A/HRC/39/70
steady funding to enable its staff to concentrate on judicial work. The Expert has taken note
of the launch of assistance programmes by the Trust Fund for Victims of the International
Criminal Court in the framework of the trial of Jean-Pierre Bemba Gombo, and appeals to
donors. She also recalled the importance of respecting the independence of the judiciary,
legal aid and compensation measures independent of the outcome of judicial decisions.
81.
Regarding guarantees of non-recurrence, the main advances concern reform of the
security sector. The Independent Expert appreciated the results of the vetting of the national
forces, the training and deployment of three battalions of the Central African armed forces
and the current training of 500 police officers and gendarmes. The disarmament,
demobilization, reintegration and repatriation project has yet to begin. The Expert
welcomed the institutional strengthening favourable to human rights engendered by
intensified collaboration with treaty bodies and the establishment of the National
Commission on Human Rights. She regrets, however, that the Commission and its
members do not have the status or resources appropriate to guarantee their efficiency and
independence. Although she has noted progress in the restoration of the authority of the
State, the redeployment of the administration of justice and prisons, and the building and
rehabilitation of prisons, she regrets that, in the towns in which the prefectural authorities
are present, some judges and prison officers have still not returned to their posts. The
Expert encouraged the national authorities speedily to initiate reform of the justice system,
a human rights strategy and a national policy on the return of displaced persons and
refugees. She also noted the establishment of the High Council for Communication and the
High Authority in charge of good governance.
82.
In 2015, the Bangui Forum on National Reconciliation initially approved the Truth,
Justice, Compensation and Reconciliation Commission but did not detail its
responsibilities. In 2017, the Government adopted a decree establishing a steering
committee to examine the terms of reference of this Commission. After a delay in the start
of the activities of the committee, a decree signed on 25 July 2018 extended its mandate by
three months so that it could carry out the work planned under the decree establishing it, in
particular the organization of wide-ranging consultations on the real expectations of the
population with regard to the Commission. The Independent Expert expressly emphasizes
that the consultations should include victims, civil society organizations and refugees, and
plan for an adequate timeline to introduce significant elements into the basic terms of
reference of the Commission, such as receiving information in return on some of the
planned responsibilities as they are defined. She also points out that the stakeholders of the
African Initiative for Peace and Reconciliation and local peace agreements will have to take
into account choices made by the people as to the responsibilities of the Commission. The
Expert was also informed of the operation of 16 local peace and reconciliation committees
as local centres of initiative on peace, focusing on the issues of free circulation of people
and goods, the peaceful coexistence of communities, the return of displaced persons and
refugees and the acceptance of new prefectural authorities. She has, however, been
informed of the technical and operational difficulties that these committees experience for
lack of adequate resources.
83.
The fourth pillar of a transitional justice strategy is compensation programmes that
seek to provide victims of violations and their families with individual and collective
material and symbolic compensation. 7 The Mapping Report sets out the number of victims
of the conflict in the Central African Republic since 2003 and several means of
compensation. In 2018, the Independent Expert notes that this subject has received little
consideration. She recalled during her visits that compensation such as building roads,
schools and training, and health and psychotherapeutic assistance centres, should help to
dissipate resentment and frustrations and reduce disparities, at the same time as beginning
to address the economic and social causes of the Central African conflict. She also invited
her interlocutors to link the needs expressed with implementation of the National Recovery
and Peacebuilding Plan. Lastly, she underscored the need to listen more attentively to the
specific demands of women and young people and to ensure their participation in
reconstruction and development programmes and decision-making.
7
14
Ibid., part two, chapter V.
GE.18-13342
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