A/HRC/26/53
C.
Breaches of international humanitarian law
29.
The cycle of violence into which the country has been plunged gives rise to serious
breaches of international humanitarian law. The Independent Expert was informed during
her first visit of attacks committed by unidentified armed groups in Bangui, and especially
in the interior of the country, targeting civilians and the goods essential to their survival, as
well as humanitarian workers or their ambulances. The level of cruelty was such that some
patients were reportedly slaughtered in their hospital beds and medicines were looted. Such
insecurity forces humanitarian workers to rein back their activities and jeopardizes the lives
of internally displaced persons unable to access the necessary assistance. These acts seemed
to have abated during the second visit of the Independent Expert.
30.
In March 2014, the Independent Expert in her oral update stressed that the constant
fear of attacks against civilians by anti-Balaka in Bangui and by anti-Balaka and ex-Seleka
in the hinterland, and clashes between these two groups across the country, were a threat to
human rights. Several districts of Bangui and other regions of the country have lost their
Muslim populations, who have been forced to flee. Muslims living in the PK12 district of
Bangui left the city on 28 April 2014. Some Muslims remain in the KM5 district. During
her second visit, the Independent Expert met with members of that Muslim community who
revealed the difficulties they faced in convincing Muslims to stay in the district owing to
the restrictions imposed on their freedom of movement. She also noted that the mosque
housed many Muslims seeking refuge from other districts in Bangui. Despite the presence
of international forces in the area, Muslims could not leave their neighbourhood for fear of
being attacked by the anti-Balaka who watched closely for the slightest sign of movement
in order to attack them. The Independent Expert had been told of a similar situation during
her visit to the PK12 district at a time when Muslims were still living there. Two incidents
confirm that these fears are justified. On 28 April 2014, an attack on a convoy heading
north left two persons dead, and three Muslims were killed in the KM5 district by antiBalaka on 29 April 2014.
31.
Currently, thousands of persons, mostly Muslims, rely solely on the protection of the
international MISCA, Sangaris and EUFOR CAR forces. The Independent Expert stressed
that some communities were virtually inaccessible in Bangui and other parts of the country,
and that humanitarian assistance only reached them with great difficulty. The Muslims in
Boda had been in this situation during her initial visit. The attack against the Médecins sans
frontière health centre in Nanga Boguila on 26 April 2014, which left 22 dead, and the
attack on a humanitarian convoy in Dikissou on 28 April 2014, which left 2 dead, were of a
nature as to be in violation of common article 3 of the four Geneva Conventions of 12
August 1949. On her second visit, the Independent Expert was informed that the Muslims
in Boda had finally received humanitarian assistance.
V. Fragility of the State and technical assistance and capacitybuilding requirements
32.
The Independent Expert was informed during the course of her two visits that the
root causes of the crisis lay in the failure by successive governments to uphold civil and
socioeconomic rights and in the marginalization of some of the northern regions of the
country, and of the Muslim religious minority in particular.
33.
The Independent Expert was told that even the non-Muslim majority, which
seemingly benefited from administrative and social services, had also often been
marginalized because of nepotism and injustices committed under some of the successive
regimes. Hence, the root causes of the conflict are to be found in the inequalities maintained
by successive governments through their often discriminatory public policies. These social
GE.14-03816
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