A/HRC/25/43
63.
The declaration of intent made during the National Dialogue to shed light on events
that have taken place in the Central African Republic since 1960 and to create a truth
commission should form the basis for a broader debate on how to institute transitional
justice.
64.
Given that a process of national reconciliation is unthinkable unless it involves
everyone, people must be informed, especially about what transitional justice actually is
and how it might be put into practice.
65.
Between now and the third quarter of 2014, a round table could be organized in
Bangui in order to explain to participants what constitutes transitional justice, illustrating it
with the relevant experience of other countries. This would provide an opportunity to make
participants aware of the need to inform the public about transitional justice.
66.
It would appear to be too early at this stage to make recommendations or
contemplate the creation of transitional justice mechanisms, since the available options will
emerge only after nationwide consultation. Moreover, the emergence of new leaders after
elections due to take place in 2015 should enable debate on how to institute transitional
justice, which would be a test of their willingness to tackle the problem of impunity and,
more broadly, their commitment to human rights.
C.
Restoring the judiciary and prison system
67.
As part of the process of re-establishing the rule of law, the judiciary and prison
system must be restored. The challenges are considerable and donors will again be asked to
contribute. In that regard, everything should be done to put in place a national consultation
framework involving all stakeholders in the area of justice in the Central African Republic.
Such a mechanism, which could be placed under the Ministry of Justice, would have the
advantage of channelling funds to the areas of greatest need, in other words to the
restoration of the courts and prisons.
68.
Meanwhile, donors should fund the organization of as many mobile courts as
possible in order to enable the justice system to continue to work. Given the degree of
insecurity prevailing in the country, forcing judges to leave their jurisdictions, funding for
mobile courts should contain a security component to cover the costs involved in moving
and housing security forces to protect, among others, court staff.
69.
Four ministers of justice have come and gone in the space of three years. Given that
the Ministry of Justice must have stability if viable measures are to be developed and
implemented, an expert could be assigned to work with it as a management and
organization consultant.
70.
In line with the mandate accorded to it under Security Council resolution 2121
(2013), BINUCA should continue capacity-building in the justice system by organizing
training sessions on human rights and the administration of justice.
D.
Reforming the security forces with a human rights perspective
71.
Reform of the security forces in a manner that takes human rights into account will
require that a number of principles be upheld. Firstly, diversity is needed among personnel
in order to forestall the kind of abuses that have taken place in the past, when the security
forces served the interests of a particular ethnic group, and to increase the public’s trust in
them. Recruitment should be open to all, regardless of ethnic, religious or social
background. The authorities should also promote the recruitment of women, if need be by
means of quotas.
12
GE.14-11122
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