The Women's Initiatives for Gender Justice is an international women's human rights organisation that advocates for gender justice through the International Criminal Court (ICC) and through domestic mechanisms, including peace negotiations and justice processes. We work with women most affected by the conflict situations under investigation by the ICC.

The Women's Initiatives for Gender Justice works in Uganda, the Democratic Republic of the Congo, Sudan, the Central African Republic, Kenya, Libya and Kyrgyzstan.

Offices
■ Cairo, Egypt
■ Kampala and Kitgum, Uganda
■ The Hague, the Netherlands

Dear Friends,

Welcome to the second of two Special Issues of Women’s Voices dedicated to the situation in the Central African Republic (CAR). Women's Voices is a regular eLetter from the Women’s Initiatives for Gender Justice. In Women’s Voices, we provide updates and analysis on political developments, the pursuit of justice and accountability, the participation of women in peace talks and reconciliation efforts from the perspective of women’s rights activists within armed conflict situations, specifically those countries under investigation by the International Criminal Court (ICC) including Uganda, the Democratic Republic of the Congo (DRC), Darfur, the Central African Republic (CAR), Kenya, Libya, Côte d’Ivoire and Mali.

This second Special Issue is dedicated to the international response to the conflict in the CAR, including the authorisation of a United Nations (UN) peacekeeping force for the CAR, the establishment of an International Commission of Inquiry, and the opening of a new Preliminary Examination by the ICC Prosecutor. The first Special Issue on the CAR provided an overview of developments since December 2012, a summary of alleged ongoing violations of international humanitarian law and human rights, including sexual violence, as well as civil society statements on the conflict.

In addition to Women’s Voices, we also produce a regular legal eLetter, Legal Eye on the ICC, with summaries and gender analysis of judicial decisions and other legal developments at the International Criminal Court (ICC), and discussion of legal issues arising from victims’ participation before the Court, particularly as these issues relate to the prosecution of gender-based crimes in each of the Situations under investigation by the ICC.

More information about the work of the Women’s Initiatives for Gender Justice and previous issues of Women’s Voices and Legal Eye on the ICC can be found on our website www.iccwomen.org.

Creation of UN Peacekeeping Mission in the CAR

The recent conflict in the CAR which reportedly began in December 2012, has been the subject of a series of UN Security Council (UNSC) resolutions, adopted unanimously. Among other measures, the resolutions supported the establishment of support missions by the African Union ( AU), France, and the European Union (EU). Resolution 2121, adopted on 10 October 2013, supported the establishment of an ‘African-led International Support Mission in the CAR’, referred to as MISCA, and indicated ‘the possible option of a transformation of MISCA into a United Nations peacekeeping operation’.[1] On 5 December 2013, the UNSC adopted Resolution 2127, which authorised MISCA to deploy with the support of additional French forces, imposed an arms embargo for a period of one year, and requested the creation of an International Commission of Inquiry on the CAR discussed further below.[2] On 28 January 2014, the UNSC passed Resolution 2134, authorising the deployment of EU troops in addition to the 5,000 AU peacekeepers and 1,600 French troops.[3]

On 14 April 2014, building on its previous resolutions on the CAR, the UNSC passed Resolution 2149, establishing the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) for an initial one-year period. Pursuant to Resolution 2149, MINUSCA will be composed of 10,000 military personnel, with the transfer of authority from MISCA to MINUSCA to take place on 15 September 2014.[4] The initial priorities for MINUSCA’s mandate include: protecting civilians; supporting the implementation of the transition process; facilitating the delivery of humanitarian assistance; promoting and protecting human rights; supporting national and international justice and the rule of law; and supporting the implementation of disarmament, demobilisation and reintegration and repatriation programs.[5]

Resolution 2149 makes specific reference to previous UNSC resolutions on women, peace and security, and calls for the prohibition of violence against, and the protection of, women and children. It calls for all parties to the conflict to issue clear orders ‘prohibiting all violations and abuses committing against children, [...] including those involving their recruitment and use, rape and sexual violence’ and ‘against sexual and gender-based violence’.[6] Resolution 2149 calls upon the interim Government to commit to investigate alleged abuses in order to promote accountability and to ‘facilitate immediate access for victims of sexual violence to available services’.[7] In mandating MINUSCA to protect civilians, Resolution 2149 identifies the specific protection measures of deploying Child and Women Protection Advisers.[8] Within the mandate to promote and protect human rights, MINUSCA is tasked with monitoring and investigating abuses, with specific reference to abuses committed against children and women, including sexual violence.[9] The Resolution further requests MINUSCA to ‘take fully into account gender considerations as a cross-cutting issue throughout its mandate and to assist the Government of the CAR in ensuring the full and effective participation, involvement and representation of women in all spheres and at all levels, including in its stabilisation activities, security sector reform and DDR and DDRR processes, as well as in the national political dialogue and electoral processes’.[10]

Despite these resolutions, in 2013 the UN was strongly criticised for its failure to respond adequately to the crisis. An open letter released by international medical organisation MSF on 12 December 2013 criticised the UN for its ‘unacceptable performance’ and for its lack of concrete action.[11] In the letter MSF stated that it ‘deplores the appalling performance of UN humanitarian agencies and reminds them of their responsibility to mobilise and coordinate effective and principled humanitarian action, advocate for the rights of people in need, and facilitate sustainable solutions to the current crisis.’[12] The MSF letter called for an internal and independent investigation ‘to better understand such failures and ensure lessons are learned for the future.’

■ Read UN Security Council Resolutions 2121 ; 2127; 2134; and 2149

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International Commission of Inquiry for the CAR

An International Commission of Inquiry (ICoI) was established in January 2014 by Security Council Resolution 2127 adopted in December 2013. The ICoI was given the mandate to ‘immediately investigate reports of violations of international humanitarian law, international human rights law and abuses of human rights in the Central African Republic by all parties since 1 January 2013, to compile information, to help identify the perpetrators of such violations and abuses, point to their possible criminal responsibility and to help ensure that those responsible are held accountable’.[13] The ICoI is composed of a secretariat and three high-level experts: Chairperson Bernard Acho Muna (Cameroon), Jorge Castañeda (Mexico), and Fatimata M’Baye (Mauritania). It was requested to make its first report to the UNSC six months after the adoption of the resolution creating it.

In March 2014, the ICoI was scheduled to make its first visit to the CAR, to visit Bangui, as well as to the interior of the country. The commissioners stated that they would investigate ‘the scope and gravity of alleged rights violations’; and interview ‘victims of abuse, witnesses to the commission of crimes, political and village leaders’ as well as ‘anyone who can shed light on killings, rapes, disappearances, and other abuses against the civilian population’.[14]  

On 17 June 2014, the ICoI sent a letter to the President of the UNSC via the UN Secretary-General, notifying the UNSC that there would be a delay in the publication of their preliminary report.[15] The letter stated that the Commissioners had just returned from a two-week tour of the CAR, and that they felt that ‘certain parts of the report have to be revised’ to reflect new facts on the ground and to ensure a ‘comprehensive and accurate report’. On 2 July 2014, it was reported that the ICoI had met with the EU Delegation and its Member State missions in Geneva, ahead of the presentation of its preliminary report to the UNSC. The preliminary report ‘presents the results of its investigation carried out from April to May 2014, concluding that ample evidence exists of perpetuated serious breaches of international human rights and humanitarian law in CAR, from January 2013 until [the present]’. As of the writing of this Special Issue, the preliminary report has not yet been made public.

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Joint UN Women–AU Mission to the CAR

From 24-26 May 2014, Phumzile Mlambo-Ngcuka, Executive Director of UN Women, and Bineta Diop, AU Special Envoy on Women, Peace and Security, visited the CAR on a joint mission which included meetings with the President and key government officials, as well as the CAR High-Level Women’s Advisory Group, 17 civil society organisations, 16 women’s organisations, and IDPs.[16] The purpose of the visit was to ‘give visibility to the plight of women and girls, ensure that gender issues are addressed from the outset in the newly established UN mission, and to promote women’s participation and leadership in local reconciliation, national dialogues, transitional justice, and upcoming elections’.[17]

In her subsequent report to the UNSC, Mlambo-Ngcuka confirmed the dire situation of women and girls in the CAR, the urgent need for ‘security and rule of law, healthcare, food, and schools’, and the severe underfunding of the current humanitarian appeal.[18]

■ Read the Statement of UN Women Executive Director Phumzile Mlambo-Ngcuka to the UNSC

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ICC opens a second Situation in the CAR

The CAR has been a State Party to the Rome Statute since 2001, and an investigation was opened in 2007 in relation to the violence in 2002-2003. Since the December 2012 outbreak of hostilities in the CAR, ICC Prosecutor Fatou Bensouda issued statements in March, April, and August 2013, in relation to the escalating violence in the country. On 9 December 2013, the Prosecutor issued a statement expressing her concern over ‘reports of serious on-going crimes’ and ‘call[ed] upon all parties involved in the conflict, (including former Séléka elements and other militia groups, such as the anti-Balaka), to stop attacking civilians and committing crimes, or risk being investigated and prosecuted by [her] office’.[19]

On 7 February 2014, Prosecutor Bensouda announced that her office was opening a new preliminary examination in the CAR, noting that allegations of crimes committed in the CAR ‘include hundreds of killings, acts of rape and sexual slavery, destruction of property, pillaging, torture, forced displacement and recruitment and use of children in hostilities’.[20]  The Prosecutor stated that these recent allegations fall under a new Situation from September 2012 onwards, separate from the Situation referred to the ICC in 2004. She stated that, in coordination with the AU and the UN, her office was focusing on ‘gathering and analysing all the information necessary to determine whether there is a reasonable basis to proceed with an investigation into this new situation’ while at the same time ‘engaging with the CAR authorities with a view to discussing ways and means to bring perpetrators to account, including at the national level’.
In May 2014, the ICC made its first investigatory visit to the CAR since the opening of the Preliminary Examination,[21] and on 30 May President Samba-Panza sent a letter to the Prosecutor of the ICC, referring the Situation to the Prosecutor and requesting an investigation into crimes since 1 August 2012.[22] Upon receiving the referral, Prosecutor Bensouda stated that the preliminary examination remained ongoing, and that the referral ‘will enable the process to be sped up, where appropriate.’

■ Read the ICC Prosecutor’s statement on the second referral by the Government of the CAR

■ Read the letter from the Government of the CAR to the ICC Prosecutor

■ Read the ICC Prosecutor’s statement on opening a new Preliminary Examination in the CAR

■ Read the December 2013 Statement of ICC Prosecutor Bensouda in relation to the escalating violence in the Central African Republic

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Appointment of Jeannine Mabunda

On 9 July 2014, President of the Democratic Republic of the Congo (DRC) Joseph Kabila appointed a Presidential Adviser on Sexual Violence and Child Recruitment. Members of the international community welcomed this announcement. In a joint statement, the UN Special Representative of the Secretary-General on Sexual Violence in Conflict, Zainab Hawa Bangura and the UN Special Representative of the Secretary-General for Children and Armed Conflict, Leila Zerrougui stated: ‘The appointment is a demonstration of President Kabila’s personal commitment to the fight against conflict-related sexual violence and recruitment and use of children in the DRC’.

The creation of this post, to which Jeannine Mabunda Lioko Mudiayi was appointed, is the first of its kind and is considered a major innovation in support of accountability for crimes of sexual violence and child recruitment. The appointment follows a statement made by President Kabila in October 2013 after the closing session of a national forum on strengthening national cohesion. On this occasion, President Kabila had indicated his intent to create such a post in order to personally ensure that DRC becomes ‘an inhospitable land’ for these heinous crimes.

Women’s Initiatives for Gender Justice DRC partners welcomed the appointment of a woman to this position. They further indicated that Mabunda was known to be competent, emphasising her former role as a portfolio Minister.

Joséphine Malimukono, Directrice, Ligue pour la Solidarité Congolaise: ‘Mabunda has greatly contributed to gender equality at the ministerial and parliamentary levels. For instance, she led a petition to sanction male parliamentarians who used to boo women every time they took the stand to speak. Additionally, we have personally worked with Mabunda in the context of her project to fight violence against women. She is organizing a conference on this topic that will take place in November 2014 during which a monument will be raised in the memory of victims of violence.’

Emérite Tabisha Mongelwa, South Kivu Focal Point, Women’s Initiatives for Gender Justice and Coordinatrice, Action des Femmes pour le Droit et le développement: ‘Mabunda was highly valued in her functions as a portfolio Minister and we hope that she will use her skills in this new role in the same way she did when she was at the government.’

Jeanine Bandu, North Kivu Focal Point, Women’s initiatives for Gender Justice and Coordinatrice, Encadrement des Femmes Indigènes et des Ménages vulnérables: ‘In light of Mabunda’s experience in promoting gender equality, we think that she will be competent in her new role.’

However, some DRC partners expressed concern that the appointment may have been politically motivated and noted that Ms Mabunda did not have a history of experience or known expertise in the fields of sexual violence and children’s rights.

Claudine Bela Badeaza, Province Orientale Focal Point, Women’s initiatives for Gender Justice and Directrice, Centre d’Education et de Recherche pour le Droit des Femmes: ‘We expected that a woman from civil society, strongly involved in the fight against sexual violence and child protection, would be appointed to this post. We would have liked this post to be more professional rather than reflecting a political responsibility. Our authorities always develop strategies to foster external support and show the international community that they are serious about their work. There is always funding allocated in DRC for the fight against sexual violence but results on the ground are never satisfactory.’

Stella Yanda Bililo, Secrétaire Exécutive, Initiatives Alpha: ‘I am aware of Mabunda’s previous functions within the parliament and as a portfolio Minister but I have no information about her involvement in the fight for women and children’s rights. This appointment should not be a promotion within a political party and we are waiting to hear about Mabunda’s proposed action plan or strategy in her new role.’

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Footnotes

1   S/RES/2121, para 22.
2   S/RES/2127, paras 24, 28, 50, 54-55.
3   S/RES/2134, para 43.
4   S/RES/2149, paras 18, 20-21.
5   S/RES/2149, para 30.
6   S/RES/2149, paras 13 - 15.
7   S/RES/2149, para 15.
8   S/RES/2149, para 30(a)(ii).
9   S/RES/2149, para 30(e).
10   S/RES/2149, para 35.
11   ‘‘Central African Republic: Open letter to the UN humanitarian system,’ MSF, 12 December 2013, available here, last visited on 3 April 2014. Specifically, MSF reproached the UN for its lack of concrete action, summarising the UN’s role as limited to ‘the collection of data related to the fighting and a few assessments confirming the need for an immediate response.’ The letter cited examples including the UN’s failure to respond to MSF’s repeated requests for the distribution of food, tents and soap to the 15,000 displaced people in the vicinity of Bangui airport; and that in Bossangoa UN aid officials on ‘security lock-down’ did not assist displaced persons sheltering in the same compound or in the main camps. In a reply, the UN cited logistical reasons for their delayed responses, specifically, that the UN had been negotiating secure spaces in order to be able to deliver food in the best conditions possible. ‘Crise humanitaire en Centrafrique : MSF dénonce le manque de réactivité des agences onusiennes’, Radio France Internationale, 13 December 2013, available here, last visited on 29 January 2014. In the weeks following the MSF letter and UN response, several food distribution efforts were organised but were subsequently interrupted or cancelled due to security risks. ‘Central African Republic: Food Aid Distributed at CAR’s Bangui Airport’, AllAfrica, 8 January 2014, available here, last visited on 29 January 2014.
12   ‘Central African Republic: Open letter to the UN humanitarian system,' MSF, 12 December 2013, available here, last visited on 3 April 2014.
13   SG/A/1451.
14   Lisa Schlein, ‘UN Begins Inquiry Into CAR Abuses’, 10 March 2014, Voice of America, available here, last visited on 8 July 2014.
15   D/2014/410.
16   ‘Executive Director statement Security Council briefing on CAR’, 24 June 2014, UN Women, available here, last visited on 7 July 2014.
17   ‘Executive Director statement Security Council briefing on CAR’, 24 June 2014, UN Women, available here, last visited on 7 July 2014.
18   ‘Executive Director statement Security Council briefing on CAR’, 24 June 2014, UN Women, available here, last visited on 7 July 2014.
19   Statement of Prosecutor Bensouda in relation to the escalating violence in the Central African Republic, 9 December 2013, available here, last visited on 21 May 2014.
20   Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on opening a new Preliminary Examination in Central African Republic, 7 February 2014, available here, last visited on 21 May 2014.
21   ‘ICC team arrives on first mission to Central Africa’, 8 May 2014, ReliefWeb, available here, last visited on 4 July 2014.
22   Statement by the ICC Prosecutor, Fatou Bensouda, on the referral of the situation since 1 August 2012 in the Central African Republic, 12 June 2014, OTP Press Release, available here, last visited on 7 July 2014.4.

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