VZCZCXRO5937
RR RUEHBZ RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #0959/01 2941304
ZNR UUUUU ZZH
R 211304Z OCT 09
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC 0236
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 000959 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL PREF MOPS KPKO CG
SUBJECT:  Human Rights Watch criticizes Kimia II 
 
REF:  Kinshasa 945 
 
¶1.  (SBU) Summary:  Senior Human Rights Watch (HRW) researchers told 
Charge d'affaires that the impact of Kimia II on the civilian 
population is more brutal than MONUC reports indicate.  HRW proposes 
a re-evaluation of Kimia II with pressure on both the GDRC and 
international community.   Two of the "FARDC 5" may be imprisoned 
and one is apparently under surveillance.   A prosecutor has 
requested $70,000 to establish a military tribunal in the east.  End 
summary. 
 
Kimia II:  more brutal than other FARDC campaigns 
--------------------------------------------- ---- 
 
 
¶2.  (SBU) On October 7, Charge and poloff met with Anneke Van 
Woudenberg, Senior Researcher-Africa Division, of Human Rights Watch 
(HRW).   Also present was Juliane Kippenberg, Senior Researcher, 
Africa-Children's Rights Division.  Van Woudenberg said the fallout 
from Kimia II is more abusive and brutal than other operations 
conducted by the FARDC.  Although the operation is winding down, she 
"does not believe MONUC reports."  The costs outweigh the benefits 
in her opinion.  HRW, along with other NGOs, are working on a crude 
cost-benefit analysis of the operation.  Van Woudenberg asserted 
that for each FDLR killed, captured, or repatriated, there is one 
civilian killed, 7 women and girls are raped, 6 houses burned, and 
900 people displaced. 
 
¶3.  (SBU) In the Walikale area of North Kivu, she noted, the 
massacre of Rwandan Hutu refugees at Shalio by the FARDC, with 
subsequent retaliation by the FDLR, was an example of the continuing 
brutality.  In late April/early May, 50 women and children were 
killed in the mountain top village of Shalio.  The remaining 
villagers were told they would be marched to IDP camps but were 
killed along the way.  The FDLR responded by attacking Busunguri 
village at the bottom of the mountain.  There were reports of 
slashed throats and acts of SGBV. 
 
HRW calls for re-evaluation of Kimia II 
--------------------------------------- 
 
¶4.  (SBU) Although it does not condemn or condone Kimia II, HRW 
believes the operation needs to be re-evaluated and reduced from a 
widespread attack to a targeted and multi-pronged approach 
emphasizing civilian protection.  Van Woudenberg urged the 
international community to push the GDRC for accountability in 
prosecution of human rights abuses by any rank commanders. 
Supporting military reforms and advocating an end to child 
soldiering were also important steps the GDRC should take.  MONUC 
should put more conditionality on its assistance.  With $6-7 million 
spent on food and fuel, HRW believes MONUC continues to squander 
possible leverage to push the FARDC to carry through a more 
effective and civilian-friendly operation. 
 
¶5.  (SBU) Van Woudenberg continued that HRW has suggested that the 
GDRC implement a vetting process for senior commanders. 
International experience and pressure would be very important to 
create such a mechanism.  But the challenge is political will.  On 
several occasions, she said, the UN Security Council has urged that 
a vetting mechanism be adopted (UNSCR 1856).  One proposal to gather 
information against commanders is to track abuses by unit. 
 
¶6.  (SBU) Van Woudenberg also cautiously suggested opening up 
contact with FDLR elements to ensure the repatriation message is 
getting through to the forces. 
 
Update on "FARDC 5" 
------------------- 
 
¶7. (SBU) In May, UNSC ambassadors presented President Kabila with a 
Q7. (SBU) In May, UNSC ambassadors presented President Kabila with a 
list of five FARDC commanders wanted for human rights abuses: 
 
- Colonel Mosala, accused of violently raping a 14-year-old girl in 
May 2005; 
- Colonel Safari, accused of raping a 28-year-old woman in May 2006 
and persuading three other soldiers to also rape her; 
- Major Pitchou, accused of rape, no other details; 
- Lieutenant-Colonel Bebimobuli Engangela, a dissident Mai-Mai 
officer accused of several rapes between 2004 and 2006, was also 
held in detention for "insurrection" in March 2008; and 
- Brigadier-General Jerome Kakwavu Bukande, accused of raping a 
14-year-old girl in Ituri, and by March 2008 was stationed in 
Kinshasa. 
 
¶8.  (SBU) Van Woudenberg reported there are unconfirmed reports that 
two of the five are in prison.  One is suspected to be Colonel 
 
KINSHASA 00000959  002 OF 002 
 
 
Safari.  In addition, Brigadier-General Jerome Kakwavu Bukande is 
currently under "monitored liberty."  This is not house arrest, so 
the meaning is unclear.  HRW is encouraging the USG to push the GDRC 
for clarity on this action (Note:  In a subsequent meeting with 
charge d'affaires (reftel), presidential chief of staff Adolphe 
Lumanu Mulenda insisted that all five had been relieved of military 
duties.  End note). 
 
¶9.  (SBU) The prosecutor has requested $70,000 to bring a military 
high tribunal to Ituri province to try Kakwavu.  Since he has not 
yet been arrested, there is a question of motive.  Van Woudenberg 
speculates this could be to demonstrate to the local population that 
the GDRC is serious about enforcement.  On the other hand it could 
be a farce for the international community. 
 
Kabila statement on conflict situation 
--------------------------------------- 
 
¶10.  (SBU) Van Woudenberg noted that President Kabila apparently 
told a French delegation recently that "we (the DRC) are paying the 
price for Rwanda and the international community is forcing us to 
pay the price." 
 
BROCK