A/HRC/41/31
(c)
The fate of the women and children still in captivity in Kamonia territory (Kasai
Province)
49.
The team of international experts notes that the previous team reported that several
dozen Luba women and girls were being held against their will by the Bana Mura militia on
farms in Kamonia territory (Kasai Province), where they were forced to work and subjected
to sexual slavery, 33 and called for their immediate release. 34 Although the team of
international experts has neither the mandate nor the resources to investigate new
allegations of serious human rights violations, during its interaction with the national
political authorities and representatives of MONUSCO on the ground, it obtained some
information which suggests that women and children are still being held by the Bana Mura
militia. During a joint fact-finding mission undertaken by the senior military prosecutor’s
office of the former Province of Kasai Occidental and MONUSCO in October 2018, a total
of 38 people were interviewed, including at least 22 women and 4 children who had
allegedly been abducted and subjected to sexual violence and forced labour. During their
visit to Tshikapa in February 2019, the international experts had the opportunity to speak to
women who had successfully escaped from the farms where they were being held and who
said that several other women were still there. At every opportunity, the team called for the
immediate release of these women and children.
50.
The team of international experts notes that, during the team’s first mission to the
Democratic Republic of the Congo in November 2018, the Government expressed doubts
as to whether the situation was truly as described. The Government subsequently qualified
its comments and acknowledged its obligation to work to secure the victims’ release. The
team of international experts stresses once again that it is urgently necessary to secure the
immediate release of these women and children and to ensure that those who have managed
to flee are not left to fend for themselves.
2.
Support for victims and witnesses
51.
In the light of its findings on the extent of the sexual crimes committed in Kasai, the
previous team of international experts recommended that the authorities of the Democratic
Republic of the Congo should enforce the application of judicial protection measures for
victims of crimes of sexual violence and, by providing legal assistance, encourage them to
lodge complaints and to testify before the courts. 35 It also called on the authorities to take
concrete and effective steps to ensure, by incorporating a gender perspective, that victims of
sexual violence have access to appropriate medical, psychosocial and socioeconomic
services.36 It made substantially similar recommendations with respect to child victims. 37
Support and care for victims of sexual violence and child victims is essential in order to be
able to repair the social fabric of Kasai.
52.
Since none of the cases selected by the military justice authorities have been brought
to trial yet, the team of international experts has focused its attention on the way in which
the military prosecutor’s office conducts investigations into cases involving victims of
sexual crimes and child victims. The team is pleased to note that, during the investigations
of this kind that were conducted jointly with MONUSCO and the technical assistance team,
appropriate and sufficient measures were taken to protect witnesses and victims of crimes
of sexual violence and child victims during hearings. In the field, the investigators and
prosecutors from the military prosecutor’s office attended briefings, which covered issues
such as the protection of information. 38 During the hearings, which were conducted in such
a way as to protect the identity of the witnesses, the investigators were accompanied by
33
34
35
36
37
38
12
A/HRC/38/31, para. 86.
Ibid., para. 111 (j).
Ibid., para. 111 (e).
Ibid., para. 111 (i).
Ibid., para. 111 (h) and (i).
These briefings were given by members of MONUSCO (in particular, the Child Protection Section)
and members of the technical assistance team, the bar association of Kananga and local NGOs with
expertise in this area. In addition, in April 2018, the technical assistance team ran a training workshop
for members of the military prosecutors’ offices on protective measures.
GE.19-07485
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