39/70 Report of the Independent Expert on the situation of human rights in the Central African Republic - Note by the Secretariat
Document Type: Final Report
Date: 2018 Aug
Session: 39th Regular Session (2018 Sep)
Agenda Item: Item10: Technical assistance and capacity-building
GE.18-13342 (E) 290818
Human Rights Council Thirty-ninth session
10–28 September 2018
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 36/25. The report
covers the period from July 2017 to June 2018 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 constant human rights violations and abuses linked to
continuing attacks by various armed groups in the south-west of the country in 2017, and in
Bangui and the centre of the country in 2018. Most of the abuses were the work of anti-
Balaka and ex-Séléka armed factions and criminal gangs controlling districts of Bangui or
mining areas. They continued to target civilians, humanitarian workers and United Nations
peacekeepers, but also homes, public buildings, hospitals and places of worship, worsening
the humanitarian situation and restricting access to economic and social rights. These
incidents also show contempt for the rules of international humanitarian law on the part of
the perpetrators of these attacks, Unacceptable cases of sexual violence and cruel,
degrading and inhuman treatment still go unprosecuted. Despite the ratification of the
Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict, serious violations of the rights of children persist.
The African Union launched the African Initiative for Peace and Reconciliation in
the Central African Republic in July 2017, and the Economic Community of Central
African States (ECCAS) has strengthened its involvement in the stabilization of the Central
African Republic and regional security. Doubts nonetheless remain as to the sincerity of the
armed groups regarding their commitments to this process and the disarmament,
demobilization, reintegration and repatriation programmes. The population is demanding
greater participation in this process.
Crucial steps have been taken in transitional justice regarding the pillars of justice,
the right to truth and guarantees of non-recurrence, but they lack coordination and
coherence. The appointment of the members of the National Commission on Human Rights
and Fundamental Freedoms certainly represents progress in the construction of an
institutional human rights framework, but it requires consolidation through evaluations and
an adequate budget.
United Nations A/HRC/39/70
General Assembly Distr.: General 13 August 2018
English
Original: French
2 GE.18-13342
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 .................................................................................................... 4
A. Security situation .................................................................................................................. 4
B. Political context and mediation efforts ................................................................................. 5
C. Regional cooperation to promote human rights .................................................................... 6
III. Human rights situation .................................................................................................................. 6
A. Abuses attributed to armed groups ....................................................................................... 7
B. Violations attributed to the national authorities .................................................................... 8
C. Sexual violence, and sexual exploitation and abuse. ............................................................ 9
D. Women’s rights ..................................................................................................................... 10
E. Situation of children ............................................................................................................. 10
F. Economic, social and cultural rights ..................................................................................... 11
IV. Humanitarian situation .................................................................................................................. 11
A. Observations ......................................................................................................................... 11
B. Refugees and displaced persons............................................................................................ 12
V. Transitional justice ........................................................................................................................ 13
A. Overview .............................................................................................................................. 13
B. Challenges of coordinated action .......................................................................................... 15
VI. Conclusions and recommendations ............................................................................................... 15
A. Observations ......................................................................................................................... 15
B. Recommendations ................................................................................................................. 16
GE.18-13342 3
I. Introduction
1. The present report is submitted pursuant to Human Rights Council resolution 36/25
of 29 September 2017, in which the Council renewed the mandate of the Independent
Expert and requested her to submit a written report to it at its thirty-ninth session.
2. It covers the period from July 2017 to June 2018, during which the Independent
Expert made two visits to the Central African Republic, from 6 to 16 February and 12 to 22
June 2018. She went to Bangui, Bangassou, Bossangoa, Bria and Paoua.
3. The Independent Expert met with the President, the Prime Minister and several
ministers, including the Minister for Foreign Affairs, African Integration and Central
Africans Abroad, the Minister of Defence, the Minister of the Interior, Public Security and
Regional Government, the Minister of Justice and Human Rights, and the Minister of
Social Affairs and National Reconciliation. She also met with the Deputy Speaker of the
National Assembly and the chairs of commissions, the Special Prosecutor of the Special
Criminal Court, representatives of the National Commission on Human Rights and
Fundamental Freedoms, and the President and Office of the High Council for
Communication.
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), the United Nations agencies, and with representatives of the diplomatic
corps, including the African Union, the Group of African Ambassadors, ECCAS, the
European Union Military Training Mission in the Central African Republic, the panel of
facilitators of the African Initiative for Peace and Reconciliation, and international
humanitarian organizations. She met representatives of civil society, human rights
organizations, women’s organizations and the religious council. She also met
representatives of the main ex-Séléka and anti-Balaka armed groups.
5. In April 2018, the Independent Expert visited Gabon to discuss the regional
dimension of the human rights situation in the Central African Republic. She held
discussions with an adviser to the Minister for Foreign Affairs, Cooperation, Francophonie
and Regional Integration of Gabon, the Special Representative of the Secretary-General for
Central Africa and Head of the United Nations Regional Office for Central Africa
(UNOCA), the ECCAS Assistant Secretary-General responsible for the Department of
Human Integration, Peace, Security and Stability, and representatives of the diplomatic
corps.
6. In June 2018, she went to New York to consult representatives of the Secretary-
General, the Secretariat and the specialized institutions of the United Nations, and
representatives of the diplomatic corps.
7. A high-level interactive dialogue on the situation of human rights in the Central
African Republic was held during the thirty-seventh session of the Human Rights Council,
in the presence of representatives of the African Union and ECCAS, members of the panel
of facilitators of the African Initiative for Peace and Reconciliation, and a representative of
Central African civil society women’s associations. The Independent Expert presented an
oral update to the Human Rights Council at its thirty-eighth session and met with
representatives of the diplomatic corps and of non-governmental organizations in Geneva.
8. The Independent Expert thanks the Central African authorities for their cooperation
and openness to discussion, the United Nations, MINUSCA, and in particular the staff of
the Human Rights Division for their support for her mandate during her visits, and all the
people and associations who have shared their assessment of the human rights situation
with her.
4 GE.18-13342
II. General situation in the country
A. Security situation
9. The outbreaks of violence and clashes since July 2017 have returned the Central
African Republic to serious crisis with dramatic consequences for the civilian population,
humanitarian workers and United Nations peacekeepers. The proliferation of areas of
tension in the centre of the country, the recent violence in Bangui and the uncertain
situation in localities such as Bangassou and Paoua are evidence of a steady undermining of
the authority of the State by armed groups, particularly the ex-Séléka and anti-Balaka.
10. The most serious abuses include the following events. In late July 2017, anti-Balaka
elements attacked the compound of the cathedral of Bangassou (south), which shelters
displaced persons. In August, clashes between armed groups, including anti-Balaka
elements and elements of the Union pour la paix en Centrafrique (UPC) in Alindao (south-
east), and anti-Balaka elements and elements of the Front Populaire pour la renaissance de
la Centrafrique (FPRC) in Bria (centre), affected the protection of civilians. On 23
September, elements of the armed group Retour, réclamation et réhabilitation (3R) used
violence against civilians in Bocaranga (north-west). In October, conflict in Pombolo and
Kembé (south-east) resulted in the death of several civilians.
11. On 12 December, UPC and FPRC fighters surrounded the hospital of Ippy (centre)
and opened fire on civilian staff and patients, killing 12 men, one woman, three children
and a baby.
12. In late December, violence between the groups Révolution et justice, under the
leadership of Armel Ningatoloum Sayo, and the Mouvement national pour la libération de
la Centrafrique, under the command of Mahamat Bahar, led to the destabilization of several
localities around Paoua (north-west) and the displacement of 60,000 persons.
13. On 21 March 2018, there were clashes between anti-Balakas and UPC elements in
Tagbara (centre). On 3 April, anti-Balakas targeted the MINUSCA base and killed a
peacekeeper, while a UPC attack on the displaced persons compound caused 23 deaths,
including of three children and four women.
14. On 8 April, a joint operation by the internal security forces, the Central African
armed forces and MINUSCA took place in Bangui to arrest members of criminal gangs
from the PK5 neighbourhood. This operation, codenamed “Sukula”, provoked reactions
against the MINUSCA forces, causing 31 deaths and 145 wounded, including many
civilians.
15. On 1 May in the PK5 neighbourhood, 22 were killed and another 185 wounded after
an armed group led by Nimery Matar Jamous, the “Force”, stirred up violence in response
to an attempt by the Central African authorities to arrest one of their members. Houses,
hospitals, churches and mosques were targeted in a cowardly manner in Bangui, including
the church of Fatima and the Lakouanga mosque.
16. On 30 May, UPC elements attacked the gendarmerie of Bambari and looted several
homes, the cathedral and the court. In the space of one month, the premises of nine
humanitarian organizations were looted in Bambari.
17. Despite this situation reflecting the resistance of the armed groups to turning
towards peace, the Independent Expert noted progress in the security sector, in particular
the gradual redeployment of the Central African armed forces alongside United Nations
peacekeepers in Sibut, Paoua, Obo, Bangassou and, probably, Bouar. She also noted the
end of the pilot project on disarmament, demobilization, reintegration and repatriation,
which enrolled 450 persons, but has yet to have any consequences.
18. The Independent Expert also noted the positive outcome of the vetting process,
which enabled the selection, training and deployment of three battalions of the Central
African armed forces and the current training of 500 police officers and gendarmes.
GE.18-13342 5
19. Lastly, the Independent Expert noted the redeployment of 16 prefects and their sub-
prefects, but regrets that their efficiency is still hampered by lack of logistical resources,
and insecurity.
B. Political context and mediation efforts
20. On 17 July 2017 in Libreville, the African Union adopted a roadmap for peace and
reconciliation: the Initiative for Peace and Reconciliation. In September, a panel of
facilitators was appointed to implement it with the aim of ensuring inclusion, reconciliation
and national cohesion. The panel, the main responsibility of which is to promote dialogue
between the Government and the armed groups, held talks between 27 November and 11
December 2017 and in March 2018 in order to establish a climate of trust, to deliver a
message from the President of the African Union to the armed groups and to listen to their
political, economic, social and judicial demands.
21. According to the coordinator of the panel representing the African Union, some
armed groups reacted positively to the approaches, altered their discourse and have begun
to assist the panel with the process. It was then planned that the Government and the armed
groups would begin talks in order to draft a consensus document. The Independent Expert
notes, however, that the violence in Bangui in April and May seems to have slowed down
the process.
22. In the framework of the Initiative, civil society players expressed their concern that
the people of the country had not been consulted adequately, just as they had not been
during the previous two peace initiatives, of the Saint Egidio Community and in Brussels in
June 2017. The Independent Expert again regretted the too weak involvement of the
population — particularly women — in the peace process (see A/HRC/36/64, para. 34).
She called for the inclusion in the consultation process of all players in civil and political
life, especially women and local and religious leaders. She stresses the importance of such
consultations for legitimizing the outcome of political dialogue. She also invited civil
society to maintain its role of impartial and independent observer of the impact of political
decisions on human rights.
23. The Independent Expert has taken note of the local peace initiatives in Bria (centre)
and Bouar (west) in support of the African Initiative for Peace and Reconciliation. She
encourages assistance to these agreements in the form of adequate resources to maintain or
establish an environment conducive to reconciliation and lasting peace.
24. In the course of her missions, the Independent Expert was made aware of the
categorical refusal of the population and the authorities to consider an amnesty for war
crimes and crimes against humanity in the peace negotiations, in order to bring an end to
the culture of impunity and build the Central African Republic on healthy foundations.
25. The Independent Expert examined the implementation of the National Recovery and
Peacebuilding Plan adopted by the National Assembly in October 2016. This plan is based
on three pillars (political, social and economic) and could make it possible speedily to
provide for the needs of the Central African population, especially unemployed youth. The
Expert noted the unanimous wish of Central Africans to prioritize the health, education and
security sectors, and economic opportunities and employment. She was, however,
concerned at the delay in disbursing funds and implementing projects. Noting the link
between the National Plan and a transitional justice roadmap, she encouraged the
strengthening of good governance to ensure speedy execution of the Plan, where that was
possible.
26. In June 2018, the Independent Expert met with the High Council for
Communication during an awareness campaign on messages of hatred, incitement to
violence and stigmatization. She recognized that appropriate communication in the context
of crisis was essential for reconciling communities and transparently presenting the efforts
of the Central African Government and its partners in favour of the population. She
nonetheless recalled the fundamental principle of freedom of expression.
6 GE.18-13342
C. Regional cooperation to promote human rights
27. From 24 to 26 April 2018, the Independent Expert visited Gabon to discuss the
regional dimension of the crisis in the Central African Republic and its impact on human
rights. While appreciating the cooperation between the United Nations and ECCAS on
regional peace and security issues, she emphasized the vital role of ECCAS in the dialogue
for peace, progress on justice and reconciliation and improving the humanitarian situation
in the country. Her visit in June strengthened her opinion and she invited the States of the
subregion to strengthen their support for the Central African Republic.
28. Recommending joint measures on the questions of the transhumance, the
Independent Expert took note of the intentions to establish bipartite and tripartite
commissions, particularly with Cameroon, the Democratic Republic of Congo, Sudan and
Chad.
29. In Libreville, the Independent Expert spoke of the crucial role that ECCAS, with the
support of UNOCA, could play in harmonizing strategies to combat the illicit circulation of
arms and natural resources, armed groups and mercenaries and in promoting the protection
of refugees. She invited these institutions to increase their cooperation with the Economic
Community of West African States (ECOWAS) and the United Nations Office for West
Africa and the Sahel (UNOWAS), and to strengthen the sharing of experiences, especially
regarding the institutional reform of ECCAS. In particular, she appreciated the opening of
the Joint Summit of ECOWAS and ECCAS Heads of State and Government in Lomé on 30
July 2018. Similarly, she continues to encourage South-South bilateral and multilateral
cooperation initiatives to assist the Central African Republic and ECCAS in their respective
reforms. She also repeats that the African Commission on Human and Peoples’ Rights and
its special mechanism can play a role in supporting the Central African Republic. She
herself intends to strengthen her cooperation with the Commission.
30. The Independent Expert was informed of the drafting of a subregional action plan to
implement Security Council resolution 1325 (2000) on women and peace and security. At
the same time, she noted the importance of considering a subregional action plan on child
protection, including with regard to children and armed conflict. In New York, she
discussed the benefits of strategies to combine efforts to protect women and children in the
subregion. She plans to develop strengthened cooperation with the Special Representative
of the Secretary-General on Sexual Violence in Conflict and the Special Representative of
the Secretary-General for Children and Armed Conflict.
31. Regarding security, the Independent Representative welcomed the forthcoming
organization of the Dakar International Forum on Peace and Security in Africa, during
which stability in the Central African Republic and subregional security in Central Africa
could be raised.
III. Human rights situation
32. The period from July 2017 was marked by a steady rise in human rights violations
and abuses connected with the proliferation of clashes and attacks by the various armed
groups, mainly anti-Balaka and ex-Séléka groups. Murder, torture, inhuman and degrading
treatment, sexual violence, abduction, deprivation of liberty and arbitrary arrest, extortion
and looting, recruitment and use of children, occupation of and attacks on schools, health
centres and places of worship, and denial of humanitarian aid continue to be the main
abuses.
33. Between July 2017 and June 2018, MINUSCA recorded 3,422 cases of violations
and abuses, which left 5,457 victims (3,177 men, 662 women, 550 boys, 255 girls and 70
unidentified children, as well as 562 identified adult and 181 other victims.1
1 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 (see A/HRC/36/64, para. 42).
GE.18-13342 7
34. In 2018, the situation continued to deteriorate, particularly in Bangui, following
sporadic attacks and violence against civilians. The Independent Expert also noted an
intensification of clashes between the various armed groups in the south and south-east of
the country and renewed clashes in Bria (east) and in the north-west.
35. Furthermore, the increase in the use of messages of hatred and incitement to
violence strengthened discrimination and social stigmatization. In particular, the violence in
Bangui in April and May 2018 and the attempts by armed groups to manipulate the
population strengthened the risks of religion-based attacks.
36. The Independent Expert has been constantly concerned about mob justice, handed
down mainly by members of armed groups in the form of cruel, inhuman and degrading
treatment inflicted on vulnerable, elderly and defenceless persons on the basis of
accusations of witchcraft. Despite appeals to the Central African authorities, the Expert
continues to observe that the number of cases is increasing and that the perpetrators of such
violence remain untroubled by the judicial authorities.
37. At the institutional level, the Independent Expert welcomes the appointment of the
members of the National Commission on Human Rights and Fundamental Freedoms in
September 2017. Unfortunately, during her visits in 2018, she deplored the fact that the
Commission had no operating budget. She appreciated the efforts made by MINUSCA, the
United Nations Development Programme and the African Union to strengthen the
capacities of the members of the Commission regarding observation and report writing on
human rights, and the donation of some equipment. When she was informed recently of the
preparation of the Commission action programme 2018–2022, she encouraged its members
to finalize this document and disseminate it widely in order to facilitate the mobilization of
the resources necessary for the functioning of the Commission and to guarantee its
independence. She also advised the Commission to intensify its exchange of experiences
with other national commissions in the framework of South-South cooperation.
38. On 29 June in Bangui, the first session of the human rights forum was held in the
presence of 73 participants (53 men and 20 women) from civil society organizations,
international non-governmental organizations and religious organizations, and
representatives of communities and local authorities. Supported by MINUSCA, the forum
aims to establish a framework bringing together all those involved in human rights
questions in Bangui to discuss them periodically.
39. The Independent Expert was also informed of discussions initiated on a national
human rights policy, and encourages greater visibility and the inclusion of all stakeholders
in this process.
A. Abuses attributed to armed groups
40. More than 60 per cent of violations and abuses of human rights and international
humanitarian law are attributed to armed groups. The increase in cases of violence is
mainly the result of more widespread clashes between armed groups and their factions in
the regions of the country that were previously relatively calm, such as Bangassou, Rafai
and Zémio (south-east), Alindao, Kembé and Pombolo (south centre), and to frequent
clashes in Bria (centre) between the anti-Balaka and various ex-Séléka factions. In addition,
tension has increased in the north-west of the country because of the separation of General
Bahar from the Mouvement patriotique pour la Centrafrique in order to form the
Mouvement national pour la liberation de la Centrafrique. Other abuses are also attributed
to the UPC and 3R groups and armed Peul elements. Moreover, the strengthened action of
MINUSCA in Batangafo (north-west) has enabled abuses committed in previously
inaccessible areas to be documented.
41. The Independent Expert is incensed at the ability of armed groups to exercise de
facto judicial functions in the form of illegal and arbitrary detention, which in some cases
resembles abduction. She is particularly concerned about serious violations committed
against children, violence against women and the resurgence of attacks on religious leaders
since the beginning of 2018, especially in Bangui in May and in Bambari in June.
8 GE.18-13342
42. The Independent Expert notes that this situation contradicts the commitments made
by the armed groups to turn to peace and shows the limitations of the military option for
reducing their influence. She also notes the contempt of the armed groups for civilian
protection and respect for international humanitarian law, despite the message that some
abuses may constitute war crimes and crimes against humanity. The Expert appreciates the
appeals of the national authorities and the international community to the armed groups, but
notes that they are not enough to calm tensions and that additional strategies should be
implemented to end the violence.
43. The strengthening of the position of the United Nations force by resolution 2387
(2017), adopted by the Security Council on 15 November 2017, in order to confront the
violence of the armed groups also seems to explain the increase in attacks on the
peacekeeping forces. Since July 2017, ten United Nations peacekeepers have been killed.
The Independent Expert condemns these attacks on the United Nations peacekeeping
forces, which may constitute war crimes.
44. Cases of cruel and inhuman treatment by armed groups on the basis of accusations
of witchcraft have been brought to the attention of the Independent Expert in several
regions. These allegations affect in particular the Mbomou region (south-west), where, on 5
May, in Béma, anti-Balaka elements under the command of Pino-Pino are alleged to have
killed eight women accused of witchcraft, while on 30 May in Bangassou (south-east), anti-
Balaka elements commanded by Line Roger are alleged to have killed a woman for the
same reasons. Other allegations concern Bria (centre east), where FPRC elements
commanded by General Ali Ousta are said to have subjected three men to cruel and
inhuman treatment in May and to have killed a woman on 3 June, all of whom had been
accused of witchcraft. Such abuses are also alleged to have occurred in Batangafo (north-
west) on 3 and 28 May, when anti-Balaka elements threatened a 32-year-old woman and
killed a 60-year-old woman, both accused of witchcraft.
45. The Independent Expert notes that this phenomenon is not new (see A/36/64, paras.
59 to 62), but these reported examples indicate that the increasing number of such cases of
abuse regularly undermines social cohesion and masks conflict-related violence. She again
reminds the Central African authorities of their duty to redouble efforts to put an end to
such mob justice without delay and to identify the criminal liability of the perpetrators of
such acts. She invites MINUSCA to work with the authorities to develop awareness-raising
campaigns and institute a national debate on this issue.
B. Violations attributed to the national authorities
46. The Central African State has made efforts to protect the population and to deploy
the administration and the national security forces in some regions. Nonetheless, the
inadequate number of civil servants in some regions because of insecurity or lack of
adequate resources to perform their duties has led to several human rights violations by the
national authorities. The lack of representatives of the criminal justice system in some
regions continues to affect pretrial detention periods. It also limits access to justice and the
right of persons to be informed promptly and in detail in a language they understand of the
nature and grounds of charges brought against them.
47. In February 2018, the Independent Expert regretted the lack of judges, who had,
however, been redeployed, in the towns of Paoua, Bossangoa and Bria. During her visit to
Paoua, she observed that the premises of the new Paoua Prison were empty for lack of
prison guards. She then visited the premises of the gendarmerie, which, despite a recent
escape, still held 16 prisoners sharing the same space, five of them women, one of whom
was four months pregnant. In June, she went to Bangassou, where the local authorities also
regretted that there had been no judges in the town for almost a year, resulting in impunity.
Aware of the security risks, as in Bambari, where the court was looted in May 2018, the
Expert called upon judges to display courage and join the administrative and prefectural
authorities already present in the regions without further delay.
48. The Independent Expert was informed of the presence of the Central African armed
forces, newly trained by the European Union Military Training Mission in the Central
GE.18-13342 9
African Republic (the training of the 3rd battalion is due to end in August 2018) and by
Russian trainers, in Sibut and Obo since 11 November 2017, in Paoua since January 2018
and in Bangassou since 22 June 2018. Intensified follow-up of operations conducted by
these troops is needed regarding the necessary respect for human rights and application of
the human rights and due diligence policy. The lack of logistical resources necessary for
deployment of the armed forces and installation of a garrison army was mentioned to her.
She appreciates the efforts initiated by the international community to remedy these needs
and encourages the regular organization of human rights training to prevent risks of
violation.
49. The Central African internal security forces are essentially present in Bangui. The
Independent Expert recalled the importance of evaluating and reducing the risks of
impaired civilian protection during security operations in the capital, and the challenge of
maintaining freedom of movement between the PK5 neighbourhood and the rest of the city.
C. Sexual violence, and sexual exploitation and abuse
50. Conflict-related sexual violence increased steadily in 2017 according to the United
Nations, which documented 308 cases committed against 155 women, 138 girls, 13 men
and two boys (see S/2018/250).2 This violence continues to be committed by ex-Séléka and
anti-Balaka armed groups, the Lord’s Resistance Army and the 3R group, which are present
in all regions. It involves rape, group rape, abduction and forced marriage. The Independent
Expert is concerned about allegations of the rape of girls recruited by armed groups (48
girls out of the 138 cases reported in 2017) (ibid.).
51. The joint rapid response unit to combat sexual violence against women and children
has handled more than 300 complaints since 2017, but few have resulted in prosecution.
The Independent Expert encourages intensified cooperation between the unit and the
Special Criminal Court to handle these case, finalization of appointments to the unit and
allocation of an adequate budget. In New York, the Expert met the Special Representative
of the Secretary-General on Sexual Violence in Conflict and plans to strengthen their
cooperation by arguing jointly for the protection and empowerment of victims of sexual
violence. She also invites the Government to do the same and to continue to cooperate with
the Team of Experts on the Rule of Law and Sexual Violence in Conflict.
52. At the institutional level, the Independent Expert was informed of the signing of a
decree on 7 June 2018 replacing the National Committee to Curb Traditional Practices
Harmful to the Health of Women and Girls by the National Technical Committee to
Combat Gender-Based Violence, Harmful Traditional Practices and Child Marriage in the
Central African Republic in order to extend its powers.
53. Regarding allegations of exploitation and sexual violence by the international forces,
the Independent Expert found it unacceptable that such cases persisted. She nonetheless
took note of the efforts of MINUSCA to raise the awareness of the United Nations
international forces and to prevent and deal with cases. When informed of cases reported in
2018 and of the follow-up by MINUSCA with the States of the nationals concerned by this
sort of allegation, she stressed the importance of providing legal assistance to victims and
strengthening medical and psychotherapeutic assistance. The Expert recalled that all action
must be based on human rights and above all be victim-centred, complying with the do no
harm, confidentiality and informed consent principles in the best interests of the victim.
Such an approach would enable the United Nations, not only to engage in dialogue with
States on their human rights obligations, but also to devise comprehensive strategies
covering both cases of exploitation and sexual violence and the human rights violations that
cause or result from them.
2 In 2016, MINUSCA documented 179 cases of conflict-related violence against 92 women, 86 girls
and one boy.
10 GE.18-13342
D. Women’s rights
54. In March 2018, the Independent Expert discussed with women’s associations in
Bangui protection and activities to promote peace and security. She also met displaced
women in Paoua, Bria and Bangassou, where extremely limited resources for multiple
assistance needs reveal unprecedented poverty levels. It is essential to take into account
rural women and girls, especially those who are displaced, at every level of humanitarian
assistance and economic development projects, and in local and national peace processes
and transitional justice activities.
55. The Independent Expert particularly wishes to underscore the example of
Bangassou, where women and girls presented to her a project on peace consolidation
through income-generating activities, which is seeking financing. She fully supports this
type of project, which can be seen as a modest means of giving collective compensation to
victims of violence in Bangassou, reconciling divided communities and responding to
training and empowerment needs. She encourages the State and international partners to
support this project in the framework of a local transitional justice strategy applicable to the
context of Bangassou.
56. In Bangui, the Independent Expert encouraged women leaders to go to the regions to
gather women’s needs and opinions so that they are heard in all decision-making
authorities. She was informed of the establishment of a national observatory of equality
between women and men as an independent body responsible for monitoring and
evaluating implementation of the law on equality. She regrets that the implementing decree
has yet to be adopted, thus preventing its operation.
57. During the High-level Interactive Dialogue on the Central African Republic held in
Geneva on 21 March 2018, the Independent Expert encouraged the application of Security
Council resolution 1325 (2000) on women and peace and security at the national and
regional levels, and continued documentation of violence and of the impact of the conflicts
on women and girls. She also advocated enhanced protection of women and girls and their
full participation in peace negotiations.
E. Situation of children
58. The Independent Expert deplores the fact that the situation of Central African
children remains critical. She endorses the final observations of the Committee on the
Rights of the Child on the second periodic report of the Central African Republic, dated 8
March 2017 (CRC/C/CAF/CO/2).
59. Notwithstanding the large number of children demobilized by armed groups, the
Independent Expert notes that the resurgence of the conflict has resulted in renewed
recruitment of children, flouting the agreements signed during the Bangui Forum on
National Reconciliation and other legal instruments on child protection. In 2017, the
Central African Republic saw a significant increase in the number of children recruited by
armed groups, with some 299 children (196 boys and 103 girls), in addition to 104 cases of
murder and mutilation, 138 cases of sexual violence, 43 abductions of children, 28 attacks
on schools and 19 on hospitals, and 101 cases of denial of humanitarian access to children
(see A/72/865-S/2018/465). The Independent Expert took note of the action plan signed on
30 May 2018 by the armed group MPC to put an end to six serious violations against
children and she encourages its speedy implementation. She was also informed that the
social integration and psychological assistance projects are still insufficient and that the
pilot project on disarmament, reintegration and repatriation of minors has been ineffective.
60. In collaboration with the Special Representative of the Secretary-General for
Children and Armed Conflict, the Independent Expert plans to strengthen advocacy for the
protection of Central African children, in particular to raise awareness of the six serious
violations that may affect children during armed conflict.
61. Regarding the geographic situation of the Central African Republic, the Independent
Expert recommends that the question of child protection be raised at the regional level with
GE.18-13342 11
a view to developing an action plan for child protection in Central Africa. In this regard, the
Independent Expert notes the role that could be played by ECCAS in drawing up such a
strategic plan and by the States active in child protection in providing the necessary
political, technical and financial support to Central African reintegration programmes for
demobilized children.
F. Economic, social and cultural rights
62. The Independent Expert has taken note of the examination in March 2018 of the
initial report of the Central African Republic on application of the International Covenant
on Economic, Social and Cultural Rights by the Committee on Economic, Social and
Cultural Rights (see E/C.12/CAF/CO/1). In Bangui in June, she invited the authorities she
met with to strive as far as possible to fulfil their obligations under the Covenant and to
follow the Committee’s recommendation. She also underscored the link between those
recommendations and the Millennium Development Goals.
63. The Independent Expert supports the considerations of the Committee on the
promotion of economic, social and cultural rights aimed at remedying certain causes of
conflict (ibid., para 10), including inequalities of treatment and the seizure of resources by a
few individuals. She also shares the Committee’s views on the place of economic, social
and cultural rights in transitional justice, including the compensation of victims and
guarantees of non-recurrence.
64. The Independent Expert has taken note of the National Recovery and Peacebuilding
Plan (2017–2021), the aim of which is to support the reforms essential to the security of
Central Africans, national reconciliation, redeployment of the State and recovery of the
productive sectors. She is, however, concerned at the delays in implementation. In
particular, she invited her interlocutors to develop a programmatic approach to transitional
justice, linking the second and third pillars of the Plan (social contract and economic
recovery) and peacebuilding and security measures in order to facilitate reconciliation.
65. During her visits to the regions, the Independent Expert regretted that basic social
services, such as education, health, water supply and sanitation, were still inadequate or
provided by humanitarian organizations. She emphasized especially respect for the
economic, social and cultural rights of displaced persons and refugees in order to foster
their reintegration in their communities of origin.
66. The Independent Expert is also struck by the correlation between exploitation of
natural resources and the violence of conflicts, and appreciates the recommendation made
by the Committee to the State to guarantee transparency and traceability in the management
of revenues arising from the exploitation of natural resources and from external aid
(E/C.12/CAF/CO/1, para. 15 b). She recommends that detailed studies on the management
of resources be conducted for this purpose and greater private sector involvement in the
protection and promotion of economic, social and cultural rights.
IV. Humanitarian situation
A. Observations
67. The humanitarian situation has not improved and remains very worrying. In June
2018, the Office for the Coordination of Humanitarian Affairs reported that there were
653,890 displaced persons and 584,000 Central African refugees. The number of persons
needing humanitarian assistance had risen from 2.2 million to 2.5 million, i.e. more than
half the population of the country.3
3 Office for the Coordination of Humanitarian Affairs, “Central African Republic”, Humanitarian
Bulletin, No. 36 (June 2018).
12 GE.18-13342
68. The cost of the Humanitarian Response Plan is estimated at $515.6 million.4 The
Independent Expert very much regrets that in June 2018 only 23 per cent of the funds had
been raised. She fully supported the humanitarian appeal aimed at guaranteeing reliable and
foreseeable financing to aid the 1.9 million Central Africans targeted by the Plan.
Regarding identified needs, she emphasized that persons with disabilities faced still greater
challenges in accessing food, health services and medical assistance. She also notes the
importance of strengthening measures on access to psychotherapeutic assistance for victims
of the crisis.
69. The Independent Expert deplores the unacceptable looting and attacks on
humanitarian workers and their equipment. Between January and June 2018, 150 acts of
violence were committed on humanitarian workers or property and four humanitarian staff
members lost their lives in the course of their work.3 In particular, she regretted the attack
in the vicinity of Markounda (north-west) on 25 February 2018, when five representatives
of the education ministry and a UNICEF consultant were killed. Regarding access to
foodstuffs, she was informed that the World Food Programme warehouses in Bangassou
(south-east) had been looted several times by anti-Balaka elements.
70. With regard to health services, the Independent Expert, strongly condemned the
attack on Zémio hospital on 11 July 2017 by an anti-Balaka element, who killed a one-year-
old Muslim child. The same hospital was attacked again on 17 August by armed Peul
elements, who killed at least 11 civilians. In late August, anti-Balaka elements prevented
Muslims from entering the hospital. She also deplores the attack on the hospital of Ippy
(centre) in December 2017, which resulted in the death of 17 civilians, and the attack on the
community hospital in Bangui in May 2018 by individuals seeking to attack Muslim
victims who were receiving treatment, which led to the lynching of a member of the
healthcare staff. On 7 June, armed elements entered the hospital of Bambari and threatened
medical staff and patients, causing some 30 patients to flee in a situation of vulnerability.
71. The Independent Expert points out that these unacceptable acts are evidence of a
great lack of humanity on the part of their perpetrators and that they will be held
responsible for them. She also notes that this situation only worsens the already disastrous
state of health institutions, 70 per cent of which are damaged or non-operational, and the
insufficiency of Central African medical staff. The Expert recalls that the attacks on
hospitals could constitute war crimes or crimes against humanity and should be the subject
of judicial enquiries.
B. Refugees and displaced persons
72. The conditions of return of refugees and displaced persons remain difficult in 2018
because of the presence of armed groups in almost 80 per cent of Central African territory.
The anti-Balaka and ex-Séléka groups are still the main perpetrators of abuses against
displaced and repatriated persons. According to the Office of the United Nations High
Commissioner for Refugees, since 2016, more than 200,000 displaced persons and 93,000
refugees have been repatriated to their areas of origin, including the western prefectures and
Bangui.
73. The Independent Expert deplores the negative impact of attacks on displaced
persons camps. On 3 April 2018, the UPC attacked Tagbara camp and killed 23 persons,
including three children and four women. In May 2018, almost 10,000 displaced persons in
the Ippy camp (centre) had been deprived of freedom of movement since December 2017
as a result of the presence of armed groups around the camp, preventing them from going
about their subsistence agriculture activities and creating a serious risk of food insecurity. A
similar situation was observed in Paoua in February 2018, but seems to have been resolved
by the arrival of Central African armed forces in the town.
74. In Libreville, the Independent Expert received worrying information about the
situation of Central African refugees in neighbouring countries. She was alerted to the
4 In 2017, the cost of the Humanitarian Response Plan was estimated at $399 million.
GE.18-13342 13
critical condition of refugee women in the subregion and the low level of assistance
provided to them.
75. The Independent Expert recalls the importance of involving all refugees in the peace
and security process in the Central African Republic. She underscores the importance of a
national policy on returns based on the needs of displaced persons and refugees being taken
into account in a transitional justice roadmap as a guarantee of non-recurrence.
V. Transitional justice
76. Transitional justice includes a range of processes and mechanisms implemented by
society to try to confront the plethora of acts of violence committed in the past in order to
establish responsibilities, hand down justice and enable reconciliation. During her visits, the
Independent Expert learned of the Government’s intention to develop a transitional justice
strategy that would use judicial mechanisms, such as the Special Criminal Court, and non-
judicial mechanisms, such as the Truth, Justice, Compensation and Reconciliation
Commission, and guarantees of non-recurrence, including institutional reforms and
compensation measures. The Expert has invited international partners to support this.
77. The purpose of the Independent Expert’s missions was to explain the
complementarity of each pillar of transitional justice and the need to coordinate their
implementation in order to reassure donors, gain their backing for a clearer roadmap and
enable simultaneous funding of complementary actions.
A. Overview
78. The conflicts in the Central African Republic were to a great extent stimulated by
impunity, poor governance, poverty, regional disparities and inequalities of treatment. The
conclusions of the Bangui Forum on National Reconciliation and the National Recovery
and Peacebuilding Plan now represent the two key constituents of a transitional justice and
reconciliation strategy. They are generally uncontested and are defended by all
stakeholders, which suggests that their implementation should reduce the social divide and
address the expectations of the population. The Independent Expert encouraged the
Government to take stock and to report on activities that had taken place or to speed up
their implementation.
79. Only by putting in place all the pillars of transitional justice 5 in a coordinated
fashion can the causes of conflicts be tackled and peace guaranteed. The Mapping Project
Report 6 published in May 2017 proposed a phased introduction, first implementing
transitional justice components such as prosecutions and vetting programmes. Analysing
the actions planned in the Central African Republic for each pillar, the Independent Expert
noted that progress had indeed been made in the judicial field and with security-related
institutional reforms. She now recommends that these efforts be consolidated and
supplemented by actions under the right to truth and right to compensation pillars.
80. With regard to combatting impunity, the Independent Expert noted the assize court
decisions of January 2018, which were appreciated by most Central Africans, and the
holding of the criminal session of July 2018. She is, however, concerned about the breaches
observed in the protection of victims and witnesses taking part in judicial proceedings. She
welcomed the imminent opening of the Special Criminal Court investigations following the
adoption of the procedural and evidentiary regulations, and encouraged donors to provide
5 The four pillars of transitional justice are the right to truth, combatting impunity, the right to justice
and guarantees of non-recurrence, including institutional reforms and the right to compensation.
6 United Nations, Report of the Mapping Project documenting serious violations of international
human rights law and international humanitarian law committed within the territory of the Central
African Republic between January 2003 and December 2015. Available from
https://www.ohchr.org/Documents/Countries/CF/Mapping2003-
2015/2017CAR_Mapping_Report_EN.pdf.
14 GE.18-13342
steady funding to enable its staff to concentrate on judicial work. The Expert has taken note
of the launch of assistance programmes by the Trust Fund for Victims of the International
Criminal Court in the framework of the trial of Jean-Pierre Bemba Gombo, and appeals to
donors. She also recalled the importance of respecting the independence of the judiciary,
legal aid and compensation measures independent of the outcome of judicial decisions.
81. Regarding guarantees of non-recurrence, the main advances concern reform of the
security sector. The Independent Expert appreciated the results of the vetting of the national
forces, the training and deployment of three battalions of the Central African armed forces
and the current training of 500 police officers and gendarmes. The disarmament,
demobilization, reintegration and repatriation project has yet to begin. The Expert
welcomed the institutional strengthening favourable to human rights engendered by
intensified collaboration with treaty bodies and the establishment of the National
Commission on Human Rights. She regrets, however, that the Commission and its
members do not have the status or resources appropriate to guarantee their efficiency and
independence. Although she has noted progress in the restoration of the authority of the
State, the redeployment of the administration of justice and prisons, and the building and
rehabilitation of prisons, she regrets that, in the towns in which the prefectural authorities
are present, some judges and prison officers have still not returned to their posts. The
Expert encouraged the national authorities speedily to initiate reform of the justice system,
a human rights strategy and a national policy on the return of displaced persons and
refugees. She also noted the establishment of the High Council for Communication and the
High Authority in charge of good governance.
82. In 2015, the Bangui Forum on National Reconciliation initially approved the Truth,
Justice, Compensation and Reconciliation Commission but did not detail its
responsibilities. In 2017, the Government adopted a decree establishing a steering
committee to examine the terms of reference of this Commission. After a delay in the start
of the activities of the committee, a decree signed on 25 July 2018 extended its mandate by
three months so that it could carry out the work planned under the decree establishing it, in
particular the organization of wide-ranging consultations on the real expectations of the
population with regard to the Commission. The Independent Expert expressly emphasizes
that the consultations should include victims, civil society organizations and refugees, and
plan for an adequate timeline to introduce significant elements into the basic terms of
reference of the Commission, such as receiving information in return on some of the
planned responsibilities as they are defined. She also points out that the stakeholders of the
African Initiative for Peace and Reconciliation and local peace agreements will have to take
into account choices made by the people as to the responsibilities of the Commission. The
Expert was also informed of the operation of 16 local peace and reconciliation committees
as local centres of initiative on peace, focusing on the issues of free circulation of people
and goods, the peaceful coexistence of communities, the return of displaced persons and
refugees and the acceptance of new prefectural authorities. She has, however, been
informed of the technical and operational difficulties that these committees experience for
lack of adequate resources.
83. The fourth pillar of a transitional justice strategy is compensation programmes that
seek to provide victims of violations and their families with individual and collective
material and symbolic compensation.7 The Mapping Report sets out the number of victims
of the conflict in the Central African Republic since 2003 and several means of
compensation. In 2018, the Independent Expert notes that this subject has received little
consideration. She recalled during her visits that compensation such as building roads,
schools and training, and health and psychotherapeutic assistance centres, should help to
dissipate resentment and frustrations and reduce disparities, at the same time as beginning
to address the economic and social causes of the Central African conflict. She also invited
her interlocutors to link the needs expressed with implementation of the National Recovery
and Peacebuilding Plan. Lastly, she underscored the need to listen more attentively to the
specific demands of women and young people and to ensure their participation in
reconstruction and development programmes and decision-making.
7 Ibid., part two, chapter V.
GE.18-13342 15
B. Challenges of coordinated action
84. The lasting restoration of peace will depend on the implementation of all the pillars
of transitional justice, and on their complementarity and synchronization. The lack of
simultaneous planning on these pillars has brought out certain weaknesses that were
particularly visible in Bambari after the renewed violence. Coherent and coordinated action
regarding criminal measures, investigation of the truth through dialogue, collective
compensation and guarantees of non-recurrence through institutional reforms, the return of
local government and the implementation of disarmament, demobilization, reintegration
and repatriation programmes might have ended the crisis in Bambari once and for all.
85. The current coordination of institutional justice activities within United Nations
bodies, the international community and the Government has weaknesses. In June, the
Independent Expert acknowledged that MINUSCA could play a greater role in technical
advice to the highest Central African authorities and the planning of the activities of
partners around a programmatic approach to transitional justice. She stresses in particular
the need to strengthen the technical capacities of MINUSCA to enable it to provide
adequate support. Analysis of the action to follow up the Bangui Forum on National
Reconciliation and the National Recovery and Peacebuilding Plan should facilitate the
drawing up of a roadmap and identify pilot areas.
86. The majority of Central African territory is still controlled by armed groups. The
military option for reducing their influence that has been favoured so far should
immediately be supplemented by strengthened civilian actions to respond to the
expectations of the population. The initiation of reconstruction, speedy economic recovery
and reconciliation programmes must not be postponed until calm has finally been restored.
87. All the actions in favour of a programmatic approach to transitional justice should
focus on the interests of victims. The Independent Expert also recalls that adequate
implementation of measures to protect victims and witnesses will ensure their participation
in judicial proceedings, the operation of the Truth, Justice, Compensation and
Reconciliation Commission and compensation programmes, and will foster reconciliation.
88. To the mechanisms to compensate for the wounds of the past can be added a
preventive aspect of transitional justice to avoid a resurgence of violence. In 2015, the
Central African Republic established a National Committee on the Prevention and
Punishment of Genocide, War Crimes, Crimes Against Humanity and all forms of
Discrimination, the action plan 2017–2022 of which has been approved and could form part
of the preventive framework of transitional justice.
VI. Conclusions and recommendations
A. Observations
89. The Central African Republic is encountering multiple challenges on its road to
peace. In one year, the situation on the ground has deteriorated, with a proliferation
of armed groups and an upsurge in violence, which again reached Bangui. This
context brings out more than ever the urgent need for the authorities simultaneously
to strengthen the civilian protection, humanitarian aid, peace initiatives and
development. The Central African authorities have certainly made progress in
recovering territory, but the current situation shows there to be a link between the
resistance of armed groups to the return of State authority and their presence in areas
rich in natural resources, which they exploit unlawfully. The State should, without
delay and with the assistance of MINUSCA and international partners, re-establish
and definitively set up the government and rule of law so long awaited by the
population. The contempt for international humanitarian law by armed groups
cannot remain without consequence for the criminal liability of the perpetrators of
violence and their participation in the African Initiative for Peace and Reconciliation.
The armed groups at the negotiating table must prove their sincerity and stop killing,
looting and terrorizing the population. It is also essential to turn young people away
16 GE.18-13342
from reasons to follow these armed groups. The population is tired of this violence,
and the reasons the armed groups continue to recruit reside in poverty, inactivity,
frustration and fear.
90. The current insecurity shows the limitations of the military option. It is time to
supplement it with a programmatic transitional justice approach based on the
fundamental rights of victims of human rights violations. That implies improved
coordination of national consideration of the situation and implementation of local
transitional justice strategies, where that is possible. The coordination of international
players in the framework of transitional justice should be strengthened and could take
the form of a technical team within MINUSCA, supported by the mandate of the
Independent Expert.
91. The political dialogue initiated has so far given little space to the civilian
population. Since the Bangui Forum on National Reconciliation, the Central African
population has been demanding more active participation in decisions taken to
promote security, peace and development. While the facilitators of political dialogue
have expressed their willingness to consider this request, they have specified no
timescale or format. Women and young people, who make up more than half of the
Central African population, no longer wish to be excluded from the reforms in
progress. Greater openness to national players other than the armed groups could be
beneficial to the acceptance and implementation of the results of political dialogue and
probably strengthen social cohesion. In addition, the State and its partners would gain
from disseminating more widely the tangible results connected with the peace,
security, development and protection negotiations in order to reassure communities
about their future.
92. In view of the regional impact of the conflict and its consequences, it is difficult
to envisage an improvement in the human rights situation without strengthened
subregional commitment, which is essential to the progress of the reforms under way,
and the adoption of the thematic strategies planned at subregional level. Such
strengthened commitment should enable the subregional organizations, supported by
the United Nations and the African Union, to be the driving-forces of such change.
B. Recommendations
93. The Independent Expert reiterates the recommendations contained in her
previous report (see A/HRC/36/64, para. 106), which remain pending.
94. She calls on the Government, with the support of the international community,
to take the following measures:
(a) To continue efforts to ensure the protection of civilians and restore the
authority of the State, emphasizing the fight against corruption;
(b) To implement a transitional justice strategy, beginning with a detailed
inventory of implementation of the recommendations of the Bangui Forum on
National Reconciliation and the activities set out in the National Recovery and
Peacebuilding Plan, and to define the role of all the stakeholders, including the private
sector, in the implementation of this strategy;
(c) To identify pilot areas, such as Bambari, Bouar and Bangassou, to
develop local transitional justice strategies, working simultaneously on
implementation of the four pillars of justice, truth, guarantees of non-recurrence and
compensation;
(d) To ensure the performance of the work of the steering committee
responsible for examining the terms of reference of the Truth, Justice, Compensation
and Reconciliation Commission, and to organize wide-ranging consultations on the
real expectations of the population, including refugees, regarding the responsibilities
of the Commission, within the timescale set;
GE.18-13342 17
(e) To speed up the institutional reforms necessary for reconstructing the
rule of law, to examine individual and collective compensation programmes and to
invite the private sector to increase its commitment to instituting social and economic
compensation measures;
(f) To intensify support for local peace negotiations and facilitate the
participation and inclusion of men, women, young people, civil society players and
traditional and religious leaders in peace negotiations, including at the national level;
(g) To strengthen subregional cooperation on security, development,
humanitarian assistance and refugee protection issues, to make operational bipartite
and tripartite commissions on cross-border issues, such as the transhumance, and to
strengthen bilateral South-South cooperation;
(h) To commit actively to implementation of the recommendations arising
from the Universal Periodic Review and the Treaty Bodies, including the Committee
on the Rights of the Child and the Committee on Economic, Social and Cultural
Rights;
(i) To support the immediate operation of the National Commission on
Human Rights and Fundamental Freedoms and facilitate international cooperation
with similar commissions;
(j) To support the national observatory of equality between women and
men, to strengthen the resources placed at the disposal of the joint rapid response unit
to combat sexual violence against women and children, to support, evaluate and make
known the activities of local peace and reconciliation committees and of the National
Committee on the Prevention and Punishment of Genocide, War Crimes, Crimes
Against Humanity and all forms of Discrimination;
(k) To intensify and make better known its efforts to foster the participation
of women in all negotiation initiatives on peace and security in compliance with
Security Council resolution 1325 (2000);
(l) To guarantee the right of victims to an effective remedy, ensure the
effective redeployment of judges in the regions, cooperate fully with the Special
Criminal Court, adopt a law on legal aid and apply its protection measures for victims
and witnesses participating in judicial proceedings;
(m) To provide the equipment and logistics necessary for the effective
deployment of civil servants, judges, prison staff and defence and security forces;
(n) To conduct a study on the impact of the conflict on economic and social
rights in the Central African Republic, emphasizing the link between violence and
exploitation of natural resources;
(o) To protect humanitarian workers and their equipment and assist the
mobilization of resources for the Humanitarian Response Plan;
(p) To continue to combat attempts to manipulate public opinion and to put
an end to statements inciting hatred and violence, while preserving freedom of
expression.
95. The Independent Expert recommends that the armed groups take the following
measures:
(a) Cease immediately all hostilities and attacks on civilians, especially
women and children, the peacekeeping forces, and the staff and property of
humanitarian organizations;
(b) Sincerely respect their commitments made in the framework of the
African Initiative for Peace and Reconciliation, liberate the areas under their control
and allow the speedy movement of humanitarian assistance;
(c) End without delay the unlawful exploitation of natural resources in
order to enable the re-establishment of governmental authority and economic
development.
18 GE.18-13342
96. The Independent Expert recommends that MINUSCA take the following
measures:
(a) Form a team to strengthen technical and financial support and the
coordination of national efforts to promote the development, adoption and
implementation of a transitional justice strategy;
(b) Encourage greater consideration of civil society in political dialogue and
continue to support local peace agreements, and ensure that these initiatives respect
human rights in accordance with the decisions of the Bangui Forum on National
Reconciliation;
(c) Strengthen the action of the civilian components of MINUSCA regarding
prevention of violence and protection of civilians, and strengthen documentation of
human rights violations and abuses;
(d) Strengthen technical and financial assistance in the field of human rights
for civil society, especially human rights, women’s and youth organizations;
(e) To assist the National Commission on Human Rights and Fundamental
Freedoms and the national observatory of equality between women and men in their
empowerment work.
97. Addressing the international community, the Independent Expert:
(a) Welcomes the efforts already made to protect civilians and encourages it
to remain united in its support of the African Initiative for Peace and Reconciliation,
congratulates the facilitators of the Initiative and encourages them to remain firm in
respecting the achievements of the Bangui Forum on National Reconciliation, in
particular regarding armed groups that do not respect their commitments;
(b) Invites it to support the implementation of a transitional justice strategy,
the strengthening of subregional cooperation and the political decisions made at
regional level on peace and security;
(c) Calls upon it to act on its promises of financing for the priority
programmes of the National Recovery and Peacebuilding Plan and encourages the
international private sector with interests in the Central African Republic to take a
more active role in carrying out social and economic recovery measures;
(d) Encourages it to continue to finance the Special Criminal Court over the
long term, at the same time guaranteeing the necessary support to the 28 ordinary
courts, and urges it to contribute to the Trust Fund for Victims of the International
Criminal Court in the framework of the trial of Jean-Pierre Bemba Gombo;
(e) Urges it to remain mobilized to tackle the humanitarian crisis and
finance the Humanitarian Response Plan 2017–2019;
(f) Recommends that it continues to conduct investigations into cases of
sexual exploitation and attacks by the international United Nations and non-United
Nations forces, to provide judicial assistance measures for victims and to refer
perpetrators to the courts within a reasonable time;
(g) Encourages it to consider a subregional action plan for the protection of
children in Central Africa and a subregional action plan for implementation of
resolution 1325 (2000) on women and peace and security;
(h) While welcoming the organization of the Joint Summit of ECOWAS and
ECCAS Heads of State and Government, calls upon it to intensify its support for
ECCAS, to develop its role in settling the Central African conflict, to strengthen
South-South cooperation in order to support security and development and to activate
bipartite and tripartite commissions on cross-border themes such as the
transhumance, trade and regional investment;
(i) Recommends that it remains seized of the issue of the human rights
situation in the Central African Republic.