RES/33/27 Technical assistance and capacity-building in the field of human rights in the Central African Republic

GE.16-17469(E)



Human Rights Council Thirty-third session

Agenda item 10

Resolution adopted by the Human Rights Council on 30 September 2016

33/27. Technical assistance and capacity-building in the field of

human rights in the Central African Republic

The Human Rights Council,

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

Reaffirming the Universal Declaration of Human Rights,

Recalling the African Charter on Human and Peoples’ Rights and other relevant

international and African instruments on human rights,

Recalling also General Assembly resolution 60/251 of 15 March 2006 and Human

Rights Council resolutions 5/1 and 5/2 of 18 June 2007, 23/18 of 13 June 2013, 24/34 of 27

September 2013, S-20/1 of 20 January 2014, 27/28 of 26 September 2014 and 30/19 of 2

October 2015,

Recalling further Security Council resolutions 2088 (2013) of 24 January 2013,

2121 (2013) of 10 October 2013, 2127 (2013) of 5 December 2013, 2134 (2014) of 28

January 2014, 2149 (2014) April 10, 2014, 2217 (2015) of 28 April 2015, 2281 (2016) of

26 April 2016 and 2301 (2016) of 26 July 2016,

Reaffirming that all States have the primary responsibility to promote and protect the

human rights and fundamental freedoms enshrined in the Charter, the Universal Declaration

of Human Rights, the International Covenants on Human Rights and other relevant

international and African instruments on human rights to which they are parties,

Recalling that the Central African Republic authorities have the primary

responsibility to protect all populations in the country from genocide, war crimes, ethnic

cleansing and crimes against humanity,

Welcoming the holding of popular consultations and the Bangui Forum on National

Reconciliation, which was followed by the adoption of the Republican Pact for Peace,

National Reconciliation and Reconstruction and an agreement on disarmament,

demobilization and reintegration signed by the representatives of the main actors in the

conflict in the Central African Republic,

Welcoming also the peaceful holding of a constitutional referendum on 13 December

2015 and the holding of legislative and presidential elections in December 2015 and

February and March 2016, and the investiture of President Faustin-Archange Touadéra on

30 March 2016,

Reaffirming its commitment to the sovereignty, independence, unity and territorial

integrity of the Central African Republic,

Concerned about the ongoing fragile security situation in the Central African

Republic owing to the continued presence of armed groups, and condemning in particular

the recent acts of violence and crime that persist in Bangui and the incidents inside the

country, which have induced forced displacement,

Gravely concerned at the critical humanitarian situation that continues to prevail,

particularly the plight of displaced persons and refugees, concerned about the flow of

refugees and its repercussions on the situation in neighbouring countries and other countries

in the region, and equally concerned about the risk of sectarian violence,

Gravely concerned also at the human rights violations committed against the civilian

population, including summary executions, extrajudicial killings, arbitrary arrests and

detention, enforced disappearances, the recruitment and use of children, rape and other

forms of sexual violence, torture, looting, the unlawful destruction of property and other

serious violations and abuses of international human rights law,

Emphasizing the need to establish genuine disarmament, demobilization,

reintegration and repatriation programmes, in line with a comprehensive strategy for

security sector reform, and welcoming the successful conduct of preliminary activities in

this field, which have contributed to reducing the presence of members of armed groups,

Noting the mobilization of the international community to provide humanitarian

assistance to the population of the Central African Republic affected by the crisis, such as

the donors’ conference held in Addis Ababa on 1 February 2014, the Brussels conference

held on 26 May 2015, and several high-level meetings held on humanitarian action in the

Central African Republic,

Noting also the upcoming organization of a donors’ and investors’ conference, to be

held in Brussels on 17 November 2016,

Recalling the need for national authorities, the international community and

humanitarian actors to support the voluntary return of internally displaced persons and

refugees and to ensure that this return is sustainable,

Welcoming the efforts of the African-led International Support Mission to the

Central African Republic, the African Union, the Operation Sangaris mission conducted by

France, the European Union military operation in the Central African Republic, the non-

operational and operational military training missions of the Central African armed forces

of the European Union and the United Nations Multidimensional Integrated Stabilization

Mission in the Central African Republic,

Recalling that the international forces present in the Central African Republic must

act, in carrying out their duties, in full respect for the applicable provisions of international

humanitarian law, international human rights law and international refugee law, expressing

its concern at the allegations of sexual abuse and other human rights violations that may

have been committed by personnel of the international forces in the Central African

Republic, and recalling that an in-depth investigation should be launched into the

allegations, and that those responsible for these acts must be brought to justice, and

welcoming the commitment by the Secretary-General to strictly enforce the zero-tolerance

policy of the United Nations on exploitation and sexual abuse,

Stressing the urgency and the imperative of ending impunity in the Central African

Republic, and of bringing to justice perpetrators of violations and abuses of human rights

and violations of international humanitarian law, and the need to strengthen national

mechanisms to ensure accountability of perpetrators, including the effective and swift

installation of the special criminal court,

Emphasizing the primary responsibility of national authorities to create the

conditions necessary to carry out investigations, to prosecute and to render judgments

efficiently and independently,

Welcoming the commitment of the authorities of the Central African Republic to

restore the rule of law, to end impunity and to bring to justice the perpetrators of crimes

under the Rome Statute of the International Criminal Court, to which the Central African

Republic is party, and taking note of the decisions of the Prosecutor of the Court, made on 7

February 2014, to conduct a preliminary examination of the situation in the Central African

Republic, and on 24 September 2014, to launch an investigation, following the request

made by the transitional authorities,

Welcoming also the decision of the Central African authorities to give effect to a

special criminal court by December 2016,

Recalling that the international commission of inquiry to investigate allegations of

violations of international humanitarian law and international human rights law and human

rights violations in the Central African Republic concluded that the main parties to the

conflict have committed, since January 2013, violations and abuses that may constitute war

crimes and crimes against humanity,1

1. Strongly condemns the violations and abuses of human rights that continue to

be committed by all stakeholders, and stresses that those responsible for these violations

must be held responsible for their actions and brought to justice;

2. Reiterates its call for an immediate end to all abuses and violations of human

rights and illegal acts of violence committed by all parties, and strict adherence to all

human rights and all fundamental freedoms and the re-establishment of the rule of law in

the country;

3. Takes note with appreciation of the report of the Independent Expert on the

situation of human rights in Central African Republic,2 and the recommendations contained

therein;

4. Urges all parties in the Central African Republic to protect all civilians, in

particular women and children, against sexual and gender-based violence;

5. Welcomes the renewal of the mandate of the United Nations

Multidimensional Integrated Stabilization Mission in the Central African Republic, and

encourages it to resolutely implement a proactive and assertive approach in the protection

of civilians, as enshrined in its mandate;

6. Encourages the Central African authorities, with the support of the United

Nations Multidimensional Integrated Stabilization Mission in the Central African Republic,

to engage resolutely in the disarmament, demobilization, reintegration and repatriation of

foreign fighters, in line with a comprehensive strategy for security sector reform to quickly

operationalize the cooperation structures they have put in place and to make proposals for

disarmament, demobilization, reintegration and repatriation, and requests Member States

1 See S/2014/928.

2 A/HRC/33/63.

and international organizations to provide the funding necessary for the disarmament,

demobilization, reintegration and repatriation process, which is an essential contribution to

the security of the population and the stabilization of the country;

7. Urges the Central African authorities, with the support of the United Nations

Multidimensional Integrated Stabilization Mission in the Central African Republic and the

European Union Military Training Mission in the Central African Republic, to adopt and

implement a national security policy and a comprehensive strategy for the reform of the

security sector, including prior human rights verification procedures by defence and

security forces;

8. Welcomes the commitment made by several armed groups on 5 May 2015 to

release children from their ranks and to end and prevent the recruitment and use of children,

and in this regard calls upon them to implement their commitment;

9. Urges all parties to protect and to regard as victims those children who have

been released or otherwise separated from armed forces and armed groups, and emphasizes

the need to pay particular attention to the protection, release and reintegration of all

children associated with the armed forces and armed groups;

10. Calls upon the authorities of the Central African Republic to ensure respect

for the human rights and fundamental freedoms of the entire population and to take all

necessary measures to end the impunity of perpetrators of acts of violence and other

violations and abuses of human rights, including by strengthening the judicial system and

national mechanisms to ensure accountability;

11. Notes the decision of the Central African authorities to request the Prosecutor

of the International Criminal Court to open an investigation into alleged crimes committed

in the Central African Republic that may fall under the Court’s jurisdiction;

12. Welcomes the efforts made by the Central African authorities, including the

adoption and promulgation of relevant legislation aimed at establishing within the national

judicial system a special criminal court with competence for serious violations of human

rights and violations of international humanitarian law, and urges the national authorities to

take all appropriate measures to implement the act establishing the court, including for its

effective implementation and operational capability;

13. Requests the authorities of the Central African Republic to take immediate

and concrete priority measures to strengthen the judiciary and to fight impunity in order to

contribute to stabilization and reconciliation, including restoring the administration of the

judiciary, the criminal justice system and the prison system throughout the country,

ensuring that everyone has access to fair and impartial justice, and to operationalize the

special criminal court as expeditiously as possible;

14. Also requests the authorities of the Central African Republic to continue their

efforts to restore the effective authority of the State over the entire country, including the

redeployment of State administration in the provinces with a view to ensuring stable,

responsible, inclusive and transparent governance;

15. Requests States Members of the United Nations and international and

regional organizations to provide urgent support to the Central African authorities for the

conduct of the above-mentioned reforms and the restoration of State authority throughout

the territory, and notes that the pledging conference to be held in Brussels on 17 November

2016 will be an opportunity to provide that support;

16. Urges the authorities of the Central African Republic to implement the

recommendations made at the Bangui Forum on National Reconciliation, including the

establishment of a truth, justice, reparation and reconciliation commission, by adopting an

inclusive approach likely to allow genuine and lasting reconciliation;

17. Remains deeply concerned by the conditions of displaced persons and

refugees, and encourages the international community to support the national authorities

and host countries to ensure appropriate protection and support for victims of violence, in

particular women, children and persons with disabilities;

18. Calls upon the transitional authorities to continue their efforts to protect and

promote the right to freedom of movement for all, including displaced persons, without

distinction, and to respect their right to choose their place of residence, to return home or to

seek protection elsewhere;

19. Invites all stakeholders and the international community to remain mobilized

to respond to the urgencies and priorities identified by the Central African Republic,

including financial and technical support, and to pay the costs for psychotrauma treatment

of persons affected by the crisis;

20. Requests all parties to facilitate access of victim populations to humanitarian

assistance and access of humanitarian actors to the entire national territory by strengthening

security on the roads;

21. Encourages States Members of the United Nations, within the framework of

international cooperation, the relevant United Nations bodies, international financial

institutions and other international organizations concerned and donors to provide the

Central African Republic with technical assistance and capacity-building in order to

promote respect for human rights and to undertake reform of the justice and security

sectors;

22. Encourages the United Nations Multidimensional Integrated Stabilization

Mission in the Central African Republic, in accordance with its mandate, to publish reports

on the situation of human rights in the Central African Republic in order to enable the

international community to monitor the situation;

23. Decides to renew, for one year, the mandate of the Independent Expert to

assess, to monitor and to report on the situation of human rights in the Central African

Republic with a view to making recommendations related to technical assistance and

capacity-building in the field of human rights;

24. Requests all parties to cooperate fully with the Independent Expert in

carrying out her mandate;

25. Requests the Independent Expert to work closely with all United Nations

bodies, the African Union and the Economic Community of Central African States,

including in two consultations with them, and with other relevant international

organizations, civil society and all relevant human rights mechanisms;

26. Also requests the Independent Expert to provide an oral update on her report

on technical assistance and capacity-building in the field of human rights in the Central

African Republic to the Human Rights Council at its thirty-fourth session, and to submit a

written report to the Council at its thirty-sixth session;

27. Requests the United Nations High Commissioner for Human Rights to

continue to provide the Independent Expert with all financial and human resources

necessary to enable her to carry out fully her mandate;

28. Decides to remain seized of the matter.

42nd meeting

30 September 2016

[Adopted without a vote.]