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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