A/HRC/45/50
I. Introduction
1.
Taking note of the observation by the team of international experts in its previous
report that the current lull in the violence in Kasai is fragile, ethnic tensions remain high
and the situation must still be monitored closely, (A/HRC/41/31, paras. 19 and 72), the
Human Rights Council, in its resolution 41/26 of 12 July 2019, renewed the mandate of the
team of international experts, tasking it with observing, assessing and assisting the efforts
of the Democratic Republic of the Congo in implementing the recommendations contained
in the report of the previous team of international experts and instructing it to submit a final
report to the Council at its forty-fifth session.
2.
In order to facilitate its performance of this mandate, the Human Rights Council
requested the United Nations High Commissioner for Human Rights to provide, at the
request of the authorities, technical assistance, including the necessary forensic expertise, to
the Government of the Democratic Republic of the Congo in order to support the judicial
authorities in their investigations into allegations of human rights violations and abuses in
the Kasai region and other regions of the country, with a view to bringing those responsible
to justice.
3.
The international experts, Bacre Waly Ndiaye, of Senegal, as Chair of the team, and
Sheila B. Keetharuth, of Mauritius, as a team member, were appointed for this purpose by
the Human Rights Council. In carrying out its mandate, the team of international experts
was supported by a secretariat based in Kananga, composed of three international members
and one national member. The team of international experts proceeded to draw up its
workplan and to plan its field visits. Of the six planned visits, the team carried out only two:
from 7 to 16 November 2019 and from 12 to 28 January 2020. The team of international
experts was unable to implement its workplan as foreseen owing to the coronavirus
(COVID-19) pandemic.
4.
However, on 17 June 2020, both international experts took part in the Human Rights
Council’s interactive dialogue on the Democratic Republic of the Congo, participating by
videoconference from their respective countries because of the COVID-19 restrictions in
force during the Council’s forty-third session. At that time, they reported on the progress of
their work and shared some preliminary findings.
5.
The present report, submitted to the Human Rights Council at its forty-fifth session,
contains the conclusions and recommendations of the team of international experts.
II. Mandate
6.
To carry out its new mandate, the team of international experts adopted a threepronged approach, namely: (a) monitoring judicial cases in the context of the fight against
impunity; (b) monitoring the reconciliation, transitional justice and reparation process; and
(c) providing institutional support for the State bodies responsible for implementing
recommendations.
7.
This mandate has been taken up not only in a context where the World Bank and
several international non-governmental organizations (NGOs) are launching humanitarian
and development projects in the Kasai region, but also in a period of transition, where the
United Nations Organization Stabilization Mission in the Democratic Republic of the
Congo (MONUSCO) is gradually arranging for its withdrawal from the country. In view of
the presence of multiple actors in the Kasai region, it goes without saying that the mandate
of the team of international experts will have added value only if it is seen as a catalyst and
guide for the social and judicial policies undertaken in the region. Thus, during each of the
visits of the team of international experts, meetings with the country’s highest authorities
play a decisive role in facilitating and accelerating the implementation of activities on the
ground. Indeed, in addition to the activities carried out by MONUSCO and the United
Nations Joint Human Rights Office, each visit to the Democratic Republic of the Congo by
the team of international experts is an opportunity to assess the Government’s efforts to
prosecute the perpetrators of serious crimes committed during the crisis linked to the
Kamuina Nsapu militia in the Kasai region and also to question the Government on
obstacles observed in the fight against impunity and the promotion of reconciliation and
social reintegration, transitional justice and reparations.
GE.20-11095
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