Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Central African Republic (Ratification: 2010)

Articles 2 and 3 of the Convention. Protection of human rights and fundamental freedoms of indigenous peoples. In its previous comments, the Committee expressed deep concern at the continuing insecurity in the country and the acts of violence that have resulted in victims among the country’s indigenous communities and which have led to the flight of many farmers, particularly among the Mbororo, who have gone into exile in neighbouring countries. The Committee requested the national transitional authorities to make greater efforts to ensure full respect for the human rights of indigenous peoples, especially those of children and women from the Aka and Mbororo communities.

The Committee notes the Government’s indication in its report that in the wake of the crisis in the country in 2013 it observed mass displacements of indigenous peoples, particularly the Mbororo, against their will, for security-related reasons. The Government states that during the transition period the Aka and Mbororo peoples were identified and their representatives were appointed as national councillors to discuss, protect and defend their rights. The Government also refers to the guarantees enshrined in the new Constitution of 2016, particularly article 6, which provides that the State shall ensure the robust protection of the rights of minorities, indigenous peoples and persons with disabilities. The Government indicates that the National Recovery and Peacebuilding Plan for the Central African Republic, adopted in October 2016, constitutes an urgent and immediate response to the needs of all population groups without any distinction.

The Committee notes the different documents of United Nations (UN) bodies which examine the situation in the Central African Republic, in particular: the report of the Secretary-General on the situation in the Central African Republic; the report of the Independent Expert on the situation of human rights in the Central African Republic; and the report of the Panel of Experts on the Central African Republic (S/2018/922 of 15 October 2018; A/HRC/39/70 of 13 August 2018 and the statement of 27 September 2018; and S/2018/729 of 23 July 2018). The Committee notes that the Independent Expert indicates in her statement of September 2018 that the human rights situation is characterized by the constant attacks by armed groups on civilians, the continuing weakness of state authority, a culture of impunity, discrimination based on ethnic origin and religion, and the social fragmentation and marginalization of certain population groups. In general, the Committee observes that the information in the abovementioned documents reveals that although some progress has been observed, particularly in the context of the African Initiative for Peace and local peace agreements, the humanitarian and human rights situation remains a source of concern with a proliferation of conflict zones, constant abuses and human rights violations resulting from the persistent attacks by various armed groups, inter-community violence, and the displacement of large numbers of people. Moreover, the Committee notes that the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 4 May 2018, expressed its concern at the persistent marginalization, poverty and extreme vulnerability of indigenous populations (Mbororo and Aka), who continue to meet with considerable obstacles to the enjoyment of their rights under the Covenant, a situation which has worsened as a result of the situation of conflict in the Central African Republic (E/C.12/CAF/CO/1, paragraph 21).

The Committee notes all the above information with deep concern. While recognizing the complexity of the situation in the country, the Committee urges the Government to take all the necessary steps to put an end to the violence and human rights violations to which the civilian population has been exposed, especially those suffered by indigenous peoples who have been compelled to leave their territories. The Committee trusts that the implementation of the National Recovery and Peacebuilding Plan for the Central African Republic will enable the restoration of order, security and stability in the country so as to guarantee that the Aka and Mbororo peoples enjoy their rights under the Convention, to protect their integrity and to enable the return of persons displaced from their communities. The Committee requests the Government to indicate the measures taken in this regard and the manner in which indigenous peoples and their representatives have participated in the formulation and implementation of the measures that concern them.

The Committee is raising other matters in a request addressed directly to the Government.