A/HRC/45/55
and security forces is strengthened. Furthermore, if any instances of wrongdoing were to
occur, they would be immediately punished.
44.
As conveyed to the Independent Expert, the shortage of judges and prison staff in
certain areas of the country contributes to the ongoing climate of impunity in the Central
African Republic. This situation leads to the continuation of violations and, at times, the
development of a parallel justice system that can give rise to many abuses. Although he is
aware that the security situation may deter some judges from travelling to their assigned
areas and that they face logistical and material difficulties, the Independent Expert calls on
judges to contribute to ensuring that the right of access to justice for all is respected and that
violations are prevented.
D.
Conflict-related sexual and gender-based violence
45.
Conflict-related sexual violence remains a major concern for the Independent
Expert. He notes that all signatories to the Peace Agreement have an obligation to prevent
and punish sexual and gender-based violence, to ensure that there is no de facto or de jure
amnesty for the perpetrators and to promote the active participation of women in the peace
and reconciliation process.
46.
The Human Rights Division of MINUSCA, which has a special unit specializing in
sexual violence, monitors gender-based violence, including conflict-related sexual violence.
On 31 May 2019, a joint communiqué on preventing and combating conflict-related sexual
violence was signed by the Special Representative of the Secretary-General on Sexual
Violence in Conflict and the deputy to the Minister for Foreign Affairs and Central
Africans Abroad.8 The joint rapid response unit to combat sexual violence against women
and children provides the authorities with robust technical support. The fulfilment of the
commitments set out in the joint communiqué has yet to be achieved.
47.
The parties to the conflict, in particular the armed groups, have reportedly been
responsible for many cases of conflict-related sexual violence, mostly involving rape,
attempted rape, sexual slavery or forced marriage. Victims are often reluctant to file a
complaint for fear of reprisals and stigmatization. In addition, medical, judicial and
psychosocial services have very limited capacity to respond to cases.
48.
The Independent Expert insists that background checks be performed on members of
the parties to the conflict so that the perpetrators of sexual violence and their accomplices
may be duly identified and brought to justice. He considers that, beyond the judicial
dimension, it is important to provide psychosocial assistance to victims and to implement
specific social and economic reintegration programmes to facilitate their rehabilitation and
reintegration.
49.
The humanitarian country team has set out to identify the areas most affected by
sexual violence in order to adapt the protection response accordingly and to strengthen
security in those areas as a matter of priority. A multipurpose reception centre for victims
has also been set up in Bangui.
50.
The country team also conducted a perception study on peace, justice and security in
early 2020, on which a report focusing on victims of sexual violence, which will include
more recent data, will be published this year.
51.
During his visit to the country in February 2020, the Independent Expert met with
the leadership of the joint rapid response unit to combat sexual violence against women and
children. The aim of this special unit, which is made up of police officers and gendarmes, is
to provide advice and protect citizens’ well-being.
52.
As for the allegations of sexual exploitation and sexual abuse by MINUSCA
personnel, the measures taken by the Secretary-General pursuant to his zero-tolerance
8
GE.20-10998
Central African Republic and the United Nations, Joint communiqué between the Central African
Republic and the United Nations: Preventing and combating conflict-related sexual violence, 31 May
2019.
9
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