Resolution on the Human Rights Situation in the Central African Republic

We, the participants meeting at the NGO Forum preceding the 41st Ordinary Session of the African Commission on Human and Peoples’ Rights at the Coconut Groove Hotel in Accra, Ghana on 12 -14 May 2007, state as follows:

Recalling the serious violations of human rights and international humanitarian law perpetrated against the civilian populations by the loyalist forces and the rebels during the attempted coup d’état by General Bozizé in October 2002 and of his take over of power in March 2003;

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

Considering the extremely precarious security situation in the entire country and more particularly in the North West, notably in the Prefectures of Ouham and Ouham-Pende, the civilian population is confronted with a real humanitarian crisis. The almost daily attacks between the armed rebel elements and the troops of the Central African Armed Forces “CAAF” are perpetrated in violation of international humanitarian law. Testimonies refer to summary executions, sexual abuse and systematic looting. Several villages have been burnt out. Testimonies place the responsibility of these crimes on both the elements of the rebel groups and the members of the Central African Armed Forces “CAAF” and more particularly on the elements of the presidential guard;

Considering that the North East region of the Central African Republic has also been the scene of violent clashes, notably in November 2006 and March 2007 between the rebel forces and the Central African Army supported by the French military. The battles have been carried out in violation of international humanitarian law, giving rise to the death of several civilians. Present in Birao on the 21st March 2007, the United Nations humanitarian coordinator in the CAR declared: « never before has the UN seen a town of the Central African Republic with 70% of its houses burnt down and deserted by 95% of the population»;

Taking into account the address delivered to the Security Council on the 4th April 2007 by John Homes, Deputy Secretary General of Humanitarian Affairs and UN Emergency Assistance Coordinator: “in one of the poorest countries of the world, where one million inhabitants depend already on humanitarian assistance, the recent fighting between the rebel groups and the army has brought about the displacement of 212,000 extra persons this year, besides the 70,000 persons who have taken refuge in Chad and in Cameroon”.

Considering that numerous persons carry the stigmata of war in this country sunken into violence: women, children and elderly persons raped, children born from rape, individuals affected by the Aids virus, amputees, orphans, child loss, members of the family assassinated, under-nourishment, etc… Affected in their physical and moral integrity, the victims suffer doubly from their stigmatization within the Central African society and from the general indifference towards their situation of extreme physical, social and economic distress;

Noting the fact that the Human Rights Defenders who try to spread the news of this dramatic situation are subjected to death threats and harassment;

Taking into account finally that the majority of the actors in the current conflict in the CAR are the same as those who are presumed to be the ones most responsible for the crimes committed against the civilian population during General Bozizé’s attempted coup d’état in 2002 and during his takeover of power in March 2003, a convincing manifestation of the havoc caused by impunity. In effect, in April 2006, the Appeals Court had declared the Central African Courts “incompetent” to carry out investigations and to institute legal proceedings against the perpetrators of the most serious crimes committed on Central African territory during the attempted coup d’état and had referred the matter to the International Criminal Court which had already been seized of this situation by the Central African State in December 2004;

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

1- Condemning the serious violations of international humanitarian law and of international human rights law committed by the warring parties against the civilian population in the Central African Republic;

2- Demanding the parties to the conflict:

– to observe strict respect for the international provisions on the protection of human rights and of international humanitarian law;
– to observe an immediate and general cease fire across the entire national territory;
– to facilitate the circulation and the activities of the humanitarian organizations in the North of the country;

3- Requesting the National Authorities

– to do everything possible to ensure that the perpetrators of the most serious crimes are brought to justice and judged in conformity with the international provisions on the protection of human rights;
– to respect the physical and moral integrity of the human rights defenders, and more generally to respect the provisions of the Declaration on Human Rights Defenders adopted in 1998 by the United Nations General Assembly;
– to accept the visits by the United Nations Special Rapporteurs on summary, extra-judiciary and arbitrary executions, on torture, on arbitrary detentions and on human rights defenders;

4- Requesting the United Nations Agencies present in the CAR to provide support to the victims of the conflict, notably to the members of the Organization for the Compassion and Development of Families in Distress « OCODEFAD », by providing assistance to the activities notably by providing food and medicines and giving financial support for medical and psychological follow-up;

5- Calling for the creation in Bangui of a branch Office of the United Nations Office of the High Commissioner for Human Rights having the mandate of promoting the rule of law through technical cooperation; of preparing reports on the human rights situation in the country; and of coordinating with the OUNCA and any other Agency of the Security Council based in the CAR the protection of the civilian population, notably that of human rights defenders and the victims of international crimes;

6- Calling for the dispatch of a peace keeping force to the borders of the Central African Republic, Sudan and Chad, as proposed by the United Nations Secretary General in a report made public on the 23rd February to guarantee the protection of the civilian populations;

7- Urging the Prosecutor of the International Criminal Court seized by the Central African Government in December 2004 to open an inquiry on the situation in the Central African Republic without delay;

8- Requesting the Authorities concerned to investigate the serious human rights and international humanitarian law violations perpetrated by both the Government Forces and rebel movements in 2003, 2006 and 2007 in the North of the country and to institute legal proceedings against the perpetrators and have them judged in the national courts.

Done in Accra, May 14th, 2007