PREAMBLE: THE PEOPLE OF CENTRAL AFRICAN
Proud of its national unity, linguistic and its ethnic, cultural and religious
that contribute to the enrichment of his personality.
Convinced of the urgent need to preserve national unity and peace, pledges of economic and social progress.
Aware that only hard work and rigorous and transparent management of public affairs and the environment peuvent assurer un développement harmonieux, rationnel et durable.
Résolu à construire un État de droit fondé sur une démocratie pluraliste, garantissant la sécurité des personnes et des biens, la protection des plus faibles, notamment les personnes vulnérables, les minorités et le plein exercice des libertés et droits fondamentaux.
Animé par le souci d'assurer à l'Homme. sa dignité dans le respect du principe de «
ZO KWE ZO » énoncé par le Père fondateur de la République Centrafricaine,
Barthélemy BOGANDA.
Conscient que la tolérance et le dialogue constituent le socle de la paix et de l'unité National.
Convinced that universal suffrage is the only source of legitimacy of political power
.
Opposing firmly to the conquest of power by force and all forms of dictatorship and oppression, and any act of division and maintenance of hatred.
Convinced that it is essential that human rights are protected by the rule of law
.
Convinced of the need to integrate political, economic and social plan African subregional and regional levels.
Desiring to build bonds of friendship with all nations based on principles of equality
, solidarity, mutual interests and mutual respect for national sovereignty and territorial integrity.
Reiterating its commitment to cooperate in peace and friendship with all States, to work for the African Union in accordance with the Constitution adopted July 12, 2000, to promote the peaceful settlement of disputes between States in the Respect for Justice, Equality, Freedom and Sovereignty of Peoples.
reaffirms its adherence to the Charter of the United Nations, the Universal Declaration
of Human Rights of 10 December 1948, the International Covenants
of 16 December 1966 relating to economic, social and cultural
one hand and civil and political rights on the other.
Reaffirms its commitment to the African Charter on Human and Peoples' Rights
27 June 1981.
Reaffirms its commitment to all international conventions duly ratified
condition relating to the prohibition of all forms of Discrimination against Women as well as on the protection of child rights.
PART I: FUNDAMENTAL BASES OF THE COMPANY
Art. 1: The human person is sacred and inviolable. All officers
public authority, any organization, have an obligation to respect and protect
.
The Republic recognizes the existence of Human Rights as the basis for any
human community, peace and justice in the world.
Art. 2: The Republic proclaimed the observance and safeguarding intangible
development of personality.
Everyone has the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order.
Art. 3: Everyone has the right to life and bodily integrity. It can be violations of those rights pursuant to a law.
No one shall be subjected either to torture or rape, or abuse or cruel, inhuman, degrading or humiliating. Any individual or public official, any organization that is guilty of such acts shall be punished according to law.
No one shall be arbitrarily arrested or detained. Every defendant is presumed innocent until
proved guilty following a procedure offering him guarantees indispensable
to his defense. The legal period of detention must be respected.
No person shall be damned if it was not until an Act comes into force before the act
.
rights of defense are practiced freely before all courts and authorities of the Republic
.
Any person subject to a deprivation of liberty has the right to be examined and treated by a doctor of his choice.
Art. 4: The personal freedom is inviolable.
Freedom of movement, residence and establishment throughout the
Territory are guaranteed to all under conditions laid down by law.
Art. 5: All humans are equal before the law regardless of sex,
ethnicity, region, sex, religion, political affiliation and social position
.
The law guarantees men and women equal rights in all areas. There is no subject in the Central African Republic, privilege or place of birth, person or family.
Nobody can be forced into exile.
No one shall be subjected to arrest or deportation if only by virtue of a law.
Art. 6: Marriage and the family constitute the natural and moral basis of human community
. They are placed under the protection state.
The State and other public bodies are collectively committed to ensuring the health and welfare of the family and encourage socially by appropriate institutions.
The protection of women and children against violence and insecurity, exploitation and neglect, mind and body is an obligation for the state and other public bodies. This protection is ensured by appropriate measures and institutions of the state and other public authorities.
Parents have the natural right and the primary duty to raise and educate their children to
develop in them a good physical, intellectual and moral
. They are supported in this task by the state and other communities
public.
Children born out of wedlock have the same rights to public assistance that
legitimate children.
Illegitimate children, legally recognized, have the same rights as legitimate children
.
The state and other public authorities have a duty to create conditions precedent
and public institutions which guarantee the education of children.
Art. 7: Everyone has the right to access sources of knowledge. The state garantit à l'enfant et à l'adulte l'accès à l'instruction, à la culture et à la formation professionnelle.
Il doit être pourvu à l'éducation et à l'instruction de la jeunesse par des établissements publics ou privés.
Les établissements privés peuvent être ouverts avec l'autorisation de l'État, dans les conditions fixées par la loi. Ils sont placés sous le contrôle de l'État.
Les parents ont l'obligation de pourvoir à l'éducation et à l‘instruction de leurs enfants jusqu'à l'age de seize (16) ans au moins.
L'État et les autres collectivités publiques ont the obligation to create and ensure the smooth functioning of public institutions for education and training of youth.
Education is free in public schools for all levels of education
.
Art. 8: Freedom of conscience, of assembly, free exercise of religion guaranteed to all under conditions laid down by law.
Any form of religious fundamentalism and intolerance is prohibited.
Art. 9: The Republic guarantees every citizen the right to work, a healthy environment, rest and recreation in accordance with the requirements of national development.
She provides favorable conditions for its growth through a policy
efficient employment.
All citizens are equal before use. No one may be prejudiced in his work or employment because of his origins, sex, opinions or beliefs of its
.
Every worker participates, through its representatives, in determining working conditions.
Laws lay down the conditions for assistance and protection afforded to workers, especially the young, the elderly, disabled and those who have health problems due to weather de leur travail.
Art. 10 : Le droit syndical est garanti et s'exerce librement dans le cadre des lois qui le régissent.
Tout travailleur peut adhérer au syndicat de son choix et défendre ses droits et intérêts par l'action syndicale.
Le droit de grève est garanti et s'exerce dans le cadre des lois qui le régissent et ne peut, en aucun cas, porter atteinte ni à la liberté de travail, ni au libre exercice du droit de propriété.
Art. 11 : La liberté d'entreprise est garantie dans le cadre des lois et règlements en vigueur.
Art. 12 : Tous les citoyens ont le droit de constituer librement des associations,
groupements, sociétés et établissements d'utilité publique, sous réserve de se
conformer aux lois et règlements.
Les associations, groupements, sociétés et établissements dont les activités sont
contraires à l'ordre public ainsi qu'à l'unité et à la cohésion du peuple centrafricain sont prohibés.
Art. 13 : La liberté d'informer, d'exprimer et de diffuser ses opinions par la parole, b plume et l'image, sous réserve du respect des droits d'autrui, est garantie
Le secret de la correspondance ainsi que celui des communications postales,
électroniques, télégraphiques et téléphoniques sont inviolable.
It can be ordered restriction to the provisions above except under a law.
Freedom of the press is recognized and guaranteed. It is exercised in! Onditions
set by law.
The exercise of this freedom and equal access for all to state media are provided by an independent body with powers of regulation and decision whose status is fixed by law.
Freedom of intellectual, artistic and cultural life is recognized and guaranteed.
It is exercised under conditions laid down by law.
Art. 14: An individual or moral right to property. No one shall be deprived of his property
, except for reasons of public utility legally established and under the condition of a just and prior compensation.
The home is inviolable. There can not be encroached upon by the judge and, if there is danger in delay, by other authorities designated by law, required to run in the manner prescribed by it;
measures on infringing the inviolability of the home or restrict will be taken to avert a public danger or to protect persons at risk. These measures can be taken
under the law to protect public order against the imminent threats
including the fight against the risks of epidemic, fire or
to protect people in danger.
Property and assets of people and the heritage of the Nation
are inviolable. The state and local governments and all citizens must protect them.
Art. 15: All citizens are equal before the public charges including
in taxes than the law can only, as provided by this Constitution
, create and distribute. They support, in solidarity, the loads resulting natural disasters to disease endemic, epidemic or incurable.
Art. 16: The defense of the homeland is a duty for every citizen.
Military service is compulsory. It is exercised under conditions laid down by law.
Art. 17: An individual victim of violation of Articles 1 and 15 of this title is entitled to compensation.
Anyone living in the territory has the duty to respect in all circumstances, the Constitution, laws and regulations of the Republic.
PART II: THE STATE AND SOVEREIGNTY
Art. 18: The form of government is a Republic.
The Central African State has a name: REPUBLICAN CENTRAL.
Central African Republic is a State of law, sovereign, indivisible, secular and democratic
.
Its capital is Bangui. It can not be transferred by virtue of a law when
the best interests of the nation requires.
Its official languages are French and Sango.
Its emblem is the flag to four (4) horizontal bands of equal width,
colors blue, white, green and yellow, barred perpendicularly in the middle,
by a band of equal width and red struck in the upper left
by one star (5) branches yellow.
His motto is: UNIT - DIGNITY - WORK.
Its anthem is the RENAISSANCE.
Her National Day is 1 December, the date of the proclamation of the Republic
.
Its currency is defined by law.
State Seals and Arms of the Republic are defined by law.
Art. 19: The principle of the Republic is "THE GOVERNMENT OF THE PEOPLE BY THE PEOPLE AND
FOR THE PEOPLE"
National sovereignty belongs to the people who exercise it through referendums
or his representatives.
No section of the people nor any individual may assume the exercise or alienate it.
Usurpation of sovereignty by coup or by any other means constitutes a crime against the
Central People Anyone or any third State who performs such acts has declared war on the Central African People.
All Central Africans of two (2) gender, aged ten (18) years of age,
enjoying their civil rights, are electors in the manner provided by law.
Every citizen has the duty to vote.
Suffrage may be direct or indirect as provided by the Constitution.
It is always universal, equal and secret.
Art. 20: The political parties and groups contribute to the exercise of suffrage, the animation of the political, economic and social.
They form and operate freely, they are obliged to respect the principle of
democracy, unity and national sovereignty,
of Human rights, secularism and republican form of State, in accordance with laws and regulations
They are prohibited from identifying with a particular race, ethnicity, sex, religion, sect, a language, region or an armed group.
A law determines the conditions of their formation, operation,
their funding and their dissolution.
PART III: THE EXECUTIVE
Art. 21: The executive is composed of the President of the Republic and the Government. The Central People
elect by universal suffrage, the PRESIDENT OF THE REPUBLIC
.
The President of the Republic is the Chief Executive
Prime Minister is the Head of Government.
CHAPTER 1: THE PRESIDENT THE REPUBLIC
Art. 22: The President of the Republic is the Head of State.
It embodies and symbolizes national unity and ensure the respect of the Constitution ensures, through his arbitration, the proper functioning of public authorities and the continuity and sustainability of the state.
He is the guarantor of national independence, territorial integrity, respect for agreements and treaties.
It sets the broad policy guidelines of the Nation.
He appoints the Prime Minister, Head of Government and puts an end to his functions.
on proposal of the Prime Minister, appoints the other members of Gouvernement et met
fin à leurs fonctions.
Il est le Chef de l'Exécutif. A ce titre, il réunit et présidé le Conseil des Ministres. Il en fixe au préalable l'ordre du jour et en fait enregistrer les décisions. Il veille à l'exécution des lois.
Il promulgue les lois, signe les ordonnances et les décrets.
Il est le Chef suprême des Armées.
Il est responsable de la défense nationale.
Il préside les Conseil et Comité Supérieurs de la Défense. Nationale.
Il préside le Conseil Supérieur de la Magistrature, la Commission Consultative du
Conseil d'État et la Conférence Presidents and the General Prosecutor of the Court of Accounts
, he oversees the implementation of court decisions.
He has the right of pardon.
It has all the administrations and appointments to civil and military.
He negotiates and ratifies treaties and international agreements.
He accredits ambassadors and envoys from foreign heads of state.
the foreign ambassadors and envoys are accredited to him.
He confers honorary distinctions of the Republic.
Art. 23: The office of President of the Republic is incompatible avec l'exercice de toute autre fonction politique, de tout autre mandat é1ectif, de toute activité lucrative, sous peine de destitution.
Art. 24 : Le Président de la République est élu au suffrage universel direct et au scrutin secret, majoritaire à deux (2) tours.
La durée du mandat du Président de la République est de cinq (5) ans. Le mandat est
renouvelable une seule fois.
Ne peuvent être candidats à réfection présidentielle que les hommes et les femmes,
centrafricains d'origine, âgés de 35 ans au moins, ayant une propriété bâtie sur le
territoire national et n'ayant pas fait l'objet de condamnation to an afflictive or infamous.
They should enjoy their civil rights, be of good character and capable of clearly and effectively the duties of their office.
The election of new President takes place forty-five (45) days and ninety (90) days before the term of office of President.
Art. 25: The presidential election results are proclaimed by the Constitutional Court
fifteen (15) days after the latest balloting.
The inauguration of the Constitutional Court, the President-elect takes place within forty-five (45) days or plus tard après que la Cour ait vidé le contentieux électoral.
En cas de décès ou d'invalidité dans ce délai, il est fait application des dispositions de l'article 34 ci-dessous.
Lors de son entrée en fonction, debout, découvert la main gauche posée sur la
Constitution et la main droite levée, le Président de la République prête le serment ci après devant la Cour Constitutionnelle siégeant en audience solennelle :
« JE JURE DEVANT DIEU ET DEVANT LA NATION D'OBSERVER SCRUPULEUSEMENT LA CONSTITUTION, DE GARANTIR L'INDÉPENDANCE ET LA PÉRENNITÉ DE LA RÉPUBLIQUE, DE SAUVEGARDER L'INTÉGRITÉ DU TERRITOIRE, PRESERVE THE PEACE, STRENGTHENING NATIONAL UNITY, TO ENSURE THE WELFARE OF THE CENTRAL AFRICAN PEOPLE, TO FILL
conscientiously my duties without any consideration of ethnic, regional. Or religious, never exercise the powers conferred on me by the Constitution for personal, of being GUIDE IN ANY
BY THE NATIONAL INTEREST AND THE DIGNITY OF PEOPLE OF CENTRAL AFRICAN "
Art. 26: Within thirty (30) days after the swearing in, President-elect of the Republic made a written declaration of assets lodged at the Constitutional Court makes public within eight (8) days
Art. 27: The President of the Republic to initiate legislation. He promulgated within fifteen (15) days after the final adoption of the text by the National Assembly.
This period is reduced to five days in cases declared by the National Assembly.
It may, however, before the expiry of that period, request the National Assembly
a new deliberation of the law or certain of its provisions. This request must be substantiated and the new application may be denied. It necessarily involved during the session. The adoption in the state, the text submitted this new deliberation can take place only when a qualified majority of two thirds (2 / 3) of the members of the National Assembly.
The President of the Republic promulgates the law in the months following the close of the session.
Art. 28: When circumstances require, the President of the Republic may submit to a referendum
, after consulting the Council of Ministers, the Office
the National Assembly and the President of the Constitutional Court, any bill or before its enactment, a law already passed by the National Assembly.
Text adopted by the people after the referendum is passed within
fifteen (15) days.
Art. 29: Exceptionally, for a limited time and for the execution of a given program
, President 1y Republic may request the National Assembly
permission to take, orders, actions that are normally
the field of law. The ordinances are adopted by the Council of Ministers
opinion from the Constitutional Court. They shall come into force upon publication but
lapse if they have not ratified the deadline established in the Enabling Act
At the end of this period, orders, when they were ratified, can not be changed by law in matters which are the legislative domain.
Art. 30: Where the institutions of the Republic, the independence of the Nation,
territorial integrity, implementation of international commitments or
normal functioning of government is threatened by serious and immediate
, the President of the Republic, after consulting the Council of Ministers, the
President of the National Assembly and the President of the Constitutional Court,
take the measures required by the circumstances to restore public order,
territorial integrity and functioning of public authorities.
The Nation was informed by a message from President of the Republic's decision to implement
or stop the application of this section.
While he has special powers, the President of the Republic does
may revise or suspend all or part of the Constitution or dissolve the National Assembly
. During the exercise of emergency powers, the Assembly. National
will meet as of right. Before it for ratification, within fifteen (15) calendar days of their promulgation of legislative measures taken by the President of the Republic. These measures will lapse if the draft legislation for ratification is not submitted to the office of the National Assembly within the said period.
The National Assembly may adopt, amend or reject the vote of the ratification law
.
The application of emergency powers by the President of the Republic shall in no case
, or compromise national sovereignty or territorial integrity
Art. 31: The President of the Republic may, when circumstances require, after consulting the Council of Ministers, the Office of the National Assembly and the President of the Constitutional Court, declare a state of siege or alert for a period of fifteen (15) days. This period may be extended by the National Assembly, meeting in special session with or without a quorum.
Art. 32: The President of the Republic shall communicate with the National Assembly
either directly or by post that he has read. These papers do not give rise to any debate or vote
.
not in session, the National Assembly is convened for this purpose.
Art. 33: President the Republic may, after consultation with the Council of Ministers
, the Office of the National Assembly and the President of the Constitutional Court
, dissolve the National Assembly.
legislative elections were then held forty-five (45) days and ninety (90) days after the dissolution.
The National Assembly meets in full the month following its election.
It can be carried further dissolution donations twelve (12 months) after the elections.
Art. 34: The vacancy of the Presidency of the Republic was opened by the death, la démission, la destitution, la condamnation du Président ou par son empêchement définitif d'exercer ses fonctions conformément aux devoirs de sa charge.
Tout cas d'empêchement définitif ou de maladie, qui place le Président de la
République dans l'impossibilité absolue d'exercer ses fonctions, doit être constaté par un Comité spécial présidé par le Président de la Cour Constitutionnelle et comprenant le Président de l'Assemblée Nationale et le Premier Ministre, Chef du Gouvernement.
Le Comité spéciale, saisi par le Gouvernement , statue à la majorité absolue de ses
membres, par décision prise, après separate opinions of three doctors, motivated,
designated by the National Council of the College of Physicians, dentists, pharmacists and
, and which must include the personal physician of President of the Republic
.
In case of death, a finding must be prepared by the Special Committee referred to in paragraph 2 of this article upon decision after notice and motivated by three separate doctors, appointed by the National Council of the College of Physicians, dentists and pharmacists, and which must include the personal physician of President of the Republic
In If convicted, the decision that pronounces is transmitted by the President of
the court concerned to the President of the Constitutional Court, which informs the
President of the National Assembly by the Nation by letter and message.
In case of resignation, the President of the Republic shall notify it in a letter to
President of the Constitutional Court and inform the Nation by message.
ballot for the election of new President must take forty-five (45) days and ninety (90) days after the opening or finding a vacancy. Personality. perform the duties of President of the Republic temporarily can not be a candidate in this election.
In case of resignation, impeachment, permanent incapacity or death,
The President of the Republic shall deputize for the President of the National Assembly.
Assuming it would itself be in one of the above cases the
can assume one of the Vice-Presidents of National Assembly in
precedence.
The alternate is required to organize, within forty-five (45) days at least and four (90) days or more, the election of new President of the Republic.
During the term of the substitution, the provisions of Articles 22 to 33 above shall not apply.
Art. 35: In case of absence or temporary incapacity of the President of the Republic
, Prime Minister, Head of Government ensures its replacement.
In case of absence or temporary President of the Republic and the Prime Minister
, Head of Government, the President of Republic shall by decree or
functions of Ministers responsible for ensuring his or her appointment under a
delegation.
Art. 36: With the exception of those falling within the reserved areas
head of state under sections 22, 27, 29. 30, 31, 32, 69, 72 and 74, the acts of the President of the Republic shall be countersigned by the Prime Minister and, where appropriate, by
ministers responsible for implementing them.
The absence of countersignature may invalidate those acts.
Art. 37: A law shall determine the benefits accorded to the President of the Republic and
organizes the procedure for granting a pension to former Presidents of the Republic
enjoying their civil rights.
CHAPTER 2: THE GOVERNMENT
Art. 38: The Government comprises the Prime Minister, Head of Government
and Ministers.
Art. 39: Prime Minister, Head of Government, determines and conducts the policy of the Nation, whose main lines are 'fixed by the President of the Republic, Head of State, pursuant to 22 above.
Prime Minister, Head of Government Administration and has appointed some to civilian jobs
determined by law.
It ensures the implementation of laws.
On authorization of the President of the Republic, Head of State, he chairs the boards of the cabinet and interdepartmental committees.
regulatory acts of the Prime Minister, Head of Government, are
countersigned by the Ministers responsible for an execution.
The absence of countersignature may invalidate those acts.
Art. 40: Prime Minister, Head of Government, is responsible to the President of Republic and
before the National Assembly.
may be terminated at any time to the duties of Prime Minister by the President of the Republic or the result of a motion of censure passed by an absolute majority of members constituting the National Assembly.
Art. 41: After the appointment of members of Government, Prime Minister
Head of Government, This donation is a maximum of sixty. (60) days before the National Assembly
and outlines his policy agenda. In case of breach of
within sixty (60) days, is made under section 40 above.
This program defines the main lines of action that the Government is proposing to conduct
in the various sectors of national activity and in particular
the field of economic policy, scientific, technical, technological, social, environmental, the cultural and foreign policy.
On this occasion, Prime Minister, Head of Government must seek a vote of confidence
the National Assembly.
confidence is granted or denied to the majority of members
compose the National Assembly.
Prime Minister, Head of Government may, after deliberation by the Council of Ministers
, liability of the Government before the National Assembly's vote on
text. In this case, the bill is considered passed unless
censure motion, filed within twenty-four (24) hours, is passed
under the conditions laid down in Article 48 below.
Art. 42: The Prime Minister, Head of Government peut déléguer certains de ses
pouvoirs aux ministres.
L'intérim du Premier Ministre, Chef du Gouvernement, est assuré, par un membre du
Gouvernement désigné par décret du Président de la République.
Art. 43 : Les fonctions de membre du Gouvernement sont incompatibles avec celles
de membre de l'Assemblée Nationale, de membre du Conseil Économique et Social,
de toute fonction de représentation professionnelle, de tout emploi salarié et de toute activité lucrative.
Une loi fixe les conditions dans lesquelles il est pourvu ou des titulaires de tels
mandats, fonctions ou emplois.
Art. 44 : Dons les (60) days after the formation of the Government, the Prime Minister and Cabinet members. do, each in his case, a written declaration of assets, lodged at the Constitutional Court
which makes public within eight (8) days.
Art. 45: In matters relating to their departments, ministers agreed
by the National Assembly on oral or written questions asked by members.
Art. 46: The Government shall, in the Council of Ministers, draft laws before they are tabled in the National Assembly. It is consulted on proposed laws.
It is also notified prior to any decision:
- questions concerning the general policy of the Nation;
- the project plan;
- the draft revision of the Constitution;
- Appointments certain civil and military.
Art. 47: The National Assembly may, by voting a motion of censure,
to question the responsibility of Government.
The motion of censure is issued, signed by the President of the National Assembly who
promptly notify the Government.
It must carry the title "motion of censure ' and must be signed by
third (1 / 3) of the members of the National Assembly.
The vote on the censure motion occurs within forty-eight (48) hours after filing
.
Voting shall be by secret ballot and absolute majority of the members who compose the National Assembly
.
Art. 48: When the National Assembly passes a motion of confidence or
disapproves the program or a policy statement by the Government, the Prime Minister must promptly give to the President of the Republic the resignation of his Government
TITRE IV : DU POUVOIR LÉGISLATIF
Art. 49 : Le peuple centrafricain élit, au suffrage universel direct, des citoyens qui constituent le PARLEMENT et qui portent le titre de DÉPUTÉ.
Le Parlement de la République Centrafricaine est constitué en une Assemblée unique
qui porte le nom d'ASSEMBLEE NATIONALE
Chaque député est l'élu de la Nation.
CHAPITRE 1 : DES DÉPUTÉS
Art. 50 :Les députés sont élus au suffrage universel direct pour une durée de cinq (5) ans.
Le mandat du député ne peut être écourté que par dissolution de l'Assemblée
Nationale ou par resignation, termination or forfeiture of said member
Within sixty (60) days after the installation of the National Assembly, the Deputies are
, each in his case, a written declaration of assets, filed
Registry of the Constitutional Court makes it public within eight (8)
clear days.
A law determines the number, the rules of eligibility, ineligibility, incompatibilities
, compensation of deputies and the rules for ruling on election disputes to the National Assembly. It sets conditions their replacement in case of vacancy of office.
Art. 51: The National Assembly elects its President for the duration of the Parliament within eight (8) days of its installation.
The other officers are elected annually.
President of the National Assembly may be subject to impeachment
for breach of his duties on a reasoned application of the third (third) of
members.
Impeachment is imposed only if the vote secures two-thirds (2 / 3) of
members constituting the National Assembly.
The National Assembly shall then the election of a new one. President
in three (3) days after such removal
Voting shall be by secret ballot.
Art. 52: Members of the National Assembly shall enjoy parliamentary immunity.
Accordingly, no member shall be prosecuted, investigated or arrested, detained or tried for
opinions expressed or votes cast in the exercise of its functions.
During the sessions, no member shall be prosecuted or arrested
misdemeanor, with the permission of the National Assembly granted
vote by secret ballot by an absolute majority of its members.
not in session, no member shall be prosecuted or arrested without the authorization of the office of the National Assembly. This authorization may be suspended if
the National Assembly decides by absolute majority.
MP caught or hit and run after the commission of criminal acts or criminal
can be pursued and arrested without the authorization of the National Assembly or its Bureau.
The prosecution of a deputy is suspended until the end of his term, except If
lifting of parliamentary immunity. if required by the National Assembly by voting
absolute majority of its members.
member who is the subject of a conviction has been expunged from the list of members of the National Assembly in 1ES conditions established by organic law.
Art. 53: The voting members is personal. Any imperative mandate is null.
The rules of the National Assembly may, exceptionally, authorize the delegation to vote in specific cases. No person may receive more than one term. .
CHAPTER 2: SESSIONS AND MEETINGS
Art. 54 The National Assembly meets, as of right, in two regular sessions each year of ninety (90) days each.
The first session begins on March 1, the second session on October 1
Art. 55: On the initiative of the President of the Republic or the absolute demand of its
member National Assembly meets in special session on Agenda
specified day.
Extraordinary sessions of the National Assembly shall be opened and closed by decree of
President of the Republic.
an extraordinary session is held at the request of members of the National Assembly, the decree closing comes after the National Assembly has exhausted the agenda for which it was convened and no later than fifteen (15) days after
date meeting.
Art. 56: The agenda of regular meetings of the National Assembly is determined by the Conference of Presidents
.
A member of the Government is responsible for each bill to expose
reasons and to support discussion before the National Assembly.
Cabinet members have access to the National Assembly and its committees; they are heard when they so request: they can be assisted by staff designated by them.
Art. 57: Meetings of the National Assembly are public. The minutes of the debates
must be published in the Official Journal of the debates.
However, the National Assembly may sit in camera at the request of either his
President or the absolute majority of its members or of the President of the Republic
.
CHAPTER 3: POWERS OF THE NATIONAL ASSEMBLY
Art. 58: The National Assembly enacts laws, raise taxes and control
Government action under the conditions established by this Constitution.
The National Assembly makes the accounts of the Nation, It is, therefor, assisted by the Court of Auditors.
The National Assembly may instruct the Court of Accounts of any investigation and study
related to the implementation of revenue and expenditure or the management of the national treasury
and public funds.
Art. 59: The National Assembly has the exclusive right to authorize a declaration of war.
It meets for this purpose. The President of the Republic informs
the Meaning in a message.
Art. 60: The National Assembly shall decide on the bills filed on
his office by the President of the Republic and the Government on proposals
or laws made by members of the Assembly; National
Art. 61: Are the field of law:
1 The rules
following matters - civil rights and fundamental guarantees granted to citizens for
the exercise of civil liberties;
- respect the quota given to women bodies in making decisions
- the constraints imposed on Central African and foreign residents in their persons and their property for public interest and for national defense;
- nationality. the status and capacity of persons, matrimonial regimes, inheritance and gifts
;
- the status of foreigners and immigration;
- the organization of civil status;
- determination crimes and misdemeanors and the punishments that are applicable, the
criminal procedure, civil procedure, commercial law, employment law, amnesty, the creation of new types of courts, the status of judges and the profession d'avocat;
- l'organisation des offices publics et ministériels, les professions d'officiers publics et ministériels et les professions libérales
- les garanties fondamentales accordées aux fonctionnaires civils et militaires ;
-l'organisation générale administrative et financière
-le régime des partis politiques et des associations;
- le code électorat;
- la privatisation d'entreprises du secteur public et la nationalisation d'entreprises
- la création ou la suppression des établissements publics
- la création et l'organisation d'organes de contrôle, de consultation, de régulation et de médiation
- les règles d'édition et de publication;
- le plan de développement de la République;
- le plan d'aménagement et d'implantation progressive et généralisé du songo;
- la protection de l'environnement, les régimes domanial, foncier, forestier, et minier;
- les lois de finances;
- la loi de règlement;
- l'assiette, le taux et les modalités de recouvrement des impôt les impositions de toute nature;
- le régime d de la monnaie;
- l'état de mise en garde, l'état d'urgence, l'état d'alerte and the siege
- public holidays and holidays
2 The basic principles
- from property ownership, rights and obligations of civil and commercial
- education, culture of the scientific, technical, technological
and vocational training.
- the right of assembly and peaceful demonstration
- the right to petition
- Hygiene and Public Health;
- the mutuality, the cooperative savings and credit;
- decentralization and regionalization;
- de l'administration des collectivités territoriales:
- de l'organisation général de la défense nationale;
- du régime pénitentiaire
- du droit du travail, du droit syndical et de la sécurité sociale.
Art. 62 : Les lois de finances déterminent la nature, le montant et l'affectation des
ressources et des charges de l'État pour un exercice déterminé compte tenu d'un
équilibre économique et financier qu'elles définissent.
Les lois de finances sont obligatoirement votées avant la fin de l'exercice en cours. Si la loi de finances fixant les ressources et les charges d'un exercice was not adopted in time by the Government, it urgently calls upon the National Assembly
the adoption of a law from provisional twelfths of the Finance Act
last year.
Presented by the Government at the opening of the second regular session and later
October 15, the budget is adopted by a law known as finance, before
beginning of year again. This law can not understand that
financial arrangements.
Any proposed amendments to the draft budget law must be as motivated and accompanied
developments means justifying it.
are inadmissible amendments tabled by MPs when they have the effect
cause a decrease in resources is not offset by savings or increased expenses
of State who would not be covered by an equivalent increase
resources.
President of the National Assembly, after consultation with the Bureau of the Assembly,
finds that inadmissibility.
If the Government requests, the National Assembly shall decide on all or part of the bill
finance by retaining only the amendments accepted by the Government
.
The Government is required to file on the desktop of the National Assembly during the first
current regular session, the bill settlement
previous year.
Art. 63: matters other than those in the field of law fall within the regulatory domain
.
Art. 64: The National Assembly adopts its rules of procedure. It can not enter
into force only after being recognized as conforming to C by the Constitutional Court.
CHAPTER 4: THE EXERCISE OF LEGISLATIVE POWER
Art. 65: Legislative initiative belongs jointly to the President of the Republic, the Government and the Deputies.
proposed laws are submitted to the Bureau of the National Assembly for review and
transmitted to the Government.
The Government shall give its opinion forty five (45) days before the date
reception. After this. Period, the National Assembly examines the
bill.
Art. 66: One meeting per week is reserved in priority to members' questions and answers
Government. Ministers are obliged to respond by next week
.
Art. 67: If it appears during the procedure legislative one. proposal or an amendment is not a matter of law or is contrary to a delegation of powers granted to the Government
, the President of the Republic, the President of the National Assembly or
third (1 / 3) Members may raise estoppel.
In case of disagreement, the Constitutional Court, the President of the Republic
, the President of the National Assembly or one third (1 / 3) members,
act within fifteen (15) days
Art. 68: Besides the censure motion, the other means of control of the National Assembly
the government are:
- oral questions without debate or
- Written Question
- hearings in committees
- the committee of investigation and control;
- On inquiry
The law determines the conditions of organization and operation of
commissions of inquiry and the powers of commissions of inquiry and control.
TITLE V: INTERNATIONAL AGREEMENTS AND TREATIES
Art. 69: The President of the Republic negotiates, signs, ratifies or denounces international treaties and agreements.
ratification or denunciation may intervene
after authorization of Parliament, particularly as regards the peace treaties, treaties defense
commercial treaties, treaties relating to environment and natural resources
or agreements relating to the international organization. Those who commit the finances of the State, to amend the provisions of a legislative nature, those relating to personal status and rights, those that involve the cession, exchange or addition of territory.
No cession, no exchange, no addition of territory shall be valid without the consent of
Central People have to decide by referendum.
The President of the Republic shall be informed of any negotiations for the conclusion
an international agreement not subject to ratification.
Art. 70: The Republic may, after referendum, conclude with: any African state association agreements or mergers, including partial or total abandonment of sovereignty
to achieve African unity.
It can create with all states of intergovernmental management
Joint Coordination and free cooperation.
Art. 71: If the Constitutional Court, the President of the Republic, by the President of the National Assembly, or one third (1 / 3) of the deputies said that an international agreement contains a clause contrary to the Constitution,
authorization to ratify or approve the international commitment
in question can occur after the revision of the Constitution.
Art. 72: Treaties or agreements duly ratified or approved shall, upon publication
a higher authority than laws, subject to each agreement or treaty is applied by the other party.
TITLE VI: THE CONSTITUTIONAL COURT
Art. 73: It is established une Cour Constitutionnelle chargée de :
- veiller à la régularité des consultations électorales, examiner et en proclamer les
résultats;
- veiller à la régularité des opérations de référendum et en proclamer les résultats
- trancher tout contentieux électoral
- trancher les conflits de compétence entre le pouvoir exécutif, le pouvoir législatif et les collectivités territoriales.
Outre ces attributions et celles qui lui sont conférées aux Art 25, 28, 29,30, 31, 32, 33, 34, 65, 68 et 72, la Cour Constitutionnelle interprète la Constitution, juge de la constitutionnalité of common law and organic enacted or pending enactment, and the Laws of the National Assembly.
Any person aggrieved may appeal to the Constitutional Court on the constitutionality of laws
, either directly or through the procedure of exception of unconstitutionality
invoked before a court in a matter that concerns it. The Constitutional Court must rule within one month, in an emergency, this period is reduced to eight (8) days
When an exception of unconstitutionality is raised by an individual before a court, what it is, it is required to stay proceedings and refer the Constitutional Court must rule on the constitutionality of the issue in a period of one month short of the referral by the court concerned.
Art. 74: The Constitutional Court consists of nine (9) members including at least three
(3) women, who bear the title of Counsellor.
The term of office of Councillors shall be seven (7) year non-renewable.
Members of the Constitutional Court are appointed as follows:
- two (2) Judges including a woman elected by their peers;
- one (1) lawyer elected by his peers;
- two (2) Law Professors elected by their peers;
- two (2) members including one (1) woman appointed by the President of the Republic;
- two (2) Members with one (1) woman appointed by the President of the Assembly
National.
they elect from among themselves a Chairman and a Vice-President. The election is confirmed by Decree of the President of the Republic.
Councillors chosen must have at least ten (10) years of professional experience
.
The nine (9) members of the Constitutional Court is renewed in full.
However, in case of death, resignation or permanent incapacity of a member, it is
has been replaced by the designation procedure for this purpose.
The new member completes the tenure of his predecessor.
In addition to the members above provided, former presidents are
honorary members of the Constitutional Court in an advisory capacity.
In decision making, and in case of a tie, the President is
casting.
Members of the Constitutional Court are irremovable during their term of office
. They can not be prosecuted or arrested without the permission of the Constitutional Court
.
They swear before taking office.
Art. 75: The office of member of the Constitutional Court is incompatible with
any political, administrative, any salaried employment or gainful activity
, except for teaching.
Within sixty (60) days after their installation, members of the Constitutional Court
do, each in his case, a written statement
heritage, or trademark office of the Constitutional Court, which makes public
eight (8) days.
Art. 76: The projects or proposals Constitutional laws shall be referred for review to the Constitutional Court by the President of the Republic or the President of the National Assembly
before being submitted to referendum or the vote of the National Assembly
.
Art. 77: Decisions of the Constitutional Court are not subject to any appeal
. They apply to public authorities at all administrative and judicial authorities and any person or entity. All text
unconstitutional is null and void: there can be neither promulgated nor applied.
An organic law determines the rules organization and functioning of the Constitutional Court
.
TITLE VII: THE JUDICIARY
Art. 78: Justice is an independent authority from the legislative and executive power
Justice is rendered in the territory of Central African Republic on behalf of the Central People
by the Court of Cassation, the Council of the Court of Auditors,
Disputes Tribunal, the Courts and Tribunals.
Art. 79: Judges are independent. They are subject, in the exercise of their functions
, on the authority of the law. The magistrates are irremovable.
Art. 80: The President of the Republic is the guarantor of the independence of the Judicial Power
He is assisted in this by the Superior Council of Magistracy, the Advisory Commission of the State Council and the Conference of Presidents and
Attorney General of the Court of accounts, which he chairs.
The Superior Council of Magistracy, the Advisory Commission of the State Council
and the Conference of Presidents and the General Prosecutor of the Court of Auditors, ensure
on managing the careers of judges and the independence of
judiciary.
- The organization and functioning of the Superior Council of Magistracy, the Advisory Commission of the State Council and the Conference of Presidents and the General Prosecutor of the Court of Auditors shall be fixed by organic laws.
Art. 81: The Judiciary, guardian of liberty and property, shall
ensure compliance with the principles enshrined as fundamental bases of society in this Constitution.
CHAPTER 1: THE COURT OF APPEALS
Art. 82: There shall be a Supreme Court consisting of three (3) Bed:
- the Criminal Division;
- House Civil and Commercial;
- the Social Chamber.
Art. 83: Justices of the Supreme Court are governed by their status and the texts concerning the course of the Judiciary.
Art. 84: The decisions of the Supreme Court are subject to appeal
Art.85: The Supreme Court gives its opinion on any legal matter that
President of the Republic or the President of the National Assembly before it.
It may also, on his own initiative, to focus the attention of the President of the Republic
on reforms of laws or regulations which seem
accordance with the general interest.
Art. 86: An organic law determines rules of organization and functioning of the Court
Termination.
CHAPTER 2: THE COUNCIL OF STATE
Art. 87: It shall be a Council of State, appellate and cassation of
administrative tribunals, administrative bodies and judicial nature of the Court of Auditors.
Judges of the Administrative Order are governed by their regulations and legislation relating to the Advisory Commission of the State Council
The decisions of the Council of State are subject to appeal.
Art. 88: The Council gives its opinion on any administrative matter that the President of the Republic ou le Président de l'Assemblée Nationale lui soumet.
Il peut aussi, de sa propre initiative, faire porter l'attention du Président de la
République sur les réformes d'ordre législatif ou réglementaire qui intègrent sa
compétence.
Art. 89 : Une loi organique détermine les règles d'organisation et de fonctionnement
du Conseil d'État.
Une loi fixe le statut des juges du Conseil d'État.
CHAPITRE 3 : DE LA COUR DES COMPTES
Art. 90 : Il est institué une Cour des Comptes, juridiction compétente pour juger les
comptes des comptables publics, ceux des collectivités territoriales as well as public enterprises.
Judges of the Court of Accounts are governed by their regulations and texts relating to the Conference of Presidents and the General Prosecutor of the Court of Auditors.
Art. 91: The decisions of the Court of Accounts may be referred by way of cassation before the
State Council.
Art. 92: An organic law determines the organization and functioning of the Court of Accounts
.
A law determines the status of judges of the Court of Auditors
CHAPTER 4: THE COURT OF CONFLICT
Art. 93: There is hereby established a Court of Conflicts jurisdiction not permanent.
In case of conflict of jurisdiction between judicial courts and those of the administrative order, this conflict is resolved by the Tribunal of Conflicts.
The decisions of this court have the authority of res judicata.
An organic law determines the rules of organization and functioning of the Tribunal of Conflicts
.
TITLE VIII: THE HIGH COURT OF JUSTICE
Art. 94: It is not a permanent court set up called the High Court of Justice
.
It consists of six (6) judges and six (6) members elected by secret ballot by their peers
, President of the High Court of Justice is elected from magistrates, the Vice-President from among the members, under the same conditions as above
specified.
Art. 95: At the request of the Attorney General or the National Assembly, the
two-thirds majority (two thirds) of its members, the President of the Republic
refers to the High Court of Justice Ministers and Members
likely to be prosecuted for high treason.
The decision of indictment, duly substantiated, is taken by the President of the Republic
for transmission to the Attorney General at the High Court of Justice.
Art. 96: The President of the Republic is responsible for acts performed in
the exercise of its functions in case of high treason.
particular are regarded as high treason violation of oath
- political killings;
- profiteering;
- any action contrary to the best interests of the Nation
demand impeachment n is admissible only if it receives the signatures of fifty percent (50%) of the members that compose the National Assembly.
The President of the Republic may be impeached by the National Assembly acting
majority of two thirds (2 / 3) which is composed of Deputies and
Secret ballot.
The resolution of impeachment, properly motivated, is transmitted by the President of the National Assembly
the Attorney General at the High Court of Justice.
However, for common crimes committed before his election or
outside the exercise of its functions, the Head of State will be prosecuted before the courts, at the end its mandate.
Art. 97: In the decisions of the High Court of Justice and in case of a tie, the Chairman has the casting vote
Art. 98: The decisions of the High Court of Justice are of no use.
Art. 99: A law shall determine the rules of organization and functioning
the High Court of Justice.
TITLE IX: THE ECONOMIC AND SOCIAL COUNCIL.
Art. 100: There shall be an ECONOMIC AND SOCIAL COUNCIL.
Members of Economic and Social Council shall be entitled
Adviser or Adviser.
The Economic and Social Council must be consulted on any plan or any
bill agenda of economic, social, cultural and environmental
.
On its own initiative, the Economic and Social Council may make recommendations or
draw the attention of the President of the Republic and the Government on reforms
it deems appropriate on matters within its jurisdiction
.
Art. 101: The Economic and Social Council gives its opinion on all proposals and
all bills, orders and decrees as well as all measures
for economic, social, cultural and environmental development of the Republic
submitted to . It may be responsible for any study of economic, social, cultural and environmental
An organic law determines the organization, operation, mode of appointment
members of Economic and Social Council and their term of office.
TITLE X: OF LOCAL AUTHORITIES
Art. 102: The Local Authorities of the Central African Republic are
regions and municipalities, they can not be c changed by law.
Other categories of Local Authorities can be created by law.
Local authorities are freely administered by elected bodies.
An organic law determines the procedure for implementing this provision.
TITLE XI: THE HIGH COUNCIL OF THE COMMUNICATION
Art. 103: There is hereby established a High Council of Communication.
The High Council of Communication is responsible for exercising freedom of expression
and equal access for all media in compliance with state laws in force
.
The High Council of Communication is independent of any political power,
any political party, any association or lobby group
any nature whatsoever.
The High Council for Communication has regulatory powers and decision
An organic law determines the composition, ion e functioning of the High Council of Communication
.
TITLE XII: THE NATIONAL COUNCIL OF MEDIATION
Art. 104: There is hereby established a National Council of Mediation ion led a peaceful independent person, the Ombudsman of the Republic.
The National Mediation Board o main mission
improving relations between citizens, to protect and promote the rights of citizens
.
The National Mediation Board has broad powers to receive complaints from citizens
and propose reforms to setting establishment of a mechanism
effective prevention, and is resolving conflicts of all kinds
including political, economic, social, involving major military
Administration and citizens, guarantee of grassroots democracy, and
Access to lower right.
Art. 105: An organic law determines the organization, composition and functioning of the National Council
Mediation.
TITLE XIII OF THE REVISED
Art. 106: The revision of the Constitution belongs jointly or President of the Republic and the National Assembly by a majority
two-thirds of its members.
Art. 107: The review takes place when the project presented in the state was passed by the National Assembly
majority of three quarters (3 / 4) of the members who compose or o
adopted by referendum.
No procedure of revision can be initiated or continued if
vacancy of the Presidency of the Republic or when undermined the integrity of
territory.
Art. 108: Specifically excluded from the review:
- the republican form of government and states;
- I your number and length of presidential terms;
- the conditions of eligibility;
- incompatibility functions of Head of State;
- the fundamental rights of citizens.
PART XIV: TRANSITIONAL PROVISIONS AND FINAL
Art. 109: The institutions created by the Constitutional Act No. t and 2 of 15 March 2003 and No. 3 of December 12, 2003 remain in place until the inauguration of President of the Republic, like the National Assembly from this Constitution
Art. 110: The National Transition Council remains in place until the installation of the new Assembly National. The Constitutional Court
Transition remains in place until the installation of new Constitutional Court.
Art. 111: The institutions provided for in this Constitution shall be implemented within twelve (12) months following the entry into force of this
Art. 112: The Constitutional Law which repeals all earlier contrary provisions come into force after its adoption by the people through referendum and its promulgation by the President of the Republic.
It will be published in the Official Gazette and implemented as CONSTITUTION OF THE CENTRAL AFRICAN REPUBLIC
Done at Bangui October 21, 2004 MAJOR GENERAL
Francois Bozize
::: Delegation for Human Rights and Democracy:::
http://democratie.francophonie.org/:::
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