Central African Republic
The Central African Republic addresses terrorism on a sectoral level in a chapter of its Criminal Code. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
Terrorism is defined in the Criminal Code as follows:
the fact of committing or threatening to commit an act or acts intended to influence the Government or to intimidate the public and seeking to further a political, religious or ideological cause through the use of firearms or explosives or by any other means.
Also referred to as acts of terrorism, and punished as such, are all acts that create a risk serious for the health, physical integrity or safety of the public or which are designed in such a way as to interfere with or seriously disrupt an electronic system and those [acts] referred to in Articles 298 to 326 of this Code.Art. 296, Criminal Code of the Central African Republic.
Adherence to Global and Regional Terrorism Treaties
The Central African Republic has adhered to all the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
According to the 2016 Constitution, agreements or treaties duly ratified or approved have, on their publication, an authority superior to that of the domestic laws, as long as they are applied by the other party or parties.Art. 94, Constitution of the Central African Republic.
The Central African Republic has signed but not ratified the two African Union treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1999 Algiers Convention | Signatory |
| 2004 Protocol to the Algiers Convention | Signatory |
Laws and Penalties for Terrorist Offences
Acts of terrorism are criminalized in the Penal Code with a fixed term of forced labour. Nuclear terrorism is punishable with forced labour for life.Art. 316, Penal Code of the Central African Republic.
The Code allows for bodies corporate as well as individuals to be held criminally responsible for crimes of terrorism.Art. 160, Penal Code of the Central African Republic.
Counterterrorism Capacities and Policies at Domestic Level
As the United States has reported, during the past two decades, the Central African Republic has suffered instability, conflict, and violence resulting in the collapse of national government institutions, public order, and the rule of law. Thousands of people have been murdered and close to 700,000 Central Africans are internally displaced while 615,000 have taken refuge in neighboring countries. The lack of a sizeable police and gendarmerie presence in cities and areas outside of Bangui fosters conditions that allow armed groups to retain control of cities and towns and to continue to operate and terrorize local communities. The government currently only controls one quarter of the country with the rest under the control of armed groups.
Glossary
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