Resolution on the Central African Republic

The Forum on the participation of NGOs at the 39th Ordinary Session of the African Commission on Human and Peoples’ Rights,

Recalling the grave violations of Human Rights and of International Humanitarian Law perpetrated against civilians by the loyalist and rebel forces on the occasion of the attempted Coup d’Etat by General Bozizé from October 2002 to March 2003;

Recalling the seizure by the State of Central Africa of the Public Prosecutor of the International Criminal Court on the situation in the Central African Republic since the 1st July 2002;

Taking note of the decision of the Central African Republic’s Court of Appeal on the 11th April 2006 in the case Ange-Félix Patassé and others on the crimes committed in July 2002 which highlights « the incapability of the Central African judicial services to really see this inquiry or the proceedings through » and maintains that “the recourse to international cooperation remains in this case, the sole means of preventing impunity” (…) The International Criminal Court offers the possibility of seeking out and punishing the perpetrators of the most serious crimes which affect the entire international community ».

Expressing satisfaction with the adoption by the Central African National Assembly of the Agreement on the Privileges and Immunities of the International Criminal Court;

Considering the resurgence of insecurity in the country due to the activities of highway robbers and brigands, of attacks by new rebel movements and of the reprisals by the Government forces;

Considering the attacks of rebel movements in the Districts of Kabo and Markounda in December 2005 and that of the Town of Paoua on the 28th January 2006 which was followed by blind reprisals by the Government forces resulting in dozens of death among the civilian populations;

Considering the bringing of legal proceedings by the Central African Government against certain individuals accused of setting up or supporting rebel movements and the impunity bestowed on the elements of the Government forces;

Hereby requests the African Commission on Human and Peoples’ Rights to adopt a Resolution:

1. Expressing its great concern with regard to the impunity of the crimes committed by the warring parties during the attempted Coup d’Etat of the General Bozizé of October 2002 to March 2003;

2. Requesting the Prosecutor of the International Criminal Court to open an inquiry on the situation in the Central African Republic since 1st July 2002 with the objective of fighting against the impunity of international crimes and to contribute to the prevention of new crimes;

3. Requesting the Central African Authorities to reform the Central African Criminal Code and Criminal Procedure Code in order to harmonize them with the international instruments for the protection of the Human Rights ratified by the Central African Republic, notably with the provisions of the Statutes of the International Criminal Court;
4. Urging the rebel movements and Government forces to strictly respect international human rights law and international humanitarian law;

5. Requesting the Authorities concerned to investigate the serious human rights and humanitarian law violations perpetrated as much by the Government forces as by the rebel movements in 2005 and 2006 in the North of the country, and to institute legal proceedings against and judge their perpetrators before the national Courts;

6. Requesting the Authorities concerned to take all the necessary measures to ensure that compensation is paid to the victims.

Done in Banjul , 8th May 2006