A/HRC/45/50 B. Reconciliation and transitional justice in the Kasai region 52. In its previous report, the team of international experts recommended that the Government should revitalize community reconciliation efforts in Kasai without delay and establish an inclusive and appropriate transitional justice mechanism (A/HRC/41/31, para. 80 (j)). 53. The team of international experts notes with satisfaction that the Government plans to set up a national council for conflict prevention and transformation. It notes that this government initiative comes after community consultations were held in the province of Kasai Central as part of the implementation of the joint peace, justice, reconciliation and reconstruction programme in that province. 54. The team of international experts also notes that, in addition to Kasai Central, there are plans for similar transitional justice mechanisms in Kasai and Tanganyika provinces. In this regard it is concerned about the question of how the provincial, regional and national dimensions of transitional justice, truth and reconciliation projects fit together in the Democratic Republic of the Congo. 55. This reconciliation process, which does not cover the entire Kasai region, nonetheless affected by the same crisis, unfortunately is taking place in a context where the security and humanitarian situation in the region is still alarming. 1. Community consultations in Kasai Central Province 56. The team of international experts welcomes the organization of the community consultations that took place in Kasai Central Province from 15 to 23 August 2019. These inclusive consultations made it possible to hear the views of local populations affected by the violence regarding the needs for justice, reparation, reconciliation, truth, peaceful coexistence and the prevention of further conflict. 57. During the ceremony for the formal presentation of the consultations’ report, the provincial government committed itself to fully implementing the recommendations issued as a result of the consultations. The team of international experts is concerned about the fact that, to its knowledge, no action has been taken by the Government of the Democratic Republic of the Congo to take on board the results of the community consultations. In addition, it is concerned that the implementation of the recommendations resulting from the consultations is being delayed owing, inter alia, to the dismissal of the Governor of Kasai Central Province. 58. The team of international experts also notes that on 11 June 2020 the provincial Minister of Justice issued an order appointing the members of a drafting committee for the draft provincial decree on the establishment and operation of the provincial truth, justice and reconciliation commission. 2. Question of how the provincial, regional and national dimensions of the truth and reconciliation commissions in the Democratic Republic of the Congo fit together 59. At various meetings held by the team of international experts with the national authorities, the authorities welcomed the pilot project on transitional justice in Kasai Central Province and expressed the hope that the experiment would be extended to other provinces that have had social conflicts, in particular Tanganyika, Nord-Kivu, Sud-Kivu, Ituri and Mai-Ndombe. 60. However, the team of international experts notes that there has been a new approach to the transitional justice process. According to the Ministry of Human Rights, transitional justice mechanisms must be led by the Government of the Democratic Republic of the Congo and not by the provincial authorities, the latter apparently being the case at present with the experiment in Kasai Central. During the interactive dialogue on the Democratic Republic of the Congo, the Minister stated that his country intended “to revive the Truth and Reconciliation Commission, which proved its worth between 2003 and 2006”. During a telephone meeting held on 10 August 2020 with the international experts, the Minister for Human Rights stated that the draft decree on the transitional justice mechanism in the Democratic Republic of the Congo would be adopted very soon. GE.20-11095 9

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