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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.
Please note that the language may have been edited in places for the purpose of clarity.
Reports:
- UN High Commissioner for Human Rights on the situation of human rights in the Central African Republic
- Representative of the Secretary-General on Internally Displaced Persons (2011)
- Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
- Representative of the Secretary-General on Internally Displaced Persons (2008)
(A/HRC/24/59)
Country visit: 20 June to 11 July 2013
Report published: 12 September 2013
Summary: The mission examined allegations of violations of international human rights and humanitarian law committed by the former Bozizé regime and the non-State armed group, the Séléka coalition, during the armed conflict from 10 December 2012 to 23 March 2013. [...]The Séléka also engaged in sexual violence and grave violations against children. On the basis of the information collected by the mission, those acts constitute gross human rights violations and may amount to war crimes. After 24 March 2013, gross violations of international human rights law, such as summary executions, sexual violence, recruitment of children and looting of property, including hospitals, schools and churches, committed by the Séléka continued unabated.
IV. Violations of international law committed from 10 December 2012 to 23 March 2013 - B. Violations by the non-State armed group Séléka - 3. Sexual and gender-based violence:
Information collected from protection actors suggests that sexual violence was committed by the Séléka in the country, including against children, from 10 December 2012 to 23 March 2013. It was, however, difficult for the mission to obtain testimonies from victims of sexual and gender-based violence or witnesses mainly because of their fear of stigmatization. (para 39)
4. Grave violations committed against children - (a) Sexual violence involving children:
The majority of counterparts interviewed reported cases of sexual violence against children and the use of girls as sexual slaves. The mission itself received isolated information on alleged cases of sexual slavery. (para 42)
(b) Recruitment of children:
Interviews conducted with children formerly associated with the Séléka coalition also confirmed allegations on the recruitment of children by the coalition between 10 December 2012 and 23 March 2013, in particular by the Convention des patriotes pour la justice et la paix, in breach of their commitment to the action plan signed with the United Nations in November 2011. The recruitment of children was reported during the progression of Séléka forces to Kaga-Bandoro, Sibut and Damara, from where the attack on Bangui was launched. Some of the children recruited were reported to be from Chad and the Sudan. (para 43)
The mission also received reliable information that the Séléka had used recruited children as human shields, more particularly during the battle opposing them in Damara to the South African contingent in their progression to take Bangui, on 23 and 24 March 2013. (para 44)
(c) Attacks on hospitals and schools:
The already limited provision of basic services was severely affected by the conflict. Schools and hospitals were systematically looted or occupied for military purposes across the country as the Séléka took control of such major cities as Ndelé (Bamingui-Bangoran Prefecture) and Kaga-Bandoro, in December 2012, and progressed towards Bangui. (para 45)
In Kanga-Bandoro, for instance, the mission was informed that the Séléka had occupied the primary school between December 2012 and January 2013, and had removed all the doors, windows and roofing metal sheets before leaving. Primary schools in Sibut were similarly occupied by the Séléka. (para 46)
VI. Violations of international law committed from 24 March to 11 July 2013 - C. Arbitrary arrest and detention:
The mission received reports indicating that people had been sentenced by Séléka soldiers, even though they are not authorized by law to exercise judicial power. Reported forms of punishment varied from imprisonment to fines. (para 57)
Despite repeated requests, the mission was not granted access to military camps where conflict-related detainees were believed to be held. (para 58)
The mission was, however, allowed to visit two detention facilities, where it interviewed at least 50 detainees, including three children, in the Office central de répression contre le banditisme and in the Section recherche et investigation. (para 59)
E. Sexual and gender-based violence:
The mission had the opportunity to meet with two medical sources in Bangui. One of them had registered 79 cases of rape mainly by the Séléka after 24 March 2013, including children between 5 and 8 years of age. Around 60 per cent of victims were raped in Bangui and 40 per cent around the village of Damara and on the axis Damara-Boali. According to another medical source in Bangui, 38 women treated in the health centre, including three children, had allegedly been raped by members of the Séléka between February and the beginning of July 2013. (para 65)
In Bangui alone, the mission received 29 testimonies and reports of rape by the Séléka committed in eight different neighbourhoods. Different sources reported that, between 13 and 16 April 2013, several women, including girls aged between 12 and 14 years, were raped in the neighbourhood of Boy-Rabe known to be pro-Bozizé. One source referred to the alleged rape of seven women, while another reported a case of rape of four women, on 14 April, and of a 12-year old girl, on 15 April. The mission interviewed a woman raped in the same neighbourhood on 17 April. It also received information on cases of rape during its field visits to the villages of Mbaïki, Damara, Kaga-Bandoro and Sibut. (para 66)
F. Grave violations committed against children - 1. Killings involving children:
Information received by the mission suggested that many children had been killed or maimed by the Séléka. The mission documented several cases of summary execution. In one particular case, the victim, a 14-year old boy arrested on 22 June 2013 and tortured at the Bataillon de soutien et de service, was found dead among other victims in the M’Poko River two days later. (para 68)
In Bangui alone, the mission was informed by medical sources that about 84 injured children had been admitted to hospital from March to June 2013,. The causes of injuries varied from road accidents caused by the Séléka, stray bullets, shelling, grenades or, in most cases, deliberate attempts to kill the children. Some victims were forced to undergo amputation as a result of their injuries. (para 69)
The events in Boy-Rabe on 14 April 2013, when two rockets hit the Eglise évangélique des Frères de Cité Jean XXIII, killing seven people and injuring 35 others, were documented by BINUCA. The mission was able to collect additional testimonies from medical sources and victims. Of the 35 injured, four children aged 5 or 6 years had to undergo amputation; three of one leg, and one of both legs. (para 70)
2. Sexual violence involving children:
Protection partners caring for girls who had separated from the Séléka reported that a large number of victims of sexual violence committed by the Séléka are children, ranging from 2 to 17 years of age. In addition, findings from interviews conducted by the Joint MONUSCO/BINUCA Investigation Mission with Central African refugees in the Democratic Republic of the Congo, between 22 May and 5 June 2013, revealed that many reported cases of rape of women and girls had been committed by the Séléka. (para 71)
3. Recruitment of children:
During the period under review, the United Nations Children’s Fund (UNICEF) assisted 149 children (134 boys and 15 girls) aged between 12 and 17 years who had been recruited by the Séléka. Fifty five of the children were personally handed over to UNICEF by the President of the National Transitional Council between 27 and 30 June. Access to military camps and barracks, including camp Béal, the largest in Bangui, and Camp de Roux, which also serves as the presidential office, is restricted and protection actors could not undertake systematic screening activities. (para 72)
The mission witnessed the presence of many children among the Séléka in pick-up vehicles during patrols, at the Office central de répression contre le banditisme and the Section recherche et investigation in Bangui, as well as in Damara, Sibut, Mbaïki and Kaga-Bandoro. At the Office central de répression, the team observed the presence of five children, including two girls, among the guards; at the Section recherche et investigation, four children were sighted among the Séléka, and had visibly been instructed to claim to be adults. (para 73)
4. Attacks on hospitals and schools:
Hospitals have been looted, ransacked or occupied by the Séléka throughout the country since 24 March 2013, seriously affecting access to health, with particularly grave consequences for children and pregnant women. (para 74)
Only very few private schools are currently open. Public schools remain closed, which affects more than 800,000 children from elementary to secondary school. Teachers and civil servants who sought refuge in Bangui at the outbreak of hostilities are unlikely to return to the provinces in the near future owing to the volatile security situation. (para 75)
VIII. Conclusions and recommendations - B. Recommendations:
On the basis of the above conclusions, the High Commissioner makes the recommendations below [...] Ensure the separation and reintegration of children associated with the Séléka in coordination with the United Nations-led task force on the Monitoring and Reporting Mechanism on grave violations committed against children, and give unimpeded access to military barracks for screening purposes. (para 95(c))
Representative of the Secretary-General on Internally Displaced Persons
Walter Kälin
(A/HRC/16/43/Add.4)
Country visit: 9 July – 17 July 2010
Report published: 18 January 2011
Standard of living: [Status of internal displacement in Ouham and Nana-Gribizi]: The Representative reminds the authorities of their obligations towards international humanitarian law to do their best to ensure that the civilians concerned are received under satisfactory conditions of shelter, hygiene, safety, security and food and that members of the same family are not separated. (paragraph 23)
Sexual violence: [Status of internal displacement in Bamingui-Bangoran]: The Representative met a group of the 200 people of the Hausa displaced since March 2010. Rebels of the [Petaling Jaya Child Council (PJCC)] reportedly attacked, looted and burned their villages of origin (known as Village Haussa) because they accused the villagers to provide information to the Government. They systematically raped all women in the village who couldn't escape, including a 12 year old girl. (Paragraph 33)
Murders and war crimes: [Status of internal displacement in upper Mboumou and Mboumou]: In the southwest of the country (provinces of upper Mboumou and Mboumou), attacks against civilians by the Lord's Resistance Army (LRA), based in the region since 2009, terrorised the population. According to the NGO Human Rights Watch, the LRA has killed at least 255 people and abducted 697 others, including children, between February 2009 and August 2010, in the Central African Republic and in the neighbouring district of Lower Huele, in the north of the Democratic Republic of Congo. (Paragraph 37)
Humanitarian aid and humanitarian access: While the humanitarian presence has been strengthened, the Representative noted that the humanitarian crisis persists in the Central African Republic (CAR), particularly in areas affected by conflict and / or drought. The Office for the Coordination of Humanitarian Affairs (OCHA) estimates that the humanitarian situation has deteriorated in the country compared to the previous two years. CAR now ranks 179 out of 182 countries in the Human Development Index. The rate of mortality and acute malnutrition among children under five are among the highest in the world. The humanitarian situation is dire in most displaced communities because they often live in the bushes or in remote areas without access to basic services. During his visit, the Representative met with displaced children who did not attend school for several years and mothers who gave birth without receiving medical or traditional assistance because it is not accessible. (Paragraph 63)
Involvement of children in Armed Conflict: With the support of the UN, the [People's Army for the Restoration of Democracy(APRD)] succeeded in demobilising the majority of children enrolled in its ranks. The Union of Democratic Forces for Unity (UFDR), another politico-military movement, has also demobilised 180 children. (Paragraph 73)
While welcoming these developments, the Representative is concerned about the recruitment of children into the ranks of certain armed groups. It reiterates its recommendation to respect international humanitarian law and to proceed immediately with the disarmament and rehabilitation of child soldiers in close cooperation with international organisations specialised in this area. (paragraph 74)
An estimated one third of self-defence militias, which exist mainly in the north and north-west, consist of children. Of particular concern is to support of the government with these militias and the cooperation with the Central African Armed Forces. The Representative was informed that the Minister in charge of national defence, in January 2010, asked the police to investigate the involvement of children in self-defence militias supported by the Government. At the time of writing of this report, we do not know the outcome of these investigations. (Paragraph 75)
In the southeast, the Lord's Resistance Army continues to abduct and forcibly recruit children used as combatants, spies, carriers and sex slaves. (Paragraph 76)
In 2009, the [Petaling Jaya Child Council (PJCC)] and UFDR also recruited children they sent to the frontline in Vakaga. 200 to 300 children remain in the ranks of the APRD, the [Democratic Front for the People of the Central African Republic (FDPC)] and the Movement of Central African Liberators for Justice (MLCJ). Some organised gangs also have children in their ranks. (Paragraph 77)
The Representative welcomes the signature by the Central African Republic and five other countries in the region of the N'Djamena Declaration, on June 9, 2010, against the recruitment and use of children by armed forces and armed groups. The Representative hopes that the Government will build on this important political commitment to finally ratify the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, as the Representative has already recommended in 2007. (Paragraph 78)
While welcoming the decrease of cases of serious violation of human rights by security forces of the State, the Representative notes allegations of disturbing reports of new violations by the State in Bamingui-Bangoran. Some armed groups also committed serious violations of international humanitarian law, including summary executions or attacks against civilians, and continue to recruit children into their ranks. These acts may constitute war crimes or, in the case of atrocities committed by the Lord's Resistance Army, crimes against humanity. (Paragraph 81)
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
Philip Alston
(A/HRC/11/2/Add.3 )
Country visit: 31 January – 7 February 2008
Report published: 18 April 27 May 2009
Rebel killings: APRD rebels were responsible for a small number of extrajudicial executions. These related to the conflict as such, and to the efforts of APRD to govern areas under its control. With respect to the conflict, extrajudicial executions by the APRD were isolated incidents. Human rights monitors informed the Special Rapporteur of a small number of cases of the APRD killing civilians accused of supporting the Government. For instance, during the night of 30 May 2007, the APRD killed the Sous-Préfet of Ngaoundaye, allegedly because he supported the Government’s defence forces. Likewise, the Special Rapporteur was informed of a case where three young men from Bélé were killed by the APRD on 2 September 2007 because they refused to join the APRD. Reports of killings by the APRD that were carried out to exact personal revenge were also received. In one case, an APRD commander executed a volunteer at a local organization because of a personal rivalry. (Paragraph 20)
'Witchcraft' killings: There is a widespread belief in the Central African Republic that some people are “witches” who use their powers to harm others. In fact, however, many of those accused of witchcraft are simply members of vulnerable groups, such as women and children, the elderly or the mentally ill, and are the victims of an accuser’s personal grudge. In many cases they are killed with impunity, whether by private persons, Government security forces, or rebel groups. They may also be punished or effectively banished and excluded from society. (Paragraph 49)
Under the Criminal Code, a person convicted of “witchcraft” (charlatanisme and sorcellerie) can face capital punishment, a prison sentence or fine.13 While imposing the death penalty for this “offence” would violate international law - which permits death penalty only for the crime of intentional murder - no recent instances in which the death penalty had been applied were reported. But it is common for accused persons to be arrested, tried, convicted and imprisoned on the basis of spurious evidence. These problems must be taken seriously. The criminalization of “witchcraft” by the State reinforces the social stigmatization of those accused of witchcraft. Indeed, the proscription of “witchcraft” tends to lead vigilantes, soldiers and rebels alike to view the killing of suspected “witches” as legitimate. It is, moreover, a “crime” that lends itself ideally to the persecution and victimization of women and children in particular. A clear and immediate message should be sent by amending the Criminal Code so as to abolish the crime of witchcraft. Further, there is an educational challenge to ensure that those who fear witches act within the law and on the basis of a criminal code which fully respects human rights when taking measures against those whom they believe to be engaging in harmful acts. In such circumstances, it is wholly unacceptable to invoke the amorphous, subjective and highly manipulable accusation of engaging in “witchcraft” as the basis for either arbitrary private acts of violence or for Government-sponsored or tolerated acts of violence. The killing of “witches” should be prosecuted like any other murder, and other violent acts against such individuals should also be prosecuted. (Paragraph 51)
(A/HRC/8/6/Add.1)
Country visit: 24 February to 3 March 2007
Report published: 18 April 2008
I. General Context - A. Human rights situation in the Central African Republic:
The Central African Republic is a party to the following international human rights instruments: [...] the Convention on the Rights of the Child. (para 12)
Despite a worrying human rights situation, the Central African Republic has not yet ratified a number of fundamental instruments, including the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography [...] It has signed, but not yet ratified, the African Charter on the Rights and Welfare of the African Child. (para 14)
B. History, causes and extent of internal displacement:
In addition, the activities of highway robbers and other bandits have forced a great many people to leave their homes in search of protection. These groups attack trades people and [...] travellers in order to steal their money or other goods, and also kidnap children, in particular Fulani shepherds, and hold them to ransom. (para 20)
II. Responses to Internal Displacement in the Central African Republic - B. Response by the international community:
A number of other organizations are present in the Central African Republic, including the [...] United Nations Children’s Fund (UNICEF) [...]. (para 34)
During his stay upcountry, the Representative met with groups of displaced persons who said they had never been visited by any representative of a humanitarian agency. This was the case, for example, in Otta, a village in the Paoua region where around 1,500 persons who fled the violence have been living in the forest since March 2006. Men, women and children live in appalling conditions. They told the Representative that they had received no assistance since they had left home. (para 37)
III. Protection of Displaced Persons - B. The need for protection during displacement:
Following his mission, the Representative of the Secretary-General observes that the Central African Republic is faced with an emergency situation and that many displaced persons urgently require protection and assistance, particularly in terms of their enjoyment of the rights to housing, food and access to health care and education. While in some cases displaced persons fled to Bangui or other towns such as Bokaranga or Kabo, where they found refuge with families, most of them fled to the forest, a few kilometres away from their villages, in extremely difficult conditions. They must cope with the problems posed by the lack of security; they dare not move, even for medical emergencies; in many cases they set up markets in the bush so that they will not be the victims of violence; and they cannot send their children to school. (para 46)
B. The need for protection during displacement - 5. Right to education:
The education sector has been greatly affected by events in the Central African Republic. As early as 2003, many schools had been destroyed; this trend continued throughout 2006. It is estimated that 117 schools had to close in 2005. In areas where there were already too few schools, the Representative is worried that the exercise of the right to education will increasingly become wishful thinking for thousands of children. According to United Nations estimates, approximately 90,000 children aged between 6 and 16 would be affected. (para 60)
Many teachers have left the regions concerned to escape the violence. Moreover, even where there still are schools, parents dare not send their children to them owing to the lack of security. Parents fear that schoolchildren may be attacked on the way to and from school and, in some cases, prefer them to stay close to their family in case they have to flee again. According to United Nations estimates, the displacements that occurred in 2006 deprived approximately 30,000 children of access to education. (para 61)
The Representative was told how an emergency education system has been organized with the assistance of UNICEF, using parents as teachers (agents-parents). In the absence of professional teachers, members of the community with some educational background are identified. They receive basic training, including some teacher training, and are then entrusted with the task of teaching children in the community. If the children are unable to go to school, the school is shifted to the community. The Representative encourages this type of activity, which prevents the children from losing everything they learned during their previous years of education. He nevertheless draws the attention of those involved to the fact that this type of education, which is impermanent by definition, cannot replace teaching by professionals. He therefore encourages all those concerned to do their utmost to renovate the schools that have been destroyed, replace their equipment and bring back teachers to schools in localities where the security conditions allow. (para 62)
8. Particularly vulnerable groups:
As in many conflicts, children are paying a heavy toll in the crisis which the Central African Republic is undergoing. On account of their vulnerability they are hit harder by the problems facing the displaced population as a whole. In addition, they are deprived of the enjoyment of rights which are more specific to them, such as the right to education. (para 66)
The Representative is concerned at reports of the recruitment of children by armed groups operating in the north-west of the country. He himself noticed children among the rebels patrolling the territories under their control. According to the estimates he received, almost 1,000 children are involved. It would appear that the armed groups do not organize recruitment campaigns but welcome into their ranks children who have lost their parents or are seeking refuge and protection. This phenomenon is reportedly on the increase, and there is said to be a greater tendency to recruit children into rebel factions in areas which have been attacked by the Armed Forces or the Presidential Guard. (para 67)
The Representative requests all concerned to respect their obligations under international law and to demobilize these children as quickly as possible. According to information gleaned during these interviews, UNICEF is prepared to provide assistance in this area, and some rebel groups have apparently signalled their willingness to demobilize the children among their ranks. The Representative requests the Government to cooperate in this process and to provide the necessary guarantees for its implementation. He likewise requests the competent international organizations to take this up as a matter of priority, and calls on the Special Representative of the Secretary-General in the Central African Republic to bring all his influence to bear so that this practice is eradicated. (para 68)
IV. Conclusions and Recommendations:
The Representative is worried about the situation in which displaced persons live, and considers it to be a cause for deep concern. Such persons are completely destitute and very often no longer have housing, drinking water or health care, while their children do not have access to education. In some cases, they live in considerable food insecurity and could rapidly become undernourished. (para 80)
The Representative is especially concerned about the situation of children recruited by certain rebel factions, and he points out that the Guiding Principles (Principle 13) stipulate that in no circumstances shall displaced children be recruited by armed forces. (para 82)
In this context, the Representative recommends that the authorities should: [...] Pay special attention to the needs of displaced children, and in that connection ratify as soon as possible the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. (para 85(g))
The Representative recommends that the armed groups should: (a) Respect international humanitarian law. In particular, they should respect the fundamental distinction between combatants and civilians and refrain from all acts prohibited by international humanitarian law, such as making use of civilians to underpin their operations, recruiting children into their ranks and exposing the civilian population to the risk of reprisals; (b) Embark without delay on the immediate disarming and rehabilitation of child soldiers, in close cooperation with international organizations which specialize in this area. (para 86)
The Representative recommends that the United Nations and humanitarian and development organizations should: Provide substantial support to efforts to demobilize and rehabilitate child soldiers. (para 87(f))