Article Central African Republic: Law Enacted to Protect Human Rights Defenders

On December 27, 2024, the National Assembly of the Central African Republic adopted a aimed at protecting human rights defenders. (Loi portant promotion et protection des défenseurs des droits de l’Homme.)

Background

In January 2006, several human rights defenders in the Central African Republic were subjected to serious threats and intimidation. This incident highlighted the precarious situation of human rights defenders in the country, underlining the need for stronger legal protection.

On August 8, 2024, the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) launched a project dedicated to protecting human rights defenders in the Central African Republic. This initiative, developed in collaboration with the Central African government, MINUSCA, and various partners, aimed to raise awareness among political and social stakeholders about the project’s objectives and encourage their engagement. This 24-month, nationwide project was funded by the European Union in the amount of 1,300,000 euros (around US$1,339,500).

The launch event brought together key figures, including the President of the National Human Rights Commission, the Minister of Justice, and the Deputy Special Representative of the United Nations Secretary-General for the Central African Republic. This project served as a foundation for drafting and adopting the law on the protection of human rights defenders. It emphasized the need to strengthen the Central African Republic’s legal framework for human rights protection and garnered essential support from national authorities and international partners. These efforts culminated in the National Assembly’s unanimous adoption of the law on December 27, 2024.

Provisions of the Law

The law defines human rights defenders as individuals, journalists, activists, lawyers, organizations and institutions working to promote and protect human rights and fundamental freedoms. (Art. 1.) It guarantees them several rights, including

• • freedom of association and peaceful assembly
  • the right to seek and obtain information on human rights
  • freedom to publish and disseminate information on human rights
  • the right to criticize and propose improvements to state institutions
  • protection against prosecution for their legitimate activities (Arts. 3-6.)

The law also asserts the State’s commitment and intention to implement national or regional, continental or international laws relating to human rights, such as the Kigali Declaration, the African Charter on Human and Peoples’ Rights, and the United Nations Declaration on Human Rights Defenders. (Art. 2.)

The legislation introduces enhanced security mechanisms for human rights defenders, provides legal support in their activities, and establishes safeguards against reprisals against them. The law imposes several obligations on the government of the Central African Republic, including:

• • protecting defenders and facilitating their work, including
    • facilitating lawful access to locations where individuals are deprived of liberty
    • ensuring access to places and information necessary for the work of human rights defenders
    • providing information regarding human rights violations or breaches of fundamental freedoms occurring within the national territory or under its jurisdiction, including those committed by authorities
    • promoting and acknowledging the legitimate and publicly significant role, activities, and contributions of human rights defenders (Art. 13.)
  • guaranteeing a safe environment for their activities, including taking all necessary measures to prevent and protect them against any form of intimidation or reprisal by any public or private actor against them (Art. 19.)
  • investigating violations of their rights (Art. 17.)
  • ensuring access to justice and effective remedies (Art. 18.)
  • promoting human rights education (Art. 20.)
  • implementing emergency protection measures where necessary (Art. 21.)
  • taking all necessary measures to assist human rights defenders abroad who are subject to intimidation or reprisals because of their status or activities (Art. 22.)

Under the law, human rights defenders are required to comply with national and international laws, act impartially, and uphold democratic principles while respecting the rights of others. (Art. 9.) They can also submit annual reports detailing their activities. (Art. 11.)

In a press release issued on January 6, 2025, Yao Agbetse, the United Nations Independent Expert on the human rights situation in the Central African Republic, praised the law, stating,

This historic legislation marks a crucial step in the recognition and protection of organizations and individuals who dedicate their lives to the defense of fundamental rights, and the preservation of their operating space.

Hanan Talbi, Director of MINUSCA’s Human Rights Division, also welcomed the law, emphasizing its significance:

It’s a very important step forward for the Central African Republic in terms of strengthening the legal framework for the protection of human rights, in the CAR in general, but also for the protection of human rights defenders in particular. There was no law, no legal framework that defined what a human rights defender was until now, and which defined the framework for the intervention of human rights defenders in the country. (translation by author)

Louis Gilbert, Law Library of Congress
January 17, 2025

Read more Global Legal Monitor articles.