Introduction
Since 2012, the Central African Republic (CAR) has been embroiled in a civil war between the government and rebel groups, specifically the coalition of rebel militias known as the Séléka and Anti-balaka. This civil war has seen the targeting of civilians, with sexual violence used as a tactic of war and considered to be performed widespread and systematically. The primary sexual violations documented in CAR include sexual slavery and rape, with women and girls disproportionally affected (HRW, 2017).
The Truth, Justice, Reparation and Reconciliation Commission (TJRRC) was first created in 2020, parallel to the Special Criminal Court (SCC), yet it was only instated in July 2021 with the selection of the executive body and the swearing in of commissioners. The commission was established to investigate the truth and determine responsibility for crimes committed from 1959 to 2019, as well as to restore the dignity of victims/survivors and facilitate national reconciliation.
As a result of continued violence, the commission’s proceedings have been delayed, with operational activities being the only element achieved since its creation. As of April 2023, there have been no developments below those in the sections below.
Conflict and Prevalence of Sexual Violence
Since its independence in 1960, CAR has faced conflict and political instability. However, the conflict that started in 2012 has had some of the most devastating consequences, with many eruptions of violence across the country. Out of a total population of 6.4 million, up to 516,000 CAR citizens have been internally displaced and 741,000 are refugees (UNOCHA, 2023).
The war began with the establishment of the Séléka rebel group, a coalition of predominately Muslim armed actors as well as mercenaries from Sudan and Chad. The initial insurrection of the Séléka was in response to the poor standard of living in the northeast region, which is inhabited by a predominately Muslim minority populace. Equally, the Séléka formed in response to then President François Bozizé’s poor leadership, lack of social services and absence of state security (HRW, 2017b).
In March 2013, Séléka rebels forcefully took control of Bangui, the capital city, and forced Bozizé and other senior officials to flee to Cameroon and the Democratic Republic of Congo. Séléka leader Michel Djotodia suspended the Constitution and proclaimed himself interim president of the country, with Nicolas Tiengaye as prime minister. Violence became widespread, particularly against perceived Bozizé supporters. The Séléka disbanded in September 2013, with many factions developing under the name ex-Séléka and continuing to commit abuses across the country.
In reaction to the Séléka insurgency, Christian and animist militia as well as former government soldiers formed the Anti-balaka group in late 2013. Aiming to dissolve the Séléka and re-instate Bozizé as president, the Anti-balaka became equally violent. Both groups committed serious human right violations, including war crimes and crimes against humanity, including sexual violence. Both groups targeted civilians, with the Anti-balaka focusing on Muslim communities.
A ceasefire agreement was signed in 2014, resulting in the formation of a transitional government led by Catherine Samba-Panza, the country’s first woman president. This was followed by the 2015 Bangui Forum on National Reconciliation, which contributed to the establishment of the TJRRC and the SCC. The SCC was created to prosecute serious violations of international humanitarian and human rights law committed in CAR since 1 January 2003 (Musila, 2016).
The conflict has disproportionately affected women and girls, with Séléka rebels and Anti-balaka militia subjecting them to sexual slavery and rape. According to Medecins Sans Frontiers (2021), sexual violence in CAR has become a public health crisis, with women and children most affected. Sexual violence by both sides has been used as a tactic of war and it is conducted systematically, strategically and habitually. Also, it has historically been exercised with impunity, which disheartens the hopes of victims/survivors for justice (HRW, 2017a).
Sexual violence not directly related to the conflict has also become more widespread, with reports of assaults perpetuated by friends, neighbours and relatives of victims/survivors (DWB, 2021). It is reported that every hour in CAR three people become victims of gender-based violence (GBV), with women and girls as the primary victims of these crimes. In 2022 there was a reported 53% increase in recorded GBV cases from the previous year, with more than a third being sexual violence and 95% of the survivors being women and girls (UNOCHA, 2022)
Importantly, peacekeepers from the United Nations Multidimensional Integrated Stabilization Mission in CAR (MINUSCA) have been accused of committing crimes of sexual exploitation and sexual abuse (HRW, 2016; Timmermans, 2021). This resulted in the UN withdrawing up to 450 Gabonese peacekeepers from the country in 2021 (Welch, 2021). International actors like the French Operation Sangaris and the Russian Wagner Group, which have deployed military and security personnel to work with the CAR army and police, have also been accused of sexual violence, including rape, sexual harassment and sexual exploitation (GSF, 2021; OHCHR, 2021).
While there is limited data on male sexual violence victims in CAR, it is reported that sexual violence is also perpetuated against them as a tactic of war. Men and boys are exposed to acts of rape, castration, sexual humiliation and sexual slavery (ASP, 2017).
Contributing Factors around Sexual Violence
Conflict-related sexual violence (CRSV) in CAR is a systematic practice that is often driven by ethnic, religious, cultural and ideological motivations (Aurelie-Clemence & Zewei, 2013). Civilians are targeted by armed groups on both sides.
Women and girls, generally, are often targeted and violated as a symbol of perpetrators’ dominance over their enemies. This is reflected in the testimonies of many victims/survivors, which refer to the loss of dignity and the experience of shame before their community and even relatives as a consequence of their violation. Equally, children conceived from rape often experience stigmatisation and shame and are subjected to verbal abuse within their communities. Women are further victimised as some of their husbands leave them as a result of the rape, which is often a consequence of their partners bearing witness to the crime (GSF, 2021).
Sexual violence by armed groups is used to terrorise and ‘punish’ victims, often women and children (AFD, 2023). In these circumstances, women are accused of hiding or protecting rebel members, from either side of the conflict divide. Equally, sexual violence has been used to humiliate women, forcing them into the private sphere and removing them from public spaces, particularly in cases when the motivations are to deter women from economic advancement and ownership (ACCORD, 2016).
Low economic empowerment, forced displacement, food insecurity and lack of shelter and security has led to the breakdown of the social fabric, exacerbating the vulnerability of women and children. These circumstances, in some cases, result in sexual exploitation, specifically transactional, coerced sex in exchange for basic needs (ACCORD, 2016).
As in many countries across Africa, there are gender disparities in CAR that position women as economically, socially and politically inferior (UN Women, n.d.). In education, there is persistent inequality between girls and boys, wherein the latter are favoured. With fewer education opportunities, women and girls struggle to earn an income and often are forced to depend on male relatives. Equally, there is the intended informalisation and gendering of female labour that is often underpaid/unpaid domestic labour (Aurelie-Clemence & Zewei, 2013).
Women and girls are excluded from public discourse and decision-making as a consequence of tradition, culture and customs that dictate the submission of women to men. With men established as the heads of households, they are given the responsibility to discipline their wives, which inherently dictates womanhood and the practice of femininity. Contradictorily, socially it is considered ‘acceptable’ for women to be reprimanded by their husbands and male relatives, even to the extent of physical violence, yet it is also considered ‘bad’ to beat a woman (pp. 13-14).
Men and boys are also exposed to sexual violence, with many of the assaults intended to humiliate and emasculate (GSF, 2021). Although documentation of sexual violations against men is limited, there is a discernible pattern of victimisation of men and boys in CAR that implies it is systematic. Rape and other sexual violations are instrumentalised as a practice to humiliate, terrorise and subdue men, often with the intention to ‘feminise’ men through penetration. As stated by a male rape survivor, “After five days of detention, I no longer had strength to resist so they took advantage of my powerlessness and had sex with me like a woman” (ASP, 2017, p. 20).
In addition, sexual violence is used as a ‘jump-in’ tactic in detention, wherein men are coerced to rape both women and men in view of rebel supervisors as well as fellow captives. As same-sex sexual activity is widely considered immoral in CAR, the ‘jump-in’ tactic is used to humiliate and actively emasculate male victims/survivors (ibid).
Transition and Establishment of Truth Commission
When Bozizé was re-elected president in 2011, many rejected the outcome, which contributed to the overthrow of the government by the Séléka in late 2012. In January 2013, a peace agreement was signed between the Séléka and Bozizé. However, these negotiations fell through, resulting in Bozizé fleeing into exile. While in exile, Bozizé was indicted for international crimes that included crimes against humanity and incitement of genocide by the CAR Constitutional Court (Rugiririza, 2021; Africa News, 2021).
The Séléka disbanded in 2013, but factions of the rebel group refused to disarm. Also, with the weakening of the Séléka, Anti-balaka intensified their attacks against predominately Muslim neighbourhoods. With the continued fighting between factions of Séléka and Anti-balaka, the UN Security Council, the African Union and French peacekeepers tried to intervene to stabilise the country, but they were unable to contain the violence (HRW, 2017b).
In January 2014, President Djotodia and Prime Minister Tiengaye resigned as part of the negotiations established at a regional summit held in Chad. Subsequently, Catherine Samba-Panza was appointed as interim president. Following mediation efforts by Congolese representatives in 2014, a ceasefire agreement was signed between ex-Séléka and Anti-balaka in Brazzaville. The result was that ex- Séléka controlled the northwest and Anti-balaka the southwest of CAR. By December 2015, Séléka rebel leaders declared the region of Logone an autonomous state.
In 2015, the Bangui Forum on National Reconciliation was convened with a mandate on national reconciliation. It involved up to 600 members of government, civil society, ethnic communities, religious groups and other citizens, including 120 women. The proceedings had four themes: peace and security, justice and reconciliation, governance, and social and economic development. By the end of the forum, the Republican Pact for Peace, National Reconciliation and Reconstruction was signed. One of the key outcomes was a recommendation for the establishment of a special criminal court and a truth commission (Musila, 2016; Volkmann-Brandau, 2022).
A new Constitution was drawn up in December 2015. In February 2016, an election was held that led to Faustin-Archange Touadéra becoming the new president of CAR. Despite this, violence continued, with serious human rights violations committed by all parties. Despite the signing of the peace pact and the elections, the majority of the country remained under the terror of rebel militias (Knoope & Buchanan, 2017).
In 2017, the Touadéra-led government signed a peace deal with many armed groups, which was mediated by the Community of Sant’Egidio. This peace agreement included a ceasefire, political representation for armed groups, and a recommendation for a truth commission. However, the talks failed as there was fighting between the Anti-balaka and another rebel group that resulted in the deaths of up to 100 civilians (HRW, 2017b).
The conflict only begun to die down in 2019. That year, the government and 14 non-state armed groups signed the Political Agreement for Peace and Stability (Lamarche, 2022). Led by both the AU and UN, the agreement was established in Sudan under the African Initiative for Peace and Reconciliation in CAR, and formally signed in Bangui (UN News, 2019). Violence ensued shortly after its signing, as there were tensions leading into the negotiations of the peace agreement that resulted in a flawed conclusion (Lamarche, 2022).
Following this agreement, both the TJRRC and the SCC were created in 2020. The TJRRC was presented as a mechanism to establish the truth and restore the dignity of victims/survivors. It became operational in 2021. The SCC was established as a hybrid court composed of national and international judges that would look at serious international and national crimes committed in CAR since 2003 (Benga, 2023).
Mandate and Scope in Respect of CRSV
Under Law No. 2.047009, the TJRRC was tasked with “establishing the truth and locating responsibilities for serious national events since March 29, 1959 until December 31, 2019.” The start date is significant as it is the day CAR’s founding President Barthelemy Boganda died in a plane crash, which was suspected to be an assassination. The law stipulates that the commission will run for four years, with the possibility of an extension of 24 months.
The mandate requires that the TJRRC include at least four women among its 11 commissioners, all of whom have to be CAR citizens. Additionally, the commissioners were expected to have expertise in gender issues and human rights protections. This requirement also applied to the commission’s unit for protection and assistance of victims and witnesses, including specialists for gender issues and psychosocial assistance. The commission was expected to collaborate with victims’ associations, women’s associations and youth representatives.
Under Title II, the commission is mandated to propose the creation of the Special Fund for the Reparations of Victims. Moreover, it is expected to propose a national programme of reparations, which must include material, moral and symbolic categories.
Under its procedures, the commission is expected to consider the specific impact of violations on indirect victims, women, children and vulnerable and marginalised categories, including refugees. However, there is no direct mention of sexual violence in the commission’s mandate.
Truth Commission Operations
In 2020, 11 commissioners were appointed by presidential decree, following the selection of candidates by a committee composed of parliamentary members, government officials, civil society and the African Union and the United Nations (Leberger, 2020). They were sworn in by the end of 2020, with the commission officially inaugurated in July 2021.
The TJRRC presented its first annual activity report to Touadéra on 30 December 2022. After 18 months, the list of its activities included meetings with government authorities; training of commissioners; traveling to different regions across the country; recruitment of experts; documenting victims/survivors’ experiences; and national awareness-raising on the roles and responsibilities of the commission (Benga, 2023).
The commission’s start and operations have been constrained by a lack of resources and the continued conflict in some parts of the country, which has also limited its scope of operations. An additional challenge is that alleged perpetrators occupy high-level positions in the present government.
The United Nations Development Programme (UNDP), MINUSCA’s Human Rights Division, UN Women and the International Center for Transitional Justice have provided support to the TJRRC during its operationalisation phase and helped develop tools such as statement-taking forms, strategy processes, a victim-centred communication strategy, as well as building staff members’ capacity. Additionally, the International Center for Transitional Justice (ICTJ) has supported victims/survivors in translating their rights within the commission and improving capacity for victims’ groups and civil society organisations to include them as allies in the processes of the commission. This support is emphasised for victims/survivors of sexual and gender-based violence and is meant to help them advocate access to rights, justice and reparations (ICTJ, n.d.).
A limitation faced by the commission is lack of visibility and access. The TJRRC struggles to travel across the country to disseminate information regarding its processes and responsibilities. By the end of 2022, the commission had only organised two outreach activities that physically reached up to 955 people, travelled across seven towns and participated in radio broadcasts with up to 73,000 listeners. Offices have been established in six cities, but they have yet to take up any cases of serious human rights violations (Benga, 2023).
Despite these challenges, locals are generally hopeful about what the truth commission can provide, with research suggesting that 70% of people believe the process of exposing the truth would bring about peace; 61% determining that the process could bring justice; and 56% saying that the truth commission encourages reconciliation (Rugiririza, 2021). Also, civil society and grassroots organisations have participated in the advancement of transitional justice in CAR (Lucey & Knoope, 2021; UN Media, 2022). Civil society has actively engaged with victims/survivors in capturing testimonies of human rights violations as well as in dialogues and peace negotiations with international partners to promote human rights. This is noticeable in their role as stakeholders in the TJRRC and their will to establish peace and justice in CAR (Labuda, 2019).
However, since April 2023, the government has limited the political will of civil society by threatening and harassing advocates, opposition parties, journalists and individuals who have criticised the Touadéra-led government (HRW, 2023). This threatens to destroy the progress of transitional justice processes in the country, as it motivates potential political violence and harassment against targeted individuals. This is creating an environment of fear for victims/survivors, which may hinder their engagement with transitional justice measures.
Truth Commission Final Report
Since the processes on the TJJRC are ongoing, there is no final truth commission report to discuss.
Truth Commission Recommendations
There are currently no TJJRC recommendations to report on.
Implementation of the Truth Commission Recommendations
Similarly, there are no recommendations to implement as yet.
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