A/HRC/41/31
I. Introduction
1.
Starting in August 2016, the Kasai region of the Democratic Republic of the Congo
suffered a wave of bloody violence perpetrated by armed groups (the Kamuina Nsapu,
Bana Mura and Écurie Mbembe militias) and members of the defence and security forces of
the Democratic Republic of the Congo (the Armed Forces of the Democratic Republic of
the Congo, the national police, the National Intelligence Agency and the Directorate
General of Migration). Several thousand people were killed, countless acts of violence were
committed against civilians and entire villages were set on fire and plundered. The violence
also resulted in the displacement of more than one million people, giving rise to an acute
humanitarian crisis.
2.
At the request of the Human Rights Council, the United Nations High
Commissioner for Human Rights dispatched a team of three international experts in 2017 to
determine the facts and circumstances of the alleged human rights violations and violations
of international humanitarian law in the Kasai region.1
3.
In the report that it submitted to the Council in July 2018, the team of international
experts concluded that the parties involved had: (a) deliberately killed civilians, including
many children; (b) committed numerous atrocities, including mutilation, rape and other
forms of sexual violence; and (c) destroyed entire villages. It also concluded that some of
these abuses constituted crimes against humanity and war crimes, as well as serious
violations of human rights. 2 Recognizing the urgent need to begin combating impunity for
the crimes and violations committed in Kasai since 2016, while stressing the need for nonjudicial measures to promote reconciliation, the team of international experts made a
number of recommendations to the authorities of the Democratic Republic of the Congo. 3
4.
On 6 July 2018, noting with concern the conclusions of the team of international
experts, the Human Rights Council requested the High Commissioner to dispatch a new
team of international experts to monitor, evaluate and support the implementation by the
Democratic Republic of the Congo of the recommendations made by the previous team in
its report, in particular with regard to the fight against impunity and measures to promote
reconciliation and transitional justice.4
5.
The international experts, Bacre Waly Ndiaye of Senegal (Chair) and Sheila B.
Keetharuth of Mauritius (member), were appointed by the High Commissioner on 20
August 2018 and performed this monitoring and evaluation work once their secretariat had
been set up, over the course of three missions to the Democratic Republic of the Congo in
November 2018, February and March 2019 and April 2019. They supported the competent
authorities by holding thematic workshops, one on 28 February 2019 in Tshikapa, on
investigation and prosecution strategies in the fight against impunity, and another on 17 and
18 April 2019 in Kananga, bringing together the stakeholders involved in the reconciliation
and transitional justice process in the Kasai region. The new team of international experts
was supported in the fulfilment of its mandate by a secretariat that was based in Kananga
and composed of nine members, including five international members, some of whom were
experts in the areas of gender and transitional justice.
6.
On 19 March 2019, the two international experts participated in an enhanced
interactive dialogue at the fortieth session of the Council, during which they reported on the
progress of their work and shared some preliminary findings. The present report, submitted
to the Council at its forty-first session, contains the conclusions and recommendations of
the team of international experts.
1
2
3
4
GE.19-07485
Human Rights Council resolution 35/33 of 23 June 2017, para. 10.
Report of the team of international experts on the situation in Kasaï (A/HRC/38/31), paras. 105–109.
Ibid., paras. 110–113.
Human Rights Council resolution 38/20.
3
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