Transitional National Charter (Interim Constitution)

Country/entity
Central African Republic
Region
Africa (excl MENA)
Agreement name
Transitional National Charter (Interim Constitution)
Date
18/07/2013
Agreement status
Multiparty signed/agreed
Agreement/conflict level
Intrastate/intrastate conflict (Central African Republic Conflicts (1996 - )
The Central African Republic conflict is one of a set of regionally connected conflicts addressed by the Great Lakes process. Since the mid-1990s several waves of internal conflict took place in the Central African Republic, primarily along tribal, and later-on increasingly sectarian, lines. In 1996 and 1997, French troops and soldiers from neighbouring countries intervened to end a mutiny in the capital, Bangui, by factions of the army. The fighting was predominantly along tribal lines, with southern tribes in revolt against the ‘northern’ government. A UN mission was installed in 1998 to secure the truce.

After General Bozizé took control of the country after several coup attempts in 2003, a ‘bush war’ began led by armed opposition forces. From late 2006 onward, government troops with French military support severely weakened the rebels. Following this, a number of agreements were signed during 2007-2008, but not all factions have accepted them. In 2011, Bozizé was re-elected in supposedly fraudulent elections, which resulted in a new wave of uprisings. Séléka, an alliance of northern rebel groups, took over parts of the country and forced Bozizé to agree to a power-sharing deal. However, after this agreement broke down, Séléka took control of Bangui and Bozizé had to flee the country.

Central African Republic Conflicts (1996 - ) )
Stage
Framework/substantive - comprehensive (Constitution)
Conflict nature
Government
Peace process
17: CAR: coups and rebellions process
Does this need new name?
Parties
[Preamble states parties to be] The Representatives of the driving forces of the Nation, gathered within the National Transition Council (NTC)
Third parties
Description
An 'agreed' interim constitution produced by the transitional national council.

Agreement document
CF_2013_NationalTransitionalCharter.pdf

Main category
Page 1, PREAMBLE
...
Reassert their accession to all the international Conventions duly ratified, in particular those relative to the prohibition of any form of discrimination against women and those relative to the protection of children’s rights.

Page 2, TITLE I: OF THE FUNDAMENTAL BASES OF SOCIETY, Article 5
All human beings are equal before the law regardless of race, ethnic origin, geographical origin, sex, religion, political affiliation or social status.
The law guarantees equal rights for men and women in all matters. In the Central African Republic, no one can be subject to nor privileged by their place of birth, person or family.

Page 2, TITLE I: OF THE FUNDAMENTAL BASES OF SOCIETY, Article 6
...
The protection of women and children against violence and insecurity, exploitation and moral, intellectual and physical neglect is a duty for the State and other public authorities. This protection is guaranteed by appropriate measures and State institutions and other public authorities.

Page 3, TITLE I: OF THE FUNDAMENTAL BASES OF SOCIETY, Article 9
...
All citizens are equal regarding employment. No one may be discriminated against in their work because of their origins, their sex, their opinions or their beliefs.

Page 6, TITLE II: OF STATE AND SOVEREIGNTY, Article 20
...
All Central Africans of both (2) sexes, aged eighteen (18) years old or more who enjoy their civil rights, are voters within the conditions prescribed by law.

Page 6, TITLE II: OF THE STATE AND SOVEREIGNTY, Article 21
Political parties or groups contribute to the expression of universal suffrage, to the political, economic and social life, to the monitoring of their elected members and to the shaping of their members’ citizenship.
It is forbidden for them to identify with a race, ethnic group, sex, religion, sect, language, region or armed group.

Page 14, TITLE IV: OF THE NATIONAL COUNCIL OF THE TRANSITION, Article 58
The following are matters of law:
1. Rules concerning the following areas:
...
• Respect of gender quotas in decision-making bodies;

Page 21, TITLE VI: OF THE CONSTITUTIONAL COURT OF THE TRANSITION, Article 80
The Constitutional Court of the Transition is composed of nine (9) members of which at least four (4) are women, who will hold the title of Constitutional Judges.
Constitutional Judges are appointed for the full length of the Transition. They are irrevocable and immutable. In the event of the death, voluntary resignation or permanent impeachment of a Constitutional Judge, their replacement will be provided for following the appointment procedure to this effect. The new Constitutional Judge will finish their predecessor’s mandate.
Constitutional Judges are appointed from among people with integrity and having at least ten (10) years of professional experience as follows:
• Two (2) magistrates of which one is a woman, elected by their peers.
• Two (2) lawyers of which one is a woman, elected by their peers.
• Two (2) research professors in Law of which one is a woman, elected by their peers.
• One (1) member appointed by the Head of State of the Transition.
• One (1) member appointed by the President of the National Council of the
Transition.
• One (1) member appointed by the Prime Minister.
Their appointment is approved by decree of the Head of State of the Transition, and countersigned by the Prime Minister.

Page 23, TITLE VIII: OF THE HIGH COUNCIL OF COMMUNICATION OF THE TRANSITION, Article 91
The High Council of Communication of the Transition is composed of nine (9) members of which at least four (4) are women.
The members of the High Council of Communication of the Transition are appointed among people with at least ten (10) years of professional experience.
Their appointment is approved by decree of the Head of State of the Transition and countersigned by the Prime Minister.

Women, girls and gender

Participation
Gender quotas
Page 14, TITLE IV: OF THE NATIONAL COUNCIL OF THE TRANSITION, Article 58
The following are matters of law:
1. Rules concerning the following areas:
...• Respect of gender quotas in decision-making bodies;


Page 21, TITLE VI: OF THE CONSTITUTIONAL COURT OF THE TRANSITION, Article 80
The Constitutional Court of the Transition is composed of nine (9) members of which at least four (4) are women, who will hold the title of Constitutional Judges. Constitutional Judges are appointed for the full length of the Transition. They are irrevocable and immutable. In the event of the death, voluntary resignation or permanent impeachment of a Constitutional Judge, their replacement will be provided for following the appointment procedure to this effect. The new Constitutional Judge will finish their predecessor’s mandate. Constitutional Judges are appointed from among people with integrity and having at least ten (10) years of professional experience as follows:
• Two (2) magistrates of which one is a woman, elected by their peers.
• Two (2) lawyers of which one is a woman, elected by their peers.
• Two (2) research professors in Law of which one is a woman, elected by their peers.
• One (1) member appointed by the Head of State of the Transition.
• One (1) member appointed by the President of the National Council of the Transition.
• One (1) member appointed by the Prime Minister.
Their appointment is approved by decree of the Head of State of the Transition, and countersigned by the Prime Minister.

Page 23, TITLE VIII: OF THE HIGH COUNCIL OF COMMUNICATION OF THE TRANSITION, Article 91
The High Council of Communication of the Transition is composed of nine (9) members of which at least four (4) are women. The members of the High Council of Communication of the Transition are appointed among people with at least ten (10) years of professional experience. Their appointment is approved by decree of the Head of State of the Transition and countersigned by the Prime Minister.
Other
Page 6, TITLE II: OF STATE AND SOVEREIGNTY, Article 20
...
All Central Africans of both (2) sexes, aged eighteen (18) years old or more who enjoy their civil rights, are voters within the conditions prescribed by law.

Page 6, TITLE II: OF THE STATE AND SOVEREIGNTY, Article 21
Political parties or groups contribute to the expression of universal suffrage, to the political, economic and social life, to the monitoring of their elected members and to the shaping of their members’ citizenship. It is forbidden for them to identify with a race, ethnic group, sex, religion, sect, language, region or armed group.
Equality
Equality (general)
Page 1, PREAMBLE
...
Reassert their accession to all the international Conventions duly ratified, in particular those relative to the prohibition of any form of discrimination against women and those relative to the protection of children’s rights.

Page 2, TITLE I: OF THE FUNDAMENTAL BASES OF SOCIETY, Article 5
All human beings are equal before the law regardless of race, ethnic origin, geographical origin, sex, religion, political affiliation or social status. The law guarantees equal rights for men and women in all matters. In the Central African Republic, no one can be subject to nor privileged by their place of birth, person or family.
Social equality
Page 3, TITLE I: OF THE FUNDAMENTAL BASES OF SOCIETY, Article 9
...
All citizens are equal regarding employment. No one may be discriminated against in their work because of their origins, their sex, their opinions or their beliefs.
Particular groups of women
No specific mention.
International law
General IHRL, IHL and IL
Page 1, PREAMBLE
...
Reassert their accession to all the international Conventions duly ratified, in particular those relative to the prohibition of any form of discrimination against women and those relative to the protection of children’s rights.
New institutions
No specific mention.
Violence against women
Gender-based violence/VAW (general)
Page 2, TITLE I: OF THE FUNDAMENTAL BASES OF SOCIETY, Article 6
...
The protection of women and children against violence and insecurity, exploitation and moral, intellectual and physical neglect is a duty for the State and other public authorities. This protection is guaranteed by appropriate measures and State institutions and other public authorities.
Transitional justice
No specific mention.
Institutional reform
No specific mention.
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh