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Central African Republic: Independent Expert calls for transparency and independence in the selection process of new Commissioners for Truth Commission

30 July 2024

GENEVA – In accordance with new decree n° 24 0-139 of 24 May 2024 creating a Committee to select new candidates for the Central African Republic’s Truth, Justice and Reconciliation Commission (CVJRR), the selection process of the CVJRR members must be more representative, transparent and independent, a human rights expert said today. The Independent Expert on the situation of human rights in the Central African Republic, Yao Agbetse, issued the following statement:

“The fight against impunity and the reconciliation process requires a more representative, transparent, effective, independent and resourced CVJRR in the Central African Republic.

The Political Agreement for Peace and Reconciliation in the Central African Republic (APPR-RCA) of 6 February 2019, endorsed the recommendation of the Bangui Forum of May 2015 for the creation of a Truth, Justice, Reparation and Reconciliation Commission (CVJRR). In articles 4(s) and 9, it provided for the creation of such a commission within 3 months of the signing of the Agreement.

The CVJRR is tasked with "investigating, establishing the truth and apportioning responsibility for serious national events since 29 March 1959, covering 60 years of the Central African Republic's tumultuous history.

Following decree no. 20.435 of 30 December 2020, ratifying the appointment of the members of the CVJRR, the 11 Commissioners were sworn in on 2 July 2021 before the Bangui Court of Appeal.

Since March 2023, deep internal misunderstandings have jeopardised the Commission's operations, and it has been unable to deliver and achieve the objectives it set itself. Despite good offices missions and multiple mediations, including my own, the dysfunction could not be resolved. The Commission premises were closed down and the mission of the 11 Commissioners was ended by a decree on 7 May 2024.

In view of the vicissitudes that the Commission has experienced, it is urgent that steps be taken to avoid the same causes producing the same effects with the ongoing selection process of new candidates for the CVJRR.

The Selection Committee should:

  • Ensure that the process of appointing Commissioners strictly respects the principles of transparency and impartiality, and is based solely on the skills, expertise and experience of the candidates.
  • Respect the provisions of articles 7 to 11 of the Law of 7 April 2020, so that the composition is plural and representative of all components of the population, including minorities.
  • Respect the 2016 law on gender parity, including article 7 and following the law of 7 April 2020, on the composition of the Commission.

The selection process must be free of any hindrance, interference or pressure from state authorities and institutions, including the Ministry in charge of humanitarian action and national reconciliation.

I call on the Central African authorities to:

  • Provide the Commission with a permanent headquarters;
  • Provide the Commission with the human, financial, logistical and other resources it needs to carry out its mission of combating impunity and building guarantees of non-recurrence, in complementarity with the Special Criminal Court (CPS) and national jurisdictions;
  • Organise a government seminar dedicated to political and institutional support for the Commission's smooth operation.

Finally, I reiterate my appeal to technical and financial partners to provide substantial, multi-faceted support to the Commission.”

Mr. Yao Agbetse is the Independent Expert on the situation of human rights in the Central African Republic, is a human rights lawyer, researcher and teacher who has devoted the last 25 years of his life to justice and human rights, including the rights of the child. He has implemented human rights programs at the national level and has provided legal and technical advice for the development and monitoring of national human rights laws and policies, particularly in Benin, Côte d'Ivoire, in the Democratic Republic of Congo, Mali and Togo. He has created a space and tools for dialogue and joint efforts by state actors and CSOs. In the DRC, Côte d'Ivoire and Mali, it has implemented DDR programs, trained army and police chiefs, and provided support to mandate-holders and United Nations operations, including participating in the interactive dialogue under item 10 during sessions of the Human Rights Council in Geneva. He provided first-hand and factual information to UN experts to help them assess human rights challenges in different countries and made specific and workable recommendations to ensure accountability and access to Justice. The mandate of the Independent Expert on the situation of human rights in the Central African Republic was established by the Human Rights Council on 27 September 2013.

Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

UN Human Rights, Country Page: Central African Republic

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