A/HRC/25/43
the Presidential Guard) used to be 11,381 and to active and recently formed non-State
armed groups, 8,872.18 The demobilization of 4,777 combatants of the APRD in the Paoua
and Bozoum areas from 13 July to 11 September 2011 resulted in the recovery of 3,558
weapons, of which 3,491 were home-made and only 67 were weapons of war.19 According
to some sources, when the former Séléka arrived in Bangui in March 2013, weapons were
stolen from military camps and other weapons handed out by the Bozizé regime.
B.
The culture of impunity
34.
Over the past 20 years, the Central African Republic has experienced a number of
mutinies, rebellions and coups d’état, along with gross violations of international human
rights law and international humanitarian law. Despite these serious and recurring human
rights violations, few of the suspected perpetrators have been prosecuted. The enactment of
several amnesty laws, such as those of 30 May 1996, 15 March 1997 and 13 October 2008,
has strengthened this de facto impunity.
35.
In the 2009 universal periodic review, it was noted that impunity was also a feature
of the measures adopted by the Government, which were not commensurate with the
seriousness of the acts. To transfer members of the armed forces from one region to
another, for example, or impose purely administrative or disciplinary sanctions on the
perpetrators of human rights violations, does not reflect a genuine desire to combat
impunity (see A/HRC/WG.6/5/CAF/2, para. 35).
36.
However, it should be noted that proceedings have occasionally been taken against
perpetrators, as happened in 2009, when 250 cases of human rights violations were brought
before the courts, resulting in 80 convictions (A/HRC/14/24/Add.5, para. 45).
37.
A mixed commission of inquiry was established by Decree No. 13-100 of 20 May
2013 to investigate crimes, offences and other human rights violations, and also crimes
against property, committed since 2004. While this measure represents a positive step, a
number of reservations should be made with regard to this initiative.
38.
The mixed commission of inquiry lacks the necessary resources to carry out its
mandate. It still does not have its own office but is based at the Court of Cassation, and it
has no premises outside the capital. According to Human Rights Watch, the mixed
commission of inquiry has no vehicles or logistical means of conducting investigations.20
Moreover, its independence is not guaranteed, as under article 9 of the Decree it is required
to submit the original version of its report to the President of the Republic.
39.
The issue of past human rights violations has still not been settled, though it has
been addressed on various occasions in attempts at national reconciliation. The National
Dialogue, held from 9 September to 27 October 2003, recommended that one of the six
commissions of the National Dialogue Preparatory Committee — the commission on truth
and reconciliation — should carry on working after the end of the Dialogue. However, this
recommendation was not acted upon and, given that Security Council resolution 2127
(2013) requests the Secretary-General to establish an international commission of inquiry, it
18
19
20
8
E.G. Berman, “La République centrafricaine: Une étude de cas sur les armes légères et les conflits”,
Small Arms Survey, June 2006, p. 26.
United Nations Development Programme, “Programme de Désarmement, démobilisation et
réintégration des éléments des groupes politico-militaires en République centrafricaine (DDR) –
Rapport annuel janvier–décembre 2011”, pp. 3 and 11.
Human Rights Watch, “I Can Still Smell the Dead: The Forgotten Human Rights Crisis in the Central
African Republic”, September 2013, p. 73.
GE.14-11122
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