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Within the French Constitution of 1958 under General DE GAULLE, colonial
territories had the possibility to engage in activities which would lead gradually to
independence.
On the 1st December 1958, the Territorial Assembly of Oubangui-Chari
proclaimed the Republic of Central Africa. On the 8th December the Government Council
was transformed into a provisional Government with BOGANDA at its head.
This Government was given the responsibility of drafting the first Central African
Constitution which would be promulgated on the 16th February 1959.
From this date, the Central African Republic was to have several Constitutions
and Constitutional Decrees, as a result of political instability.
These Constitutions and Constitutional Decrees gave rise to the promulgation of
Laws and Administrative Acts which recognised Human Rights.
In effect, the CAR ratified the African Charter on Human and Peoples’ Rights on
the 26 April 1986.
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In the light of the Constitutions and Laws promulgated by the CAR, an analysis
was to be carried out on the manner in which our country applied the provisions of
Article 62 of the African Charter on Human and Peoples’ Rights.
2- The Legal Context
The Constitutions and the organic Laws adopted by the various regimes in the
CAR re-affirm attachment to the Universal Declaration of Human Rights of the 10th
December 1948, to the International Conventions on Economic, Social and Cultural
Rights, to the International Conventions on Civil and Political Rights of the 16th
December 1966 and to the African Charter on Human and Peoples’ Rights.
These same national legal instruments re-affirm that universal suffrage is the sole
source of the political power’s legitimacy.
The Constitutions and Laws recognise the equality of human beings before the
Law, employment without distinction of race, ethnic origin, region, gender and religion.
They recognise the right to vote and to be elected, to have access to public office
and to participate in the direction of public affairs without any legally sanctioned
restriction.
2.1. The Constitutions
a) The 1959 Constitution
The Executive Power is held by the President of the Government vested in him
by the Legislative Assembly for five (5) years. This Legislative Assembly is elected by
ballot on the basis of lists drawn up in the regional Constituencies.
b) The Constitution of 1964 established the universal suffrage on the basis of a
a single ballot for the election of the President of the Republic, whereas the
National Assembly is elected on the basis of a single national list presented by
the MESAN Party (Movement for Social Development of Black Africa).