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Viewing cable 06KINSHASA1307, DRC HUMAN RIGHTS GROUP ISSUES REPORT ON

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Reference ID Created Released Classification Origin
06KINSHASA1307 2006-08-18 12:29 2011-08-25 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Kinshasa
VZCZCXRO4381
PP RUEHDU RUEHGI RUEHJO RUEHMR RUEHRN
DE RUEHKI #1307/01 2301229
ZNR UUUUU ZZH
P 181229Z AUG 06
FM AMEMBASSY KINSHASA
TO RUEHC/SECSTATE WASHDC PRIORITY 4623
INFO RUEHXR/RWANDA COLLECTIVE
RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/HQ USEUCOM VAIHINGEN GE
RUFOADA/JAC MOLESWORTH RAF MOLESWORTH UK
UNCLAS SECTION 01 OF 02 KINSHASA 001307 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KDEM KPKO CG ELECTIONS
SUBJECT: DRC HUMAN RIGHTS GROUP ISSUES REPORT ON 
PRE-ELECTION VIOLENCE 
 
REF: A. KINSHASA 1064 
 
     B. KINSHASA 1195 
     C. KINSHASA 1208 
 
1. (U) Summary: The National Observatory for Human Rights 
(ONDH), one of the five "citizen institutions" of the DRC's 
transitional government, issued August 12 a report detailing 
its findings concerning campaign-related violence in the 
month leading up to the country's July 30 presidential and 
legislative elections. ONDH focused its findings primarily on 
two incidents -- a clash between security forces and an 
anti-separatist group on June 30 in the port city of Matadi 
(ref A), and the violence in Kinshasa July 27 occurring after 
a campaign rally for Vice President Jean-Pierre Bemba (refs B 
and C). The human rights group spread blame for the Matadi 
incident largely among Congolese military and political 
officials, but stated the Bundu dia Kongo (BDK) group also 
shared some responsibility for the violence. Regarding the 
Kinshasa affair, the ONDH report stated that the Movement for 
the Liberation of Congo (MLC, Bemba's party) should be held 
responsible for the violence and destruction caused and 
should pay reparations for the damage and loss of human life. 
End summary. 
 
2. (U) ONDH, one of the five "citizen institutions" of the 
DRC's transitional government charged with following the 
country's human rights situation, issued August 12 a report 
analyzing the state of public freedoms during the Congo's 
pre-election campaign period from June 29 to July 28. The 
report assigned blame for the violence of two particular 
events -- one in Matadi and one in Kinshasa -- and called for 
those responsible to be held accountable. ONDH officials 
appealed for state authorities to take disciplinary actions 
against those incriminated in the report. The report 
concluded that if examples are not made of the perpetrators 
of these acts, then the violence which occurred and the 
impunity they enjoy severely compromises the electoral 
process, human rights, and freedom of expression in the DRC. 
 
--------------------------------------------- ---------- 
MILITARY, GOVERNMENT OFFICIALS BLAMED IN MATADI INCIDENT 
--------------------------------------------- ---------- 
 
3. (U) Much of the report focused on the June 30 clash 
between members of the separatist group Bundu dia Kongo (BDK) 
-- which advocates for the overthrow of the DRC government 
and the creation of an independent Kongo state -- and 
security forces in the port city of Matadi in Bas-Congo 
province (ref A). The report stated that the object of the 
BDK rally was clearly political in nature as the marchers 
were carrying banners with messages urging members of the 
transitional government to leave their posts. (Note: The 
transitional government, according to the DRC's transitional 
constitution, was to end June 30, 2006. With the adoption of 
the new constitution in December 2005, the transitional 
government remains in place until a new president and prime 
minister are installed following presidential and legislative 
elections. End note.) ONDH said it was not convinced by the 
arguments of Congolese military officials that they were 
acting in self-defense against the protesters, given the 
disproportionate response by security forces and number of 
victims killed in the clashes. 
 
4. (U) The ONDH report likewise lays partial responsibility 
for the Matadi events on the commander of the 2nd Military 
Region in Bas-Congo, General Tshikwej. The report states that 
General Tshikwej incorrectly presumed, contrary to reports 
from local police officials, that the BDK protesters would be 
in possession of arms and include demobilized soldiers in 
their ranks. ONDH said it would bring charges against 
Tshikwej regarding his decision to deploy the military in 
 
SIPDIS 
this situation, especially as the police were responsible for 
providing election-related security. 
 
5. (U) The ONDH report noted as well the irresponsibility and 
lack of attention paid to the developing situation by the 
Governor of Bas-Congo, Cesar Nsasa di Tumba. Observatory 
officials said he did not take seriously his responsibility 
to maintain public order or to follow the deployment of the 
military in Matadi. ONDH said it will file complaints against 
the governor as well for his omissions. Finally, the report 
held BDK guilty of violating DRC law regarding authorization 
for public meetings and rallies. According to DRC statutes, 
all political groups must receive advance permission from the 
appropriate provincial authorities to hold demonstrations. 
 
KINSHASA 00001307  002 OF 002 
 
 
BDK officials did not receive such authorization. In 
addition, the report holds BDK responsible for the death of 
one Congolese soldier and the violence committed against 
military police officers. 
 
---------------------------------------- 
MLC RESPONSIBLE FOR VIOLENCE IN KINSHASA 
---------------------------------------- 
 
6. (U) The second part of the ONDH report focused on the 
events before and after a rally of the MLC in Kinshasa July 
27. After a speech at a local stadium, Bemba followers 
committed various acts of vandalism along the road from the 
Kinshasa airport to the neighborhood of Masina, including the 
harassment of police forces and the burning and tearing down 
of campaign banners. Five police stations were sacked by MLC 
supporters during the course of the day, as were the 
headquarters of the ONDH itself and the offices of the High 
Media Authority. The ONDH report noted that the MLC militants 
were responsible for the deaths of four police officers, one 
of whom was burned alive outside the stadium where Bemba 
spoke. 
 
7. (U) Referring to elements of the DRC's electoral law 
holding the organizers of political rallies responsible for 
maintaining their order, the ONDH report held the MLC fully 
responsible for the acts committed July 27. The report called 
for the party to pay reparations for the losses of property 
and life. The report noted that public authorities were 
likewise partially to blame for not adequately controlling 
the rioting and providing sufficient security. 
 
8. (U) The MLC officially responded to the ONDH report in an 
open letter dated August 14 which called for an independent 
inquiry into the events of July 27. The statement deplored 
the "political exploitation" of the July 27 events and the 
broadcast of images recorded during the rioting by 
state-owned RTNC television station. The MLC likewise 
condemned the acts of violence themselves, but claimed 
certain political leaders were using the incident to defame 
the party and Bemba. With regard to the deaths of the four 
police officers, the statement said the MLC was "shocked" to 
find ONDH had blamed the party for such acts, alleging 
instead the police in question died as a result of a car 
accident. 
 
---------------------- 
COMMENT: LITTLE IMPACT 
---------------------- 
 
9. (SBU) Comment: The ONDH report provides little new 
information on either the events in Matadi or Kinshasa. The 
involvement of MLC supporters in the July 27 rioting was 
known from the beginning. The events in Matadi demonstrate 
the difficulty in coordinating police and military 
activities, as well as the largely ineffective management and 
training of the Congolese military. Unfortunately, despite 
making clear who should be held responsible for such acts, 
ONDH has no enforcement power, and its report will not have 
much impact. End comment. 
MEECE