UNDP contributed to fighting impunity in the Central African Republic and facilitated the organization of three criminal sessions at the Court of Appeal of Bangui. In 2023, 48 cases were adjudicated with 48 people convicted and 33 acquitted.
As a result of UNDP support to a civil society organization, three legal clinics opened in 2023 providing psychosocial and legal services to 655 survivors. The services included referrals to hospitals for medical care in rape and assault cases, submitting cases to judicial authorities for investigation and providing representation in courts.
Through the legal clinics, UNDP supported the organization of mobile court hearings in the Sibut High Court in Mala and Dékoa in the Kémo prefecture. These courts adjudicated 19 cases, ensuring the presence of an assigned lawyer and other attributes of due process.
In 2023, the Special Criminal Court advanced in 23 judicial investigations, with a plan to complete approximately 40 investigations by the end of 2024. Protection measures were provided for approximately 300 victims and witnesses, including 24 women, in the context of ongoing judicial proceedings.
Since 2020, the Central African Republic (CAR) has seen a gradual improvement in the security situation and recovery from the long crisis that has shaken its economic equilibrium and weakened social fabric. The State has progressed in improving governance and restoring the rule of law. Many of the regions, formerly under the control of armed groups, were liberated and are returning to stability, although some residual pockets of insecurity still exist, along with other development challenges.
The Joint Rule of Law Programme in CAR is one of the flagship UN joint programme modalities operationalized through the UN Global Focal Point for the Rule of Law (GFP). The programme is implemented by UNDP and the UN Multidimensional Integrated Stabilization Mission in CAR (MINUSCA) in cooperation with the Team of Experts on Rule of Law and Sexual Violence in Conflict (ToE). This ‘One-UN’ approach facilitates resource mobilization and allows the UN to leverage the comparative advantages of different agencies and work towards common objectives.
In 2023, with the support from UNDP’s Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development (the Global Programme), the joint programme provided integrated support to people-centred transitional justice processes in CAR, focusing on the three key workstreams:
- Supporting people-centred transitional justice mechanisms.
- Ensuring uninterrupted and accessible legal aid services.
- Improving community security.
ACCESS TO JUSTICE
To support the Government in fighting impunity, UNDP facilitated the organization of three criminal sessions at the Court of Appeal of Bangui, the capital. In 2023, 48 cases were adjudicated with 48 people convicted and 33 acquitted. According to the feedback UNDP received from national and international partners, the frequency of the sessions and the trial process meet the expectations of the stakeholders with regards to the due process and justice delivery.
Since 2019, with the joint support of UNDP and MINUSCA provided under the GFP umbrella, nine legal clinics have been established to provide legal and psychosocial support. In 2023, with the support of the Global Programme, UNDP partnered with Paddel, a local civil society organization (CSO) to facilitate access to justice and psychosocial care for women and girl survivors of gender-based violence in the Nana Mambéré prefecture, particularly in Bouar and Sibut. As a result, three legal clinics were opened where lawyers, psychosocial assistants and paralegals provided psychosocial and legal support to 655 survivors, including 367 women, 25 men, 133 girls and nine boys. Out of these, 226 survivors were referred to hospitals for medical care in rape and assault cases, 56 medical certificates were issued for rape cases with the expenses covered by the clinics, 166 cases were filed and submitted to judicial authorities, and 39 cases were adjudicated. Finally, 15 cases of rape were under preliminary investigation.
In addition, over 200 mediation sessions were conducted at the legal clinics, in 87 cases, family and community conflicts were successfully prevented or managed. Further, through the legal clinics, UNDP supported the organization of mobile court hearings by the Sibut High Court in Mala and Dékoa in the Kémo prefecture. These courts adjudicated 19 cases, ensuring the presence of an assigned lawyer and other attributes of due process.
To raise people’s awareness about their right to access justice and services available in the legal clinics, UNDP organized training for 40 community leaders and civil society activists in Bangui, as well as five radio broadcasts. In total, the awareness raising activities reached over 5,000 people. The 40 community leaders capacitated by UNDP became community liaisons, engaging in further awareness raising and assisting the survivors in accessing the services.
TRANSITIONAL JUSTICE
The GFP partners continued supporting the transitional justice mechanisms in CAR – the Special Criminal Court (SCC) and the Truth, Justice, Reconciliation and Reparation Commission.
In 2023, the SCC expanded its work, having received 27 new complaints. In addition, four new cases were transmitted to the Investigation Chamber and 13 cases were at the preliminary consideration stage. The court advanced in 23 judicial investigations, with a plan to complete approximately 40 investigations by the end of 2024. Protection measures were provided for approximately 300 victims and witnesses, including 24 women, in the context of ongoing judicial proceedings.
In November 2023, the first trial was completed in the SCC and the final appeal judgement was issued in the Paoua case on war crimes and crimes against humanity. A trial in another war crimes case (Ndélé 1 case) started in December 2023.
As part of its mandate to strengthen the capacity of the national judiciary, the SCC started the development of a compendium of judicial decisions rendered in criminal matters in CAR and increased its coordination with the National School of Administration and Magistracy (ENAM).
The Truth, Justice, Reconciliation and Reparation Commission (CVJRR) was operationalized through a launch event that brought together around 50 technical and financial partners, as well as civil society organizations and media. As a result, the CVJRR intervention strategy and operational plan were presented and agreed. Finally, UNDP facilitated technical exchange and expertise sharing between the International Centre for Transitional Justice (ICTJ) and the CVJRR and provided equipment for the CVJRR operations.
Lessons learned and good practices
CAR faces significant challenges with regards to women’s access to justice and achieving gender equality. Community-based awareness raising campaigns, gender-responsive services provided by the legal clinics, as well as income-generating support have proven to be effective for women’s empowerment and violence prevention.
The Court of Appeal in Bangui improved its compliance with legal requirements regarding the frequency of criminal sessions which resulted in the increased number of cases resolved during a year.
To ensure national ownership of the access to justice interventions, UNDP advocated for a stronger national engagement. As a result, the criminal sessions of the Court of Appeal were partly funded from the state budget.
Looking forward
The UN joint programme modalities implemented through the GFP will continue its efforts in breaking the cycle of impunity in CAR, investing in people-centred justice, security, sustainable peace and development.