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Politics

The Government System of the Central African Republic

The Central African Republic is a landlocked country located in… you guessed it… Central Africa. It is bordered with six other countries which are Chad, Sudan, South Sudan, Democratic Republic of the Congo, Republic of the Congo and Cameroon. The country’s capital city, Bangui, is located near to the border with the Democratic Republic of the Congo.

Above featured photo: Based on OCHA Map (I edited on the flag). License.

The area where the CAR is now has been inhabited for a long time before colonization, the country’s borders were established by France when it administered the territory as a colony of the French Empire during the late 19th Century, called Ubangi-Shari and was part of French Equatorial Africa. The territory changed its name to the Central African Republic in 1958 and would get independence two years later in 1960 and would go through a series of autocratic rule and an attempt at establishing a monarchy which failed.

Calls for democracy eventually led to the country’s first multi-party democratic elections in 1993, but a coup in 2003 would topple the government, installing Bozize as President and lead to civil war (Central African Republic Bush War), peace treaties in 2007, 2011 and 2013 failed to stop the war and rebels toppled Bozize in 2013 and he fled to Cameroon and the new President adopted a new constitution in 2016. Civil War is still ongoing in the country keeping it dangerous and unstable.

The country is a very diverse nation with over 80 ethnic groups. The largest religion is Protestant Christian. There are two official languages, French and Sango. The country’s currency is the Central African CFA franc, which it uses alongside Cameroon, Chad, Republic of the Congo, Equatorial Guinea and Gabon. The country’s population after a short period of decline is estimated to reach 5,990,855 by July 2020 according to the CIA World Factbook.

Government Type

CAR Coat of Arms (In Public Domain)

The Central African Republic is a semi-presidential democratic republic with a President who is Head of State and a Prime Minister who is Head of Government and there is also a bicameral parliament consisting of the National Assembly as the lower chamber and the Senate as the upper chamber that makes up legislative government. Multiple parties are allowed.

Albeit the country is a democracy, things remain unstable due to ongoing civil war which can mean elections aren’t necessarily held on time and that things can quickly change, such as functioning of government, changing of institutions and the constitution as well as the threat of the government being toppled by rebels.

Executive Government

Current CAR President Faustin Touadera. (In Public Domain)

As already stated, there is a President who is Head of State (or as the constitution states, Head of the Executive) representing the country abroad in its diplomatic and foreign affairs and there is an appointed Prime Minister who is Head of Government and responsible to the President and the country’s parliament.

The President appoints the Prime Minister from the largest party or who the President thinks commands the confidence of the National Assembly (lower chamber) after parliamentary elections. The President also appoints and removes members of the government on proposal of the Prime Minister. The President convenes and presides over the Council of Ministers, establishes their agenda in advance and sees through the execution of laws.

The President promulgates laws passed by parliament, which must be done within 15-days or if urgency is declared by parliament, 5 days. The President can within the stated time period send a law bill back for reconsideration on the whole or certain parts, the parliament will require a two-third vote to pass it again unchanged and if this happens the President must promulgate it.

With the agreement from the Council of Ministers, Bureaus of the National Assembly and Senate and also the President of the Constitutional Court, the President of the Nation can submit a law bill that was passed by parliament for a national referendum which the President must promulgate if the public votes for the bill.

The President is the Supreme Head of the Country’s armed forces and is responsible for national defense. The President presides over the Superior Council and Committee of National Defense. He appoints to civil and military functions with any exceptions provided by law.

With consent of parliament the President negotiates, signs, ratifies and denounces international Treaties and Agreements. The President accredits ambassadors and envoys to foreign Heads of State. The ratification/signing of certain treaties and agreements may first require a national referendum to give consent, for example for treaties that change the country’s territory.

The President is tasked with guaranteeing the independence of the judicial system. He presides over the Superior Council of the Magistrature, the Consultative Commission of the Council of State and the Conference of Presidents as well as the Procurator-General of the Court of Accounts.

The President appoints 1 of the 9 members of the Constitutional Court, the other members are as follows, two magistrates, including at least one woman, elected by their peers; two Attorney including at least one woman, elected by peers; two members of a Faculty of Law, including at least one woman, elected by their peers; one member appointed by the President of the National Assembly and one member appointed by the President of the Senate. The 9-members then elect among themselves a Vice-President and President of the Constitutional Court. Constitutional Judges must have 10-years of experience and members serve a single 7-year term.

The President has the right to pardon from the law.

Under extraordinary circumstances and after opinion from the Council of Ministers, President of the National Assembly, President of the Senate and President of the Constitutional Court, the President of the Nation can be granted temporary exceptional powers. The President can also declare a state of emergency or siege after getting the opinion of the Council of Ministers, Bureaus of the National Assembly and Senate and also the President of the Constitutional Court, states of emergency and siege can after being declared, only be extended further by the National Assembly.

Also, after consultation of the above the President can dissolve the National Assembly early for fresh elections, this action can only be taken one time during a presidential mandate.

The President can call both houses of parliament to a joint session or “congress” either for the President to give an important message or to have them decide on a law bill or constitutional revision.

If permanent vacancy of the President results from definitive incapacity, death, resignation or conviction, then the President of the National Assembly is in first precedence to take office as interim, if they are not available then it will be the President of the Senate, they will remain in post until the result of new elections. Interim President has significantly reduced powers.

The President can be impeached by a two-third vote of members of the National Assembly introduced by an absolute majority for high treason and is decided on by a trial of the High Court of Justice for removal from office.

The High Court of Justice is composed of six magistrates, three Deputies and three Senators elected by their peers. The Vice-President of the High Court of Justice is elected by parliamentarians and the President of the High Court is elected by the magistrates.

Most of the President’s powers, except for a select few per the constitution, require a counter-signature from the Prime Minister or Minister concerned for them to have effect.

The Prime Minister is Head of Government and conducts the governing policy of the nation and assures execution of laws, has the President appoint members of government and the Prime Minister can appoint to specific civil offices determined by law. The Prime Minister presides over Councils of the Cabinet and Inter-Ministerial Committees. The Prime Minister’s regulatory acts are counter-signed by the Minister/s concerned in order to have effect. The Prime Minister is responsible to the President and also in keeping the confidence of the National Assembly.

The President can remove the Prime Minister from office upon a censure motion being adopted by at least two-thirds of the members of the National Assembly. A signature of at least one-third of members is required to introduce such a motion.

After the Prime Minister and members of Government are appointed, the Prime Minister must present a program and general policy to the National Assembly which will also act as a motion of confidence, confidence or rejection is decided by absolute majority.

Legislative Government

National Assembly emblem. (In Public Domain)

The bicameral parliament is made up of the National Assembly which is the lower chamber and the Senate which is the upper chamber of parliament. The function of the parliament is to introduce bills, motions etc, debate, amend law bills and pass or reject laws, motions etc. They also give consent to a declaration of war. Laws and motions can be introduced by both the Government and by members of parliament. Commissions are set-up in parliament for its processes such as the introduction of law bills and so forth.

The Senate can amend or reject bills from the National Assembly, amendments are by simple majority and rejection requires absolute majority, but if in return the National Assembly adopts the bill again with an absolute majority then it passes straight to the President for promulgation. If absolute majority cannot be reached and ping-pong between the two chambers ensue then the President can call a joint-session to sort out a compromise or can declare the bill or proposal lapsed.

The Senate, the upper chamber of parliament appears to be a new edition and introduced in the 2016 constitution but it is unclear if it has yet been implemented, by the looks of the information I can find it appears to not be so I can only provide what the constitution says. According to a United States Department of State Human Right’s report on Central African Republic, elections of the Senate are yet to have taken place (as of 2018) and it is unclear if they yet have, but it would seem not.

The National Assembly’s members seem to vary and isn’t set in-stone by the constitution, at the moment it appears to be 131 members, although some sources claim 140 members and so it is unclear, the 140-member count seems to be the correct one according at least to the CIA World Factbook and IPU Parline website, but again cross-checking for those using this seriously should be performed.

The President of the National Assembly is elected from among themselves for the duration of the parliamentary term, while the members of the Assembly’s Bureau are elected yearly. The President of the National Assembly regulates debate and makes sure chamber rules are followed. At least one-third of Members of the National Assembly can bring forth a motion of dismissal against the President of the National Assembly due to for example breach of duties, requiring a two-third vote for removal.

The number of seats for the Senate are not known and not apparently set in-stone in the country’s constitution. The constitution states that the members will elect the President of the Senate the same way that the National Assembly does and can be dismissed in the same way by members. The bureau is also elected yearly.

Electoral System

Map by Hel-hama from Wikimedia. License.

Presidential Elections are meant to happen every 5-years and election uses a two-round popular vote system where if a candidate doesn’t get an absolute majority of votes in the first round (such as at least 50% of the vote) then a 2nd round will be held between the two best preforming candidates won by simple majority. One person can serve a max of two terms as President (10 years, either consecutive or separate) but then must step aside.

Candidates for President must be citizens of CAR, be at least 35-years or older, have a property built on the national territory, to have resided in national territory for at least 1-year prior to the election, must not have been sentenced to an afflictive or defamatory penalty, must enjoy all civil rights, enjoy good mental and physical health and be of good morals.

Parliamentary elections for the National Assembly are meant to be held every 5-years and members are elected from single-seat constituencies using a two-round run-off system, candidates require an absolute majority of votes in the first round, otherwise a second round is held between the top two candidates won by simple majority.

The Prime Minister is appointed by the President after National Assembly elections, often the leader of the largest party or whoever is deemed to hold the confidence of the chamber otherwise.

The constitution states that the Senate will be elected indirectly by the people but how this process exactly works and the term length of members isn’t yet known.

To vote in the Central African Republic one must be a citizen of the country and be at least 18-years or older. Voting is not mandatory.

Source

My source is from the Central African Republic’s 2016 constitution compiled by the constituteproject.org in pdf format, note that certain parts of the constitution appear to still need to be implemented such as the Senate and its functions including President of the Senate, meaning some other processes may currently be being performed in a different manner not stated. Also note that the country is unstable so certain things may not be properly followed through or done in a different way or incompletely. Cross-checking is essential if this is being used in a serious capacity, plus there is also chance that I made errors in misinterpreting some parts and of course the constitution can be changed.

Some information was collected from entries for the Central African Republic to do with parliament make-up, elections and the population from the CIA World Factbook and IPU Parline website.

The country’s constitution can be amended by suggestion of the President or by at least two-thirds of the members of each chamber. The adoption of the amendment must be by three-fourths of both the chambers of parliament’s members or put forth to National Referendum and adopted in that way.


Next up will be Chad!

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