The Constitutional Court and the “Good Morality” of Politicians in the Central African Republic

Sonia Vohito

End Corporal Punishment

Pursuant to Article 95 of the CAR Constitution of 2016, the Constitutional Court of the Central African Republic (CAR) is required to resolve electoral disputes and guarantee the regularity of electoral operations, which includes the validations of national and local elections. On 12 August 2021, the Constitutional Court of CAR invalidated the election of legislator Karim Meckassoua on the grounds that he did not meet the legal requirement of “good morality”.  The Court invoked a report of a United Nations’ (UN) Panel of Experts on the Central African Republic, which explicitly highlighted Meckassoua’s involvement in armed groups with a view to depose the current President. It also referred to an existing investigation against Meckassoua for threats to state security and complicity in criminal conspiracy. The Court subsequently proclaimed the replacement of Meckassoua in Parliament by his main contender from the ruling party.

The Court had previously interpreted the notion of “good morality” in a landmark decision, which deserves further scrutiny. On 3 December 2020, the Constitutional Court rejected former President François Bozizé’s candidacy for the presidential elections for the same reason. The impact of the Court’s decision on the country’s already troubled political context then highlighted the significant role of the Constitutional Court in promoting the rule of law, especially in turbulent political circumstances.

In this instance, the Constitutional Court essentially invoked Article 103 of the Electoral Code which sets a list of specific requirements for presidential candidates. The Constitutional Court also considered petitions filed against François Bozizé’s candidacy by the Coalition of Civil Society Organisations to the Special Criminal Court in CAR, and victims’ associations, respectively.

François Bozizé became president of CAR in 2003 through a coup d’état. He was overthrown through a coup d’état by the Séléka rebellion in March 2013. He lived in exile until December 2019. In July 2020, François Bozizé announced his candidacy in the December 2020 presidential elections. 

The Court rejected François Bozizé’s candidacy on the grounds that in March 2014 the Tribunal of First Instance of Bangui had issued an international arrest warrant against him for murder, kidnapping, arbitrary detention, torture, and extrajudicial execution, among other crimes. Crucially, the Court noted that Bozizé was still under UN sanctions, pursuant to Resolution 2127 (2013) of the UN Security Council, later confirmed by Resolution 2536 (2020). According to UN reports, François Bozizé created the anti-Balaka militia group which committed human rights abuses during the political crisis of 2013. He reportedly provided financial and material support to the anti-Balaka militiamen in order to destabilise the then transition and allow him to return to power. 

Another notable candidacy rejection pronounced by the Constitutional Court of CAR in the same 3 December decision concerned former members of armed groups. The Constitutional Court rejected the candidacy of armed group leader, Armel Ningatoloum-Sayo, also investigated for criminal association and embezzlement. In its argument, the Court considered the country’s current political and humanitarian crisis. The Court noted that despite the signature of a Peace Agreement between the Government and armed groups in 2019, armed groups were still controlling most of the country’s territory. The Court subsequently found that the presence of members of active armed groups as candidates in the elections would seriously undermine the “sincerity of the ballot”.  

Due to the lack of a clear definition of “good morality”, the Court relied on a range of external factors such as the existence of legal proceedings against candidates, international arrest warrants, and UN sanctions to determine candidates’ suitability to contest in presidential elections. The Constitutional Court specifically emphasised the overarching principle of the rule of law enshrined in Article 23 of the Constitution, requiring every person living in the national territory to respect in all circumstances the laws and regulations of the Republic. 

Critics of the December 2020 Constitutional Court decision, including Bozizé’s party Kwa na Kwa (KNK), argued that the ruling was politically motivated. They contended that upon his return to CAR, Bozizé had not been prosecuted by any national court, especially the Special Criminal Court (SCC) in the CAR. The SCC was specifically created to prosecute grave human rights violations and serious violations of international humanitarian law committed since 2003 - i.e. when François Bozizé seized power. They also pointed out that François Bozizé came back from exile as a “man of peace” (homme de paix) and that such decision would jeopardize the country’s effort to achieve political stability and unity. Nevertheless, François Bozizé has pledged to abide by the Court decision and his party called for calm and restraint.

A similar situation may be found in the Democratic Republic of Congo (DRC) when the Constitutional Court rejected the candidacy of former Vice President and militia leader Jean-Pierre Bemba in the presidential elections of December 2018. Jean Pierre Bemba had been convicted for witness tampering by the International Criminal Court (ICC). The Constitutional Court ruled, then that “witness tampering was an aggravating circumstance in the country’s fight against corruption”. Remarkably, the Court validated the candidacy of the ruling party’s presidential candidate, Emmanuel Ramazany Shadary, who was under sanctions by the European Union for his involvement in violent repression and arrests of activists and opposition members. It may be argued that in this instance, the DRC Constitutional Court considered an international court sentence (e.g. ICC) to constitute a disqualifying factor for presidential candidates, as opposed to international sanctions (e.g. European Union) for human rights violations.  

Be that as it may, the decision of the Constitutional Court of CAR has had a significant impact on the country’s political and humanitarian landscape. Following the court decision, political tensions increased across the country and armed groups attempted to obstruct the elections. A number of armed groups renounced the 2019 Peace Agreement and announced the formation of a coalition of rebel groups - the Coalition des patriotes pour le changement (CPC). In March 2021, François Bozizé was officially appointed coordinator of the CPC, which includes armed groups that overthrew him in 2013. A criminal investigation has since been opened against him, for rebellion and undermining state security. 

In sum, François Bozizé’s reaction to the Constitutional Court decision pertaining to his “good morality” led to the aggravation of the country’s peace process and worsened a long standing humanitarian crisis. Yet, it is hoped that the Court’s unprecedented decision will change the Central African political configuration. Because of the “good morality” requirement, politicians will be compelled to maintain high moral standards, should they wish to contest in elections. However, the fact that the “good morality” requirement is merely a legal requirement left to the Constitutional Court’s interpretation and not enshrined in the Constitution may incentivise politicians to repeal it. Such reform will still be subjected to a constitutionality review by the Constitutional Court. 

Dr Sonia Vohito is a Legal Policy Specialist at End Corporal Punishment.

Suggested Citation: Sonia Vohito, ‘ The Constitutional Court and the “Good Morality” of Politicians in the Central African Republic’ IACL-AIDC Blog (25 Oct 2021) https://blog-iacl-aidc.org/spotlight-on-africa/2021/10/25/e81u5zhgq231ulsagfi3ead04a5cgd.