Expert Urges Transparency in CAR Truth Commission Choice

OHCHR

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."

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