AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des Droits de l’Homme &
African Commission on Human &
des Peuples
Peoples’ Rights
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 441 05 05 /441 05 06, Fax: (220) 441 05 04 E-mail: au-banjul@africa-union.org; Web www.achpr.org
REPORT OF THE FACT-FINDING MISSION TO THE CENTRAL AFRICAN
REPUBLIC
10 - 14 SEPTEMBER 2014
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ACKNOWLEDGEMENTS
The African Commission on Human and Peoples’ Rights (the Commission)
wishes to express its gratitude to the Government of the Central African Republic for
hosting the fact-finding mission conducted to this country from 10 to 14 September
2014.
The Commission extends its sincere thanks to the Highest Authorities of the
State for providing the Delegation with the necessary means and making available the
required personnel for the smooth conduct of the mission.
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I.
Introduction
1. Article 45 of the African Charter on Human and Peoples’ Rights (the African
Charter) mandates the African Commission on Human and Peoples’ Rights (the
Commission) to promote and protect human rights and fundamental freedoms
on the African continent. Thus, within the framework of its human rights
protection mandate, the Commission may undertake, on its own initiative or at
the request of the African Union, fact-finding missions to States Parties in cases
of allegations of serious or massive human rights violations.
2.
Consistent with this mandate and in accordance with the relevant provisions
of its Rules of Procedure, the Commission conducted from 10 to 14 September
2014, a fact-finding mission on human rights violations committed since
December 2012 in the Central African Republic (CAR). The mission was
initiated by the Commission following allegations brought to its attention of
serious and massive human rights violations in the CAR.
II.
Composition of the Delegation
3. The Delegation was composed of three (3) members of the Commission:
-
-
-
Honourable Commissioner Kayitesi Zainabo Sylvie, Chairperson of the
Commission and Chairperson of the Working Group on Death Penalty,
Extra-judicial, Summary or Arbitrary Killings in Africa (head of
delegation);
Honourable Commissioner Mohamed Béchir Khalfallah, ViceChairperson of the Commission, Chairperson of the Working Group on
Economic, Social and Cultural Rights in Africa and Commissioner in
charge of monitoring human rights promotion and protection in the CAR;
and
Honourable Commissioner Maya Sahli Fadel, Special Rapporteur on
Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in
Africa.
4. The members of the Commission were accompanied and assisted by staff of the
Commission’s Secretariat.
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III.
Mandate of the mission
5. The objective of the Commission was to conduct investigations in order to
gather relevant information on allegations of serious and massive human rights
violations in the CAR that were brought to its attention, especially with regard
to:
- human rights violations as a result of clashes between different armed
groups;
- violations of the right to life, acts of torture and other cruel, inhuman and
degrading acts inflicted on civilian populations;
- summary and extra-judicial killings of civilians;
- recruitment of child soldiers;
- sexual violence against women and young girls;
- cases of mutilation;
- enforced disappearances;
- acts of violence based on religious background;
- visits to refugee camps.
6. The Commission also assessed the situation of internally-displaced persons and
the level of enjoyment of their rights as well as challenges they are facing. Lastly,
it deemed it necessary to look into any other infringement of human rights
brought to its attention.
IV.
Methodology
7. During the mission, the Delegation conducted interviews and discussions with
various stakeholders to gather information required for establishing the facts
and determine where responsibilities lie.
8. The Delegation met with the highest authorities of the Central African Republic,
in particular, representatives of the Ministry of Foreign Affairs, African
Integration and Francophonie; the Ministry of Justice in charge of Judicial
Reform and Human Rights; the Ministry of Social Affairs and Humanitarian
Action; the Ministry of National Reconciliation, Political Dialogue and
Promotion of Civic Culture; the Ministry of Public Security and EmigrationImmigration; and the Ministry in charge of National Defence, Army
Restructuring, Veterans and War Victims.
9. The Delegation also met with representatives of the National Transition Council
and representatives of the various courts in Bangui. Discussions were held with
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the High Commissioner for human rights and governance as well as the Joint
Investigative Committee.
10. Furthermore, the Delegation met with representatives of the African-led
International Support Mission to the Central African Republic (MISCA) and
UN agencies, specifically the United Nations Multidimensional Integrated
Stabilization Mission in the Central African Republic (MINUSCA), UNICEF,
and the Office of the UN High Commissioner for Refugees (HCR). It had
exchanges with representatives of religious denominations and a wide array
of civil society representatives, local and international NGOs working in the
field of human rights and international humanitarian law.
11. The Delegation gathered testimonies from families of victims of atrocities
caused by the crisis. It also met with victims of Ex-Seleka and Anti-Balaka
rebels. It received a large delegation composed mainly of women from the
Mpoko camp at Bangui airport who described the violence they suffered. These
various stakeholders also provided the Delegation with reports on the general
human rights situation in the CAR.
12. Lastly, the Delegation visited displaced persons at the Km 5 Mosque to
enquire about the living of conditions of inhabitants who consider that they
are "not allowed to go out”. It also visited the Central Prison of Ngaragba and
met with detainees, held in remand for several months and accused of
committing different acts of violence in the country during the abovementioned period.
V.
General information and background
A- Background information on the Central African Republic
13. The Central African Republic (CAR) is situated in the central part of Africa. It
covers a surface area of approximately 623,000 km2 and shares a border to the
West with Cameroon, the North with Chad, the East with Sudan and South
Sudan, and to the South with the Democratic Republic of Congo and the
Republic of Congo. 80% of its inhabitants are Christian, 10% are Muslim and
10% are animist. It is a member of the African Union, the Economic
Community of Central African States (ECCAS) and the Community of SaheloSaharan States. The Central African Republic is rich in natural resources,
particularly uranium, gold, diamonds and precious woods.
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14. It is characterized by a situation of socio-political instability as a result of
instability within the sub-region and hence the infiltration of armed groups and
circulation of small arms. The country is also marked by a series of politicomilitary crises in the form of mutinies within the Central African Armed Forces
(FACA). With regard to recent events alone, the country has experienced
several crisis situations from 1996 to 1998 followed by a coup attempt in 2001
that led to the civil war and resulted in the rise to power of President Bozizé.
15. Following presidential elections in 2005, several rebel groups that were against
the ruling party were created including the UFDR (Union des Forces
Démocratiques pour le Rassemblement), among the most significant groups in the
North-East of the country, led by Michel Am Nondokro Djotodia. UFDR has
several allies: GAPLC (Groupe d'action patriotique pour la libération de
Centrafrique), MLCJ (Mouvement des libérateurs centrafricains pour la justice), and
FDC (Front démocratique centrafricain).
16. In November 2006, UFDR rebels took control of Sam-Ouandja, a town situated
in the northern part of the CAR as well as the town of Ouada. This crisis, which
ended with the signing of a peace accord with the government in April 2007,
led to the recognition of UFDR as a political party.
17. In November 2010, CPJP (Convention des Patriotes pour la Justice et la Paix) rebels
took control of the town of Birao which was later taken back by the Chadian
army in December 2010 on behalf of the CAR. In December 2012, the Seleka
rebel coalition, comprising members of the CPSK (Convention des patriotes pour
le salut du Kodro), CPJP (Convention des Patriotes pour la Justice et la Paix), UFDR
and FDPC (Front démocratique du peuple centrafricain), led by Michel Am
Nondokro Djotodia took up arms again capturing a certain number of towns in
the northern, central and eastern parts of the country and progressed towards
the capital to bring down the government.
18. On 24 March 2013, the Seleka rebel coalition took control of Bangui. President
François Bozizé fled the country and the Seleka leader, Michel Am Nondokro
Djotodia, proclaimed himself as interim President. In the aftermath of this coup
d’état, the African Union decided to suspend the CAR from all of its activities
and imposed sanctions on Seleka leaders including Michel Am Nondokro
Djotodia.
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19. In early September, fighting between supporters of François Bozizé and Seleka
forces resulted in several deaths in the Bossangoa region, 300 km north of the
capital. Particularly violent fighting between the Seleka, composed primarily of
Muslims, and self-defence Christian militia referred to as “anti-balaka” claimed
numerous victims and caused massive displacements of populations. The scale
of violence prompted the start of operation “Sangaris” on 6 December 2013,
jointly conducted by French and African (MISCA) forces in the CAR with the
objective of restoring security in the country.
20. On 10 January 2014, the interim President Michel Am Nondokro Djotodia
resigned under pressure from ECCAS leaders who were at a summit meeting
in N'Djamena. On 14 January, the National Transition Council met to appoint a
successor to Michel Am Nondokro Djotodia. Mrs. Catherine Samba-Panza was
hence appointed President of the transition on 20 January 2014.
VI.
Origin and causes of the conflict in the CAR
21. The current conflict situation in the CAR is the result of multiple crises that the
country has lived through and were only partially resolved, albeit the root
causes were not addressed but rather ignored. The build-up of frustration and
multiple discriminatory acts compounded by the country’s increasing poverty
as a result of mismanagement by different governments that were marred by
corruption, fuelled the ex-Seleka rebellion dragging the country into an
unprecedented crisis.
22. Individuals met at different meetings held during this mission, clarified the
nature of the conflict in the CAR and the vast majority consider it more of a
political than a religious conflict. The religious connotation is due to the fact
that the two main militia groups involved in the conflict declare themselves
as Muslims for the Seleka 1 and Christians for the anti-balaka. 2
1 Seleka (“coalition” in Sango) is a coalition composed of political parties and rebel groups against the
CAR President François Bozizé. Created in August 2012, it included mercenaries from Chad, Libya and
Sudan and was officially disbanded in September 2013.
2 The Anti-balaka (anti-machete: balaka means machete in Sango) is a self-defence militia group created
in 2009 by farmers to fight against the “Zaraguinas”, highway robbers active in the northern and
western part of the CAR. At the onset of the conflict, the term “anti-balaka” was extended to include
insurgents, mainly Christian, who took up arms against the Seleka, as well as supporters of President
Bozizé and former soldiers of the FACA (Forces Armées Centrafricaines) opposed to the new President,
Michel Djotodia.
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23. The main reasons for the escalating violence in the CAR are: poor governance,
weakness of the armed forces, impunity, deteriorating living conditions of
populations, and mostly, the antagonism between the anti-Balaka and Seleka
militia groups.
A. Poor governance
24. It emerged from meetings held by the Delegation that the CAR’s current state
of collapse is due to the actions of successive governments that have
progressively weakened the government and judicial machinery as well as
the economic fabric.
25. Interlocutors underscored the inactivity of the State faced with numerous
human rights violations, particularly in the area of social and economic rights,
and certain discriminatory acts against Muslim populations. Furthermore,
prevalent impunity in the country has led to multiple abuses, which continue
to this day. Poverty levels of populations along with the failure of the State
and corruption, have also contributed to a deteriorating social, economic and
political situation in the CAR. A high-level government authority hence
represented that some ex-Seleka demands were legitimate but the means
deployed to claim these could have been otherwise.
B. Weakness of the Armed Forces
26. The CAR army, a victim of the multiple crises suffered by the country in the
past decade, has been considerably weakened and disorganized by the
successive enrolment among its midst of various ex-rebels. Moreover, lack of
means and training in addition to non-payment of wages greatly contributed
to prompting several officers to join the ranks of militia groups, first the
Seleka and then the anti-balaka.
27. Certain officers of the FACA joined the Seleka because of frustrations
stemming from the inability of ruling authorities to keep their promises on
improving the living conditions of populations and the concentration of
power in the hands of a select few for over a decade. For those, mostly
Christians, who joined the anti-balaka, their primary motivation was to
counter the ex-Seleka. However, in light of prevailing impunity, several of
them remained to share in potential rewards and benefits of racketeering
activities and other abuses committed by the anti-balaka.
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C. Impunity
28. Impunity is one of the key factors in the CAR crisis and its prolonged
existence. The judicial system, which was quite fragile in the past, was
completely destroyed during this crisis. Magistrates are being attacked and
are afraid to state the law. Some have been forced into exile to save their lives.
Others have been killed such as the Director of the Judicial Section,
assassinated in November 2013 by an armed group. Tribunals and courts in
Bangui and other areas within the country have been systematically
destroyed with the clear objective of destroying the files of certain persons
involved in judicial proceedings.
29. Further, authorities participate in this culture of impunity by setting free
several criminals 3, in particular individuals who are likely to be brought
before the International Criminal Court (ICC).
30. In the opinion of many individuals (Christians and Muslims) with whom the
Delegation held discussions, the crisis is deeply linked to impunity, and the
religious dimension is the result of political manipulation to cover up
impunity-related political actions, in particular.
D. Degradation of the living conditions of populations
31. The living conditions of populations in the CAR have progressively
deteriorated as a result of the numerous crises suffered by the country. There
is hence a chronic deficit of all resources (human, material and financial). The
central administration suffers from many shortcomings and is unable to
maintain the rare services provided by the State.
32. The health system is almost non-existent; hospitals are under-equipped and
lack personnel. Access to basic necessities such as water, food or electricity is
not guaranteed and malnutrition rates are high among young children. Most
dwellings are unhealthy and precarious.
33. The weak economy relied primarily on the informal system as there were no
investment programmes worthy of the name. Lastly, corruption and the
3Escapes from the Ngaragba prison were apparently orchestrated by the authorities to allow certain
high profile criminals with connections to these authorities evade justice.
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concentration of power in the hands of a small group did not allow for a fair
distribution of the country’s meagre resources.
E. Social discrimination against the Muslim community
34. The said institutional and structural discrimination against the Muslim
community (10%) has also fuelled the conflict. It was practised by all
successive regimes in power, who justified it by claiming that Muslims were
not “true” Central Africans but rather foreigners mainly from Chad, Sudan
and Cameroon. They do not have easy access to the civil service and the
majority are successfully engaged in the informal sector thereby stirring up
the jealousy and hatred of others.
F. Antagonism between anti-balaka and ex-Seleka
35. Permanent opposition between anti-balaka and ex-Seleka groups has
significantly contributed to escalating the conflict and prolonging its
duration. The two armed groups each seem to claim to represent a religious
community and have extended the conflict to the rest of the population
thereby rapidly creating confusion. For Christians, all Muslims are Seleka
whereas Muslims consider Christians as supporters of anti-balaka actions.
This is emphasized by the fact that the anti-balaka have the ability to blend
themselves into the masses and pretend to be like ordinary citizens making it
difficult to identify them and hence the confusion.
36. With regard to the comparison of Muslims to ex-Seleka, the confusion stems
from the fact that most of the latter who arrived in Bangui were Chadian,
Sudanese and Fulani mercenaries who spoke Arabic. And after the massacres
they perpetrated on the populations, the anti-balaka responded by equating
all Muslims to Seleka.
37. In 2013, tensions heightened between Muslim and Christian communities
after the Seleka came into power. The anti-balaka took up arms to “protect”
the Christian community from abuses of the Seleka who supported the
Muslim community in conflicts opposing these two communities. Though
they claim themselves as defenders of the Christian population, the antibalaka are mainly animists and recognizable by the many amulets they wear;
nevertheless some are Christians or Muslims.
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VII.
Human rights legal framework in the CAR
38. The Central African Republic is party to the African Charter on Human and
Peoples’ Rights which it ratified on 26 April 1986. It also ratified or acceded
to different regional and international human rights texts and conventions
such as the International Convention on the Elimination of All Forms of Racial
Discrimination ratified on 16 March 1972, the International Covenant on Civil
and Political Rights ratified on 8 May 1981, the International Covenant on
Economic, Social and Cultural Rights ratified on 8 May 1981, the Optional
Protocol to the International Covenant on Civil and Political Rights ratified
on 8 May 1981, the International Convention on the Elimination of all Forms
of Discrimination against Women ratified on 21 June 1991, and the
Convention on the Rights of the Child ratified on 23 April 1992.
39. At the country level, law nr. 13.001 adopted on 18 July 2013 on the
“Constitutional Charter on the Transition" (Constitutional Charter) provides
for promotion and protection of human rights. In its preamble, the
Constitutional Charter reaffirms its commitment to several conventions
relating to human rights and Part I “Fundamental bases of society” contains
18 articles on the fundamental rights of citizens of the Central African
Republic.
VIII. Findings of investigations on human rights violations during the conflict
in the Central African Republic
40. Based on its investigations, the Delegation noted that numerous violations
were committed, particularly:
- summary killings;
- violations of the right to life and physical integrity;
- restrictions on freedom of movement;
- acts of vandalism, destruction and looting of public and private property;
- recruitment of child soldiers;
- sexual abuse on women and young girls;
- cases of mutilation;
- cases of enforced disappearance;
- acts of violence based on religious belief.
41. The Delegation also looked into the situation of detainees and internally
displaced persons. Furthermore, several violations were committed during
conflicts between different armed groups and by certain MISCA military
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troops particularly in Bouali (Congolese troops) and in Bambari (Gabonese
troops). In addition, the social fabric is completely destroyed and intercommunity crisis situations are prevalent.
A- Summary killings
42. Several summary killings were committed in the capital city of Bangui and in
the provinces, Bossembélé in particular, where the Seleka are identified as
being the main perpetrators of these killings. However, the anti-balaka are
also guilty of several summary killings, some of which are of utter cruelty as
they cut up their victims into pieces with machetes.
43. These killings were perpetrated as acts of expeditious and summary justice
by the two opposing groups depending on their hegemony in the areas they
control.
44. Examples of this are the immolation of persons (often older women) accused
of witchcraft by the anti-balaka and/or killings and acts of torture (use of
arms, outside of the mainstream judicial system) perpetrated by ex-Seleka
elements or civilians under the command of ex-Seleka officers.
B- Violations of the right to life and physical integrity
45. The fighting in the Central African Republic has been of such violence that
it is impossible to have an exact number of victims. Several people (men,
women and children) have been massacred by different armed groups, exSeleka and Anti-Balaka as well as militia groups supporting former President
Bozizé, both in the capital and other parts of the country.
46. Several mass graves were also discovered in Bangui; the first located in the
area referred to as “la colline des panthères” (the hill of panthers) where about
30 bodies were found, and the second within the confines of a military camp
in Bangui (Support Services Battalion) where about 13 bodies were
uncovered. Entire families were exterminated. Acts of cannibalism have also
been reported in the city of Bangui.
47. Based on information obtained from different corroborative sources, 1,544
cases of violations of the right to life and 1,353 cases of violations of physical
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integrity were recorded in the city of Bangui and neighbouring localities for
the period from 5 December 2013 to 31 July 2014 alone.
48. These violations are often a consequence of direct confrontations between
anti-Balaka and ex-Seleka militia that are followed by reprisals against
civilian populations, killings and abuses perpetrated against civilians on the
basis of their religious beliefs as well as settling of scores.
C- Restrictions on freedom of movement
49. Populations in the Km5 neighbourhood, mostly Muslims, have been living
de facto in a confined area since 4 December 2013 as they are not allowed to
go beyond a virtual limit represented by the cemetery. Populations met stated
they did not know the reasons for which they were being confined. There is a
camp at the mosque within Km5 for internally-displaced persons.
50. Those living in surrounding neighbourhoods can go to Km5 although very
few take that risk, but those living in Km5 do not have the right to go outside
of the defined perimeter. Many students were therefore not able to complete
their academic year as they could not attend lectures at the university located
in another neighbourhood. Civil servants are also confined and cannot go to
their place of work. It was reported that those with family members in prison
were not allowed to visit them, leaving the latter to their fate. This creates
violent frustrations.
51. Moreover, populations reported that they are frequently attacked by the antibalaka who consider this neighbourhood as the stronghold of the ex-Seleka.
Inhabitants stated that there are no ex-Seleka elements among them and that
the actions of the latter have been prejudicial to the Muslim community by
contributing to the confusion that Seleka equals Muslim. They believe they
are suffering the consequences.
52. However, though they maintain they do not harbour ex-Seleka within their
midst, inhabitants recognized having received orders from certain authorities
to practice self-defence. Groups of young people therefore organized
themselves to defend the neighbourhood against attacks by the anti-balaka
with the arms they collect after fights.
D- Deterioration of the socio-economic situation
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53. The majority of public infrastructure was destroyed through bombing or
looting. The Delegation was informed that the reason behind the looting by
ex-Seleka in Bangui was that warlords were not able to pay their fighters and
therefore encouraged them to loot. The anti-balaka also perpetrated acts of
vandalism and other wrongdoings. Hence, almost all ministries, hospitals
and schools were looted and destroyed in Bangui and in-country according
to information received.
E- Recruitment of child soldiers
54. Children have been direct and indirect victims of the conflict. Direct victims
through their participation in the conflict as child soldiers and indirectly as
collateral victims of the conflict. It is estimated that between 8,000 and 10,000
children are associated with the different armed groups. Children were
exploited at the height of the battle and placed on the front line when the exSeleka were taking over Bangui. In general, they were given drugs and
alcohol when taken away from their families and exploited to perform
various tasks: fighting, theft, spying, cooking, sexual slavery (especially girls)
and other tasks as required.
55. Approximately 910 children presumably associated with the anti-balaka were
identified in 7 sites within the Commune of Boali. 4 It was corroborated that
721 of these children, including about one hundred girls, were associated with
the anti-balaka militia. The Anti-balaka confirmed having 159 child soldiers
with them at Boye-Yabe (4th borough of Bangui). Only 25 of these children
were formally identified. Among them are four girls, two of whom were
enrolled from the provinces, in the village of PK 55 and Boda. 5 It was reported
that several child soldiers were killed or wounded between January and
March 2014 (38 killed, 172 wounded, 8 cases of rape and 11 kidnappings).
However some of these allegations were not formally substantiated. 6
56. About 1,500 children were receiving support from UNICEF through the DDR
(Demobilize, Disarm and Reintegrate) programme, but some of them have
apparently left the reintegration camp at the instigation of warlords who
continue to have control over the children.
4 Information provided by the MISCA human rights unit
5 See previous footnote
6Figures made available to the Delegation cover the period from January to September 2014
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F- Sexual violence against women and young girls
57. The exact number of gender-based violence committed in the Central African
Republic is difficult to assess because numerous cases have not been reported.
However, many women have been sexually abused and several cases of
young women, victims of early and forced marriage (particularly those
associated with armed groups), unwanted pregnancies and rape, have been
reported.
58. Violence against women existed prior to the crisis, in particular, female
genital mutilation (FGM), violence relating to accusations of witchcraft and
domestic abuse. These abuses increased drastically with the crisis. A total of
4,367 cases were reported between December 2013 and March 2014 7, of which
1,015 cases were reported during the first quarter of 2014 and 13% of rapes
committed on minors (-18). It was also reported that in 74% of cases, the
perpetrator was an armed man. 8
59. Among displaced women, many declared being rape victims and some were
subject to gang rape. A victim stated that she was gang raped after her son
was killed. Displaced women informed the Delegation that these abuses were
still on-going, especially at the M'poko camp which the anti-balaka frequently
infiltrate. 9
G- Mutilations
60. Several cases of mutilation were reported at Km5. The Delegation was
informed that identification of certain bodies was difficult because of how
badly they were mutilated; the anti-balaka perpetrate acts of mutilation the
most, cutting up limbs and decapitating corpses. Moreover, cases were also
reported on the removal of genital organs of corpses. Decapitation,
amputation and emasculation of persons killed have become routine. For
some people, genital organs are removed for occult practices or as proof that
the victim was truly killed.
H- Enforced disappearances
7 See previous footnote
8 Source: MISCA human rights unit
9 It becomes difficult to identify them when they remove the amulets they are saddled with and which
characterize them.
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61. Several disappearances were reported but it is difficult to evaluate the exact
number of cases. Causes vary between death (body not found to date) and
separation, especially with regard to children separated from their parents
due to the conflict. A case of disappearance involving 12 individuals and
blamed on MISCA Congolese troops was reported (see paragraph 63).
I- Acts of violence based on religious belief
62. Several acts of violence have been and continue to be perpetrated against
people because they belong to a given religious community (Christian or
Muslim). The antagonism between ex-Seleka and anti-balaka, each claiming
to defend one community or the other (Christian for the anti-balaka and
Muslim for the ex-Seleka) has contributed to giving the conflict a religious
connotation by creating the false belief that Muslim equals Seleka and
Christian equals anti-balaka.
63. Numerous Muslims were killed because they were equated to the Seleka, to
the extent that Muslim populations in Km5 revolted against the Seleka for
creating this confusion prejudicial to them. Likewise, Christians were
attacked and killed for their supposed affinity with the anti-balaka because of
their religion. Paradoxically, Christians who helped Muslims and vice-versa
were considered as traitors by their community and attacked by one or the
other group.
64. Several massacres were perpetrated throughout the country. Both by the antibalaka on Muslim populations and by the Seleka on non-Muslims. The
Ombella-Mpoko district witnessed several massacres perpetrated by both
groups. On 8 January 2014, over 30 people were massacred in Boyali on the
Boali road. Between 16 and 18 January 2014, the bodies of about 43 Muslims
killed by the anti-balaka were found in Bossembélé.
65. Furthermore, nearly one hundred victims of Christian denominations were
uncovered in the Nana-Mambéré district following the massacre perpetrated
by the ex-Seleka and Muslim civilians on 22 January 2014.
J- Violations of the right to education
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66. One of the consequences of the armed conflict in the Central African Republic
is looting and destruction of school infrastructure. Schools have therefore
been closed leaving a significant number of children out of school. Only the
University of Bangui and private and denominational schools are operational.
K- Violations committed by MISCA military contingents
67. MISCA military contingents are also guilty of certain abuses; this is especially
the case for Congolese troops in Boali and Gabonese troops in Bambari.
a. The Boali case
68. In March 2014, Congolese troops in Boali, situated 80 km from Bangui, were
accused of being implicated in the enforced disappearance of civilians in this
locality. According to information made public by the NGO Human Rights
Watch, Congolese military apparently surrounded the house of an anti-balaka
leader and captured at least 11 individuals who seem to be unaccounted for
to date.
69. The attention of the Congolese authorities was drawn to this matter and an
investigation conducted. The AU Special Representative and Head of MISCA
decided to temporarily relieve the commander in charge of troops posted at
Boali from his duties and change all soldiers in that unit who were on duty in
this locality at the time of the incident. The troops were later sent home but
the investigation is still underway.
b. The Bambari case
70. In Bambari, the close proximity between the population and the troops led to
sexual abuses by the latter mostly on women and young girls. The main
reason is the state of poverty in which populations live, particularly women,
making them vulnerable and easy preys.
L- Situation of displaced persons
71. Multiple human rights violations committed by the different armed groups
have resulted in the massive displacement of populations both within and
outside of the country. There were over 100 sites and almost 600,000 displaced
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persons in Bangui. Following an improvement in the security situation, some
sites were closed but many are still operational.
72. Based on information gathered from the MISCA human rights unit, there
were 490,024 displaced persons in the CAR at 10 September 2014 of which
65,024 were located in Bangui in 37 sites and in host families, and 425,000 in
other parts of the country.
73. According to the same source, the number of Central Africans living as
refugees in neighbouring countries was estimated at the same date at 416,437
including 179,915 arrivals since December 2013.
74. The Delegation visited the camp located at the Km5 mosque. Its planned visit
to the M'poko camp could not be conducted because it was reported that two
people were allegedly killed around that area and access to the camp was
therefore restricted. The Delegation however met with displaced persons
from the M'poko camp (mostly women) outside the camp.
75. During these discussions, the Delegation was informed of sexual abuses,
particularly rapes, committed frequently at this site and of continuing
insecurity. They indicated that the anti-balaka would invade the camp and
blend in with the population. Indeed, the anti-balaka, after taking off their
amulets, frequently penetrate the site to commit violations. Since the military
are not allowed into the camp, it is difficult to ensure the complete safety of
the site. A week prior to the mission, a woman was allegedly victim of a gang
rape in the camp after her husband was killed.
76. Most displaced persons are afraid to return home for lack of safety reasons.
However, many leave the camp during the day to tend to their businesses and
only return in the evening to spend the night. Many want to leave the camp
but fail to do so because of the insecurity and lack of housing; their homes
have been completely destroyed. The HCR established a strategy to
encourage people to return home by opening a site that accommodates people
only for the night. The site is becoming increasingly empty with the arrival of
international troops who have contributed to improving the security
situation. Nonetheless, some people remain on these sites so as to receive free
healthcare. An understanding was reached with the Ministry of humanitarian
18
affairs to organize free healthcare campaigns in various neighbourhoods and
hence reduce congestion in these sites.
77. Displaced persons at the Km5 mosque are in a singular situation, for they are
located in a neighbourhood that is de facto confined and this makes them
highly dependent on humanitarian aid. They depend solely on aid from
NGOs and UN agencies for survival.
78. Displaced persons indicated that MSF distributes medicines but they have
difficulty feeding themselves because WFP has apparently stopped
distributing food rations since March. Women met by the Delegation
informed that Caritas provided rations to children and deplored that the HCR
is not doing more for displaced persons at the camp.
M- Situation of detainees
79. The Delegation visited the Ngaraba prison, the only functional prison in
Bangui in addition to the women’s prison at Bimbo. The Ngaraba prison is
able to accommodate 500 prisoners and currently has a prison population of
425 individuals. Prison authorities indicated that many detainees were
brought over without a committal order but the judiciary was working to
regularize their status. During our visit, there were 105 detainees with no
committal order and whose status was yet to be regularized.
80. The Delegation also noted that the period of detention pending trial was quite
lengthy for some. This was not only due to dysfunctional courts but also
because the Bangui courts do not have territorial jurisdiction to hear cases
relating to offences committed outside of its area. This is particularly the case
for detainees from the Mamberé K Kadée district (Berberati and Carnot), from
Nana Mambéré (Bouar and Gaho), from Songha Mbaéré (Nola) and from
Kemio (Sibut).
81. They also indicated that the anti-balaka and ex-Seleka were detained together.
Though there was some friction in the early stages, the situation has improved
between the two groups. Offences for which they are detained include: theft,
attempted burglary, looting, destruction of property, assault and battery,
illegal detention of arms, fraud, embezzlement, indecent exposure, forgery,
and misappropriation of funds. There are 16 minors among detainees.
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82. It appears that the fight against impunity is still a challenge. Very few
detainees have a direct connection with the conflict. The few protagonists in
the crisis who have been arrested, or were arrested, were quickly released by
order of some senior officials of the country or escaped.
N- Inter-community crises
83. Tensions have erupted at the community level throughout the country
because the confusion on this being a political or religious conflict is
constantly being fuelled. Numerous incidents have hence occurred between
Muslim and Christian communities, some with more or less serious
consequences.
84. In March 2014, in the Fatima neighbourhood where the two communities
lived harmoniously prior to the crisis, a grenade attack on a Christian family
by a group of young Muslims because of a land dispute exacerbated already
existing tensions. The attack resulted in 12 deaths and over twenty wounded.
85. The Delegation was informed that fighting between MISCA and the antibalaka in Carnot (western part of the country) led to 8 fatalities and 8
wounded between 23 and 25 May 2014. The fighting took place because
populations were displeased with the protection of displaced Muslims
relocated to the camp site at the Martyrs of Uganda Catholic church. The
presence of the anti-balaka in the town contributed to stirring up hatred
towards Muslims and led to repeated attacks on the site. Moreover, MISCA
troops clashed with the anti-balaka who refused to be disarmed and the
fighting lasted for almost 3 days.
O- Looting and destruction of property
86. Violent inter-community clashes also took place at Boda, an area located at
around 200 km from Bangui. Christian populations accused Muslims of
supporting the ex-Seleka upon the latter’s arrival in town and for looting their
property. According to the report of the MISCA human rights unit, nearly
1,150 houses were allegedly destroyed and about 506 stores and stalls in
20
addition to administrative buildings looted and destroyed. 10 Several deaths
were reported and many wounded.
P- Destruction of the social fabric
87. Reconstruction of the social fabric is the greatest challenge that the CAR has
to address in the future in order to rebuild itself. The divide between
communities is so wide it would take years to bridge. Moreover, if this issue
is not handled with care, it could pave the way for another conflict with more
devastating consequences than currently.
88. Depending on which community you are talking to, the “other” (Muslim or
Christian) is the “problem” or at least the source of all problems. Although all
those with whom the Delegation met specified that this was not a religious
conflict and that there was political manipulation, the distrust between the
two communities is deep-rooted. For many non-Muslims, Muslims are
foreigners; as if there is not one Muslim who is Central African and that
people of Muslim faith all come from elsewhere.
IX.
Responsibility for the various violations committed
89. Based on testimonies and reports collated, armed groups are the key
perpetrators of violations identified. However the responsibility of
government authorities and the army must also be taken into consideration.
A- Responsibility of armed groups
90. The anti-balaka perpetrated numerous massacres against Muslim civilian
populations to such an extent that human rights organizations have accused
them of conducting ethnic cleansing operations targeting Muslim
populations. The most radical continue to frequently perpetrate massacres
against civilians (Muslims and non-Muslims).
10
Findings of investigations conducted by the MISCA human rights unit
21
91. The ex-Seleka have committed numerous violations and attacked
populations in retaliation for not providing them with support on their way
to Bangui. These reprisals (killings, rape and looting) were especially targeted
at Christian populations. Despite having been disbanded in September 2013
by Michel Am Nondokro Djotodia, they continue to perpetrate violations to
this date. By targeting Christian populations, they contributed to creating
distrust between the communities and destroying the social fabric.
B- Responsibility of government authorities
92. Promises unfulfilled by the different governments in addition to the
superficial resolution of previous crisis situations have fuelled frustrations
and contributed to creating the Seleka rebellion. Furthermore, the State is
responsible for the upsurge in violence as a result of its inability to protect
populations against abuses perpetrated by armed groups and also by
elements of its own army.
C- Responsibility of the army
93. The army is incapable of protecting populations against attacks of armed
groups for it is disorganized and weak. The defeat suffered at the hands of
ex-Seleka rebels prompted many officers to join the ranks of the anti-balaka.
They hence participated in many abuses perpetrated by the anti-balaka and
contributed to making it more dangerous through the expertise and arms they
brought along with them. It was also reported that the army is ill-disciplined
and perpetrates many summary killings.
D. Responsibility of MISCA contingents
94. The Delegation noted cases of human rights violations committed by MISCA
troops. It however observed that, to date, proceedings have not been brought
against perpetrators. Alleged perpetrators of these violations must be brought
before the competent courts to answer for their deeds.
X.
Actions taken towards combating impunity, conflict resolution and
peace-building
95. Since the appointment of the transitional government, certain measures have
been taken to re-establish the authority of the State throughout the territory.
A special procedure was hence established to accelerate delivery of committal
22
orders of the numerous detainees held without charge. A special investigation
unit was established and certain cases will soon be referred to the
International Criminal Court (ICC). A ministry in charge of communication
and national reconciliation was also created to implement the government’s
programme on issues relating to social cohesion and reconciliation. It is
worthwhile to note that a law on the protection of property of displaced
persons and refugees to guarantee their return is in the course of being
adopted.
A. Law on protection of property of displaced persons and refugees
96. The purpose of the law is to protect the property of individuals who had to
flee from their homes to escape violations. In most cases, their properties
were seized by armed groups or by the populations preventing them from
returning to their places of origin. By virtue of this law, the transitional
government not only intends to encourage people to leave camp sites and
return home, but also to strengthen social cohesion and rebuild community
life.
B. Legal proceedings
97. A special investigative unit has been established to address issues relating to
jurisdictional authority over certain violations and prevent the collapse of the
criminal justice system (dysfunctions and lack of courts in most regions).
However, it is yet to be operational due to lack of resources.
98. For offences in the sphere to international human rights law and international
humanitarian law, the Delegation was reassured that cases will be
transmitted to the International Criminal Court (ICC); a statement has been
prepared in this regard.
99. Also, in an effort to regularize the situation of detainees held at the Ngaragbba
prison without charge, a special procedure was adopted by the prosecution
to speed up processing of cases and ensure that each detainee has a committal
order and is formally charged for court proceedings to commence.
C. Establishment of the Ministry of Communication and National
Reconciliation
23
100.
This Ministry has the heavy burden of mending the social fabric by
encouraging social cohesion. To this effect, it introduced a Comprehensive
Reconciliation Strategy which includes an emergency plan that should make
an immediate impact and thus contribute to restoring security, easing
tensions between communities, ending extreme violence and commencing
the process against impunity. The emergency plan is referred to as the
“Emergency action plan for reconciliation and social cohesion in the Central
African Republic”.
D. Initiatives taken by religious groups and civil society
101.
Religious groups have created a platform composed of representatives
from all religious communities. The platform is a forum for raising the
awareness of the population about social cohesion, national reconciliation
and forgiveness. Civil society organisations are also playing an active role in
conveying messages of peace to the population.
XI.
Conclusion and recommendations of the mission
A- Conclusion
Following this fact-finding mission and subsequent to discussions with all
stakeholders, the Delegation has come to the following conclusions:
102.
The conflict destabilizing the Central African Republic is a political and
not a religious conflict. However, it has been transferred to communities,
opposing the Muslim community to the Christian or Animist community.
This is a very complex conflict with many causes, in particular, a poor
management of previous crisis situations by successive governments and
their negligence in addressing the basic needs of populations (health,
education, unemployment, etc.) thus creating frustrations which led to the
birth of the Seleka and the consequences we know so well.
103.
A completely failed State and a weak and ill-disciplined army also
contributed to the escalation of violence. The inability of the army to ensure
the safety of populations against abuses of the Seleka, and the anti-balaka at
a later stage, further discredited the State. Moreover, collusion between
24
certain elements of the army and armed groups is not without bearing on the
weakness of this army.
104.
The Delegation also noted that despite the stated objective of the
transitional government to put an end to the violence and restore social
cohesion, efforts so far deployed are not substantial enough and should be
reinforced through actions involving all communities so as to achieve
meaningful social cohesion.
105.
The discovery of mass graves in Bangui, the violence and varied nature
of abuses, targeting of victims by armed groups as well as the number of
people on whom violations were perpetrated have led the Delegation to
conclude that serious and massive human rights violations were and continue
to be committed in the CAR.
106.
The Delegation welcomes the decision of the transitional government to
transfer certain cases to the ICC. This is a sign of its determination to end
impunity. The Delegation however deplores the fact that alleged perpetrators
and/or those who ordered these violations throughout the country do not
seem to be concerned by these measures for most of them have either not been
arrested, have been released by order of the authorities or have escaped and
fled.
107.
Insecurity is a major and constant challenge following the proliferation
of arms within civilian populations. Armed groups are also still potentially
dangerous and remain a threat to political stability.
108.
Displaced persons are in a very critical situation and a lasting solution
must be found. Furthermore, it is important that those living in the Km5
neighbourhood regain their freedom of movement immediately for the
national reconciliation process and rebuilding of the social fabric to succeed.
The gradual return of displaced persons to their places of residence must be
accompanied by certain measures such as access to health services and
education for children in particular as well as nutritional support.
109.
The Delegation notes that the Central African Republic is a country that
is to be completely restructured and rebuilt, not only through its institutions,
but through reconciliation of its people as well. It would therefore like to
encourage the transitional government, political authorities and the entire
25
Central African population to work towards restoring peace, security and
social cohesion, and fighting impunity and corruption.
110.
In light of this brief analysis, the Delegation makes the following
recommendations.
B- Recommendations
To the transitional authorities of the Central African Republic
-
Take all urgent and necessary measures to restore the authority of the State
throughout the territory;
-
Take all measures for the establishment of the rule of law and a democratic regime
capable of ensuring good governance at the political, judicial and economic levels;
-
Take all necessary measures to combat impunity by prosecuting perpetrators and
those behind violations committed in the CAR, and refrain from sacrificing human
rights to satisfy any consideration whatsoever;
-
Take all necessary measures to strengthen and ensure the smooth running of
national courts through, inter alia, the speedy reinstatement of the criminal justice
system, training of magistrates and creation of a special chamber to try perpetrators
of crimes committed during the crisis period;
-
Take all necessary measures to rehabilitate prisons throughout the country in order
to address the issue of jurisdictional authority for detainees from regions outside
of the capital city;
-
Provide the financial and material resources necessary for the deployment of
magistrates in order to facilitate access to the judicial system for victims of human
rights violations nationwide;
-
Provide the Special Investigation Unit with adequate means to effectively fulfil its
mission;
-
Take the necessary measures to guarantee the safety of populations living in Km5
and put an end to their de facto confinement. This is a prerequisite for
26
implementation of the “Emergency action plan for reconciliation and social
cohesion in the Central African Republic”;
-
Rehabilitate infrastructures to facilitate access for populations to basic social
services throughout the territory;
-
Take all necessary measures to address the issue of poor governance and
complacency deplored by the population;
-
Take all necessary measures to reinforce the CAR army enabling it to better address
security issues in the country and ensure the training of its officers;
-
Bring before the competent courts all persons, whether civilian or military, accused
of perpetrating human rights violations;
-
Take all necessary measures to combat poverty by stimulating the economy for the
benefit of its population;
-
Provide the Ministry of Communication and National Reconciliation with the
necessary material and human resources allowing it to effectively fulfil its mission;
-
Make the concrete steps required to disarm the civilian population;
-
Take all necessary measures to put an end to the recruitment and exploitation of
children for military purposes or otherwise;
-
Pursue efforts to demobilize, disarm and reintegrate (DDR) children enrolled in
armed groups and ensure that all child soldiers are included in the DDR process;
-
Implement the African Union Convention for the protection and assistance of
internally displaced persons (Kampala Convention);
-
Reform the Human Rights High Commission in accordance with the Paris
Principles and provide it with the necessary human and financial resources for the
implementation of its human rights promotion and protection mandate;
-
Establish an impartial justice, truth and reconciliation committee to foster genuine
social cohesion and lay emphasis on truth and justice;
27
-
Learn from examples of transitional justice processes in countries in the region and
even beyond the continent in order to find a solution to the longstanding conflict.
To the AU and MINUSCA
-
Continue providing support to CAR authorities for the establishment of good
governance practices throughout the country as well as to fight impunity;
-
Continue providing support to transitional authorities for a return to peace and
security in the Central African Republic;
-
Work in close collaboration with the African Commission and the UN Independent
Expert on Central African Republic for an effective implementation of these
recommendations.
To the AU
-
-
Ease sanctions taken against the CAR after the coup d’état of 24 March 2013 in
order to give them the possibility to take part in discussions and decisions for a
resolution of the crisis and genuine reconstruction in the country;
Pursue on-going investigations on violations committed by MISCA troops and
ensure that perpetrators are brought to justice before the competent courts.
To MINUSCA
- Continue efforts to rebuild a State that observes the principles of international
law and whose citizens are key stakeholders, equal in rights and duties;
- Ensure that all members of armed groups (ex-Seleka and anti-Balaka) are
equally eligible for and enrolled on the DDR programme;
-
Provide the State with support to ensure that the national radio is able to
broadcast nationwide and that messages aired focus on peace-building
between the different communities.
-
Support the Office of the High Commissioner for Human Rights in carrying
out its human rights promotion and protection mandate.
To international organizations and the international community
28
-
Strengthen security and improve living conditions at camp sites for displaced
persons;
-
Support the CAR’s efforts to rebuild its economy through aid and strategic
support;
-
Provide technical and financial assistance to CAR authorities with a view to
fighting impunity and restoring the authority of the State;
-
Continue to support efforts deployed by the CAR government for the promotion
and protection of human rights, consolidation of democracy and rule of law.
-
Support the work of religious groups and human rights organisations in order for
the latter to contribute to the government’s efforts to promote and protect human
rights.
To religious leaders
-
Continue efforts aimed at educating and raising awareness among communities on
peace and national cohesion through inter-community actions to achieve the
objective of “living together in harmony”.
To civil society organizations
-
Assist victims of violations to take their cases before the competent courts;
Continue to accomplish their human rights observation mission in an impartial
manner;
Give priority to information-sharing and networking for enhanced coordination
among the different partners working on human rights in the CAR;
Become more involved in the economic, social and cultural life of their country
bearing in mind the adage “strength through unity”;
Participate actively in the emergence of a national consciousness that transcends
the philosophical or religious views of each individual. Recognize their ability to
resolve their own problems and not to wait for solutions from abroad.
29