A/HRC/41/31
19.
The disarmament movement could lose its fragile momentum at any time. Moreover,
it is taking place in a context where ethnic tensions remain high, as illustrated by the events
of 24 February 2019 in Kamako (Kasai Province), where several Kamuina Nsapu militia
members who had surrendered their weapons were killed by the Armed Forces of the
Democratic Republic of the Congo after clashes between the Luba and Tetela peoples. So
far, there is nothing to suggest that the Bana Mura and Écurie Mbembe militias intend to
follow the example of the Kamuina Nsapu militia. Worse still, there are signs that a Tetela
militia may be forming.
20.
Meanwhile, a serious humanitarian crisis is raging as a result of the mass return of
several hundred thousand Congolese nationals, most of whom have been expelled from or
forced to leave Angola by the Angolan authorities. This influx has put additional pressure
on the almost non-existent reception facilities at the border and has caused serious
problems, including health problems, as a result. In addition to the violence that they have
suffered in Angola, returning displaced persons and expelled persons also appear to be
subjected to violence and extortion in the Democratic Republic of the Congo, by the
defence and security forces in particular. The humanitarian crisis is an obstacle to
reconciliation efforts in this area of Kasai. It was reported to the team of international
experts that, while the wounds have not yet had time to heal, the population is now a
mishmash of executioners and victims of the crisis that has been raging in Kasai since
2016. In these circumstances, which are complicated further by the humanitarian crisis, a
dialogue of reconciliation may not be a realistic prospect. Resolving the humanitarian crisis
at the Angolan border is therefore a major challenge that must be overcome in order to
restore lasting peace in Kasai.
V. Monitoring, evaluation and support for the implementation
by the Democratic Republic of the Congo of the
recommendations made by the team of international experts
21.
The conclusions of the team of international experts are based on the team’s
observations and interactions with various stakeholders, namely the political, judicial and
military authorities, the police, traditional leaders, the bar association, the academic
community, civil society organizations, MONUSCO and other United Nations entities, and
the diplomatic community.
22.
The team of international experts appreciates the State’s public commitment to
promoting justice and reconciliation in Kasai. In November 2018, under the aegis of the
then Minister of Justice, a working group, comprising the Minister of Defence, the Minister
for Human Rights, the Personal Representative of the Head of State for Combating Sexual
Violence and Child Recruitment and the Chief Military Prosecutor of the Armed Forces of
the Democratic Republic of the Congo, was set up to deal with issues relating to Kasai. The
meeting of this ministerial group was to be followed by technical working meetings, which
unfortunately had not yet been held when the team of international experts was finalizing
this report.
23.
The team of international experts proposes to review below the implementation of
the recommendations contained in the previous team’s report, which concern two main
areas, namely the fight against impunity and support for reconciliation and transitional
justice efforts.
A.
Monitoring of accountability concerning the events in the Kasai region
24.
Calling on the authorities of the Democratic Republic of the Congo to begin
combating impunity for the serious crimes committed in Kasai without further delay, the
team of international experts made a number of recommendations regarding the
investigation and prosecution of those crimes and the support provided to victims and
witnesses.
6
GE.19-07485
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