Response to recommendations on the right to life (104.32)
24. Article 1 of the Constitution of 30 March 2016 focuses closely on respect for life and protection of the human person: “the human person is sacred and inviolable. All public officials and all organizations have an absolute obligation to respect it.”
25. Article 3 of the Constitution clearly states that “everyone has the right to life and bodily integrity …”
26. The Central African Republic, considering life and the security of the human person to be sacred, criminalizes and penalizes any act aimed at violating them, through the provisions of the new Criminal Code, adopted in 2010.
27. The establishment of the Ministry of Justice and Human Rights and the related courts and tribunals is the means of protecting the right to life and the security of the person.
28. A very significant step forward is the creation of the Special Criminal Court, which is already operational.
29. In addition to the efforts made by the Government, several organizations for the defence and protection of human rights are working to protect the right to life and the human person. Some victims have also formed an association to obtain justice and redress for the harm suffered.
Response to the recommendation on the abolition of the death penalty (104.8, 104.10) 30. The death penalty has not yet been abolished in the Central African Republic. The first step towards its abolition is already in effect, with the adoption in 2017 of the Code of Military Justice, the terms of which do not provide for the death penalty. For several years, judges have no longer imposed the death penalty in criminal trials.
31. The fact remains that, with the return to constitutional legality, the new authorities have committed to restart the process to abolish the death penalty through the revision of the provisions of the Criminal Code.
Response to the recommendations relating to combating impunity (104.30, 104.31, 104.48, 104.49, 104.50, 104.51, 104.52, 104.53, 104.54, 104.55, 104.56, 104.57, 104.58) 32. Punishing serious crimes is vital for lasting peace and true reconciliation in the Central African Republic.
33. The Government’s commitment in this regard means that those responsible for war crimes and crimes against humanity, committed for years in the country’s territory, must be brought to justice.
34. The perpetrators of these crimes must be subject to fair and just trials in order not only to bring justice to the victims of all these atrocities, but also to prevent new crimes and, above all, to allow the country’s people to look forward confidently to the national reconciliation that they wish for so strongly.
35. A number of tools have been developed and implemented by the Government in this respect:
• The establishment of the Special Criminal Court by Act No. 15.003 of 30 June 2015;
• The adoption of Act No. 17.012 of 24 March 2017 establishing the Code of Military Justice;
• The creation of the National Commission on Human Rights and Fundamental Freedoms by Act No. 17.015 of 20 April 2017.
36. The establishment of the joint rapid response unit to combat violence against women and children by Decree No. 15.007 of 8 January 2015.
Response to the recommendations on human rights defenders (104.73)
37. Having adhered to the United Nations Declaration on Human Rights Defenders, the Central African Republic guarantees, in the Constitution of 30 March 2016, the right and freedom of association for all citizens without distinction, including organizations for the defence and protection of human rights. To further strengthen the rights of human rights defenders, the Government is working on a draft law on their protection throughout the country.
Response to recommendations on elections and the restoration of constitutional order (104.7, 105.45, 105.20)
38. To clearly mark the end the Transition (24 March 2013 to 30 March 2016), the Central African Republic, with the support and cooperation of the international community, held free and democratic elections in 2016, in which new authorities were elected.
39. The adoption of the basic law, including the Constitution of 30 March 2016, definitively marked the return to constitutional legality in the country.
Response to recommendations on the right to education in general and the education of children with disabilities (104.83, 104.84, 104.85, 104.90, 104.86, 104.8, 104.88 104.89, 104.91, 104.89, 104.91)
40. The Central African Republic has ratified a number of international instruments on the right to education. This right has always been at the heart of the concerns of the various successive authorities at the head of the State.
• The current Constitution enshrines the right to education on the same basis as all previous basic laws. Article 9 of the Constitution states that “everyone has the right to access sources of knowledge. The State guarantees access to education, culture and vocational training for every citizen.”
The various laws and policy measures implemented earlier in the field of education are still valid.
• The new authorities are working tirelessly to implement the Sustainable Development Goals, particularly Goal 4, relating to the right to education: “Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all”;
The Central African Republic fully endorses the concerns expressed in the Sustainable Development Goals.
• The poverty reduction strategy document (PRSP I and II) 2010–2015 is one of the policy measures taken in the framework of the implementation of the right to education, through which the Government is committed to ensuring comprehensive education coverage and quality education for all children, regardless of their gender or place of residence;
• The Emergency Programme for Sustainable Recovery 2014–2016, adopted in July 2014 by the Transitional Government, placed special emphasis on education, in particular through: early childhood development; the consolidation of universal primary schooling; increased availability and quality at other levels of education; the development of literacy programmes; the development of short vocational training courses; the professionalization of the various streams of higher education and the effective implementation of the bachelor’s, master’s and doctorate reform;
• The adoption in 2014 by the Ministry of Education and Technical Training of the Roadmap for Transition led to the development for 2015–2017 of the opportunity
for all school-age children to attend school, actions to encourage school enrolment for girls and to reduce dropout rates, support for vocational training schools in a spirit of entrepreneurship and a commitment to train 500 teachers (250 for each regional teacher-training college) for at least three years through the GPE fund;
• The UNDAF Plan of Action 2012–2016, the United Nations Development Assistance Framework to consolidate peace in the Central African Republic, aimed to support and assist the Government in the areas of education and literacy, particularly for girls and the most vulnerable levels of society, to achieve quality basic education;
• The Ministry of Education and Technical Training has a transition plan for 2014–
2017;
• In 2016, through the National Plan for Recovery and Peace-building 2017–2021, the Government committed to deliver basic services to the population throughout the country, particularly in educational areas;
• For the year 2016–2017, the country has created a statistical yearbook, compiled by the Ministry of Primary, Secondary and Technical Education and Literacy.
41. Regarding the situation of persons with disabilities:
• Pupils and students with disabilities attend primary, secondary and university institutions without discrimination;
• There is only one public centre for education and vocational training for students with sensory disabilities (deaf-mute or blind). This centre provides general education and vocational training but for the moment, its graduates have no opportunity to continue their studies beyond basic-2, owing to a lack of specialized teachers;
• There is no specialized centre for children with mental disabilities. The few rehabilitation centres for persons with motor disabilities, which exist in some of the country’s towns and in Bangui, are mainly run by charitable organizations;
• In the area of vocational training, there is unfortunately no institution that could provide technical and vocational rehabilitation programmes for pupils and students with disabilities.
Response to the recommendation on the right to health (104.78, 104.79, 104.80, 104.81, 104.82, 105.42)
42. Since the submission of the previous report, the Central African Republic has taken various steps to operationalize the implementation of the right to health.
43. The Constitution of 30 March 2016, article 8, provides that “the State has a duty to ensure the physical and mental health of the family”.
44. A variety of actions have been undertaken by the new authorities in the area of health, including the following:
• The continued implementation of the National Health Development Plan (2006–
2015);
• The continued implementation of an operational plan to accelerate the reduction in maternal and neonatal mortality;
• The design and implementation of a programme to prevent parent-to-child transmission of HIV/AIDS;
• The drafting of a national policy document on health and reproduction and a plan of action for its implementation;
• The development of the Health Sector Transition Plan (2015–2017) as an interim policy document pending the preparation of the National Health Development Plan III;
• The design of “HERAMS 2014–2016” (Health Resource Availability Mapping System), a document presenting the mapping and availability of the supply of care and of health services and the resources involved;
• The design of the Strategic Human Resources Development Plan for Health 2017–
2021;
• The design of the plan for construction, rehabilitation and equipment of health structures 2017–2027;
• The development of the strategy document of the Health Information System (SIS).
Reply to the recommendations on the protection of women against all forms of violence (104.36, 104.37, 104.38, 104.39, 104.40, 105.12, 105.13, 105.14, 105.15, 105.16, 105.17, 105.19)
45. Since the previous report, the protection of women has become a priority and a matter of concern for the new authorities. The provisions of the new Constitution and of the Criminal Code guarantee protection to this vulnerable category against all forms of violence to which they may be subjected.
46. As a result of that commitment, the Government has made a number of efforts:
47. With regard to legal instruments:
• The establishment of the Special Criminal Court by Act No. 15.003 of 30 June 2015;
• The adoption of Act No. 17.012 of 24 March 2017 establishing the Code of Military Justice;
• The creation of the National Commission on Human Rights and Fundamental Freedoms by Act No. 17.015 of 20 April 2017;
• The establishment of the Unit for Rapid Intervention and Suppression of Sexual Violence against Women and Children (UMIRR), by Decree No. 15.007 of 8 January 2015;
• The adoption of Act No. 16.004 of 24 November 2016, establishing parity between men and women in public, semi-public and private-sector employment;
• Beginning of the process of revision of the Civil Code.
48. Regarding health care for women and adolescent girls, a plan has been created to accelerate the reduction of neonatal mortality, covering the period from 2004 to 2015.
49. Over that same period, awareness-raising campaigns on gender-based violence, combating impunity and respect for human rights have been organized in a number of provincial towns.
50. The observance of commemorative days in honour of women also demonstrates the Government’s determination to protect and promote the rights of women throughout the country:
• Celebration of International Women’s Day (8 March);
• World Rural Women’s Day, celebrated on 15 October every year;
• International Widows’ Day, on 23 June every year;
• International Day of Zero Tolerance for Female Genital Mutilation, 6 February;
• International Day of the Midwife, 5 May of each year.
51. Several training, awareness-raising and information workshops were organized by partners, especially the Human Rights Division of MINUSCA, on the subject of ownership of issues of violence against women and gender-based violence against different actors.
Reply to the recommendations on combating female genital mutilation and other harmful traditional practices (104.41, 104.42)
52. Although the provisions of the Penal Code of 2010 penalize such acts, the Central African Republic faces several types of sociocultural practices of which women are the victims, particularly female genital mutilation and certain traditional practices.
53. Since most victims never bring such practices to court, it is difficult to produce statistical data. In 2017, the ministry responsible for the advancement of women established certain mechanisms to combat female genital mutilation and all traditional practices.
Reply to the recommendations relating to the promotion of gender equality, parity and gender (104.27)
Equality and non-discrimination
54. Under the Constitution of 30 March 2016, the principles of non-discrimination and equality are the foundation of national unity, peace and social cohesion.
55. All laws and regulations adopted by the authorities since the previous report have strictly prohibited discrimination and asserted the equality of all citizens in all areas, political, economic, social, cultural and educational.
56. The State makes no distinction or discrimination among citizens whether:
• In the realm of public or private employment;
• In participation in elections;
• In election or appointment to various positions of responsibility.
57. Regarding women as well as minorities, there is no law that prevents them from participating in political life on equal terms with men or non-minority citizens.
Nonetheless, there are factors and sociocultural constraints that hinder the implementation of these fundamental rights, despite the ratification by the Government of ILO Convention No. 169.
58. In the framework of promotion of equality, parity and gender. The Government’s political will in this regard is amply evidenced by Act No. 16.004 of 24 November 2016, establishing gender parity in public, semi-public and private-sector employment. The Act strengthens the legal provisions and existing policies in this area.
Response to recommendations relating to child soldiers (105.22, 105.23, 105.24, 103.25, 105.26, 105.27, 105.28, 105.29, 105.30, 105.31, 105.32, 105.33, 105.34, 105.35 105.36, 105.37)
59. Since 2012, the Central African Republic has been facing armed conflict affecting thousands of children recruited and involved in crimes committed by armed groups.
60. On 21 September 2017, the Government ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.
61. By ratifying the Optional Protocol, the Government undertook to take all legislative and regulatory measures to:
• Prohibit and punish the perpetrators of the recruitment and use of children in armed conflict;
• Recognize such children as victims and not as perpetrators of crimes and offences committed under the influence of these armed groups, in accordance with the Paris Principles (2007), to which the Central African Republic is a party.
62. Since June 2018, the Government has undertaken a procedure to protect and discharge children brought before the courts, in accordance with the Paris Principles and other international protocols to which the country has adhered.
63. A rapid response team has been established within the Department of Child Protection, with UNICEF support, through a programme for the reintegration of children involved in conflicts.
Response to recommendations relating to internally displaced persons (104.77, 104.92, 104.93)
64. To date, the situation of internally displaced persons and refugees is alarming and highly concerning, with the occupation of almost all provincial towns by irregular armed groups consisting mostly of foreign mercenaries.
65. Regarding the statistical data provided by the Ministry of Humanitarian Action and National Reconciliation through the project to support the return and integration of internally displaced persons, the number of internally displaced persons between April and May 2018 is estimated to be 669,997 persons, of whom 262,366 are distributed among 77 sites throughout the country and 407,631 in host families. As for the situation of their property, including homes and illegally occupied land, a procedure is being developed by the Ministry of Housing, with the support of the international community.
Response to the recommendation on the establishment of a national human rights institution (105.72, 105.73, 105.74, 105.75, 105.76, 105.77)
66. In accordance with the Paris Principles relating to national human rights institutions, the Central African Republic has established a national commission on human rights and fundamental freedoms, under Act No. 17.015 of 20 April 2017.
67. This body is now operational.
Response to the recommendations concerning the rights of victims to redress and compensation (104.34, 104.35, 104.36)
68. The various conflicts affecting the country have caused considerable harm and damage. The victims vary from one situation to another. Since the events of 2013, the number of victims has constantly increased. By a decree of 11 February 2017, in the face of such situations, the Government established the Truth, Justice, Reparation and National Reconciliation Commission (CVJRRN) so that comprehensive justice can be done, taking into account the harm suffered by victims and especially its reparation and, above all, reconciliation among citizens. Details on this Commission are discussed further in the context of transitional justice.
Reply to the recommendations concerning legal reforms (104.65, 104.85, 104.86, 105.7, 105.8, 105.9, 105.21)
69. Since 2013, in order to comply with its international obligations and effectively to address human rights violations, the Government has undertaken a number of legal reforms, including:
• The adoption of the Code of Military Justice (Act No. 17.012 of 24 March 2017);
• The adoption of the law establishing parity between men and women in public, semi-public and private employment (Act No. 16.004 of 24 November 2016);
• The beginning of the process to revise the Civil Code.
Response to the recommendations concerning the reform and strengthening of the judiciary and prison administration (104.28, 104.47, 104.59, 104.60, 104.63, 105.18) 70. Punishing such serious crimes is vital for lasting peace and true reconciliation in the Central African Republic.
71. The Government’s resolve entails the obligation to prosecute those responsible for war crimes and crimes against humanity committed for many years in the country’s territory.
72. The perpetrators of these crimes must be subject to fair and just trials in order not only to bring justice to the victims of all these atrocities, but also to prevent the commission of new crimes.
73. A number of tools have been developed and implemented by the Government in this respect:
Operationalization of the Special Criminal Court (CPS)
74. Given the security context, which makes it particularly difficult to investigate complex crimes involving still-active armed groups, and with particular regard to the limited capacity of the country’s judicial system, the Government chose, in June 2015, to establish the Special Criminal Court, a hybrid national jurisdiction, to prosecute the perpetrators, co-perpetrators and accomplices of the serious human rights violations committed in the country’s territory since 2003.
75. To date, there has been significant progress in the operationalization of the Special Criminal Court:
• Appointment, since February 2017, of international and national judges to prosecuting bodies, investigating offices and indictment chambers;
• In August 2017, appointment of court clerks and secretaries to prosecution offices;
• Appointment in February 2018 of the members of the Special Unit of the Judicial Police of the PSC;
• Adoption by the National Assembly on 29 May 2018 of the Act on the rules of evidence and procedure of the PSC and the single procedural code, taking into account its character as a hybrid court and the rules of international law.
Redeployment of the judiciary and resumption of jurisdictional activities
76. Despite the difficult security situation, the Justice Department, in the framework of its plan of action and with support from MINUSCA, is working to redeploy all judges and other judicial actors into their home jurisdictions throughout the country’s territory.
77. Furthermore, jurisdictional activities have increasingly resumed at the country’s three courts of appeal through the organization of various criminal sessions.
Promotion of discipline in the armed forces and guaranteeing the rights of victims by giving them the opportunity to become plaintiffs.
78. To this end, the Government has provided the country with the Code of Military Justice, through an Act promulgated on 6 March 2017.
Reform of prison administration
79. This reform is particularly characterized by a prison system which is demilitarized, professional, under civilian control, respectful of international human rights standards and oriented towards the social reintegration of inmates.
80. The basic principles had been established under Act No. 12.003 of 12 April 2012, the purpose of which is progressively to make prison infrastructure comply with standards and the humanization of conditions of detention.
80. The basic principles had been established under Act No. 12.003 of 12 April 2012, the purpose of which is progressively to make prison infrastructure comply with standards and the humanization of conditions of detention.