The 1994 Constitution of the Central African Republic guarantees equal rights to men and women in all domains of society. Due to chronic poverty and a lack of funding, the Central African Republic government admits that it has been unable to meet its obligation regarding general human rights. Moreover, local traditions that are unfavorable to women remain strong amidst the predominantly rural population.
The Central African Republic enacted a Family Code in 1998 with the aim of strengthening women’s rights, but several conflicting customary laws prevail. As a result, women have a relatively low level of protection within the family. Without exception, husbands are considered the family leaders; women who are single, divorced or widowed — even those with children — are not socially considered to be the heads of their households.
Early marriage is pervasive in the country. A 2004 United Nations report estimated that 42 per cent of girls between 15 and 19 years of age were married, divorced or widowed. At the exact age of 18 years, an estimated 57 per cent of all women are married. This practice has serious consequences in terms of limiting opportunities for girls to acquire adequate schooling or pursue careers.
The practice of polygamy is legal in the Central African Republic but faces growing resistance among educated women. The law allows a man to take up to four wives, but he must indicate at the time of his first marriage contract whether or not he intends to take additional wives. According to a survey undertaken by UNICEF in 1995, 28.4 per cent of women lived in polygamous relationships, including 21.3 per cent of girls between 15 and 19 years of age.
As the head of the family, men have the right to exercise parental authority; they also choose the family residence.
Legally, women have full rights to inheritance. However, discriminatory customary laws often prevail over statutory rights, particularly in rural areas.
Protection for the physical integrity of women in the Central African Republic is low. Violence against women, including wife-beating, is common in the Central African Republic. The law prohibits violence against any person and provides for penalties of up to 10 years’ imprisonment, but does not specifically mention spousal abuse (spousal abuse is considered a penal matter only in the event of severe injury). Victims of domestic abuse seldom report incidents to the authorities; in the event that such incidents are reported and addressed, it is usually done within the family or local community. Similarly, the law prohibits rape but has no specific provisions against spousal rape. Rape in general remains a problem. Amnesty International and other NGOs report that rape was used as a weapon of war in 2002-03.
According to law promulgated in 1966, female genital mutilation (FGM) is prohibited and punishable by up to 10 years’ imprisonment, but young girls continue to be subject to FGM in certain rural areas. The World Health Organization estimates that FGM affects more than 40 per cent of women across the country, with the figure rising to 90 per cent in specific regions. UNICEF estimates that between 1998 and 2005, 36 per cent of women between the age of 15 and 49 had undergone FGM. In 1996, the government established a national committee against traditional practices that affect women’s health. The government and NGOs have also organised numerous campaigns to reduce FGM in rural areas. Data show that its prevalence is declining: the incidence of FGM is 35 per cent among women aged 15 to 19, as compared to 53 per cent among women aged 45 to 49.
There is no evidence to suggest that the Central African Republic is a country of concern in relation to missing women.
The 1994 Constitution states that every person in the Central African Republic has the right to property; relevant law prohibits discrimination in access to land, access to property other than land and access to bank loans. Day-to-day reality and practices observed under customary law often contradict the Constitution and the intent of formal law. Customary law places husbands at the head of the family, thereby granting men authority to limit the rights of women (including single, divorced or widowed women) to access land, property and bank loans.
Women’s civil liberty in the Central African Republic is, for the most part, legally guaranteed. Their freedom of movement is high with regard to daily life, but restricted by the fact that husbands choose the family’s place of residence. The UN Human Rights Committee has asked the Central African Republic to accelerate the process of adapting the Family Code to reflect international standards, particularly with regard to the choice of residence.
There is no reported limitation to women’s freedom of dress.
Afrol News (n.d.), Gender Profile: Central African Republic, www.afrol.com/Categories/Women/profiles/car_women.htm.
Amnesty International (2004), Central African Republic: Five Months of War Against Women, AFR 19/001/2004, Amnesty International, London.
CRC (Committee on the Rights of the Child) (2000), Considerations of Reports Submitted by States Parties Under Article 44 of the Convention: Concluding Observations of the Committee on the Rights of the Child, CRC/C/15/Add. 138, CRC, New York, NY.
CCPR (International Covenant on Civil and Political Rights) (2006), Consideration of Reports Submitted by State Parties Under Article 40 of the Covenant, Concluding Observations of the Human Right Committee Central African Republic, CCPR/C/CAF/CO/2, UN, New York, NY
ECOSOC (United Nations Economic and Social Council) (2003), Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women, E/CN.4/2003/75/Add.1, UN, New York, NY.
IPU (Inter-Parliamentary Union) (n.d.), Legislation and Other National Provisions: Central African Republic, Parliamentary Campaign “Stop Violence Against Women”: Female Genital Mutilation, IPU, Geneva, www.ipu.org/wmn-e/fgm-prov.htm, accessed 20 August 2007.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UNHRC (United Nations Human Rights Committee) (2006), Considerations of Reports Submitted by States Parties Under Article 40 of the Covenant: Concluding Observations of the Human Rights Committee, UNICEF (United Nations Children’s Fund) (2005), Early Marriage: A Harmful Traditional Practice, UNICEF, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Central African Republic, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
