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CAR: Latest Statements, News and Opinion

16 Nov 2011

Dear all,

Please find below information about recent developments related to the International Criminal Court's (ICC) investigation in the Central African Republic (CAR).

This message includes information on parliamentary consultations on the rule of law and justice in CAR organized by Coalition member Parliamentarians for Global Action (I), other statements by members of the Coalition for the International Criminal Court (II), related news and opinions (III), and audiovisual resources (IV).

Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

With regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. PARLIAMENTARY CONSULTATIONS ON THE RULE OF LAW & JUSTICE IN CAR

1. "Parliamentary Consultations on the Rule of Law & Justice in the Central African Republic," (National Assembly, Bangui, CAR), Parliamentarians for Global Action, 13-14 October 2011, http://www.pgaction.org/CAR_consultations_rule_of_law.html

"In the context of the ongoing peace consolidation efforts in the Central African Republic, this parliamentary conference provided a platform to discuss the role of international justice and the Rule of Law in the peace-building process, including the strengthening of the national justice system. It offered an opportunity to underscore the contribution of the Rome Statute of the International Criminal Court (ICC) to the fight against impunity and the promotion of peace, democracy and human rights, as well as law-reforms.

The discussions brought together over 85 Legislators from the recently elected parliament of the Central African Republic (CAR), a selected number of parliamentarians from the sub-region (Chad, DRC, Mali and Tanzania) and Europe (The Netherlands) and members of the Executive branches of the government, as well as leaders from International Organizations, other relevant stakeholders and representatives of the civil society.

... The opening session was concluded by the statement of H.E. Hon. Célestin Leroy Gaombalet, MP, Speaker of the National Assembly. Referring to the principle of complementarity of the Rome Statute, he emphasized the importance of strengthening national courts in order to allow them to pursue alleged perpetrators of international crimes. He further stressed the importance to fight impunity and to take into account victims' rights to participate in the proceedings and obtain reparations.

... Members of the civil society (Central African League for Human Rights) as well as the University of Bangui also participated actively during the two day conference to address different aspects from an activist and academic perspective, discussing the merits of the principle of universal jurisdiction as an example. Participants heard from another important actor, the International Organization of Francophonie (OIF), represented by Mr. Michel Carrier, Delegation for Peace, Democracy and Human Rights: Since 1989, the OIF developed programmes in support of the rule of law focusing in essence on logistical support and the training of personnel, the organization of local seminars and the dissemination of information.

During the entire two days, the Consultations saw the extremely active and intense interaction by Central African MPs. Several Legislators insisted on the need to reinforce State presence in the countries' provinces, where the security situation is still very instable and the threat of armed groups against the civilian population must be eradicated, including through an international operation for the arrest of Joseph Kony and the other leaders of the Lord's Resistance Army wanted by the ICC. Without that precondition, reinforcing domestic justice as such in those regions will be hard to attain. Therefore, the need to effectively integrate the provisions on international crimes and international cooperation for the fight against impunity as reflected in the revised CAR Penal Code into the Security Sector Reform was one of the demands expressed by the MPs. At the same token, a sufficient allocation of resources for the justice sector was identified as a core action to be undertaken by the Government and the Parliament. Those and other key outcomes were captured in a comprehensive Declaration, which was adopted at the end of the conference by the MPs...."

2. "BANGUI DECLARATION for JUSTICE and the RULE OF LAW," Parliamentary Consultations on the Rule of Law & Justice in the Central African Republic (National Assembly, Bangui, CAR) 13-14 October 2011, http://www.pgaction.org/uploadedfiles/Declaration ENG PGA CAR final.pdf

"We, the Members of Parliament who attended the Consultations on the Rule of Law & Justice in the Central African Republic, held in Bangui from 13 to 14 October 2011 under auspices of the Central African National Assembly, are profoundly delighted to welcome this initiative of the Parliamentarians for Global Action, International Law and Human Rights Programme, and we wish to be engaged in the concrete realization of the following action-points, using our parliamentary prerogatives regarding the control of governmental action, budget and legislative initiatives:

1) On the role of the reinforcement of the Rule of Law and national judicial systems in the peace consolidation
- The Rule of Law and Justice are considered priorities for funding by the International Community of donors in peace-building and stabilization efforts
- The mandate of the configuration for the Central African Republic of the Peace Building Commission (PBC) of the UN is fully realized in CAR and used as a reference for other programmes in support of other countries by the international community with the aim to reinforce the rule of law and the respect of fundamental human rights;

- In reference to the situation in the Central African Republic, the recommendations formulated by the "General Conference on Justice" (Etats Généraux de la Justice) of 2007, renewed in the Decennial Programme for Justice adopted by the Government in 2010, concerning the resolution of the most important problems affecting the judicial system have to be fully implemented;

- Make adequate allocations to Justice and the Rule of Law institutions and mechanisms in the Budget of the State (on which Parliament must decide and give approval to every year);

- Within the quantitative and qualitative framework of our National budgetary allocations to Justice and the Rule of Law, appropriate allocations are made to Magistrates (Judges and Prosecutors) to safeguard the independent exercise of their judicial mandate (e.g. salaries, tools, infrastructures and staff);
Action Mondiale des Parlementaires - Campagne pour la CPI www.pgaction.org New York / La Haye 2/2

- In the framework of international development cooperation, data and statistics have to be made available concerning the percentage of the aid which is dedicated to rule of law programmes, in order to maximize the impact of these resources and being able to increase them according to identified needs;

- In order to attain sustainable peace, long-term strategies have to be established, allowing Rule of Law programmes protecting the rights and dignity of the population and respond to their request for justice, taking into account the specific needs of the most vulnerable groups, such as women and children.

2) On the priority of putting an end to impunity and the use of the "ICC process" as a catalyst for law reforms
- The full and effective implementation of the Rome Statute provisions in our national laws
- The use of the Rome Statute standards on victims' rights, criminalization of gender-based offenses and offenses against children, general principles of law (e.g. individual criminal responsibility) and other norms and standards to reform and modernize our national legal and procedural systems

To this effect, we are willing to use the assistance of all development actors and of the PGA expert-Secretariat to submit to our Parliament proposals for reform concerning new laws and proposals of amendment to strengthen existing laws
- In respect of the situation in Central African Republic, the provisions on international crimes, the general principles of law (including universal jurisdiction, the principle aut dedere aut judicare and command responsibility) as well as international cooperation for the fight against impunity - which shall be fully integrated in the Code of Criminal Procedure of 2009 - shall be included in training-courses, rules of engagement of all national security forces and security sector reforms.

3) On the full and effective cooperation with the ICC
- Political support to the work of the ICC in fighting impunity, in particular through full support for the effective and prompt cooperation of our States in coopering with ICC, especially in the execution of pending Arrest Warrants;

- The promotion and support of any adequate, targeted initiative that shall bring about the arrest and surrender to the Court of any person wanted by the ICC and present in the CAR territories, starting with the leaders of the Lord's Resistance Army (LRA), with specific reference to a new AU initiative for a joint arrest operation among DRC, CAR, Uganda and South Sudan and to the military support of the United States, France, the European Union as well as other relevant stakeholder.

- The promotion of the National Prosecutions of International Crimes to complement the limited cases so far presented before the ICC by the Prosecutor and to advance relevant cooperation with neighboring countries (e.g. CAR-DRC bilateral cooperation on mutual judicial assistance and extradition)

- The dissemination of the knowledge of the Rome Statute among our electorates and peoples to maximize the dissuasive effect of the Rome Statute system and its impact on peace, democracy and Human Rights through the fight against impunity.

SEE ALSO:

3. "ICC participates in a seminar on justice and the rule of law at the National Assembly of the Central African Republic, organised by Parliamentarians for Global Action," (La CPI participe à un séminaire sur la Justice et l'Etat de droit à l'Assemblée nationale de la République centrafricaine, organisé par l'Action Mondiale des Parlementaires), ICC Press Statement, ICC-CPI-20111019-PR734, 19 October 2011, http://www.icc-cpi.int/menus/icc/press and media/press releases/news and highlights/pr734 [in French]

4. "End of consultations on justice and the rule of law in CAR," (Fin des travaux de consultation sur la justice et l'état de droit en République Centrafricaine), Agence Centrafrique Presse, 19 October 2011
http://www.acap-cf.info/Fin-des-travaux-de-consultation-sur-la-justice-et-l-etat-de-droit-en-Republique-Centrafricaine_a4425.html [In French]

II. COALITION MEMBER STATEMENTS

1. "Declaration from the Dungu Workshop, Common Position Resulting from the Workshop Held in Dungu on October 20 to 23, 2011," 20 civil society organizations, 11 November 2011, http://www.hrw.org/news/2011/11/11/declaration-dungu-workshop

"From October 20 to 23, Human Rights Watch and the Justice and Peace Commission of the Catholic Diocese of Dungu (CDJP) hosted a four-day workshop in Dungu, northern Democratic Republic of Congo, to consider the continued threat to civilians by the Ugandan rebel group, the Lord's Resistance Army (LRA). The workshop was attended by civil society activists from the Central African Republic (CAR), South Sudan, Congo, and Uganda, as well as other international actors.

This declaration and the recommendations listed below were commonly developed and agreed to by all participants.

The participants welcomed the recent announcement by the government of the United States to deploy 100 military advisors to LRA-affected areas, and particularly recognized the commitment the US government has shown towards helping to resolve the LRA problem. Participants stressed, however, that this deployment will only be effective if the governments of CAR, South Sudan and Congo recognize the continued LRA threat to civilians across the region and fully commit to meaningful cooperation in regional and international efforts to protect civilians.

The participants raised concerns that the governments of Congo, South Sudan and CAR, have repeatedly minimized the LRA threat and its devastating effect on civilians. The participants raised particular concerns about the Congolese government who have stated that the LRA threat no longer exists in Congo, a claim the participants strongly disputed.

Participants also called for more significant engagement from the African Union, the European Union, the United Nations Security Council and UN peacekeeping missions in the LRA-affected region. They further called for more financial and technical support to early warning networks, sensitization and demobilization efforts, and long-term rehabilitation for returnees and ex-combatants...."

2. "Letter to Central African Republic President François Bozizé from Civil Society Representatives in LRA-affected areas of the Democratic Republic of Congo, Central African Republic and South Sudan," 20 civil society organizations, 11 November 2011
http://www.hrw.org/news/2011/11/11/letter-central-african-republic-president-fran-ois-boziz-civil-society-representativ

"Dear President François Bozizé,

We, the civil society representatives of Haut and Bas Uele districts in northern Democratic Republic of Congo, Western Equatoria State in South Sudan, and Mbomou and Haut Mbomou prefectures of the Central African Republic (CAR), write to call your attention to the ongoing atrocities committed by the Lord's Resistance Army (LRA) in eastern Central African Republic, and the neighboring regions of Congo and South Sudan.

We have traversed an incredibly difficult period in the region since 2008, losing many innocent lives and being forced to flee from our homes time and again. Today, LRA leader Joseph Kony is thought to be hiding in the forests of eastern CAR near the Vovodo River, according to military reports and accounts from those who have recently escaped the group. Other senior LRA leaders were said to have met recently with Kony on Central African territory.

In total, the LRA has killed more than 2,400 civilians and abducted at least 3,400 others since September 2008. Many of the victims were Central Africans, and the attacks continue. On September 29, for example, about 15 LRA combatants suspected to be in the same group as Joseph Kony attacked the village of Lingou, near Derbissaka, in CAR, killing the village chief and abducting three men. Four nearby villages were abandoned after the attack, as people fled in fear. Civilians in this remote region have no protection from LRA attacks, and often no means of communicating with others to call for help.

Despite numerous other challenges you are facing in the north and west of the country, we urge you to make the LRA-affected region one of your top priorities...."

3. "Central African Republic: Civilians bear the brunt of decades of violence and abuses," Amnesty International press statement, 20 October 2011, http://www.amnesty.org/en/news-and-updates/report/central-african-republic-civilians-bear-brunt-decades-violence-and-abuses-20

"Local and foreign armed groups in the CAR are still killing, abducting, torturing and raping civilians, as well as burning houses and looting property, Amnesty International said in a report released today. The report 'Central African Republic - Action needed to end decades of abuse' describes how CAR's population has been terrorized for decades by armed groups who have been able to operate with virtual impunity. Despite peace agreements and a fledgling Disarmament, Demobilization and Reintegration process, armed conflict continues to ravage the country resulting in civilian deaths and mass internal displacement.

"The CAR covers an enormous territory and most of it is a black hole in terms of human rights. At least 14 armed groups are currently operating in the country yet the government has consistently shown itself to be incapable or unwilling to take action to protect its citizens," said Godfrey Byaruhanga, Amnesty International's Central Africa researcher.

"Grave human rights violations, including possible war crimes and crimes against humanity, are committed with appalling frequency but the justice vacuum that exists in CAR means there's no end in sight."

The CAR government exercises tenuous control over the country with an ill-equipped, ill disciplined and poorly trained security force which itself commits human rights violations. The malfunctioning domestic justice system has failed to prosecute anyone for crimes under international law despite the crimes being incorporated in its Penal Code in January 2010. Measures such as amnesties, which are often incorporated into peace agreements between the government and armed groups, as well as a failure to prosecute members of the security forces and armed group leaders, will continue to encourage others to commit human rights abuses.

Since the referral of CAR to the International Criminal Court in December 2004 just one arrest has been made. Congolese armed group leader Jean-Pierre Bemba is currently on trial at The Hague on charges of crimes against humanity and the war crimes of murder, rape and pillage.

"Investigation and prosecution of abuses that indicate that war crimes and crimes against humanity may have been committed are a shared responsibility of the international community and the CAR. To date all attempts have failed abysmally," said Godfrey Byaruhanga.

...Foreign governments must ensure that any military support does not lead to further human rights abuses. LRA commanders who have been indicted by the International Criminal Court (ICC) should, if arrested or captured, be handed over to the Court.

Amnesty International is calling on the African Union, through its Peace and Security Council, to take the lead to coordinate measures to build a coalition of governments and inter-governmental organisations for the purpose of protecting and promoting human rights in the CAR."

READ THE REPORT: "Central African Republic: Civilians bear the brunt of decades of violence and abuses," Amnesty International report, 20 October 2011, http://www.coalitionfortheicc.org/documents/afr190012011en.pdf

SEE ALSO:

4. "Letter to President Barack Obama From Civil Society Representatives in LRA-affected areas of the Democratic Republic of Congo, Central African Republic and South Sudan," 20 civil society organizations, 11 November 2011 , http://www.hrw.org/news/2011/11/11/letter-president-barack-obama-civil-society-representatives-lra-affected-areas-democ

5. "Implementing Peace and Security Architecture (I): Central Africa," International Crisis Group, 7 November 2011, http://www.crisisgroup.org/en/publication-type/media-releases/2011/africa/implementing-peace-and-security-architecture-I-central-africa.aspx

6. "Obama Sends Military Support to Help Combat LRA Rebels," Human Rights Watch press statement, 20 October 2011, http://www.hrw.org/news/2011/10/20/obama-sends-military-support-help-combat-lra-rebels?tr=y&auid=9731922

7. "Security Council demands immediate halt to all attacks by Lord's Resistance Army in Central Africa, especially on civilians, insisting on disarming combatants," United Nations Security Council Report, SC/10446, 14 November 2011, http://reliefweb.int/sites/reliefweb.int/files/resources/Full_Document_34.pdf

III. RELATED NEWS AND OPINIONS

A. RELATED NEWS

1. "Why Obama Sent Troops to Africa - The Lord's Resistance Army has murdered, abducted or mutilated scores of thousands, especially children," by Mia Farrow and John Prendergast, Wall Street Journal, 24 October 2011, http://online.wsj.com/article/SB10001424052970204618704576645352340482330.html?mod=googlenews_wsj

2. "It's time to get rid of Joseph Kony," by Kate Heartfield, Ottawa Citizen, 20 October 2011, http://www.ottawacitizen.com/news/time+Joseph+Kony/5577774/story.html

3. "Human Rights Campaign Complements US Effort to Fight LRA," by Sean Maroney, Voice of America, 20 October 2011, http://www.voanews.com/english/news/africa/Human-Rights-Campaign-Complements-US-Effort-to-Fight-LRA-132205718.html

4. "US troops to Uganda & Kony off to Darfur?" Radio Netherlands, 24 October 2011, http://www.rnw.nl/international-justice/article/us-troops-uganda-kony-darfur

5. "LRA leaders scoff at US military intervention," by Julius N. Uma, Sudan Tribune, 22 October 2011, http://www.sudantribune.com/LRA-leaders-scoff-at-US-military,40494

6. "CAR violence troubles ICRC, " UPI, 10 November 2011, http://www.upi.com/Top_News/Special/2011/11/10/CAR-violence-troubles-ICRC/UPI-68441320941076/?spt=hs&or=tn

7. "Central Africa no rights 'black hole': government," AFP, 3 November 2011, http://www.google.com/hostednews/afp/article/ALeqM5jnEai7wWfPhQqBVX58AmCU3oZ_EA?docId=CNG.0dcb7d3d860d0cf5c7d1a0b3866f2f13.4b1

8. "Amnesty: CAR a human rights 'black hole'," UPI, 21 October 2011, http://www.upi.com/Top_News/Special/2011/10/21/Amnesty-CAR-a-human-rights-black-hole/UPI-29321319212591/

B. BEMBA TRIAL UPDATES

1. "Bemba Saw Corpses But Said Nothing to His Soldiers," by Wakabi Wairagala, Bemba Trial Blog, 14 November 2011, http://www.bembatrial.org/2011/11/bemba-saw-corpses-but-said-nothing-to-his-soldiers/

2. "Witness Describes Meetings Between Bemba And His Soldiers," by Wakabi Wairagala, Bemba Trial Blog, 14 November 2011, http://www.bembatrial.org/2011/11/witness-describes-meetings-between-bemba-and-his-soldiers/

3. "Lack of Interpreters Stalls Bemba's ICC Trial," by Wakabi Wairagala, Bemba Trial Blog, 8 November 2011
http://www.bembatrial.org/2011/11/lack-of-interpreters-stalls-bemba’s-icc-trial/

4. "Bemba's Top Commander in Bangui Disciplined Errant Soldiers," by Wakabi Wairagala, Bemba Trial Blog, 7 November 2011
http://www.bembatrial.org/2011/11/bemba’s-top-commander-in-bangui-disciplined-errant-soldiers/

5. "Colonel Says Bemba's Troops Operated Independently," by Wakabi Wairagala, Bemba Trial Blog, 4 November 2011
http://www.bembatrial.org/2011/11/colonel-says-bemba’s-troops-operated-independently/

6. "Witness Recounts Gang-Rapes But Admits to Inconsistencies," by Wakabi Wairagala, Bemba Trial Blog, 4 November 2011
http://www.bembatrial.org/2011/11/witness-recounts-gang-rapes-but-admits-to-inconsistencies/

7. "Witness concedes to inconsistencies in his testimony," by Wakabi Wairagala, Bemba Trial Blog, 3 November 2011
http://www.bembatrial.org/2011/11/witness-concedes-to-inconsistencies-in-his-testimony/

8. "Bemba Trial Adjourns as Witness Reported Unable to Continue Testimony," by Wakabi Wairagala, Bemba Trial Blog, 2 November 2011
http://www.bembatrial.org/2011/11/bemba-trial-adjourns-as-witness-reported-unable-to-continue-testimony/

9. "Witness questioned about pictures of Bemba's fighters," by Wakabi Wairagala, Bemba Trial Blog, 1 November 2011
http://www.bembatrial.org/2011/11/witness-questioned-about-pictures-of-bemba’s-fighters/

10. "DRC Rape Victims Waiting for Justice," by Passy Mubalama, IWPR, 31 October 2011, http://iwpr.net/report-news/drc-rape-victims-waiting-justice

11. "ICC/BEMBA - "Destroy everything, we are at war" (testimony)," Fondation Hirondelle - Hirondelle News Agency, 27 October 2011, http://www.hirondellenews.com/content/view/14926/1176/

12. "Witness Transported Bemba And His Soldiers to Bangui," by Wakabi Wairagala, Bemba Trial Blog, 27 October 2011, http://www.bembatrial.org/2011/10/witness-transported-bemba-and-his-soldiers-to-bangui/

13. "Former Army Officer Recounts Rapes, Murders by Bozizé Rebels," by Wakabi Wairagala, Bemba Trial Blog, 26 October 2011
http://www.bembatrial.org/2011/10/former-army-officer-recounts-rapes-murders-by-bozize-rebels/

14. "Bemba Maintains Quest For Freedom From ICC Jail," by Wakabi Wairagala, Bemba Trial Blog, 20 October 2011, http://www.bembatrial.org/2011/10/bemba-maintains-quest-for-freedom-from-icc-jail/

15. "Central African Colonel Says Bemba Forces Worked Independently," by Wakabi Wairagala, Bemba Trial Blog, 17 October 2011, http://www.bembatrial.org/2011/10/central-african-colonel-says-bemba-forces-worked-independently/

16. "Witness Doubts Bemba Gave Talk That Fueled Brutalities," by Wakabi Wairagala, Bemba Trial Blog, 6 October 2011, http://www.bembatrial.org/2011/10/witness-doubts-bemba-gave-talk-that-fueled-brutalities/

17. "Logbooks from Bemba's militia Examined at Trial," by Wakabi Wairagala, Bemba Trial Blog, 4 October 2011, http://www.bembatrial.org/2011/10/logbooks-from-bembas-militia-examined-at-trial/

18. "Prosecution's 30th Witness Describes MLC Military Structure," by Wakabi Wairagala, Bemba Trial Blog, 3 October 2011, http://www.bembatrial.org/2011/10/prosecution’s-30th-witness-describes-mlc-military-structure/

19. "Thousands More Apply to Join Bemba's Trial as Victims," by Wakabi Wairagala, Bemba Trial Blog, 30 September 2011, http://www.bembatrial.org/2011/09/thousands-more-apply-to-join-bemba’s-trial-as-victims/

20. "ICC/BEMBA - Bemba's trial adjourned until October 17," Fondation Hirondelle - Hirondelle News Agency, 13 October 2011, http://www.hirondellenews.com/content/view/14872/1176/

IV. AUDIOVISUAL RESOURCES

1. "Case of The Prosecutor v. Jean-Pierre Bemba Gombo, Weekly summary of the proceedings," (7-11 November 2011)
http://www.youtube.com/watch?v=US2R_9Q510A
Audio (mpeg3) for download:
http://www.fileserver.icc-cpi.info/audio/111114_Bemba.mp3
Video (mpeg4) for download:
http://www.fileserver.icc-cpi.info/video/111114_Bemba.mp4

2. "Case of The Prosecutor v. Jean-Pierre Bemba Gombo, Weekly summary of the proceedings," (31 October-4 November 2011)
http://www.youtube.com/watch?v=mA9P9HQAeTI
Audio (mpeg3) for download:
http://www.fileserver.icc-cpi.info/audio/111107_Bemba.mp3
Video (mpeg4) for download:
http://www.fileserver.icc-cpi.info/video/111107_Bemba.mp4

3. "Case of The Prosecutor v. Jean-Pierre Bemba Gombo, Weekly summary of the proceedings," (17-21 October 2011)
http://www.youtube.com/watch?v=Ipw4KnNrYq0
Audio (mpeg3) for download:
http://www.fileserver.icc-cpi.info/audio/111024_Bemba.mp3
Video (mpeg4) for download:
http://www.fileserver.icc-cpi.info/video/111024_Bemba.mp4

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CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands