A/HRC/45/55
article 46 of Organic Act No. 15003 of 3 June 2015 on the establishment, organization and
operation of the Court, and the support and protection unit for victims and witnesses play
an indispensable role in safeguarding respect for fundamental guarantees and the conditions
for a fair trial. The same could be said of a victims’ compensation fund, which, despite not
having been set up yet, should be considered; this could be done in consultation with the
victims’ compensation fund of the International Criminal Court, which has an office in the
Central African Republic. The Independent Expert calls on the international community to
support the Special Criminal Court by providing it with adequate resources to operate.
80.
Under no circumstances can transitional justice instruments or political agreements
of any kind guarantee impunity or create conditions that could lead to impunity, including
obstructing the prosecution of persons allegedly responsible for human rights violations.
81.
In February 2020, the Independent Expert met with the Chair and the leadership of
the inclusive commission set up under article 11 of the Peace Agreement. With the support
of the Human Rights Division of MINUSCA, the commission organized national
consultations in eight regions of the country to examine all aspects of the tragic events of
the conflict. The report drafted and approved by the different actors at the end of this
process will serve as a core document for the Truth, Justice, Reparation and Reconciliation
Commission. Act No. 20009 on the Commission represents a significant step forward in
terms of transitional justice. On 30 July 2020, Decree No. 20270 on the appointment of the
members of the committee responsible for selecting candidates and Decree No. 20271 on
the operation of the selection committee and its technical secretariat were issued. The
selection and appointment process should be accelerated to make operational in the near
future12 the Truth, Justice, Reparation and Reconciliation Commission, whose mandate is to
work to promote truth, justice, reparation and guarantees of non-recurrence, in partnership
with the Special Criminal Court. In order to ensure that victims receive the rehabilitation
and reparation due to them, the trust fund provided for in article 12 of the Peace Agreement
should be set up.
VI. Conclusions and recommendations
A.
Observations
82.
The Independent Expert welcomes the cooperation of the Central African
authorities in the context of his mandate to assess the human rights situation in the
Central African Republic. He also welcomes the support provided by the United
Nations through MINUSCA, the United Nations country team and the Office of the
United Nations High Commissioner for Human Rights (OHCHR), as well as other
international partners, including the African Union, the European Union and various
diplomatic representations, in the implementation of his mandate. He has also
established greater cooperation with a number of other special procedures mandate
holders and with all relevant mechanisms regarding the protection of human rights in
the Central African Republic. Lastly, the Independent Expert is grateful to the
Central Africans who have shared with him their suffering, their analysis and their
hopes for their country. His objective is, on the one hand, to be able to contribute
through advocacy to a greater awareness by all actors of the importance of promoting,
protecting and implementing human rights, and to the strengthening of the legal and
institutional framework through increased technical assistance and cooperation from
international partners, and on the other hand, to encourage the inclusion of a human
rights perspective in peace initiatives and development assistance.
83.
However, with regard to the human rights situation in the Central African
Republic, the Independent Expert notes that the first quarter of 2020 was
12
14
Article 10 of the Peace Agreement provides that the Truth, Justice, Reparation and Reconciliation
Commission “shall imperatively begin its work within ninety (90) days of the signing of the
Agreement”.
GE.20-10998
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