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Thus, the Constitution of the 5th February 1981, in its Article 2, parag.3
recognises the freedom of movement for all citizens in the following terms: « the
freedom to come and go, of residence and establishment anywhere in the country
is guaranteed to all under the conditions established by law »
The preamble to the Constitution of the 28th November 1986 proclaims its
atachment to the freedom of movement in the following terms: « the right to come and
go… can be exercised freely subject to respect for the laws and regulations in
force ».
The 14th January 1995 Constitution, in its Article 4 stipulates: « the freedom to
come and go, of residence and establishment anywhere in the country is
guaranteed to all under the conditions established by law »
The same is true for the Constitution of the 27th December 2004 which
recognizes the freedom of movement for all citizens. Article 4, parag.2 stipulates that
« the freedom to come and go, of residence and establishment anywhere in the
country is guaranteed to all under the conditions established by law »
The principle of coming and going is not absolute and can be subject to
exemptions. In accordance with the terms of Article 9, parag.1 of the Decree n°85.017;
« foreigners are free to move everywhere in Central African territory. This
movement is not subject to any restriction so long as they satisfy the conditions
of entry and residence ».
The freedom of movement for strangers is subject to two restrictions:
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The first arises out of the non respect for the conditions of entry and
residence;
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The second is justified by concern to preserve public security. It is in
this respect that Article 9 of the aforementioned Decree stipulates
«Nonetheless, for reasons of security, of public order or of the
protection of the nations’s economic interests, the movement of
foreigners can be regulated through collective or individual
measures and residence in certain areas can be denied them by
Decree or by law, where it is a case of individual measure ».
However, the measures restricting the freedom to come and go imposed against
foreigners are brought to their notice and are published in the official gazette, or through
the media depending on whether it is a collective or individual measure.
In order to consolidate this freedom of movement, the High Commission on Human
Rights and Good Governance, in collaboration with the Central African Armed Forces
Chief of Staff, carries out surprise missions on all the roads in the country to check on
the applicability of this right. That is why recently, an operation has just been carried out
demolishing all the illegal barriers erected by certain law enforcement officers along our
roads.