A/HRC/42/61
at least 5,500 Central African refugees in Cameroon, 4,000 in the Democratic Republic of
the Congo and 4,000 in the Republic of the Congo have registered for voluntary
repatriation.
80.
The Independent Expert urges the Governments concerned to ensure that returns are
voluntary and are conducted in a safe and dignified manner. During her mission in June
2019, the Independent Expert was informed that MINUSCA and humanitarian and
development agencies were working to support the Government of the Central African
Republic in creating the necessary conditions for the voluntary return and socioeconomic
reintegration of internally displaced persons and refugees.
V. Transitional justice and efforts to fight impunity
81.
During her visits, the Independent Expert heard strong calls from all concerned for
an end to impunity, from which she infers that justice and reparation are essential in
resolving the Central African crisis and are decisive elements in ensuring the success of the
peace process.
82.
In the judicial sphere, the Independent Expert is concerned that the criminal justice
system has not yet effectively been restored throughout the country and does not meet the
expectations of the population. Impunity for human rights violations remains a major
concern. Outside Bangui, the capacity and functioning of national judicial and prison
structures remain limited. A total of 15 of the 27 first instance and appellate courts are
beginning to operate, including 13 outside Bangui (S/2019/147, para. 45).
83.
During her recent missions, the Independent Expert noted that the continuing
discussions in the country on the importance of greater coherence and integration in the
justice sphere were tending towards the strengthening of the judicial system as a whole (in
respect of the International Criminal Court, the Special Criminal Court and the ordinary
courts), to make it more effective.
84.
During her meetings with victims’ associations, the Independent Expert was
informed that work was under way to identify and register victims. This will be crucial in
helping associations prepare and organize themselves for dealing with the courts.
Nevertheless, the Independent Expert is concerned by the lack of funding for victim support
initiatives and invites international non-governmental organizations and technical and
financial partners to strengthen their efforts in this regard.
85.
With regard to the prison system, on 9 January 2019 the Government approved a
national demilitarization strategy and health and social reintegration policies for detainees
that it developed with support from MINUSCA. An additional 150 civilian prison officers
have been recruited. Their training and subsequent deployment will help to strengthen and
give effect to the justice system throughout the country.
86.
In January 2019, the Independent Expert participated in a workshop on revitalizing
the transitional justice process which drew some 60 participants from the Government, civil
society, international organizations and the diplomatic community. The workshop provided
an opportunity to review the progress made in institutional reforms, including in the areas
of disarmament, demobilization, reintegration and repatriation, security sector reform, the
establishment of the Special Criminal Court, the reorganization of assize courts, the
establishment of local peace committees and the development of a strategy for durable
solutions for internally displaced persons and refugees. Among the recommendations, she
noted the challenging tasks of protecting victims and witnesses, taking care of children
removed from armed groups, adopting the Child Protection Code and, more broadly,
revitalizing the juvenile justice system, as well as developing a communication strategy on
seeking the truth in the reconciliation and peace process.
87.
The establishment in recent months of the main transitional justice institutions is a
positive development. Transitional justice is a comprehensive process in which the ordinary
courts, the Special Criminal Court, the International Criminal Court and the Truth, Justice,
Compensation and Reconciliation Commission will each have a role to play. The launch, on
6 June 2019, of the national consultations on the establishment of the Commission is
14
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