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HUMAN RIGHTS COMMITTEE CONSIDERS THE SITUATION IN THE CENTRAL AFRICAN REPUBLIC
22 July 2004
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Human Rights Committee
22 July 2004
The Human Rights Committee today considered how the Central African Republic implements the provisions of the International Covenant on Civil and Political Rights in the absence of a report.
Thierry Maleyombo, the High Commissioner for Human Rights and Good Governance of the Central African Republic, said that the situation of human rights in the country before the popular change of 2003 had been catastrophic. That was why the people had supported the change by force, as there was no other way. Since then, the Transitional Government had undertaken efforts and means to return political and legal institutional order in the country.
At the political level, the Transitional Government represented all the political trends in society as well as all the socio-political groups including Pygmies and Peuls, Mr. Maleyombo said. There was a reconciliation process going on. Many exiled people had returned to the country. Political parties and syndicates were now freely carrying out their work. The media and the press engaged in their activities in total independence. Also proper legislative, municipal and presidential elections were planned for January 2005.
Committee Chairperson Abdelfattah Amor said in preliminary remarks that
the Committee was neither insensitive to nor unaware of the efforts being made in the Central African Republic to ensure that at long last a state of law was being set up so as to permit its citizens to enjoy their rights, to re-establish their security and to ensure the normal work of their institutions. At the same time, he had the impression that this was a work in progress with certain inherent contradictions. Many issues still generated concern, including disappearances, police violence, the situation in prisons, trafficking in children, child soldiers and the situation of women.
Finally, Mr. Amor said that the Central African Republic was rich in terms of history, culture and skilful politicians. Yet each time, with each change of regime, the world wondered for how long it would be protected from the infighting between the clans, and from the problem of impunity. Those perpetrating crimes had to be brought to justice. Yet impunity seemed to be the rule and not the exception.
The Central African Republic is among the 152 States parties to the Covenant and as such it is obligated to submit periodic reports on its performance aimed at implementing the provisions of the treaty. The country did not present a report, but it submitted written replies to questions raised by the Committee Experts in advance and it sent a three-man delegation to respond to further questions by the Experts.
The next public meeting of the Committee will be held at 3 p.m. on Tuesday, 27 July, when Experts will discuss the annual report. The Committee will conclude its work on Friday, 30 July after publishing its final conclusions and recommendations on country reports which it has reviewed this session.
Statement by the Delegation
THIERRY MALEYOMBO, High Commissioner for Human Rights and Good Governance of the Central African Republic, said that he wished to describe to the Committee the situation in his country in March 2003 right before the Government had been changed. The past regime had dehumanised the people of the Central African Republic – the people had no rights. On the eve of the change, there was an accumulation of arrears of payment of salaries for 30 months. Among other violations, there were arbitrary arrests, rapes, non-existent justice, assassinations, nepotism, ethnicization of the Government and non-respect of the Constitution. The Transitional Government had undertaken efforts and means to return political and legal institutional order in the country.
At the political level, the Transitional Government had been set up representing all the political trends in society as well as all the socio-political groups, including Pygmies and Peuls. There was a reconciliation process going on. Many exiled people had returned to the country. The President had instructed the Vice President to create the post of a Mediator Ombudsman for the country. Political parties and syndicates were now freely carrying out their work. The media and the press engaged in their activities in total independence. Proper legislative, municipal and presidential elections were planned for January 2005.
Mr. Maleyombo said that in terms of the social situation and social security, payment of salaries and pensions had been improved despite the difficult economic situation. Insecurity in Bangui and in other provinces in the country had been reduced. The reactivation of the Permanent Military Tribunal meant that any human rights violations by the army could be brought to court. There had been a false declaration by former liberators that some of their colleagues had been summarily executed, but that was not true. The situation of human rights in the capital had been improved thanks to the efforts of the High Commissioner for Human Rights and Good Governance. However, the lack of logistical means meant that the work of the High Commissioner could not spread all over the country. Therefore, violations continued in some provinces.
In conclusion, Mr. Maleyombo said that the Central African Republic had ratified the African Charter on Human and People’s Rights in 1986 as well as a number of other international instruments related to human rights. However, the country had not provided the Committee with a report since 1986 and it recognized this shortcoming as non-compliance with its obligations. After the changes in 2003, the Transitional Government had set up a committee to prepare the report. It had had input from many entities. However, the committee faced difficulties in its work because of lack of resources due to the serious economic situation facing the country. He wished to launch an SOS to mobilise the international community to help the Central African Republic in its transition and return to constitutional and democratic order. The situation of human rights in the country before the popular change of 2003 had been catastrophic. That was why the people had supported the change by force, as there was no other way.
Response to Questions on the Constitutional and Legal Framework within which the Covenant was Implemented
The delegation said that although Ange Felix Patasse was democratically elected in 1993, his anti-democratic regime had carried out serious violations of human rights during the 10 years in which he was in power. Following the March 2003 victory, the 1995 Constitution and the national assembly had been dissolved. A state of emergency had been proclaimed. During the transitional period, human rights were guaranteed by Constitutional Acts 1 and 2 of March 2003. After dissolving the national assembly, the national transitional council had been set up to assist the President in his functions.
Response to Questions on the Right to an Effective Remedy
In response to a question on reports of serious violations of human rights and international humanitarian law by loyalist troops and foreign mercenaries during and after the attempted coups of May 2001 and October 2002, the delegation said that following the first coup, there were many cases of executions, assassinations, pillaging, arbitrary detention and other violations carried out by the loyalist troops and the foreign mercenaries who supported them. There had never been a judicial investigation into these violations. At the same time, the amnesty of 23 April 2003 covered the perpetrators of these acts. Concerning the second coup attempt, an investigation was carried out concerning killings, rapes, violations as well as economic crimes. Many of the suspects remained outside the country.
Asked how the Central African Government had reacted after a complaint was lodged with the International Criminal Court laying formal individual criminal charges against Jean-Pierre Bemba, Abdoulaye Miskine and Ange-Felix Patasse in respect of war crimes after the 2002 coup attempt, the delegation said that the Central African authorities had welcomed this news. Justice needed to be administered.
With regards to special assistance to women and girls who had been raped during the 2001, 2002 and 2003 events, the delegation said that the Government, with support from the United Nations, had created a programme to help such women. Some 500 women and young girls who were victims had benefited from this programme. The Transitional Government considered these rapes as war crimes and intended to call for trials for the perpetrators before national courts inside the country and through international tribunals for the perpetrators who had left the country.
Response to Questions on the Right to Life and Prohibition of Torture
In response to a question on what crimes could be punished by the death penalty, the delegation said that treason, espionage, charlatanism and witchcraft, assassination and murder were among the crimes which could be punished by the death penalty. No minor had ever been sentenced to the death penalty. No death penalty had been carried out since 1981, although judges continued to pronounce such judgements. On the possibility of abolition of the death penalty, the delegation said that this was a delicate issue given the insecurity in the country and the widespread availability of weapons. The transitional Government planned to try and gather as much of these weapons as possible. The Central African Republic was not about to abolish the death penalty, the delegation said.
Concerning a question on the reports that the civilian population since 2003 had been subjected to abuses committed by military forces and the Chadian forces who came in to support them, the delegation said that there had been isolated cases of such abuses, and the new authorities had taken strict measures to punish those responsible and to stop such abuses.
Asked about reports that the Central African Office for the Suppression of Banditry had carried out numerous summary executions, the delegation said that this Office had been set up by the police to fight bandits responsible for armed robbery among other crimes. Some killings had been carried out by this Office, usually during operations in the field. However, even if some regrettable cases had occurred before 2003, since then, efforts by the authorities had been implemented and the number of such killings had been reduced.
Concerning reconciliation efforts, the delegation said that a national dialogue had been held in October 2003 in which all socio-political groups in the country were represented. Recommendations had been adopted which had permitted virtually all nationals who had fled abroad during the military and political shake-ups to return home.
With regards to a question on human rights training for police and army officers, the delegation said that the Transitional Government, with help from partners, provided police and army officers with training, including on the right to a fair trial, to a presumption of innocence, to life and to not be subjected to torture. The Transitional Government provided the training to ensure that the work of the police and army officers was carried out appropriately. Documentation on human rights was
also distributed during training courses.
And in response to a question about female genital mutilation, the delegation said that today, the Government and the people were against this traditional practise and they condemned it. There was a national committee to prevent all kinds of violence against women and young girls. Among other measures, a radio broadcast once a week informed the population of the dangers of this practice. There had been a reduction in the number of cases of female genital mutilation following the work of the national committee. Most of the remaining cases were in the countryside.
Response to Questions on Prohibition of Slavery, Servitude and Forced or Compulsory Labour
With regards to a question on prison sentences with forced labour, the delegation listed the crimes which could be punished by prison with forced labour. Before Emperor Bokassa was forced out in 1979, prisoners served their sentences with forced labour by cutting stones in stone quarries. However, these quarries no longer existed. Today, sentences of prison with forced labour were still pronounced, but the forced labour part was not implemented.
In response to a question on trafficking in children, the delegation said that that situation was virtually non-existent in the Central African Republic. With regards to reports of the participation of youth under 18 in the rebellion before March 2003, the delegation said that participants in the rebellion had been mainly regular army soldiers and some Chadian elements who since the events had been compensated and had returned to their country. In the absence of an inquiry, it would be very difficult to know for sure whether children took part in the rebellion.
Comments and Questions Raised by Committee Experts
An Expert said that despite the absence of a report, the Committee had received written responses from the Central African Republic to the list of issues raised in advance, and the delegation present was providing more information. Today’s activities were part and parcel of the return of democracy to the Central African Republic which was a very positive step.
Another Expert noted reports of continued cases of abuse of power by policemen and other law enforcement officers, and the lack of proper punishment for such abuses. He asked the delegation whether these reports were true, and what steps did the State party envisage taking to respond to them.
Response by Delegation to Oral Questions Raised by Experts
The delegation said that the Experts had stressed the issue of constitutional order. It was the will of the Transitional Government to re-establish constitutional order and to ensure that the country returned to a state of law. A timetable had been drawn up for municipal, legislative and presidential elections next January. The Transitional Government wanted to ensure that the elections were transparent and free.
Concerning the national reconciliation process, the delegation said that after the events of March 2003, it was the will of the people of the Central African Republic to come together and reconcile and to ensure that the evil that they had suffered from did not return. The people were resolute to go forward with their peaceful existence. The Transitional Government was bound to implement all the recommendations of the national reconciliation process. An independent council had been created to ensure that these recommendations were implemented.
Response to Questions on Security of Person, Freedom from Arbitrary Arrest, Right to a Fair Trial, and Treatment of Prisoners
In response to a question about the reform of the Penal Code and the Code of Penal Procedure, the delegation said that this very important reform had started in February 2002.
Concerning the Standing Military Tribunal, the delegation said that the Tribunal was governed by a 1985 Ordinance. This Tribunal dealt with any crime which could challenge the safety and security of the State, including violations of human rights perpetrated by members of the police, security or armed forces.
With regards to the independence of the courts, the delegation said that justice in the country remained independent. Judicial power was the guardian of freedoms and property. Concerning the situation of health in prisons, the delegation said that the Central African Republic faced a lot of problems when it came to paying salaries because the economic fabric of the country had been destroyed by the previous regime. However, the Transitional Government had made enormous efforts in order to reform the central prison and health services provided there.
Response to Questions on Gender Equality and Non-Discrimination
The delegation said that the Committee had asked about the low representation of women in the national transitional council. When the council was set up, the authorities had given the political parties, non-governmental organizations, syndicates and other partners the freedom to designate their candidates. So it was not the authorities who had decided on the level of representation of women but those participating entities. One could not but regret this situation. The low level of representation of women was also reflected in the Government.
Response to Questions on Freedom of Movement
In response to a comment by the Committee that tens of thousands of persons, both civilians and combatants, had taken refuge away from their homes or in neighbouring countries following the 2001, 2002 and 2003 events, the delegation confirmed that tens of thousands of people had become displaced inside and outside the country. However, the law of amnesty had allowed everyone to return to his or her homes and to be reinstated in their jobs.
Preliminary Observations
ABDELFATTAH AMOR, Chairman of the Human Rights Committee, said in preliminary remarks that he thanked the delegation for all the efforts it had made to inform the Committee about the situation of human rights in the Central African Republic. Obviously, the Committee was neither insensitive to nor unaware of the efforts being made to ensure that at long last a state of law was being set up so as to permit its citizens to enjoy their rights, to re-establish their security and to ensure the normal work of their institutions. It was important to highlight this, as it was important to highlight the drafting of the Constitution on paper. He hoped that the necessary corrections of a technical nature would be made to the draft in a timely manner. The Committee also noted the will of the authorities to ensure a normal return to institutional life and a peaceful political life. Elections had been scheduled, an electoral commission had been set up, and the date had been set This required prior efforts to ensure that the electorate rolls were drawn up in respect of the guarantees to ensure a real participation of the civil population in public life. These were positive aspects which the Committee took note of.
Mr. Amor said that he must also say frankly that having read the replies to the questions and heard the responses to the new queries and the provision of rich and varied information, he had the impression that this was a work in progress with certain inherent contradictions. Many questions still generated concern. Concerning the disappearances, not withstanding the assurances the delegation had given the Committee, he hoped for further information indicating what had happened to the disappeared persons. There seemed to be a practise of police violence which had been picked up by many observers. With regards to prisons, the delegation itself had described the situation in prisons as deplorable. While economic conditions could impact on conditions of detention, there was a minimum which must be ensured. The authorities could not count on prisoners’ families to feed them. Also, any detainee was entitled to legal assistance if so desired. Mr. Amor said that there was much to be said about displaced persons. The Committee would have to make its observations on that too.
The Chairman said that he was baffled about what the delegation had said about there only being one known case of a trafficked child who had been returned to his country. At the same time, there was a committee which dealt with this matter. This contradiction spoke loudly. Concerning child soldiers, there was a lot of information on this phenomenon from different sources. The information did not show that this case was being solved. Another important issue was the situation of women. One must be understanding when looking at cultural specifics, but this should not be an alibi for men to take certain acts. The situation of female genital mutilation in the country was alarming and unacceptable. Cultural traditions could warrant certain things, but they could not make this practise acceptable. More punishments must be given. In light of this situation, he was not surprised that the perception of women in the country was very poor, and that polygamy was the norm. Polygamy must be condemned, yet it continued to be regularly accepted in the country.
Finally, Mr. Amor said that the Central African Republic was rich in terms of history, culture and skilful politicians. Yet each time, with each change of regime, the world wondered for how long it would be protected from the infighting between the clans, and from the problem of impunity. Those perpetrating crimes had to be brought to justice. Yet impunity seemed to be the rule and not the exception. These were a lot of concerns which the Committee had. Yet it noted with great interest the efforts of the country to return to normalcy in the political institutional realm.
22 July 2004
The Human Rights Committee today considered how the Central African Republic implements the provisions of the International Covenant on Civil and Political Rights in the absence of a report.
Thierry Maleyombo, the High Commissioner for Human Rights and Good Governance of the Central African Republic, said that the situation of human rights in the country before the popular change of 2003 had been catastrophic. That was why the people had supported the change by force, as there was no other way. Since then, the Transitional Government had undertaken efforts and means to return political and legal institutional order in the country.
At the political level, the Transitional Government represented all the political trends in society as well as all the socio-political groups including Pygmies and Peuls, Mr. Maleyombo said. There was a reconciliation process going on. Many exiled people had returned to the country. Political parties and syndicates were now freely carrying out their work. The media and the press engaged in their activities in total independence. Also proper legislative, municipal and presidential elections were planned for January 2005.
Committee Chairperson Abdelfattah Amor said in preliminary remarks that
the Committee was neither insensitive to nor unaware of the efforts being made in the Central African Republic to ensure that at long last a state of law was being set up so as to permit its citizens to enjoy their rights, to re-establish their security and to ensure the normal work of their institutions. At the same time, he had the impression that this was a work in progress with certain inherent contradictions. Many issues still generated concern, including disappearances, police violence, the situation in prisons, trafficking in children, child soldiers and the situation of women.
Finally, Mr. Amor said that the Central African Republic was rich in terms of history, culture and skilful politicians. Yet each time, with each change of regime, the world wondered for how long it would be protected from the infighting between the clans, and from the problem of impunity. Those perpetrating crimes had to be brought to justice. Yet impunity seemed to be the rule and not the exception.
The Central African Republic is among the 152 States parties to the Covenant and as such it is obligated to submit periodic reports on its performance aimed at implementing the provisions of the treaty. The country did not present a report, but it submitted written replies to questions raised by the Committee Experts in advance and it sent a three-man delegation to respond to further questions by the Experts.
The next public meeting of the Committee will be held at 3 p.m. on Tuesday, 27 July, when Experts will discuss the annual report. The Committee will conclude its work on Friday, 30 July after publishing its final conclusions and recommendations on country reports which it has reviewed this session.
Statement by the Delegation
THIERRY MALEYOMBO, High Commissioner for Human Rights and Good Governance of the Central African Republic, said that he wished to describe to the Committee the situation in his country in March 2003 right before the Government had been changed. The past regime had dehumanised the people of the Central African Republic – the people had no rights. On the eve of the change, there was an accumulation of arrears of payment of salaries for 30 months. Among other violations, there were arbitrary arrests, rapes, non-existent justice, assassinations, nepotism, ethnicization of the Government and non-respect of the Constitution. The Transitional Government had undertaken efforts and means to return political and legal institutional order in the country.
At the political level, the Transitional Government had been set up representing all the political trends in society as well as all the socio-political groups, including Pygmies and Peuls. There was a reconciliation process going on. Many exiled people had returned to the country. The President had instructed the Vice President to create the post of a Mediator Ombudsman for the country. Political parties and syndicates were now freely carrying out their work. The media and the press engaged in their activities in total independence. Proper legislative, municipal and presidential elections were planned for January 2005.
Mr. Maleyombo said that in terms of the social situation and social security, payment of salaries and pensions had been improved despite the difficult economic situation. Insecurity in Bangui and in other provinces in the country had been reduced. The reactivation of the Permanent Military Tribunal meant that any human rights violations by the army could be brought to court. There had been a false declaration by former liberators that some of their colleagues had been summarily executed, but that was not true. The situation of human rights in the capital had been improved thanks to the efforts of the High Commissioner for Human Rights and Good Governance. However, the lack of logistical means meant that the work of the High Commissioner could not spread all over the country. Therefore, violations continued in some provinces.
In conclusion, Mr. Maleyombo said that the Central African Republic had ratified the African Charter on Human and People’s Rights in 1986 as well as a number of other international instruments related to human rights. However, the country had not provided the Committee with a report since 1986 and it recognized this shortcoming as non-compliance with its obligations. After the changes in 2003, the Transitional Government had set up a committee to prepare the report. It had had input from many entities. However, the committee faced difficulties in its work because of lack of resources due to the serious economic situation facing the country. He wished to launch an SOS to mobilise the international community to help the Central African Republic in its transition and return to constitutional and democratic order. The situation of human rights in the country before the popular change of 2003 had been catastrophic. That was why the people had supported the change by force, as there was no other way.
Response to Questions on the Constitutional and Legal Framework within which the Covenant was Implemented
The delegation said that although Ange Felix Patasse was democratically elected in 1993, his anti-democratic regime had carried out serious violations of human rights during the 10 years in which he was in power. Following the March 2003 victory, the 1995 Constitution and the national assembly had been dissolved. A state of emergency had been proclaimed. During the transitional period, human rights were guaranteed by Constitutional Acts 1 and 2 of March 2003. After dissolving the national assembly, the national transitional council had been set up to assist the President in his functions.
Response to Questions on the Right to an Effective Remedy
In response to a question on reports of serious violations of human rights and international humanitarian law by loyalist troops and foreign mercenaries during and after the attempted coups of May 2001 and October 2002, the delegation said that following the first coup, there were many cases of executions, assassinations, pillaging, arbitrary detention and other violations carried out by the loyalist troops and the foreign mercenaries who supported them. There had never been a judicial investigation into these violations. At the same time, the amnesty of 23 April 2003 covered the perpetrators of these acts. Concerning the second coup attempt, an investigation was carried out concerning killings, rapes, violations as well as economic crimes. Many of the suspects remained outside the country.
Asked how the Central African Government had reacted after a complaint was lodged with the International Criminal Court laying formal individual criminal charges against Jean-Pierre Bemba, Abdoulaye Miskine and Ange-Felix Patasse in respect of war crimes after the 2002 coup attempt, the delegation said that the Central African authorities had welcomed this news. Justice needed to be administered.
With regards to special assistance to women and girls who had been raped during the 2001, 2002 and 2003 events, the delegation said that the Government, with support from the United Nations, had created a programme to help such women. Some 500 women and young girls who were victims had benefited from this programme. The Transitional Government considered these rapes as war crimes and intended to call for trials for the perpetrators before national courts inside the country and through international tribunals for the perpetrators who had left the country.
Response to Questions on the Right to Life and Prohibition of Torture
In response to a question on what crimes could be punished by the death penalty, the delegation said that treason, espionage, charlatanism and witchcraft, assassination and murder were among the crimes which could be punished by the death penalty. No minor had ever been sentenced to the death penalty. No death penalty had been carried out since 1981, although judges continued to pronounce such judgements. On the possibility of abolition of the death penalty, the delegation said that this was a delicate issue given the insecurity in the country and the widespread availability of weapons. The transitional Government planned to try and gather as much of these weapons as possible. The Central African Republic was not about to abolish the death penalty, the delegation said.
Concerning a question on the reports that the civilian population since 2003 had been subjected to abuses committed by military forces and the Chadian forces who came in to support them, the delegation said that there had been isolated cases of such abuses, and the new authorities had taken strict measures to punish those responsible and to stop such abuses.
Asked about reports that the Central African Office for the Suppression of Banditry had carried out numerous summary executions, the delegation said that this Office had been set up by the police to fight bandits responsible for armed robbery among other crimes. Some killings had been carried out by this Office, usually during operations in the field. However, even if some regrettable cases had occurred before 2003, since then, efforts by the authorities had been implemented and the number of such killings had been reduced.
Concerning reconciliation efforts, the delegation said that a national dialogue had been held in October 2003 in which all socio-political groups in the country were represented. Recommendations had been adopted which had permitted virtually all nationals who had fled abroad during the military and political shake-ups to return home.
With regards to a question on human rights training for police and army officers, the delegation said that the Transitional Government, with help from partners, provided police and army officers with training, including on the right to a fair trial, to a presumption of innocence, to life and to not be subjected to torture. The Transitional Government provided the training to ensure that the work of the police and army officers was carried out appropriately. Documentation on human rights was
also distributed during training courses.
And in response to a question about female genital mutilation, the delegation said that today, the Government and the people were against this traditional practise and they condemned it. There was a national committee to prevent all kinds of violence against women and young girls. Among other measures, a radio broadcast once a week informed the population of the dangers of this practice. There had been a reduction in the number of cases of female genital mutilation following the work of the national committee. Most of the remaining cases were in the countryside.
Response to Questions on Prohibition of Slavery, Servitude and Forced or Compulsory Labour
With regards to a question on prison sentences with forced labour, the delegation listed the crimes which could be punished by prison with forced labour. Before Emperor Bokassa was forced out in 1979, prisoners served their sentences with forced labour by cutting stones in stone quarries. However, these quarries no longer existed. Today, sentences of prison with forced labour were still pronounced, but the forced labour part was not implemented.
In response to a question on trafficking in children, the delegation said that that situation was virtually non-existent in the Central African Republic. With regards to reports of the participation of youth under 18 in the rebellion before March 2003, the delegation said that participants in the rebellion had been mainly regular army soldiers and some Chadian elements who since the events had been compensated and had returned to their country. In the absence of an inquiry, it would be very difficult to know for sure whether children took part in the rebellion.
Comments and Questions Raised by Committee Experts
An Expert said that despite the absence of a report, the Committee had received written responses from the Central African Republic to the list of issues raised in advance, and the delegation present was providing more information. Today’s activities were part and parcel of the return of democracy to the Central African Republic which was a very positive step.
Another Expert noted reports of continued cases of abuse of power by policemen and other law enforcement officers, and the lack of proper punishment for such abuses. He asked the delegation whether these reports were true, and what steps did the State party envisage taking to respond to them.
Response by Delegation to Oral Questions Raised by Experts
The delegation said that the Experts had stressed the issue of constitutional order. It was the will of the Transitional Government to re-establish constitutional order and to ensure that the country returned to a state of law. A timetable had been drawn up for municipal, legislative and presidential elections next January. The Transitional Government wanted to ensure that the elections were transparent and free.
Concerning the national reconciliation process, the delegation said that after the events of March 2003, it was the will of the people of the Central African Republic to come together and reconcile and to ensure that the evil that they had suffered from did not return. The people were resolute to go forward with their peaceful existence. The Transitional Government was bound to implement all the recommendations of the national reconciliation process. An independent council had been created to ensure that these recommendations were implemented.
Response to Questions on Security of Person, Freedom from Arbitrary Arrest, Right to a Fair Trial, and Treatment of Prisoners
In response to a question about the reform of the Penal Code and the Code of Penal Procedure, the delegation said that this very important reform had started in February 2002.
Concerning the Standing Military Tribunal, the delegation said that the Tribunal was governed by a 1985 Ordinance. This Tribunal dealt with any crime which could challenge the safety and security of the State, including violations of human rights perpetrated by members of the police, security or armed forces.
With regards to the independence of the courts, the delegation said that justice in the country remained independent. Judicial power was the guardian of freedoms and property. Concerning the situation of health in prisons, the delegation said that the Central African Republic faced a lot of problems when it came to paying salaries because the economic fabric of the country had been destroyed by the previous regime. However, the Transitional Government had made enormous efforts in order to reform the central prison and health services provided there.
Response to Questions on Gender Equality and Non-Discrimination
The delegation said that the Committee had asked about the low representation of women in the national transitional council. When the council was set up, the authorities had given the political parties, non-governmental organizations, syndicates and other partners the freedom to designate their candidates. So it was not the authorities who had decided on the level of representation of women but those participating entities. One could not but regret this situation. The low level of representation of women was also reflected in the Government.
Response to Questions on Freedom of Movement
In response to a comment by the Committee that tens of thousands of persons, both civilians and combatants, had taken refuge away from their homes or in neighbouring countries following the 2001, 2002 and 2003 events, the delegation confirmed that tens of thousands of people had become displaced inside and outside the country. However, the law of amnesty had allowed everyone to return to his or her homes and to be reinstated in their jobs.
Preliminary Observations
ABDELFATTAH AMOR, Chairman of the Human Rights Committee, said in preliminary remarks that he thanked the delegation for all the efforts it had made to inform the Committee about the situation of human rights in the Central African Republic. Obviously, the Committee was neither insensitive to nor unaware of the efforts being made to ensure that at long last a state of law was being set up so as to permit its citizens to enjoy their rights, to re-establish their security and to ensure the normal work of their institutions. It was important to highlight this, as it was important to highlight the drafting of the Constitution on paper. He hoped that the necessary corrections of a technical nature would be made to the draft in a timely manner. The Committee also noted the will of the authorities to ensure a normal return to institutional life and a peaceful political life. Elections had been scheduled, an electoral commission had been set up, and the date had been set This required prior efforts to ensure that the electorate rolls were drawn up in respect of the guarantees to ensure a real participation of the civil population in public life. These were positive aspects which the Committee took note of.
Mr. Amor said that he must also say frankly that having read the replies to the questions and heard the responses to the new queries and the provision of rich and varied information, he had the impression that this was a work in progress with certain inherent contradictions. Many questions still generated concern. Concerning the disappearances, not withstanding the assurances the delegation had given the Committee, he hoped for further information indicating what had happened to the disappeared persons. There seemed to be a practise of police violence which had been picked up by many observers. With regards to prisons, the delegation itself had described the situation in prisons as deplorable. While economic conditions could impact on conditions of detention, there was a minimum which must be ensured. The authorities could not count on prisoners’ families to feed them. Also, any detainee was entitled to legal assistance if so desired. Mr. Amor said that there was much to be said about displaced persons. The Committee would have to make its observations on that too.
The Chairman said that he was baffled about what the delegation had said about there only being one known case of a trafficked child who had been returned to his country. At the same time, there was a committee which dealt with this matter. This contradiction spoke loudly. Concerning child soldiers, there was a lot of information on this phenomenon from different sources. The information did not show that this case was being solved. Another important issue was the situation of women. One must be understanding when looking at cultural specifics, but this should not be an alibi for men to take certain acts. The situation of female genital mutilation in the country was alarming and unacceptable. Cultural traditions could warrant certain things, but they could not make this practise acceptable. More punishments must be given. In light of this situation, he was not surprised that the perception of women in the country was very poor, and that polygamy was the norm. Polygamy must be condemned, yet it continued to be regularly accepted in the country.
Finally, Mr. Amor said that the Central African Republic was rich in terms of history, culture and skilful politicians. Yet each time, with each change of regime, the world wondered for how long it would be protected from the infighting between the clans, and from the problem of impunity. Those perpetrating crimes had to be brought to justice. Yet impunity seemed to be the rule and not the exception. These were a lot of concerns which the Committee had. Yet it noted with great interest the efforts of the country to return to normalcy in the political institutional realm.
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