RD Congo. Ouverture d’une enquête internationale sur les événements au Kasaï

Vendredi 23 juin 2017 à Genève, une résolution a été adoptée à l’unanimité au Conseil des droits de l’homme des Nations Unies. Cette résolution  appelle le Haut-Commissaire à nommer une équipe d’experts internationaux pour enquêter «sur les violations du droit international humanitaire et les violations des droits de l’homme et atteintes à ces droits commises dans la région du Kasaï.».

Les membres du gouvernement de monsieur Bruno Tshibala avaient pour mission d'empêcher la constitution d'une équipe indépendante pour enquêter sur les massacres perpétrés au Kasaï sous prétexte de souveraineté nationale!

Au final, il y aura bien des yeux étrangers pour démêler les événements survenus au Kasaï depuis bientôt un an.

Ci-dessous la déclaration du Haut Commissaire des Nations aux Droits de l'Homme.

Bruxelles, le 23 juin 2017

Cheik FITA

NOTA BENE. Seule la version anglaise de la résolution est disponible pour le moment, elle est en pièce jointe plus bas. Dès que nous aurons la version française, nous la mettrons également en ligne

Human Rights Council

Thirty-fifth session

6–23 June 2017

Agenda item 10

Technical assistance and capacity-building

                         Tunisia:* draft resolution

35/…   Technical assistance to the Democratic Republic of the Congo and accountability concerning the events in the Kasai regions

      The Human Rights Council,

      Guided by the purposes and principles of the Charter of the United Nations,

      Reaffirming that all States have a responsibility to promote and protect the human rights and fundamental freedoms enshrined the Universal Declaration of Human Rights, and other relevant instruments to which they are parties, including the International Covenants on Human Rights, and to fulfil their obligations under those treaties and agreements,

      Recalling General Assembly resolution 60/251 of 15 March 2006,

      Recalling also Human Rights Council resolution 33/29 of 30 September 2016 and its previous resolutions, on the situation of human rights and technical assistance in the Democratic Republic of the Congo,

      Recognizing the important role of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo and the United Nations Joint Human Rights Office in the Democratic Republic of the Congo in documenting human rights violations and in improving the situation of human rights in the country,

      Gravely concerned by the recent reports of a wave of violence, serious and gross human rights violations and abuses, and violations of international humanitarian law in the Kasaï regions perpetrated by all, including those involving recruitment and use of child soldiers, sexual and gender based violence, destruction of houses, schools, places of worship, and State infrastructures by local militias, as well as of mass graves,

      Strongly condemning the killing of two members of the expert group established by United Nations Security Council resolution 1533 (2003), Ms. Zaida Catalán and Mr. Michael Sharp, who were killed in Central Kasaï while discharging their mandate,

      Deeply alarmed by the humanitarian consequences of the violence affecting civilian populations in the Kasaï regions, which have led to more than 1.27 million internally displaced inside the country and at least 30 000 seeking refuge in neighbouring countries,

      Taking note of the United Nations Security Council Press Statements on the situation in the Democratic Republic of the Congo of 25 February 2017 and 4 May 2017,

      Also taking note of the press release by the United Nations High Commissioner for Human Rights on 9 June 2017, of the need to complement national efforts,

      Stressing its commitment to the fight against impunity with a view to ensuring the non-recurrence of human rights violations and abuses,

      1.            Condemns in the strongest terms all the violence, incitement to hatred and ethnic violence, human rights violations and abuses as well as violations of international humanitarian law witnessed in the Democratic Republic of the Congo, in particular those carried out in the Kasaï regions since August 2016, including those involving ethnically motivated violence, violence and abuses against women and children, unlawful recruitment and use of child soldiers, assassinations, extrajudicial killings, enforced disappearances, rapes and other forms of sexual and gender based violence, cases of mistreatment or torture and other cruel, inhuman or degrading treatment or punishment;

      2.            Urges the Government and all the relevant institutions of the Democratic Republic of the Congo to take all the necessary measures to prevent all violations of international humanitarian law and all the human rights violations and abuses in the Democratic Republic of the Congo, in particular when they constitute war crimes or crimes against humanity, and to hold accountable all those responsible, regardless of their political affiliation;

      3.            Emphasizes the individual responsibility of all stakeholders, to act in strict compliance with the rule of law and human rights,

      4.            Urges the Government of the Democratic Republic of the Congo to respect, protect and guarantee all human rights and fundamental freedoms for all, in accordance with the State’s international obligations, and to respect the rule of law;

      5.            Recalls that the Government of the Democratic Republic of the Congo bears the primary responsibility to protect all civilians within its territory, and urges it to exercise maximum restraint and proportionate lawful use of force in its efforts to restore order, in accordance with international law;

      6.            Commends the role played by regional and international organisations as well as neighbouring countries in providing protection and assistance to all people affected by the crisis in the Kasaï regions;

      7.            Calls on the Government to continue its cooperation with the Office of the High Commissioner for Human Rights, the United Nations Joint Office for Human Rights, the Human Rights Council and its special procedures, and underlines the necessity for the United Nations Joint Office for Human Rights to have unfettered and timely access to the whole territory, in particular to the Kasaï regions, to operate without hindrance and to have access to all relevant persons and documents;

      8.            Welcomes the commitment of the Government of the Democratic Republic of the Congo to continue its efforts through joint investigations on human rights violations and abuses and violations of international humanitarian law perpetrated in the Kasaï regions with MONUSCO and the United Nations Joint Office for Human Rights, in association with the African Union, as announced by the Minister for Human Rights during the interactive dialogue on the Democratic Republic of the Congo of 22 March 2017;

      9.            Takes note of the initial results of the national investigation into the allegations of human rights violations and abuses committed in the Kasaï regions;

      10.          Requests the High Commissioner for Human Rights to dispatch a team of international experts, including experts from the region, to collect and preserve information, to determine the facts and circumstances in accordance with international standards and practice, and while ensuring the protection of all persons who will cooperate with the team, in cooperation with the Government of the Democratic Republic of the Congo, including by facilitating visits and access to the country, sites and persons, concerning alleged human rights violations and abuses, and violations of international humanitarian law in the Kasai regions, and to forward to the judicial authorities of the Democratic Republic of the Congo the conclusions of this investigation in order to establish the truth and to ensure that the perpetrators of deplorable crimes are all accountable to the judicial authorities of the Democratic Republic of the Congo;

      11.          Requests the High Commissioner to present an oral update, and invite the team to participate in an enhanced interactive dialogue at the 37th session; and requests the High Commissioner to present a comprehensive report with the team’s findings, and to invite the team to participate in an interactive dialogue at the 38th session;

      12.          Requests the Office of the High Commissioner to provide the necessary technical assistance to the Government of the Democratic Republic of the Congo regarding its investigations into the allegations of human rights violations and abuses committed in the Kasai regions;

      13.          Requests that the Office of the High Commissioner for Human Rights receives all necessary and appropriate resources for the conduct of this mandate;

      14.          Decides to remain seized of the situation.