A/HRC/24/59
85.
While the establishment of such a commission is encouraging, its current mandate,
composition and functioning are not compliant with international standards, which
compromises its independence, credibility, impartiality and transparency. The mission was
informed that the findings of the Commission would not be followed up on by the
judiciary; instead, the Commission is expected to report to the President of the National
Transitional Council. The mission also found that its members do not have the required
expertise in international human rights law, international humanitarian law, sexual and
gender-based violence, and investigation techniques. Also, several members had been
designated by the President of the National Transitional Council.
86.
For the above reasons, the Commission, unless its mandate and functioning are
strengthened in compliance with relevant international standards, will not be able to address
impunity by ensuring that perpetrators of human rights abuses are brought to justice.
2.
National commission for human rights and fundamental freedoms
87.
The bill establishing a national commission for human rights and fundamental
freedoms (Commission nationale des droits de l´homme et des libertés fondamentales) was
pending before Parliament in December 2012, when the conflict started. The commission
has yet to be established.
88.
While the Ministry for Human Rights and the Coordination of Humanitarian Action
was established in June 2013, it does not have the human and financial resources necessary
to be operational.
3.
Collection of weapons and cantonment of armed persons
89.
On 1 July 2013, the transitional Government, with the support of MICOPAX,
launched the disarmament and cantonment of Séléka soldiers with a view to re-establishing
security and public order in the country. While a number of camps in Bangui, including the
Béal and Berengoto camps, served for the cantonment of Séléka soldiers, the mission was
not given access to the camps and was unable to obtain from the authorities information on
the exact number of Séléka soldiers disarmed and cantoned in these camps. In parallel to
the cantonment of Séléka soldiers, the transitional Government is proceeding with the socalled “regroupment” of soldiers from the FACA.
90.
At present, no screening of Séléka members has been conducted under international
guidance to exclude all perpetrators of violations of international human rights law and
international humanitarian law, which is a core element of the disarmament, demobilization
and reintegration process and security sector reform, to ensure that the security and defence
forces of the transitional authority are credible and legitimate. 16
VIII. Conclusions and recommendations
A.
Conclusions
91.
The fact-finding mission was able to collect credible, reliable and corroborated
information indicating that both the forces of the former Government and the nonState armed group Séléka committed serious violations of international humanitarian
16
The establishment of the Armée républicaine de Centrafrique, new Central African army, was
announced on 27 July 2013 by the President of the National Transitional Council, after the mission
had left the Central African Republic.
17
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