Implementing transitional justice in post-transition Central African Republic: What viable options?

Sadiki Koko

doi:10.17159/1996-2096/2021/v21n2a38

Abstract

The Central African Republic currently is in search of the most suitable approach to adopt in order to address serious crimes and human rights violations committed in the country in recent years. This article is a contribution to the ongoing debate relating to transitional justice options in post-transition CAR. It suggests a three-pronged policy; focusing on the perpetrators, the victims and on society generally. The proposed policy in respect of perpetrators refers to the International Criminal Court, the Special Criminal Court and the national judiciary. Amnesty could be granted to suspected perpetrators willing to cooperate fully with transitional justice institutions. Such individuals equally could be subjected to diverse forms of lustration in exchange for forgiveness. As far as victims are concerned reparation programmes should be adopted and the necessary skills provided in order to enable them, their relatives and communities to earn a living. Lastly, society-focused transitional justice initiatives could involve the effective operationalisation of the Truth, Justice, Reparation and Reconciliation Commission, the establishment of a permanent national peace and dialogue commission and the involvement of community-based mechanisms and religious leadership. Yet, in order to increase the likelihood of success for the proposed transitional justice policy, the overall capacity of the CAR state ought to be significantly improved. Furthermore, external polities will have to refrain from interfering in the country's internal affairs and, at the same time, the international community should increase its support of the CAR.

Highlights

Since the rise of President Faustin Archange Touadéra to power in March 2016, the Central African Republic (CAR) has attempted to put behind it years of political turmoil and civil war
Summary: The Central African Republic currently is in search of the most suitable approach to adopt in order to address serious crimes and human rights violations committed in the country in recent years
In post-transition CAR the prosecution of perpetrators of grievous crimes and other serious human rights violations committed in the country’s recent crises far has involved national and internationally-backed courts

Summary

Introduction

Since the rise of President Faustin Archange Touadéra to power in March 2016, the Central African Republic (CAR) has attempted to put behind it years of political turmoil and civil war. As in the case of other African countries that have experienced civil war (often fought along ethnic and/or religious identity lines) in recent years, the CAR has had to overcome a multitude of challenges on its path towards building durable peace One of these challenges relates to the need to address serious crimes and human rights violations committed during the civil war years or the question of transitional justice. In this regard, it is important to recall that the political agreement for peace and reconciliation in the CAR, known as the Khartoum Agreement, signed in February 2019 between the CAR government and 14 armed groups,[1] called for the establishment of the Truth, Justice, Reparation and Reconciliation Commission (CVJRR). There are those who believe that there

The full nomination in French of the 14 armed groups are

Understanding transitional justice

Defining justice

TF Marshall Restorative justice

Defining transitional justice

18 CM Fombad ‘Transitional justice in Africa

Background to the CAR’s recent crises and transition

34 International Crisis Group ‘Central African Republic

Proposal on viable options for transitional justice in the CAR

Delineating the scope of transitional justice in posttransition CAR

Transitional justice options for the CAR

The case for perpetrator-oriented transitional justice mechanisms