Human Rights Council
AFTERNOON
Hears Address by New Zealand’s Justice Minister
The Human Rights Council this afternoon held a high-level interactive dialogue on the situation of human rights in the Central African Republic, held in the context of its agenda item on technical assistance and capacity building. The Council heard an opening statement by Andrew Gilmour, Assistant Secretary-General for Human Rights and Head of the Office of the United Nations High Commissioner for Human Rights in New York. In the course of the meeting, Andrew Little, Minister of Justice of New Zealand, addressed the Council.
Mr. Little said he greatly appreciated the tireless, patient and courageous work of the High Commissioner for Human Rights and his Office, and reaffirmed New Zealand’s commitment to the universality of human rights. New Zealand continued to support the right to development, and defenders’ role in supporting the international human rights framework. It remained active in global efforts to abolish the death penalty, to fight preventable maternal mortality and morbidity, and to promote the rights of indigenous peoples.
Mr. Gilmour warned that the recent increase in violence in the Central African Republic undermined the hopes for national reconciliation, while tensions caused by hate speech along ethnic and religious lines, and incitement to violence, contributed to the worsening of the human rights and humanitarian situation in this country in which over 700,000 people were displaced and more than 2.5 million were in need of humanitarian aid and protection. It was critical to continue to pursue peace through the African Initiative for Peace and Reconciliation and local peace and dialogue initiatives in priority regions with the participation of women and youth; fight against impunity both through national courts and the Special Criminal Court soon to be operationalized; and put in place truth, justice and reconciliation mechanisms to help the country heal, prevent recurrence of past human rights violations, and ensure remedy and reparation to victims.
Kenneth Gluck, Deputy Head of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic, said that, despite positive developments, the Central African Republic faced numerous obstacles on its path to stability. Sustainability of the political process and respect for the rule of law depended on the effective restoration of State authority and capacity, he stressed, taking positive note of the fact that judicial institutions were gradually resuming their functioning in new areas of the country. The Government’s support for broader security sector reform and for the National Commission for Human Rights were important commitments which must be sustained and supported internationally.
Bédializoun Moussa Nébié, Special Representative of the African Union to the Central African Republic, explained that the main objective of the African Initiative for Peace and Reconciliation was to promote dialogue between the Government and armed groups, to create conditions for confidence building, and to listen to armed groups’ concerns. As for the impact of the initiative, all armed groups had welcomed the President’s call to take part in the peace and reconciliation process and to cease all forms of violence.
Marie-Thérèse Keita Bocoum, Independent Expert on the situation of human rights in the Central African Republic, said violence no longer had a place in the Central African Republic, and stressed the imperative for the armed groups invited to the negotiating table to respect their engagements. It was critical to include all segments of the society in the ongoing peace dialogue to allow for the national ownership of the peace – especially important was the inclusion of women and local and religious leaders throughout the country to build the national support. Peace and justice were absolute imperatives and the key issue was to establish how those would respond to the victims and guarantee the non-repetition of violence.
Flavien Mbata, Minister of Justice, Human Rights and Keeper of the Seals of the Central African Republic, underscored the priority of his Government to fight against impunity and stressed the significant progress made in the operationalization of the Special Criminal Court. Despite a difficult security environment, the Justice Department was working to redeploy all magistrates and other actors of justice in their jurisdictions of residence throughout the national territory. The country had decided to set up a Truth, Justice, Reparation and Reconciliation Commission and had put in place a steering committee to organize the national consultations and the actual establishment of the Commission.
Lina Ekomo from Leadership de la Femme en Centrafrique, noted that as women, mothers and educators, Central African women wanted to contribute to finding adequate solutions to the current challenges in the country. The complexity of the situation required the implementation of multidimensional strategies, involving different segments of society. However, that required strong political will, noted Ms. Ekomo, reminding that Central African women had always been at the forefront of conflict management.
In the ensuing discussion, speakers expressed concern about the deteriorating security and humanitarian situation in the country, which was due to persistent violence by armed groups. They called on concerned parties to implement the roadmap for peace adopted by the Central African authorities, the African Union, and regional countries and organizations. They also emphasized that truth, transitional justice, and national reconciliation were an important prerequisite towards sustainable peace. While some praised the progress and positive developments achieved in the country since the presidential elections in 2016, including on the recruitment of former fighters into the armed forces, and the gradual deployment of national security forces, they also agreed that challenges in security remained. Speakers encouraged the Government to reform security forces and to set up judiciary mechanisms to fight impunity, and urged the international community to provide necessary technical assistance and capacity building in the area of human rights.
Speaking were European Union, Russia, Belgium, Spain, Czechia, United States, Côte d’Ivoire, France, China, Botswana, Algeria, Burkina Faso, United Kingdom, Portugal, Netherlands, Norway, Congo, and Benin.
Also taking the floor were the following non-governmental organizations: World Evangelical Alliance (in a joint statement with Caritas Internationalis International Confederation of Catholic Charities), International Federation for Human Rights Leagues, International Organization for the Elimination of All Forms of Racial Discrimination, and Rencontre Africaine pour la Défense des Droits de l’Homme.
The Council will next hear a presentation of reports and oral updates by the High Commissioner and the Secretary-General on Burundi, Colombia, Cyprus, Guatemala, Honduras, Iran and Sri Lanka, and will then hold a general debate on the annual report of the High Commissioner for Human Rights, to be followed by a general debate on technical assistance and capacity building.
Statement by the Minister of Justice of New Zealand
ANDREW LITTLE, Minister of Justice of New Zealand, reaffirmed his country’s support to the independence and work of the High Commission for Human Rights and his Office, and reaffirmed New Zealand’s commitment to the universality of human rights and to implementing human rights obligations domestically and internationally. The Universal Declaration of Human Rights made no distinction between different categories of rights – civil, cultural, economic, political and social rights were of equal importance and none could be enjoyed without the others, he said and reiterated the firm commitment of his country to this approach and to the right to development. The international community did not lack norms and standards, but rather political will to implement them, the Minister noted, raising concern about an important gap between the obligations and commitments and their implementation at country level. Human rights violations and abuses were often root causes of conflicts and could act as early warnings of impending disasters, and in this context, New Zealand looked at the Human Rights Council to more fully implement its mandate in preventing human rights emergencies and responding to early warning sin the years to come. Mr. Little also stressed the critical role of human rights defenders in supporting the human rights architecture and holding governments to account on their human rights obligations and commitments.
The global abolition of the death penalty was one of the top concerns for New Zealand, continued the Minister, noting that sovereignty could not justify torture. In recognition of the fact that particular civil and political rights and freedoms may be of little value to someone suffering from extreme poverty, hunger, or lack of access to universal healthcare, the Government had prioritized certain policies, including reducing child poverty, increased access to free tertiary education, increasing the minimum wage, overhauling the mental health system and the education system, and increasing employment opportunities, as well as taking immediate measures to address the housing crisis. Mr. Little stressed the importance that New Zealand attached to indigenous peoples, noting that this would always be a priority issue for his country. New Zealand was the first country in the world where women had the right to vote, and was celebrating the 125th anniversary of women’s suffrage this year.
High-level Interactive Dialogue on the Report of the High Commissioner on the Situation of Human Rights in Central African Republic
High-Level Statements
ANDREW GILMOUR, Assistant Secretary-General for Human Rights and Head of the Office of the United Nations High Commissioner for Human Rights in New York, noted that, regrettably, the end of the year in the Central African Republic had been marked by an increase in confrontations among armed groups, further undermining the faint hopes for national reconciliation. Hate speech and incitement to violence along ethnic and religious lines continued to exacerbate both the violence and the fears of escalation. The tensions contributed to the worsening of the human rights and humanitarian situation, especially in the southeast and, more recently, in the northwest of the country. In the past twelve months, intercommunal violence caused further displacement, with number of internally displaced persons reaching 700,000 and up to 2,5 million needing humanitarian assistance. Stressing the imperative to protect civilians and to coordinate the peace initiatives, Mr. Gilmour welcomed the progress made by the African Initiative for Peace and Reconciliation to produce a strategy for restoring stability and the indication in the July 2017 roadmap for peace that impunity was unacceptable and would not contribute to finding a durable solution to the crisis. Furthermore, the roadmap encouraged the examination of all violations of human rights and international humanitarian law by appropriate mechanisms. Support to the peace process should focus on encouraging local peace and dialogue initiatives in priority regions, especially with civil society and including women and youth, emphasized the Assistant Secretary-General, adding that it was absolutely crucial that the voices of women were here more loudly in all discussions related to restoration of peace and security.
The ongoing peace dialogue could not be disconnected from the transitional justice strategy, said Mr. Gilmour and welcomed the positive steps in the fight against impunity, through the imminent operationalization of the Special Criminal Court and the holding of trials before national courts. Underlining the critical importance of the judicial independence, Mr. Gilmour urged the re-establishment and consolidation of the rule of law and the adoption of a national judicial reform strategy. Institutional reforms must be conducted to prevent recurrence of past human rights violations. Victims were entitled to justice, truth, remedy and reparation, therefore it was imperative to correct the weakness in the existing victim and witness protection mechanisms, and so enable their participation in the criminal justice and truth-seeking processes. Further, the national authorities should initiate consultations with its population on the mandate of a truth and reconciliation commission which had a critical role in examining painful past and allowing the wounds to heal. In order to advance the security sector reforms, the Central African Republic should adopt, as a matter of priority, a strong national policy on vetting, and do so before the progressive redeployment of national security forces throughout the country. Also, there was a need for a regional dialogue on cross-border economic and regional security issues.
In closing, Mr. Gilmour noted the important support of the Office of the United Nations High Commissioner for Human Rights in the Central African Republic to the building the national human rights protection system, and in particular the creation of the National Human Rights Commission and the operationalization of the Committee on the Prevention of Genocide. Given that the signs of progress in many areas including in the field of human rights, were being extinguished by a profoundly worrying upsurge of violence and inter-ethnic hatreds, the continuing commitment of the international community to the Central African Republic was of crucial importance to prevent what could be new brutal violations of human rights.
KENNETH GLUCK, Deputy Special Representative and Deputy Head of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic, said that, despite positive developments, the Central African Republic faced numerous obstacles on its path to stability which was illustrated by some 3,000 serious violations of international human rights or humanitarian law reported by United Nations agencies. Armed groups continued engaging in illegal taxation and theft of natural resources, and their activities in the country’s northwest resulted in the displacement of tens of thousands of civilians. The displacement crisis was exacerbated by the refusal of some armed groups and communities to allow the return of minority groups. The United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic continued deploying its military and police to prevent attacks on civilians and reduce the threats posed by armed groups, and the United Nations was working with Government agencies to broker agreements that have helped reduce the burden of violence on civilians.
Sustainability of the political process and respect for the rule of law depended on the effective restoration of State authority and capacity, he stressed, taking positive note of the fact that judicial institutions were gradually resuming their functioning in new areas of the country. The Central African Republic must reduce disturbingly high levels of arbitrary detention and do more to reduce violence associated with sorcery, said Mr. Gluck, noting that the Government’s support for broader security sector reform and its support for the National Commission for Human Rights were important commitments which must be sustained and supported internationally. Finally, Mr. Gluck stressed the importance of the sustained and continued attention and support from the Human Rights Council and the broader international community to successfully address issues in the Central African Republic.
BÉDIALIZOUN MOUSSA NÉBIÉ, Special Representative of the African Union to the Central African Republic, spoke of the implementation of the African Initiative for Peace and Reconciliation, which had as its main objective the promotion of dialogue between the national Government and armed groups, to create conditions for confidence building, and to listen to armed groups’ concerns. The main concerns were political, socio-economic, security, administrative and judiciary. In order to ensure transparency, the conclusions of meetings had been transmitted to the President of the Republic, President of the National Assembly, political parties, diplomatic corps, civil society, and general public. As for the impact of the initiative, all armed groups had welcomed the President’s call to take part in the peace and reconciliation process and to cease all forms of violence. The armed groups had familiarized themselves with the roadmap of the initiative, expressed their concerns to the Facilitation Panel and demonstrated willingness to discuss those concerns with the Government, which in some regions of the country had contributed to a reduction of tensions, as well as in the acceptance of the disarmament, demobilization and reintegration programme by political and military leaders of some of the armed groups.
MARIE-THÉRÈSE KEITA BOCOUM, Independent Expert on the situation of human rights in the Central African Republic, referred to her last visit to the country in February 2018, and welcomed the amelioration of the human rights situation as a result of the peace initiatives led by the Government, the African Union and the international actors. During the visit, the Independent Expert had also studied the establishment of the transitional justice process, which aimed to respond to the massive crimes committed in the past, with a view to establishing the responsibility, rendering justice, and allowing for reconciliation. Noting that violence had no longer a place in the country, Ms. Bocoum stressed the imperative for the armed groups invited to the negotiating table to respect their engagements. In this context, the ignoble acts committed against a hospital in Ippy and education staff near Markounda constituted grave violations of international humanitarian law and would not go unpunished. It was also critical to include all segments of the society in the ongoing peace dialogue to allow for the national ownership of the peace – especially important was the inclusion of women and local and religious leaders throughout the country to build the national support.
The link between the African initiative on peace and a roadmap to transitional justice was undeniable, said the Independent Expert, as peace and justice were absolute imperatives and the key issue was to establish how those would respond to the victims and guarantee the non-repetition of violence. Transitional justice programmes had to reflect the reparation of victims, and it was in this direction that the people had called for a Special Criminal Court and a Truth and Reconciliation Commission during the National Forum in Bangui in 2015. There should be no possibility for amnesty for those that had committed crimes. Also, Ms. Bocoum underlined the importance of institutional reforms, including vetting initiatives, and disarmament and demobilization processes, which were the fifth pillar of transitional justice. Considering that 2.5 million Central Africans required humanitarian assistance, it was essential to support the humanitarian efforts, cooperate with the justice system and ensure that the perpetrators of crimes were reported to the national authorities.
FLAVIEN MBATA, Minister of Justice, Human Rights and Keeper of the Seals of the Central African Republic, underscored the priority of his Government to fight against impunity and stressed the significant progress made in the operationalization of the Special Criminal Court. Despite a difficult security environment, the Justice Department had been working for several months, with the assistance of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic, to redeploy all magistrates and other actors of justice in their jurisdictions of residence throughout the national territory. The Minister said that heavy sentences had been inflicted on officials of various rebel groups. In addition, the Code of Military Justice had been enacted a year ago to promote discipline within the military. The Central African Republic had decided to set up a Truth, Justice, Reparation and Reconciliation Commission and had put in place a steering committee to organize the national consultations and the actual establishment of the Commission. In order to ensure the future promotion and protection of human rights, the National Commission for Human Rights and Fundamental Freedoms had been created in 2017, said the Minister. In the face of governance challenges compounded by the military-political crises facing the Central African Republic, the Government has developed a program for disarmament, demobilization, reintegration and repatriation. Mr. Mbata noted that the security sector reform strategy was being developed and urged the international community to continue to support the Central African Republic in its pursuit of peace and justice.
LINA EKOMO, Leadership de la Femme en Centreafrique, noted that women represented more than 50 per cent of the population of the Central African Republic, and they were twice as vulnerable to violations and abuses. Women comprised the majority of the displaced population living in very precarious circumstances, and many lived in bushes with very young children. The destruction of sanitary infrastructure in the country increased maternal and infant mortality rates, which even before the crisis had been one of the highest in the world. The closure of schools due to insecurity had drastically reduced girls’ access to education, said Ms. Ekomo, noting with concern that girls’ school attendance in conflict-affected provinces was reduced to only six per cent. Central African women wanted to contribute to finding adequate solutions to the current challenges, but their engagement was hampered by low participation of women in political and public life at all levels, despite the existence of national judicial instruments for the promotion of gender parity. The current level of insecurity and violence required all Central Africans to participate in building peace, security and democracy, she stressed. The complexity of the situation required the implementation of multidimensional strategies, involving different segments of society, and for this, strong political will was required.
Discussion
European Union welcomed the progress in demobilization and reintegration and, voicing a concern over the downturn in the humanitarian situation, urged all parties to seek reconciliation. The Central African Republic must also focus on fighting impunity. Russia was concerned by the continued instability in the Central African Republic, where State authorities were unable to carry out their functions and bloodshed continued on sectarian and ethnic grounds, and the humanitarian situation was worsening. Belgium condemned all acts of violence and called upon authorities to purse sincere dialogue. Women must be included in all levels of the peace and reconciliation effort, they said and urged the Government to fight impunity and steadfastly prosecute all perpetrators of rights violations.
Spain said the human rights situation was worsening against the backdrop of widespread impunity, and then condemned the recruitment of boys and girls by armed groups, and the attacks against civilians. Providing humanitarian assistance was increasingly challenging. Czechia took note of reports of serious rights violations in the Central African Republic., where attacks against civilians resulted in a wave of internal displacement. Crimes against civilians must be investigated and perpetrators brought to justice. United States said the Central African Republic made significant progress in strengthening the rule of law and welcomed the Independent Expert’s assessment that a holistic approach to transitional justice, including dialogue, was necessary to combat impunity.
Côte d’Ivoire was pleased with gradual improvement since the presidential elections in 2016, but agreed that there were still challenges in security, national reconciliation and sustainable peace. The Government should reform security forces and set up judiciary mechanisms to fight impunity. France remained concerned about the deteriorating security and humanitarian situation in the Central African Republic due to persistent violence by armed groups, and called on concerned parties to implement the roadmap for peace and reconciliation adopted by the Central African authorities, the African Union, and regional countries and organizations. China favoured the reconstruction of peace in the Central African Republic and condemned violence committed against civilians by armed groups and the “blue helmets.” China urged the international community to provide necessary technical assistance and capacity building in the area of human rights to this country.
Botswana noted positive developments such as the recruitment of former fighters into the armed forces, and the gradual deployment of national security forces alongside the United Nations peacekeepers, and also noted that armed groups continued to disrupt peace efforts; serious action had to be taken against such groups to compel them to participate in peace negotiations. Algeria praised the progress achieved, the restoration of State authority, and the progressive return to security. Algeria condemned the continuation of violence and human rights violations and urged the Council to continue to provide technical assistance to the Central African Republic. Sudan welcomed efforts to improve the human rights situation despite the challenges facing the country and called for the continuation of the dialogue to achieve peace through regional mechanisms. International efforts and assistance were welcomed in pursuing peace.
Burkina Faso was concerned by the deterioration of the humanitarian situation in the Central African Republic and extended its full support to the roadmap for peace launched by the African Union. The continuation of dialogue between armed groups, the Government and other political factors was the only way to achieve peace. United Kingdom condemned a recent attack on education workers near Markounda and was concerned about the fragile security, indiscriminate attacks on civilians by armed groups, and sexual and gender based violence. The United Kingdom recognized the effort of the Government to push forward with disarmament, demobilization and reintegration and urged all parties to engage in the African Union-led African Peace Initiative. Portugal was deeply worried about the continuing deterioration of the security situation over the past months. Portugal continued its engagement in the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic with 160 troops and in the European Union technical mission with 39 military staff, which was a tangible proof of its pledge.
Netherlands said that the continuous violence in the Central African Republic was disastrous and must be stopped. The general weakness of the justice system perpetuated rights abuses, said the Netherlands and asked how State authority could be restored across the country. Norway noted with concern the increase in sexual violence committed against women and children and the limited access to protection and medical, mental health and social services for survivors. Noting that part of the national territory was under the control of armed groups, the Republic of the Congo encouraged the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic to pursue dynamic approaches to protect civilian populations. Benin expressed support for efforts by the Central African Republic to promote dialogue, peace, and combat impunity and called on the international community to assist the Government in its efforts to promote democracy.
World Evangelical Alliance, in a joint statement with Caritas Internationalis International Confederation of Catholic Charities, denounced the use of violence as a way to achieve power in the Central African Republic, and stressed the importance of assessing the impact of efforts for peace and reconciliation on human rights. The Bangui Forum was a temporary success because it was based on broad citizen involvement, allowing the emergence of a form of social contract. International Federation for Human Rights Leagues stressed that the fight against impunity was a major challenge – and a priority – for the Central African Republic, and welcomed the expected entry into action of the Special Criminal Court, which would finally break the cycle of impunity and fairly judge the main perpetrators of the crimes.
International Organization for the Elimination of all Forms of Racial Discrimination (EAFORD) said that the peace process required necessary technical assistance and capacity building, especially concerning reconciliation efforts. The full participation of women and proper redress of victims was essential to achieving reconciliation. Rencontre Africaine pour la Défense des Droits de l’Homme said that despite the African Union Peace Initiative, the situation of human rights remained worrisome, as witnessed by recent violence in Paoua and Ippy. The organization welcomed the envisaged investigations by the Special Criminal Court as a positive development in the judicial fight against impunity.
Concluding Remarks
ANDREW GILMOUR, Assistant Secretary-General for Human Rights and Head of the Office of the United Nations High Commissioner for Human Rights in New York, said that transitional justice was a major component in the United Nations framework for helping societies come to terms with past crimes. Mr. Gilmour stressed that victims must be at the centre of such mechanisms which also must be gender sensitive to account for different experiences of violations by women and men. The United Nations mapping report of last May had offered a framework and a timeline for specific transitional justice mechanisms, and what was needed now was technical and political support to the Bangui Forum follow-up mechanism in terms of establishment of a victim-centred and gender sensitive transitional justice mechanism, as well as for the setting up of a victim-centred and gender sensitive victims and witness protection mechanisms, including at the level of the Special Criminal Court.
KENNETH GLUCK, Deputy Special Representative and Deputy Head of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic, highlighted the important contribution of United Nations peacekeepers to the stability of the country, including in the capital Bangui, and noted that the Central African Republic remained one of the most dangerous places in the world for humanitarian aid workers, whose efforts were essential to keep people alive and offer them some dignity. Mr. Gluck noted positively the deployment of the judicial authorities, police and gendarmerie, and urged international community to provide logistical support to sustain this deployment of the basics of the State which was key to re-establishing the rule of law. On disarmament and demobilization, the international community must speak clearly and consistently to all armed groups and convey the message that there was no more space for the use of arms in seeking political dialogue: the country now had a functioning Parliament, functioning civil society, elected Government and full mechanisms for political dialogue including under the auspices of the African Initiative.
BÉDIALIZOUN MOUSSA NÉBIÉ, Special Representative of the African Union to the Central African Republic, thanked all delegations that voiced support for peace efforts in the Central African Republic, and agreed that the Government and armed groups bore responsibility for ending violence. Efforts were in place to prepare all parties to the conflict for dialogue for peace, he said and called on civil society actors to help construct an environment of solidarity and peace. Peace would be achieved when all stakeholders respected those principles. The State must pursue efforts to strengthen the justice system and establish social protections for future generations.
MARIE-THÉRÈSE KEITA BOCOUM, Independent Expert on the situation of human rights in the Central African Republic, said that transitional justice had to be backed up by socio-economic measures to allow for collective reparations and non-judicial measures which were essential to a lasting peace. The commitments of the Bangui Forum had to be backed up by local level dialogues that would include women, youth and traditional and religious leaders, thus ensuring the integration of local-level decisions into the national-level decision making.
FLAVIEN MBATA, Minister of Justice, Human Rights and Keeper of the Seals of the Central African Republic, said that the Central African Republic was a party to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. Mr. Mbata expressed sincere gratitude the delegations and the Independent Expert for their positive comments, and then urged the international community to support the country and also support the Special Criminal Court and other justice mechanisms.
LINA EKOMO, Leadership de la Femme en Centreafrique, underlined the need for a high-level political dialogue with international partners and neighbouring countries to put an end to violence. It was important for the people of the Central African Republic to take stock of the peacebuilding process and understand why it was not moving in the right direction. Provision of collective reparations was needed which would include of refurbishment and rebuilding of infrastructure, as well as restoration of collective memory. Finally, Ms. Ekomo underscored the need to strengthen women's participation in the peace process, drawing on Security Council resolution 1325 on women, peace and security.
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