A/HRC/45/50
78.
The security situation in the Kasai region is relatively calm, characterized by a
worrying socioeconomic and humanitarian situation that has been made worse by the
hazards of the COVID-19 pandemic.
79.
While there have been some positive developments – including the
establishment of the interministerial working group responsible for implementing
recommendations and the holding of community consultations in Kasai Central – the
concerns expressed in the previous report of the team of international experts
(A/HRC/41/31) are still valid.
80.
In the light of the above, the team of international experts reiterates the
recommendations contained in its previous report, which called for the Government
of the Democratic Republic of the Congo to adopt the following measures:
(a)
Continue to work to secure the immediate release of the women and
children who are still being held captive by the Bana Mura militia in Kamonia
territory (Kasai Province);
(b)
Adopt an investigation and prosecution strategy that encompasses all
categories of perpetrators of serious crimes in Kasai, regardless of their status or
position, their motive and the place where the crime was committed;
(c)
Allocate to the military justice system in Kasai sufficient financial
resources and the personnel, equipment and logistical resources that are necessary for
it to investigate cases and issue rulings without undue delay;
(d)
Consider the possibility of recruiting female staff to work for the
military justice authorities in Kasai, and overcome the shortage of staff by making
greater use of the civil justice system and the pool of talent offered by the bar
association;
(e)
Ensure that specialized personnel are assigned the specific task of
investigating and prosecuting crimes of sexual violence and crimes involving minors;
and
(f)
Ensure that the disarmament process that is under way applies to all
militias without distinction and helps to facilitate reconciliation by ensuring the
effective return of militia members to their respective communities, with a genderspecific approach.
81.
Furthermore, the team of international experts recommends that the
Government of the Democratic Republic of the Congo should take the following steps:
(a)
Establish genuine reparation mechanisms for victims and ensure that
they function effectively;
(b)
Provide the interministerial working group with substantial financial
and material resources to facilitate its effective functioning and with a plan for the
implementation of the recommendations, with a timetable and allocation of the
corresponding budgetary resources;
(c)
Extend to other conflict-affected provinces the lessons learned from the
transitional justice mechanisms pilot project in Kasai Central Province;
(d)
Proceed with the effective disarmament of all militias, without
distinction;
(e)
Ensure that the disarmament of ex-militia members is accompanied with
socioeconomic reintegration measures;
(f)
Ensure the effective functioning of the courts in the Kasai region;
(g)
Recruit women judges and station them in the military courts of the
Kasai region to better address the numerous cases of rape and sexual violence against
women and the specific situation of displaced women and girls; and
(h)
Give effect to the outcomes of the community consultations conducted in
Kasai Central Province.
12
GE.20-11095
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