| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
Title: Central African Republic Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
CENTRAL AFRICAN REPUBLIC
The Central African Republic became a democracy in 1993 following free
and fair elections in which Ange Felix Patasse, candidate of the
Movement for the Liberation of the Central African People, was chosen
President. Citizens also elected an 85-member National Assembly in
which no party achieved a majority. In 1994 a Constitution providing
for multiparty democracy was accepted in a national referendum.
The military and the National Gendarmerie, under the Minister of
Defense, share internal security responsibilities with the civilian
police force, under the direction of the Minister of Public Security.
Under President Patasse, the Presidential Security Guard was reduced in
size and responsibility. Security forces committed serious human rights
abuses.
The Central African Republic is a landlocked and sparsely populated
country, most of whose inhabitants practice subsistence agriculture.
Principal exports are coffee, cotton, timber, tobacco and diamonds. A
1994 devaluation of the currency had the effect of raising prices
received by producers of these commodities, and thus boosted rural
income. On the other hand, the devaluation raised the price of imports,
which constrained consumption by civil servants and other workers. The
Government is the country's largest employer.
The overall human rights situation improved considerably with the
installation of the elected Government in October 1993. However,
serious human rights abuses continued in certain areas. Police beatings
of some detainees continued, and there were credible reports of routine
summary executions of suspected bandits by security forces. In one
well-publicized case, a suspect was killed while in police custody in
Bangui. Other human rights abuses included harsh prison conditions,
prolonged detention, limits on judicial independence and efficiency,
restraints on press freedom to criticize the Government, a pattern of
discrimination and violence against women, and discrimination against
Pygmies.
Local human rights monitors expressed concern over the extended
detention in excess of legal limits of ex-officials from the previous
regime charged with corruption; some of these cases went to trial in
September and were in progress at year's end.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no known political killings, but there were credible reports
that army and gendarmerie forces routinely conducted summary executions
of suspected bandits in border regions. The Government did not
prosecute any officials for these killings, or for similar killings in
1994. In April presidential security forces arrested a young man and
jailed him at the headquarters of an antibandit police unit. He was
later observed by his parents to be unable to walk after an apparent
beating; he died the next day. No official was prosecuted.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
Although the Penal Code prohibits torture and specifies sanctions for
those found guilty of physical abuse, the police continue to beat and
otherwise abuse criminal suspects. There were reliable reports of abuse
of prisoners. So far as is known, the Government did not punish those
responsible.
Prison conditions are deplorable. Cells are overcrowded, and the basic
necessities of life, including food, clothing, and medical care, are in
short supply and routinely diverted by prison officials for their
personal consumption. Prisoners are frequently forced to perform
uncompensated labor at the residences of government officials. Male and
female prisoners are confined in separate facilities in Bangui but
housed together elsewhere. Minors are routinely housed with adults and
subject to abuse. Approximately half the male prison population are
pretrial detainees. There is no system of bail.
d. Arbitrary Arrest, Detention, or Exile
The law stipulates that persons detained in cases other than those
involving national security must be brought before a magistrate within
96 hours. In practice, authorities often do not respect this deadline,
in part due to inefficient judicial procedures. Judicial warrants are
not required for arrest. By law, national security detainees defined as
"those held for crimes against the security of the State" may be held
without charge for up to 2 months. Although previous governments used
the national security provision of the law to arrest opponents for
exercising internationally recognized human rights, the Patasse
Government did not detain any person for such actions. In September the
criminal court began its first session in 2 years. On the docket were
the cases of Kolingba regime (1981 - 1993) officials charged with
corruption who, in some cases, had been detained more than 18 months
without trial. These cases were still underway at year's end. A
parliamentary commission also investigating Kolingba-era corruption had
published no conclusions by year's end.
The law does not permit exile, and it does not occur in practice. The
Government has repeatedly stated that any person in exile for strictly
political, rather than criminal, reasons may return without fear of
persecution. At the end of the year, there were no known political
self-exiles. Former Empress Catherine, wife of former Emperor Bokassa,
briefly returned from exile.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, but there are
reliable reports of periodic executive interference. The judiciary,
which consists of regular and military courts, was reorganized in the
1994 Constitution. Legislation implementing this reorganization was
pending at year's end. In criminal cases, the accused are presumed
innocent and have the right to legal counsel, to public trial, and to be
present at their trials and confront witnesses. The Government
generally respects these safeguards in practice, but inefficient
administration of the law, shortages of trained personnel and material
resources hinder the process. The criminal court, for example, did not
convene for 2 years for lack of money. It did convene in September and
worked its way through a full docket of cases. Court proceedings are
open to the public and frequently broadcast on national radio.
There were no reports of political prisoners, although some observers
note that anticorruption statutes at times appear to have been applied
more rigorously to former officials of the previous regime than to
current officials.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government on rare occasion abused the law which prohibits invasion
of the home without a warrant in civil and criminal cases. Police did,
however, use Title IV of the Penal Code, governing certain political and
security cases, which allows them to search private property without
special authorization. The Government also monitored the telephones of
some opposition figures.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of the press, and the Government
generally respects these rights in practice. Citizens spoke freely and
publicly about political developments, criticizing the Government, the
President's handling of certain issues, and political parties.
Opposition leaders, in particular, used press statements, manifestos,
broadsides, and copies of open correspondence to the Government to
circulate their views. Although not all of this documentation was
published in the government-controlled media, the Government made no
apparent effort to censure, seize, or halt circulation of these
materials elsewhere.
More than a dozen private newspapers published at varying intervals,
openly discussing a wide variety of views on political and social
issues. Government officials sued several journalists following
accusations of corruption published by their newspapers. Many
journalists regarded this as official harassment. In August the editor
of former President Kolingba's Rassemblement Democratique Centrafricaine
(RDC) party newspaper was sentenced to 2 years in prison for defamation
after publishing an article which accused President Patasse of
conspiring to murder a labor leader.
The Government owns and controls one newspaper, which appeared only
sporadically, a more regular wire service news bulletin, and a radio and
television station. Government reluctance to allow opposition access to
the media, criticized by the opposition as a blatant effort to impede
its activities, lessened in the wake of an August televised opposition
roundtable with the Minister of Communication. Although a church-run
radio station, which had received authorization to broadcast in 1994,
began operating in 1995, the Government refused to allow the
establishment of other private radio stations for fear that they would
become voices for the opposition.
The Government did not impede foreign journalists in their work.
University faculty and students belonged to many political parties and
expressed their views without fear of reprisal.
Academic freedom is respected.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of assembly, but the Government
at times restricted this freedom. A 1992 decree requires organizers of
demonstrations and public meetings to register with the Government 48
hours in advance and also prohibits political meetings in schools or
churches. In August the Ministry of Territorial Administration denied
the RDC permission to stage a march through Bangui, citing security
reasons. After the RDC announced its decision to march anyway, the
Government relented and the RDC held a peaceful march. In May, the
Democratic Movement for the Renaissance and Evolution of Central Africa
Party (MDREC) was forbidden to march by the Government which cited
security reasons; MDREC subsequently held a public meeting at its
headquarters without incident.
Associations are required to register with the Government in order to
enjoy legal status. All political parties must register with the
Ministry of Public Security in order to participate legally in politics.
While the Government usually grants registration expeditiously, in one
case it revoked a party's registration after the Ministry of Justice
mounted a legal challenge based on the party's religious nature.
There are more than 20 registered political parties and a variety of
nonpolitical associations. The Government allowed them to hold
congresses, elect officials, and publicly debate policy issues without
interference.
c. Freedom of Religion
The Constitution provides for freedom of religion, but includes fixed
legal conditions and prohibits what the Government considers religious
fundamentalism and intolerance. There is no state religion, and a
variety of religious communities are active. Religious organizations
and missionary groups are free to proselytize, worship, and construct
places of worship. However, religious groups must register with the
Government, and any group whose behavior the Government considers
subversive remains subject to sanctions, although it imposed no
sanctions in 1995. Jehovah's Witnesses, which the previous Government
had banned, encountered no difficulties.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
People are free to move within the country, but police and other
officials harass travelers unwilling or unable to pay bribes at
checkpoints along major intercity roads and at major intersections in
Bangui. The Government effectively prevented former President Kolingba
and members of his family from leaving Bangui. It denied former
President David Dacko permission to travel abroad for medical treatment,
but subsequently relented. Some citizens, when attempting to leave the
country, were informed by immigration authorities that their names were
on unspecified official lists which forbid their departure.
There were no known cases of revocation of citizenship.
The Government continued working with the United Nations High
Commissioner for Refugees in hosting Chadian and Sudanese refugees. It
expelled more than 100 recently arrived Rwandan citizens in September,
although many subsequently returned. Approximately 500 others who were
registered with the National Commission for Refugees remained in the
country without difficulty.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens exercised their constitutional right to change their government
by democratic means in 1993 presidential and parliamentary elections.
International observers deemed the elections free and fair.
The Constitution, adopted by national referendum in 1994, provided for
multiple political parties and increased the powers and independence of
the legislative and judicial branches at the expense of the executive
branch.
While running for office, President Patasse promised local elections in
1994, but these have never taken place. In the interim, the Government
appointed three successive mayors of Bangui, which engendered criticism
from prodemocracy forces as reneging on a commitment. By-elections were
held in October to fill two empty Parliament seats. The opposition
harshly condemned these elections for alleged irregularities.
Women remained numerically underrepresented in politics. Three women
candidates were elected to the 85-member Parliament. Two of 26 Cabinet
members are women.
Pygmies (Ba'aka), who represent from 1 to 2 percent of the national
population, are not represented in the Government and have little
political power or influence, although they voted in large numbers in
the 1993 election. In general, the Ba'aka have little ability to
participate in decisions affecting their lands, culture, traditions, and
the allocation of natural resources.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Central African Human Rights League (LCDH) is a nongovernmental
organization with multiple goals, including publicizing human rights
violations and pleading individual cases of human rights abuse before
the courts. In August the LCDH distributed widely an open letter to
President Patasse which, while citing an overall improvement in human
rights since the elections, criticized his Government for harassment of
the press, excessive pretrial detentions in violation of the law,
summary executions of suspected bandits, and the death of a suspect
while in police custody in Bangui (see Section 1.a.). During the course
of the year, several other nongovernmental organizations, including the
Movement for the Defense of Human Rights and Humanitarian Action and the
Central African Red Cross, actively pursued human rights issues,
including prison visits. The Government did not attempt to hinder any
such activities.
There were no known requests from international human rights
organizations for visits.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution stipulates that all persons are equal before the law
without regard to wealth, race, sex, or religion, but the Government
does not effectively enforce these provisions and significant
discrimination exists.
Women
Violence against women, including wife beating, occurs, but it is
impossible to quantify its extent as data are lacking, and victims
seldom make reports. The courts try very few cases of spouse abuse,
although litigants cite this abuse during divorce trials or in civil
suits for damages. Some women reportedly tolerate abuse in order to
retain a measure of financial security for themselves and their
children. The Government did not address this issue in 1995.
Despite the Constitution's provisions, in practice women are not treated
as equal to men economically, socially, or politically. Women in rural
areas, moreover, suffer more discrimination than women in urban areas.
Sixty to 70 percent of urban females go to primary school, while only 10
to 20 percent of their rural counterparts do. Overall, at the primary
level females and males enjoy equal access to education, but a majority
of young women drop out at age 14 or 15 due to social pressure to marry
and bear children. Only 20 percent of the students at the University of
Bangui are women. There are no accurate statistics on the percentage of
female wage earners.
Polygyny is legal, although this practice faces growing resistance among
educated women. There is no legal limit on the number of wives a man
may take, but a prospective husband must indicate at the time of the
marriage contract whether he intends to take further wives. In practice
many couples never formally marry because men cannot afford the
traditional bride payment. Women who are educated and financially
independent tend to seek monogamous marriages. Divorce is legal and may
be initiated by either partner. The law does not discriminate against
women in inheritance and property rights, but a welter of conflicting
customary laws often prevails. Women's rights were strengthened in a
new family code drafted by a Ministry of Social Affairs-sponsored
conference. For example, common law wives would have stronger domestic
legal claims. The proposed new Code awaited National Assembly approval
at year's end.
The Association of Central African Female Jurists' clinic advises women
of their legal rights. It also published pamphlets in conjunction with
the Ministry of Social Affairs on the dangers of female genital
mutilation and on food taboos (see the following subsection.)
Children
Although there is no official discrimination against children, the
Government spends little money on programs for children. There are a
few church and other nongovernmental projects for youth. Crippling
education strikes caused 3 years of missed school. Schools restarted in
late 1993 and have operated normally since that time. Nonetheless, most
children are woefully behind in their studies, and a number have left
school completely. Many Bangui street children make their way by
begging and stealing. Several charitable organizations strive to assist
them.
Courts interpret the Penal Code as forbidding parental blows or injuries
to children under 15. The proposed family code would strengthen
children's rights; for example, illegitimate children would have the
same rights as those born in wedlock.
Female genital mutilation (FGM) is widely condemned by international
health experts as damaging to both physical and psychological health.
This traditional practice is found in certain rural areas, and to a
lesser degree in Bangui, and is performed at an early age. A national
health census indicated that 44 percent of females have undergone FGM,
but its incidence was declining with time.
People With Disabilities
There is no codified or cultural discrimination against the disabled.
There are several government-initiated programs designed to assist the
disabled, including handicraft training for the blind and the
distribution of wheelchairs and carts by the Ministry of Social
Services. There is no legislated or mandated accessibility for the
disabled.
Indigenous People
Despite constitutional provisions, in practice some minorities are
treated unequally. In particular, indigenous forest-
dwelling Pygmies are subject to social and economic discrimination and
exploitation which the Government has done little to correct. Pygmies
often work for villagers at wages lower than those paid to members of
other groups.
Religious Minorities
Muslims, particularly Mbororo (Peuhl) herders, claim to have been
singled out for harassment by authorities, including shakedowns by
police, due to popular resentment of their presumed affluence. Muslims
also bear the brunt of government antibanditry campaigns in the
northwest part of the country. While Muslims play a preponderant role
in the economy, few hold senior executive posts in government. About
six Muslims serve in the National Assembly.
The 1994 constitutional provision prohibiting religious fundamentalism
is widely understood to be aimed at Muslims.
National/Racial/Ethnic Minorities
There are about 90 ethnic groups, and in the past there was little
ethnic balance at the higher levels of government. Under the former
Kolingba government, members of the minority Yakoma ethnic group held a
disproportionate number of senior positions in the government, military,
and state-owned firms. The Patasse Government has brought about a more
representative ethnic balance in government. Even so, observers note
that members of northern ethnic groups close to the President are a
majority in Patasse's Cabinet and also receive favorable treatment in
government appointments.
Section 6 Worker Rights
a. The Right of Association
Under the Labor Code, last revised in 1990, all workers are free to form
or join unions of their own choosing without prior authorization. A
relatively small part of the population has exercised rights of
association, chiefly wage earners such as civil servants.
The current Labor Code does not refer to trade unions by name, a change
from previous versions. The International Labor Organization (ILO) had
requested this change to reflect the proliferation of new unions. There
are now five recognized labor federations, including the Organization of
Free Public Sector Unions and the Labor Union of Central African Workers
(USTC). The USTC and its member unions continued to assert and maintain
their official independence from the Government. The USTC organized and
conducted a major march, demanding payment of salary arrears owed by the
Government. It also accused the Government of firing USTC members for
political and tribal reasons.
Unions have the right to strike in both the public and private sectors.
A contentious strike by sugar workers in Bambari was resolved peacefully
early in the year. To be legal, strikes must be preceded by the union's
presentation of demands, the employer's response to these demands, a
conciliation meeting between labor and management, and a finding by an
arbitration council that the union and employer failed to reach
agreement on valid demands. The union must also provide 8 days'
notification in writing of planned strikes. The Labor Code states that
if employers initiate a lockout which is not in accordance with the
Code, then the employer is required to pay workers for all days of the
lockout. Other than this, the Code does not provide for sanctions on
employers for acting against strikers. It is not known to what extent
this policy is actually followed.
Labor federations are free to affiliate internationally. The USTC is
affiliated with the International Confederation of Free Trade Unions.
b. The Right to Organize and Bargain Collectively
The Labor Code accords trade unions full legal status, including the
right to sue in court. It requires that union officials be employed
full-time in the occupation as a wage earner, but they nonetheless
conduct union business during working hours. The Code does not
specifically provide that unions may bargain collectively. While
collective bargaining has nonetheless taken place in some instances, the
Government is usually involved in the process.
Wage scales are set by the Ministry of Labor and Civil Service but have
been only a tangential issue in labor negotiations; the nonpayment of
salary arrears and higher consumer costs attributed to the 1994
devaluation continued to be the major complaints of the unions. Public
sector unions complained in September that, while negotiations were
under way regarding salary arrears, the Government unilaterally
announced that it would issue 5-year interest-bearing treasury bonds in
lieu of cash payments to workers due arrears.
The law expressly forbids discrimination against employees on the basis
of union membership or union activity. However, leaders of public
sector unions, particularly teachers, complained of government
discrimination against them and their members, most often through
arbitrary reassignment to provincial posts. It punitively reassigned
several union activists in the civil service following a series of
strikes early in the year. The Labor Code does not state whether
employers found guilty of antiunion discrimination are required to
reinstate workers fired for union activities.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is specifically prohibited by the Labor Code, and there
were no reports of such labor. Uncompensated prison labor for
government officials is required.
d. Minimum Age for Employment of Children
Employment of children under 14 years of age is forbidden by law, but
this provision is only loosely enforced by the Ministry of Labor and
Civil Service. In practice, child labor is common in many sectors of
the economy.
e. Acceptable Conditions of Work
The Labor Code states that the Minister of Labor, rather than the
National Assembly, must set minimum wages by decree. Agricultural
workers are guaranteed a minimum of $15 (cfa 7,800) per month, while
office workers are guaranteed $36 (cfa 18,000). Minimum wages differ
among the various sectors. The minimum wage assures a family the basic
necessities but is barely adequate to maintain a decent standard of
living. Most labor is performed outside the wage and social security
system, especially by farmers in the large subsistence agricultural
sector.
The law sets a standard workweek of 40 hours for government employees
and most private sector employees. Household employees may work up to
55 hours per week. The law also requires that there be a minimum rest
period of 24 consecutive hours on Sundays, although in certain
circumstances the Sunday requirement may be waived.
There are also general laws on health and safety standards in the
workplace, but the Ministry of Labor and Civil Service neither precisely
defines nor actively enforces them, a matter about which the ILO has
expressed concern to the Government for many years. The Labor Code
states that a labor inspector may force an employer to correct unsafe or
unhealthy work conditions, but it does not provide the right for workers
to remove themselves from such conditions.
(###)
[end of document]
Return
to 1995 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.