A/HRC/45/55 article 46 of Organic Act No. 15003 of 3 June 2015 on the establishment, organization and operation of the Court, and the support and protection unit for victims and witnesses play an indispensable role in safeguarding respect for fundamental guarantees and the conditions for a fair trial. The same could be said of a victims’ compensation fund, which, despite not having been set up yet, should be considered; this could be done in consultation with the victims’ compensation fund of the International Criminal Court, which has an office in the Central African Republic. The Independent Expert calls on the international community to support the Special Criminal Court by providing it with adequate resources to operate. 80. Under no circumstances can transitional justice instruments or political agreements of any kind guarantee impunity or create conditions that could lead to impunity, including obstructing the prosecution of persons allegedly responsible for human rights violations. 81. In February 2020, the Independent Expert met with the Chair and the leadership of the inclusive commission set up under article 11 of the Peace Agreement. With the support of the Human Rights Division of MINUSCA, the commission organized national consultations in eight regions of the country to examine all aspects of the tragic events of the conflict. The report drafted and approved by the different actors at the end of this process will serve as a core document for the Truth, Justice, Reparation and Reconciliation Commission. Act No. 20009 on the Commission represents a significant step forward in terms of transitional justice. On 30 July 2020, Decree No. 20270 on the appointment of the members of the committee responsible for selecting candidates and Decree No. 20271 on the operation of the selection committee and its technical secretariat were issued. The selection and appointment process should be accelerated to make operational in the near future12 the Truth, Justice, Reparation and Reconciliation Commission, whose mandate is to work to promote truth, justice, reparation and guarantees of non-recurrence, in partnership with the Special Criminal Court. In order to ensure that victims receive the rehabilitation and reparation due to them, the trust fund provided for in article 12 of the Peace Agreement should be set up. VI. Conclusions and recommendations A. Observations 82. The Independent Expert welcomes the cooperation of the Central African authorities in the context of his mandate to assess the human rights situation in the Central African Republic. He also welcomes the support provided by the United Nations through MINUSCA, the United Nations country team and the Office of the United Nations High Commissioner for Human Rights (OHCHR), as well as other international partners, including the African Union, the European Union and various diplomatic representations, in the implementation of his mandate. He has also established greater cooperation with a number of other special procedures mandate holders and with all relevant mechanisms regarding the protection of human rights in the Central African Republic. Lastly, the Independent Expert is grateful to the Central Africans who have shared with him their suffering, their analysis and their hopes for their country. His objective is, on the one hand, to be able to contribute through advocacy to a greater awareness by all actors of the importance of promoting, protecting and implementing human rights, and to the strengthening of the legal and institutional framework through increased technical assistance and cooperation from international partners, and on the other hand, to encourage the inclusion of a human rights perspective in peace initiatives and development assistance. 83. However, with regard to the human rights situation in the Central African Republic, the Independent Expert notes that the first quarter of 2020 was 12 14 Article 10 of the Peace Agreement provides that the Truth, Justice, Reparation and Reconciliation Commission “shall imperatively begin its work within ninety (90) days of the signing of the Agreement”. GE.20-10998

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents