A/HRC/39/70
B.
Challenges of coordinated action
84.
The lasting restoration of peace will depend on the implementation of all the pillars
of transitional justice, and on their complementarity and synchronization. The lack of
simultaneous planning on these pillars has brought out certain weaknesses that were
particularly visible in Bambari after the renewed violence. Coherent and coordinated action
regarding criminal measures, investigation of the truth through dialogue, collective
compensation and guarantees of non-recurrence through institutional reforms, the return of
local government and the implementation of disarmament, demobilization, reintegration
and repatriation programmes might have ended the crisis in Bambari once and for all.
85.
The current coordination of institutional justice activities within United Nations
bodies, the international community and the Government has weaknesses. In June, the
Independent Expert acknowledged that MINUSCA could play a greater role in technical
advice to the highest Central African authorities and the planning of the activities of
partners around a programmatic approach to transitional justice. She stresses in particular
the need to strengthen the technical capacities of MINUSCA to enable it to provide
adequate support. Analysis of the action to follow up the Bangui Forum on National
Reconciliation and the National Recovery and Peacebuilding Plan should facilitate the
drawing up of a roadmap and identify pilot areas.
86.
The majority of Central African territory is still controlled by armed groups. The
military option for reducing their influence that has been favoured so far should
immediately be supplemented by strengthened civilian actions to respond to the
expectations of the population. The initiation of reconstruction, speedy economic recovery
and reconciliation programmes must not be postponed until calm has finally been restored.
87.
All the actions in favour of a programmatic approach to transitional justice should
focus on the interests of victims. The Independent Expert also recalls that adequate
implementation of measures to protect victims and witnesses will ensure their participation
in judicial proceedings, the operation of the Truth, Justice, Compensation and
Reconciliation Commission and compensation programmes, and will foster reconciliation.
88.
To the mechanisms to compensate for the wounds of the past can be added a
preventive aspect of transitional justice to avoid a resurgence of violence. In 2015, the
Central African Republic established a National Committee on the Prevention and
Punishment of Genocide, War Crimes, Crimes Against Humanity and all forms of
Discrimination, the action plan 2017–2022 of which has been approved and could form part
of the preventive framework of transitional justice.
VI. Conclusions and recommendations
A.
Observations
89.
The Central African Republic is encountering multiple challenges on its road to
peace. In one year, the situation on the ground has deteriorated, with a proliferation
of armed groups and an upsurge in violence, which again reached Bangui. This
context brings out more than ever the urgent need for the authorities simultaneously
to strengthen the civilian protection, humanitarian aid, peace initiatives and
development. The Central African authorities have certainly made progress in
recovering territory, but the current situation shows there to be a link between the
resistance of armed groups to the return of State authority and their presence in areas
rich in natural resources, which they exploit unlawfully. The State should, without
delay and with the assistance of MINUSCA and international partners, re-establish
and definitively set up the government and rule of law so long awaited by the
population. The contempt for international humanitarian law by armed groups
cannot remain without consequence for the criminal liability of the perpetrators of
violence and their participation in the African Initiative for Peace and Reconciliation.
The armed groups at the negotiating table must prove their sincerity and stop killing,
looting and terrorizing the population. It is also essential to turn young people away
GE.18-13342
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