A/HRC/41/31
results unless the socioeconomic dimension of the conflict in Kasai is taken into
consideration. The vast majority of inhabitants live in a state of extreme poverty even
though the region is brimming with potential wealth. It is therefore urgently necessary
to take robust measures to address this discrepancy. In particular, the team considers
that the exploitation of mineral resources in the Kasai region could be used to finance,
among other things, the rebuilding of infrastructure, access to water and electricity
for all, and the revival of a sound economy and sustainable agriculture, in the
framework of a real emergency plan for the development of Kasai, with the support of
the international community and the diaspora.
79.
The team of international experts considers that, in order to emerge from the
crisis in Kasai, it is essential to step up efforts to combat impunity and to speed up the
process of community reconciliation and the establishment of an inclusive transitional
justice mechanism that is aimed at establishing the truth, identifying the root causes of
the crisis and providing redress to victims.
80.
The team of international experts recommends that the authorities of the
Democratic Republic of the Congo take the following steps:
(a)
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 sufficient financial resources and the personnel, equipment and
logistical resources that are necessary to enable the military justice authorities in
Kasai to investigate and try cases 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;
(f)
Enforce the application of judicial protection measures for victims of
crimes of sexual violence and child victims and encourage these persons to lodge
complaints by providing them with effective legal assistance;
(g)
Set up a reparation fund in order to assist victims individually and to
speed up the rebuilding of communities affected by the violence;
(h)
Ensure that persons convicted of crimes are given appropriate sentences
and are prohibited from joining or remaining in the defence and security forces;
(i)
Ensure that, in cases where minors are to be tried, investigators are
given specialized training and that accused minors are tried in specialized chambers
with appropriate procedures in place;
(j)
Revitalize community reconciliation efforts in Kasai without delay and
establish an inclusive and appropriate transitional justice mechanism;
(k)
Launch audiovisual information programmes in order to reduce the
ethnic tensions that the crisis may have caused and promote dialogue and
reconciliation between communities;
(l)
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;
(m) Organize a conference on Kasai, with the support of the international
community and the diaspora, in order to mobilize resources for major projects
relating to road and rail communications, water and electricity distribution and
GE.19-07485
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