 
procedural grounds, appealing to the Supreme Court if necessary. 
The dismissals were issued through a judicial system "under 
construction" and the endorsement of the interim judicial 
disciplinary oversight body of the dismissals is in question.  Local 
human rights NGO ASADHO ("Association Africaine de Defense des 
Droits de l'Homme" in French) called on Kabila on July 31 to 
postpone the dismissal action pending further review.  The new 
Prosecutor General and President of the Supreme Court were sworn in 
by Kabila July 27. 
 
¶8.  (SBU)  Following the July 15 decrees, Kabila sent letters to the 
Prime Minister and to the Presidents of the National Assembly and 
the Senate July 21 extolling them to promote national values and 
good governance, according to July 22 local press reports.  In the 
letters, Kabila prompted the leaders to adopt a "zero-tolerance" 
policy for corruption, misappropriation of funds, influence peddling 
and misuse of public assets.  He ordered them to punish members of 
government, national deputies, senators, and security service 
members who obstruct judicial decisions. 
 
¶9.  (SBU) Comment:  Kabila has finally demonstrated a willingness to 
take action when confronted directly on human rights abuses, such as 
his statement of support regarding judicial actions against the five 
FARDC officers.  However, the DRC has a mixed record on follow-up. 
The case of the five individuals mentioned by the Security Council 
has yet to be acted on decisively.  More recently, and in the wake 
of the zero tolerance policy and military justice actions, the 
government spokesman publicly attacked the motives and actions of 
human rights organizations in a July 28 press conference (septel). 
While properly conducted prosecutions and convictions are laudable, 
it is not uncommon for convicted prisoners to "escape" or buy their 
way out of prison.  Without a concomitant commitment to judicial and 
prison reform, the long-term results of military justice efforts are 
in doubt.  Kabila's actions demonstrate that he hears the message 
from domestic and international critics and is taking action. 
Whether or not he is truly committed to reform and is willing to 
ensure that his intentions are accurately dispatched throughout the 
bureaucratic chain and implemented, however, is another matter.  End 
comment. 
 
GARVELINK