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The preamble to the Constitution of the 28th November 1986 solemnly re-affirms
that: « the right … to express oneself… to exercise freely in conformity with the
relevant laws and regulations ».
Article 13 of the 14th January 1995 Constitution stipulates: « The freedom to
inform, to express and disseminate one’s opinions through speech, writing and
images, subject to respect for the rights of others, is guaranteed. The freedom of
the press is recognized and guaranteed ».
The Constitution currently in force, that of the 27th December 2004, in its Article
13 stipulates: « the freedom to inform, to express and dessiminate one’s opinions
through speech, writing and images, subject to respect for the rights of others, is
guaranteed ».
This guarantee of the freedom of the press is translated into fact by the
recognition of newspapers, the public and private media which are operational today
and which regularly report cases of human rights violations.
Article 103 of this Constitution provided for the creation of a Supreme
Communications Council which has the mandate of guaranteeing the enjoyment of the
freedom of expression and equal access for all the State media subject to respect for
the law in force.
The Supreme Communications Council was created by Decree on the 31st
December 2004.
Like all Transitional Institutions, a Decree n°05.399 of the 31st December 2005
has just put an end to the mandate of the members of the said Council in conformity
with Article 37 establishing the said Institution which specifies that « the mandates of
the designated members of the the Supreme Communications Council will cease
as of right after the new President of the Republic and the Speaker of the National
Assembly take office ». Consultations are in progress for the appointment and election
of new members.
Current analysis of the Central African media landscape adequately proves that
the Central African State no longer holds the monopoly of Communications as the
media sector is shared between the public and private sectors. Today there are dozens
of independent newspapers and some FM radio stations in the Central African Republic.
The CAR is one of the rare countries in Africa to enact a law on the
decriminalization of offences by the media, notably, Decree n°05.002 of the 22nd
February 2005 on the freedom of Communication.
´ 8/ The freedom of Association: Art. 10 of the Charter
The freedom of Association is an active reality in the Central African Republic.
The previous Constitutions of 1959 to 1995 as well as the one in force from the 27th
December 2004, provided special protection for the freedom of Association.
Article 4 of the Constitution of the 5th February 1981 stipulates: « All citizens
have the right to freely form Associations, Groups, Societies and public utility
institutions, subject to respect for the laws and regulations » .