A/HRC/41/31
II. Mandate
7.
Human Rights Council resolution 38/20, which was adopted by consensus on 6 July
2018, charges the team of international experts with the task of monitoring, evaluating,
supporting and reporting on the implementation by the Democratic Republic of the Congo
of the recommendations made by the previous team and making recommendations in this
regard, as appropriate.
8.
The mandate of the team of international experts under resolution 38/20 differs from
that of a fact-finding mission in that the primary goal of the new team is not to draw factual
conclusions but rather to report on and support the efforts made by a State in the light of a
report concluding that international crimes and human rights violations have been
committed on its territory. This mechanism is a groundbreaking initiative of the Council
and builds on the international community’s recent efforts to ensure the accountability of
States when it comes to the investigation and prosecution of international crimes and other
human rights violations and the process of reconciliation. The team adopted a methodology
that not only takes into account the specific national context but also reflects international
principles, for it is aware that its work may serve as inspiration for other similar
mechanisms.
9.
The team of international experts notes that its mandate converges with that of other
United Nations mechanisms already in place in the Democratic Republic of the Congo. The
High Commissioner has deployed a technical assistance team to Kananga, under the
authority of the United Nations Joint Human Rights Office, to support the competent
national authorities in their investigation of human rights violations, including by providing
forensic expertise. 5 The United Nations Organization Stabilization Mission in the
Democratic Republic of the Congo (MONUSCO) is also working to support the national
authorities in the area of justice and reconciliation in Kasai through its observation and
reporting activities and technical support.
10.
In addition, the Secretary-General of the United Nations has deployed a team of
experts specifically to assist with the trial for the killing of Security Council experts
Michael Sharp and Zaida Catalán and the Congolese nationals who were accompanying
them.6 Other United Nations mechanisms, 7 international cooperation partners such as the
European Union, and international and Congolese non-governmental organizations (NGOs)
are also involved in efforts to combat impunity and to promote reconciliation in Kasai. For
example, the project entitled Peace, Justice, Reconciliation and Reconstruction in Kasai
Central, which is financed by the Peacebuilding Fund and implemented by the United
Nations Development Programme, the United Nations Joint Human Rights Office and the
NGO called Search for Common Ground, is focused on supporting the administration of
criminal justice, reconciliation and economic recovery in Kasai Central.
11.
In this context, the team of international experts sought to identify the added value
of its mandate and to determine how the team could help to strengthen the impact of
existing projects and programmes. The platform provided by the Human Rights Council
allows it to draw attention to efforts and gaps that might otherwise go unnoticed and to
ensure that the situation in Kasai is not forgotten. Equally, this attention from the
international community is likely to encourage the authorities of the Democratic Republic
of the Congo to redouble their efforts to create the conditions for lasting peace in Kasai and
to obtain appropriate assistance. As regards support for the implementation of the
recommendations, the team considered that, in addition to assisting the State, it could
catalyse the efforts of community leaders by bringing all stakeholders together around the
same table, as it did at the workshops held in Tshikapa and Kananga.
5
6
7
4
Human Rights Council resolution 35/33. These activities have continued under resolution 38/20.
S/2017/917.
For example, the United Nations Development Programme, the United Nations Population Fund and
the Office of the United Nations High Commissioner for Refugees.
GE.19-07485
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