A/HRC/39/70
critical condition of refugee women in the subregion and the low level of assistance
provided to them.
75.
The Independent Expert recalls the importance of involving all refugees in the peace
and security process in the Central African Republic. She underscores the importance of a
national policy on returns based on the needs of displaced persons and refugees being taken
into account in a transitional justice roadmap as a guarantee of non-recurrence.
V. Transitional justice
76.
Transitional justice includes a range of processes and mechanisms implemented by
society to try to confront the plethora of acts of violence committed in the past in order to
establish responsibilities, hand down justice and enable reconciliation. During her visits, the
Independent Expert learned of the Government’s intention to develop a transitional justice
strategy that would use judicial mechanisms, such as the Special Criminal Court, and nonjudicial mechanisms, such as the Truth, Justice, Compensation and Reconciliation
Commission, and guarantees of non-recurrence, including institutional reforms and
compensation measures. The Expert has invited international partners to support this.
77.
The purpose of the Independent Expert’s missions was to explain the
complementarity of each pillar of transitional justice and the need to coordinate their
implementation in order to reassure donors, gain their backing for a clearer roadmap and
enable simultaneous funding of complementary actions.
A.
Overview
78.
The conflicts in the Central African Republic were to a great extent stimulated by
impunity, poor governance, poverty, regional disparities and inequalities of treatment. The
conclusions of the Bangui Forum on National Reconciliation and the National Recovery
and Peacebuilding Plan now represent the two key constituents of a transitional justice and
reconciliation strategy. They are generally uncontested and are defended by all
stakeholders, which suggests that their implementation should reduce the social divide and
address the expectations of the population. The Independent Expert encouraged the
Government to take stock and to report on activities that had taken place or to speed up
their implementation.
79.
Only by putting in place all the pillars of transitional justice 5 in a coordinated
fashion can the causes of conflicts be tackled and peace guaranteed. The Mapping Project
Report 6 published in May 2017 proposed a phased introduction, first implementing
transitional justice components such as prosecutions and vetting programmes. Analysing
the actions planned in the Central African Republic for each pillar, the Independent Expert
noted that progress had indeed been made in the judicial field and with security-related
institutional reforms. She now recommends that these efforts be consolidated and
supplemented by actions under the right to truth and right to compensation pillars.
80.
With regard to combatting impunity, the Independent Expert noted the assize court
decisions of January 2018, which were appreciated by most Central Africans, and the
holding of the criminal session of July 2018. She is, however, concerned about the breaches
observed in the protection of victims and witnesses taking part in judicial proceedings. She
welcomed the imminent opening of the Special Criminal Court investigations following the
adoption of the procedural and evidentiary regulations, and encouraged donors to provide
5
6
GE.18-13342
The four pillars of transitional justice are the right to truth, combatting impunity, the right to justice
and guarantees of non-recurrence, including institutional reforms and the right to compensation.
United Nations, Report of the Mapping Project documenting serious violations of international
human rights law and international humanitarian law committed within the territory of the Central
African Republic between January 2003 and December 2015. Available from
https://www.ohchr.org/Documents/Countries/CF/Mapping20032015/2017CAR_Mapping_Report_EN.pdf.
13
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