33/63 Report of the Independent Expert on the situation of human rights in the Central African Republic
Document Type: Final Report
Date: 2016 Jul
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item10: Technical assistance and capacity-building
GE.16-12727 (E) 150816 170816
Human Rights Council Thirty-third session
Agenda item 10
Technical assistance and capacity-building
Report of the Independent Expert on the situation of human rights in the Central African Republic
Note by the Secretariat
The Secretariat has the honour to transmit to the Human Rights Council the report
by the Independent Expert, Marie-Thérèse Keita Bocoum, on the human rights situation in
the Central African Republic, submitted pursuant to Council resolution 30/19. The report
follows three visits by the Independent Expert and describes the overall evolution of the
human rights situation in the Central African Republic together with major developments.
The Presidential election raised great expectations among the population, which is
looking forward to the implementation of the Government’s programme, especially as
regards security and justice.
The security situation is still marked by the heavy presence of armed groups
throughout the territory, the threats they pose to the civilian population and to displaced
persons living in camps or enclaves, intercommunity tension, issues linked to
transhumance, clashes within armed factions, the widespread availability of small arms,
surging crime rates, the absence of State authority and the marginalization of the population
in the eastern part of the country. At the end of June 2016, the situation was still worsening.
The Independent Expert underscores the importance of giving priority to ensuring
the protection of civilians and immediately carrying out the reforms of the security sector
that will make it possible to reassure civilians and to launch the other sectoral plans of
action.
The Independent Expert encourages the authorities to ensure that the road map and
short- and medium-term sectoral plans are operational, with coordinated support from their
international partners. The Expert commends the importance given to the implementation
of the Republican Pact adopted at the conclusion of the Forum held in Bangui in May 2015,
in particular as regards efforts to combat impunity and to foster the inclusion of groups that
feel marginalized.
United Nations A/HRC/33/63
General Assembly Distr.: General 22 July 2016
English
Original: French
2 GE.16-12727
Report by the Independent Expert on the human rights situation in the Central African Republic
Contents
Page
I. Introduction ................................................................................................................................... 3
II. General situation ........................................................................................................................... 4
A. Political context and elections .............................................................................................. 4
B. Security context .................................................................................................................... 6
III. Human rights situation .................................................................................................................. 7
A. Acts of abuse attributed to armed groups.............................................................................. 7
B. Violations attributed to the national armed forces ................................................................ 9
C. Minority rights ...................................................................................................................... 10
D. Refugees and internally displaced persons .......................................................................... 11
E. Violence connected with accusation of witchcraft................................................................ 11
F. Gender-based violence .......................................................................................................... 12
G. Situation of children ............................................................................................................. 12
H. Humanitarian situation and economic, social and cultural rights ......................................... 13
I. Violations attributed to the international forces .................................................................... 14
IV. Transitional justice mechanisms and combating impunity ............................................................ 15
A. Special Criminal Court ......................................................................................................... 15
B. Non-judicial mechanisms and reconciliation ........................................................................ 15
C. Court and prison administration ........................................................................................... 17
V. Conclusions and recommendations ............................................................................................... 18
A. Conclusions .......................................................................................................................... 18
B. Recommendations ................................................................................................................. 19
GE.16-12727 3
I. Introduction
1. The present report is submitted in accordance with Human Rights Council resolution
30/19 of 2 October 2015, in which the Council renewed the mandate of the Independent
Expert and asked her to submit a written report at its thirty-third session.
2. The report of the Independent Expert covers the period from July 2015 to June 2016,
during which time she conducted three visits to the Central African Republic, from 1 to 6
September 2015 and from 1 to 11 March and 10 to 20 June 2016.
3. In September 2015, she participated in an international seminar on efforts to combat
impunity in the Central African Republic together with the United Nations High
Commissioner for Human Rights. The seminar was organized by the United Nations
Multidimensional Integrated Stabilization Mission in the Central African Republic
(MINUSCA) and the Office of the United Nations High Commissioner for Human Rights
in cooperation with the Ministries of Justice and National Reconciliation.
4. In March 2016, the Independent Expert participated in the inauguration of a research
centre for human rights and democratic governance at the law faculty of the University of
Bangui.
5. The Independent Expert is grateful to the transitional authorities for their helpfulness
and cooperation. She welcomes the willingness of the newly elected authorities, from the
outset to work in close partnership and to engage in a frank dialogue on the country’s
human rights situation and on ways to strengthen national capacities and mechanisms.
6. The Independent Expert met with the President-elect, Faustin-Archange Touadéra,
the Prime Minister and several members of the Government, the President of the National
Assembly and the members of his executive office and senior representatives of the central
and territorial administration, including the prosecutor-general of the Bangui district court
and the senior judge, whom she thanks for their cooperation.
7. Discussions were also held with the leadership and the various sections of
MINUSCA, United Nations agencies and humanitarian organizations, the force
commanders of MINUSCA and Operation Sangaris, and representatives of the diplomatic
corps, including the African Group of Ambassadors. The Independent Expert also met with
various representatives of civil society, human rights organizations, women’s organizations,
youth representatives and leaders of the Interfaith Peace Platform and other religious
leaders. In addition, she spoke with representatives of political parties and of the main ex-
Séléka and anti-balaka armed groups.
8. In addition to Bangui, the Independent Expert visited Bossangoa, north-west of
Bangui, Kaga Bandoro, 245 kilometres north of Bangui and Ndélé, in the north of the
country. She also conducted visits to the PK-5 Muslim enclave in Bangui, to the Bimbo
women’s prison and to Ngaragba central prison in Bangui.
9. The Independent Expert extends particular thanks to the Director of the Human
Rights Division of MINUSCA and its staff for their support in organizing her visits.
10. The Independent Expert also participated in two interactive dialogues with the
Human Rights Council at its thirty-first and thirty-second sessions. During the interactive
dialogue of 28 June 2016, she expressed regret that the Government and MINUSCA had
been unable to send representatives to attend the discussion on transitional justice. In 2015,
the transitional authorities sent the Ministers of Justice and National Reconciliation to
attend the dialogue on efforts to combat impunity at which MINUSCA was represented by
the Deputy Special Representative of the Secretary-General for the Central African
4 GE.16-12727
Republic. Civil society representatives attended both dialogues thanks to the financial
support of MINUSCA.
II. General situation
A. Political context and elections
11. The year 2016 was marked by a referendum on the new Constitution and
presidential and legislative elections, signalling the end of the political transition that had
begun on 18 August 2013 for an initial period of 18 months and which had been extended
until the swearing-in of the new President, who was elected on 30 March 2016. The
elections received significant backing from MINUSCA and the international community.
12. The period was also marked by an upsurge in violence, the like of which had not
been seen since early 2014, during September and October 2015. The violence in the
capital left dozens dead and hundreds injured. Violent incidents also occurred in other cities
across the country.
13. In early October 2015, the transitional President organized a series of consultations
with 400 members of local authorities and political actors in order to find a peaceful
solution to the crisis. However, many coalitions of political parties refused to participate,
while others denounced the non-inclusive nature of the consultations. Violent incidents
continued to occur until late October.
14. In his address to the National Transitional Council, which met on 21 and 22 October
2015, the transitional Prime Minister, Mahamat Kamoun, designated the supporters of
former Presidents François Bozizé and Michel Djotodia as the main instigators of the
violence. In late November, the transitional Government finally carried out a ministerial
reshuffle in response to criticism of the action of the Government during the September
crisis.
15. On 9 November, the national electoral authority announced the following electoral
calendar: a constitutional referendum scheduled for 13 December, a combined first round of
presidential and legislative elections scheduled for 27 December (postponed until 30
December) and a second round of elections scheduled for 31 January 2016.
16. The visit of Pope Francis on 29 and 30 November 2015 had a profound impact on
the people of the Central African Republic. In visiting Catholic, Protestant and Muslim
religious institutions, he sent a strong message urging all communities to show respect,
tolerance and a spirit of reconciliation in dealing with one another. His visit to the PK-5
Muslim enclave was cheered by thousands of residents who followed him peacefully to the
stadium. The Pope’s unprecedented walk through PK-5 served to dispel fear and to
encourage a certain freedom of movement between the Muslim enclave and the other
districts of Bangui.
17. On 8 December, the transitional Constitutional Court ruled on the validity of all the
candidatures for the presidential election. Of the 44 candidatures received, the Court found
14 to be invalid, including those of former President François Bozizé and the anti-balaka
leader Patrice Édouard Ngaïssona, a decision which did not lead to violence in the streets.
18. On 9 December, 25 of the 30 candidates for the presidential election and 45 leaders
of political parties pledged to observe a code of good conduct for their participation in the
electoral process, which they have by and large respected.
19. The constitutional referendum led to the adoption of a new Constitution, with 93 per
cent of the votes cast in favour, and took place peacefully, despite a few incidents. The first
GE.16-12727 5
section of the Constitution recognizes the existence of human rights as the basis of every
human community and of global peace and justice, respect for rights and fundamental
individual freedoms and the separation of powers. The Independent Expert welcomes the
removal from the final version of those initial provisions, which would have guaranteed the
incumbent President immunity from prosecution except in the case of high treason, and
guaranteed former Presidents immunity on account of their capacity as honorary members
of the Constitutional Court.
20. The first round of presidential and legislative elections took place on 30 December,
having been postponed for three days. Overall, the elections took place peacefully with a
turnout of 62.3 per cent. Thanks to the efforts of the Office of the United Nations High
Commissioner for Refugees (UNHCR), refugees located in Cameroon, the Congo and Chad
were able to participate in the election. However, the Democratic Republic of the Congo
did not allow the some 112,000 Central African refugees on its territory to register to vote.
21. In connection with the legislative elections, 415 appeals were lodged, leading the
transitional Constitutional Court to invalidate the ballot and to request a new first round of
elections to be held. The appeals were based primarily on allegations of irregularities and
fraud, corruption and intimidation of voters and candidates.
22. The second round of the presidential election and the new first round of the
legislative elections took place on 14 February 2016. Observers noted a marked
improvement in the conduct of the ballot, as the majority of polling stations opened on time
and were properly equipped. The transitional Constitutional Court announced the final
results of the presidential election on 1 March, confirming the victory of independent
candidate Faustin-Archange Touadéra with 62.69 per cent of the vote over Anicet-George
Dologuélé with 37.31 per cent of the vote. The turnout rate was 58.88 per cent. Mr.
Dologuélé quickly conceded defeat and called upon his supporters to accept the results of
the ballot.
23. The transitional Constitutional Court received 152 appeals relating to the legislative
elections. On 14 March, the Court confirmed the victory of 45 candidates (for the 140 seats
to be filled in Parliament) by an absolute majority in the first round of elections;
regrettably, they included the anti-balaka leader Alfred Yekatom (also known as Colonel
Rhombot or Rambo), whose name appears on the list of sanctions drawn up by the Security
Council sanctions committee established by resolution 2127 (2013). The inauguration of
President Touadéra took place on 30 March 2016. In his inaugural speech, the President
stated that his inauguration signalled the return of the Central African Republic to the
African and international scene, that security was his highest priority and that he would do
everything in his power to enable Central Africans to live in peace throughout the whole of
the national territory. He also drew attention to the importance of proper management of
public resources and good governance, thereby demonstrating a willingness to break with
past practices.
24. President Touadéra appointed his campaign manager, Simplice Sarandji, as Prime
Minister on 2 April and his new Government by decree on 11 April. His cabinet, which
consists of 23 ministers, includes 4 women and 4 Muslims, who hail from all regions of the
country. The Government was generally well accepted by the population. The Independent
Expert, while noting that key portfolios were allocated to Muslims and that no member of
the armed groups was allocated a ministerial portfolio, regrets the inadequate representation
of women in the new Government.
25. On 23 April, the Constitutional Court announced the provisional results of the
second round of the legislative elections and confirmed the election of 128 members of
Parliament. Of the 140 seats to be filled, only 11 are occupied by women.
6 GE.16-12727
26. On 7 June, Prime Minister Sarandji delivered his general policy speech before the
National Assembly. His policy is structured around three pillars: security, the disarmament
of armed groups and national reconciliation. The Independent Expert notes that these
priorities tally with the guidelines laid down at the Bangui Forum and, in particular, the
disarmament agreements concluded.
27. The Bangui Forum monitoring committee, which was created in May 2015 to
oversee the implementation of the recommendations of the Republican Pact for Peace,
National Reconciliation and Reconstruction adopted at the conclusion of the Forum,
remained largely invisible during the transition. In his keynote speech, the Prime Minister
pledged to create an interministerial committee responsible for implementing the Forum’s
recommendations. The Independent Expert urges that action be taken in this regard without
delay.
B. Security context
28. The security situation in the country is still characterized by the strong presence of
armed groups throughout the territory, the threat they pose to civilians and displaced
persons living in camps or enclaves, intercommunity tensions, transhumance-related issues,
power struggles within armed factions, the widespread circulation of weapons, including
weapons other than firearms, crime, the absence of State authorities and the marginalization
of the eastern part of the country.
29. Transhumance continues to give rise to violence, as Fulani herders are unable to use
the transhumance corridors initially marked out for security reasons. This leads to clashes
between arable farmers and livestock breeders who take up arms or seek the protection of
armed groups for their flocks.
30. The murder of a Muslim taxi driver in Bangui on 26 September 2015 sparked an
outbreak of violence the like of which had not been seen since early 2014. On 28
September, nearly 700 detainees escaped from Ngaragba prison in Bangui, including some
high-profile detainees, and the next day 50 detainees escaped from the Bouar detention
centre.
31. The PK-5 enclave witnessed scenes of intercommunity violence on 16 and 17
October, which had been orchestrated by anti-balaka or ex-Séléka supporters. On 26
October, a delegation from the ex-Séléka faction, Union pour la Paix en Centrafrique
(Union for Peace in Central Africa) (UPC), from Bambari was attacked in Bangui, where it
had come at the invitation of the transitional Government to take part in consultations.
Three Christian civilians were reportedly killed in retaliation and the situation remained
extremely tense between the two communities for several days.
32. The security situation improved from November 2015 to May 2016 with a
significant decline in large-scale attacks against civilians and the end of the transition
period. On 14 April, the President began a series of discussions with the leaders of the
armed factions in order to keep the channels of communication open and to pave the way
for a national programme of disarmament, demobilization, reintegration and repatriation,
funded by international partners. However, in late June, the Independent Expert noted that
the discussions had not led to the conclusion of clear agreements on disarming armed
groups and the dismantling of militias.
33. In 2015, 1,151 incidents targeting humanitarian actors were recorded, including
attacks on humanitarian convoys, attacks and threats against humanitarian personnel or
persons receiving assistance from them and the looting of humanitarian assets. On 18 May
2016, an attack on a convoy belonging to Médecins Sans Frontières (MSF) in Koui, in the
prefecture of Ouham-Pendé, resulted in the death of a driver and forced the organization to
GE.16-12727 7
suspend its activities in the province. On 17 June, another of the organization’s drivers was
killed in similar circumstances in the prefecture of Kémo.
34. The security situation deteriorated again in late June during clashes between armed
fighters and MINUSCA soldiers in the PK-5 enclave, which resulted in the death of 6
armed men and 15 civilian casualties. On 24 June, a Senegalese peacekeeper was killed by
armed men in Bangui. In early July, clashes between the different ex-Séléka factions in
Kaga Bandoro once again forced civilians to seek protection in camps for displaced persons
protected by international forces. UNHCR has also registered more than 6,000 new
refugees from the Central African Republic in Chad and Cameroon since mid-June.
35. The Independent Expert expressed concern about the situation during her previous
mission to the country in June and reiterated it in her final press release. She underlined the
urgent need to adopt robust measures to halt the fighting, to guarantee the protection of
civilians and humanitarian actors and to assist victims and displaced persons.1 In a press
release of 4 July, the United Nations High Commissioner for Human Rights also warned
against a possible further deterioration of the security and human rights situation in the
country.2 This instability carries the risk of a rapid deterioration and underscores the urgent
need to disarm armed groups, to restore State authority and the rule of law and to guarantee
the security and protection of all civilians.
III. Human rights situation
36. In 2015, MINUSCA reported 1,278 human rights violations which left 1,786
victims. The violations include killings, acts of torture and inhuman and degrading
treatment, arbitrary arrest, gender-based violence and acts of racketeering and extortion.
37. Most of the violations are perpetrated by armed groups, which continue to
intimidate, threaten and attack any individual or local community group that they accuse of
collaborating or being affiliated with a rival armed group. The main armed groups are the
anti-balaka, the ex-Séléka faction and the various factions of that movement. The Lord’s
Resistance Army has also increased its activities and acts of abuse against the local
communities since the beginning of the year.
38. The Independent Expert was informed of violations committed by the national
security forces, including extrajudicial executions by the staff of the Central African Office
for the Suppression of Banditry, among others.
A. Acts of abuse attributed to armed groups
39. Although large-scale attacks against civilians have decreased during this period, the
situation remains on a knife-edge and unpredictable. Civilians are still vulnerable in large
swathes of the country, especially in the western region, which is controlled by the anti-
balaka faction (the prefectures of Nana Mambéré, Ouham-Pendé and Ouham) and in the
eastern region, where the main ex-Séléka factions continue to exercise control over the
1 Press release of 21 June 2016. Available at the following address:
www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=20151&LangID=F (consulted on
15 July 2016).
2 Press release of 4 July 2016. Available at the following address:
www.ohchr.org/FR/NewsEvents/Pages/DisplayNews.aspx?NewsID=20229&LangID=F (consulted on
15 July 2016).
8 GE.16-12727
territory and its natural resources. In the east, the Lord’s Resistance Army threatens
civilians and carries out increasingly frequent kidnappings.
40. In the four days following the murder of a young Muslim on 26 September 2015, 77
people were killed, 400 were injured and some 40,000 were displaced.3 The Human Rights
Division of MINUSCA described the violence to be largely sectarian and to have been
made possible by the environment of instability and impunity.4
41. The Division confirmed the execution of 32 civilians, including 19 men and 13
women, and physical assaults against 1 man and 5 women by members of ex-Séléka
factions or their supporters between 26 September and 20 October in Bangui. The vast
majority of the victims were Christian, which indicates that the perpetrators selected their
targets because of their community.5 The Division also reported that the anti-balaka faction
and its supporters were responsible for the deaths of at least six civilians, including four
children, and for the injuries sustained by a further seven. Numerous cases of sexual
violence have also been attributed to all the conflicting parties.
42. Several religious buildings were attacked, burned down and looted, even in Bangui.
Violent incidents continued during the month of October in Bangui and in the provinces
and were sometimes politically motivated. For example, in Bambari, armed men crossed
the Ouaka bridge in late September to fight members of an anti-balaka faction. The
violence left 11 persons injured and 22 houses were burned down.
43. Armed groups commit human rights violations almost on a daily basis. The
following examples show that these violations almost always target a specific community
or are part of a struggle between armed factions for territorial control. On 5 January 2016,
outside the village of Pakam (Nana Mambéré), armed Fulanis affiliated with the R3 group
run by Colonel Siddiki shot and killed a civilian before burning his body. The same group
is also allegedly responsible for the death of two men on 21 March during an attack on the
village of Ngouvota, near Kaga Bandoro. On 4 March, members of the ex-Séléka/Union
Pour la Paix en Centrafrique faction allegedly killed three women from the same family
who were returning from their fields 8 kilometres from Bambari, in retaliation for the death
of two of their own.
44. As to the violations attributed to members of the anti-balaka group, on 23 October
2015, a shopkeeper was beaten up in Bossangoa by an anti-balaka fighter on the pretext that
she was dressed like a member of an ex-Séléka faction. On 16 January 2016, members of
the anti-balaka group under the command of Franco Yagbingui allegedly killed a 15-year-
old boy during an attack on the village of Ngouvota.
45. Members of armed groups reportedly continue to rape women and girls with
impunity. On 23 February, four armed men affiliated with the Révolution et Justice
(Revolution and Justice) movement gang-raped a 14-year-old girl who was returning home
on foot in the village of Pende (Ouham) before attacking her with machetes. On 26
February, an anti-balaka leader raped a pregnant 25-year-old woman in the Batangafo
(Ouham) camp for displaced persons before beating up her husband and two other people
who were trying to protect her. MINUSCA subsequently arrested the culprit.
3 S/2015/918, para. 18. See also the last report of the Panel of Experts on the Central African Republic,
which mentions that 79 civilians were killed and 512 injured during this period (S/2015/936, para. 9).
4 Report entitled “Violations and abuses of International Human Rights and Humanitarian Law
committed in Bangui, Central African Republic, between 26 September and 20 October 2015”.
Available at the following address https://minusca.unmissions.org/sites/default/files/
bangui_report_final_final_french_.pdf (consulted on 15 July 2016).
5 Ibid., para. 26.
GE.16-12727 9
46. The Lord’s Resistance Army has become increasingly visible since the beginning of
2016, especially in the south-east of the country, in the prefecture of Mbomou, which is a
rich mining area. During the month of January, it was reportedly responsible for nearly 130
instances of hostage-taking, for the deaths of 4 civilians and for the displacement of some
800 people on account of violent incidents. The Independent Expert notes with satisfaction
that MINUSCA increased its presence in the area to protect vulnerable populations.
However, she remains concerned about the detrimental impact of the possible withdrawal
of the African Union forces present in the region to combat the Lord’s Resistance Army.
47. The Independent Expert continues to receive numerous reports from civilians who
do not feel sufficiently protected by MINUSCA, which often arrives too late on the scene
of acts of violence. In early 2016, MINUSCA revised its civilian protection strategy by
improving its preventive response and security measures through the introduction of early
warning mechanisms. It also increased its local presence by appointing national officers
responsible for establishing links with local communities. The Independent Expert
encourages MINUSCA to continue its efforts to strengthen protection and to earn the trust
of the population.
B. Violations attributed to the national armed forces
48. The Independent Expert was informed of human rights violations committed by
certain members of the armed forces of the Central African Republic, acting in support of
or in direct affiliation with members of the anti-balaka faction. In its public report on the
events of September-October 2015, the Human Rights Division of MINUSCA mentions
that it confirmed three extrajudicial executions of civilians, including those of two boys
aged 16 and 17, by members of the armed forces of the Central African Republic between
26 September and 20 October in the 3rd and 5th districts of Bangui. The Division also
received reports that members of the armed forces of the Central African Republic had
extrajudicially executed two civilians presumed to be Muslim in the 5th district of the city.6
49. The Independent Expert is concerned about the serious allegations made against the
Central African Office for the Suppression of Banditry and its former director, Robert
Yékoua-Ketté. The Human Rights Division of MINUSCA reported that the Office was
responsible for at least four extrajudicial executions in Bangui since January 2016. Between
March and November 2015, MINUSCA had already documented at least 12 extrajudicial
executions, including that of a 14-year-old boy. The Independent Expert also has taken note
of the report of Human Rights Watch, which mentions that the Office was responsible for
18 unlawful executions from April 2015 to March 2016.7 The Independent Expert has taken
due note of the dismissal of the director in question on 8 June 2016 and calls upon the
authorities to launch an investigation into the acts of violence and crimes committed and, if
appropriate, to prosecute and punish those responsible, as well as the director. The Office
had already been involved in numerous acts of torture, extrajudicial executions and
unlawful detention since 2003.
50. The Division also documented other physical assaults on persons by the security
forces, including the case of three detainees who were allegedly tortured by gendarmes in
Bambari on 29 April 2016 following the murder of an anti-balaka fighter. The detainees
were reportedly forced to pay a ransom for their release.
6 Ibid., para. 55.
7 Report of Human Rights Watch dated 27 June 2016. Available at the following address
www.hrw.org/fr/news/2016/06/27/republique-centrafricaine-une-unite-de-police-tue-18-personnes-
de-sang-froid (consulted on 20 July 2016).
10 GE.16-12727
51. Reports of rape have also been received. A member of the Armed Forces of the
Central African Republic who was guarding the Bimbo women’s prison was arrested for
the alleged rape of a 16-year-old girl in the prison in February 2016. The suspect was
remanded in custody on 3 March and placed in Ngaragba prison, but, to date, he has not
been brought before a judicial authority.
52. Arrests and arbitrary detention remain common owing to the absence of a
functioning judiciary, the technical and logistical constraints stemming from the dearth of
training for the security forces and the unavailability of the resources necessary to ensure
compliance with legal procedures.
53. Several civil society organizations with which the Independent Expert met continue
to request the lifting of the embargo and the restoration of the armed forces of the Central
African Republic, despite their known deficiencies. These repeated requests point to the
civilian population’s constant calls for protection, which they consider to be necessary on
account of gaps in the protection provided by MINUSCA. The Independent Expert takes
note of those requests but also highlights the importance of undertaking a thorough reform
of the security sector, of introducing a vetting and validation process to ensure that those
responsible for serious human rights violations are not recruited back into the security
forces and of creating a responsible, republican and democratic army.
C. Minority rights
54. The situation of minorities has scarcely changed during the period under review. The
stigmatization of young Muslims and their lack of prospects often drive them into crime or
to join armed groups or areas under the control of ex-Séléka forces in the north of the
country. These young people consider themselves second-class citizens.
55. During meetings with PK-5 representatives, the Independent Expert was informed of
the lack of social and medical services in an already overcrowded area that continues to
receive displaced persons. During her visit in March, the people in the area were already
concerned about the return of displaced persons to the PK-5 enclave without suitable
provision being made for them.
56. The young people whom the Independent Expert met in the University of Bangui, in
the PK-5 enclave, at Kaga-Bandoro, Bossangoa and Ndélé said that, for security reasons, it
is still practically impossible for Muslim students to leave the enclaves and return to
university. They said they suffered from red tape, entailing discriminatory practices such as
demands for additional supporting documents for processing applications, tight registration
deadlines that fail to take into account the difficulties young Muslims face in moving
around, and even examinations being organized during Muslim religious holidays.
57. Students were also concerned about the long-term consequences of school
absenteeism and the high illiteracy rate among young people from Muslim communities,
which could lead to long-term discrimination in access to employment.
58. Given the lack of State services in the PK-5 enclave, the association of Central
African Muslim professionals took the initiative of setting up a school and educating
children on the spot.
59. The Independent Expert urged the authorities to launch awareness-raising campaigns
on non-discrimination and living together in order to defuse tension among Central
Africans and to condemn discrimination on grounds of ethnicity, which has an impact on
population movements or regrouping in already vulnerable neighbourhoods.
GE.16-12727 11
D. Refugees and internally displaced persons
60. The ongoing displacement of 421,000 persons in a hundred sites around the country,
together with a population of 478,000 Central African refugees in neighbouring countries,
shows the fragility of the situation. Displaced persons in Muslim enclaves continue to be
especially vulnerable to violence by armed groups, in particular in Bambari and Batangafo.
On 3 May 2016, the group coordinating and managing the camps estimated the number of
displaced persons on the Batangafo site the country’s second largest site in Ouham
prefecture to be around 30,500.8 The main enclaves are located in Kaga Bandoro, Boda,
Carnot, Berbérati, Dekoa, Bouar, Yaloké and Bangui (PK-5). Displaced persons are living
in very precarious conditions and remain at risk of repeated threats from armed groups and
gender-based violence.
61. On 14 May, the President and Prime Minister visited the M’Poko and Bimbo camps
for displaced persons. In June, during her meeting with the Minister for Social Affairs and
National Reconciliation, the Independent Expert noted that priority will be given to the
M’Poko camp to identify appropriate action to ensure that returns are carried out in
accordance with international standards. The Minister underlined the importance of
adopting a strategy of assistance for the displaced persons of M’Poko in cooperation with
all humanitarian partners.
62. The sustainable return of refugees and displaced persons requires a stable and safe
environment. The main factors hindering returns are permanent insecurity, destruction of
property, lack of trust in the State’s ability to protect, fear of renewed violence and lack of
opportunities to earn a living.
63. The Independent Expert encourages the authorities to pay close attention to this
issue in order to find quick, safe and sustainable solutions.
E. Violence connected with accusations of witchcraft
64. The Human Rights Division continues to document violence committed for the most
part by anti-balaka factions against persons accused of witchcraft, and has documented 63
cases since January 2016. Women are the main victims, except in Bangui, where they tend
to be children. Acts of abuse have been recorded primarily in the capital and in towns in the
west of the country, where the anti-balaka factions dominate, such as Bouar, Baoro and
Bossangoa.
65. For example, on 18 September 2015, four women were killed in two villages in the
Nana Grebizi prefecture, in the west of the country. The women were tortured, their ears
cut off and they were forced to eat them. They were then buried alive after being accused of
witchcraft.
66. Despite awareness-raising campaigns conducted by MINUSCA to counter these
inhumane practices, the Independent Expert remains concerned about the extent of the
problem which, under the guise of charges of witchcraft, actually involves premeditated
acts by armed groups, more often than not to extort money from victims.
67. On each visit and in her reports the Independent Expert continues to alert the
authorities to these practices. She reiterates her previous recommendations, which include
the adoption of measures to launch an awareness-raising campaign to discourage such acts,
8 Source: OCHA, Humanitarian Bulletin, Central African Republic, May 2016. Available at the
following address, http://reliefweb.int/sites/reliefweb.int/files/resources/RCA_BH_MAI_2016.pdf
(consulted on 20 July 2016).
12 GE.16-12727
training on the topic for law enforcement agencies, reviewing and amending existing legal
instruments and identifying, arresting and putting on trial the perpetrators of the offences.9
F. Gender-based violence
68. During her visits, the Independent Expert was informed of sexual violence and
forced marriages, particularly in Ndélé, Kaga Bandoro and Bossangoa. Between 30
November 2015 and 30 June 2016, MINUSCA received 100 reports of conflict-related acts
of sexual violence, 78 of which were investigated and determined to be founded. The 78
victims include 34 women, 36 girls, 7 females of unknown age and 1 boy.
69. The true number of these acts of violence is likely to be higher, but the stigma and
intimidation faced by the victims, together with the lack of justice, usually deter them from
filing complaints.
70. The Independent Expert also received information on cases of gender-based
violence recorded between January and October 2015 via the information management
system. There were reportedly 60,208 cases of female survivors receiving medical and/or
psychosocial care, in accordance with their individual needs; 29,801 of them were victims
of sexual violence, although there was no indication as to whether the acts of violence were
conflict-related.10
71. The discrepancy between these figures reveals the need to step up the attention given
by the authorities and the international community to gender-based and sexual violence.
The Independent Expert stresses the need for a specific methodology when classifying
conflict-related sexual violence.11 This will make it possible better to assess victims’ needs
in terms of assistance and more effectively to combat impunity for offences committed and
violations of the right of victims to receive justice.
G. Situation of children
72. The situation of Central African children remains worrying. They are victims of
violence, including sexual violence, and recruitment by armed groups. They continue to
suffer from malnutrition and poor access to health and education services. The lack of
routine birth registration also poses long-term problems.
73. The violence in Bangui in September and October 2015 exacted a particularly lethal
toll on children, leaving 25 dead and 31 wounded.12
74. Many children are kidnapped by the Lord’s Resistance Army (LRA) and used to
carry off goods stolen in villages or for other support roles. Abducted girls are often kept as
sex slaves. The transitional Government and the new Government reportedly at times
refused to cooperate with people providing assistance to children who have escaped from
the LRA. The authorities reportedly prefer to keep these children in detention so as to
interrogate them to extract information on LRA activities, thereby depriving them of the
right to humanitarian assistance, including psychosocial and family reunification assistance.
9 See A/HRC/30/59, paras. 60 to 63 and 108 g.
10 http://reliefweb.int/report/central-african-republic/unfpa-fighting-against-gender-based-violence-car-
need-inter (consulted on 20 July 2016).
11 See the provisional guidance notes for implementation of Security Council resolution 1960 (2010).
Available at the following address: www.refworld.org/pdfid/4e23ed5d2.pdf.provisional (consulted on
20 July 2016).
12 S/2015/918, para. 34.
GE.16-12727 13
75. By December 2015, nearly 5,000 children had been demobilized and between
January and April 2016 around 1,298 children were released from armed groups.
International actors responsible for child protection have drawn attention to the numerous
demobilization-related challenges that vary depending on the armed group into which the
children were taken. They have also condemned the lack of care and reintegration
programmes; the Independent Expert considers it important to strengthen these in the
coming months. She also encourages the establishment of rehabilitation centres for children
in conflict with the law.
H. Humanitarian situation, and economic, social and cultural rights
76. The humanitarian situation throughout the country remains alarming. The population
of the Central African Republic, which is estimated at 4.6 million, is still affected by the
consequences of conflicts and the lack of basic social services. Around 2.3 million persons
face food insecurity and require humanitarian aid to survive, and two thirds of the
population lack access to health care. Despite a number of voluntary returns, around 20 per
cent of the population are still displaced. Furthermore, the humanitarian response plan
remains significantly underfunded, with only 17 per cent of the needs met.
77. Violations of economic, social and cultural rights continue, particularly through
illegal taxation and the illegal exploitation of natural resources. The Independent Expert
was informed that in the areas controlled by the ex-Séléka faction, the militia collect taxes
and duties, and provide parallel security and administrative services. The final report of the
Panel of Experts on the Central African Republic shows that, throughout the country, armed
groups collect revenue from the trade in natural resources.13 The report indicates that the
Union pour la paix en Centrafrique (Union for Peace in Central Africa — UPC) of
“General” Ali Darrassa Mahamat thrives on gold production around Bambari, and the
coffee trade with the Sudan. The Front populaire pour la renaissance de la Centrafrique
(Patriotic Front for the Renaissance of Central Africa — FPRC) of Nourredine Adam levies
taxes on the livestock trade in Kabo and Kaga Bandoro, and on the diamond trade in Ndélé,
Bria and Sam-Ouandja. The Independent Expert was also alerted to the persistent issue of
the plundering of the country’s forest resources. A report by the non-governmental
organization Global Witness refers to payments by foreign logging companies to anti-
balaka factions in order to facilitate timber exports. 14
78. The pillage and destruction of goods and properties is still a serious issue that must
be resolved to enable refugees to return. The International Commission of Inquiry
recommended in its report that the transitional Government prepare, in cooperation with the
United Nations Multidimensional Integrated Stabilization Mission in the Central African
Republic (MINUSCA), a policy to restore the property rights of persons who had been
forced to flee as a result of community violence, and whose homes and land had been taken
over by others, or to provide them with compensation. 15
79. Basic social and health-care services are also inadequate and are sometimes
overburdened in areas where the population has increased due to displacements. The
inhabitants of Bangui’s PK-5 enclave, in particular, have reported a lack of health and
maternity centres. Recent surveys conducted in areas such as Dekoa and Obo have
13 See S/2015/936.
14 See report entitled Blood Timber: How Europe played a significant role in funding war in the Central
African Republic. July 2015. Available at: https://www.globalwitness.org/en-
gb/campaigns/forests/bloodtimber/ (consulted on 20 July 2016).
15 See S/2014/928, p. 27.
14 GE.16-12727
highlighted the almost complete lack of medical services. There is virtually no psychosocial
support in the country.
80. MINUSCA and international partners continue to support the implementation of
highly labour-intensive projects with the aim of rebuilding social cohesion among divided
communities and injecting money into the local economy. The Independent Expert noted
the positive impact of these activities and encouraged similar initiatives to boost the
economy.
I. Violations attributed to the international forces
81. Further allegations of sexual exploitation and sexual abuse by international forces
have been made in 2016.
82. During the reporting period, MINUSCA documented 21 cases of sexual exploitation
and sexual abuse allegedly committed by international forces against children. In 19 of
these cases, the violations were attributed to MINUSCA peacekeepers, including 7 alleged
rapes of girls between 11 and 17 years of age.
83. The United Nations system, including MINUSCA and the Member States, has
recognized the importance of effectively combating sexual exploitation and abuse, and has
taken urgent steps to minimize the risk of sexual violence, including by confining
contingents. The Independent Expert welcomes the appointment in February 2016 of Ms.
Jane Holl Lute as Special Coordinator on Improving the United Nations Response to Sexual
Exploitation and Abuse.
84. Since early 2016, MINUSCA has reaffirmed its full commitment to the Secretary-
General’s zero-tolerance policy on sexual exploitation and abuse, and has demonstrated its
determination that each allegation be thoroughly investigated, that assistance be provided
for the victims, and that the perpetrators be held accountable for their actions.
85. Following the allegations brought to the attention of the Member States of the
international contingents and forces concerned, several States dispatched teams of national
investigators to inquire into the allegations and to consider measures for the protection of
victims.
86. The Independent Expert took note of the decision by the United Nations system to
repatriate a national contingent involved in confirmed allegations of sexual exploitation and
abuse of women and girls at Bambari. She recalled that the contingents deployed in the
Central African Republic had an important mandate to protect civilians, and supported the
measures taken against soldiers who seemingly failed to respect that mandate.
87. Victims are at the centre of the response to these violations. All partners that met
with the Independent Expert agreed on the principle of non-discrimination in assisting the
victims of sexual exploitation and abuse, regardless of the identity of the perpetrators. The
Independent Expert urges that this assistance should seek to improve existing social,
medical and legal services for all victims.
88. The Independent Expert continues to encourage all national and international
stakeholders to recognize the principle of “do no harm” in relation to the victims’ interests,
and to ensure that they are treated sensitively and with respect for the confidentiality of
information, thus guarding against stigmatization.
GE.16-12727 15
IV. Transitional justice and mechanism to combat impunity
89. The population continues to express frustration and fear because of the impunity of
the perpetrators of serious human rights violations. During meetings with the Independent
Expert, civil society representatives reaffirmed the need for constitutional and democratic
change to be mirrored by effective efforts to combat impunity, together with the application
of, and respect for, the law. However, to date the main commanders of armed groups have
gone unchallenged.
90. From 2 to 4 September 2015, the Independent Expert participated in an international
seminar on efforts to combat impunity organized by MINUSCA and the Office of the High
Commissioner, in collaboration with the Ministries of Justice and National Reconciliation.
The seminar was part of the natural follow-up to the recommendations of the Bangui
Forum, and aimed to support efforts to combat impunity, to assess the status of judicial and
non-judicial responses in the wake of the crisis, and to draft a set of proposals intended as
inputs for an overall national strategy to combat impunity. The Independent Expert invites
the Human Rights Division to widely disseminate the conclusions and recommendations of
the report.
91. In May 2016, the Division and the Office of the High Commissioner launched a
project to compile an inventory of the main human rights violations committed in the
Central African Republic since 2003. By the end of the year, the project team should have
prepared a report that will suggest priority lines of inquiry for the future Special Criminal
Court, along with information that will allow the judicial authorities to identify alleged
perpetrators of serious violations and to develop a prosecution strategy. The report will also
contain guidance for the creation of mechanisms to establish the truth, grant reparations,
and offer guarantees of non-repetition.
A. Special Criminal Court
92. The new administration has reiterated its desire to establish the Special Criminal
Court, notwithstanding the delay in setting it up. Significant progress has been achieved in
appointing the selection committee for national magistrates and in approving the operating
budget for the first 18 months, while declarations of interest have been received from
several States with regard to the appointment of international magistrates. A joint project by
United Nations bodies to support the Special Criminal Court is now being finalized.
However, funding for the Court to operate for five years, the recruitment of magistrates,
security, the availability of well-trained Central African lawyers and victim and witness
protection all present sizeable challenges for the Government in the coming months.
93. Since the Special Criminal Court will complement the ordinary judicial system,
synergy should be developed to enable the work of the Court to contribute to building the
capacities of the domestic court system.
94. The Independent Expert encourages the national authorities to speed up efforts to
operationalize the Special Criminal Court by the end of the year. To that end, the
negotiations over the United Nations support project document should be brought to a swift
conclusion, in order to proceed with the recruitment of personnel.
B. Non-judicial mechanisms and reconciliation
95. Several initiatives have been taken with a view to reducing intercommunity violence
and moving towards reconciliation, but these remain insufficient.
16 GE.16-12727
96. In his keynote address, the Prime Minister placed emphasis on national
reconciliation and said that no effort would be spared to ensure its realization. He also
stated that the Government wished to set up local peace and reconciliation committees in
order to foster a culture of peace and human rights.
97. He also committed to establishing a truth, justice, reparation and reconciliation
commission in accordance with the recommendations of the Bangui Forum. One year after
this important consultation process, the Independent Expert notes that extended thematic
consultations are yet to be held, in order to consider these issues in greater depth before the
formation of the aforementioned commission, and to place victims at the centre of the
design and implementation of transitional justice mechanisms.
98. The Independent Expert considers that it is essential to ensure the safety and
protection of victims and witnesses. Where this is not the case, it is likely that victims and
witnesses will remain silent on the perpetrators of serious violations.
99. The Pope’s visit reassured communities and offered the first signs of hope and
opening towards peace and forgiveness. The stated readiness of the inhabitants of PK-5 to
move towards reconciliation illustrates the importance of an inclusive dialogue and of
popular consultation to alleviate frustration.
100. In his inaugural address, the President made a solemn appeal to all Central Africans
for national reconciliation and cohesion, without which there can be no development. His
visit to the PK-5 enclave one week after his investiture was appreciated as a sign of the
political will to achieve inclusion.
101. Several community-level initiatives to promote dialogue and reconciliation have
emerged with the support of the Ministry for National Reconciliation and of international
partners. On 11 February, following efforts to promote intercommunity reconciliation, the
Muslim communities of the third arrondissement of Bangui and Christians from the Boeing
neighbourhood signed a “non-aggression pact” under the auspices of MINUSCA and
France. Access to the Muslim cemetery in Boeing has been secured as a result of this
agreement.
102. Pending the completion of a detailed, coherent and accepted road map on
transitional justice initiatives, it is important to continue to promote the right to truth,
including through information-gathering and the documentation of the violations
committed. Equally, it is crucial to ensure the preservation, accessibility and use of existing
archives.
103. As regards reparations, the Government has instituted 11 May as a day in
commemoration of the victims, and intends to erect a memorial. These symbolic actions
should be welcomed, and the authorities encouraged to further reflect on establishing a
national programme of potential individual and collective reparations, in coordination with
the affected communities, particularly victims, women, and marginalized groups. Such a
programme should take account of the particular needs of the victims of sexual and sexist
violence.
104. Capacity-building is essential to civil society’s understanding of transitional justice
measures, and will enable it to make a contribution towards truth, justice and reconciliation.
Civil society should be able to support victims and witnesses in these transitional justice
processes, among other capabilities.
105. Communication — in respect of the various forms of transitional justice — and an
inclusive intercommunity dialogue involving displaced persons, refugees, minority groups,
young people and women, are crucial tools in restoring social cohesion and taking full
ownership of these mechanisms. Consultations with civil society during the previous
mission of the Independent Expert revealed frustration and a sense of exclusion among
GE.16-12727 17
certain groups. It is through these transitional justice mechanisms that the Central African
Republic must renew its social contract and promote coexistence.
106. The Independent Expert underscores the importance of strengthening the links
between truth, justice, reparation and guarantees of non-repetition and, more generally,
between these measures and the main priorities in terms of security and disarmament. The
Government must ensure that transitional justice processes and mechanisms take account of
the root causes of the conflict and examine all rights violations. By striving for an
integrated and interdependent response to all types of violations, transitional justice may
attain the broader objectives of preventing new conflicts, of consolidating peace, and of
reconciliation.
C. Court and prison administration
107. Criminal justice remains practically non-existent. Despite commitments by the
authorities, no session of the criminal court has taken place since the first session in July
2015, which itself followed almost five years without proceedings. The Independent Expert
encourages the authorities to hold a second session as quickly as possible, in order to try
defendants whose files are complete and to resolve the question of prolonged pretrial
detention. A second session would send a strong signal of the renewal of judicial activity
and the struggle against impunity. According to the Minister of Justice, the priority is to
support ordinary domestic courts to ensure that they are able to function throughout the
country. An emergency plan on justice has been drawn up and funds budgeted, but has not
yet received support.
108. In response to the incidents of September and October 2015, the Minister of Justice
instructed the authorities to investigate crimes committed after 26 September. The public
prosecutor at the court of first instance of Bangui created a special investigation unit for
that purpose. On 15 March, the leader of the former Séléka Front populaire pour la
renaissance de la Centrafrique (FPRC), Abdoulaye Hissène, was detained in Bangui on the
grounds of his purported involvement in September’s violence, but was freed by armed
elements later that day.16 To date, no further charges have been brought, or arrests made,
under this inquiry.
109. The Central African Republic has 28 ordinary courts (24 courts of first instance, 3
appeal courts and a court of cassation) and 162 magistrates. After the arrival of MINUSCA
in September 2014, magistrates were deployed to 12 jurisdictions (Bambari, Bangassou,
Berbérati, Birao, Bossembélé, Bouar, Bozoum, Bria, Carnot, Mobaye, Obo and Sibut).
However, some redeployed magistrates have been unable to remain in their posting, as at
Birao and Ndélé. Others have been appointed but remain in Bangui, considering that
difficult conditions or the uncertain security situation prevent their return. Some magistrates
have been threatened by armed groups, prohibiting them from taking up their post, as at
Ndélé. Many courts were destroyed and looted during the conflict. The fact that the
country’s 135 lawyers are confined to Bangui raises a challenge for access to justice, and its
exercise, in the rest of the country.
110. There is no system for the protection of victims and witnesses, despite the
intimidation and insecurity that they face. Civil society organizations claim that victims are
unable to testify to violations experienced while they continue to live side-by-side with the
perpetrators, and while there is no guarantee of a credible, reliable judicial process.
16 See S/2016/305, para. 18.
18 GE.16-12727
111. The training needs of judicial personnel, including lawyers, are considerable and
concern areas such as the role of the examining magistrate, the storage and safekeeping of
files, the conduct of victim and witness hearings in criminal cases, and the enforcement of
sentences.
112. The prison service was already underdeveloped before the 2013 conflict and it
remains barely functional. While administrators have been appointed for the country’s 38
prisons, only 7 are taking in detainees and just 11 are staffed: those at Baboua, Berbérati,
Bimbo, Boda, Bossangoa, Bossembélé, Bouar, Bria, Kaga Bandoro and Mbaiki, and the
central prison at Ngaragba (including the Camp de Roux facility).
113. There are currently five detention centres outside Bangui (Bangassou, Berbérati,
Bouar, Bria and Mbaiki), holding about 230 of the country’s 600-strong prison population.
Infrastructure is generally dilapidated and the food budget is clearly insufficient. Camp de
Roux, an annex of Ngaragba prison located on a Central African Republic armed forces
base in Bangui, holds 12 high-profile inmates accused of serious crimes. The Independent
Expert also notes the existence of several illegal detention centres in parts of the country
controlled by armed groups, notably at Kaga Bandoro.
114. Despite the legislation passed in 2012 that provided for the civilian administration of
prisons, there are fewer than 60 civilian prison officers, only 8 of whom have received the
relevant security training. The armed forces are currently responsible for maintaining
security at the prisons of Bangui, Berbérati, Bouar, Bria and Mbaiki, although its personnel
are not trained for this purpose. The members of the armed forces responsible for prison
security often have close links with the detainees, who are sometimes former members of
the armed forces or of the anti-balaka faction. A MINUSCA contingent is currently
providing perimeter security to forestall potential attacks.
115. After MINUSCA was put in charge of national prison staffing in Bangui and Bouar,
trained female prison officers took over the management of the Bimbo women’s prison near
Bangui. During her March visit, the Independent Expert expressed concern over the serious
allegations of the rape of detainees at Bimbo, and raised the issue with the public
prosecutor. The Independent Expert expressed satisfaction that the management of
detainees is now the responsibility of female prison officers, trained in prison
administration by MINUSCA and the Ministry of Justice. She encourages the authorities to
assign more female staff to other detention centres and penal institutions, including in
management and administrative positions, and to ensure that they receive an appropriate
wage.
116. The public prosecutor at the court of first instance in Bangui highlighted the positive
contribution of MINUSCA to prison administration, which had resulted in a gradual
demilitarization of detention facilities and a reduction in the number of escapes.
V. Conclusions and recommendations
A. Conclusions
117. During her previous visit, the Independent Expert noted that civil society was
concerned and expressed the hope that the implementation of the Government’s first
measures would be inclusive and strategic, especially in the field of security and
justice. She also noted the frustration and sense of exclusion felt by young people,
women and religious communities in Bangui and the country’s interior.
118. The Independent Expert highlights the importance of ensuring first and
foremost the restoration of the State and the protection of civilians, and of embarking
GE.16-12727 19
immediately on the reform of the security sector in order to reassure civilians and
enable the launch of other sectoral action plans.
119. She therefore encourages the authorities to implement the road map for action
and sectoral action plans as soon as possible, with coordinated support from
international partners. She recognizes the importance of implementing measures in
the Republican Pact adopted at the Bangui National Forum in May 2015, especially
those concerning the efforts to combat impunity and to achieve the inclusion of
persons with disabilities and groups that feel marginalized.
120. With regard to non-judicial measures for truth and reconciliation, the
Independent Expert emphasizes that broad consultations are crucial for the
implementation of a coherent and consensual strategy focused on victims’ needs.
121. She recalls that the President and authorities of the Central African Republic
bear a heavy responsibility, namely to show their commitment to end impunity and
provide access to justice; to give a central role to victims; to conduct the necessary
institutional reforms; to establish good governance; and to restore the population’s
trust in the institutions. She calls on the international community to continue
providing coordinated military, financial and technical support to the Central African
Republic in order to help the country find a lasting solution to the crisis.
B. Recommendations
122. The Independent Expert reiterates the recommendations contained in her
previous report (see A/HRC/30/59, para. 108), most of which remain pending. She
calls on the Government, with the support of the international community:
(a) To endorse, as soon as possible, the road maps on disarmament,
demobilization and reintegration; to encourage inclusive national reconciliation,
including through municipal elections; and to implement the first urgent measures;
(b) To establish victim and witness protection measures without further
delay, and to strengthen the judiciary so that it is safe for victims to seek redress in
court;
(c) To bring to justice all perpetrators of violations of international
humanitarian law and human rights, irrespective of their status or political, religious
or ethnic affiliation;
(d) To step up efforts to ensure that the Special Criminal Court becomes
operational as soon as possible, by finalizing the United Nations project to support the
Court and guaranteeing the selection and appointment of judges and judicial
personnel of the highest calibre who are familiar with the legal culture of the country
and have experience, in particular in the investigation and prosecution of
international crimes;
(e) To strengthen the training of all stakeholders, including judicial
personnel, lawyers, the Bar civil society organizations and community leaders and
keep them regularly informed about the progress made in the establishment of the
Special Criminal Court.
(f) To become more directly and proactively involved in defusing
intercommunity tensions and promoting reconciliation and peaceful coexistence
through initiatives based on consultations with the communities concerned;
(g) To develop a global strategy to address the legacy of past violations
through appropriate transitional justice mechanisms, in accordance with
20 GE.16-12727
international legal standards and obligations, placing victims at the core and giving
particular attention to abuses committed against the most affected groups, especially
women;
(h) To establish conditions under which the informed, voluntary, dignified
and sustainable return of refugees and displaced persons and their reintegration into
their community is possible;
(i) To prosecute and punish all perpetrators of violations against persons
accused of witchcraft, and begin a national debate on the issue, including in respect of
existing legislation, to find real solutions that respect universal human rights
standards;
(j) To promote initiatives for economic recovery by endorsing and initiating
labour intensive projects; to develop an effective strategy to combat and protect
against the plundering of natural resources, and to punish traffickers, where
appropriate;
(k) To strengthen child protection initiatives and, in particular, initiatives
for young persons released from armed groups; to initiate as soon as possible
discussions on updating the National Plan for the Protection of Children which will set
forth, among others, educational and professional opportunities and support
mechanisms for child victims of armed conflict and children released from armed
groups;
(l) To establish centres for assisting victims of sexual violence and forced
marriage and for teenage mothers;
(m) To take into consideration the conclusions of the report on human rights
violations of the Human Rights Division, once finalized, and commit to its broad
dissemination.
123. The Independent Expert recommends that MINUSCA:
(a) Respond more proactively to threats against civilians and, in particular,
be more present in sensitive areas such as displaced persons camps and enclaves
where the communities are at risk;
(b) Continue documenting violence and violations of human rights and
international humanitarian law and help identify the main perpetrators in order to
notify domestic courts and the authorities of the future Special Criminal Court;
(c) Strengthen its good offices and political support for efforts to address the
root causes of the conflict and to reduce the influence of armed groups through
disarmament, demobilization and reintegration and security sector reform
programmes;
(d) Strengthen mechanisms to monitor and communicate information on
gender-based and sexual violence and make sure that adequate victim assistance
mechanisms reflect the needs identified; ensure the effective implementation of these
monitoring mechanisms and promote the publication of reports on cases of violence
associated with the conflict;
(e) Continue placing victims at the heart of the response in case of sexual
violence, abuse and sexual exploitation, and strengthen efforts to set up protection
mechanisms accessible for all victims, whoever the perpetrators of the violations may
be;
124. Addressing the international community, the Independent Expert:
GE.16-12727 21
(a) Welcomes the efforts made so far, encourages it to step up those efforts
and to fund priority programmes, including the Special Criminal Court, security
sector reform and disarmament, demobilization and reintegration, paying specific
attention to the needs of children associated with armed groups;
(b) Recommends that it strengthen its commitment, including with regard to
subregional mediation to support the Government in its negotiations with armed
groups and stakeholders, with a view to reaching a national consensus on
disarmament, demobilization and reintegration and justice and restoring security in
the Central African Republic;
(c) Recommends that it facilitate the holding of a regional conference on
transhumance;
(d) Encourages it to fund the humanitarian response plan;
(e) Encourages it to further the implementation of measures aimed at
preventing abuse, ending the scourge of sexual violence and exploitation by
international forces once and for all, conducting related investigations and bringing
the perpetrators to justice.