The legal system of Central African Republic
A French-tradition civil-law system whose institutions have been severely disrupted by prolonged conflict. A Special Criminal Court, staffed by national and international judges, prosecutes serious violations alongside ICC proceedings — a hybrid arrangement with few parallels. OHADA governs commercial law.
Legal tradition
Central African Republic belongs to the civil law (french tradition) tradition. A French-tradition civil-law system whose institutions have been severely disrupted by prolonged conflict. A Special Criminal Court, staffed by national and international judges, prosecutes serious violations alongside ICC proceedings — a hybrid arrangement with few parallels. OHADA governs commercial law.
How power is divided
Presidential system with a Prime Minister, a legislature provided for as bicameral under the 2023 text, and a judiciary that includes the hybrid Special Criminal Court.
Where law comes from
- Constitution of 2023
- Adopted by referendum to replace the 2016 text.
- OHADA Uniform Acts
- Directly applicable commercial law.
- CEMAC community law
- Regional economic and monetary rules.
- Laws and ordinances
- Legislative and delegated instruments.
- Customary law
- Widely applied in practice outside Bangui.
The legal profession
Avocats admitted through the Ordre des avocats de Centrafrique; the profession is small and concentrated in Bangui.
Law by topic in Central African Republic
- Immigration & NationalityCEMAC free movement over a limited national frameworkEntry and residence are governed by mid-century legislation and decrees, with CEMAC nationals entitled to free movement. Both refugee reception and large-scale outward displacement are governed by the asylum framework and international arrangements.
- Property & LandState-held land with customary occupation predominatingLand legislation vests untitled land in the state and provides for registration, but very little land is registered outside Bangui. Mining and forestry concessions are the economically significant land interests.
- Civil ProcedureFrench-derived procedure with OHADA enforcementCivil procedure follows the received French model, with OHADA's recovery and enforcement Act governing execution. Court functioning outside Bangui has been repeatedly interrupted by conflict.
- Constitutional LawThe 2023 constitution, replacing the 2016 post-conflict textThe 2016 constitution restored constitutional order after the 2013 Séléka conflict and the transitional period. It was replaced by a new constitution approved by referendum in July 2023, which extended the presidential term to seven years and removed the two-term limit.
- Criminal LawA 2010 Penal Code alongside the Special Criminal CourtThe Penal Code of 2010 governs ordinary offences. Grave international crimes committed since 2003 fall to the Special Criminal Court, a hybrid national court with international personnel, while the ICC has also exercised jurisdiction over CAR situations.
- Employment & LabourThe 2009 Labour CodeLaw 09.004 governs contracts, hours and dismissal, with the statutory week at 40 hours. The formal labour market is very small, so the Code's practical reach is limited to the public sector and a narrow formal private sector.
- Tax LawA General Tax Code amended annually within CEMAC VAT rulesThe Code Général des Impôts is amended by annual finance law, with corporate income tax at 30% and VAT at 19% under the CEMAC directive. Collection capacity is limited and much activity is informal.
- Family LawThe Family Code of 1997, with custom applying widely in practiceThe 1997 Family Code governs marriage, filiation and succession, setting a minimum marriage age and regulating matrimonial regimes. Customary practice governs much of the country in fact, and the 2006 statute addressed reproductive health and violence against women.
- Business & CorporateOHADA Uniform Acts as directly applicable commercial law, with the CCJA as final appealCommercial law is not primarily national. The OHADA Uniform Acts apply directly and take precedence over conflicting domestic provisions, and the Cour commune de justice et d'arbitrage (CCJA) in Abidjan — not the national supreme court — is the final instance on their interpretation. Commercial activity is concentrated in Bangui and the diamond and timber sectors are governed by separate mining and forestry codes.
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