A/HRC/45/55
policy appear to be having a deterrent effect. According to the information provided, in
2019, 41 allegations of sexual exploitation and sexual abuse were made. A total of 14 cases
reportedly took place in 2019, while 26 took place in previous years and 1 took place on an
unknown date. Most of these cases concern events that took place in 2018 or before. In
2020, 12 allegations of sexual exploitation and sexual abuse by or against MINUSCA
personnel were recorded. However, the Independent Expert regrets that the investigations
conducted in this connection are rarely made public and seldom lead to convictions. He
encourages the United Nations to continue its efforts on these issues and the States
concerned to investigate allegations and ensure that the rights and needs of victims are
placed at the centre of every investigation. Since most victims come from very low-income
backgrounds, they should be provided with financial support and psychotherapy to enable
them to participate effectively in investigations, travel to interview locations and be assisted
by translators and lawyers from the outset of their interactions with investigators before and
during the proceedings.
E.
Women’s rights
53.
In February 2020, the Independent Expert met with the Minister for the
Advancement of Women, the Family and the Protection of Children and was able to assess
the Government’s efforts to provide the Ministry with a strategic and operational
framework. However, the Independent Expert is of the opinion that, in view of the
challenges facing the Ministry, it does not possess sufficient resources to carry out its
mandate.
54.
The Independent Expert also met with women’s groups in Bangui. The discussions
centred on issues linked to women’s political participation and empowerment. They shared
their concerns about the failure of the signatories to the Peace Agreement, especially the
armed groups, to honour their commitments. Women’s groups had helped to raise public
awareness of the Peace Agreement. They denounced the continued violations and abuses of
human rights in the country. In addition, they requested that greater consideration be given
to their role in the activities related to the ongoing peace process and that Act No. 16004 of
24 November 2016 introducing gender parity in the Central African Republic, including
equal access for men and women to elected office, be respected.
55.
The Independent Expert visited Bimbo women’s prison, where he met with prison
staff, MINUSCA soldiers and technical officers and female prisoners. Hygiene conditions
there are satisfactory; there is access to drinking water, basic medication and vocational
training activities for female prisoners mainly thanks to significant investment by
MINUSCA and civil society organizations. Most of those women are being held in pretrial
detention and do not receive the legal and judicial assistance necessary to ensure that they
have a fair trial within a reasonable period of time.
56.
Several women imprisoned in Bimbo prison have been charged with charlatanism
and witchcraft9 under Act No. 10001 of 6 January 2010 on the Central African Criminal
Code. However, neither the country’s legislators nor its case law defines these offences or
set out their constituent elements. This lacuna leaves judges powerless when faced with the
requirement of objective, tangible and corroborating evidence to substantiate or refute
allegations of witchcraft and charlatanism.
F.
Situation of children and young people
57.
Children continue to experience a lack of adequate protection because of, inter alia,
family separation, conscription, enlistment and use by armed groups, sexual violence,
exploitation and other harmful practices such as child trafficking, accusations of witchcraft,
female genital mutilation and early marriage. The Human Rights Division of MINUSCA
reports that, in 2019, 208 children were recruited by armed groups, compared to 75 in 2018,
9
10
CCPR/C/CAF/CO/3, para. 19.
GE.20-10998
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