9.3.2016   

EN

Official Journal of the European Union

C 93/178

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having regard to the Libreville (Gabon) Agreement of 11 January 2013 on the resolution of the politico-military crisis in the Central African Republic (CAR), signed under the aegis of the heads of state and government of the Economic Community of Central African States (ECCAS), which sets out the conditions for ending the crisis in the CAR,

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having regard to the report of the UN Secretary-General of 14 August 2013 on the situation in the Central African Republic, and the reports of the Head of the United Nations Integrated Peacebuilding Office in the Central African Republic (BINUCA), the Under-Secretary-General for Humanitarian Affairs and the Under-Secretary-General for Human Rights,

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having regard to UN Security Council Resolution 2088(2013) of 24 January 2013 and to the Security Council’s declarations on the CAR, and asking the Security Council to support the new African-led operation,

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having regard to the decision of the African Union Peace and Security Council of 19 July 2013 authorising the deployment of the African-led peace support operation from 1 August 2013,

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having regard to the extraordinary ECCAS summits of heads of state and government held in N’Djamena (Chad) on 21 December 2012, 3 April 2013 and 18 April 2013, and to their decisions to establish a National Transitional Council (NTC) with legislative and constituent powers and to adopt a roadmap for the transition process in the CAR,

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having regard to the meeting of the International Contact Group of 3 May 2013 in Brazzaville (Congo), which validated the roadmap for the transition and set up a Special Fund to assist the CAR,

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having regard to the statements of 21 December 2012, 1 and 11 January 2013, 25 March 2013, 21 April 2013 and 27 August 2013 by the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy on the CAR,

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having regard to the statement of 21 December 2012 by the Commissioner for Humanitarian Aid and Civil Protection on the new outbreak of conflict in the CAR,

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having regard to the resolution of the ACP-EU Joint Parliamentary Assembly of 19 June 2013 on the CAR,

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having regard to the UN Security Council press statements of 27 December 2012 and of 4 and 11 January 2013 on the CAR,

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having regard to the statements by the UN Secretary-General, Ban Ki-moon, of 26 December 2012 condemning the rebel attacks and urging all parties to abide by the decisions taken by the ECCAS in N’Djamena on 21 December 2012, and of 5 August 2013 calling for an end to impunity for serious human rights abuses in the CAR, including the consideration of sanctions,

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having regard to the statement of 16 April 2013 by the UN High Commissioner for Human Rights, Navanethem Pillay, in which she called for an end to the violence and for the restoration of the rule of law in the country,

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having regard to the statements of 12, 19 and 31 December 2012 by the Chair of the Commission of the African Union, Nkosazana Dlamini-Zuma, on the situation in the CAR,

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having regard to the revised Cotonou Agreement,

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having regard to its resolution of 17 January 2013 on the situation in the CAR (1),

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having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

A.

whereas, since the military victory of the Séléka coalition on 24 March 2013 and its seizure of power, elements of that coalition have committed many atrocities, rapes, crimes, acts of physical violence and thefts, as well as looting and other human rights violations, both in the capital and in the provinces, not being subject to any control;

B.

whereas on 20 August 2013 a disarmament operation lead by the Séléka in Boy-Rabé, an area dominated by followers of ex-President François Bozizé, led to the killing of 11 people, with dozens more being wounded, and was accompanied by pillaging;

C.

whereas on 28 August 2013 more than 5 000 inhabitants of Bangui fled to the CAR’s main international airport to escape marauding former rebel fighters, and occupied the tarmac for around 18 hours;

D.

whereas there is a risk that armed hostilities may resume on the part of the former Central African Armed Forces favourable to the deposed President François Bozizé, and having regard to the exploitation of inter-religious tensions and the risks which it entails;

E.

whereas on 4 September 2013 the prosecutor of the Bangui Tribunal asked for a sentence of 10 years’ imprisonment for the 24 former Séléka rebels brought to justice in the first trial dealing with the abuses committed in the CAR;

F.

whereas respect for human rights is a fundamental value of the European Union and represents an essential element of the Cotonou Agreement;

G.

whereas the fact that those who have committed human rights violations and war crimes have not been prosecuted promotes the climate of impunity and favours the perpetration of further crimes;

H.

whereas on 7 August 2013 the prosecutor of the International Criminal Court (ICC) issued her second warning that the crimes committed in the CAR may fall under the ICC’s jurisdiction and that her office will prosecute if necessary;

I.

whereas this violence is again causing displacement of people, and the Office for the Coordination of Humanitarian Affairs estimates that a third of the population have left their homes and are suffering from malnutrition, that 1.6 million people desperately need aid, 200 000 of whom need health care, while 484 000 are seriously short of food, that 206 000 people have been displaced, 60 000 of whom have found refuge in neighbouring countries; whereas, moreover, 650 000 children are no longer attending school because of the occupation of schools by armed groups and whereas 3 500 children have been recruited by the armed forces and armed groups;

J.

whereas on 21 August 2013 the Cameroon authorities temporarily closed the border with the CAR after claiming that Séléka rebels had attacked the border town of Toktoyo and killed a Cameroon border officer; whereas despite the reopening of the border, lorry drivers remain hesitant about crossing into the CAR, owing to deteriorating security conditions;

K.

whereas the CAR is confronted with social and economic challenges, as the public and private sectors have been pillaged and destroyed, seriously undermining the country’s administration and economic fabric and causing social turmoil; whereas hospitals have also been plundered on a massive scale, creating a disastrous health situation in the country;

L.

recalling that the Libreville Agreement remains the basis for the transitional arrangement; whereas after the 18-month transitional period, free, democratic, transparent and regular elections must be organised, but whereas the Head of State, the Prime Minister, the members of the transitional government and the members of the Bureau of the CNT will not be allowed to stand;

M.

whereas the ECCAS summit of 3 April 2013 established the NTC, and whereas that of 18 April 2013 adopted a roadmap for its composition and functioning;

N.

whereas an International Contact Group on the Central African Republic was established in May 2013 to coordinate regional, continent-wide and international action in order to find a lasting solution to the country’s recurrent problems;

O.

whereas the European Union engages in regular political dialogue with the CAR, pursuant to the Cotonou Agreement, whereas it is the country’s main donor and whereas on 8 July 2013 it decided to increase its humanitarian aid by €8 m, to €20 m; whereas this EU aid cannot be enough and whereas other international partners must also enter into commitments;

P.

whereas the CAR has faced decades of instability and political unrest since it gained independence in 1960; whereas, despite the fact that it is a country rich in natural resources (timber, gold, diamonds, uranium, etc.), the CAR ranks only 179th out of 187 countries on the UN Human Development Index and, with around 70 % of its population living below the poverty line, remains one of the poorest countries in the world;

1.

Condemns the unconstitutional seizure of power, by dint of armed force, by the Séléka coalition on 24 March 2013;

2.

Expresses its deep concern over the situation in the CAR, which is characterised by a complete breakdown of law and order and the absence of the rule of law; condemns the recent violence, which has further eroded even the most basic services in the country and exacerbated an already dire humanitarian situation affecting the entire population;

3.

Calls on the CAR authorities to take concrete measures to protect the civilian population, to end the recruitment and use of children by armed groups, and to restore security and public order as well as basic electricity and water services;

4.

Strongly condemns the serious violations of humanitarian law and the widespread violations of human rights law, notably by elements of the Séléka, including extrajudicial killings, summary executions, enforced disappearances, arbitrary arrests and detention, torture, sexual and gender-based violence and the recruitment of child soldiers;

5.

Calls on the CAR authorities and on all stakeholders to address the structural causes of the country’s recurrent crises and to work together to implement the Libreville Agreement, which sets out the conditions for transition in the country and for a return to constitutional order, with the objective of achieving long-lasting peace and democratic solutions;

6.

Calls on the international partners to fully support their joint efforts in the fields of security, humanitarian aid and establishment of the rule of law; calls on the UN Security Council to study, as a matter of urgency, the request for support made by the African Union to finance the 3 600 members of civil and military personnel of the peacekeeping mission in the CAR;

7.

Supports the current transition from the Mission for the Consolidation of Peace in the CAR (MICOPAX) to the African-Led International Support Mission in the CAR (AFISM-CAR), whose mandate should be exercised under the auspices of the UN;

8.

Welcomes the decision of the ECCAS heads of state to increase significantly the size of the Multinational Force of Central Africa (FOMAC) and to adopt an appropriate mission mandate to contribute to the securing of the CAR; is concerned, at the same time, that although 1 300 ECCAS troops have been deployed to the CAR, they have been unable to prevent the country from sliding into lawlessness; points out that a worsening situation in the CAR could lead to regional instability;

9.

Calls for the perpetrators of human rights violations, war crimes, crimes against humanity, sexual violence against women and the recruitment of child soldiers to be reported, identified, prosecuted and punished in accordance with national and international criminal law; points out, in this connection, that the situation in the CAR has already been brought before the ICC and that, under the Court’s statute, there is no period of prescription for genocide, crimes against humanity or war crimes;

10.

Welcomes the decision by the CAR to launch a programme for the collection of unauthorised weapons as a response to violence and petty crime in the chronically unstable nation; urges the government to make this measure mandatory;

11.

Notes the establishment of a joint committee of inquiry into the atrocities committed since the seizure of power by Séléka, and calls on all parties participating in this body to work in concert to promote national reconciliation;

12.

Considers it necessary, furthermore, to address the consequences of the conflicts, in particular through reform of the armed forces and security forces, demilitarisation, the demobilisation and reintegration of ex-combatants, the repatriation of refugees, the return of internally displaced people to their homes, and the implementation of viable development programmes;

13.

Insists that a comprehensive political solution, including fair distribution of revenue through the state budget, is vital for finding solutions to the crisis and paving the way for sustainable development of the region; calls on the UN Secretary-General to appoint a panel of experts to carry out an inquiry into the exploitation of the CAR’s agricultural and mineral resources, with the objective of establishing a legal framework enabling the country’s resources to benefit its population;

14.

Welcomes the EU’s increased support for addressing the humanitarian crisis in the CAR, and calls for the EU and its Member States, as leading donors to the country, to enhance their coordination with the other donors and international institutions in order to meet the urgent humanitarian needs adequately and alleviate the suffering of the people of the CAR; requests that an international meeting on the CAR be held on the margins of the UN General Assembly in New York in September 2013;

15.

Calls for the international operations to be stepped up, with the consent of the CAR, with a view to arresting members of the Lord’s Resistance Army, in order to put an end to the devastation caused by this criminal group;

16.

Calls on the authorities of the Central African Republic to fulfil the obligations laid down in the Rome Statute of the International Criminal Court, which their country has signed;

17.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the UN Security Council, the UN Secretary-General, the institutions of the African Union, the ECCAS, the ACP-EU Joint Parliamentary Assembly and the Member States of the European Union.