Excerpts from the Amnesty International report, "CAR: Human rights crisis spiralling out of control":
Since December 2012, hundreds of civilians have been deliberately killed while thousands have been subjected to torture and other forms of cruel, inhuman or degrading treatment, including rape and other forms of sexual violence.
Seleka soldiers have attacked civilians across the country and left families destitute and public institutions desolate.
Children, both boys and girls, have continued to be recruited by Seleka and other armed groups.
Several hundred thousand civilians have been displaced while more than 60,000 Central Africans have fled to neighbouring countries.
According to humanitarian sources in the CAR, there were more than 30,000 internally displaced persons in Bossangoa as a result of fighting which started in September 2013.
Not only do the new authorities appear to lack the will and/or the capacity to prevent or stop human rights violations, it is Seleka soldiers who are the main perpetrators.
Jointly or separately, Seleka soldiers, bandits, armed nomads and poachers have deliberately burned houses and other civilian properties.
There have been reports of armed groups - some of them reported to be fighting for the return to power of ousted President François Bozizé - targeting civilians accused of supporting the new government.
There are fears in the CAR that some of the abuses appear to be targeted at religious groups, with predominantly Muslim members of Seleka targeting Christians and Christian institutions. In apparent retaliation, non-Muslims have targeted Muslims.
These human rights violations and abuses by soldiers and armed groups may amount to war crimes and crimes against humanity.
Recommendations by Amnesty International for ending the abuses:
Amnesty International is calling upon the CAR government to:
Publicly and unequivocally condemn all human rights violations and abuses committed by all armed groups and security forces, and in particular by Seleka soldiers.
Immediately suspend from duty any person reasonably suspected of involvement in human rights violations and abuses until a determination of guilt or innocence is reached.
Strengthen the Mixed Commission of Inquiry by guaranteeing its independence, impartiality and competence, with a balance of women and men, and in consultation with civil society organizations, including women's organisations, to investigate all reports of possible crimes under international law or other human rights violations by forces belonging to the former and current governments, as well as by armed groups, regardless of who is alleged to have committed them, with a view to identifying those responsible and bringing them to justice without recourse to the death penalty.
Ensure that victims and their families have access to an effective remedy, including full and effective reparation to address the harm they have suffered. Reparation should take a number of forms, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
Investigate crimes under international law committed by all sides. Where sufficient admissible evidence exists, persons suspected of the crimes, including those suspected of command responsibility, should be prosecuted in proceedings which meet international standards of fairness and without recourse to the death penalty.
Ensure that human rights defenders and humanitarian workers, as well as other members of civil society, can carry out their work without fear and that those who attack them or otherwise impede their work are brought to justice in fair trials without recourse to the death penalty.
Build, with the support of the international community, a justice system and an administrative infrastructure that are able to investigate and prosecute human rights violations, including by ensuring that judicial officials are provided with the necessary resources and security to conduct their work effectively and without fear of retaliation.
Immediately separate from their ranks all children associated with armed forces and armed groups operating in the country, and proceed with the disarmament, demobilisation and reintegration of those children in cooperation with relevant international actors. The government should provide guarantees that no children will be recruited in the future into the security forces. Foreign children associated with security forces and armed groups should be repatriated to their places of origin in a manner that respects the best interests of the children involved.
Give and implement clear instructions and take all lawful measures to ensure that the security forces are accountable to legitimate civilian authority in order to protect and respect the rights of all civilians in the CAR.
Provide medical and psycho-social care to victims of human rights violations and abuses, including specialist services to survivors of rape, sexual slavery and other forms of sexual violence.
Work and collaborate with the UN Team of Experts on the Rule of Law and Sexual Violence in Conflict in order to build a national capacity to prevent rape and other forms of sexual violence, including prosecuting those suspected of the crimes and providing care and reparation to victims. Also implement the commitments reached between the UN and the former CAR government towards eliminating sexual violence in armed conflict.i
In consultation with civil society, especially women's organisations, develop and implement a National Action Plan to implement UN Security Council Resolution 1325 on the participation of women in transitional and peace processes and the protection of women and girls from sexual violence in armed conflict.
The African Union should:
Urgently deploy adequate numbers of AFISM-CAR / MISCA peacekeepers with a clear mandate to protect civilians from harm and establish the rule of law in the country. These peacekeepers should be properly trained, including in human rights, as well as gender sensitivity, and equipped to implement their mandate effectively.
Publish in full the mandate of AFISM-CAR / MISCA so that it is widely known to people in the CAR. Ensure that people in the CAR are adequately informed of who they may report to if and when they have complaints and/or other concerns about the conduct of AFISM-CAR / MISCA peacekeepers and other personnel.
Ensure that in the planning and implementation of the peacekeeping mission, human rights issues are put at the centre and that the AU makes use of its various mechanisms, including consulting with its bodies with a human rights mandate, to ensure that the rule of law is established in the CAR.
State clearly and ensure that any misconduct by AFISM-CAR / MISCA peacekeepers, and in particular any case of sexual exploitation and abuse, will be properly and expeditiously investigated, and anybody found to be responsible for such misconduct will be disciplined and/or prosecuted and punished according to the gravity of the offence and respecting international standards of due process.
Establish a unit within or working closely with AFISM-CAR / MISCA to investigate reports of the involvement of foreign fighters in the commission of human rights abuses, some of which may amount to war crimes and crimes against humanity, and if there is sufficient evidence, prosecute those suspected of the crimes in fair trials without recourse to the death penalty or extradite to a country that will do so.
Ensure that looted property is returned to its rightful owners.
Ensure, through AFISM-CAR / MISCA, that all foreign and local fighters who have committed human rights violations or crimes under international law are excluded from the national security forces and that no support to these forces is provided until that exclusion takes place. Foreign fighters should be disarmed, demobilised and repatriated to their countries of origin,ii unless they are being held and subjected to criminal investigations and prosecutions due to their alleged involvement in human rights violations or abuses in the CAR.
Instruct AFISM-CAR / MISCA to work together with relevant UN entities and the national government to make sure that children associated with the CAR security forces are disarmed, demobilised, reintegrated into civilian society and repatriated to their countries of origin in the case of foreign children.
Make public the AFISM-CAR / MISCA reports on the implementation of its mandate and in particular on progress made on the protection of the civilian population and the establishment of the rule of law in the country.
Support and assist the CAR to develop and implement a National Action Plan on UN Security Council Resolution 1325 on the participation of women in transitional and peace processes and the protection of women and girls.
The UN, particularly the Security Council, should:
Provide support to the deployment of AFISM-CAR / MISCA peacekeepers in sufficient numbers and with the training, resources and capacity to protect civilians and establish the rule of law in the CAR.
In application of the UN Human Rights Due Diligence Policy, conduct an assessment of the potential risks and benefits involved in providing that support, in particular regarding the record of the different contingents' compliance or non-compliance with international humanitarian, human rights and refugee law, including any specific record of grave violations by personnel who will be involved in the peacekeeping operation.
Ensure that any foreign and local fighters who have been involved in the commission of human rights violations and abuses are excluded from the army and any other security forces, and that foreign fighters are disarmed, demobilised and repatriated to their countries of origin, unless they are being held and subjected to criminal investigations and prosecutions due to their alleged involvement in human rights violations or abuses in the CAR.
Urge the CAR government to respect, protect and promote human rights, and to investigate crimes under international law and other human rights violations committed in the country, and if there is sufficient evidence to prosecute suspects in fair trials without recourse to the death penalty, or extradite them to another country that will do so; and to provide full reparation to victims.
Support local civil society, including women human rights defenders, in their work on prevention, and support for survivors of human rights violations, including rape and other forms of sexual violence and the rehabilitation and reintegration of former child soldiers.
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Ensure that BINUCA is provided with all the resources it needs to implement its mandate and deploy throughout the country, in particular to monitor, investigate and report regularly and publicly on human rights violations and abuses, specifically on violations and abuses committed against children and women, including all forms of sexual violence in armed conflict, and to contribute to efforts to prevent such violations and abuses as well as to create a protective environment to end impunity.
Recruit and deploy qualified civilian staff, in sufficient numbers, to serve in BINUCA or any UN Mission to be deployed in the country, including human rights officers with the relevant professional training, experience and skill to conduct human rights monitoring, investigation, reporting and capacity building activities.
Ensure that BINUCA provides technical assistance so as to strengthen the capacity of national institutions, in particular the judicial system, to allow those institutions to identify the needs and the means to address serious violations and abuses committed in the past.
Ensure that BINUCA, in coordination with other UN agencies and relevant non-governmental organizations, and in cooperation with AFISM-CAR / MISCA and national authorities, verify the separation of children associated with all CAR security forces, and that they are disarmed, demobilised and reintegrated into civilian society, and repatriated to their countries of origin in the case of foreigners, taking always into account the best interests of the children involved.
Members of the International Contact Group on the CAR, including France and USA, should:
Provide material and human resources, as well as political support, to national and international efforts to re-establish the rule of law in the country and to respect, protect and promote human rights.
Urge the CAR government to respect, protect and promote human rights, and to investigate crimes under international law and other human rights violations committed in the country, and if there is sufficient evidence to prosecute suspects in fair trials without recourse to the death penalty, or extradite them to another country to face trial that is willing to do so; and to provide full reparation to victims.
Support local civil society, including women human rights defenders, in their work on prevention, and support for survivors of human rights violations, including rape and other forms of sexual violence and the rehabilitation and reintegration of former child soldiers.
Provide material and human resources for the care of victims of human rights violations and abuses who have sustained physical and psychological injuries until they attain full recovery and are able to take care of themselves.
