Pacte Républicain pour la paix, la réconciliation nationale et la reconstruction en la République Centrafricaine

Country/entity
Central African Republic
Region
Africa (excl MENA)
Agreement name
Pacte Républicain pour la paix, la réconciliation nationale et la reconstruction en la République Centrafricaine
Date
11 May 2015
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Framework/substantive - partial
Conflict nature
Government
Peace process
CAR: coups and rebellions process
Parties
Not signed, but states itself to be the document of: We, the participants in the National Forum of Bangui
Third parties
-
Description
An agreement emerging from a conference of national reconciliation, the Bangui Forum, which sets out a broad agenda for a process to end the conflict and begin national reconciliation.
Main category
Page 3, ON GOVERNANCE (DEMOCRATIC AND ECONOMIC) AND INSTITUTIONAL REFORM
We reaffirm that we, as Central African actors, agree on:
...
o The promotion of participative and inclusive democracy, based on the principle of equality between men and women; the strengthening of social cohesion, justice and reconciliation in the Central African Republic; the introduction of a provision in the constitution authorising the governing executive to carry out basic consultations on the key issues facing society;
...
o Restoring ethical standards in politics, in particular with immediate reform of the legal cadre of political parties; the development of an objective approach to financing political parties; the adoption of an opposition statute; the promotion of equal access to State media; the promotion of female and youth participation in elected political roles, including the imposition of quotas;

Page 4, ON THE RESTORATION OF STATE AUTHORITY, REDEPLOYMENT OF THE ADMINISTRATION AND DECENTRALISATION
We reaffirm the consensus among all Central African actors:
...
o To introduce regulations to govern the way the administration works, in particular appointments and promotions to public functions, taking into account the geographical and community diversity of the Central African Republic, regional balance, equality between men and women, and merit;

Page 4, ON JUSTICE AND RECONCILIATION
We reaffirm the consensus among all Central African actors on:
o The need to strengthen and respect the constitutional provisions on protecting the basic rights and liberties of all Central Africans without discrimination on grounds of age, sex, ethnicity or religion; and to guarantee free movement throughout the national territory;

Page 6, ON PEACE AND SECURITY
We reaffirm the consensus among all Central African actors on:
...
o The need to account for the specific needs of women, young persons and children in each phase of the DDR process

Page 7, ON ECONOMIC AND SOCIAL DEVELOPMENT
We reaffirm the consensus among all Central African actors:
...
o For the implementation of an authentic employment policy (particularly for young people, women and vulnerable populations) with the objective of improving investment, in order to develop male and female entrepreneurs in Central Africa, and attract foreign investment by developing measures to promote the private sector;

Women, girls and gender

Participation
Participation→Gender quotas
Page 3, ON GOVERNANCE (DEMOCRATIC AND ECONOMIC) AND INSTITUTIONAL REFORM
We reaffirm that we, as Central African actors, agree on:
... o Restoring ethical standards in politics, in particular with immediate reform of the legal cadre of political parties; the development of an objective approach to financing political parties; the adoption of an opposition statute; the promotion of equal access to State media; the promotion of female and youth participation in elected political roles, including the imposition of quotas;
Equality
Equality→Equality (general)
Page 3, ON GOVERNANCE (DEMOCRATIC AND ECONOMIC) AND INSTITUTIONAL REFORM
We reaffirm that we, as Central African actors, agree on:
... o The promotion of participative and inclusive democracy, based on the principle of equality between men and women; the strengthening of social cohesion, justice and reconciliation in the Central African Republic; the introduction of a provision in the constitution authorising the governing executive to carry out basic consultations on the key issues facing society;

Page 4, ON THE RESTORATION OF STATE AUTHORITY, REDEPLOYMENT OF THE ADMINISTRATION AND DECENTRALISATION
We reaffirm the consensus among all Central African actors:
... o To introduce regulations to govern the way the administration works, in particular appointments and promotions to public functions, taking into account the geographical and community diversity of the Central African Republic, regional balance, equality between men and women, and merit;

Page 4, ON JUSTICE AND RECONCILIATION
We reaffirm the consensus among all Central African actors on:
o The need to strengthen and respect the constitutional provisions on protecting the basic rights and liberties of all Central Africans without discrimination on grounds of age, sex, ethnicity or religion; and to guarantee free movement throughout the national territory;
Particular groups of women

No specific mention.

International law

No specific mention.

New institutions

No specific mention.

Violence against women

No specific mention.

Transitional justice

No specific mention.

Institutional reform
Institutional reform→DDR, army, parastatal or rebel forces
Page 6, ON PEACE AND SECURITY
We reaffirm the consensus among all Central African actors on:
... o The need to account for the specific needs of women, young persons and children in each phase of the DDR process
Development
Development→General
Page 7, ON ECONOMIC AND SOCIAL DEVELOPMENT
We reaffirm the consensus among all Central African actors:
... o For the implementation of an authentic employment policy (particularly for young people, women and vulnerable populations) with the objective of improving investment, in order to develop male and female entrepreneurs in Central Africa, and attract foreign investment by developing measures to promote the private sector;
Implementation

No specific mention.

Other

No specific mention.

REPUBLICAN PACT FOR PEACE, NATIONAL RECONCILIATION AND RECONSTRUCTION IN THE CENTRAL AFRICAN REPUBLIC

We, the participants in the National Forum of Bangui.

Representing all the people of Central Africa in all their political, social, cultural, ethnic and religious diversity, meeting in Bangui from May 4 to 11, 2015;

In the spirit of the main recommendations of the basic consultations and the themed committees of the National Forum, and taking our lead from these in formulating the present Pact;

Reaffirming our commitment to the key transition documents of the Central African transition, including the Constitutional Charter of Transition of July 18, 2013;

the Brazzaville Agreement for Cessation of Hostilities between armed groups of the Central African Republic, of July 23 2014;

the route map of the institutions and organs of the transition;

the Rules of Engagement signed by the politico-military groups on April 23, 2015;

the Bangui Engagement to end the recruitment and use of children in armed groups;

and the DDRR Agreement between the Government of the Central African Republic and armed groups, of May 10, 2015, an Annex to the present Pact;

Considering all of the formal and informal preparatory dialogue and reconciliation for the Bangui Forum, including consultations with local populations, with a view to strengthening national cohesion;

Conscious of our duty to respect the thoughts, expectations and aspirations of our compatriots, in working for the Bangui National Forum;

Reaffirming our attachment to the unity, sovereignty and indivisibility of the Central African Republic, our beloved country;

Condemning the deluge of violence which has weakened the social cohesion and national unity of the Central African Republic;

Reaffirming our deep attachment to the process of dialogue and reconciliation, the best means of returning to a just and durable peace, a platform for the integrated development of the Central African Republic;

Conscious of the substantial efforts made by the Government and the Central African Republic’s partners to emerge from the crisis, and re-establish constitutional order and political stability through free and transparent elections;

Resolving to contribute positively to the implementation of the resolutions and recommendations of the Bangui National Forum using measures and mechanisms designed to restore peace and promote reconciliation and good governance;

Convinced that the Bangui National Forum represents an historic opportunity to rebuild the Central African Republic on the basis of a National Pact anchored in the principles of democracy, social justice and good governance;

We undertake, by means of this National Pact for Peace, Reconciliation and Good Governance (Republican Pact) to work diligently towards the following objectives:

On governance (democratic and economic) and institutional reform

• We reaffirm that we, as Central African actors, agree on:

o The need to create favourable conditions for the constitutional referendum and

free and transparent general elections throughout the country which will enable a return to constitutional order in line with the provisions of the Constitutional Charter of Transition according to the agreed procedures and timescale, and to facilitate the participation of refugee populations in the elections;

o The duty of everyone to conscientiously respect the Constitutional Charter of Transition;

o The adoption and signing of a code of good conduct by the parties and political groups, the candidates and the press, to ensure elections which conform to the standard of democratic elections in a calm environment, and the use of appropriate legal channels to resolve any contentious issues;

o The need to strengthen citizen participation and regional political representation by organising local elections immediately following the Transition;

o The introduction of a constitutional clause prohibiting any possibility of amnesty for crimes against humanity, war crimes and genocide committed in the Central African Republic;

o The promotion of participative and inclusive democracy, based on the principle of equality between men and women;

the strengthening of social cohesion, justice and reconciliation in the Central African Republic;

the introduction of a provision in the constitution authorising the governing executive to carry out basic consultations on the key issues facing society;

o In finalising and adopting the new Constitution, the importance of secularism and citizenship;

of the rights of minorities and indigenous peoples;

of the separation of powers and of democratic control of the Government;

of the republican, professional and multi-ethnic character of the Central African defence and security forces and their civilian and democratic control;

o The introduction of a constitutional provision prohibiting the seizure and maintenance of power by force, and declaring that political activity and military status are incompatible;

o The introduction of a constitutional provision reinforcing national sovereignty and requiring the exterior relations of the Central African Republic to be conducted with respect for the dignity and interests of Central Africans, and for the territorial integrity of the State, and to combine this provision with a mechanism of parliamentary control;

o The need to put in place transparent mechanisms for managing the State’s resources and to develop legislation for the fight against corruption;

and to operationalise the National Agency for Financial Investigation (ANIF) and other structures designed to embed good governance in the country;

o The inscription in the new constitution of the creation of a senior and independent authority on good governance;

of transparency in managing and exploiting natural and mineral resources;

and the equitable redistribution of profits generated by the mining industry, such that they contribute effectively to national development and to the improvement of living conditions for itscitizens;

o Restoring ethical standards in politics, in particular with immediate reform of the legal cadre of political parties;

the development of an objective approach to financing political parties;

the adoption of an opposition statute;

the promotion of equal access to State media;

the promotion of female and youth participation in elected political roles, including the imposition of quotas;

o Reform of the legal cadre of the press and revitalising regulation of the audio- visual communication sector;

the promotion of and respect for deontology;

o Immediate implementation of measures to guarantee media coverage of the entire national territory;

and liberalisation of the audio-visual communication sector;

o Effective implementation of the position of former Head of State.

On the restoration of state authority, redeployment of the administration and decentralisation

• We reaffirm the consensus among all Central African actors:

o To redeploy and gradually strengthen an administration based on values of secularism, equity and neutrality, at the local level, to ensure the effective presence of the state across the national territory, particularly before, during and after the general elections;

o To implement measures to ensure that the redeployment of state structures is based on principles of representativeness, regional balance and inclusion, and which guarantees the availability of public services for the benefit of the entire Central African population;

o To introduce regulations to govern the way the administration works, in particular appointments and promotions to public functions, taking into account the geographical and community diversity of the Central African Republic, regional balance, equality between men and women, and merit;

o To implement an active and voluntarist policy of decentralisation and regionalisation, and reinforcement of the rights of decentralised areas (regions, departments and communes) in the new Constitution;

o To strengthen role for traditional and customary local authorities cognisant of the need for social cohesion and inclusion and to promote community dialogue, including by establishing a consultative Territorial Council for local government questions.

On justice and reconciliation

o We reaffirm the consensus among all Central African actors on:

o The need to strengthen and respect the constitutional provisions on protecting

the basic rights and liberties of all Central Africans without discrimination on grounds of age, sex, ethnicity or religion;

and to guarantee free movement throughout the national territory;

o The need to declare Moslem anniversaries as official holidays, with a view to fairness and national reconciliation;

o The creation of a security and socio-economic environment suitable for the return of refugees and displaced persons;

o A strengthened role for courts and tribunals in protecting basic rights;

the establishment of a National Institution of Human Rights (INDH);

o The effective implementation – with the cooperation of the international community - of the Special Penal Code of the Central African Republic;

ensuring for this purpose the strengthening of the technical and operational capacity of local jurisdictions, the implementation of measures of protection for magistrates, witnesses and victims;

and ensuring the implementation of judicial mutual aid agreements signed within the remit of CEMAC, CEEAC and CIRGL;

o The need to pursue charges against the authors of crimes committed in the Central African Republic, and to collaborate for this purpose in any enquiries and judicial proceedings of the Special Criminal Court, other national courts and tribunals and the International Criminal Court (CPI);

o The establishment of a Justice, Truth, Reparations and Reconciliation Commission, with representation at the local level, charged with documenting and examining the crimes and acts of violence committed in the territory of the Central African Republic, in order to group them in two categories:

o Those whose authors must be brought to justice;

o Those to be subject to reparations in the form of compensation payments or works of general interest, resulting in contrition and intercommunity reconciliation;

o The creation of a mechanism for transitional justice, in line with the Global National Reconciliation Strategy;

the institution of a day of commemoration for the victims of the Central African Republic crises;

the promotion of a civic and citizen-focussed culture in the Central African Republic.

On peace and security

o We reaffirm the consensus among all Central African actors, on:

o The identification and immediate and unconditional withdrawal of all children associated with armed groups;

o The obligation on armed groups to engage resolutely in the process of democratic consolidation in the Central African Republic, and where necessary to express their demands by peaceful and democratic means;

o The immediate implementation of the DDRR Agreement as adopted at the Bangui National Forum;

the implementation of a new DDRR programme including provisions on the reconversion and community reintegration of ex- combatants, and on initiatives to create high-intensity labour projects (THIMO), awareness-raising and communication;

o The urgent and spontaneous launch of a process of immediate voluntary disarmament by all politico-military groups;

o The immediate implementation of the Brazzaville Agreement on Cessation of Hostilities of July 23, 2014, between the non-conventional military groups in the Central African Republic, on the regrouping of armed elements who were signatories to this Agreement, in order to facilitate a peaceful electoral environment;

o The immediate identification and repatriation to their countries of origin, by armed groups, of all foreign fighters in their ranks;

o The need to account for the specific needs of women, young persons and children in each phase of the DDRR process;

o The need to implement a strategy to reform and restructure the defence and security sector of the Central African Republic, including all elements of the defence and security forces (army, police forces, justice personnel), based on the principles and methods agreed at the Bangui National Forum.

On economic and social development

o We reaffirm the consensus among all Central African actors:

o That the Government takes into account all of the Forum’s recommendations in its programmes to revive and rebuild the country;

o Of the need for urgent humanitarian aid for the victims of these recent crises, including the creation of social solidarity funds;

o That the government implements an integrated strategy of reconstruction and development targeting the poorest regions of the country, including transport, energy and telecommunications infrastructure, and prepares a route map for the modernisation of the main growth sectors and the provision of basic services throughout the national territory;

o For the implementation of an authentic employment policy (particularly for young people, women and vulnerable populations) with the objective of improving investment, in order to develop male and female entrepreneurs in Central Africa, and attract foreign investment by developing measures to promote the private sector;

o The re-establishment of basic social services throughout the country, in particular schools, health centres and hospitals (including an HIV-AIDS strategy), access to drinking water and sanitation, and social housing for all of the victims of the recent Central African crises;

o The establishment of an authentic dialogue amongst all stakeholders in the economic and social sphere, such that all concerned will reflect upon and implement focussed and sustainable solutions to the country’s social and economic problems, including an integrated strategy for reconstruction;

o The need to ensure effective legal and jurisdictional protection for victims, and in particular the most vulnerable;

o The development of a transparent and rational approach to the exploitation of natural resources, notably oil, diamonds, gold, uranium, etc.

to contribute to the country’s development, and in this regard to review all extant cooperation frameworks.

We call upon the Transition authorities, without further delay, to establish an agreement framework for purposes of monitoring the implementation of the Forum’s conclusions and recommendations, as well as those of the present Pact, whose provisions concern every actor in the Nation.

To this effect, we call upon the National Transition Council to examine the documents resulting from the Forum in its deliberations, and to consider their legal and regulatory implications.

We solemnly call upon the Transitional Government, the National Transitional Council, the Government and the Parliament formed after the forthcoming elections, as well as all the active forces in the nation, to comply fully with the present Pact, and commit them to its careful and vigilant implementation.