A/HRC/38/31
transform into lethal weapons. Older militia members with better equipment such as
traditional firearms or hunting weapons, and sometimes with automatic weapons, followed
in the last line.
33.
The number of militia members in an operational group varied but was generally
between 15 and 30, most of whom were children. At the head of each group was a
“general” or “capita” During the operations, the Kamuina Nsapu militia almost always
wore the same distinctive clothing: Red headbands, with small knives and jujus around the
neck. The Kamuina Nsapu militia managed in a very short time to recruit militia members,
carry out attacks in the five provinces of Kasaï and take control of villages and towns for
several weeks or even months at a time.
34.
Since 2017, the militia has become increasingly violent and its attacks have taken on
an ethnic character outside areas where the language of the Luba people is spoken.
C.
Bana Mura militias
35.
The Bana Mura militias are made up mostly of Chokwe men, but also include some
Pende and Tetela men. They were set up in February and March 2017 in certain parts of the
Kamonia territory and the town of Tshikapa, in Kasaï Province, in response to the attacks
by the Kamuina Nsapu militia, which is Luba, against Chokwe and Pende people.
36.
The Bana Mura militiamen had connections with certain representatives of the State.
In the town of Kamonia, meetings were held between political and security authorities and
local chiefs in order to set up militia groups. Some local leaders, in particular the chief of
the village of Muyeji, played an important role in the organization of the Bana Mura
militias. While it is difficult to find a shared chain of command, there were links between
the various Bana Mura militias. For example, weapons distributions organized by the local
authorities took place in several parts of the territory of Kamonia.
37.
The Bana Mura militiamen were for the most part locally recruited young men
between the ages of 18 and 22. The militiamen often had new weapons (machetes and
hunting rifles).
38.
The operations carried out by the Bana Mura militias were particularly violent and
were often conducted with the defence and security forces, and sometimes under their
command. In other cases, the Bana Mura militias operated alone, with the defence and
security forces refraining from intervening to stop the violence and help the victims.
Recently, the defence and security forces have sometimes engaged the Bana Mura militias.
VII. Establishment of the facts and circumstances
A.
April–August 2016: Beginning of the violence in Dibaya territory, Kasaï
Central
39.
The search of the home of the customary chief, Kamuina Nsapu, on 3 April 2016
and the subsequent establishment of his “political and customary” movement, followed by
the recruitment of militia members, marked the onset of the violence in Dibaya territory of
Kasaï Central. Between May and August 2016, several hundred militia members, for the
most part girls and boys, were thus recruited in his village and in Dibaya territory.
40.
Beginning in June, the Kamuina Nsapu militia set up barriers around the village of
Kamuina Nsapu to control the movement of the police, the military and other
representatives of the State. On 22 July, a first attack was launched against symbols of the
State, leading to the destruction of the police station in the village of Mfuamba. The next
day, the village of the Ntenda customary chief, who was in conflict with the Kamuina
Nsapu customary chief, was attacked. This was the first deadly attack by the militia, and it
left at least six dead, four persons with bullet wounds and over a hundred houses burned.
8
GE.18-10936
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