A/HRC/41/31
III. Cooperation between the team of international experts and
the authorities of the Democratic Republic of the Congo
12.
A mandate such as the one given to the team of international experts cannot be
fulfilled without genuine collaboration between the international experts and the authorities
of the State concerned. The team appreciated the spirit of cooperation and openness that
marked its exchanges with the national and provincial authorities of the Democratic
Republic of the Congo over the course of its missions. The secretariat based in Kananga
was able to carry out its work unhindered by the political and military authorities.
13.
This spirit of openness was demonstrated by the new President of the Republic,
Félix Tshisekedi, who met with the international experts on 8 March 2019. During this
meeting, which was also attended by the Minister for Human Rights, President Tshisekedi
and the international experts discussed the challenges relating to the fight against impunity
and the process of reconciliation and transitional justice in Kasai. President Tshisekedi,
who has made respect for human rights a priority of his term in office, expressed his
appreciation for the work of the international experts.
14.
The missions undertaken by the team of international experts coincided with a
period of political transition, between the presidential and legislative elections of 30
December 2018 and the instatement of the new national and provincial government
authorities, which had not yet occurred at the time of writing. Generally, however, the
outgoing authorities dealt with day-to-day matters during this period, which enabled the
team to continue the existing dialogue regarding Kasai.
IV. Current situation in Kasai
15.
Since the previous team of international experts completed its work, the situation in
the Democratic Republic of the Congo and Kasai has changed significantly in ways that
have affected the implementation of the team’s recommendations.
16.
On 30 December 2018, the people of the Democratic Republic of the Congo went to
the polls to elect a new president. On 20 January 2019, the Constitutional Court proclaimed
Félix Tshisekedi President of the Republic, thus paving the way for the first peaceful
transition in the history of the country. The election of Mr. Tshisekedi, a native of Kasai,
gave the people of that region hope that they would no longer feel abandoned by the central
Government. Moreover, Mr. Tshisekedi’s commitment to making human rights a priority
could give fresh impetus to the fight against impunity and to reconciliation and transitional
justice efforts in Kasai.
17.
The election of Mr. Tshisekedi sparked a spontaneous voluntary disarmament
movement among members of the Kamuina Nsapu militia. 8 The election of a “son of
Kasai” seems to have made some Kamuina Nsapu militia members feel as though they are
now part of the central authority that they had previously fought against. In Kananga, the
provincial authorities have offered monetary compensation according to the type of weapon
that is handed in.
18.
The team of international experts notes, however, that the disarmament process is
being conducted in a highly questionable manner and lacks supervision and perspective.
Weapons are deposited in exchange for money and the circulation of those weapons is not
effectively controlled. Furthermore, the process does not address the issue of reintegration,
especially that of girls, or the issue of criminal responsibility. It should be noted that the
process has been suspended and MONUSCO has offered its assistance.
8
GE.19-07485
It is worth noting that this is not the first disarmament movement that has occurred among the
Kamuina Nsapu militia. After the forum for peace, reconciliation and development in September
2017 and the election of the Governor of Kasai Central Province in December 2017, some Kamuina
Nsapu militia leaders handed in their weapons, although in circumstances that raise many questions.
5
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