A/HRC/38/31
107. The violence in Kasaï has awakened latent ethnic tensions and, since the
beginning of 2017, the conflict has taken on an ethnic dimension, particularly in
Kamonia territory. The team is of the view that the abuses committed by the Bana
Mura militia against members of the Luba ethnic group may be characterized as
persecution on political and ethnic grounds constituting crimes against humanity.
108. The team considers that there is an urgent need for a militia disarmament
policy and a reconciliation process so as to forestall a new wave of violence and to
enable the return of internally displaced persons and refugees.
109. Impunity remains a very serious problem, given the scale and gravity of the
crimes in question. While a few judicial proceedings have been initiated and some
decisions handed down, the efforts made to date are clearly insufficient to provide a
satisfactory response to the victims in view of the nature of the crimes. Rigorous and
extensive work remains to be done by the judicial authorities to ensure that the
perpetrators of the crimes linked to the wave of violence are brought to justice and
that the rights of the very numerous victims are effectively restored. While it is
primarily the responsibility of the authorities of the Democratic Republic of the
Congo to try the perpetrators of international crimes, the team recalls that the
Prosecutor of the International Criminal Court, which is already investigating the
situation in the Democratic Republic of the Congo, has expressed concern about the
acts of violence committed in Kasaï and has indicated that she will continue to
monitor the situation closely.
B.
Recommendations
110. The international team of experts recognizes the urgent need to begin
combating impunity forthwith by punishing the most serious crimes committed by all
those involved in the crisis. However, in order to prevent the violence from recurring,
bring justice to the victims and foster reconciliation, punishment for the most serious
crimes will not, alone, be sufficient.
111. The team recommends that the authorities of the Democratic Republic of the
Congo take the following steps:
(a)
Engage in an inclusive process of transitional justice aimed at
establishing the truth, identifying the root causes of the crisis and providing redress to
victims, in order to ensure reconciliation;
(b)
Honour their international commitments and enforce existing laws;
(c)
Strengthen the capacity of Kasaï military prosecutors’ offices to
investigate, prosecute and try perpetrators, including the highest-ranking officials, for
the many international crimes committed in Kasaï since 2016, by:
(i)
Increasing the human and logistical resources of military prosecutors’
offices;
(ii)
Ensuring that the officers in charge of the prosecutors’ offices have at
least the same rank as the operational officers who may be held criminally
liable;
(iii) Applying a prosecution strategy so as to ensure that the perpetrators of
crimes from all the parties involved in the violence are brought to justice;
(d)
Ensure that specialized personnel are assigned the specific task of
investigating and prosecuting crimes of sexual violence;
(e)
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;
18
GE.18-10936
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents