Country Context

CENTRAL AFRICAN REPUBLIC

Since its independence in 1960, more than 10 coups (between 1995–2005) have catalyzed widespread violence in the CAR. The most recent conflict began in 2013 between mostly Muslim armed groups (the Séléka) and mostly Christian armed groups (the Anti-Balaka). The Séléka seized power in a violent coup and the Anti-Balaka formed, initially, in resistance to that coup. The identities of the groups involved in the fighting added a new religious dimension to what had previously been primarily a struggle for political control.[i] Both groups engaged in widespread violations, killing thousands and displacing more than 575,000 people.[ii]

Armed groups and the CAR government signed a series of ceasefires and peace agreements between 2015 and 2019. In July 2014, a ceasefire agreement between Joachim Kokate, a leader of the anti-Balaka militia, and former president Michel Djotodia ended the initial period of fighting.[iii] That ceasefire was the first step in a negotiation process that eventually established the Bangui Forum for National Reconciliation, an inclusive dialogue process that saw diverse participation across society, including 120 female delegates out of the total 700.[iv] The Bangui Forum produced the Republican Pact for Peace, National Reconciliation and Reconstruction, which laid a transitional justice roadmap and linked it to other reform efforts. These efforts included the creation of the Special Criminal Court (SCC) and a future truth commission; cooperation with the ICC; a constitutional revision process; a citizenship path for Muslims; and a program for disarmament, demobilization, reintegration and repatriation.[v]

Violence escalated again between 2017 and 2018, before the Khartoum Agreement signed in 2019 took the next step toward justice, truth and memory. The government agreed to hold a national consultation on a truth commission, adopt a law bringing it into being and “develop and implement an action plan on traditional reconciliation mechanisms.”[vi] The Truth, Justice, Reparation and Reconciliation Commission (CVJRR) held its first meeting in July 2021.

Despite these positive steps, the future remains uncertain. Large parts of the country remain under the control of armed groups and violence has flared up frequently. Some criminal trials have been held and have resulted in convictions, but formal accountability measures remain divorced from both truth-telling and traditional justice processes. The CVJRR has yet to engage its mandate, in part because it still lacks funding, an implementing decree and rules of procedure.[vii] Both government security forces and armed groups continue to enjoy impunity for their actions, and violence remains widespread.[viii]

Memory

State-sponsored memory and truth-telling have been minimal despite the clear desire for memorialization in survivor communities.[i] This is due in part to ongoing insecurity and lack of political will. The CVJRR was established in December 2020, but it is still waiting to receive final authorization through its implementing decree, which has been sitting with the Constitutional Court since 2021. No specific budget has been allocated to the CVJRR, and it has yet to hold any hearings or conduct any investigations. These developments bear out the fears some observers have had since the CVJRR was first convened that the government would starve the Commission of resources and authority to prevent it from engaging in genuine truth-seeking.[ii]

Communities and civil society have generally been unable to engage in acts of public memory, despite the advent of a formal truth and reconciliation process. One exception is the Movement of Survivors of Sexual Violence in Central Africa (MOSUCA), a network of six local organizations spread across 14 provinces. MOSUCA created a national radio program to disseminate information, organized several large-scale advocacy events about eliminating sexual violence and brought civilians to testify before Parliament.[iii] In 2021, President Faustin-Archange Touadéra invited MOSUCA to join a national committee focused on reducing SGBV.[iv]

 By contrast, in 2021, the Wagner Group, a Russian private security force accused of numerous abuses in CAR and elsewhere, erected a statue in Bangui to honor the contribution of Russian mercenaries in defending the capital against rebel forces.[v] President Touadéra, who welcomed these paramilitary forces in December 2020, attended the unveiling ceremony.[vi]

Justice

Victims and communities have made it clear that they desire justice as well as peace, and that justice means accountability for past actions, an end to ongoing impunity—including for SGBV—and reparations for victims.[i] CAR can draw on a diverse array of international, national and traditional justice mechanisms, all of which have a role to play in delivering justice and accountability for victims and communities.

At the international level, the ICC has been engaged in investigating war crimes and crimes against humanity in CAR since 2002. In 2021, the ICC opened new cases against two Anti-Balaka suspects and held a confirmation of charges hearing against a Séléka leader.[ii] The ICC works in collaboration with the SCC, although the ICC has priority on cases being investigated by both courts.[iii]

The SCC is a hybrid criminal court established in 2016,[iv] with a broad mandate to consider all violations of human rights and international humanitarian law committed since 2003. The court operates as a partnership between the ICC and the Ministry of Justice and Human Rights, with both national and international judges and staff. The court’s operation is severely limited, however, by insufficient funds and the inability to arrest many of those charged after they have fled to neighboring countries.[v] The SCC held its first trial in 2022 and issued its first judgment in October 2022 against three former members of the armed military group 3R (Return, Reclamation and Rehabilitation) who were found guilty of war crimes and crimes against humanity.[vi] 

National courts are also empowered to address international crimes and conflict-related human rights abuses.[vii] The Bangui Criminal Court, for instance, convicted senior members of both the Séléka and Anti-Balaka militias before the SCC had held its first hearing. All offenses, however, have a 10-year statute of limitations, which will increasingly limit the courts’ ability to address older cases.[viii]

Traditional justice processes also operate in various parts of the country. Surveys have indicated a high level of trust in these processes, which are carried out by neighborhood chiefs, village chiefs and local authorities, in associative structures, in religious structures and even within armed groups.[ix] Yet, the lack of a formal legal framework can often lead to arbitrary decisions and historically does not adequately protect the human rights of women, children, people with disabilities and other marginalized individuals.[x]

For transitional justice advocates, reparations that “[focus on] economic development, guarantee non-recurrence, and address socioeconomic issues” are crucial to advance justice from a victim-centered perspective.[xi] Pilot reparations programs have been trialed in the past, and victims have communicated their reparations needs through a variety of forums, but thus far no formal reparations process has begun.[xii] This has left many victims and communities feeling forgotten, which undermines the legitimacy of other truth and justice processes.[xiii]

Education

As of the writing of this report, CAR has not introduced any state-led education initiatives related to truth or memory. The education system in general has very limited capacity and has experienced continued disruption due to decades of conflict. Civil society has attempted to fill some basic educational gaps in literacy, numeracy and basic skills, but these do not extend to educational material on history of the conflicts. Meanwhile, children remain at serious risk for forcible recruitment into armed groups, particularly those separated from their families.[i]

Recommendations

  • Civil society groups and communities should continue organizing acts of public recognition and memory, particularly where such acts may reduce stigma for survivors, such as supporting survivors of sexual violence.       

  • The government of CAR should finalize the implementing decree for the CVJRR and provide it with adequate financial resources to begin its work.

  •    CSOs in CAR should develop visual, audio and written educational materials about CAR’s recent history of conflict to counter the feeling of many victims and communities that they have been forgotten.  

  • International donors and the international legal community should continue to support the work of the SCC, including through public outreach initiatives to engage victims and communities with the SCC.

Notes

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