A/HRC/26/53
human rights (the Paris Principles).4 When the conflict broke out in December 2012, the
law establishing the commission was awaiting parliamentary approval. This structure will
serve as a focal point between the Human Rights and Justice Section of MINUSCA and the
Government as part of efforts to strengthen human rights capacity and dialogue. An
effective national human rights commission could contribute to capacity-building and the
development of mechanisms to promote and protect human rights in the Central African
Republic.
VI. Observations and recommendations
A.
Observations
41.
The Independent Expert observed that human rights violations are continuing
in the Central African Republic, although the number of reported killings has fallen.
The threat posed by anti-Balaka and former Seleka elements continues to weigh on
the capital and the rest of the country. The Independent Expert again condemns these
human rights violations and reiterates that the instigators and perpetrators of these
acts cannot remain unpunished.
42.
As the Independent Expert emphasized in her oral update in March 2014, the
authority of the State outside the capital, Bangui, remains weak. The country lacks
adequate security institutions, and justice cannot be implemented without a legitimate
force to maintain law and order. Some interlocutors described the Central African
Republic as a failed, bankrupt State or a State in name only. Be that as it may, what
the Independent Expert observed during her two visits was a country that has faced
perpetual armed conflict since independence and has never received adequate
attention from the international community.
43.
Combating impunity remains the priority for the transitional authorities as
well as for most of the interlocutors. The training needs of judicial personnel have
been mentioned. There is also the issue of the safety of judges and other judicial
personnel. The lack of security for judges, trial venues and places of detention, and
the lack of suitable facilities are serious obstacles to combating impunity effectively.
The Independent Expert took note of ongoing initiatives at the Ministry of Justice to
rebuild the criminal justice system and establish investigation units to combat
impunity nationwide. She also took due note of the technical assistance which
international partners such as France, the European Union and the specialized
agencies of the United Nations have begun providing to the different ministries.
Moreover, with the exception of the central prison of Bangui, not a single prison is
operating in the interior of the country, because they have been either destroyed or
emptied of their prisoners since the outbreak of the crisis, or again simply because
they are dilapidated. Problems of prison administration and security persist, including
in the central prison of Bangui.
44.
The Independent Expert again observed that the insecurity and violence for
which the armed groups in the Central African Republic are responsible are
hindering the new authorities’ efforts to combat impunity. Indeed, in the absence of a
programme to disarm and demobilize all those groups, and as long as judges live in
fear and the security of victims and witnesses is not assured, it will be difficult to
administer justice. In addition, despite the efforts made by the international forces,
4
14
General Assembly resolution 48/134 of 20 December 1993, Annex.
GE.14-03816
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