AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human &
Peoples’ Rights
Commission Africaine des Droits de
l’Homme et des Peuples
Kairaba Avenue, P. O. Box 673, Banjul, The Gambia; Tel: (220) 4392 962; Fax: (220) 4390 764; E-mail: achpr@achpr.org; Web
www.achpr.org
Re: ACHPR/37/OS/11/433/draft
AFRICAN COMMISSION ON HUMAN
AND PEOPLES’ RIGHTS
DRAFT REPORT OF THE MISSION TO
THE CENTRAL AFRICAN REPUBLIC
BY COMMISSIONER KAMEL REZAG BARA
(21st - 29th August 2004)
DRAFT REPORT OF THE MISSION OF PROMOTION
TO THE CENTRAL AFRICAN REPUBLIC
BY COMMISSIONER KAMEL REZAG BARA
1.
INTRODUCTION:
1. In conformity with its mandate to promote human rights in the State Parties
to the African Charter on Human and Peoples’ Rights (Article 45 of the
African Charter on Human and Peoples’ Rights), the African Commission
on Human and Peoples’ Rights follows very closely the development of the
human rights situation in the State Parties to the said Charter, in particular in
the Central African Republic. 1
2. For the purpose of collecting credible information and discussing with the
State Authorities, the members of Civil Society Organizations and all the other
actors working in the field of human rights in the State Parties, the African
Commission fields missions in the said States as regularly as possible. Thus,
in terms of geographical distribution of the State Parties among the members
of the Commission, each Commissioner has the responsibility of carrying out
promotional activities in a specific number of States.
3. Commissioner Rezag Bara is the Commissioner in charge of promotional
activities in the Central African Republic, among other States. It is in this
context that the promotional mission to the Central African Republic was
carried out, in conformity with the terms of reference which specify the
objectives and the composition of the mission.
4. Mr. Robert Ayeda KOTCHANI, Jurist at the Secretariat of the African
Commission on Human and Peoples’ Rights accompanied and assisted
Commissioner REZAG BARA.
II.
TERMS OF REFERENCE OF THE MISSION:
5. The mission to the Central African Republic was aimed at developing the
relations between the African Commission and the Central African Republic in
the spirit of constructive dialogue that the African Commission maintains with
the State Parties to the African Charter. In consequence, the meetings that the
delegation of the mission had with the Central African Authorities were aimed at:
1
a.
Informing the Central African political Authorities about the
activities of the African Commission.
b.
Inviting the Central African Republic to play a more active part in the
work of the African Commission (Sessions and others).
c.
Obtaining information about the general human rights situation in
the Central African Republic and about the efforts being deployed by
Government to improve it.
The Central African Republic ratified the African Charter on the 26/04/1986.
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III.
d.
Acquiring precise information on the allegations of human rights
violations which took place in the Central African Republic during
and shortly after the arrival in power of the current regime (March
2003).
e.
Discussing with the Government of the Central African Republic the
need for it to do its utmost in bringing the perpetrators of the abovementioned violations to justice, so as to make them answer for their
acts.
f.
Drawing the attention of the Central African Government on the
need to give full effect to the provisions of the African Charter on
Human and Peoples’ Rights as well as to the other pertinent human
rights instruments that the Central African Republic has ratified.
g.
Insisting on the need for the Central African Republic to present its
outstanding Reports to the African Commission, as required by
Article 62 of the African Charter and requesting assistance from the
African Commission if need be.
h.
Urging the Central African Republic to create a National Human
Rights Institution with the composition and mandate in conformity
with the requirements in this field, the documents and pertinent
principles of the United Nations and the African Commission.
i.
Pointing out the need for the Central African Government to
continue sending representatives to the Commission’s Sessions and to
encourage the Central African NGOs to do likewise.
j.
Conveying the constant readiness of the African Commission to
provide its contribution to the effort of promoting and protecting
human rights in the Central African Republic.
k.
The delegation on mission to the Central African Republic would also
meet with the members of the Central African Civil Society and other
Organisations, in particular:
l.
The representatives of the NGOs, Leagues and Associations working
in the field of human rights namely: the leaders and members of
Bangui Bar, the Central African trade unions and the international
humanitarian organisations and agencies based in Bangui.
GENERAL INFORMATION:
a)
Geography and Economy of the Central African Republic:
6. The CAR has a total surface area of 624,000sq.kms, with a population of
3,800,000 inhabitants and shares borders with the Democratic Republic of
Congo, the Republic of Congo, Cameroon, Sudan and Chad.
3
The principal cities of the country are:
•
•
•
•
•
•
Bangui :
Berberati:
Carnot:
Bouar:
Bambari:
Bangassou:
553,000 inhabitants
42,000 inhabitants
41,000 inhabitants
40,000 inhabitants
39,000 inhabitants
33,000 inhabitants
7. The Administrative Divisions: 16 Police Headquarters, and 1 local government
area**; Bamingui-Bangoran, Bangui**, Basse-Kotto, Gribingui*, Haute-Kotto,
Haute-Sangha, Haut-Mbomou, Kemo-Gribingui, Lobaye, Mbomou, NanaMambere, Ombella-Mpoko, Ouaka, Ouham, Ouham-Pende, Sangha*, Vakaga.
8. The principal natural resources of the country are diamonds, uranium, timber, oil
and hydroelectric power.
b)
Some historical and political landmarks:
9. The former French colony of Oubangi-Shari became the Central African
Republic at its independence on the 30th August 1960. After 3 tumultuous
decades of disorder for which the military Governments were entirely
responsible, a civilian Government was put in place in 1993.
10. The main ethnic groups are: the Baya 33%, the Banda 27%, the Mandjia 13%, the
Sara 10%, the Mboum 7%, the M’Baka 4%, the Yakoma 4% and the rest 2%.
Religious beliefs are dominated by: traditional beliefs 35%, Protestants 25%,
Catholics 25%, Muslims 15%. It is important to note that animist beliefs and
practices strongly influence the Christian majority and the Muslims.
11. French is the official working language but numerous other national languages
are spoken. Sangho is spoken and understood by the majority of the population.
12. Since its independence in 1960 up to the first pluralist elections of the 22nd
August 1993, except for the brief parenthesis of the second presidency of David
Dacko (1979-1981), the Central African Republic only had authoritarian political
regimes, from the first presidency of David Dacko (1960-1965) to the military
and single party regime of General André Kolingba (1981-1993), via the excesses
of the President for life – Jean Bedel Bokassa who became Emperor (1966-1979).
The democratic transition has been very laboured in this country which was then
in a situation of economic quasi-bankruptcy and where the non-payment of
salaries gave rise to long strikes by the Public Service Officials.
13. In spite of the pressure, the Central Committee of the single Party, the Central
African Democratic Party (CADP) rejected the multiparty system and President
Kolingba dismissed the idea of a national conference. After the publication in
March and May 1990 of two open letters violently opposed to General
Kolingba’s regime, the Opposition grouped together under the Coordination
Committee for the convening of a national conference (CCCNC) and the Union
of Central African workers unions (USTC) embarked on a major political and
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social uprising in 1990-1991. Faced with the intensity of internal and external
pressure, President Kolingba proclaimed his favour of a multi party system in
April 1991. Political prisoners were liberated, political parties were legalised on
the 31st August 1991 and the freedom of trade unionism, suspended in July, was
re-established on the 1st November of the same year.
14. Whilst the Opposition from now on regrouped within the Democratic Forces
Party (CFD) led by the Professor Abel Goumba, already Vice-Chairman of the
Government Council in 1957, the Executive continued to delay the
democratization process. After having accepted the principle of holding a
national conference initially, President Kolingba ended by convening a “major
national debate” which was boycotted by the Opposition. The unsuccessful
attempt at presidential elections on the 25th October 1992, precipitated a change
in France’s political position, the sole power within the international community
to support an unpopular regime which was bankrupt.
15. The organization of pluralist presidential and legislative elections on the 22nd
August and 19th September 1993 was done under the strict control of the
international community, France in particular whose special top representative,
Michel Lunven, coordinated the mission of international Observers whilst the
French troops stationed on the ground in the two permanent bases of Bangui
and Bouar, exceptionally placed under his command, were mobilised to
participate in the material organization of the electoral operations.
16. Ange Félix Patassé, former Prime Minister under Jean-Bédel Bokassa, was elected
President of the Republic on the 19th September 1993 with 53.45% of the votes,
surpassing the CFD candidate Abel Goumba, the former President Kolingba
having been eliminated from the 1st round, with only 11% of the votes. The
President’s Party, the Central African Peoples’ Liberation Movement (MLPC),
had also obtained 33 seats at the legislative elections and had benefited from the
break up of the CFD to gain a comfortable parliamentary majority, Abel
Goumba’s 7 Parliamentary Members of the Patriotic Front for Progress (FPP),
member of the International Socialist, and the 14 Members of the Central
African Democratic Party (RDC), a former single Party, remained clearly in the
Opposition.
17. The new Constitution adopted by referendum on the 28th December 1994 with
82% of the votes, but with only 40% participation, had been promulgated by
Decree on the 14th January 1995.
18. The political situation however very rapidly became tense. Seven Opposition
Parties joined together in the democratic council of the Central African
Opposition (CODEPO) from November 1995 in denouncing the authoritarian
and ethno centrist nature of Ange Félix Patassé’s rule. Political and economic
problems compounded each other, a part of the army rebelled in April 1996
calling for the payment of their salaries. An intervention by the French troops
ended the rebellion, but faced with the threats on the military officers who had
participated in it, in spite of the promise of amnesty from the Head of State, the
operation happened again in May and took on a political dimension. Another
intervention by the French soldiers ended this one also and President Patassé
promised to set up a Government of national unity. But by the end of May the
5
rebellion had turned into war opposing the loyal and French troops on the one
side and the rebelling soldiers on the other.
19. During 1996 and 1997, confrontations, peace accords and broken truces
succeeded each other. The agreements between the political forces led in June
1996 to the nomination of a Prime Minister, but the CODEPO refused to join
the Government. Members of Parliament even called for the indictment of the
Head of State in January 1997. The different crises made Chad, Gabon, Burkina
Faso and Mali initiate several mediation efforts. With their support, the Central
African Collaboration and Dialogue Commission arrived at a reconciliation
Accord.
20. The Bangui Accords, signed on the 25th January 1997 provided for the creation
of an inter-African mission for the monitoring of the Bangui Accords (MISAB)
and of an international monitoring committee (CIS) from the UN. The MISAB,
comprising soldiers from the mediating countries and supported by France, was
set up on the 12th February and a new Government of action for defense and
democracy in which all the political parties participated, was formed. Skirmishes
between rebels and the MISAB took place in March, May and June, putting the
Bangui Accords at risk.
21. The UN set up a United Nations Mission in the Central African Republic
(UNMICAR) made up of 1400 men with the mission of ensuring respect for the
Accords signed between the different Parties. France, which had provided
military logistical support to the UNMICAR since its establishment in 1998
decided in January 1999 to end its contribution. Uncertainty also remained with
regard to the renewal of the Mission’s mandate with the presidential elections
scheduled for August and September 1999.
22. The maintenance of an international Accord monitoring group was more crucial
considering that the elections were prone to conflict in view of the existing major
political and ethnic splits. The last legislative elections of December 1998 had
been an extra opportunity for opposition. The disorganization which
characterized the first round almost compromised the elections, although the
operations had been entrusted to a mixed Independent Electoral Commission
(CEMI), within which all the Parties had been represented. The second round
which was held on the 13th December initially gave absolute majority to the
Opposition with 55 seats. But the Opposition Union (UFAP) quickly broke up
and benefiting from a coalition of 5 Independent Candidates and a Member of
Parliament from the Social Democratic Party (PSD), the MLPC very quickly
acquired majority with 55 seats. President Patassé thus avoided a cohabitation by
appointing his former Minister of Finance, Anicet Georges Dologuélé as Prime
Minister. The Opposition contested this which it regarded as a Company for the
corruption and purchase of Parliamentarians.
23. Furthermore the Opposition has been calling for institutional reform for several
years now. It considered that the distribution of powers was distorted in favour
of the Head of State and constituted a danger for democracy. However, no
reform was carried out apart from the number of Deputies which increased from
85 to 107. At the last legislative elections held end of 1998 the presidential sphere
of influence managed to scrape up an absolute majority by means of alliances
6
which the Opposition qualified as manipulation. The presidential elections of the
19th September 1999, organized in a context of political tension and State decline
had been won by the outgoing President Ange Patassé with 51.63% of the votes,
followed respectively by General André Kolingba of the RDC with (19.38%),
David Dacko of the MDD (11.15%), Abel Goumba of the FPP (6.06%), Pouzere
Henry (4.19%), Jean Paul Ngoupandé of the PUN (3.14%), Lakoué Enoch
Derant of the PSD (1.33%), Charles Massi of the FODEM (1.31%).
24. The end of the electoral cycle did not however end the political and institutional
uncertainty. In April 2000, the Parliamentary Opposition, which had 50 Members
out of the 109 sitting in the National Assembly, submitted a motion of no
confidence against the Government led by the Prime Minister Anicet Georges
Dologuélé. After the rejection of this motion by the presidential majority, the
Opposition Parties moved their political combat into the street and in
collaboration with the Central African Civil Society Associations, called for the
departure of the Head of State whose presence at the Head of the country they
considered “an aggravating factor of political and social tensions”. The financial
crisis which gripped the country for several years now and which had caused
delays in the payment of salaries did not simplify matters.
25. In December 2000, the Central African trade unions called the 17000 officials of
the Public Service to observe days of strike action. In spite of the end of the
military violence linked to the rebellions thanks notably to the support of the
United Nations, which still maintains a small monitoring group in Bangui, the
situation remained precarious in Central Africa and the breakdown of the
dialogue between the Executive and the Opposition weakened the country more
than ever.
26. An attempted Coup d’Etat which took place in May 2001 had been blamed on
(and was later claimed by the former Head of State, André Kolingba).
27. For his part, after having engaged in open rebellion against President Ange Félix
Patassé in November 2001, the General Francois Bozizé, former Chief of Staff
of the Central African army, had unsuccessfully attempted a Coup d’Etat in
October 2002. He tried again and this time succeeded on the 15th March 2003,
whilst the President of the Republic was in Niamey, Niger where he was
attending the Sahelo-Sahelian Heads of State Summit.
c)
General human rights situation:
28. Before the advent of the rebellion, the two thirds of the Central African
population already lived in poverty qualified as “absolute” by the United Nations
(UN), which considers that “contrary to what obtains in numerous countries
South of the Sahara, human poverty has increased during the past ten years” in
CAR where the “magnitude of illiteracy, malnutrition, degradation of the health
situation aggravated by the AIDS pandemic and low incomes are the major
aspects” of this poverty. This situation worsened with the fighting that took place
in the recent months after the Coup d’Etat.
29. The country’s economy is 80% rural: cotton, coffee, tobacco, gold, diamonds and
timber constitute the main resources. But in spite of its enormous riches, Central
7
Africa is one of the poorest countries in the world, which does not allow the
effective implementation of human rights, particularly social and economic rights.
30. GNP: 280 dollars per inhabitant (World Bank, 2000)
31. Foreign Debt: 872 million dollars (World Bank, 2000).
32. Since 1997, the Central African Republic, then under the regime of President
Ange Félix Patassé, has suffered a series of rebellions by the Army which gave
rise to killings, looting and destruction of private and public assets.
33. The recent period of political instability experienced by the Central African
Republic which culminated with the Coup d’Etat by the General François Bozizé,
also gave rise to its share of human rights violations: settlement of scores,
summary executions, destruction of public or private buildings and other cases of
looting. Some days after the Coup d’Etat, Chadian soldiers are said to have
intervened to help end these acts but that did not entirely stop the acts of
violence and the exodus of thousands of people from Bangui and sometimes
even beyond the borders of Central Africa.
34. The Central African Republic ratified the African Charter on the 26/04/1986 but
has never submitted a report to the African Commission as stipulated by Article
62 of the African Charter. In this regard, this State Party has 9 Reports
outstanding for submission to the African Commission. These Reports can be
combined in one single Report outlining the efforts being made by the Central
African Republic to respect the provisions of the African Charter since it is
signatory to the said Charter.
35. The Central African Republic does not have a National Human Rights
Commission whose activities were frozen since 1996. A High Commission for
Human Rights and Good Governance had been created under the previous
regime and it continues to operate as a governmental body attached to the Office
of the President of the Republic.
IV.
ORGANISATION OF THE MISSION :
36. The organization of the mission in the Central African Republic comprised of
consultations with various Governmental Authorities, meetings with the
members of Civil Society Organizations and site visits.
A.
ARRIVAL OF THE DELEGATION AND ORGANISATION OF WORK
37. At its arrival in Bangui on the 22nd August 2004, the delegation was received by
the Authorities of the High Commission for Human Rights and Good
Governance with H.E. Mr. Thierry MALEYOMBO, the High Commissioner
leading them.
38. The programme of work which had been initially drafted for the mission by the
High Commission had been finalised and comprised a list of appointments with
various personalities and activists as well as places to be visited.
8
B.
CONSULTATIONS AND SITE VISITS :
23rd August 2004
Meeting with His Excellency Mr. Henry Maidou, Minister of State responsible for Human
Rights and Good Governance :
39. The meeting focused mainly on the analysis of the general political and security
situation in the country as well as on the measures taken to ensure the holding of
the elections which are destined to end the transitional regime. In-depth
discussions were also held relating to the relations of cooperation with the
ACHPR and the need for the country to present its initial Report.
Meeting with the Minister delegate for Foreign Affairs, Regional Integration and
Francophony, H.E. Mr. Guy Moskit :
40. The meeting related essentially to the efforts being deployed by the CAR to
normalise its relations with the African Union and the International Community
through the respect for the holding of the elections which are intended to
provide the country with legitimate constitutional institutions.
Meeting with Mrs. Catherine Samba Panza, Chairperson of the Monitoring Committee on
Acts of National Dialogue :
41. After a presentation by Mrs. Panza on the contents and objectives of the Acts of
National Dialogue as well as on the role of her Monitoring Committee, a
discussion started on the composition and consensual and pluralistic operations
of this important transitional institution, in which the Civil Society is highly
represented and whose objective is to enhance the conditions of national
reconciliation amongst Central Africans.
24th August 2004
Meeting with the Chairman of the National Mixed Independent Electoral Commission
(CEMI) Mr. Jean Willybiro Sako :
42. During this meeting the discussion focused on the subject of the missions
entrusted to the CEMI for the organisation of the registration of voters and to
put in place, in collaboration with the administrative institutions and other actors
concerned, the necessary conditions for the conducive holding of the imminent
elections: a constitutional referendum and general elections. Among the
difficulties encountered, mention was made of the security situation in certain
regions and the lack of means, considering the dilapidated state of certain
grassroots structures.
Meeting with H.E. Mr. Marcel Malonga, Minister of the Interior, responsible for Local
Government :
43. The meeting with the Minister bore essentially on the role of this Ministerial
Department in the preparations for the coming elections and in particular the
issue of National Identity Cards and security matters. Also discussed was the
9
development of the Disarmament, Demobilisation and Reintegration Programme
(DDR) for the benefit of thousands of ex-combatants in conditions which were
likely to guarantee the restoration of peace and security.
Meeting with H.E. Mrs. Hyacinthe Wodobode, Minister of Justice :
44. In the presence of her principal collaborators, Madam the Minister outlined a
picture of the legal and penitentiary set up in the country whilst pointing out a
certain number of problem areas. In this manner, the weaknesses of the State’s
legal Institutions and notably the judicial control of police actions as well as the
shortcomings in prison centres were discussed in detail. The limited number of
magistrates and lawyers as well as the lack of resources to ensure their training
was considered as inhibiting factors in the area of protection of human rights and
fundamental freedoms.
Meeting with the 2nd Vice Chairperson of the National Transitional Council (NTC), H.E.
Mr. Ndjapou Justin:
45. As the body responsible for making up for the absence of an elected National
Assembly, the NTC has the mandate of preparing and submitting to
Government, basic texts for ruling the country, notably the draft Constitution
and the Act relative to the electoral system. The NTC has only a consultative role
but its composition which is open to all civil society and political tendencies
makes it a useful instrument for getting out of a crisis.
Meeting with General Lamine Cisse, Special Representative of the United Nations Secretary
General in the Central African Republic (Head of Office of the United Nations in Central
Africa (OUNCA):
46. In a long interview lasting almost one and a half hours, all the areas relating to
the recent developments in the socio-political, economic and security situation in
the Central African Republic were reviewed. The OUNCA is providing the CAR
with considerable logistical support in all the aspects of the current transition
process whilst endeavouring to maintain a balance for preserving the political
consensus which generated political stability and civil peace.
25th August 2004
Meeting with the Central African Human Rights NGOs:
47. During this meeting, Commissioner Rezag Bara informed the NGOs of the
Commission’s activities in the area of promotion and protection of human rights
and urged them to participate in the said activities, notably by asking for
Observer Status. The NGOs registered their approbation of this proposal and
used the opportunity provided by this mission to denounce certain human rights
violations, in particular the arbitrary arrests and detentions, the racketeering by
elements of the security forces and the corruption in the Public Service.
Meeting with the drafting Committee of the Reports relative to Human Rights (CRRDH)
10
48. During the meeting, the Commissioner provided the Committee with
information about the contents of the Periodic Report that the CAR was
supposed to submit to the ACHPR and indicated the availability of technical
assistance from the Commission should it be required. He underscored the
importance of this procedure of Report submission in the dialogue between the
ACHPR and the State Parties and strongly urged the Committee to start its work
with the means it already had, without delay.
Meeting with the United Nations’ 2 Specialised Agencies in the Central African Republic
49. The meeting gave the Commissioner the opportunity to explain the work of the
ACHPR in the area of the promotion and protection of human rights. In turn,
the United Nations Agencies informed the delegation of the activities which they
are carrying out in the field. They also gave their views on the human rights
situation in CAR. These Agencies deplored the insecurity, notably in the rural
areas, the racketeering by the security forces on the populations, the situation of
Rwandan, Burundian, DRC Congolese, Sudanese and Liberian refugees some of
whom are sometimes used as targets for their problems.
50. The HIV/AIDS pandemic and issue of children displaced by war, abandoned
children, are all subjects of concern which were also discussed.
Meeting with H.E. Mr. Parfait Mabaye, Minister of Communications, responsible for
National Reconciliation and Democratic Culture.
51. The meeting enabled the delegation to obtain information about the activities of
the Central African media in general. The Minister declared that the independent,
private media, which is in its infancy and quite inexperienced, should be trained
to enable it work in a responsible manner in conformity with the national
professional code of ethics and national laws. The Minister declared that the
Army had been in the centre of all the conflicts experienced by the CAR and that
the stability of the country depended largely on the success of building a national
Army which is well balanced, well structured, well trained, multiethnic, neutral
and perfectly Republican.
Meeting with Mr. Bruno Legeard, Head of the ICRC Mission in the Central African
Republic:
52. This meeting allowed the delegation to acquire information on the activities being
carried out by the ICRC in the field: visits to prison and temporary detention
centres (Gendarmerie, Office for the suppression of Banditry, Military Camps),
training in International Humanitarian Law for Soldiers, re-establishment of the
links between parents and children, etc. Mr. Legeard declared that in general, the
activities of the ICRC in CAR were going well and concluded by saying that the
international community is exerting strong pressure so that the current transition
process in CAR will end as rapidly as possible. He deplored the racketeering, the
abuse of power and violent acts noted.
2
UNHCR, UNDP, WFP, OCHA, WHO, UNICEF, UNFPA
11
26th August 2004
Visit to the “Ngaragba” Central Prison of Bangui:
53. The visit to this prison which was constructed in 1957 and which was regularly
plundered at each rebellion, Coup d’Etat and other violent event, allowed the
delegation to discover the only 3 sections which had recently been renovated, are
actually operational where as the prison accommodates about 312 detainees, all
male. These detainees are distributed according to their crimes: economic crimes,
common law crimes or blood crimes. They receive visitors once a week and the
same goes for food from their parents (the detainees only receive one meal a
day). A badly equipped infirmary is covered by two permanent nurses. A military
doctor visits the prison once a week. NGOs and other partners, in particular the
churches provide assistance to the prison, which somewhat facilitates its
operations.
54. The visit to the cells enabled the delegation to note that in the section where
those condemned or accused of economic crimes or crimes against the security
of the State were housed, there were 37 detainees in 4 cells which were relatively
clean, but the section housing those detained or condemned for common law
crimes, held 160 detainees in 8 cells which were rather unhealthy. Several of the
detainees complained about having been jailed for periods varying from 1 to 8
months without being judged. The prison Authorities explained that the said
detainees had been under committal order. Other detainees had been in prison
for more than a year and their case was still pending before the courts.
Visit to the uncompleted women’s prison of Bimbo:
55. This prison which had been constructed with the vision of re-educating and reintegrating the detainees at the end of their detention period was still not
completed. Once it is operational, it can accommodate between 60 and 100
detainees and will have enough space to allow them carry out income generating
activities. The NGOs are expected to provide assistance in this regard. Besides,
considering that the 55 or so prisons in the CAR are guarded by police or
gendarmerie officers or sometimes by soldiers, it is urgent that the project for
training prison guards under the Ministry of Justice be rapidly implemented with
OUNCA assistance.
Audience with the Colonel Jules-Bernard Ouandé, Minister delegate to Security, responsible
for Disarmament:
56. This meeting enabled the delegation to obtain information on the security
situation and on the process of disarmament, demobilisation and re-integration.
The Minister explained that henceforth, security in Bangui is guaranteed up to
90%. The rest of the country is still subjected to highway robbers and other
criminals. Under these conditions, the holding of the Constitutional Referendum
requires the making of proper arrangements. He urged in particular that the
thousands of individuals illegally holding arms be unarmed and rehabilitated. The
process of DDR has commenced but there sources for its continuation are not
there. It had been admitted that the abuse of human rights committed notably by
12
elements of the security forces should always be sanctioned in order to put an
end to impunity and to break these bad habits.
Meeting with Mr. Sylvain N’zas, Public Prosecutor in the Bangui Court of Appeal:
57. Mr. N’zas explained the organisation and functioning of the country’s judicial
system which is run by about 100 magistrates (among whom only two are
women). He emphasised the fact that the magistrates in the public prosecutor’s
office are generally those who depend on the operations by the police but due to
the security situation, certain operations escape the system. Severe punishment is
meted out to soldiers guilty of abuses or other violence and from the 27th August
2004, a military tribunal will start sessions to judge soldiers guilty of certain
crimes or offences. The High Council for the Judiciary works very efficiently and
is endowed with ordinary duties in this area.
Presentation by Commissioner Rezag Bara on the theme: “Evolution of the African System
for the protection of human rights” to officers of the Central African Army, Police and
Gendarmerie.
58. The presentation by Commissioner Kamel Rezag Bara focused on the
background of the African System of Human and Peoples’ Rights, on the role of
NGOs and other intellectuals, on the procedures within the African Commission
(Communications, State Reports). The Commissioner urged the NGOs to
participate in the preparation of the CAR’s Initial Report to be submitted to the
African Commission. The following subject areas were examined and discussed,
namely, the NEPAD Programme, the responsibility of law enforcement agents in
the area of human rights, the efforts of the new regime in the matter of respect
for human rights etc. Members of the audience asked questions and made
comments on the presentation.
Meeting with the representatives of the private media in the Central African Republic. 2
59. During the meeting the journalists unanimously denounced the fact that several
principles which had been agreed on during the National Dialogue had from
henceforth been trampled on by the Executive, whilst there are acts being
committed which tend to exclude certain individuals from participating in
political activities. They denounced the deposit for the presidential elections
which has now been raised to 10 million francs whereas it was initially fixed at 5
million francs. On security matters, the journalists declared that the rejected
“liberators” now lived in the forest and constituted the main source of insecurity
for the populations. Certain speakers denounced the fact that the current Head
of State is determined to present his candidature at the presidential elections
instead of being the arbiter and guarantor for the proper conduct of the
transition and of the said elections. The following issues were also denounced –
tribalism, impunity, chaos, the lack of professionalism on the part of journalists,
the lack of funding for the organs of the media, etc.
2
Present at this meeting were Messrs. Christian Panika (Correspondent AFP), Maka Gbossokoto (Le
Citoyen), Michel Alcali (Temps Nouveau), Mathurin Constant Nestor Momet (Le Confident)
13
27th August 2004
Meeting with H.E. Mr. Leroy Gaombalet, Prime Minister of the CAR
60. The audience enabled Commissioner Rezag Bara to thank the Prime Minister, to
inform him about the objectives of his mission in the CAR, and to sum up the
list of personalities encountered and the places visited during the mission.
61. The Prime Minister thanked the delegation and declared in substance that the
Transitional Regime was looking for the support of partners like the African
Commission to help the State implement its obligations in the area of human
rights and the freedom of expression. He added that the National Dialogue had
felt that the number of political parties was too high and had advocated their
reduction. He had also justified the amount set as deposit for the presidential
elections which was aimed at allowing only those individuals who were really
serious and representative to present their candidatures at this election. He had
concluded by reiterating the willingness of the Government to present the
outstanding Reports.
Meeting with H.E. Mr. Abel Goumba, Vice-President of the Central African Republic
62. This audience enabled Commissioner Rezag Bara to make a resume of the
organisation of the mission in CAR for the benefit of the Vice-President. The
Vice-President declared that the change effected on the 15th March 2003 had
been the collective achievement of the sons of the CAR and that the challenge
now was to put the finishing touches to the process. Also discussed were the
skidding of the media to sensationalism, the lack of resources to implement
reforms, the determination to see the electoral process conducted in an entirely
transparent manner so that the credibility of the results is not put in doubt,
human rights violations, the need to prepare CAR’s Reports to be presented to
the ACHPR. The Vice-President assured the delegation that the necessary
measures would be taken to ensure that the recommendations of the mission
were diligently fulfilled.
Wrap up meeting of the mission with His Excellency the High Commissioner for Human
Rights and Good Governance:
63. This meeting allowed Commissioner Rezag Bara and the High Commissioner for
Human Rights and Good Governance to sum up the results of the mission in
terms of personalities encountered, sites visited and subjects discussed.
Commissioner Rezag Bara expressed his satisfaction with the contacts made
during the mission and thanked the Transitional Government, and in particular
the High Commission for Human Rights and Good Governance in this regard.
Rezag Bara emphasised the importance of certain issues like the transitional
process, the electoral process, the arbitrary arrests and detentions, the freedom of
the press, the preparation of the CAR’s State Reports for submission to the
ACHPR, the ratification of human rights instruments, the compensation of the
victims of past violent events and the need to maintain permanent dialogue
amongst the children of the CAR. It had been agreed that contact would be
maintained for information exchanges and for working together towards the re-
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integration of the CAR into the larger African family and that of the international
community.
Press Conference
64. This Conference enabled Commissioner Rezag Bara to explain to the journalists
about the functioning of the African Human Rights System and the objectives of
the promotional mission which had just ended and his satisfaction at its outcome.
Admitting that the repeated crises which the country had been experiencing for
the past years had given rise to human rights violations, he ended by launching an
appeal for national reconciliation and the entrenchment of democracy to be
embraced by all the children of the CAR. The Commissioner appealed at length
for the necessary support to be provided so that the freedom of the press can
become a reality implemented by well trained and conscientious journalists, all of
this within a specified legal framework.
V.
Conclusions and Recommendations:
65. At the end of the promotional mission in CAR, the following conclusions and
recommendations were drawn:
A.
Conclusions:
66. All the representative groups in the CAR agree that the process engaged from the
moment of take over of power by the General Bozizé on the 15th March 2003 has
responded to the general aspiration for the renewal and reorganisation of all the
sectors of public life in the country. Although aware of the unconstitutional
nature of the 15th March 2003 take over, the various segments of civil and
political society in the CAR consider that it was a “national burst of energy”
which permitted the laying of the foundation for national consensus during the
transition period.
67. The transition period engaged on the day after the arrival in power of the current
regime is based on the realisation of two major objectives: on the one hand, the
restoration of the security of goods and individuals in the country, and on the
other, the putting in place of the necessary instruments to allow the holding of
free, democratic and transparent elections to guarantee the return of normal
institutional and constitutional order.
68. On the subject of security, all the Observers agreed on the point that it was
thanks to the CEMAC forces and to the support of the international community,
that the Central African Armed Forces and Police were able to secure the capital
and the principal urban centres in the interior of the country. The fact remains
however that insecurity still reigns in the greater part of the rural areas, worsened
by the phenomenon of “highway robbers” who now act with military type arms
and transport, which makes certain people say that this is “well-kept insecurity”.
In this respect, the DDR programme (Disarmament, Demobilisation, Reintegration) being managed by the Minister delegate to security matters, appears
to be marking time due notably to the decisions by the donors to suspend their
financial support to this programme.
15
69. All the institutional bodies set up during the transitional period : the National
Transitional Council, the Monitoring Committee on the Activities of the National
Dialogue, Mixed Independent Electoral Commission, the Transitional
Government, all appear to have operated according to the established
programme and within the framework of the established deadlines to result in the
holding of the programmed electoral consultations: The popular referendum for
the adoption of the Constitution in November 2004 and the holding of the
legislative and presidential elections in January 2005. It can be considered that the
significant presence of representatives of civil society and non partisan
personalities at the head of these transitional bodies has played a major role in the
maintenance of the spirit of dialogue and consensus and in the good
management of the established deadlines.
70. On human rights issues, the meetings and contacts established with all the actors
concerned enabled the delegation to draw the conclusion that:
The consequences of the serious, massive and generalised human rights
violations committed during the periods of confrontation and armed violence
were not taken into account, whether in terms of the identification and
sanctioning of the perpetrators and those responsible or in terms of taking
responsibility for and compensating the victims of the said violent acts.
The conditions for arrests, preliminary interrogations, detentions before
judgement and prosecution do not appear to respect the rules governing the
right to a fair hearing and it did not appear to the delegation that the lack of
resources could constitute an acceptable justification for this state of affairs.
The penitentiary situation, although a subject of sustained interest, remains one
of concern due to the unavailability and the age of the accommodation
infrastructures, to the promiscuity and the long periods of detention of inmates
before judgement.
The right to information and the exercise of the freedom of expression are now
a concrete and palpable reality in CAR, notably through the existence of a
private, dynamic and diversified press, which addresses all the issues of the life
of the nation in a critical spirit. Nonetheless the fact remains that there is still a
tendency in certain sectors of public life of return to old reflexes aimed at
either using or imposing censure or even repression by the detention of
journalists for offences relating to opinion and this sometimes with no respect
for established procedures in this area.
71. Where it is concerned, the private press which comprises about ten newspapers,
should try to avoid the pitfalls of partisan politicking and the diffusion of
unverified information or of simple rumours as well as the personalised criticisms
of public figures.
72. Through the medium of the OUNCA and of the UNDP specialised agencies but
also thanks to the presence of numerous international socio-humanitarian
organisations, a lot of assistance is provided to the Central African Republic in
terms of advice, expertise and material and financial resources to successfully
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bring the transitional process towards institutional normality, political stability
and the launching of development programmes.
B.
Recommendations:
73. The mission recommends to the Government of the Central African Republic to:
Pursue the political reforms which would allow the rapid return to
constitutional order in the Central African Republic;
Ensure that all the categories of Central African civil society are able
to participate in the process of the return to constitutional order in the
Central African Republic;
Pursue efforts for the drafting and presentation of the Central African
Republic’s Initial Report to the African Commission;
Take into account the serious, massive and generalised human rights
violations committed during the periods of confrontation and armed
violence, by identifying and sanctioning the perpetrators and
guaranteeing the responsibility for and compensation of the victims of
the said violent acts;
Ensure that the conditions of arrests, preliminary interrogations and
detentions respond to the established norms of the right to a fair
hearing;
Take the necessary measures for the training of journalists and other
workers in both the private and public press;
Collaborate fully and entirely with the OUNCA and with all the
organisations representing the international community in order to
preserve the consensus which brought about the return to civil peace so
as to create the requisite conditions for a rapid return to democratic
legitimacy;
C.
Expression of Gratitude :
74. The delegation of the African Commission on Human and Peoples’ Rights
wishes to express its profound thanks to all the official Authorities of the Central
African Republic for the assistance and support it received during the
promotional mission in CAR and the facilities provided for its success.
75. The delegation would like to single out here H.E. Mr. Thierry MALEYOMBO,
High Commissioner for Human Rights and Good Governance of the CAR as
well as all his colleagues for the excellent and serious manner in which the
programme was prepared and for their total availability during the entire
programme.
76. The delegation also wishes to express its gratitude to all the international
organizations, the Central African civil society organizations and the personalities
who so willingly contributed to the success of the promotional mission.
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