A/HRC/41/31
VI. Conclusions and recommendations
72.
The current lull in the violence in Kasai is fragile and the situation must still be
monitored closely. The positive impact of the political transition on the security
situation in Kasai must be consolidated by a relentless fight against impunity, coupled
with efforts to achieve reconciliation and to rebuild the economy in the Kasai region.
Otherwise, the window of opportunity that remains open in Kasai is likely to close
rapidly and to prove fruitless.
73.
As regards the fight against impunity, the investigation and prosecution
strategy must be structured in such a way as to cover all the types of human rights
violations that characterized the crisis in Kasai. The strategy must also make it
possible to establish the historical truth and to work towards transitional justice and
reconciliation.
74.
Although there is an investigation and prosecution strategy in place and several
cases of violence are being investigated by the military prosecutors’ offices in Kasai,
specifically those in Kananga and Tshikapa, the team of international experts finds it
regrettable that these cases do not cover in a balanced way the full range of
perpetrators who were involved. Moreover, the cases do not reflect the full range of
crimes against humanity and war crimes that were committed during the crisis in
Kasai. In particular, cases should be selected in such a way as to take into account the
ethnic persecution that took place, the scale of the sexual violence, the crimes
committed against children, the use of beheading and the burning down of countless
public buildings and dwellings, so that these events are encompassed by the
proceedings as a whole. With that in mind, it is important that the competent
authorities adopt a much broader strategy of investigation and prosecution, otherwise
the efforts to combat impunity in Kasai will be futile and will not help to achieve
effective reconciliation between communities.
75.
The team of international experts considers that the military justice authorities
require significant human, financial and logistical resources if they are to effectively
combat impunity in Kasai. It notes, however, that the resources made available by the
State are utterly inadequate and that the local judicial authorities are overly reliant
on external partners, including MONUSCO. Since the latter is set to withdraw from
the country, the team urges the Government to put in place an independent strategy
for funding the efforts of the military and civil justice authorities to prevent and
punish serious crimes. For the time being, additional resources and personnel should
be deployed to the military prosecutors’ offices in Kasai in order to expedite
proceedings and ensure that judgments are handed down within a reasonable time
frame.
76.
The team of international experts acknowledges the efforts that have already
been made by the Government to reconcile the communities of Kasai, including the
holding of a forum for peace, reconciliation and development in September 2017. The
team considers that these efforts need to be supported by specific initiatives that set in
motion a culturally appropriate and legally acceptable process of reconciliation
between the communities concerned. This process, which should be developed in
cooperation with academics, traditionalists and researchers, should draw upon
positive examples from the past and should rule out the possibility of a general pardon
for those who committed crimes against humanity and war crimes in Kasai.
77.
Since the current crisis stemmed from a conflict that was linked to traditional
leadership, it is important to review the rules and practices relating to State
supervision of the exercise of customary power. In addition, given the criticism
levelled at the State itself by a sector of the population, it is necessary to reassess the
relationship and the policies of communication between the administrative authorities
and the defence and security forces, on the one hand, and the population, on the other
hand, taking into account the sense of abandonment in Kasai.
78.
The team of international experts believes that the efforts made to combat
impunity and to achieve reconciliation will not produce tangible and satisfactory
16
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