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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2000) The Committee is concerned at the practice of female genital mutilation in some areas of the State party. The Committee urges the State party to end female genital mutilation, inter alia through the development and implementation of legislation and programmes prohibiting and addressing the practice and through sensitisation of the population. The Committee recommends that the State party take advantage of the efforts in this regard made by other States. (Paragraphs 58 and 59) UN Human Rights Committee Female genital mutilation: While noting the State party’s efforts to bring an end to female genital mutilation, the Committee remains concerned by the persistence of this practice, which is contrary to human dignity, and regrets that it is not penalised by the Criminal Code (articles 3 and 7 of the Covenant). The State party should step up its efforts to mobilise public opinion against female genital mutilation, in particular in communities where the practice remains widespread. The State party should take measures to criminalise female genital mutilation and ensure that the perpetrators are brought to justice. (Paragraph 11) Universal Periodic Review (May 2009) A - 26. Enhance awareness-raising campaigns to combat and eradicate female genital mutilation and other traditional practices harmful to young women (Italy); (accepted) NC - 27. Abolish polygamy and adopt a plan to fight the scourge of female genital mutilation, criminalising this practice and mobilising public opinion against it, and adopt measures to reduce violence against women, both rape and domestic violence (Spain); (no clear position) NC - 28. Prohibit female genital mutilation and take further steps to prevent and address the occurrence of female genital mutilation (Sweden); (no clear position) _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2000) The Committee is concerned at the incidence of abuse, including sexual abuse, and neglect of children in the State party, and that insufficient efforts have been made to protect children. The Committee recommends that the State party implement measures to address the abuse and neglect of children including, inter alia, through improved monitoring, reporting and responses to such practices. The Committee recommends, in addition, that the State party sensitise parents and the population in general on this issue. (Paragraphs 52 and 53) Representative of the Secretary-General on internally displaced persons 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) Universal Periodic Review (May 2009) A - 32. Continue applying strategies to reduce criminality, address sexual abuse and child trafficking, and protect civilians from criminals (Angola); (accepted) _______________________________________________________________________ Children involved in armed conflict, including as soldiers UN Committee on the Rights of the Child (Concluding Observations, October 2000) The Committee is concerned at the several incidents of internal disturbance, including mutinies, within the State party and the effect of such incidents on children. The Committee recommends that the State party protect children from the effects of armed conflict or other strife within the State party. The Committee also recommends that the State party consider ratifying the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict at the earliest opportunity. (Paragraphs 82 and 83) Representative of the Secretary-General on internally displaced persons 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) 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) Country visit: 24 February to 3 March 2007 According to information gathered by the Representative of the Secretary-General, population displacements continue in the north of the Central African Republic, both in the western prefectures of Ouham and Ouham-Pendé and in the eastern prefecture of Vakaga. During his visits to the field, he noted with regret that many villages had recently been burned down. For example, in the village of Dimba 1, 28 houses were burned down at the beginning of the year by the security forces, obliging villagers to seek refuge in the bush. It is the security forces, in particular the Presidential Guard, which are most often blamed for these fires. According to information received from a member of the security forces, the rebels organise attacks against the army by hiding in villages in order to chase them away, but also, he admitted, out of vengeance, members of the security forces set the villages concerned on fire. According to the testimony of villagers, the security forces, and specifically the Presidential Guard, regularly patrol the highways, firing into the air and terrorising the population. Sometimes they are attacked by rebels and, in retaliation, attack and loot the villages, and set the villagers’ property on fire, destroying all their possessions, in particular their food reserves. Villagers also frequently mentioned the fact that they were presumed to be rebels or collaborators by members of the security forces, which would also explain the harassment to which they are subjected. Young men are apparently particular targets. One of the people the Representative met en route to Ouandago said that one year ago, all the inhabitants of his village had had to flee following an attack by members of the regular army against a rebel group which was operating from their village. A few months later, thinking that the situation had improved, the villagers went home taking with them items provided by humanitarian organisations, in particular tarpaulins. In October, they were attacked again by the security forces, who stole their tarpaulins. (Paragraph 39) The Representative is likewise concerned at the stigmatisation of young men by the security forces, which see them as rebels or as collaborators. This stigmatisation exacerbates the constant sense of insecurity among the population and further restricts the freedom of movement of a specific population group . (Paragraph 69) For fear of being stopped and brutalised by the members of the security forces, displaced persons do not dare to go to their villages in search of water or to urban centres for medical care. Often viewed by the security forces as rebels or collaborators, internally displaced persons, in particular young men, are also stigmatised, thereby exacerbating the constant sense of insecurity in which the population lives and limiting individual freedom of movement. Accordingly, the Representative shares the view of many displaced victims who consider that conditions are not yet ripe for a permanent return to their usual places of residence. (Paragraph 81) 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 organise 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. (Paragraph 67) The Representative requests all concerned to respect their obligations under international law and to demobilise 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 demobilise 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 organisations 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. (Paragraph 68) The Representative is likewise concerned at the stigmatisation of young men by the security forces, which see them as rebels or as collaborators. This stigmatisation exacerbates the constant sense of insecurity among the population and further restricts the freedom of movement of a specific population group. (Paragraph 69) 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. (Paragraph 82) 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 organisations which specialise in this area. (Paragraph 86) UN Special Rapporteur on extrajudicial, summary or arbitrary executions 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 organisation because of a personal rivalry. (Paragraph 20) Universal Periodic Review (May 2010) 74 A - 4. Ratify (Mexico, Austria) / Consider ratifying (Djibouti) / Sign and ratify (Belgium) the Optional Protocol to the Convention on the Rights of the Child (CRC) on the involvement of children in armed conflict; and implement it nationally (Belgium); (accepted) A - 13. In the context of reforming the security sector, review training materials used by security forces in order to include child protection as a preventive measure against recruiting children in the armed forces (Canada); (accepted) A - 29. Demonstrate firm commitment to preventing the unlawful recruitment of child soldiers by directing the Ministry of the Interior to systematically monitor self defense militias (United States of America); (accepted) A - 30. Take all necessary measures to combat the recruitment and use of children in hostilities, including by releasing children associated with the conflict (Mexico); (accepted) A - 52. Given the low level of children's education and the illiteracy rates, implement measures necessary to change the landscape in this area and promote the reintegration of child soldiers in society (Azerbaijan); (accepted) NC - 31. Speed up measures to ensure reintegration into the community of minors giving up their weapons, making it possible to comply with the agreements undertaken by the Government and the Union of Democratic Forces for Unity with the United Nations; and conclude and implement these agreements in the case of other remaining irregular forces (Spain); (no clear position) NC - 32. Take concrete measures to abolish self-defence militias, to maintain order through regular security forces and to facilitate the end of forced child recruitment by all armed groups (Austria); (no clear position) _______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, October 2000) The Committee is concerned at incidents of police brutality and corporal punishment committed against children, notably in Bangui. The Committee recommends that the State party end all acts of violence against children, including corporal punishment, committed by, among others, members of the police forces. The Committee also recommends that the State party provide child rights training programmes for police and detention officials. (Paragraphs 44 and 45) UN Special Rapporteur on extrajudicial, summary or arbitrary executions 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 criminalisation of “witchcraft” by the State reinforces the social stigmatisation 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 victimisation 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) Universal Periodic Review (May 2010) A - 31. Take appropriate action to adopt and amend domestic legislation, including the Penal Code, and effectively implement this legislation to protect children from all forms of violence (Slovenia); (accepted) _______________________________________________________________________ Inadequate education provision for children UN Committee on the Rights of the Child (Concluding Observations, October 2000) The Committee is deeply concerned at the low education levels among children in the State party, the number of children who are several years behind in their primary education, the high drop-out rate of children who do attend school and the closing of many schools and classes because of a lack of teachers. Further, the Committee remains concerned at the difficulties linked to the introduction of the national language into schools. The Committee recommends that the State party make every effort to raise the level of educational achievement among children through, inter alia, increasing the number of available schools and classes, providing for the initial and ongoing training of more teachers and school inspectors, developing standard national textbooks, increasing the rates of enrolment and providing assistance with school fees, uniforms and other equipment for poor families. The Committee urges the State party to seek international assistance in this regard, including from UNICEF and UNESCO. The Committee further recommends that the State party continue to make every effort, including through the allocation of relevant material and other resources, to standardise the use of the Sango language in schools. (Paragraphs 70 and 71) Representative of the Secretary-General on internally displaced persons :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. (Paragraph 46) 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. (Paragraph 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. (Paragraph 61) The Representative was told how an emergency education system has been organised 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. (Paragraph 62) 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. (Paragraph 66) 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. (Paragraph 80) Universal Periodic Review (May 2010) A - 50. With the assistance of the international community, undertake a multi-pronged approach to improve the situation of children with greater focus on ensuring universal primary education, reducing infant and child mortality and rehabilitating child combatants (Bangladesh); (accepted) A - 51. Guarantee the right to education of all children and take effective measures to substantially increase the rate of attendance in primary schools (Italy); (accepted) A - 52. Given the low level of children's education and the illiteracy rates, implement measures necessary to change the landscape in this area and promote the reintegration of child soldiers in society (Azerbaijan); (accepted) A - 59. Seek from the international community, and especially from United Nations programmes and agencies, support for strengthening or, if not already available, for creating capacity-building and technical assistance programmes, especially in the areas of human rights education, child labour, security, assistance to families and communities in fighting the effects of poverty and HIV/AIDS, education and juvenile justice (Cote d'Ivoire); (accepted) _______________________________________________________________________ Discrimination against women and girls UN Committee on the Rights of the Child (Concluding Observations, October 2000) The Committee is concerned that there is extensive discrimination against girls with regard, in particular, to access to education and inheritance rights. The Committee is also concerned that there is discrimination against children with disabilities and against minority populations, notably including Pygmies. The Committee recommends that the State party take action to end discrimination including, in particular, discrimination against girls, discriminatory customary practices and discrimination against children with disabilities and children from minority groups. The Committee recommends that the State party address discrimination, inter alia, through improved implementation of national legislation prohibiting discrimination and through the sensitisation of the population. (Paragraphs 28 and 29) Universal Periodic Review (May 2010) A - 23. Further work to improve women's political participation, educational opportunities and status in marriage and to reduce the maternal mortality rate (Japan); (accepted) _______________________________________________________________________
Last reported: 12 and 13 July 2006
Concluding Observations published: 27 July 2006
Country visit: 9 to 17 July 2010
Report published: 18 January 2011
Country visit: 9 to 17 July 2010
Report published: 18 January 2011
Report published: 18 April 2008
Country visit: 31 Januar to 7 February 2008
Report published: 27 May 2009
Country visit: 31 January to 7 February 2008
Report published: 27 May 2009
Country visit: 24 february to 3 March 2007
Report published: 18 April 2008