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Central African Republic - Government

Voters in the perennially restive Central African Republic overwhelmingly approved a draft constitution that paves the way for Faustin Archange Touadera to seek a third term as president, the national poll body said 07 August 2023. Voters cast 95.27 percent of their ballots in favour and 4.73 percent against, with a turnout of 61.10 percent in the July 30 referendum, National Election Authority president Mathias Morouba said.

The new constitution would extend the presidential mandate from five to seven years and abolish the two-term limit. There are no longer obstacles to prevent the 66-year-old head of state from seeking the presidency a third time in 2025. If elected, he could spend 16 years at the helm. The vote was boycotted by the main opposition parties and civil society organisations, as well as by armed rebel groups. The opposition complained about the lack of an up-to-date electoral register and said institutions tasked with guaranteeing a free and fair vote were not independent.

The C.A.R. made a transition from military rule to democracy in the early 1990s. The brutal Bokassa regime ended in 1979 when he was overthrown by Jean-Bedel Dacko in a comeback coup. In September 1981 Dacko was ousted for a second time in a coup instigated by General André Kolingba. The military junta introduced progressively multiparty politics in the country, which culminated with the organisation of relatively competitive presidential elections in August 1993. Kolingba fared so poorly that he was eliminated in the first round, and Ange-Félix Patassé was ultimately elected through a run-off in September 1993. Patassé won a second term in the presidential elections of 19 September 1999, held against abackdrop of extreme political tension and the crumbling of the State. As a result, Patassé had to deal with serious social and political turmoil which led to a military coup led by General Francois Bozizé in March 2003.

1995 Constitution

The form of government was a unitary republic and the constitution in use was adopted in January 1995. The constitution provides for a decentralized form of government with regional assemblies, a constitutional court, and the separation of powers between the president and the prime minister. The state is, in reality, highly centralized; the central government appoints all sub-national government officials.

The president, elected for a 6-year term, serves as head of state and commander in chief of the armed forces. He appoints the prime minister, who presides over the Council of Ministers, and he retains the power to dissolve the National Assembly.

The Legislative branch is composed of the National Assembly, the Economic and Regional Council, and the State Council. The National Assembly had 109 deputies who were elected by popular vote for a 5-year term. The president of the National Assembly is chosen by and from the Assembly.

The Economic and Regional Council is an advisory body that is composed of delegates chosen by both the president and the National Assembly. The State Council is another advisory board that discusses matters referred to it by the president of the National Assembly. Although the constitution provides for the separation of powers, the legislature is subject to manipulation by the president, who dominates the government.

The judicial system is based on the French civil law system and is composed of a Supreme Court, Court of Appeal, a Criminal Court, a High Court of Justice, a Constitutional Court, and various tribunals. The judiciary is constitutionally independent, but in reality is subject to de facto executive interference.

The C.A.R. was divided into 14 prefectures: Barningui-Bangoran, Basse-Kotto, Haute-Kotto, HauteSangha, Haut-Mbomou, Kemo-Gribingui, Lobaye, Mbomou, Nana-Marnbere, Ombella-Mpoko, Ouaka, Ouharn, Ouharn-Pende, Vakaga; two economic prefectures: Gribingui and Sangha; and one commune: Bangui. Each prefecture is divided into sub-prefectures. Each town has a mayor. In addition, a village chief (makunji) is elected in each village. The chief's responsibilities depend on the strength and popularity of the mayor.

2004 Constitution

A new constitution was approved by the people of the CAR in its majority through a referendum held on 5 December 2004. Bozizé went on to win the presidential election held in March and May 2005, which marked the end of the transitional process. Unfortunately the country slid back into conflict when insurgence broke out in the Northern part.

The government is a republic comprised of a strong executive branch (president, vice president, prime minister, and council of ministers), and weak legislative and judicial branches. Government and opposition party members, as well as civil society and the military are represented in the three branches, although the president appoints the vice president, prime minister, members of the cabinet (Council of Ministers), top military officials, and managers of national parastatals.

Politics in the Central African Republic takes place in a framework of a semi-presidential system, whereby the President is both head of state and head of government, with a separate Prime Minister. Executive power is exercised by the government. Legislative power is vested inboth the government and parliament. Under the 2004 Constitution, the President is elected by direct universal suffrage for a 5-year term of office that can be renewed once. For a candidate to be elected President of the Republic, he/she must secure at least 50% plus one of the total votes cast. If no candidate receives an absolute majority of the valid votes in the first round, there is provision for a run-off between the two candidates who received the highest number of votes. The President can both dissolve the National Assembly and dismiss the Prime Minister at anytime.

The Prime Minister is appointed by the political party enjoying the majority in the National Assembly. The unicameral Parliament is composed of 105 members, elected by direct universal suffrage to serve five-year terms, using the two-round system. In this system, if no candidate has an outright majority in the first round, a run-off is organised for all candidates who have secured at least 10% of the votes. The candidate who garners the highest number of votes is proclaimed winner in the constituency.

The allocation of seats by constituency was undertaken without any clear or defined criteria. The distribution of seats is generally handled on the basis of population size. The guiding principle was to ensure that every person’s vote carried the same political weight. One of the main complaints from the opposition parties was that the president and his government eroded the principle of ‘one person, one vote’ in allocating less seats to constituencies that had traditionally assumed to be opposition strongholds, despite the large size of their populations.

For administrative purposes, the country was divided into 16 prefectures that are further divided into over 60 subprefectures; the commune of Bangui is administered separately. The president appointed heads of these administrative units, called "prefets" and "sous-prefets". There are 174 communes, each headed by a mayor and council appointed by the president. Suffrage is universal over the age of 18.

The judicial sector encompasses the Constitutional Court, Court of Cassation, Court of Appeals, criminal and civil courts, Labor Court, and Juvenile Court, although several of these courts had insufficient resources and trained personnel to operate on a regular basis. The Criminal Court of Bangui sits once or twice a year, usually for 1 or 2 months each session. Judges are appointed by the president; executive influence often impedes transparent handling of judicial affairs. The CAR has a 9-member Constitutional Court (3 appointed by the President, 3 by the Speaker of the National Assembly and 3 magistrates elected by their peers). The term of office for judges of the Constitutional Court is 9 years. Besides, there is a Supreme Court made up of judges appointed by the President. Military courts exist but are currently only used to try military personnel for crimes committed in the course of duty. There are a limited number of formal courts currently functioning outside Bangui; traditional arbitration and negotiation play a major role in administering domestic, property, and probate law.

The Central African Republic has a very weak civil society, with its various actors struggling for funding and sustainability in an impoverished country.

The Independent Electoral Commission (CEI) is not provided for in the 2004 Constitution. The Independent Electoral Commission derives its authority from the amended Electoral Code promulgated on 2 October 2009. President Bozizé signed a decree establishing the CEI on 3 October and appointed there after the 30 members of the national coordination of the CEI, drawn from the six groups that had participated in the inclusive political dialogue of December 2008. The CEI President is a presumed to be a neutral personality elected by members of the national coordination, on proposals made jointly by the Speaker of the National Assembly and the Prime Minister. This election is approved by the President. Pastor Joseph Binguimalé was elected as the CEI President on 12 October 2009 by the national coordination. All the members of the Commission were sworn in on 16 October 2009. Its term expires 45 days after the announcement of the final elections results. Since the CEI is not permanent, there is a problem of institutional memory which was a particular feature of the debate around the ‘loss’ of archives related to the 2005 voter’s register.

Media, especially radio and television, can play a crucial role in shaping public opinion pertaining to electoral choices. The relevant laws and regulations call forfair access for political contestants to State-run media during the election campaign. The Haut Conseil de la Communication (HCC) which comprises nine (9) members is responsible for monitoring the use and regulating access to the media during the electoral process. The media are reluctant to cover effectively and fairly current political affairs, for fear of being harassed or victimised. Threats and incidents of intimidation are common, even though they are concealed. All in one, the coverage and impact of the media, both audio-visual and printed, are very limited. The vast majority of the territory is not covered at all.

The C.A.R. Government's human rights record remains flawed. There are continued reports of arbitrary detainment, torture and, to a lesser degree, extra judicial killings. Journalists have occasionally been threatened, and prison conditions remain harsh.

2016 Constitution

The National Transitional Council comprised a Senate, the National Election Authority, the legal commission, and a good governance body. In April 2015, the Council voted in favor of the creation of a special criminal court. Former CAR President François Bozizé had created the National Transitional Council in 2003, when he assumed power after launching a coup in March of that year.

In March 2013, Michel Djotodia led a coalition of armed groups to topple President Francois Bozize, ending his 10-year rule. Turmoil broke out when a loose rebel coalition called Séléka – meaning alliance in the local Sango language – overthrew democratically elected President François Bozizé. After seizing large parts of the country in an initial push in December 2012, rebels and the Government reached a cease-fire agreement and other deals in January 2013, in Libreville, Gabon, under the aegis of the Economic Community of Central African States (ECCAS). Hopes for a peaceful settlement of hostilities were short-lived, however. The agreements faltered in March, when thousands of rebels flooded the riverside capital Bangui, sending Bozizé into exile and pushing the country into another vicious cycle of violence, looting, sexual violence and other abuses.

The UN assistant secretary-general for human rights, Ivan Simonovic, called August 02, 2013 for strengthening the regional security force (FOMAC) in the Central African Republic. U.N. Assistant Secretary General for Human Rights Ivan Simonovic said ongoing instability since the March 24 rebel coup could intensify ethnic and religious divisions, and that humanitarian aid remains largely insufficient. The humanitarian situation continued to deteriorate following the ousting of former President Francois Bozize by the Seleka rebel coalition. Civilians continue to report widespread human rights violations, including arbitrary arrest, rape, torture, looting and summary executions. During a visit to the country, Simonovic said that security in CAR remains "virtually non-existent," particularly outside the capital, and that state institutions are "close to collapse."

The president of the Central Africa Republic said September 13, 2013 he had disbanded the Seleka rebel group that helped to bring him to power earlier in the year. President Michel Djotodia made the announcement in the capital, Bangui, saying the rebel coalition "no longer exists." He did not give further details about what steps he would take to dissolve the group. President Djotodia said that he wanted to organize elections in the country within the next 18 months.

It was reported on September 2, 2015, that the National Transitional Council, the country’s government, had approved a Constitution for the country. Interim President Catherine Samba-Panza established the Council with a view to promoting newly organized upcoming legislative and presidential elections; a first round of these elections was set to occur October 18, 2015, and a second round was scheduled for October 22. Prior to the elections, on October 5, a referendum would be held on passage of the Constitution. The new Constitution required ministers to give approval to decisions made by the President and Prime Minister; Bruno Gbiegba, vice president of the Council’s legal commission, therefore stated, “[t]he government will also be under obligation to inform parliament each time it signs a contract concerning the country’s mineral resources.”

A new constitution came into effect on 30 March 2016, approved by 93 percent of voters in a December 2015 referendum; voter turnout was 38 percent. International observers reported both the presidential elections and constitutional referendum were free and fair, despite reports of irregularities. The constitution established a bicameral parliament, with a directly elected National Assembly and an indirectly elected Senate. On 25 January 2016, the Transitional Constitutional Court annulled the December 30 National Assembly elections due to widespread irregularities, voter intimidation, and fraud and ordered new elections. On May 3, the National Assembly was seated following several rounds of new elections; elections for the Senate were not held, and no date had been announced.

The constitution provided for a judiciary, whose independence is guaranteed by the president. By the end of 2016 no judges had been appointed to the Constitutional Court established by the new constitution. In 2013 the Seleka plundered the courts and destroyed records throughout the country, leaving the courts barely able to operate. Many magistrates and government workers who fled the violence in 2013 did not return to their homes during 2016, especially outside the capital, due to fear for their safety. Corruption was a serious problem. Courts suffered from inefficient administration, a shortage of trained personnel, salary arrears, and a lack of resources. Authorities, particularly those of high rank, did not always respect court orders.