Original HRC document

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Document Type: Final Report

Date: 2017 Jul

Session: 36th Regular Session (2017 Sep)

Agenda Item: Item10: Technical assistance and capacity-building

GE.17-12914 (E) 220817 230817



Human Rights Council Thirty-sixth session

11-29 September 2017

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 of

the Independent Expert on the situation of human rights in the Central African Republic,

Marie-Thérèse Keita Bocoum, prepared pursuant to Council resolution 33/27. The report

covers the period from July 2016 to June 2017 and describes the overall evolution of the

human rights situation in the Central African Republic and the major developments

affecting it.

The period was marked by an increase in the number of human rights violations and

abuses, linked to the upsurge in fighting and to attacks by the various armed groups since

September 2016. Most of the abuses were committed during clashes between groups or

targeted attacks against civilians or in connection with movements by armed groups and

were the work of the ex-Séléka coalition led by the Front populaire pour la renaissance de

la Centrafrique, as well as of the Union pour la paix en Centrafrique, the 3R group and anti-

Balaka groups acting alone or on behalf of the armed coalition. There are reports that, in

certain cases, ethnic or religious communities were targeted because of their perceived

affiliation with an armed group. Thousands of children have been re-recruited into armed

groups after two years of efforts to reintegrate them into their communities of origin.

Peace and reconciliation initiatives are essential but have so far failed to keep the

guns at bay. Partners, neighbouring countries and friends of the Central African Republic

must work to bring about a peace process that is transparent, inclusive and respectful of

national sovereignty. Above all, peace efforts should never be promoted at the expense of

justice for victims, given that impunity is one of the structural causes of violence in the

country. The progressive establishment of the Special Criminal Court sends a strong signal

in this regard.

The humanitarian situation has deteriorated as a result of the upsurge in violence,

giving rise to an increased number of displaced persons in the interior of the country and in

Bangui, notably in the PK5 neighbourhood. Nearly half the Central African population is in

a situation of need.

United Nations A/HRC/36/64

General Assembly Distr.: General 28 July 2017

English

Original: French

2 GE.17-12914

Report of the Independent Expert on the situation of human rights in the Central African Republic

Contents

Page

I. Introduction ................................................................................................................................... 3

II. General situation in the country .................................................................................................... 3

A. Security situation .................................................................................................................. 3

B. Political context and mediation efforts ................................................................................. 5

C. Humanitarian situation .......................................................................................................... 6

III. Human rights situation .................................................................................................................. 7

A. Abuses attributed to armed groups ....................................................................................... 7

B. Violations attributed to the national armed forces ................................................................ 9

C. Refugees and displaced persons............................................................................................ 9

D. Violence connected with accusations of witchcraft .............................................................. 9

E. Gender-based violence .......................................................................................................... 10

F. Situation of children ............................................................................................................. 11

G. Economic, social and cultural rights ..................................................................................... 11

IV. Efforts to fight impunity and transitional justice ........................................................................... 12

A. Special Criminal Court ......................................................................................................... 12

B. Non-judicial mechanisms and reconciliation ........................................................................ 13

C. Judicial and prison administration ........................................................................................ 14

V. Conclusions and recommendations ............................................................................................... 15

A. Conclusions .......................................................................................................................... 15

B. Recommendations ................................................................................................................. 16

GE.17-12914 3

I. Introduction

1. The present report is submitted pursuant to Human Rights Council resolution 33/27

of 30 September 2016, in which the Council renewed the mandate of the Independent

Expert and requested her to submit a written report to it at its thirty-sixth session.

2. The report of the Independent Expert covers the period from July 2016 to June 2017,

during which she conducted two visits to the Central African Republic, from 25 January

2017 to 3 February 2017 and from 7 to 16 June 2017. She travelled to Bangui, Bambari,

Birao and Obo. For security reasons, the Independent Expert was not able to return to

Bangassou as had originally been her plan.

3. The Independent Expert met with the Prime Minister and several of his ministers,

including the Ministers for Foreign Affairs, Defence, Interior, Justice and Human Rights,

and National Reconciliation, as well as the Minister Counsellor in charge of disarmament,

demobilization, reintegration and repatriation. She also met with the senior advocate

general of the court of appeal in Bangui; the President of the National Assembly and chairs

of the committees; the transitional president, Ms. Samba-Panza, and other transition

officials; and political party representatives, including opposition leaders. She wishes to

thank all her interlocutors for their cooperation.

4. The Independent Expert also held discussions with the senior management and

chiefs of the various civilian, military and police components of the United Nations

Multidimensional Integrated Stabilization Mission in the Central African Republic

(MINUSCA), as well as with representatives of United Nations specialized agencies, the

diplomatic corps, the Economic Community of Central African States and various

international humanitarian organizations. In addition, she met with representatives of civil

society and of human rights and women’s organizations; with victims’ representatives; with

representatives of the religious council and other religious leaders; and with representatives

of the traditional chieftancy system, in particular those from Bangassou. She was also able

to meet with representatives of the main ex-Séléka and anti-Balaka armed groups.

5. In November 2016, she participated as an observer at the donor conference

organized jointly in Brussels by the European Union, the Government of the Central

African Republic, the United Nations and the World Bank, the aim of which was to

strengthen political and financial support for national efforts to promote peace, security,

reconciliation and reconstruction, which are described in detail in the National Recovery

and Peacebuilding Plan.

6. The Independent Expert thanks the Government for its cooperation and assistance

and the United Nations and MINUSCA, especially the Human Rights Division and its staff,

for their support of her mandate and during her visits, and all the individuals and

associations that were kind enough to share their assessment of the human rights situation

in the country.

7. The Independent Expert presented an oral update to the Human Rights Council at its

thirty-fourth session and met with representatives of the diplomatic corps and of non-

governmental organizations in Geneva.

II. General situation in the country

A. Security situation

8. The reporting period was once again marked by outbreaks of violence with

increasingly frequent and intense clashes between armed groups, leading to disastrous

consequences for civilians. Virtually no province has been spared from acts of violence

perpetrated by the various armed groups. Sporadic incidents also took place in Bangui,

including attacks against MINUSCA peacekeepers.

4 GE.17-12914

9. Power struggles between and within the armed groups, ethnic tensions, attempts to

control areas rich in resources and seasonal migration movements (by livestock herders)

have led to an escalation in violence not seen since 2014.

10. In the provinces of Ouaka and Haute-Kotto, territorial clashes between the coalition

of the Front populaire pour la renaissance de la Centrafrique (FPRC) and the Union pour la

paix en Centrafrique (UPC) have affected many civilians, who are increasingly targeted on

the basis of their ethnicity. Between September and November 2016, a series of battles

between FPRC and UPC in Bria and between ex-Séléka and anti-Balaka fighters in Kaga

Bandoro led to the displacement of nearly 53,000 persons.

11. In December 2016, FPRC and its allies, including anti-Balaka elements, launched an

offensive to dislodge UPC from its stronghold in Bambari. During their advance towards

Bambari, the armed coalition attacked numerous villages to the east and north of the city

and committed numerous human rights abuses against the population, especially the Fulani.

12. Faced with an imminent attack on Bambari, MINUSCA took military action on 26

February 2017 to halt the advance of the FPRC coalition, which resulted in the death of the

FPRC chief of staff and injuries to seven others among its members. MINUSCA obtained

the withdrawal of the armed groups from the city, including that of Ali Darassa, the head of

UPC, who had set up his headquarters there. The local anti-Balaka chief, Gaétan Boadé,

also left Bambari, which MINUSCA designated a “city free from armed groups”.

13. However, Ali Darassa’s departure from Bambari for the south has merely shifted the

locus of the conflict towards the prefectures of Basse-Kotto, Mbomou and Haut-Mbomou.

Between 20 and 22 March, the FPRC coalition and anti-Balaka elements reportedly killed

more than 23 civilians in Bakouma, in Mbomou prefecture. On 15 April, UPC reportedly

attacked the locality of Zémio, in Haut-Mbomou prefecture, as well as the MINUSCA base

during the night of 15 April. The attack left two persons dead on the UPC side and several

wounded.

14. On 10 May, in an ambush on the road between Rafaï and Bangassou, anti-Balaka

elements allegedly kidnapped and killed Cambodian and Moroccan peacekeepers in the

deadliest attack against a MINUSCA convoy since the Mission’s establishment. Five

United Nations peacekeepers were killed and 10 were injured.

15. On 13 and 14 May, alleged anti-Balaka elements operating independently or at the

behest of the FPRC coalition carried out an assault with heavy weaponry against the city of

Bangassou in the prefecture of Mbomou. The attacks targeted the primarily Muslim

neighbourhood of Tokoyo, as well as the MINUSCA base, resulting in the death of one

peacekeeper and massive displacements of civilians. There are reports that 3,000 persons

sought refuge in the north of the Democratic Republic of the Congo, which had been struck

by an epidemic of the Ebola virus.

16. In Bria, the security situation deteriorated once again in May 2017, when fighting

broke out between two factions of the FPRC/anti-Balaka coalition on 14 May 2017,

resulting in dozens of deaths and massive population displacement. On 20 June 2017, the

day after the ceasefire declared in Rome, clashes had resumed and had caused the death of

several dozen combatants and civilians.

17. The Lord’s Resistance Army (LRA) also continues to commit numerous human

rights abuses against the population of the prefectures of Mbomou and Haut-Mbomou as

Ugandan and American troops deployed under the African Union Regional Task Force for

the elimination of the Lord’s Resistance Army gradually withdraw. The departure of these

troops leaves a security vacuum in the east, an area subject to attacks from not only LRA

but also other armed groups and criminal organizations. The Independent Expert met

people in this area who are very concerned for their safety.

18. In the north-western part of the country, heightened tensions persist between the

Fulani and the villagers, related in particular to livestock migration, cattle theft and punitive

expeditions. In the prefectures of Nana-Mambéré and Ouham Pendé, the anti-Balaka and

the armed group 3R (“Return, Reclamation and Rehabilitation”) have committed many

abuses, in particular around the localities of Niem, Dankouri, Koui and Bocaranga.

GE.17-12914 5

19. The security situation in the capital, Bangui, continues to improve as a result of the

actions of MINUSCA peacekeepers, who serve as a deterrent to potential troublemakers.

Yet, despite the return of many displaced persons to the PK5 neighbourhood at the

beginning of the year, particularly from the M’Poko airport site, the situation remains

volatile. For example, the death on 7 February 2017 of Youssouf Malinga, also known as

“Big man”, in this neighbourhood led to a wave of reprisals, including murders and the

burning of houses.

20. Virtually no progress has been made in implementing the disarmament,

demobilization, reintegration and repatriation programme or in reforming the security

sector. An advisory and monitoring committee on disarmament, demobilization,

reintegration and repatriation has been established and meets regularly in the presence of

representatives of the armed groups. However, the latter appear to be participating in order

to ensure that they have a place in the programme without making any real commitment on

the ground to ending the violence in the areas under their control.

21. The Independent Expert welcomes the efforts made by the European Union in the

training, accreditation and certification of the Central African Armed Forces. Of the three

battalions expected to be trained by 2018, 600 soldiers have already completed training.

Given the situation of violence, a majority of the members of civil society and certain

representatives of the authorities with whom meetings were held requested that the

embargo be lifted in order to provide the army with equipment and weapons. The

Independent Expert was informed that the Central African Republic could obtain a

dispensation from the arms embargo in order to equip its forces and that the Government

had approached the international community with a view to requesting help from other

partners in accelerating the training and providing equipment and other logistical resources

to the new Central African army. The Government has also undertaken the recruitment,

through a joint committee composed of representatives of the State and MINUSCA, of 500

police officers and gendarmes.

22. The Independent Expert has observed delays in the restoration of State authority

outside Bangui. The security situation is such that State officials are discouraged from

expanding operations to certain regions under the control of armed groups. This is

particularly true in the east, where there is only one gendarme in Zémio and in Mboki, and

none in the sub-prefecture of Bambouti. At the end of June 2017, armed groups appeared to

hold sway over 12 of the 16 prefectures, representing nearly 70 per cent of the national

territory.

B. Political context and mediation efforts

23. The escalation in violence in September 2016 undermined the Government’s efforts

to restore the authority of the State, as well as regional and national initiatives in favour of

peace.

24. With the support of its partners, the Government had, however, made significant

progress in developing a legislative and institutional framework, including the adoption of

organic laws, accession to international human rights conventions, the adoption of a

recovery plan and the appointment of the Prosecutor of the Special Criminal Court.

25. The National Recovery and Peacebuilding Plan, which was developed by the

Government in partnership with the United Nations, the European Union and the World

Bank, was approved by the National Assembly on 26 October 2016. It is based on the

following three pillars: support for peace, security and reconciliation; renewal of the social

contract between the State and the people; and economic recovery and revitalization of the

productive sectors.

26. The donor conference held on 17 November 2016 in Brussels demonstrated the

willingness of the international community to assist the Central African Republic through

pledges totalling $2.2 billion to finance the National Recovery and Peacebuilding Plan for

three years. The actual disbursement of these pledges has, however, been slow to

materialize.

6 GE.17-12914

27. During her last visit, the Independent Expert was informed that some budget lines

had started to become available, notably those related to disarmament, demobilization,

reintegration and repatriation, and that the authorities were willing to establish a national

secretariat for implementing the National Recovery and Peacebuilding Plan and

establishing contacts with partner States.

28. During the special session held from 3 to 17 January, the Assembly adopted laws on

the establishment of the other institutions provided for in the Constitution, including the

Economic and Social Council, the National Mediation Council, the High Council for

Communication and the High Authority on Good Governance.

29. MINUSCA also supported the deployment of more than 600 administrative staff, the

restoration of administrative buildings, mainly through the funding of quick-impact

projects, and the launch of a territorial administration guide.

30. The States in the region, in cooperation with the Economic Community of Central

African States and the African Union, have begun mediation efforts with a view to

promoting a peace agreement between the Government and the various armed groups. The

African Initiative for a Peace and Reconciliation Agreement in the Central African

Republic, endorsed at the African Union Summit held in Addis Ababa on 30 and 31

January 2017, has enabled better coordination of mediation efforts, which were initially

somewhat scattered.

31. On 19 June 2017, all armed groups, with the exception of 3R, met in Rome where,

under the aegis of the Community of Sant’Egidio, they signed the Sant’Egidio Agreement,

which provided for an immediate ceasefire. The day after the signing of the agreement,

nearly 100 people were reportedly killed in Bria in clashes between FPRC and anti-Balaka

fighters. Violence continues on the ground, potentially casting doubt on the credibility of

this agreement.

32. Lastly, a coordination meeting between the peace mediators was held in Brussels on

21 June 2017 in order to agree on a road map for the implementation of the agreement.

33. Numerous civil society actors have expressed concern at the lack of transparency of

these initiatives, the lack of communication from the Central African Government

concerning the agreement and persistent rumours of negotiations to secure an amnesty for

war crimes and crimes against humanity. Nevertheless, members of the Government

assured the Independent Expert of their commitment to combating impunity.

34. The Independent Expert found it regrettable that no women were involved in the

mediation initiatives, although she was encouraged by the establishment of a network for

women’s leadership in the Central African Republic, which promotes the participation of

women in all national processes, including those relating to peace and security. She also

encourages the authorities to involve traditional leaders in their peace initiatives at the local

level.

C. Humanitarian situation

35. The humanitarian situation has deteriorated severely as a result of massive

displacements caused by the resumption of fighting. More than 100,000 new internally

displaced persons were registered in affected areas between September 2016 and February

2017. Half of the country, or 2.2 million people, remains dependent on humanitarian

assistance.1

36. On 5 December 2016, a humanitarian response plan for the period 2017-2019 was

presented in Geneva. It provides for a budget of $399 million to help 1.6 million Central

Africans. It should be recalled that the plan was drawn up before the resumption of fighting

and does not take into account needs linked to the new displacements.

1 See www.un.org/apps/newsFr/storyF.asp?NewsID 39133#.WWiBIIiGPcs.

GE.17-12914 7

37. Regrettably, the funding provided by institutional donors has fallen far short of that

required to meet humanitarian needs, despite advocacy on the part of humanitarian

organizations, MINUSCA and the United Nations specialized agencies. By late May 2017,

the humanitarian response plan was funded at only 27.8 per cent. According to the Office

for the Coordination of Humanitarian Affairs (OCHA), all the warning signs are present,

yet the quality and scope of the humanitarian response is being reduced. Access to

communities in need, already affected by the security situation, risks being further limited if

humanitarian partners cease operations or if logistical resources, such as air transport

services, are cut back for lack of funds.

38. The Independent Expert joins humanitarian actors in calling on the international

community to mobilize to avert the impending humanitarian crisis, the consequences of

which in the future will be far more costly if nothing is done. Humanitarian actors have,

moreover, continued to operate in a highly volatile security environment. On 5 May 2017,

OCHA announced that four humanitarian organizations had decided to suspend their

activities temporarily in the prefecture of Ouham in the light of the threats they faced. More

than 300 incidents in 2016 and more than 1,667 security incidents involving humanitarian

workers have been recorded since the beginning of the year.2 Furthermore, 72 per cent of

health-care facilities have been damaged or destroyed by violence and looting, and health-

care facilities in the vast majority of cases depend on humanitarian assistance.3

III. Human rights situation

39. The period was marked by an increase in human rights violations and abuses linked

to the upsurge in fighting and to attacks by the various armed groups. Most of the abuses

were perpetrated by ex-Séléka and anti-Balaka armed groups; they included killings, acts of

torture and inhuman or degrading treatment, sexual violence, abductions, deprivation of

liberty and arbitrary arrest, extortion and looting, recruitment and exploitation of children,

the occupation of schools and health centres and attacks on them, and denial of

humanitarian assistance. In this context, vulnerable groups, including persons with

disabilities, face even greater challenges in terms of access to food, sanitation and medical

assistance.

40. The Independent Expert also finds it regrettable that the national security forces

commonly have recourse to prolonged and unlawful pretrial detention and that conditions

of detention remain very poor.

41. The Independent Expert welcomes the adoption and promulgation on 20 April 2017

of the Act establishing the National Commission on Human Rights and Fundamental

Freedoms. She encourages the Government to bring it into operation with the technical

support of the Human Rights Division of MINUSCA and to ensure that the criteria of

professionalism, integrity and gender balance are respected in the selection of

commissioners.

A. Abuses attributed to armed groups

42. The period was marked by a significant increase, from November 2016, in human

rights abuses perpetrated by armed groups.4 Between July 2016 and June 2017, the Human

Rights Division of MINUSCA recorded 1,976 cases of violations and abuses, which left

3,423 victims (2,120 men, 327 women, 189 boys and 116 girls, and 113 children and 558

adults who were not identified).

2 Identified by the International NGO Safety Organization; see

www.ngosafety.org/country/central_african_republic.

3 See www.msf.fr/actualite/dossiers/republique-centrafricaine-crise-silencieuse.

4 In 2015, MINUSCA reported 1,278 human rights violations, which left 1,786 victims (see

A/HRC/33/63, para. 36).

8 GE.17-12914

43. Most of the abuses were committed during clashes between groups or targeted

attacks against civilians or in connection with movements by armed groups and were the

work of the ex-Séléka coalition led by FPRC (including both ex-Séléka and anti-Balaka

elements), as well as of UPC, the 3R group and anti-Balaka groups acting alone or on

behalf of the armed coalition. There are reports that, in some cases, certain communities

were targeted because of their perceived affiliation with an armed group.

44. On 12 October 2016, ex-Séléka fighters killed at least 37 civilians, injured 57 and

forced thousands of people to flee when they razed the camp for internally displaced

persons in Kaga Bandoro. The fighters destroyed 175 houses and 435 huts in the camp and

surrounding areas, despite the presence of MINUSCA peacekeeping forces.5

45. In the days that followed the fighting of November 2016 between FPRC and UPC in

Bria, FPRC elements reportedly targeted the Fulani community for its supposed affiliation

with UPC, carried out killings and abductions, and occupied hospitals, preventing injured

Fulani from receiving treatment. Some of the dead were allegedly robbed and mutilated.

For their part, UPC elements and armed Fulani reportedly attacked civilians on the roads

outside Bria, executed and abducted men, and raped girls. They were reported to have

specifically targeted Arab Muslims and Gula.

46. On 11 and 12 December 2016, UPC retook the town of Bakala, to the north of

Bambari, which they had been driven out of by the armed coalition. UPC elements took

revenge on the population for their previous defeat and reportedly killed at least 88 people

in Bakala and at least 57 at neighbouring or nearby mining sites. It was reported that dozens

of people, including children, were killed in the complex of the sub-prefectural school and

close to the gendarmerie station, where UPC had invited them to attend a meeting. The

bodies were allegedly dumped in the Ouaka River and in wells. UPC elements also

reportedly killed many civilians during offensives in several villages in the prefectures of

Ouaka and Basse-Kotto between February and May 2017.6

47. More than 400 people, including women and children, were reportedly killed in the

prefectures of Haute-Kotto and Ouaka alone during the fighting and attacks by armed

groups between November 2016 and February 2017.

48. Anti-Balaka fighters are accused of responsibility for a large number of killings of

Fulani civilians, committed either alone or alongside the FPRC coalition. In mid-February

2017, anti-Balaka fighters reportedly killed at least 16 ethnic Fulani civilians near Ippy,

Ouaka prefecture, during an ambush on a truck carrying people trying to reach safety in

Bambari.7

49. Between 7 and 15 March, for example, attacks carried out by anti-Balaka elements

on the village of Site Chinois, to the south of Bria, reportedly resulted in the deaths of

around nine Fulani civilians and massive population displacement.

50. Armed groups have deliberately targeted the civilian population. Between 20 and 22

March 2017, the FPRC coalition and anti-Balaka fighters are alleged to have killed more

than 23 civilians in Bakouma, Mbomou prefecture. On 11 May 2017, the local branch of

the Red Cross in Alindao, Basse-Kotto, reported that 37 bodies had been recovered and 110

people injured in the locality following attacks carried out against the population between 8

and 10 May, allegedly by UPC militias. The local Red Cross documented 115 deaths

following an attack on the town of Bangassou on 13 May 2017.

51. During clashes between anti-Balaka and ex-Séléka UPC in Alindao, Basse-Kotto, in

mid-May, fighters set fire to more than 360 houses, according to the local Red Cross.

52. In the north-west of the country, following the theft of 600 cattle from an

encampment of Fulani herders on 27 April 2017, allegedly by anti-Balaka elements, 3R

fighters were reported to have attacked the town of Niem in Nana-Mambéré prefecture on 2

May 2017, causing population displacement and the deaths of 11 people.

5 Human Rights Watch, “Killing Without Consequence”, July 2017.

6 Information received from the Human Rights Division of MINUSCA.

7 Human Rights Watch, “Killing Without Consequence”, July 2017.

GE.17-12914 9

53. LRA continued to commit serious abuses against the civilian population in the areas

under its control in the east of the Central African Republic, to attack villages, to loot

property and to abduct civilians almost routinely, subjecting them to forced labour, forced

recruitment, sexual slavery, sexual violence and forced marriage. Between July 2016 and

June 2017, the Human Rights Division documented more than 100 incidents, which left

over 360 victims.8 The departure of Ugandan and American international forces is not only

leaving a security vacuum, but is also affecting the provision of assistance to the victims of

LRA.

B. Violations attributed to the national armed forces

54. Arbitrary arrests and detention remain a serious obstacle to the administration of

justice in the Central African Republic. All 615 cases of arbitrary detention documented by

the Human Rights Division between July 2016 and June 2017 were related to the security

forces’ failure to respect the 72-hour legal limit (renewable once) for detaining suspects

before bringing them before a judicial authority. This situation remains due to the absence

of a functioning judiciary, to technical and logistical constraints stemming from the security

forces’ lack of training and to the unavailability of the resources necessary to ensure

compliance with legal procedures.

55. The Independent Expert was also informed of a case that occurred in the context of

the violence in the PK5 neighbourhood of Bangui in early October 2016, where elements of

the Central African Armed Forces reportedly shot dead two people.

C. Refugees and displaced persons

56. The Central African Republic has experienced a new wave of mass displacement as

a result of the armed violence. As at 25 May 2017, 503,600 Central Africans, that is nearly

100,000 more than in the previous year, were internally displaced. As at 30 June 2017,

481,350 had fled, mostly to neighbouring countries.9

57. In early 2017, the Government ordered the closure of the displaced persons’ site at

M’Poko airport. As at 15 January, 17,151 persons had left the site and returned to the third

and eighth districts and the suburbs of Bimbo. Since December 2016, the Ministry for

Social Affairs and National Reconciliation has promoted these returns through its project to

support the return and reintegration of displaced persons and refugees in the Central

African Republic and its “Christmas at Home” operation, providing lump-sum payments to

the displaced.

58. The problems of looting and destruction of goods and property and their restitution

remain unresolved and need to be addressed in order to enable the return of refugees, while

avoiding the creation of new flashpoints. The Independent Expert reiterates her

recommendation to establish conditions under which the informed, voluntary, dignified and

sustainable return of refugees and displaced persons and their reintegration into their

community through the promotion of “living together” is possible.

D. Violence connected with accusations of witchcraft

59. The ongoing conflict and traditional beliefs continue to fuel the phenomenon of

witchcraft and crimes that, while supposedly prompted by accusations of sorcery, actually

involve premeditated acts perpetrated by armed groups, more often than not to extort

money from the victims. The Human Rights Division has documented 45 cases of violence

8 According to LRA Crisis Tracker, LRA was involved in 73 incidents, killed 7 people and abducted

216 others in the Central African Republic between July 2016 and June 2017; see

www.lracrisistracker.com.

9 See http://data.unhcr.org/car/regional.php.

10 GE.17-12914

committed against persons accused of witchcraft, claiming 77 victims, 38 of whom were

men, 32 women and 7 children.

60. Under Central African law, offences of witchcraft carry a maximum sentence of life

imprisonment with forced labour if they cause death. This situation is of deep concern

because of the obvious questions it raises as to evidence.10

61. Most of those accused of witchcraft and charlatanism are women and children, and a

large number end up in prison. When MINUSCA staff visited the Bimbo women’s prison

in Bangui in early 2017, 21 of the 46 women detainees were accused of witchcraft. 11

Sometimes, certain accused are charged, tried and convicted by the courts.

62. On each visit and in her reports, the Independent Expert continues to alert the

authorities to these practices and the false allegations made by members of armed groups in

order to terrorize and extort money from the population. She reiterates her previous

recommendations, in particular the recommendation to prosecute and punish all

perpetrators of violations against persons accused of witchcraft; carry out awareness-raising

campaigns to counter these practices; and begin a national debate on the issue, including in

respect of existing legislation, in order to find real solutions that respect universal human

rights standards.

E. Gender-based violence

63. The resurgence of widespread violence has gone hand in hand with a significant

increase in acts of sexual violence committed by armed groups during this period. In 2016,

MINUSCA recorded 179 cases of conflict-related sexual violence against 92 women, 86

girls and 1 boy; between January and May 2017, MINUSCA documented 91 cases

involving 48 women and 72 girls.12 The true number is likely to be higher, as victims are

reluctant to report such crimes because of fear of stigma or reprisals, and because the lack

of security has prevented access to certain areas and hampered investigation and

documentation efforts. The absence of a judiciary outside the capital also deters victims

from filing complaints.

64. The vast majority of perpetrators are reportedly armed groups operating in the

conflict zones, but also Fulani herders who commit acts of sexual violence during clashes

or against women and girls they encounter on seasonal migration routes. In many cases, the

victims are gang-raped. Outside urban centres, victims rarely have access to medical and

psychosocial support.

65. On 14 June 2017, President Touadéra inaugurated the headquarters of the joint rapid

response unit to combat sexual violence against women and children, stating that

approximately 60,000 cases of violence against women and children had been recorded

since 2014. The unit, which comprises 29 commissioned and non-commissioned police and

gendarmerie officers (including 10 women), aims to promote an enabling environment for

the prevention and punishment of gender-based violence and violations of the rights of the

child in the Central African Republic.

66. During the reporting period, the Independent Expert continued to meet with many

women’s organizations, to encourage their initiatives and to urge partners to support their

work. She visited, inter alia, a women’s association in the seventh district of Bangui that

has set up income-generating activities and organizes education and training.

67. The measures implemented by the Secretary-General of the United Nations and

MINUSCA in response to numerous reported cases of sexual exploitation and abuse by

international forces in 2015 and 2016 appear to have had a deterrent and preventive effect.

The Independent Expert notes, however, that the investigations undertaken have rarely been

made public and that few have resulted in convictions. She encourages partners to provide

10 Report of the Mapping Project, chap. V, D.1.

11 MINUSCA, internal report, February 2017.

12 MINUSCA produces monthly reports on conflict-related sexual violence.

GE.17-12914 11

funds for effective legal assistance for victims, and States to conduct inquiries and bring the

perpetrators to justice.

68. The Independent Expert recalls the Secretary-General’s strategy to improve the

Organization’s system-wide approach to preventing and responding to sexual exploitation

and abuse, which seeks to put victims first, in accordance with the principles of “do no

harm”, confidentiality and informed consent in the best interests of the victim.13

F. Situation of children

69. The United Nations has reported an increase in the recruitment and use of child

soldiers during the recent upsurge in violence. OCHA estimates that from 4,000 to 5,000

children still belong to armed groups. Reportedly, only half of the 9,000 children released

and handed over to the Ministry of Social Affairs and then to the United Nations Children’s

Fund (UNICEF) since 2014 have benefited from a full reintegration programme.

70. Children have continued to be used as combatants, guards, human shields, porters,

messengers, spies, domestic workers or sex slaves. There are also reports of Fulani children

being abducted by armed groups, especially anti-Balaka fighters, who allegedly demand

livestock as ransom for their release.

71. On 13 May 2017, FPRC, which has until now been reluctant to cooperate with the

United Nations specialized agencies on the issue of forcibly recruited children, signed a

directive ordering its commanders to refrain from recruiting children and to identify the

children within their ranks, with United Nations support.

G. Economic, social and cultural rights

72. Armed groups have spread across the centre and east of the country, seeking to take

control of and plunder natural resource-rich areas and to control trade and seasonal

migration routes. The ensuing destruction of goods and property, looting and mass

displacement have driven the already destitute population further into poverty. The Panel of

Experts on the Central African Republic, in its final report (S/2016/1032), again denounced

the cross-border trafficking by armed groups of weapons, gold, diamonds, illicit drugs and

animals into the Democratic Republic of the Congo and Cameroon. Armed groups are also

setting up roadblocks in order to collect taxes in areas under their control, specifically

targeting diamond miners, merchants and collectors, and impeding the free movement of

goods and people.

73. Although the National Recovery and Peacebuilding Plan contains numerous

provisions aimed at the economic recovery of the Central African Republic, their

implementation has been slow, mainly because donors and investors are reluctant to launch

economic activities given the lack of security and the scant progress made with regard to

transparency in financial management and the fight against corruption. The Central African

Republic ranks 40th out of 50 African States and 159th out of 176 countries globally in

terms of corruption.14

74. The development of economic activities remains a key factor in reducing the appeal

of weapons and enabling the population to enjoy the benefits of peace. In fact, many young

people are pushed towards armed groups by joblessness and a lack of economic prospects.

There is a great need to work on youth employment policies and initiate labour-intensive

works that will offer job opportunities in addition to those created in the civil service.

75. Basic social services, in particular education and health, are non-existent or largely

insufficient outside Bangui as a result of the security situation, the lack of staff and

13 See the report of the Secretary-General on special measures for protection from sexual exploitation

and abuse: a new approach (A/71/818) and the report of the Mapping Project, chap. V, point 7.

14 According to Transparency International; see www.transparency.org/country/CAF.

12 GE.17-12914

infrastructure, and mass displacement. The Independent Expert noted this situation during

her trips to Obo and Birao.

76. Several schools remain or have been newly occupied by armed groups, mainly ex-

Séléka fighters, and are being used as barracks or bases. The acts of violence and abuse

committed by armed groups in and around schools are undermining the safety of students

and teachers.15

IV. Efforts to fight impunity and transitional justice

77. The Independent Expert continues to believe that the fight against impunity is one of

the keys to resolving the crisis in the Central African Republic. She welcomes the progress

made in establishing the Special Criminal Court and ensuring its effectiveness. She

deplores the fact that armed groups continue to rampage freely and with absolute impunity,

spreading terror, devastation and chaos. The population is frustrated that members of armed

groups responsible for acts of violence have not been neutralized and tried for their crimes.

The necessary measures must be taken to investigate those crimes and arrest the

perpetrators without further delay. The Ministry of Justice must increase the resources of

the country’s courts as a matter of priority, ensuring in particular that judges have an

effective presence in the towns to which they have been posted and that they hold ordinary

court sittings and assize court sessions on a more regular basis. The authorities should also

consider extending the mandate of the Special Criminal Court in order to send a strong

signal that current crimes will not go unpunished.

78. During her most recent visit to the Central African Republic, a large number of

people expressed concern to the Independent Expert that, during the peace negotiations,

requests had been made for amnesty for war crimes, crimes against humanity and genocide.

The authorities with which she met, including the diplomatic corps, the Government and

the parliament, unanimously stated their determination to fight against impunity and ensure

that there would be no possibility of amnesty for war crimes, crimes against humanity or

genocide, in accordance with the outcome of the Bangui Forum, the Constitution and the

international conventions ratified by the Central African Republic.

79. On 11 May 2017, the country observed the second National Remembrance Day for

the victims of the conflicts in the Central African Republic, which was marked by the

laying of floral wreaths at a number of memorial sites in Bangui by the Prime Minister and

several members of the Government.

80. The Independent Expert welcomes these measures to promote justice and

recognition of victims, which should be supplemented by further steps as part of the

transitional justice strategy, including the setting up of a truth and reconciliation

commission, the preservation of archives and the construction of a memorial.

A. Special Criminal Court

81. Efforts to establish the Special Criminal Court are continuing. In January 2017, the

selection panel, made up of United Nations representatives and of the members of the

Higher Council of the Judiciary of the Central African Republic, selected Toussaint

Muntazini Mukimapa, a military judge from the Democratic Republic of the Congo, for the

post of Special Prosecutor of the Special Criminal Court, a choice confirmed by

presidential decree on 14 February 2017. Following the appointment of the Prosecutor, who

arrived in the Central African Republic on 25 May 2017, two female international

investigating judges (from France and Burkina Faso, respectively) were appointed.

82. On 5 May, five national judges were appointed. The Independent Expert was

concerned at the lack of women among the national appointees, in particular given that the

15 See www.hrw.org/fr/report/2017/03/23/pas-de-cours/quand-les-groupes-armes-utilisent-occupent-

des-en-republique.

GE.17-12914 13

Court would be handling cases involving sexual violence. The interministerial decree

establishing the committee for the selection of national criminal investigation officers was

signed on 23 February 2017. The committee has published the terms of reference for

criminal investigation officers and set 2 June 2017 as the deadline for applications, after

which shortlisting and interviews will be carried out; the new recruits are expected to take

up their posts in July 2017. A security plan has been drawn up by MINUSCA, including a

global security strategy for Special Criminal Court premises, as well as for key Court

personnel and their residences.

83. Several stages remain before the Court can begin its work, including the renovation

of the Court building itself, the resolution of the question of payments to court-appointed

lawyers, the recruitment of additional judges, and the recruitment and training of criminal

investigation officers.

B. Non-judicial mechanisms and reconciliation

84. Pursuant to the National Recovery and Peacebuilding Plan, on 21 December 2016

the President of the Republic announced the creation of local peace and reconciliation

committees. The Independent Expert was able to meet with the members of the committee

for the third district of Bangui (PK5), which is working to reconcile the different

communities, prevent disputes and actively promote social cohesion, despite lacking the

necessary resources. The international partners must support this government initiative,

under which 12 local peace and reconciliation committees have been set up to date and a

further 14 are planned for the various prefectures, as well as the initiatives of the Interfaith

Peace Platform and the actions taken by the traditional chiefs.

85. The Government has taken a number of measures to integrate the Muslim

community, including granting Muslim holidays official status. However, more must be

done to improve the representation of the Muslim minority in the parliament and in all

public bodies.

86. The Government and the international community must also provide specific

support to a great many civil society actors working on innovative initiatives in the fields of

prevention, reconciliation, social cohesion, and promotion and protection of human rights.

The Independent Expert encourages those organizations to continue their efforts and to

expand the scope of their activities to areas outside the capital.

87. The role of the National Committee for the Prevention and Punishment of the Crime

of Genocide, War Crimes, Crimes against Humanity and All Other Forms of

Discrimination is to identify root causes and warning signs and contribute to the

strengthening of the reconciliation process by setting up peace forums and other initiatives.

The Independent Expert has encouraged the Committee to publicize its work, composition

and road map and to raise awareness of violence prevention among all sections of society.

88. The Réseau de journalistes pour les droits de l’homme (Network of Journalists for

Human Rights) and its web of regional correspondents and thematic experts organize a

large number of innovative journalistic and outreach activities, with the aim of informing

the population of progress made in establishing the Special Criminal Court, access to

justice and the role of victims in the four pillars of transitional justice, as well as keeping

refugees and displaced persons informed of current events in the Central African Republic.

These initiatives should receive greater technical, financial and logistical support in order to

improve coverage across the country; in particular, there is a need for donations of

telecommunications and transport equipment.

89. The report of the Mapping Project, which includes a list of serious violations of

human rights and international humanitarian law committed between 1 January 2003 and

31 December 2015, was officially presented on 30 May 2017. The Security Council

referred to the project in its resolution 2301 (2016) as being one of the priority tasks of

MINUSCA under its human rights promotion and protection mandate. The project was also

tasked with listing the existing transitional justice mechanisms, putting forward a strategy

for the possible establishment of processes with regard to truth-seeking, reparation and

14 GE.17-12914

guarantees of non-recurrence, identifying priority areas for future investigations by the

Special Criminal Court and contributing to the preparation of a prosecution strategy for the

Special Criminal Court.16

90. According to the report of the Mapping Project, security conditions must improve

considerably if the transitional justice process is to be implemented peacefully. A staggered

approach should be adopted, with prosecutions and the vetting of the security forces being

carried out as a matter of priority. Furthermore, displaced persons located outside the

capital and refugees should be involved in the transitional justice process. The authorities

are encouraged to immediately launch preparatory activities, such as the enhancement of

documentation and archives, capacity-building for civil society and victims’ organizations,

the development of a victim and witness protection programme, and country-wide

consultation and awareness-raising on transitional justice.

91. The report also contains several recommendations on non-judicial transitional justice

mechanisms, in particular truth-seeking. It recalls that any future truth and reconciliation

commission must have a broad mandate allowing it to determine the facts, identify the root

causes of conflicts and events, and establish an impartial, historical record. It notes that,

although truth commissions can help to institute restorative justice, they should not act as

courts.

92. The Independent Expert had already affirmed her support for a truth commission as

a key element of the transitional justice strategy. In her previous report, she had

recommended that extended, thematic consultations should be held in order to consider

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.

The Independent Expert had recalled the importance of ensuring the safety and protection

of victims and witnesses, in order to encourage them to testify about the serious violations

they suffered or witnessed.

93. The recent political agreement for peace in the Central African Republic, the

Sant’Egidio Agreement, provides for the setting up of a truth, justice and reconciliation

commission, with a 12-month mandate, which will make recommendations to the President

of the Republic on “traditional processes with regard to cases of reparation and pardon, the

reintegration of the leaders and officials of politico-military groups, the release of detained

combatants and the adoption of laws on national reconciliation”.17

94. As to the issue of amnesty, the Independent Expert calls on all the actors involved in

the peacebuilding efforts to respect the desire of the population of the Central African

Republic to see real justice, given that impunity is one of the structural causes of violence

in the country. The international community and the Government must remember that any

possibility of amnesty for war crimes, crimes against humanity or genocide is out of the

question, in accordance with the outcome of the Bangui Forum, the Constitution and the

various international conventions ratified. No one should be able to escape truth and justice

and all those who know that they have committed reprehensible acts should have the

courage to take full responsibility for their actions before the nation and the victims. That is

the price they must pay if they wish to be forgiven and to contribute to reconciliation and

peace.

C. Judicial and prison administration

95. The judicial system continues to be dysfunctional and to suffer from a lack of

qualified staff and material resources. The Independent Expert was informed of the

authorities’ continued efforts to re-establish courts and a judiciary across the country. In all,

18 out of 30 courts (3 courts of appeal, 24 courts of major jurisdiction (tribunaux de

grandes instances) and 3 specialized courts) are up and running again and more than 60

judges have been posted to locations outside Bangui. Furthermore, 23 circuit courts have

16 See https://minusca.unmissions.org/en/human-rights-0.

17 Sant’Egidio Agreement, transmitted in a letter to the Security Council dated 22 June 2017.

GE.17-12914 15

been held in the provinces. As a result of the dire security situation and the lack of

detention facilities outside Bangui, the effectiveness of these courts remains to be

determined.

96. Many judges have yet to reassume their posts in the field owing to security and

logistical issues. For example, the courts have not sat in Bouar for the last three years

because of the lack of judges.

97. Following an initial session of the court of assizes in 2015, the first in almost five

years, a series of 55 criminal trials was held between 26 August and 26 September 2016,

involving cases of murder, rape, looting, conspiracy to murder and illegal possession of

weapons. 18 The Independent Expert encourages the judicial authorities to hold such

sessions on a regular basis in order to fight against the widespread sense of immunity in the

country.

98. The Independent Expert took note of the adoption, on 24 March 2017, of the

Military Justice Code, which provides for the prosecution of members of the armed forces

for indictable offences they have committed. She calls for the law to be disseminated

widely and implemented.

99. MINUSCA provides the judicial authorities with technical assistance, including

capacity-building relating to knowledge of the law. The separation of powers constitutes a

matter for concern, given that more than 17 per cent of serving judges reportedly also hold

political posts.

100. With regard to prison administration, a number of major challenges remain,

including the lack of detention facilities outside Bangui and the extremely poor conditions

of detention, which are due in particular to a lack of funds for food for detainees and to

prison overcrowding. In some locations, such as Bouar, detainees are suffering from

malnutrition.

V. Conclusions and recommendations

A. Conclusions

101. The security situation has worsened dramatically since the previous report and

the oral presentation of March 2017 following advances by the armed groups, who

currently control 12 out of countrys 16 provinces in the south and centre. The

Independent Expert notes that, in those areas, the armed groups are killing, looting,

burning down houses and assuming sweeping powers, including in the fields of justice

administration and tax collection, as the State and MINUSCA watch on, virtually

impotent. She has warned of the worsening of the security situation throughout the

period and of the slow progress in restoring effective State authority outside Bangui.

The current security situation is discouraging State employees from taking up posts in

certain regions that are in the hands of armed groups, thus preventing any headway

from being made in the establishment of a law-based State.

102. The Independent Expert has taken due note of the efforts made by the

authorities to implement their road map and the sectoral action plans, as well as the

institutional reforms adopted. However, she observes that, without a cessation of

hostilities and without the disarmament, demobilization, repatriation and

reintegration of the armed groups, it would be completely unrealistic to expect the

other urgent measures to promote the rule of law, justice and economic recovery to

have any real impact.

103. The Independent Expert encourages the MINUSCA peacekeeping force to

redouble its efforts to protect civilians threatened by the myriad armed groups

committing abuses. Many civil society organizations continue to call for the lifting of

18 Human Rights Watch, “Killing Without Consequence”, July 2017.

16 GE.17-12914

the embargo on the supply of weapons to the Central African Armed Forces, citing by

way of justification the inability of MINUSCA to provide effective protection and even

going so far as to accuse certain battalions of conspiring with the armed groups. The

Independent Expert has already underlined the importance of far-reaching reform of

the security sector, of the setting up of a vetting process to ensure that those

responsible for serious violations are prevented from re-enlisting in the armed forces

and of the establishment of an army that is responsible, national and democratic.

104. The fight against impunity is essential to the resolution of the crisis in the

Central African Republic. The population has waited too long for specific measures to

re-establish the rule of law. The appointment of the Special Prosecutor of the Special

Criminal Court is proof that progress can be made. That achievement must now be

built on as a matter of urgency to ensure that the Court becomes operational and to

break definitively with the past, which was characterized by a tendency to turn a

blind eye to the actions of war criminals and to reward violence.

105. The multiple mediation efforts must include not only the Government and the

armed groups, but also women and the Central African political parties. The

Independent Expert recalls that discussions on peace and development can bear fruit

only if they are inclusive and involve the effective participation of women from all

sections of society.

B. Recommendations

106. The Independent Expert reiterates the recommendations contained in her

previous report (see A/HRC/33/63, para. 122), which remain pending. She calls on the

Government, with the support of the international community:

(a) To continue to participate actively, transparently and with due respect

for its human rights obligations in conflict-mediation initiatives in order to achieve an

immediate end to hostilities and a lasting peace in a sovereign and united Central

African Republic;

(b) To encourage and ensure womens participation in all peace and security

negotiation initiatives, in line with Security Council resolution 1325 (2000); and to

include the Central African political parties in negotiations on peace, reconciliation

and the future of the country;

(c) To reiterate its commitment to refrain from granting amnesty to those

responsible for serious crimes under international law, such as war crimes, acts of

genocide and crimes against humanity or serious human rights violations, and to

reaffirm the right of victims to know the truth about those violations and their right to

redress and reparation, in accordance with the will of the Central African people as

expressed at the Bangui Forum and in the Constitution of the Republic;

(d) To cooperate with the Special Prosecutor of the Special Criminal Court

in order to ensure that perpetrators, instigators of and accomplices to the most serious

international crimes, regardless of their status and/or political or religious affiliation

or ethnicity, are identified, arrested and put on trial without delay; to provide regular

information to the population, civil society organizations and community leaders

about the progress made in setting up the Special Criminal Court and to intensify

training for all stakeholders, including judicial personnel, lawyers and the Bar;

(e) To strengthen the resources of the countrys courts in order to ensure

that judges have an effective presence in the towns to which they have been posted

and hold ordinary court sittings and assize court sessions on a more regular basis;

(f) To finalize and implement without delay a victim and witness protection

strategy so that conditions are in place in which they can testify and obtain justice and

reparation in complete safety;

GE.17-12914 17

(g) To expedite the process of restoring State authority by deploying public

officials in every prefecture and to ensure that such officials are representative in

terms of their ethnicity, religious affiliation and sex;

(h) To continue to tackle the major issues at the national level, namely,

disarmament, demobilization, reintegration and repatriation, the reform of the

security sector and the National Recovery and Peacebuilding Plan, effective action on

which requires sustained and concerted resolve and commitment on the part of all

State actors, notwithstanding the support of the international community; and to

continue to advocate for and take steps to expedite the process of reconstituting

trained and equipped national security forces, as part of the reform of the security

sector;

(i) To promote economic recovery initiatives by approving and launching

highly labour-intensive projects across the country and to develop community-level

entrepreneurship and projects designed to occupy young people and keep them from

becoming involved in conflict;

(j) To develop an effective strategy to combat, and provide protection

against, the plundering of natural resources, including by securing roads and

production areas, and to punish traffickers, where necessary;

(k) To strengthen advocacy and action to ensure a humanitarian response

that is in line with the urgent needs for assistance and protection of populations

affected by fresh outbreaks of violence, in particular displaced persons and refugees;

and to create the necessary conditions, in those areas where it can be done, to enable

voluntary and sustainable return and reintegration, taking into account the exercise of

the right to property and goods;

(l) To define urgently a strategy and road map for transitional justice that

take account of economic crimes; to obtain and disseminate the report of the Mapping

Project, to launch preparatory activities for possible transitional justice mechanisms

and to set up the technical committee responsible for establishing a truth and

reconciliation commission;

(m) To support civil society actors working for peaceful coexistence, conflict

prevention and resolution, and human rights; to evaluate and build capacity and

resources for prevention and peaceful resolution of conflicts through traditional

mechanisms; and to support local peace and reconciliation committees and replicate

them within the country;

(n) To establish the new National Commission on Human Rights and

Fundamental Freedoms as soon as possible, to provide it with the necessary resources

and to ensure its independence;

(o) To strengthen initiatives to protect children and, in particular, initiatives

to benefit young people removed from the armed groups;

(p) To take urgent steps to ensure that persons with disabilities are

protected and have access to basic services, help and support;

(q) To operationalize the joint rapid response unit to combat sexual violence

against women and children as soon as possible; and to support local health

dispensaries by pursuing a policy of access to essential care and by equipping those

centres.

107. Addressing the armed groups, the Independent Expert:

(a) Urges them to cease immediately all hostilities and attacks against

civilians, to respect the peace agreements that they themselves have signed and to

respect the rights of civilian populations, in particular the rights to life, security and

physical integrity. Sexual violence is a serious human rights violation, and every rape

committed during or in connection with an armed conflict constitutes a war crime

that must not go unpunished;

18 GE.17-12914

(b) Urges them to respect peacekeeping forces and the staff and property of

humanitarian organizations and to allow rapid channelling of humanitarian aid.

Targeted attacks on humanitarian staff and resources may be considered war crimes;

(c) Recommends that they immediately stop recruiting child soldiers and

free all those who are still in their ranks.

108. The Independent Expert recommends that MINUSCA:

(a) Continue to respond firmly to any attempt to plunge the Central African

Republic back into a new chapter of the conflict; continue to advocate for its military

forces, in particular its special forces, to be strengthened and review its strategy for

protecting civilians in the light of the increase in the number of areas where violence

occurs; deploy its resources in sensitive areas and in areas to which the armed groups

could spread; assist the national authorities in taking steps to arrest those principally

responsible for violations of international humanitarian law and human rights;

(b) Strengthen its good offices and political support for efforts to achieve a

ceasefire, a political agreement that respects human rights and a reduction in the

influence of the armed groups through various forms of mediation and through

programmes on disarmament, demobilization and reintegration and the reform of the

security sector;

(c) Strengthen the activities of the civilian components of MINUSCA in the

area of preventing violence with a view to providing preventative protection for

civilians, with a particular focus on vulnerable populations; draw up joint plans of

action on warning mechanisms and in the area of capacity-building with the aim of

supporting the restoration of the rule of law; increase its support for national and

local actors working to build social cohesion through its programme to finance quick-

impact projects and other development programmes;

(d) Make every effort to enable the Special Criminal Court to begin its work

promptly;

(e) Build on institutional progress in the area of human rights by

strengthening the capacity of civil society, the National Commission on Human Rights

and Fundamental Freedoms and the National Committee for the Prevention and

Punishment of the Crime of Genocide, War Crimes, Crimes against Humanity and All

Other Forms of Discrimination by providing training in reporting and by making

meetings and joint monitoring, prevention and protection activities sustainable.

109. Addressing the international community, the Independent Expert:

(a) Welcomes the efforts already made and encourages renewed vigilance in

the face of fresh outbreaks of violence and the risks of increasing destabilization; calls

on all stakeholders to strive to achieve an end to hostilities and enable priority

programmes under the National Recovery and Peacebuilding Plan to be implemented;

(b) Encourages it to continue to support the Special Criminal Court in the

long term;

(c) Urges it to mobilize to avert the impending humanitarian crisis by

financing the Humanitarian Response Plan 2017-2018;

(d) Recommends that it strengthen its commitment to the negotiation efforts

between the Government and the armed groups initiated by multilateral

organizations, the African Union and the group of friends of the Central African

Republic to promote peace while respecting the values emerging from the Bangui

Forum and enshrined in the Constitution, in particular the need for justice;

encourages it to support the involvement of women in negotiations, in line with

Security Council resolution 1325 (2000);

(e) Encourages it to support the reform of the security sector by training

and equipping national security forces that can protect all sections of the Central

African population;

GE.17-12914 19

(f) Calls on it to continue to implement measures intended to prevent abuse

and to put an end once and for all to the scourge of sexual exploitation and violence by

international forces, to conduct relevant inquiries and to bring those responsible to

justice;

(g) Recommends that it facilitate the organization of a subregional

conference on matters of common interest, such as transhumance, transboundary

crime, subregional security, and refugees and displaced persons, which could be

supported by the African Union and the United Nations;

(h) Recommends that it remain seized of the issue of the human rights

situation in the Central African Republic.