Florent Geel, Stephen Rapp, Christian Londoumon, Patryk L. Labuda, Fabrizio Hochschild, Sof a Candeias and Netsanet Belay SIDE EVENT CENTRAL AFRICAN REPUBLIC STRENGTHENING THE CENTRAL AFRICAN REPUBLIC’S JUSTICE SYSTEM AND OPERATIONALISING THE SPECIAL CRIMINAL COURT 16 NOVEMBER 2016 HOTEL SILKEN BERLAYMONT | BRUSSELS Roundtable Report SIDE EVENT CENTRAL AFRICAN REPUBLIC STRENGTHENING THE CENTRAL AFRICAN REPUBLIC’S JUSTICE SYSTEM AND OPERATIONALISING THE SPECIAL CRIMINAL COURT 16 NOVEMBER 2016 HOTEL SILKEN BERLAYMONT | BRUSSELS EXECUTIVE SUMMARY especially the UN’s Multidimensional play in restoring peace and security in the Integrated Stabilisation Mission in the CAR. He concluded by reiterating the CAR On 16 November 2016, the Wayamo Central African Republic (MINUSCA). Held government’s f rm commitment to the f ght Foundation, the International Nuremberg on the sidelines of the European Union against impunity. Principles Academy and the Africa Group (EU)’s donor conference on the CAR, the Speaking on behalf of Hassan Bubacar for Justice and Accountability (AGJA) co- roundtable helped clarify the most pressing Jallow, AGJA memBer and former Chief Flavien Mbata, Justice Minister of the Central African Republic hosted a roundtable in Brussels, Belgium. needs of the country’s government and the Prosecutor of the International Criminal Entitled “Strengthening the Central type of technical and f nancial assistance TriBunal for Rwanda, Didier Preira – African RepuBlic’s justice system and that the international community could AGJA expert consultant – welcomed operationalising the Special Criminal Court”, provide to the national justice sector. the CAR government’s continuing efforts DETAILED REPORT to establish the SCC and encouraged it the event afforded an opportunity to crimes and crimes against humanity. Justice, rights, ensuring development, providing “Justice for serious crimes is necessary for to take advantage of the conference INTRODUCTION discuss recent developments in the region he stressed, would be a strong signal that justice, and guaranteeing investment. The sustainaBle peace in the Central African to accelerate the hyBrid court’s and challenges facing the national justice The side event was opened by Bettina there would Be no more tolerance for serious plan included 5 main components: Republic,” said the Justice Minister. “The operationalisation. system, and the proposed Special Criminal Ambach, Director of the Wayamo crimes. 1) operationalising the SCC; f ght against impunity is a means of ensuring The roundtable brought together a variety Court (SCC) in particular. Foundation, and Klaus Rackwitz, Director 2) rehabilitating the penitentiary and national reconciliation, which would Break of perspectives. Netsanet Belay of Amnesty Inaugurated by the Minister of Justice of of the International Nuremberg Principles The Minister noted that the justice system faced corrections system; with past practices that encouraged chaos International and Florent Geel of the the Central African Republic (CAR), Flavien Academy, who explained their organisations’ a wide range of problems in the shape 3) equipping the judicial services; and violence.” In his keynote address, the International Federation for Human Rights, Mbata, the roundtable brought together respective mandates and how they related of damaged or destroyed infrastructures, 4) protecting human rights and establishing Minister discussed various challenges facing laid stress on the importance of victim CAR government and judicial off cials, to the CAR government’s efforts to combat particularly court buildings, off ces and prisons, a national human rights commission; and, the justice sector, and what role the SCC participation and effective outreach, diplomats, NGO representatives, and impunity. Didier Preira, AGJA expert as well as insuff cient human resources. The 5) training justice sector personnel. and the international community could to ensure that the CAR population had members of international organisations, consultant, intervened on behalf of Hassan Ministry’s 2009 justice reform plan had Been realistic expectations of the SCC. Drawing Bubacar Jallow, AGJA member and former interrupted by the 2012 crisis, which reversed With regard to the SCC, the Minister on her work in the Off ce of the UN’s Chief Prosecutor of the reminded his Special representative on sexual violence, International Criminal audience that Sof a Candeias spoke about the need for Tribunal for Rwanda, this would be accountability for sexual- and gender- emphasising the Africa FLAVIEN MBATA: The law establishing the SCC sends a strong the f rst time based violence in the specif c historical Group’s continued signal in the f ght against impunity and will contribute to long- in the history and political context of the CAR. For their support for the CAR of transitional part, FaBrizio Hochschild, Deputy Special government. Building term stability, crime prevention and national reconciliation. justice that a Representative of the Secretary General on the AGJA’s visit to special tribu- and Resident Representative of UNDP in Bangui in September nal operated the CAR, and Stephen Rapp, former US 2016, Mr Preira welcomed the government’s gains that had already been achieved. An in a conf ict zone, and he underscored Ambassador-at-Large for War Crimes, drew work to operationalise the SCC, and emergency plan conceived during the 2014- the fact that the CAR authorities had attention to the benef ts and limitations proposed to accelerate the Court’s 2015 transition was never implemented, due accomplished this in just 9 months. Integrated of a hybrid court in a post-conf ict zone, establishment, which would be an essential to a lack of resources and a tenuous security into the national judiciary for 5 years, the and in particular the SCC’s relationship means of ensuring justice for CAR victims of situation, with armed groups continuing to SCC would apply CAR law and prosecute vis-à-vis the CAR’s justice system. Various atrocity crimes. operate in many regions of the CAR. Adopted the most serious crimes in conformity with the panellists discussed recent progress in June 2015, the law establishing the SCC Roman-Germanic judicial tradition. The SCC in establishing the SCC, with Christian In his keynote address, the CAR Minister of sent a strong signal in the f ght against impunity, would co-operate with the ICC, but for this Londoumon, President of the CAR Court of Justice, Mr. Flavien Mbata, explained the and it was hoped, added the Minister, that it to become a reality the CAR government Cassation, giving a detailed update of the historical and political context of his country’s would also contribute to long-term stability, still needed the necessary infrastructure, recruitment of the Court’s international and current crisis, including the widespread crime prevention and national reconciliation. qualif ed staff, and f nancial and political Marie-Thérèse Keita Bocoum, Independent Expert on the situation of human rights in national staff, and the Minister of Justice atrocities that had taken place since 2013. support. The aim, he explained, was to Central African Republic, and Fabrizio Hochschild, Deputy Special Representative of the answering questions from the f oor about He emphasised that justice was essential to Mr. Mbata presented his government’s new integrate external support progressively and Secretary General, Resident Coordinator of the United Nations System, Humanitarian the government’s policies on international peace and that earlier episodes of impunity in sectorial plan on justice reform, aimed to strengthen the national system over the Coordinator, and Resident Representative of UNDP in the Central African Republic criminal justice. CAR had encouraged the commission of war at consolidating peace, protecting human long term. - 2 - - 3 - Roundtable Report Mr. Mbata went on to stress that the would be provided by the CAR authorities, and other judicial organs were in dire need Roundtable Sofa Candeias, Judicial Affairs Offcer in weak, with a very low budget, when the Government had pledged to create the with Bangui’s Tribunal de Grande Instance of support: key infrastructures were missing, the Team of Experts on Sexual Violence in 2013 crisis had erupted. The UN had been SCC, which would operate impartially across being earmarked for the purpose; a security especially outside of Bangui. Even in the Netsanet Belay, Africa Director at Amnesty Armed Confict, reminded all those present working on the justice system since 2004, the entire territory of the CAR, so as to plan had been transmitted to the UN to capital, the fve most prominent courts International, began by thanking the Minister that the CAR had been one of the frst and the MINUSCA currently had a strong reassure the population. Justice, he insisted, ensure that both national and international – the Constitutional Court, the Supreme of Justice for his candid assessment of the countries to be visited by the current justice-support mandate, which allowed it to was at the centre of President Faustin staff would be protected; the MINUSCA was Court of Justice, Court of Cassation, State situation in the CAR, an assessment with Special Representative of the Secretary participate in a range of activities. Touadéra’s political platform. The Minister in the process of mapping crimes committed Council and Court of Auditors – would all which his organisation mostly agreed. He then General (SRSG) on sexual violence in armed confrmed that he had personally