A/HRC/26/53
factors have eroded trust between Central Africans and have led to a gradual shredding of
the country’s social fabric. According to the persons with whom the Independent Expert
spoke, this crisis is political rather than social or religious in nature. It broke out in a
context of State failure and absence of the rule of law as a result of persistent poor
governance. This weakness of State authority and institutions is a deeper and more
insidious structural cause of the crisis.
A.
Weakness of State authority and of the rule of law
34.
The foundations for the gradual re-establishment of the rule of law were laid with
the assistance of the international community, in particular the countries of Central Africa
and the adoption by the National Transitional Council of a Transitional Constitutional
Charter on 5 July 2013, which was promulgated by the Head of State on 18 July 2013. The
Charter takes as its frame of reference the Libreville political agreement of 11 January 2013
and the decisions of the third and fourth summits of Heads of State and Government of the
Economic Community of Central African States (ECCAS) of 3 and 18 April 2013. The
transitional authorities, which operate on the basis of this Charter, have begun to take steps
to restore State authority in all 16 prefectures of the Central African Republic, but most of
the regional prefects are still in Bangui owing to the insecurity in their respective
jurisdictions. Administrative infrastructure, including official residences, has been
destroyed. Some deputy prefects but very few prefects are in place. For the time being, the
administration operates with only very limited resources and mainly in Bangui, Bambari,
Berbérati and Bouar. In Bangassou, the Independent Expert met with the acting prefect who
received her under a tree for lack of a suitable office or accommodation. He acts as the
deputy prefect for several districts, exercising administrative and police functions with the
support of MISCA. The region also benefits from the concerted efforts of citizens and
religious leaders who work tirelessly, and with limited resources, to maintain cohesion
between communities.
35.
Interviews conducted by the Independent Expert during her two visits revealed that
the security of persons and goods throughout the country is a priority for Central Africans,
as it is a prerequisite for upholding other rights. The Independent Expert noted that, while
restoring State authority throughout the country is one of the concerns expressed, security
was seen by her interlocutors as a key requirement for any solution to the crisis. The
fighting that erupted in December 2013 has given rise to a sense of total insecurity among
the Muslim population, forcing them to congregate in one area, leave the capital for the
north, or leave the country altogether. In this regard, the transitional measures provided for
in Security Council resolution 2149 (2014) are of paramount importance given the need for
a multidimensional international presence to act as a deterrent capable of protecting
civilians, promoting restoration of the rule of law and supporting efforts to promote human
rights, intercommunity reconciliation, security sector reform and disarmament of armed
groups.
36.
As reaffirmed in that resolution, all perpetrators of international humanitarian law
and human rights violations and abuses must be brought to justice, and some of the acts
committed are of a nature as to constitute crimes under the Rome Statute of the
International Criminal Court, to which the Central African Republic is a party. This view is
shared by all stakeholders in the Central African crisis and, first and foremost, by the
transitional authorities.
12
GE.14-03816
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents