RES/36/25 Technical assistance and capacity-building in the field of human rights in the Central African Republic

GE.17-17533 (E) 061017 121017

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Human Rights Council Thirty-sixth session

11-29 September 2017

Agenda item 10

Resolution adopted by the Human Rights Council on 29 September 2017

36/25. Technical assistance and capacity-building in the field of

human rights in the Central African Republic

The Human Rights Council,

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

Reaffirming the Universal Declaration of Human Rights,

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

international and African instruments on human rights,

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

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

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

October 2015 and 33/27 of 30 September 2016,

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

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

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

26 April 2016, 2301 (2016) of 26 July 2016 and 2339 (2017) of 27 January 2017,

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

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

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

African instruments on human rights to which they are parties,

Recalling that the Central African Republic authorities have the primary

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

cleansing and crimes against humanity,

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

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

National Reconciliation and Reconstruction and the signing of an agreement on

disarmament, demobilization and reintegration by the representatives of the main actors in

the conflict in the Central African Republic, and emphasizing the need for effective

implementation of the recommendations and measures contained therein,

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

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

and March 2016 and the investiture of President Faustin-Archange Touadéra on 30 March

2016,

United Nations A/HRC/RES/36/25

General Assembly Distr.: General 5 October 2017

English

Original: French

2 GE.17-17533

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

integrity of the Central African Republic,

Gravely concerned by the worsening security situation in the Central African

Republic, owing to the advance of armed groups across most of the territory, and

condemning in particular the recent acts of violence and crime as well as incidents that have

occurred in parts of the country away from the capital, which have caused heavy civilian

losses since the beginning of 2017 and have triggered massive population displacements,

Gravely concerned also by the deteriorating humanitarian situation, in particular as a

result of the rise in the number of displaced persons and refugees fleeing from violence and

the fact that half of the country’s population, or some 2.4 million people, are in need of

humanitarian aid in order to survive, and concerned by the flow of refugees and its

repercussions on the situation in neighbouring countries and other countries in the region,

Noting the presentation on 5 December 2016 of a humanitarian response plan for the

period 2017-2019, and concerned by the growing humanitarian needs in the Central African

Republic,

Noting also the mobilization of the international community to provide humanitarian

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

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

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

Central African Republic, such as the African Union Solidarity Conference for the Central

African Republic, held in Addis Ababa in February 2017,

Welcoming the outcome of the international support conference held in Brussels in

November 2016 and the pledges announced during that conference, and encouraging

Member States to swiftly disburse those pledges,

Recalling the need for the Government of the Central African Republic, the

international community and humanitarian actors to support the voluntary return of

displaced persons and refugees and to ensure that this return is sustainable,

Gravely concerned by the serious violations and abuses of human rights and of

international humanitarian law, including those involving summary executions,

extrajudicial killings, arbitrary detention and arrests, enforced disappearance, the

recruitment and use of children, rape and other forms of sexual violence, torture, looting,

the unlawful destruction of property and other serious violations and abuses of international

human rights law and international humanitarian law,

Emphasizing that those engaging in or providing support for acts that undermine the

peace, stability or security of the Central African Republic, threaten or impede the political

stabilization and reconciliation process, target civilians and attack peacekeepers will be

held responsible for their acts,

Emphasizing also the urgent need to establish genuine disarmament, demobilization,

reintegration and repatriation programmes as part of a comprehensive strategy for security

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

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

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

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

European Union Military Advisory Mission in the Central African Republic, the non-

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

conducted by the European Union and the United Nations Multidimensional Integrated

Stabilization Mission in the Central African Republic,

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

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

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

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

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

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

and that those responsible for such acts must be brought to justice, and welcoming the

GE.17-17533 3

commitment by the Secretary-General to strictly enforce the zero-tolerance policy of the

United Nations on sexual exploitation and abuse,

Stressing the urgent and imperative need to end impunity in the Central African

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

violations of international humanitarian law and to reject any general amnesty for the

perpetrators of such violations and abuses, and the need to bolster national mechanisms to

ensure accountability of perpetrators,

Emphasizing the primary responsibility of national authorities to create the

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

efficiently and independently,

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

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

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

Republic is a party, and noting the decisions of the Prosecutor of the Court, made on 7

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

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

made by the transitional authorities,

Welcoming also the steps taken by the Government to bring the Special Criminal

Court effectively into operation, including the appointment of the Special Prosecutor, the

appointment of international and national judges and the launching of the selection process

for the criminal investigation officers,

Recalling that the international commission of inquiry to investigate allegations of

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

rights abuses in the Central African Republic concluded that the main parties to the conflict

had committed, since January 2013, violations and abuses that may constitute war crimes

and crimes against humanity,1

Welcoming the report of the mapping project, which was prepared by the United

Nations Multidimensional Integrated Stabilization Mission in the Central African Republic

and the United Nations High Commissioner for Human Rights and which documented

serious violations of international human rights law and international humanitarian law

committed in the territory of the Central African Republic between January 2003 and

December 2015, stressing the value of that report for future investigations and the

prosecution of cases before the Special Criminal Court and for the establishment of

transitional justice arrangements, and deeply concerned by the findings of that report,

including serious violations of human rights and of international humanitarian law, some of

which may constitute crimes under international law,

1. Strongly condemns the violations of human rights and of international

humanitarian law and the human rights abuses associated with the resurgence of attacks by

the various armed groups, including those involving killings, acts of torture and inhuman

and degrading treatment, sexual violence, abductions, deprivation of liberty and arbitrary

arrest, extortion and looting, the recruitment and use of children, the occupation of schools

and health centres and attacks on them and denial of humanitarian assistance, and stresses

that those responsible for such violations and abuses must be held accountable for their

actions and brought to justice;

2. Also strongly condemns the targeted attacks launched by armed groups

against civilians, against humanitarian workers and supplies and against United Nations

staff;

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

rights and violations of international humanitarian law committed by all parties, for strict

adherence to all human rights and all fundamental freedoms and for the re-establishment of

the rule of law in the country;

1 See S/2014/928.

4 GE.17-17533

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

situation of human rights in the Central African Republic2 and of the recommendations

contained therein;

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

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

6. Encourages the United Nations Multidimensional Integrated Stabilization

Mission in the Central African Republic to resolutely implement a proactive and assertive

approach in the protection of civilians, as enshrined in its mandate, and also encourages it

to lend the necessary assistance to the Central African authorities so that the Special

Criminal Court may begin its work without delay;

7. Encourages the United Nations and the countries contributing troops to the

United Nations Multidimensional Integrated Stabilization Mission in the Central African

Republic and international forces acting under the mandate of the Security Council to take

appropriate measures in order to ensure full respect of the zero-tolerance policy of the

United Nations on sexual exploitation and abuse, and calls upon troop-contributing

countries and international forces under the mandate of the Security Council to take

appropriate measures to prevent any and all acts of sexual exploitation and abuse and to

prevent impunity among their personnel;

8. Calls upon the Central African authorities, with the support of the United

Nations Multidimensional Integrated Stabilization Mission in the Central African Republic,

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

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

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

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

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

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

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

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

Multidimensional Integrated Stabilization Mission in the Central African Republic and the

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

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

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

security forces;

10. Deplores the increasing recruitment and use of children by armed groups as

combatants, human shields, domestic workers or sex slaves, as well as the abduction of

children, urges armed groups to release children from their ranks and to put an end to and

prevent future recruitment and use of children, and, in this regard, calls on them to honour

the commitments assumed by several of them on 5 May 2015;

11. Encourages the Government to consider ratifying the Optional Protocol to

the Convention on the Rights of the Child on the involvement of children in armed conflict;

12. Urges all parties to protect and to consider as victims those children who

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

emphasizes the need to pay particular attention to the protection, release and reintegration

of all children associated with the armed forces and armed groups;

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

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

necessary steps to end the impunity of perpetrators of acts of violence by strengthening the

judicial system and mechanisms intended to ensure accountability;

14. Notes the decision of the Central African authorities in June 2014 to request

the Prosecutor of the International Criminal Court to open an investigation into alleged

crimes committed in the Central African Republic that may fall under the Court’s

2 A/HRC/36/64.

GE.17-17533 5

jurisdiction, and welcomes in that regard the opening in September 2014 of an investigation

by the Court essentially into war crimes and crimes against humanity committed since 1

August 2012;

15. Welcomes the efforts by the Central African authorities to establish within the

national judicial system the Special Criminal Court with competence in respect of serious

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

the Government to take all the measures necessary to ensure the effective implementation

and operational capability of the Court as promptly as possible, with support from the

international community, and to cooperate with the Special Prosecutor of the Court so that

those responsible for international crimes, regardless of their status or their affiliation, are

identified, arrested and brought to justice without delay;

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

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

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

judiciary and by strengthening the criminal justice system and the penitentiary system such

that judicial authorities are effectively present throughout the country, ensuring that

everyone has access to fair and impartial justice;

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

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

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

stable, responsible, inclusive and transparent governance;

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

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

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

the country;

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

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

establishment of a truth, justice, reparation and reconciliation commission, and encourages

them to define a road map for transitional justice adopting an inclusive approach likely to

allow genuine and lasting reconciliation, including by supporting civil society actors

working for conflict prevention and resolution, reconciliation and human rights;

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

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

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

particular women, children and persons with disabilities;

21. Calls upon the national authorities to continue their efforts to protect and

promote the right to freedom of movement for all, including internally displaced persons,

without distinction, and to respect their right to choose their place of residence, to return

home or to seek protection elsewhere;

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

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

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

of people affected by the crisis;

23. Requests all parties to facilitate rapid access for humanitarian aid and

humanitarian workers to the entire national territory by strengthening security on the roads;

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

international cooperation, the relevant United Nations bodies, international financial

institutions and other international organizations concerned and donors to provide the

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

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

sectors;

25. Encourages the United Nations Multidimensional Integrated Stabilization

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

6 GE.17-17533

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

international community to monitor the situation;

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

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

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

capacity-building in the field of human rights;

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

carrying out her mandate;

28. Decides to organize, at its thirty-seventh session, a high-level interactive

dialogue to assess the evolution of the human rights situation on the ground, placing special

emphasis on the impact of peace and reconciliation efforts on human rights, with the

participation of the Independent Expert, representatives of the Government of the Central

African Republic, the United Nations, the African Union and civil society;

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

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

as with other relevant international organizations, Central African civil society and all

relevant human rights mechanisms;

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

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

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

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

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

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

necessary to enable her to carry out fully her mandate;

32. Decides to remain seized of the matter.

42nd meeting

29 September 2017

[Adopted without a vote.]