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TITLE: CENTRAL AFRICAN REPUBLIC HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995

                    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 (MLPC) was chosen President.  Citizens also
elected an 85-member National Assembly in which no party
achieved a majority.  In 1994 a multiparty democratic
Constitution was widely discussed, debated, revised and finally
accepted in a national referendum in late December.

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 responsibilities.
Outside of banditry in border regions, a brief university
student demonstration, and an ethnically charged, nonpolitical
fracas with Chadian merchants, there were no incidents of
unrest nor disturbances of public security.

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.  Devaluation of the currency in
January had the effect of raising producer prices, including
these commodities, and thus boosted rural income.  On the other
hand, devaluation raised the cost of imported items, which
constrained consumption by civil servants and other workers.
Economic structural reforms began to take effect midway through
the year, greatly improving the prospects for economic growth.

The overall human rights situation improved considerably
following the September 1993 elections and the installation of
the new Government in October.  Local watchdog groups, however,
remain vigilant.  They have expressed concerns that
prosecutions of former regime figures for corruption not be
tainted by political vendetta.  Similarly, they criticized the
Government's tendency to use police powers to intimidate
opponents.  Actions such as harassment of travelers,
politically inspired searches and interrogations, and telephone
monitoring have been used occasionally against political
opponents.  Several persons remained detained under national
security criteria in excess of legal limits without their cases
going to trial.  Police beatings of some detainees continued,
and the army's treatment of captured bandits was harsh.  The
Government is not known to have punished those responsible.
Other human rights abuses included continuing discrimination
and violence against women and discrimination against pygmies.

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 troops captured and summarily executed
several bandits after a firefight near the Chadian border.

The Government investigated extrajudicial killings which had
occurred in April 1993 and August 1992, when security forces
used excessive force in suppressing anti-government forces.  A
military tribunal found four soldiers guilty of causing the
deaths of civilians in those incidents.

     b.  Disappearance

There were no reports of 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 abuse criminal suspects.  There were
reliable reports that officials of the former regime held by
authorities as criminals on corruption charges were among those
mistreated.  So far as is known, the Government did not punish
those responsible.  Prison conditions are harsh.  Cells are
overcrowded, and the basic necessities of life, including food,
clothing, and medical care, are in short supply.

     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, this deadline is
often not respected, in part due to inefficient judicial
procedures.  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.  Authorities in
early 1994 arrested, interrogated, and incarcerated under this
section of the law approximately 24 persons--half military,
half civilian--suspected of harboring weapons and plotting
against the Government.  Police freed several following
investigation and reduced charges against most others, but some
detainees remain in jail awaiting trial or court-martial.
Although previous governments used the national security
provision of the law to arrest opponents for exercising
internationally recognized human rights, the Government did not
detain any person for such presumed infractions.  There were no
known instances of incommunicado detention.

The judicial system does not provide for bail, but authorities
do release suspects on their own recognizance.  The Government
arrested six politically prominent persons on apparently valid
charges of corruption.  It has been slow to bring them to
trial, however, reflecting both the complexity of the cases as
well as politically driven motives to ensure convictions.

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 home without fear of persecution.  At the end of the
year, there were no known political self-exiles.  Former
politician Rodolph Iddi-Lala died in exile in 1994.

     e.  Denial of Fair Public Trial

The judiciary consists of regular and military courts, with the
Supreme Court at the apex.  In criminal cases, the accused have
the right to legal counsel, to public trial, and to be present
at their trials.  The Government generally respects these
safeguards in practice, but the judiciary suffers numerous
shortcomings, including executive interference, institutional
neglect, inefficient administration of the law, and shortages
of trained personnel and material resources.  The military
court, for example, did not convene during the first half of
the year for lack of money.  It did convene in September and
worked its way through a full docket of cases.  Military court
proceedings are open to the public and are broadcast on
national radio.

Parliamentary critics condemned as unconstitutional President
Patasse's action to grant amnesty, prior to completion of
investigations and possibly trial, to persons accused of
engaging in fraudulent manipulation of educational examination
results.  The Constitution is vague regarding authority to
grant executive clemency prior to conviction.  There were no
known political prisoners in 1994.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Government rarely abused legal prohibitions on invasion of
the home without a warrant in civil and criminal cases.  Title
IV of the Penal Code, which covers certain political and
security cases, allows police to search private property
without written authorization.  Early in the year, police
conducted such searches as part of investigations into illegal
weapons caches.  In at least one other attempt, when the police
did not invoke national security provisions, irate neighbors
thwarted a politically inspired search.  The Government used
telephone monitoring to maintain a close watch on opposition
figures.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Private 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.

The Government owns and controls one newspaper, which appeared
only 6 times during the year, a more regular wire service news
bulletin, and a radio and television station.  Although the
Government refused to provide unimpeded access to the media, it
allowed some opposition statements and press conferences as
news items.  The political opposition felt that, under this
policy, media coverage of political activities was unbalanced
and unfairly limited the public's right to information.  This
point was particularly relevant for several days during the
campaign leading to the constitutional referendum when the
government press did not report opposition views.  However, it
subsequently relented and reported opposing perspectives prior
to the voting.

Several private newspapers began publication during the year,
but only sporadically.  In addition, the Government granted
Radio Africa One, a private continentwide music-and-news radio
station, permission to begin unrestricted local broadcasting in
Bangui.  Finally, a church-run radio station was authorized but
had not yet started broadcasting by year's end.  The Government
did not impede foreign journalists in their work.

University faculty members and students belonged to the full
range of political parties and expressed their respective views
without fear of reprisal.  No issues of academic freedom were
tested.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for the right of assembly, but this
is restricted by regulation.  A 1992 decree requires the
organizers of all demonstrations and public meetings to
register with the Government 48 hours in advance.  The decree
also prohibits political meetings in schools or churches.  In
September the political party responsible for the decree, the
Rassemblement Democratique Centrafricain (RDC), led by former
President Kolingba, scheduled a rally on school property, which
the Government then prohibited.  The RDC conducted the rally a
week later on its own premises without difficulty.  There were
no other known instances of permissions for meetings being
refused, nor did the Government interfere in or monitor such
meetings.

Associations are required to register with the Government in
order to enjoy legal status.  A 1991 law requires all political
parties to register with the Ministry of Public Security in
order to participate legally in politics.

The Government permitted the 23 registered political parties,
as well as a variety of nonpolitical associations, to hold
congresses, to elect officials, and to publicly debate policy
issues without interference.

     c.  Freedom of Religion

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 is considered
subversive in nature remains subject to sanctions, although no
sanctions were imposed in 1994.  Jehovah's Witnesses, which the
previous Government had banned, encountered no difficulties
during 1994.

     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 sometimes harass travelers unwilling or unable
to pay bribes at checkpoints along major intercity roads and at
major intersections in Bangui, the capital.  The Government has
not taken effective measures to eliminate these practices.  On
several occasions police refused to let former President
Kolingba or members of his family, who are not under any sort
of restraining order, pass through the control barrier toward
his farm some 20 miles from town.  After protest, and without
admitting responsibility for its actions, the Government
permitted the former president to travel.  In an unrelated
case, authorities refused permission to the nephew of a
presidential candidate to board a Paris-bound plane.  Again
after protest, the individual was allowed to depart.  As part
of an anticorruption measure, the Government decreed that
former chief executives of state-owned companies would not be
free to leave the country until auditors had certified that
accounts were in order.

There were no known cases of revocation of citizenship during
the year.

The Government continued to host refugees from Chad, Sudan and
several dozen from Rwanda.  It cooperates with the United
Nations High Commissioner for Refugees (UNHCR).  There were no
reports of forced repatriation of refugees to countries in
which they feared persecution.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

In 1993 citizens were able to exercise peacefully their
constitutional right to change their government by democratic
means.  International observers deemed the elections free and
fair.

The new Constitution, which was adopted by national referendum
in December, provides for multiple political parties and
increased powers and independence for the legislative and
judicial branches at the expense of the executive.
Bye-elections for six empty parliamentary seats were also held
in December.  One of the six outcomes was again rejected
because of irregularities.  The ruling MLPC Party failed to
gain seats.

Most presidential candidates, including Patasse, promised
municipal and local elections by 1994, but as yet none are
scheduled.  In the interim the Government moved to appoint a
new mayor for Bangui, an action that engendered criticism from
prodemocracy forces as reneging on a commitment.  A
constitutional challenge by an opposition party led to
executive annulment of the appointment on the grounds that the
appointee, an elected member of the National Assembly, was not
eligible for a concurrent post.

Women remained underrepresented in politics.  Three women
candidates were elected to Parliament, and two others were
named as Cabinet ministers.

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.  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.

A representative of the International Committee of the Red
Cross visited the Central African Republic at least once during
the year and was given access to prisons.  There were no known
requests from other 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, or religion, but
significant discrimination exists, as indicated below.

     Women

Despite the Constitution, in practice women are not treated as
equal to men economically, socially, or politically; women in
rural areas suffer more discrimination than women in urban
areas.  Sixty to seventy 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.

In rural communities, women continue traditional childraising
duties and perform most subsistence farming, while men seek
salaried work or produce cash crops.  Customs forbidding women
and children to eat certain classes of food, including some
meats, persist in some areas of the country.

There are no accurate statistics on the percentage of female
wage earners, but in cities many educated women find work
outside the traditional patterns.  Some hold clerical
positions, and a modest but growing number are establishing
private businesses or moving into the higher echelons of
government.  Women serve in the military, the police force, and
the Gendarmerie.

Polygyny is legal, although there is growing resistance among
educated women to this practice.  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 Central
Africans 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.
Central African law does not discriminate against women in
inheritance and property rights, but a welter of conflicting
customary laws (depending on region or ethnic background) often
prevail.

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 1994.

The Government chartered the Association of Central African
Female Jurists in 1993.  This group established a legal clinic
to advise women of their legal rights and published pamphlets
in conjunction with the Ministry of Social Affairs that advised
women of the legal prohibition and dangers of female genital
mutilation.  A second pamphlet, directed at women and young
children, discussed food taboos.  In 1994 the group sponsored
theatrical presentations designed to educate the populace about
women's rights.

     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 strikes in the education sector 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 dropped out completely.  Bangui contains a population of
street children who make their way by begging and stealing.
Several charitable organizations strive to assist them.

Current interpretation of Article 187 of the Penal Code forbids
blows or injuries to children under the age of 15.  The project
of drafting a strong family code designed to protect women's
and children's rights was not completed in 1994.

The Government has never enforced in court a 1966 law
forbidding female genital mutilation (FGM) nor Article 187,
which is also interpreted as prohibiting FGM.  International
health experts have condemned FGM as damaging to both physical
and psychological health.  This traditional tribal practice is
found in certain rural areas, and to a lesser degree in Bangui,
and is performed at an early age.  Preliminary data from a
national health census indicates that 44 percent of females
have undergone this mutilation.

     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 other groups.

     National/Racial/Ethnic Minorities

There are about 90 ethnic groups, and in the past there has
been 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.
Under the Patasse Government, this trend has changed.  Although
residents of the north of the country are a majority in his
Cabinet, a broader ethnic balance has been achieved.  Even so,
observers detect noticeable favoritism towards northerners in
government appointments and caution that the ethnic pendulum
not swing too far in that direction.

     Religious Minorities

Muslims, particularly Mbororo (Peuhl) herders, claim to have
been singled out for harassment, including police shakedowns
and bandit attacks, due to popular resentment of their presumed
affluence.  In October, following a confrontation between
Muslim Chadian merchants and an off-duty policeman which left
three persons dead, anti-Chadian rioting resulted in the
looting of several dozen shops.  Few Muslims hold senior
executive posts in government, but around six Muslims serve in
the National Assembly.

     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.

Section 6  Worker Rights

     a.  The Right of Association

Under the new 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 the right of association, chiefly wage earners, such
as civil servants, which includes teachers and postal workers.

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 and
political parties.

Unions have the right to strike and, although there were no
significant strikes, they have exercised this right in both the
private and public sectors in previous years.  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 Labor Code
states that if employers initiate a lockout which is not in
accordance with the Labor 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 maintains international labor contacts, although it is not
yet formally affiliated with any international bodies.  In
October USTC members voted to seek formal affiliation with
several international labor organizations.

     b.  The Right to Organize and Bargain Collectively

The Labor Code accords trade unions full legal status,
including the right to sue in court.  However, by requiring a
union official to be employed full-time in the occupation as
wage earner, the Labor Code serves to restrict union organizing
activities to after-hours.

The Labor 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 devaluation continued to be the major
complaints of the unions.

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.  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.

     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, the role of
children in the labor force is generally limited to helping the
family in traditional subsistence farming or in retailing.

     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.
Minimum wages differ among the various sectors.  In September
1991, minimum wages were raised for the first time since 1980
by between 10 and 50 percent, depending on the category of
employee.  The lowest paid workers received the largest
percentage increases in the minimum wage.  The minimum wage
assures a family the basic necessities but is barely adequate
to maintain a decent standard of living in a country with a
high cost of living relative to family income.  Agricultural
workers are guaranteed a minimum of $14 (CFAF 7,800) per month,
while office workers are guaranteed $32 (CFAF 18,000).  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 42 hours for Government
employees and most private sector employees.  Domestic
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.