Technical Assistance to the Democratic Republic of the Congo and Accountability Concerning the Events in the Kasai Region

A/HRC/RES/38/20No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 10Technical assistance and capacity-building, published in 2018.

What subjects does this mandate have?

12 topics

Accountability Child Soldiers Children in Armed Conflicts Democratic Republic of the Congo Ethnic Conflict Experts Government Investigations Human Rights Violations Impunity Internal Security Reconciliation Technical Cooperation

What does this mandate say?

13 operative paragraphs

Condemns in the strongest terms all acts of violence, incitement to hatred and ethnic violence, human rights violations and violations of international humanitarian law committed by all parties to the conflict in the Kasai region since August 2016, including violence and abuse against women and children, the unlawful recruitment and use of child soldiers;

Condemns in particular violations and abuses committed against children, who were the first victims of the violence, and the conditions in which they were committed, including through the excessive use of force and the recruitment and use of children by the militias, calls upon all parties to put an immediate end to these serious human rights violations and abuses, and calls upon the Government of the Democratic Republic of the Congo to implement, with the support of relevant stakeholders, effective reintegration and rehabilitation programmes, taking into account gender-sensitive issues for children involved in armed conflict;

Notes with appreciation the work of the team of international experts dispatched by the United Nations High Commissioner for Human Rights, notes also the importance of the information and evidence it has collected to support future efforts regarding accountability for human rights violations and abuses in the Kasai region, and requests the High Commissioner to share the conclusions and recommendations of the team of international experts with the General Assembly;

Notes with concern the content of the statement made by the Chairperson of the team of international experts, during the interactive dialogue of 3 July 2018, on the ongoing acts of violence associated with the crisis in the Kasai region, the continuing recruitment and use of children by the Kamuina Nsapu and Bana Mura militias, as well as reports of continuing intercommunal violence and violence of the militias in the Kasai region;

Calls on the Government of the Democratic Republic of the Congo to continue and to intensify its efforts to respect, protect and guarantee all human rights and fundamental freedoms for all, in accordance with its international obligations, and to respect the rule of law;

Commends the role played by regional and international organizations as well as neighbouring countries in providing protection and assistance to all people affected by the crisis in the Kasai region;

Requests the Government of the Democratic Republic of the Congo to implement all the recommendations made by the team of international experts in its report, in particular those relating to the fight against impunity, so that all those responsible are brought to justice, and to promote reconciliation, and underscores in this regard the need to address the root causes of the conflict to ensure the non-recurrence of violence;

Requests the High Commissioner to dispatch a team of two international human rights experts, with adequate support, to be charged with monitoring, evaluating, providing support and reporting on the implementation by the Democratic Republic of the Congo of the recommendations made by the previous team of international experts in its report, in particular with regard to the fight against impunity and the measures to promote reconciliation, and to make recommendations in this regard, as appropriate;

Also requests the High Commissioner to present an oral update on the developments of the human rights situation in the Kasai region and to invite the team of two international experts to participate in an enhanced interactive dialogue at its fortieth session, and further requests the High Commissioner to transmit and submit a comprehensive report on the human rights situation in the Kasai region, including the conclusions of the team of two international experts, and to invite the team to participate in an interactive dialogue at its forty-first session;

Requests the Office of the United Nations High Commissioner for Human Rights to provide the Government of the Democratic Republic of the Congo with technical assistance, including the necessary forensic expertise, to support the Congolese judicial authorities in their investigations into allegations of human rights violations and abuses, and crimes committed in the Kasai region, to ensure that all perpetrators are brought to justice;

Calls upon the Government of the Democratic Republic of the Congo to cooperate with the team of two international experts;

Requests that the Office of the High Commissioner receive the necessary and appropriate resources for the performance of its mandate;

Decides to remain seized of this matter.

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