A/HRC/45/50
country’s migration service. While some were quarantined, quarantine was impossible for
those who returned through unofficial border crossings. A climate of mistrust thus
developed, leading to discrimination and stigmatization. Some of the people who were
forced to return do not wish to go back to their communities because they are afraid of
being outcasts; others have had their land and property taken away.
71.
According to the United Nations Office for the Coordination of Humanitarian
Affairs, “[i]n the first half of 2020, there were several alerts of continuing operations to
expel undocumented Congolese from Angola to the provinces of Kasai and Kwango.
According to the Directorate General for Migrations of Kasai Province, 13,686 deportees
and 764 voluntary returnees crossed various border points on the Angolan border between
January and June 2020. They thus joined hundreds of thousands of other returnees in the
provinces of Kasai, Kasai Central, Kasai Oriental, Lomami and Kwango, where more than
516,000 people (expelled from Angola, returnees from the Kamuina Nsapu crisis or
repatriated persons) were registered in 2019”.1
72.
This new influx increased the number of displaced persons and further complicated
an already dire humanitarian situation; persons who had previously been displaced are
living in difficult circumstances without any sustainable solutions. This situation has led to
serious problems, including health issues, as reception infrastructures are either inadequate
or practically non-existent. 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 and addressing
the situation of displaced persons throughout the Kasai region is therefore a major
challenge that must be overcome in order to restore lasting peace in Kasai.
73.
With regard to women, the team of international experts notes that no measures have
been taken specifically for women in the context of management of the humanitarian crisis.
Yet special attention has to be paid to displaced women heads of household and girls,
owing to their specific vulnerability.
74.
The team of international experts calls on humanitarian organizations to provide
further support to the Congolese authorities to address this situation. It urges the
Governments of the Democratic Republic of the Congo and Angola to include the
humanitarian dimension and respect for human rights in any expulsion or repatriation
measures.
VI. Conclusions and recommendations
75.
The team of international experts welcomes the full cooperation of the
Government and its openness to implementing the recommendations on Kasai.
76.
The team of international experts reiterates the urgent need to make the fight
against impunity the foundation and the catalyst for a return of the region to peace
and stability. For this reason, while noting that some militiamen have been prosecuted
and arrested, it encourages the courts to act just as effectively against all the alleged
perpetrators of serious human rights violations committed during the Kamuina Nsapu
militia crisis.
77.
The 16 priority cases identified by the senior military prosecutor’s office at the
military court of the former Kasai Occidental are still in the preliminary investigation
stage. Nearly three years after the cases were opened, none is about to be closed or
referred to the courts for trial. Thus, the fight against impunity is still an entirely open
question.
1
GE.20-11095
United Nations Office for the Coordination of Humanitarian Affairs, “Plan opérationnel 2020 : région
Kasai, Kwango et Kwilu”, second half of 2020, p. 8.
11
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