CENTRAL AFRICAN REPUBLIC

The Central African Republic (CAR) is a constitutional republic of approximately
4. 5 million that is governed by a strong executive branch ; the legislative and
judicial branches are weak . Former a rmed forces Chief of Staff General Francois
Bozize seized power in a military coup in 2003 and was elected president in 2005
elections . N ational and international observers judged the elections to be generally
free and fa ir despite some irregularities. Bozize ‘s term as president was stipulated
under the constitution to expire on June 11 . However, on May 10, the National
Assembly passed a constitutional amendment that extended the terms of the office
of the president and the National Assembly until electi ons . Poor preparations and a
lack of funding led the government to delay the constitutionally mandated
presidential and legislative elections scheduled during the year ; as of year ‘s end ,
the elections we re scheduled for early 2011. Fighting between nonstate armed
entities , as well as between nonstate armed entitie s and government security forces,
increased, and much of the northwestern, northeastern, and extreme southeastern
regions remained outside of government control. The illegal trade in diamond s
contributed to conflict and human rights abuses in some parts of the country.
Banditry remained a serious threat to civilians throughout the northern province s.
There were instances in which elements of the security forces acted independently
of civilian control .

Principal human rights abuses included security forces continuing to commit
extrajudicial executions in the N orth , torture, beatings, detention, and rape of
suspects and prisoners; impunity, particularly among the armed forces ; harsh and
life -threatening conditions in prisons and detention centers; arbitrary arrest and
detention, prolonged pretrial detention, and denial of fair trial; occasional
intimidation and restrictions on the press; restrictions on freedom of movement ;
of ficial corruption; and restrictions on workers ‘ rights. Mob violence resulted in
deaths and injuries. Societal abuses included female genital mutilation (FGM),
discrimination against women and Pygmies; trafficking in persons; forced labor;
and child labor, including forced child labor. Freedom of movement remained
limited in the N orth because of actions by state security forces, armed bandits, and
other nonstate armed entitie s. Sporadic fighting between government forces and
nonstate armed entitie s continued to displace persons internally and increase the
number of refugees.

Nonstate a rmed entitie s, some of which were unidentified, continued to kill, beat,
and rape civilians and loot and burn villages in the N orth. Nonstate armed entities

CENTRAL AFRICAN REPUBLIC 2
kidnapped, beat, raped, and extorted money from local populations. There were
reports of children as young as 12 years old serving as fighters in nonstate arme d
entitie s.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

Unlike the previous year, t here was one allegation that the government or its agents
killed a member of opposing political groups . Soldiers, particularly the presidential
security forces (presidential g uard), killed civilians they suspected of being road
bandits or supporting nonstate armed entitie s. Both government security forces and
nonstate armed entitie s killed civilians in the course of conflict in the N orth (see
section 1.g.).

During the year there were numerous credible reports that elements of the security
forces, including the Central African Armed Forces (FACA), and particularly the
presidential guard, committed unlawful killings while apprehending suspects and,
allegedly, in connection wit h personal disputes or rivalries. Authorities appeared
unwilling to prosecute personnel of the presidential guard for extrajudicial killings
(see section s 1.d. and 1.g .).

There were no further developments in the following 2009 killings: the February
bea ting death of Police Commissioner Daniel Sama by a senior member of the
presidential guard ; the April killing of suspected thieves Maxime Banga and Adam
Demori , allegedly by members of the Central Office for the Repression of Banditry
(OCRB ); and the June killing of a butcher in Bangui by a gendarme and a member
of the Research and Investigation Services (SRI) .

Security forces continued to commit e xtrajudicial killings (see section 1.g.) .

Unlike the previous year, the Permanent Military Tribunal (PMT) did not
adjudicate crimes committed by armed forces personnel (see section 1.d.) . The
PMT did not meet during the year as President Bozize declined to fill vacancies on
the tribunal .

There were no reports of the government prosecuting any OCRB personnel for
killings committed in 2008 .

CENTRAL AFRICAN REPUBLIC 3

There were no developments in the case of presidential guard member Boris
Namsene, who shot and killed five persons in 2008 in Bangui before his apparent
murder three days later.

In May villagers in Dissikou , located in Kaga Bandoro Province , killed two
Mbororo men after the Mbororo accused the villagers of stealing their cattle. No
intervention by the gendarmes based in the village took place , and there w ere no
further developments by year ‘s end.

In mid October residents of Bozoum , Ouham Pende Province, killed a suspected
thief. According to a humanitarian worker , local gendarmes took part in the killing.
Gendarmes claimed that they had no way of knowing who was responsible for the
killing and did not plan on prosecuting anyone.

In November a member of the presidential guard , Elian Ngouyombo , shot and
killed a 13 -year -old boy in the eighth district of Bangui after a night guard who
was watching a neighbor ‘s h ouse claimed the boy was trying to break into a bar
owned by a member of the presidential guard . The soldier was arrested but was
released a week later . No further information was available at year ‘s end .

Armed bandits have contributed to instability for many years and continued to kill
civilians. In the central part of the country, nonstate armed entitie s known as
“zaraguinas ” engaged in kidnappings, at times killing family members of
individuals who could not or would not pay ransom. Although information about
these armed entitie s was difficult to obtain, aid workers and UN officials described
them as a combination of common c riminals and remnants of insurgent groups
from the recurring conflicts in the region.

There was no investigation into the 2008 death of Nganatouwa Goungaye
Wanfiyo, a leading human rights activist near Sibut.

Civilians reportedly continued to kill person s suspected of being sorcerers or
witches.

There was no additional information regarding the killing of two individuals
suspected of witchcraft by members of a nonstate armed entity , Popular Army for
the Restoration of the Republic (APRD) , in June near Kaga Bandoro.

b. Disappearance

CENTRAL AFRICAN REPUBLIC 4

Hassan Ousman , leader of the National Movement for the Sal vation of the People ,
and member of the Follow -up Committee of the 2008 Inclusive Political Dialogue –
-which brought together the government, rebel groups, civil society , and the
democratic opposition in an effort to negotiate a power -sharing agreement and end
a number of insurgencies underway since 2005 –disappeared in December 2009.
According to family members , the last time Ousman communicated with them was
the day prior to his disappearance . Two fa mily members who travelled to
Bossembele to collect information about his possible detention were arrested and
detained without charge for several weeks before being released. As of year ‘s end,
no further information about his disappearance was available .

During the year several nonstate armed entitie s kidnapped Mbororo children and
young adults and held them for ransom.

The Lord ‘s Resistance Army (LRA) continued to abduct men, women, and children
in the southeastern part of the country (see section 1.g.) .

The two foreign resident nongovernmental organization ( NGO ) workers taken
hostage in November 2009 in Birao were released in March.

No further information was available on the December 2009 disappearance of
Charles Mas si, a member of the nonstate armed entity Convention of Patriots for
Justice and Peace (CPJP) and a former minister (see section 1.g .).

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment

Although the law and the constitution prohibit torture and specify punishment for
those found guilty of physical abuse, police and security services continued to
torture, beat, and otherwise abuse criminal suspects, detai nees, and prisoners,
according to local human rights groups such as the Central African Association
Against Torture (ACAT) and the Central African Human Rights League (LCDH).

The government did not punish police who tortured suspects, and impunity
remaine d a serious problem (see section 1.d.) . Family members of victims and
human rights groups, including the Central African H uman Rights Monitoring
Group (OCDH), filed complaints with the courts, but authorities took no action.
Members of the armed forces raped, robbed, and abused civilians in conflict and
nonconflict areas. Human rights lawyers report ed that victims of abuse by

CENTRAL AFRICAN REPUBLIC 5
authorities we re often pressured by relatives not to pursue their cases out of fear of
reprisal.

According to ACAT, torture and b eating of detainees occurred frequently in
detention centers run by the SRI and the OCRB. Police employ ed several forms of
torture , including “le cafe, ” which entail ed the repeated beating of the soles of an
individual ‘s feet with a baton or stick. Immediately after administering the beating,
police would sometimes force the victim to walk on badly bruised feet and, if the
individual was unable to do so, they continued the beating (see section 1.g .).

For example, o n April 9, authorities arrested Abdelsalem Doungouss, a lieutenant
in the Water and Forest Ranger Service in Ndele, on accusations of complicity
with the CPJP militia. During his initial arrest, members of the armed forces
tortured him before transferring him to the SRI prison in Bangui, where he spent
two months before being released on June 10 for lack of evidence. There were no
reports of authorities taking action against those responsible .

Authorities tortured an individual suspected of being a member of the CPJP (see
section 1.d.).

Authorities took no action in the following 2009 cases: the severing of three
fingers of a man accused of stealing electrical cable by a presidential guard
member in Bossa ng oa, and the June beating and burning of 15 -year -old Angele
Ndarata , accused of witchcraft by the parents of a boy who drowned in the
Oubangui river and a court clerk who authorized the torture .

Authorities took no action in any of the following cases of abuse by members of
security forces in Bangui in 2008: the severe beating of a man in Bangui by
Corporal Zilo and five of his FACA colleagues in July; the beating of a man and
his sister by Lieutenant Olivier Koudemon, a member of the presidential guard, in
August; the severe beating of a suspect at OCRB and SRI police headquarters in
October; or the beating of several individuals by Koudemon in December.

Civilians continued to suffer mistreatment in territories controlled by nonstate
armed entitie s (see section 1.g.).

Members of security forces, particularly the armed forces , reportedly raped
civilians, although throughout the country sexual assaults were rarely reported.
Security personnel rarely were punished.

CENTRAL AFRICAN REPUBLIC 6
There were no further developments in the ongoing Interna tional Criminal Court
investigation into the 2005 charges against former president Ange -Felix Patasse
and others for crimes against humanity, including rape, committed prior to and
during the 2003 coup.

Civilians continued to take vigilante action against suspected thieves, poachers ,
and “witches .”

Civilians reportedly continued to injure and torture persons suspected of being
sorcerers or witches . Mob violence was widespread and cases were underreported.

In April villagers in the town of Pend e burned to death a women accused of
witchcraft. There were no further developments by year ‘s end.

In July a prison official in Mobaye, Basse -Kotto Province, accused Angele
Ndarata, a 15 -year -old girl , of using witchcraft to cause the death of his wife . He
subsequently ordered detainees to pour kerosene on her arms and set them on fire .
The girl suffered severe burns. This was the second time the girl had been accused
and tortured due to witchcraft claims. There were no further developments by
year ‘s end.

In early September , villagers in Bocaranga murdered a man accused of bewitching
and causing the death of another man. There were no further developments by
year ‘s end.

In September the High Court in Bangui found four persons, including two children ,
res pectively 10 and 13 years old , guilty of witchcraft and charlatanism. No further
information about their fate wa s known at year ‘s end .

In October the APRD arrested and detained four pe rsons in Mb ereguili village
after being accused of witchcraft. All four were tortured before being released.

Authorities t ook no action in the following 2009 sorcery -related cases: the June
beating of a woman i n the village of Ngoumourou and the June beating of a
woman and her child in Kaga Bandoro .

No action was taken against the mob that beat 13 -year -old Vivian Ngoupande in
August 2009. A t year ‘s end , Vivian was living with her aunt in another town.

Prison and Detention Center Conditions

CENTRAL AFRICAN REPUBLIC 7

Prison conditions were extremely harsh and , in some cases , life threatening. Prison
conditions outside Bangui generally were even worse than those in the capital.
Police, gendarme investigators, and presidential guards assigned as prison wardens
continued to subject prison inmates to torture and other forms of in human, cruel,
and degrading treatment. Many prisons in the country lacked basic sanitation and
ventilation, electric lighting, basic and emergency medical care, and access to
potable water.

Prison cells were overcrowded , and basic necessities, including f ood, clothing, and
medicine , were inadequate and often confiscated by prison officials. Prisoners
depended on family members to supplement inadequate prison meals and
sometimes were allowed to forage for food near the prison. According to a number
of international observers and priso n officials, prison detainees outside Bangui
received no food from prison authorities and sometimes had to pay bribes to prison
guards to secure food brought to them by their relatives. As in previous years, there
continued to be reports of deaths in priso n due to adverse conditions and
negligence, including lack of medical treatment and inadequate food. According to
the director of prisons at the Ministry of Justice, two death s attributed to adverse
conditions were reported in Bangui ‘s Ngaragba prison duri ng the year .

Prisoners and detainees had reasonable access to visitors and were permitted
religious observance. The Attorney General ‘s O ffice granted visitation privileges,
but in practice those wishing to visit prisoners often had to bribe prison guards and
officials .

According to several human rights lawyer s, prison det ainees have the right to
submit complaint s in the case of ill treatment during their detention ; for the
minority of detainees who had lawyers , it wa s generally their lawyers who apprised
judicial authorities about ill treatment of their client s. V ictim s hesitate d to lodge
formal complaints out of fear of reprisal from prison officials . A uthorities rarely
initiate d investigation s of abuses in the prison system .

Prison administrators submit ted reports describing the poor detention conditions,
but these reports did not result in any action.

A census conducted by the UN Development Program (UNDP) in Bozoum Prison
in January and February 2009 indicated 80 percent of prisoners complained of foo d
shortage s.

CENTRAL AFRICAN REPUBLIC 8
Prisoners frequently were forced to perform uncompensated labor (see section
7.c.).

Male and female prisoners were held in separate facilities in Bangui. Elsewhere,
male and female prisoners were housed together, but in separate cells. Juveniles
were sometimes held with adult prisoners.

Pretrial detainees were not held separately from convicted prisoners . As of
December, there were 1,320 prisoners in the country. The country’s prison
population decreased by 38.46 percent from 2009 level s, largely as result of a
decree signed by President Bozize on the anniversary of the country’s
independence on December 1. President Bozize granted amnesty to prisoners with
sentences that ranged from a few months to no more than five years .

There were two prisons in Bangui, Ngaragba for men and Bimbo Central Prison
for women. Inmates with infectious diseases were not segregated from other
inmates. A nurse was available at the two prison s for inmates needing medical
care. Detainees and inmates at both prisons received one meal per day. Food was
insufficient , and prisoners complained of inferior ingredients. Inmates slept on the
floor or on thin matting provided by families or charities. Authorities at the Bangui
prison permitted detainees ‘ fami lies to make weekly visits.

As of December, there were 152 inmates in Ngaragba Prison ; 102 of them we re
pretrial detainees. Several detainees had been held for seven months without
appearing before a judge. Five prisoners were detained on accusations of s orcery.
The more crowded cells each held approximately 30 to 40 inmates. Prisoners
usually slept on bare concrete and complained that water supplies were inadequate.
In the section reserved primarily for educated prisoners and former government
officials s uspected or convicted of financial crimes, cells held four to eight
persons.

On January 23, Ngaragba prison closed for three weeks as a result of damages
caused to the building by detainees rioting against the new prison director ‘s
disciplinary rules. For three days , prisoners tore apart their cells and threw rocks
and chunks of concrete at riot police standing outside the prison walls. Authorities
emptied t he prison during the period of repairs a nd housed prisoners at various
Bangui p olice stations, gendarmerie centers , and the OC RB’s and SRI ‘s detention
centers. Reports suggest ed that the perceived ring leaders of the riot received
“special treatment ,” indicating rougher than usual punishment , while in detention at
the OCRB. After the rehabilitation , all the deta inees were returned to Ngaragba.

CENTRAL AFRICAN REPUBLIC 9

As of December , Bimbo Central Prison held 33 female inmates, 21 of whom were
pretrial detainees. Several had been detained for months and had not appeared
before a judge; few had lawyers. Prison officials allowed sick detainees to be
treated by a nurse who visited regularly. Overcrowding was reportedly not a
problem, and children younger than five years old were allowed to stay with their
mothers at the prison . In December a prison guard at Bimbo Central Prison, Andre
Mangai, attempted to rape prisoner Ivonne Paki and left her with several injuries.
Ivonne Paki ‘s lawye r filed a complaint with the general prosecutor , and the case is
currently followed by OCDH. The guard was immediately assigned to another
prison , and the case wa s still under review by the court at the end of the year .

On September 11 , a military guard at the prison in the town of Boda , Corporal
Armand Ngagouni, sexually assaulted Ivonne Kokombe, who was being detained
for sorcery. The sexual assault resulted in serious injuries. The case was reported
by OCDH and taken to court , although no decision had been made by year ‘s end.

Conditions in detention centers were worse than those in prisons and , in some
cases , were life threatening. Bangui ‘s police detention centers consisted of
overcrowded cells with very little light and leaky buckets for toilets. Po or
sanitation and negligence by authorities posed a serious health risk to detainees.
According to local human rights groups, lack of training and poor supervision at
detention centers were serious problems and continued to result in torture and
beatings. Suspects in police and gendarmerie cells had to depend on family,
friends, religious groups, and NGOs for food. Detainees with infectious diseases
were not segregated from other detainees, and medicine was not available.
Suspects generally slept on bare ce ment or dirt floors. Corruption among guards
was pervasive. Guards often demanded between 200 -300 CFA francs ($0. 40 –
$0.60 ) to permit showers, delivery of food and water, or family visits.

International observers noted that the detention center in the gendarmerie in Bouar
had neither windows nor a toilet, only a bucket that was emptied every other day.
Detainees at the police facility in Bouar slept chained to each other, a measure the
polic e justified by alleging the detainees were recidivists and undisciplined.

In Bangui male and female detainees were separated; however, this was reportedly
not the case in jails and temporary detention facilities in the countryside. There
were no separate detention facilities for juvenile detainees, who routinely were
housed with adults and often subjected to physical abuse.

CENTRAL AFRICAN REPUBLIC 10
According to a June report by the UN Secretary -General to the UN Security
Council, escapes by detainees , including incarcerated membe rs of the armed
forces , have become prevalent, critically affecting the fight against impunity .

The government restricted prison visits by human rights observers. Although
international observers were not entirely denied visits, the government delayed
responses to visit requests, often for weeks or months. The International
Committee of the Red Cross (ICRC) and religious groups routinely provided
supplies, food, and clothes to prisoners. The ICRC had unrestricted access to
prisoners; however, access for some other observers was at times limited to certain
areas of a given facility. There wa s no ombudsman system in the country .

Adopted by the N ational Assembly during the year, the government budget
included a n increase of 1.7 percent for the Ministry of Justice . However, this action
did not translate into a significant increase of resources devoted to prisons or
detention centers .

In its national report submi tted in February 2009 to the UN Office of the High
Commissioner of Human Rights (UN O H CH R’s) Universal Periodic Review
Working Group ( UPRWG ), the government claimed the following improvements:
construction or renovation of prison s in Sibut, Kaga -Bandoro, Boss angoa,
Bata ngafo, Berberati, Bossembele, and Bozoum; training for prison wardens and
direc tors; demilitarization of prison facilities; and separation of the sexes in Bangui
prisons. By year ‘s end, rehabilitation work was completed at all of the locations
according to the Ministry of Justice. The prisons constructed in Bria and Bouca
hold 120 and 100 pe rsons respectively .

In April approximately 15 domestic NGOs, with assistance from the UNDP,
created the coordinated prison action (CAP), an awareness -building mechanism
designed to increase monitoring of prison and detention center co nditions. The
Ministry of Justice said it supported the body in principle but demanded that
representatives from the government be included, causing some NGOs to express
concern about the CAP ‘s independence. At year ‘s end , the Ministry of Justice had
not y et agreed to the proposed monitoring framework through which prisons could
be accessed .

d. Arbitrary Arrest or Detention

The law provides protection against arbitrary arrest and detention and accords
detainees the right to a judicial determination of the legality of their detention;

CENTRAL AFRICAN REPUBLIC 11
however, security forces frequently ignored such provisions, and arbitrary arrest
and detenti on remained problem s.

On April 23, a FACA detachment arbitrarily arrested Balala Fotour in
Zoukoutouniala, near Ndele , on allegations of being a member of CPJP. After
severe ly tortur ing and making death threats against Fotour , the FACA transferred
him to the SRI in Bangui, where he spent three months before being transferred to
Ngaragba prison where he remained in detention at year ‘s end . According to
Fotour, he travelled to a CPJP controlled area to visit a sick family member and
had nothing to do with CPJP.

On June 9, t he burning of Rayan Supermarket in Bangui resulted in the arrests of
11 persons , including Bienvenu Ngaro, Prosper Gbanga, Michelle Bengba, Lin
Maximin, Crozi n Cazin, Austin Moudjikem, Michael Boda Makpevode, Mathurin
Ngozoua Mamadou, Ngere Koundangba , and Mathurin Francisco Willibona
without due process. The two main suspects, Symphorien Balemb y, president of
the Central African Bar Association and Jean Daniel Nd engou, first vice president
of the Economic and Social Council attached to the N ational A ssembly, remain ed
at large at year ‘s end . On June 10, a uthorities arrested Albertine Kalayen Balemby,
wife and secretary of Symphorien Balemby, and Gabin Ndengou, brother of Jean
Daniel Ndengou and driver for the World Health Organization. The prisoners were
transferred without due process to Bossembele Presidential G uard D etention
Center located 91 miles from Bangui. According to Amnesty International, the
detainees we re reported to have been c harged with arson, inciting hatred , and
criminal association . In an act described as illegal by the Central African Bar
Association, security forces searched Balemb y’s office without the presence of a
lawyer. To protest against these practices , the Central African Bar A ssociation
went on strike on June 12 but resumed activities on August 7 after the attorney
general agreed to conduct an investigation. At year ‘s end, 11 pers ons remained in
custody , and the investigation was ongoing .

Role of the Police and Security Apparatus

The Ministry of the Interior and Public Security, through the director general of
police, over sees the activities of the national police, including the OCRB. The
Ministry of Defense oversees armed forces, including the presidential guard, the
national gendarmerie, and the SRI. The police and the armed forces share
responsibility for internal security.

CENTRAL AFRICAN REPUBLIC 12
Police were ineffective; they severely lacked financial resources, and their salaries
were often in arrears. Citizens ‘ lack of faith in police led at times to mob violence
against persons suspected of theft and other offenses.

During a visit to the country in February, UN High Commissioner for Human
Rights Navi Pillay identified impun ity for human rights abuses as one of the most
daunting challenges facing the country. “Summary executions, enforced
disappearances, illegal arrests , and detention are all issues that have surfaced in
connection with state security and defense institutions, ” she said, “and strenuous
efforts need to be made to put an end to these extremely serious abuses of power. ”

Mechanisms existed for redres s of abuses by members of the police and armed
forces . Citizens filed complaints with the public prosecutor. The most common
complaints involved theft, rape, brutality, and embezzlement. Impunity remained a
severe problem. Although the prosecutor had the ability to exercise authority and
order the arrest of police officers suspected of committing abuses, the prosecutor ‘s
staff was small and severely underfunded. There w as at least one prosecution of a
police officer during the year, according to the deput y prosecutor .

In October a police officer was caught stealing money from a person under arrest
at a police station in Bangui . The incarcerated person ‘s lawyer took the case to
court, but no further action was taken by year ‘s end .

The PMT did not meet du ring the year , although it normally h olds two yearly
sessions . According to an official from the Ministry of Justice, the PMT did not
hold any session s because the positions of the president, prosecutor, and deputy
prosecutor of the tribunal remain ed unfilled.

In June the country ‘s delegation at the UNOHCHR told the UPRWG the country
faced challenges implementing military justice, particularly because prison guards
who belonged to the armed forces allowed or facilitated escapes for detained
armed forces personnel (see section 1.c.).

During the year, in cooperation with the government, the Human Rights Section of
the UN ‘s Integrated Office in the Central African Republic (B INUCA) continued to
collect complaints of human rights abuses committed by m embers of the security
forces, including FACA soldiers , and by non state actors . It continued to investigate
abuses and share information with the public prosecutor to facilitate the fight
against impunity. In addition BINUCA provided more than 120 members of the
security forces, including police officers and gendarmes, with international

CENTRAL AFRICAN REPUBLIC 13
humanitarian law and human rights training; it also provided similar training for
100 armed forces personnel of the multinational Mission for the Consolidation of
Peace (MICOPAX).

BINUCA maintained UN human rights observers in three regional UN offices in
the northwestern and central regions. While BINUCA reported on human rights
and worked with the local human rights community, local and international
observers have cri ticized its human rights section in recent years for its inability or
refusal to bring such abuses to light or demand redress.

As part of its efforts to protect citizens and safeguard property, the government
continued to conduct joint security operations with several hundred regional armed
forces peacekeepers in the capital and selected cities in the N orthwest. The
government also conducted joint operations with the UN Mission in the CAR and
Chad in the northeastern Vakaga Province .

Arrest Procedures an d Treatment While in Detention

Judicial warrants are not required for arrest. The law stipulates that persons
detained in cases other than those involving national security must be informed of
the charges against them, and brought before a magistrate within 48 hours. This
period is renewable once, for a total of 96 hours. In practice authorities often did
not respect these deadlines, in part due to inefficient judicial procedures and a lack
of judges. In several police detention centers, including the SRI, detainees were
held for more than two days and often for weeks before authorities brought their
cases before a magistrate. The head of the SRI stated that the SRI lacked the
human resources and basic equipment such as computers to process cases in a
timely manner.

The law allows all detainees, including those held on national security grounds, to
have access to their families and to legal counsel. Indigent detainees may request a
lawyer provided by the government, although it was not known if this rig ht was
often invoked. Detainees are allowed to post bail or have family members post bail
for them. In most cases , lawyers and families had free access to detainees, but
incommunicado detention occasionally occurred.

There were different standards for tre atment of detainees held for crimes against
the security of the state. National security detainees may be held without charge for
up to eight days, and this period can be renewed once, for a total of 16 days.
However, in practice such persons were held wit hout charge for longer periods.

CENTRAL AFRICAN REPUBLIC 14

In September 2009 the N ational A ssembly adopted revised penal and criminal
procedure code s. U nder these reforms , detainees gained the right to have access to
attorneys immediately after arrest. However, many detainees were not able to
exercise this right because of the costs of hiring a lawyer and a lack of
understanding of the ir rights under the law.

According to BINUCA ‘s human rights section, arbitrary arrest was a serious
problem and was the most comm on human rights abuse committed by security
forces during the year .

During the year authorities continued to arrest individuals, particularly women, and
charge them with witchcraft, an offense punishable by execution, although no one
received the death penalty during the year. Prison officials at Bimbo Central Prison
for w omen stated that accused witches were detained for their own safety, since
village mobs sometimes killed suspected witches. Near the end of the year , Bangui
prison officials estimated that 18 percent of female detainees had been arrested for
purported witchcraft.

During a visit in February, UN High Com missioner for Human Rights Pillay
voiced deep concern over the targeting of women accused of being witches, “a
gender -based calumny that has no place in any society in the 21st century. ”

Prolonged pretr ial detention was a serious problem. At year ‘s end , pretrial
detainees constituted approximately 67 percent of Ngaragba Central Prison ‘s
population and an estimated 63 percent of Bimbo Central Prison ‘s population.
Detainees usually were informed of the charges against them; however, many
waited in prison for several months before seeing a judge. Judicial inefficiency and
corruption, as well as a shortage of judges and severe financial constraints on the
judicial system, contributed to pretrial delays. So me detainees remained in prison
for years because of lost files and bureaucratic obstacles.

In December President Bozize granted amnesty to prisoners with sentences that
ranged from a few months to no more than five years (see section 1.c.) .

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary; however, the judiciary
remained subject to executive branch influence and, despite government efforts to
improve it s capacity , the judiciary was inadequate to meet its tasks.

CENTRAL AFRICAN REPUBLIC 15

Durin g a visit in February, UN High Commissioner for Human Rights Pillay
expressed concerns about the judiciary ‘s lack of independence. However, she
praised the National Assembly ‘s revision during the year of penal and criminal
procedure codes, which she said w ould help bolster the independence of the
judiciary and bolster the fight against impunity for human rights abuses.

The courts continued to suffer from inefficient administration, a shortage of trained
personnel, growing salary arrears, and a lack of mate rial resources. Less than 1
percent of the annual national budget was devoted to the Ministry of Justice.
According to a Ministry of Justice source, during the year there were 124
magistrates working in the entire country . M any citizens effectively lacked access
to the judicial system. Citizens often had to travel more than 30 miles to reach one
of the 38 courthouses. Consequently, traditional justice at the family and village
level retained a major role in settling conflicts and administering punishment.

There were numerous reports that, in reaction to judicial inefficiency, citizens in a
number of cities organized to deal with cases through parallel justice and
persecution, such as mob violence, or resorted to neighborhood tribunals and
appeals to local chiefs. Citizens also sought such resort in cases of alleged
witchcraft.

Trial Procedures

According to the penal code, defendants are presumed innocent until proven guilty.
Trials are public, and defendants have the right to be present and to consult a
public defender. Criminal trials use juries . If an individual is accused of a serious
crime a nd cannot afford a lawyer, the government has an obligation to provide one.
In practice the government provided counsel for indigent defendants, although this
process was often slow and delayed trial proceedings due to the state ‘s limited
resources. Defend ants have the right to question witnesses, to present witnesses
and evidence on their own behalf, and to have access to government -held evidence.
Defendants have the right to appeal. The law extends these rights to any citizen,
including women. The governm ent generally complied with these legal
requirements. The judiciary, however, did not enforce consistently the right to a
fair trial, and there were many credible reports of corruption within the court
system. One indigenous ethnic group in particular, the Ba ‘Aka (Pygmies),
reportedly was subject to legal discrimination and unfair trials .

CENTRAL AFRICAN REPUBLIC 16
Authorities occasionally tried cases of purported witchcraft in the regular courts .
W itchcraft is punishable by execution although the state imposed no death
sentences du ring the year. Most individuals convicted of witchcraft received
sentences of one to five years in prison; they could also be fined up to 817,800
CFA francs ($1, 636 ). Police and gendarmes conducted investigations into alleged
witchcraft. During a typical w itchcraft trial, authorities called practitioners of
traditional medicine to give their opinion of a suspect ‘s ties to sorcery, and
neighbors occasionally served as witnesses. The law does not define the elements
of witchcraft, and the determination lies s olely with the magistrate.

Political Prisoners and Detainees

There were no reports of political prisoners or detainees.

Authorities granted B INUCA ‘s human rights unit and human rights and
humanitarian NGOs limited access to prisoners and detainees, although
bureaucratic requirements for visits and delays significantly restricted their
frequency during the year.

Civil Judicial Procedures and Remedies

The constitution provides for an independent judiciary in civil matters, and citizens
had access to a court to bring lawsuits seeking damages for, or cessation of, a
human rights violation; however, there was a widespread perception that judges
were bribed easily and that litigants could not rely on courts to render impartial
judgments. Many courts were understaffed, and personnel were paid poorly.

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

The law prohibits searches of homes without a warrant in civil and criminal cases;
however, police sometimes used provisions of the penal c ode governing certain
political and security cases to search private property without a warrant.

Further developments in the June 2009 attack on the house of Minister of Regional
Development Marie Reine Hassen w ere hindered by the PMT ‘s inability to meet
before year ‘s end . The PMT has not met since April 2009 .

Local journalists claimed that the government tapped their telephones and harassed
them regularly by telephone.

CENTRAL AFRICAN REPUBLIC 17

g. Use of Excessive Force and Other Abuses in Internal Conflicts

Internal conflict continued in seven northern province s and the Southeast. Despite
the signing of the comprehensive peace accord in 2008 between the government
and four nonstate armed entitie s–the APRD, the Democratic Front of the Central
African People ( FDPC), the Movement of Justice for Central African Liberators,
and the Union of Democratic Forces for Unity (UFDR) –and a 2008 inclusive
political dialogue between the government, nonstate armed entitie s, the political
opposition, and civil society, which resulted in the formation of a government of
national unity in January 2009, violence continued to increase during the year.
Government and opposition forces engaged in numerous serious human rights
abu ses in the course of their struggle for control of the N orth , where soldiers,
nonstate armed entities , and bands of unidentified armed men attacked civilians.
O bservers estimated that the government controlled little more than half of the
country during th e year.

Although government forces and nonstate armed entitie s maintained a ceasefire for
much of the year, one notable nonstate armed entity , the CPJP, remained outside
the peace process at year ‘s end and continued to fight government forces in the
provinces of Bamingui Bangoran, Vakaga, Ouaka, and Haute Kotto , causing many
civilians to flee . Civilians were caught in the crossfire during fighting between the
CPJP and the armed forces , which often accused them of supporting the nonstate
armed entities . The CPJP has reportedly employed rape and murder as intimidation
tactic s.

During the year there was deliberate restriction of the free and safe passage of
humanitarian organizations ‘ assistance. During the first seven months of the year,
the government denied humanitarian access north of the town of Ndele. In addition
on October 2 , humanitarian missions, led by the UN Educa tional, Scientific and
Cultural Organization (UNESCO) -UNDP and MICOPAX, were blocked at an
unofficial check point near Bozoum and threatened by APRD elements . These
missions were ultimately a llowed to continue after payment of money.

According to Dangerous Little Stones: Diamonds in the Central African Repu blic ,
a December report by the International Crisis Group, “rampant smuggling [of
diamonds] fosters illicit trading networks that deprive the state of much needed
revenue, while the government ‘s refusal to distribute national wealth fairly has led
jealous factions to launch rebellions. Profits from mining and sellin g diamonds
illegally enable armed groups to collect new recruits and create a strong incentive

CENTRAL AFRICAN REPUBLIC 18
not to disarm. ” During the year t he CPJP , which was active around the northeastern
town of Ndele, frequently target ed diamond producing zones, killing those who
work ed in the diamond pits and trading the rough stones.

In addition attacks on civilians by the LRA in the Southeast contributed to the
humanitarian crisis , increasing the number of internally displaced persons in LRA –
affected areas .

The UN -led Security Sector Reform process continued to outline the restructuring
and redeployment of the armed forces. The disarmament, demobilization, and
reintegration of nonstate armed entitie s began in 2008 and continue d in some
provinces after suffering numerous delays .

The Ugandan Peoples Defense Force , in the eastern sector of the country ,
cooperat ed with the FACA in operations against LRA guerillas.

Armed entitie s, including unidentified ones, took advantage of weakened security
and continued to attack, kill, rob, beat, and rape civilians and loot and burn villages
in the N orth. Kidnappings by such groups continued at an alarming rate during the
year, contributing significantly to the massive population displacement. However,
according to the ICRC, improv ed security in the N orthwest encouraged some of
the thousands displaced by conflict in recent years to return home.

Killings

Extrajudicial killings continued. During operations conducted by state armed
forces against nonstate armed entitie s (including highway bandits ), government
forces did not distinguish between nonstate armed entitie s and civilians in the
villages. Government forces often burned houses and sometimes killed villagers
accused of being accomplices of nonstate armed entitie s.

UN , press , and NGO observers noted several extrajudicial killings by security
forces and the use of disproportionate force against suspect ed bandits and other
members of nonstate armed entitie s.

In December 2009 the family of Charles Massi, a member of the CPJP and a
former minister, reported him missing . His wife and members of his party told
international media that Chadian officials arrested Massi and transferred him to
CAR authorities ; his wife and members of his party also claimed that CAR
authorities tortu red and murdered him in Bossembele prison . Early in the year , the

CENTRAL AFRICAN REPUBLIC 19
press widely reported the same thing , but t he Ministry of Defense denied the
claims. In August the attorney general found no evidence of wrongdoing by the
government , but s trong suspicions remain ed about the extrajudicial murder of
Charles Massi .

Authorities took no action in any of the following four killings by members of the
FACA.

On January 10, the FACA detachment in Noufou arrested, tied up, and then killed
three suspected cattle thie ves from Cameroon.

In April a n international NGO reported that the FACA summarily executed a
Chadian migrant farmer they claimed to be a member of the FDP C militia north of
Kabo.

On May 2, the FACA tortured and killed a suspected CPJP combatant found on the
road between Ndele and Kaga Bandoro. The FACA allegedly displayed his body in
Ndele shortly thereafter.

On August 18, according to Le Democrate newspaper, a group of FACA based in
Bang killed a local butcher who refused to serve them meat free of charge. The
newspaper reported that on August 25, the local population killed three members
of the FACA and one police commissioner in reprisal for the killing of the butcher.

There we re no further developments in the following 2009 cases: the February
attack by the FACA on the village of Sokoumba that resulted in the death of at
least 18 male civilians, including the village chief , or t he March execution of four
men suspected of banditry outside the northwestern town of Bozoum by
government forces .

There were no further developments in the June 2009 death of two civilians as a
result of fighting between the FACA and the FDPC on the Kabo -Moyenne Sido
road in Ouham Province .

UN, press, and NGO observers noted numerous killings by nonstate actors and the
use of dispropo rtionate force against civilians.

From January to the end of November, the total number of attacks the LRA
launched over the year was at least 54, in which at least 128 civilians were killed,
more than 300 persons were abducted, and 20 were wounded . A pproximately 80

CENTRAL AFRICAN REPUBLIC 20
persons detained by the LRA were released and another 39 escaped. As of
November , the UN High Commissioner for Refugees (UNH CR) estimated 5,724
Congolese refugees and approximately 21,000 internally displaced persons (IDPs )
were in the southeast .

On March 27, the CPJP attacked Yangoungale village. During this attack,
insurgents took the village chief and the primary school director hostage. They
reportedly shot and killed the school director ‘s wife as she tried to escape the
attack.

On April 6, gunmen killed a pastor from Sido who was wor king for the local
Independent Electoral Commission (IEC) office . Members of the FDPC were
suspected in the slaying.

On April 16, attackers identified only as “armed bandits ” killed a member of the
FACA who was escorting a convoy of IEC vehicles on the road between Birao and
the border with Sudan.

In mid -April, CPJP members reportedly burned the village chief of Mbollo alive.

On May 3, the CPJP attacked Gadaye and Haoussa villages. In Gadaye the CPJP
beat to death Abba Abdoulaye Hi ssen, the village patriarch, allegedly because he
ordered villagers to leave the area and to settle in Ndele. In Haoussa the CPJP
kidnapped and tortured Adamou Aroun, the village chief, for the same reason.

On May 4, the CPJP murdered the deputy village c hief of a village 12 miles north
of Ndele.

On May 13, CPJP rebels invaded Diki in search of food. The village self -defense
group killed one member of the CPJP. The next day, a group returned to the
village, and looted and burned many houses. They also killed the chief of the
village and wounded many villagers.

On October 15 , the CPJP attacked the town of Ippy in Ouaka Province . After
looting several stores and destroying official buildings, CPJP attackers killed one
secondary school student. No further developments were available at year ‘s end.

There were also killings resulting from tensions over land use during the year. On
March 16, local residents of Batangafo fought with migrant Chadian cattle herders,
leaving at least 17 persons dead. The UN reported 13 villages were burned and at

CENTRAL AFRICAN REPUBLIC 21
least 1,500 persons displaced by the fighting. Gendarme and FACA in the town
failed to intervene in the fighting; there were no further developments by year ‘s
end.

There were no further developments in the following 2009 conflict -related killings:
the March killing by APRD members of the chi ef of Tchoulao village in the
Ouham Pende ; the April killing by an APRD officer in the northwestern town of
Paoua of the local national herders organization representative ; and the April
deaths of 25 persons , following street battles between Mbororo cattle raisers and
beef wholesalers in Bangui .

There were no further developments in the June 2009 torture and killing of two
persons, relating to alleged witchcraft, by APRD members near Kaga Bandoro.

Abductions

The Popular Front for Redressing of Grievances, an exiled armed entity of Chadian
origin, reportedly took civilians hostage during the year near Kaga Bandoro to
extort money from their families.

Human Rights Watch report ed that between July 2009 and July 2010, the LRA
abducted more than 30 0 pe rsons , many of them children, in southeastern CAR .

There was little or no response by local authorities to multiple kidnappings of
civilians by armed entitie s considered to be bandits or zaraguinas (see section 1.a.).

On October 28 , a group of CPJP rebels operating in Sam Ouandja in Haute Kotto
Province took 21 electoral workers hostage . The electoral workers were released a
few days later after the CPJP rebels took all of their belon gings.

In November 2009 unidentified bandits in Birao abducted two foreign resident
NGO employees. Kidnappers released the two in Darfur, Sudan , on March 14 (see
section 1.b .).

Physical Abuse, Punishment, and Torture

Government forces and nonstate armed entitie s mistreated civilians, including
through torture, beatings, and rape, in the course of the conflicts. During operations
conducted by armed forces against nonstate armed entitie s (including highway
bandits ), the armed forces often burned homes and did not distinguish between

CENTRAL AFRICAN REPUBLIC 22
nonstate armed entitie s and local civilian populations they regarded as
accomplices, although less often than in the previous year.

During the week of March 8, the mayor of Ndim reportedly authorized the public
torture of a woman accused of adultery. No action was taken against those
responsible by year ‘s end.

On April 26, Jojo Bozize, one of President Bozize ‘s sons , ordered the arrest of two
of his domestic employees, Betty Kibembe and Serge Tkpoba, on suspicion of
stealing cloth es from his residence. G endarmes imprisoned the two for two days at
the SRI detention center where they were severely tortured. Bozize later learned
that his partner had taken the cloth es to the clean ers and , as a result , he took
Kibembe and Tkpoba to a private clinic for medical treatment. Kebemb e suffered
serious leg wounds . Authorities took n o action against Bozize , and human rights
lawyers s tated the two victims refused to press charges .

On June 6, Abdoulaye Amat, a member of the presidential guard, threatened Price
Telo with a rifle and then cut off Telo ‘s ear after he complained about a merchant
and friend of Amat not paying full price for a motorcycle. Telo ‘s parents informed
senior fig ures of the presidential guard who told them they would arrest Amat, but
at year ‘s end, Amat remain ed free.

Civilians continued to suffer mistreatment in armed territories controlled by
nonstate armed entitie s.

In April a member of the APRD killed a 12 -year -old boy in Kounmbame. The
APRD ‘s local commander offered to execute the killer if the boy ‘s family desired
but , in the end, senior figures in the APRD paid the boy ‘s family 100,000 CFA
francs ($200).

In April near Kaga Bandoro, the APRD arrested and tortured a man for allegedly
practicing witchcraft . Members of the APRD tied the man to a tree, beat him , and
cut off two of his toes to force a confession. After confessing, the man escaped ,
and the APRD responded by arrest ing his mother and torturing her. No further
information wa s available at year ‘s end .

In May near Kaga Bandoro the APRD arrested a man for alleged shape shifting , a
form of witchcraft . When he managed to flee, the APRD arrested his mother,
stripped her naked, beat her , and forced her to pay of fine of 100,000 CFA francs
($200) before releasing her.

CENTRAL AFRICAN REPUBLIC 23

No action was taken against APRD members who in March 2009 tortured a village
chief in Bocaranga and the evangelical pastor who tried to help the chief .

International and domestic observers reported that, during the year, state security
forces and members of nonstate armed entitie s, including Chadian soldiers and
bandits , continued to attack cattle herders, primarily members of the Mbororo
ethnic group. Ma ny observers believed Mbororo were targeted primarily because
of their perceived relative wealth and the vulnerability of cattle to theft. One UN
agency reported that, according to its NGO partners in the affected region,
attackers often were themselves Mb ororo.

Mbororo cattle herders were also disproportionately subjected to kidnapping for
ransom. A UN agency working in the area indicated the perpetrators often
kidnapped women and children and held them for ransoms of between one million
and two million C FA francs ($2,000 – $4,000). Victims whose families did not pay
were sometimes killed. Nonstate a rmed entitie s in the country continued to conduct
frequent attacks on the Mbororo population on the Cameroonian side of the border,
despite the Cameroonian gov ernment ‘s deployment of security forces.

Some observers noted the use of rape by both government forces and nonstate
armed entitie s to terrorize the population in the northern province s, especially in
the CPJP ‘s zones of operation . Given the social stigma attached to rape, any report
would likely underestimate the incidence of rape in the conflict zones. Several
NGOs and UN agencies conducted gender -based violence awareness and treatment
campaigns in northern province s and Bangui.

On February 8, a member of the APRD allegedly raped a pregnant woman near the
village of Goddo 2. Her husband made an official complaint to the APRD but by
year ‘s end , there was no evidence that the APRD took action against a perpetrator.

In July after a n attack upon the village of Zokotonyala , members of the CPJP
reportedly raped between 20 and 25 Houssa women. There was no a dditional
information about the women as rebels prevent ed travelers from gaining access to
the region .

On October 26 , a group of CPJP combatants invaded the village of Kpata, in
Bamingi Bangouran Province. After looting the village ‘s 168 houses, they burned
the village. Reportedly, the village was attacked because its inhabitants

CENTRAL AFRICAN REPUBLIC 24
participated in the electoral census. No further information was available at year ‘s
end.

Child Soldiers

According to multiple human rights observers, numerous APRD groups included
soldiers as young as 12 years old . In addition the UFDR admitted that many
children served as soldiers in its ranks. According to an international observer,
although the UFDR and APRD stopped recruiting child soldiers during the year as
a result of disarmament, demobilization , and reinser tion activities, in some remote
areas, children were still used as lookouts and porters. According to one
international NGO involved in disarmament, demobilization, and reintegration
(DDR ), in some cases, children have been “recruited ” not for actual comba t, but to
go through the DDR process and get paid . The UN Children ‘s Fund ( UNICEF) and
other observers noted that, while the child soldiers were willing to demobilize and
were anxious to attend school, their communities lacked the most basic
infrastructure.

UNICEF announced in July that it helped demobilize 180 child members of the
APRD between the ages of 10 and 17 years old in Ouham -Pende since November
2008 . An additional 15 children were demobilized in Nana Gribizi Province during
the sam e time frame.

In December UNICEF held a 10 -day training session in Boali , with 20 soldiers and
six police officials , on the theme of protecting children before, during , and after a
conflict . The objective of the training was to instruct the officials to become
trainers themselves.

Several NGO observers have reported that self -defense committees, which were
established by towns to combat nonstate armed entitie s (including bandits ) in areas
where the FACA or gendarmes were not present, used children as com batants,
lookouts, and porters. UNICEF estimate d that children comprised one third of the
self -defense committees.

NGOs report ed that the LRA continue d to kidnap children and forced them to
fight, act as porters, or to function as sex slaves . During the year 138 children were
abducted by the LRA. Of those 138 children, 43 were released by the LRA, 45
escaped , and 13 were being supported in transit centers.

CENTRAL AFRICAN REPUBLIC 25
Displaced children have been forced to work as porters, carrying stolen goods for
groups of bandit s.

Other Conflict -related Abuses

In the N orthwest , government security forces, including the FACA and presidential
guard, continued to project a presence from larger towns and occasionally engaged
in combat with armed entitie s. While the ceasefire between government forces and
nonstate armed entitie s allowed some displaced persons to return home,
approximately 330,000 persons remained displaced in the bush or in refugee camps
along the Chadian or Cameroonian borders.

On multi ple occasions during the year , government forces burned houses and other
buildings along the Ndele -Garaba road. The area was considered sympathetic to
the CPJP insurrection.

Internal movement was severely impeded, particularly in northern and
northwestern areas the government did not control, by bandits and other nonstate
armed entitie s, including former combatants who helped President Bozize come to
power in 2003.

On April 16, the subprefect of Kabo called all the village chiefs north of the town
to Kabo and explained that for the indefinite future, anyone who remained on the
road would be considered an insurgent or in collusion with them, and thus subject
to reprisals by the FACA. The subprefect ‘s ultimatum apparently cause d an
estimated 5,000 new refugees to mov e to Chad.

Sporadic fighting between government security forces and nonstate armed entities ,
attacks on civilians by nonstate armed entitie s, armed banditry, and occasional
abuse by government soldiers kept many IDPs from their homes. The UN Office
for the Coordination of Humanitarian Affairs (OCHA ) estimated that the number
of IDPs increased during the year from 162 ,000 to 192,029 at year ‘s end.

The overwhelming majority of IDPs were in the northwestern province s of Ouham
and Ouham Pende, where civilians remained displaced from their villages out of
fear and lived in the bush for much of the year, returning occasionally to their
fields to plant or scavenge. NGOs and UN agencies observed anecdotal evidence
that some civilians were returning in the northwest province s, but this was not a
widespread phenomenon. Thousands of individuals remained homeless due to
fighting in the north -central province s of Haute Kotto and Bamingui -Bangoran,

CENTRAL AFRICAN REPUBLIC 26
and due to instability in the northeastern province of Vakaga, where there was
renewed fighting within the UFDR, as well as an ethnic conflict between the
Goula, Kara, and Rounga communities.

Hygiene -related illnesses and chronic malnutrition continued. Attacks or fear of
atta cks prevented many subsistence farmers from planting crops, and attackers
either stole most of the livestock or the farmers fled with their livestock to safety in
Cameroon. Chronic insecurity also rendered the North occasionally inaccessible to
commercial, humanitarian, and developmental organizations, contributing to the
lack of medical care, food security, and school facilities, although less so than in
the previous year. Humanitarian organizations continued to supply some
emergency relief and assistance to displaced populations, although long -term
development projects remained suspended due to the frequently changing security
situations and sporadic fighting.

The government did not attack or target IDPs, although some IDPs were caught in
the fighting bet ween government forces and nonstate armed entitie s. The
government provided little humanitarian assistance, but it allowed UN agencies
and NGOs access to these groups to provide relief.

MICOPAX peacekeepers and government forces conducted joint security
operations in an effort to secure the northern region and control small arms
proliferation . Despite these operations, the government was not able to provide
sufficient security or protection for IDPs in the north.

On September 5, in Ouanda Djalle , 62 miles south of Birao, LRA combatants
burned at least 80 houses and looted the marketplace and health center.

Refugees continued to flee the country during the year (see section 2.d.).

Section 2 Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution and law provide for freedom of speech and of the press; however,
in practice authorities continued to employ threats and intimidation to limit media
criticism of the government. A uthorities did not arrest any journalists during the
year ; however, the government briefly detained one journalist .

CENTRAL AFRICAN REPUBLIC 27
Throughout the year, a number of newspapers criticized the president, the
government ‘s economic policies, and official corruption. There were more than 30
newspapers, many privately owned, which circulated daily or at less frequent
intervals. Independent dailies were available in Bangui, but they were not widely
distributed outside of the capital area. The absence of a functioning postal service
continued to hinder newspaper distribu tion. Financial problems prevented many
private newspapers from publishing regularly, and the average price of a
newspaper, approximately 300 CFA francs ($0. 60 ), was higher than most citizens
could afford.

Radio was the most important medium of mass commu nication, in part because the
literacy rate was low. There were alternatives to the state -owned radio station,
Radio Centrafrique. For example, privately owned Radio Ndeke Luka continued to
provide independent broadcasts, including national and internation al news and
political commentary. Its signal was strengthened to reach beyond Bangui, and
new direct transmitter s were set up in Bouar and Berberati . Ndeke Luka was also
regularly rebroadcast by community radio for an hour or two each day. W ith the
exception of Radio Ndeke Luka, which organized debates on current events,
government -run and privately owned broadcast outlets based in the country tended
to avoid covering topics that could draw negative attention from the government.
Internationa l broadcasters, including Radio France Internationale, continued to
operate during the year.

The government continued to monopolize domestic television broadcasting, and
television news coverage generally supported government positions.

The H igh Council for Communications (HCC) , which is charged with granting
publication and broadcast licenses and protecting and promoting press freedom, is
nominally independent. However, some of its members were appointed by
government institutions and , according to sever al independent journalists, as well
as the international NGO Committee to Protect Journalists, the HCC was
controlled by the government .

The media continued to face many difficulties, including chronic financial
problems, a serious deficiency of professional skills, the absence of an independent
printing press, and a severe lack of access to government information. Journalists
in the privat ely owned media were not allowed to cover certain official events, and ,
in the absence of information, the majority of news reporting continued to rely
heavily on official or protocol -related information, such as government press
releases.

CENTRAL AFRICAN REPUBLIC 28

During the year security forces often harassed and threatened journalists . For
example, on August 17, unidentified armed men in military uniforms attacked
Television Centrafrique camerawoman Virginie Mokonzi. The assailants
reportedly beat, robbed, and raped her in front of her children and husband. The
Journalist ‘s Union organized a march to protest the attack and delivered a
memorandum to the prime m inister. By year ‘s end , there w ere no report s of arrests.

On September 3, police arrested Alexi Remangai, a journalist at the daily
newspaper Le Confident , and detained him for three days at SRI before releasing
him as result of a protest by the Journalists ‘ Association. Gendarmes arrested him
following a complaint of defamation by the Ministry of Mines ‘ chief of staff.
Remangai had wr itten an article in the newspaper about corruption and
mismanagement by high -ranking ministry officials at the ministry . At year ‘s end ,
the case was pending before a court.

There were also reports of government ministers and other senior of ficials
threatening journalists who were critical of the government. However, a ccording to
the Central African Journalists ‘ Union , the government did not arrest any other
journalists during the year.

Unlike the previous year, the HCC did not suspend publication of any newspaper
during the year .

Journalists continued to practice self -censorship due to fear of government
reprisals.

Imprisonment for defamation and censorship was abolished in 2005; however,
journalists found guilty of libel or slander f aced fines of 100,000 to eight million
CFA francs ($ 200 to $ 16 ,00 0).

The law provides for imprisonment and fines of as much as one million CFA
francs ($2,000) for journalists who use the media to incite disobedience among
security forces or incite persons to violence, hatred, or discrimination. Similar fines
and i mprisonment of six months to two years may be imposed for the publication
or broadcast of false or fabricated information that “would disturb the peace.”

The Ministry of Communications maintained a ban on the diffusion by media of
songs, programs, or articles deemed to have a “misogynist character” or to
disrespect women.

CENTRAL AFRICAN REPUBLIC 29

Internet Freedom

There were no reports that the government restricted access to the Internet,
monitored e -mail or Internet c hat rooms, or attempted to collect personally
identifiable information. The relatively few individuals who had access could
engage in the peaceful expression of views via the Internet, including by e -mail.
According to International Telecommunication Union statistics for 2008
approximately 0.44 percent the country ‘s inhabitants used the Internet.

Academic Freedom and Cultural Events

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

Freedom of Assembly

The constitution provides for the right of assembly; however, the government
restricted this right on a few occasions. Organizers of demonstrations and public
meetings were required to register with the minister of the int erior 48 hours in
advance; political meetings in schools or churches were prohibited. Any
association intending to hold a political meeting was required to obtain the
Ministry of Interior ‘s approval.

There were no discriminatory government restrictions that targeted women or
minorities .

Freedom of Association

The constitution provides for freedom of association, and the government generally
respected this right. All associations, including political parties, must apply to the
Ministry of Interior for registration, and the government usually granted
registration expeditiously. The government normally allowed associations and
political parties to hold congresses, elect officials, and publicly debate policy
issues without interference, except when they ad vocated sectarianism or tribalism.

A law prohibiting nonpolitical organizations from uniting for political purposes
remained in place.

CENTRAL AFRICAN REPUBLIC 30
c. Freedom of Religion

For a complete description of religious freedom, see the 2010 International
Religious Freedom R eport at www.state.gov/g/drl/irf/rpt .

d. Freedom of Movement, Internally Displaced Persons, Protection of
Refugees, and Stateless Persons

The constitution provides for freedom of movement within the country, foreign
travel, emigration, and repatriation; however, the government restricted freedom of
movement within the country and foreign travel during the year. Security forces,
customs offic ers, and other officials harassed travelers unwilling or unable to pay
bribes or “taxes ” at checkpoints along intercity roads and at major intersections in
Bangui, although these roadblocks had decreased significantly by year ‘s end.

On multiple occasions during the year, police, gendarmes, and the FACA impeded
the travel of members of the opposition Movement for the Liberation of Central
African People party, delaying their travel for up to two days.

On May 9, authorities prevented Martin Ziguele, a presidential candidate in 2005,
from traveling abroad. Airport police briefly confiscated his passport and barred
hi m from boarding an aircraft . The government ‘s spokesman later said the incident
was the result of an un specified misunderstanding.

On May 27 , airport authorities stopped former m inister of communications
Cyriaque Gonda from traveling to France. The government ‘s spokesman said that
Gonda failed to present a permission to depart document normally required for
official travel by members of the go vernment. Gonda was neither a current
minister nor going abroad in an official capacity, and observers widely viewed the
incident as stemming from a political dispute between him and the president .

On June 13, airport authorities confiscated the diplomatic passport of opposition
figure Nicolas Tiangaye upon his return from France where he held meetings with
Central African s opposed to the government. Authorities claim ed he had no right
to a diplomati c passport , al though in practice, many prominent figures he ld and
use d diplomatic passports for nonofficial travel.

In April 2009 the Ministry of Foreign Affairs requested that all diplomatic
missions inform the ministry before travel to any area deemed “under tension, ”

CENTRAL AFRICAN REPUBLIC 31
although these locations were unspecified. In practice the government hindered
travel by diplomats outside of the capital on multiple occasions.

During the year police continued to stop and search vehicles, particularly in
Bangui, in what amounted to petty harassment to extort payments. Local human
rights organizations and UN officials said the problem of illegal road barriers and
petty extortion by soldiers was widespread. Merchants and traders traveling the
more than 350 -mile main route f rom Bangui to Bangassou encountered an average
of 25 military barriers. While the fees extorted varied for private passengers,
commercial vehicles reported paying up to 9,000 to 10,000 CFA francs ($18 to
$20) to continue their journeys.

This extortion greatly discouraged trade and road travel and severely crippled the
country ‘s economy.

Freedom of movement, including of traders and delivery trucks, was also severely
impeded in conflict zones.

In May the UN reported that North of Kabo, in a zone of con tinuing conflict
between the government and the FDPC, the FACA charge d truckers 100,000 CFA
francs ($200) to protect convoys of two or more trucks between the town and the
border with Chad.

With the exception of diplomats, the government required that all foreigners obtain
an exit visa. Travelers intending to exit the country could be required to obtain
affidavits to prove that they owed no money to the government or to parastatal
companies.

The constitution does not permit the use of exile, and the gover nment did not
employ it in practice.

Internally Displaced Persons (IDPs)

Sporadic fighting between government forces and nonstate armed entitie s, attacks
on civilians by nonstate armed entitie s, and armed banditry prevented the country ‘s
IDPs, most of whom were displaced in 2006, from returning to their homes. At
year ‘s end , the number of IDPs totaled 192 ,0 29 , including almost 100,000 in the
northwestern province s of Ouham and Ouham Pende. The number of individuals
who had fled the country was estimated at 138,000, including 74,000 refugees in
Chad and 64,000 in Cameroon. In the southeastern province of Haut -Mbomou,

CENTRAL AFRICAN REPUBLIC 32
attacks by the LRA caused the internal displacement of approximately 15 ,000
individuals by year ‘s end .

In July the government reopened roads north of Ndele to humanitarian access after
a prolonged closure due to governm ent efforts to fight the CPJP .

In 2009 the UNHCR helped created the National Committee for Dialogue and
Coordination for the Protection of the Rights of IDPs in the country. The
objectives of the committee were to provide for the coordination and monitoring of
activities related to the protection of IDPs, to formulate a new IDP protection law,
and to establish a framework for increased assist ance for IDPs. The committee
participated in all meetings of the country ‘s protection cluster, the main forum for
the coordination of civilian protection activities in the context of humanitarian
efforts, and focused on human right abuses, but, according t o OCHA, the
committee had not officially met or carried out any of its assigned responsibilities
by year ‘s end.

On October 29, the UNHCR and the Office of the Prime Minister organized a
workshop for 60 members of parliament on the African Union Convention for the
Protection and Assistance of Internally Displaced Persons in Africa. The objective
of the workshop was to speed progress toward the ratification of the convention.

The government did not provide protection or assistance to IDPs, citing a lack of
means.

There were no reports of the government attacking or specifically targeting IDPs.
The government occasionally blocked humanitarian access in areas frequented by
nonstate armed entitie s. There were no reports of the government inhibiting the
free mo vement of IDPs.

In June 2009 several members of the UNOHCHR ‘s UPRWG recommended that
the government immediately take measures to safeguard the rights of IDPs,
including by enacting a law with provisions for the protection of displaced
children; provide fo r the free circulation of humanitarian workers so they can
access IDPs; and follow up on past recommendations of the UN secretary -general ‘s
representative on the human rights of IDPs. At year ‘s end , it was unclear if the
government had taken significant steps to implement these recommendations.

Displaced children worked in fields for long hours and as porters for bandits or
other nonstate armed entitie s (see sections 1.g. and 7.d.).

CENTRAL AFRICAN REPUBLIC 33

Protection of Refugees

The country ‘s laws provide for granting asylu m and refugee status, and the
government has established a system for providing protection to refugees. In
practice the government provided protection against the expulsion or return of
refugees to countries where their lives or freedom would be threatened on account
of their race, religion, nationality, membership in a particular social group, or
political opinion . The government accepted refugees without subjecting them to
individual screening.

The government continued to cooperate with the UN HCR and oth er humanitarian
organizations in assisting approximately 24 ,690 refugees in the country of which
5, 466 remain in Bangui.

During the year security forces subjected refugees, as they did citizens, to arbitrary
arrest and detention. Refugees were especially vulnerable to such human rights
abuses. The government allowed refugees freedom of movement, but like citizens,
they were subject to roadside stops and harassment by security forces and nonstate
armed entitie s. Refugees ‘ access to courts, public education, and basic public health
care was limited by the same factors that limited citizens ‘ access to these services.

While refugees in Mongoumba and Batalimo did not report any violations,
refugees in Sam Ouandja reported restriction of movement by authorities and
UFDR rebels allied to the government. Refugees in Bangui reported harassment
and arbitrary arrest by police.

According to the UNHCR, there were no reports of refugee abuse during the year .

A significant number of members of t he Mbororo ethnic group continued to live as
refugees in Cameroon and southern Chad after violence in 2006 and 2007 .
However , according to Radio Centrafrique , many Mbororo herders started
returning to CAR during the year .

Several international organizations worked with the government and UNHCR to
assist refugees during the year. They included Doctors without Borders, Caritas,
International Medical Corps, and the NGO Cooperazione Internazionale ( COOPI ).

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

CENTRAL AFRICAN REPUBLIC 34

The constitution provides citizens with the right to change their government
peacefully, and citizens exercised this right in presidential and legislative elections
in 2005, which election observers considered to be generally free and fair, despite
some irregularities.

Elections and Political Participation

In 2005 the country held two rounds of multiparty presidential and legislative
elections that resulted in the election of Gen eral Bozize as president; Bozize had
seized power in a 2003 military coup, declared himself president, and headed a
transitional government until the 2005 elections. Domestic and international
election observers judged the elections to be generally free an d fair, despite
irregularities and accusations of fraud made by candidates running against Bozize.

Bozize ‘s term as president was stipulated under the constitution to expire on June
11 . However, on May 10, the National Assembly passed a constitutional
ame ndment that extended the terms of the office of the president and the National
Assembly until elections, allowing Bozize to remain in office through the year.

The government twice postponed constitutionally mandated presidential and
legislative elections set for March due to a lack of funds and preparation.
Controversially, the N ational A ssembly altered the 2005 constitution to allow the
president to ask the Constitutional Court for a delay in elections if elections
preparations commen ce in a “lawful manner ,” but due to “unforeseeable and
unavoidable ” events must be postponed. The president used this provision to
extend his mandate until such a time as elections we re organized. On July 30, the
president decreed the first round of presi dential and legislative elections would
occur in January 2011.

Despite a constitutional requirement that he do so by 2007, as well as a
recommendation stemming from the 2008 inclusive political dialogue, for the
fourth consecutive year , the president did not call for municipal elections, citing
lack of government resources.

During the year the LCDH continued to criticize President Bozize for concurrently
serving as president and defense minister , on the grounds that the constitution
pro hibits the president from holding “any other political function or electoral
mandate “; however, officials said this criticism was based on a misinterpretation of
the constitution. After political activist Zarambaud Assingambi filed a complaint

CENTRAL AFRICAN REPUBLIC 35
with the con stitutional court in 2008, the court ruled later that year that it was not
competent to try the case.

Political parties continued to be subject to close scrutiny and r estrictions by the
government. Members of political parties we re not able to move about the country
without restriction ; many had to obtain authorization from the government before
traveling .

According to recommendations from a 2003 government -sponsored national
dialogue, women should occupy 35 percent of posts in government ministries and
political parties; however, this provision was not respected during the year. There
were 10 women in the 105 -seat N ational A ssembly and four in the 32 -person
cabinet. There were no laws prohibiting w omen from participating in political life,
but most women lacked the financial means to compete in political races.

There were 17 Muslims, including two members of the Mboror o ethnic group, in
the N ational A ssembly.

The Ba ‘Aka (Pygmies), the indigenous i nhabitants of the south, made up between 1
and 2 percent of the population; they were not represented in the government and
continued to have no political power or influence.

Section 4 Official Corruption and Government Transparency

The law provides criminal penalties for official corruption; however, the
government did not implement these laws effectively, and officials often engaged
in corrupt practices with impunity. M isappropriation of public funds and
corruption in the government remained widespr ead. The World Bank ‘s 2009
W orldwide G overnance Indicators reflected that government corruption was a
severe problem.

The government continued its campaign against embezzlement, money laundering,
and other forms of financial fraud. Since May 2009 salary p ayments to government
employees have been made through bank accounts instead of in cash.
Computeriz ation of financial information to increase transparency continued
during the year . However, the effect of these actions was not particularly evident to
the p ublic, and skepticism remained over whether these actions would serve to
deter corruption. Extortion at road checkpoints and corruption among customs
service officials remained major sources of complaints by importers and exporters.

CENTRAL AFRICAN REPUBLIC 36
The president continued to chair weekly committee meetings to combat fraud in
the treasury. In 2008 Prime Minister Touadera created a national committee to
fight corruption that included representatives from the government, trade unions,
NGOs, private sect or, religious organizations, and the media. The committee ‘s
investigations resulted in the arrest of 19 senior civil servants in the tax division of
the Ministry of Finance on charges of embezzling up to five million CFA francs
($10,000) each. Six of those arrested were tried in 2008 and received jail
sentences. Six vo luntarily reimbursed the amount they were alleged to have stolen ;
13 civil servants accused of embezzlement were condemned by the court , but a f ew
were later released , although the exact number is unknown.

Police corruption, including the use of illegal roadblocks to commit extortion,
remained a problem; however, removal of some illegal roadblocks enabled more
freedom of movement and easier trans portation by year ‘s end.

Judicial corruption remained a serious impediment to citizens ‘ right to receive a
fair trial. According to the UNDP, during the year the average monthly salary of a
judge working in one of the highest courts (the final court of appeals) was
approximately 600,000 CFA francs ($1,200); that of a junior judge was
approxi mately 220,000 CFA francs ($440).

According to the LCDH, corruption extended from the judges to the bailiffs. Many
lawyers paid judges for verdicts favorable to their clients. There were, however,
some efforts to combat judicial corruption, including by s everal UN agencies and
the E U .

According to the constitution, senior members of the executive, legislative, and
judicial branches are required to declare publicly their personal assets at the
beginning of their terms. The members of the new government dec lared their assets
upon entry into the government. The law does not require ministers to declare their
assets upon departing government.

The law provides for access by journalists to “all sources of information, within the
limits of the law “; however, it does not specifically mention government
documents or government information, and no mention is made of access by the
general public. The government often was unable or unwilling to provide
information, and lack of access to information continued to be a p roblem for
jou rnalists and the general public. Furthermore, years of instability and conflict
made information difficult for the government to collect, particularly in the

CENTRAL AFRICAN REPUBLIC 37
countryside. Information on the humanitarian situation, for example, was difficult
to obtain and sometimes contradictory.

Section 5 Governmental Attitude Regarding International and Nongovernmental
Investigation of Alleged Violations of Human Rights

Domestic and international human rights groups generally operated with few
government restrictions. A few NGOs investigated abuses and published their
findings. However, due to ongoing lack of funds , insecurity, and economic
dislocation, domestic human rig hts NGOs, whose area of work was almost totally
limited to Bangui, continued to lack the means to disseminate human rights
information outside the capital or support their rural branche s. These limitations
contributed to widespread ignorance about human ri ghts and the means of redress
for abuses. Officials in Bangui met with local NGOs during the year, but many
local NGOs reported the government was not responsive. Government officials
continued to criticize local NGOs publicly for their reports of human ri ghts
violations that security forces committed.

There were domestic human rights NGOs that demonstrated significant
independence; however, several domestic civil society groups were led by
individuals belonging to or closely associated with the ruling pol itical party, which
may have limited their independence. Citing the appearance of a conflict of
interest, some international and domestic NGOs expressed concern over the
neutrality and independence of the country ‘s only legally recognized NGO
platform or u mbrella group, the Inter -NGO Council in CAR (CIONGCA), which
was led by the brother of a former minister of state and ethnic kinsman of the
president . In recent years, CIONGCA often represented domestic civil society
groups in decision -making forums, inclu ding the follow -up committee of the 2008
inclusive political dialogue.

A few NGOs were active and had a sizable effe ct on the promotion of human
rights. Some local NGOs, including the LCDH, the OCDH, the anti -torture NGO
ACAT, and the Association of Women Jurists (AWJ), actively monitored human
rights problems; worked with journalists to draw attention to human rights
violations, including those committed by the army; pleaded individual cases of
human rights abuses before the courts; and engaged in efforts to raise the public ‘s
awareness of citizens ‘ legal rights.

Domestic human rights NGOs reported that some officials continued to view them
as spokespersons for opposition political parties. President Bozize mentioned his

CENTRAL AFRICAN REPUBLIC 38
suspicion of their ties to the opp osition during numerous speeches over the year.
They also reported several cases of harassment by officials during their fact –
finding visits around the country. D omestic human rights NGO s reported during
the year that its members located outside the capita l remained afraid to investigate
alleged abuses because security force members have threatened NGO activists
suspected of passing information about abuses by security forces to international
NGOs for publication. Several human rights lawyers reported that the families of
victims of abuse by official s, or those close to officials, often urged the victims not
to pursue their attackers due to fear of reprisal.

International human rights NGOs and international organizations operated in the
country without interference from the government. However, nonstate armed
entitie s sporadically targeted the small number of humanitarian workers operating
in the northwest, no rtheast, and southeast, stopping their vehicles and robbing
them. The entire North was occasionally inaccessible to NGOs due to increased
violence.

Due in part to the government ‘s inability to address persistent insecurity in parts of
the country effectiv ely , some international human rights and humanitarian groups
working in conflict zones have either closed suboffices or left the country. For
example, international NGOs working in the Vakaga and Haute Kotto Provinces
did not send international staff to th e region and maintain ed only limited nationally
staffed programs.

Some international NGOs continued to raise human right awareness among
authorities and security forces. For example, throughout the year, the International
Rescue Committee and the Danish Refugee Council organized a training session
for security force instructors focusing on fundamental human rights principles,
international humanitarian law, the rights of children, and women ‘s rights, among
other issues.

During the year the government continued to cooperate with international
governmental organizations in the promotion and protection of human rights. The
national prosecutor ‘s office continued to work with BINUCA to investigate human
rights abuses by security forces, and the government continued to cooperate with it
and other UN agencies in their efforts to train security forces in human rights (see
section 1.d.). The government also continued to allow BINUCA to conduct visits
to prisons and detention centers and to conduct hu man rights training for
government security agents. International observers witnessed small improvements

CENTRAL AFRICAN REPUBLIC 39
after prison visits but did not observe a significant change in policy toward prisons
and prisoners rights during the year.

The Office of the High Com missioner for Human Rights and Good Governance ,
attached to the presidency, investigated citizen complaints of human rights
violations by members of the government. While the commission was operational,
it remained ineffective and, after working briefly on three cases of violations, did
not tak e any substantive follow -up steps. With a reported budget of five million
CFA francs ($10,000), the High Commissioner ‘s Office did not have adequate
staffing or financial resources , and lacked the means to train its investigators
properly. The limited funding for the commission also meant that it only
functioned in Bangui, limiting the scope of its operations . Some human rights
observers noted that it acted more as a spokesperson for the government than an
office promoting human rights.

In December a validation seminar was held to establish in law a National Human
Rights Commission that w as intended to promote international human rights
standards at the national level. The commission was to be independent from the
Office of the High Commissioner for Human Rights and Good Governance. At
year ‘s end, it remained undecided whether the commission would be led by a
commissioner or by a panel.

A human rights commission in the N atio nal A ssembly sought to strengthen the
capacity of the legislature and other government institutions to advance human
rights, but it had few financial resources. Credible human rights NGOs questioned
the autonomy and desire of this commission to affect real measures, as the
National Assembly was not generally considered sufficiently independent from the
executive branch.

The government continued to cooperate with the International Criminal Court,
which continued its investigation into crimes committed in th e country in 2002 -03
by the previous government and by soldiers under the command of Jean Pierre
Bemba, then a Congolese rebel leader. In 2008 Bemba was arrested in Brussels .
On November 22 , the trial of Bemba opened in T he Hague at the International
Criminal Court. By the end of the year , 134 victims ha d been officially recognized
by the court with more than 1,000 others awaiting a judicial decision .

Section 6 Discrimination, Societal Abuses, and Trafficking in Persons

CENTRAL AFRICAN REPUBLIC 40
The constitution stipulates th at all persons are equal before the law without regard
to wealth, race, disability, language, or gender. However, the government did not
enforce these provisions effectively, and significant discrimination existed.

Women

The law prohibits rape, although it does not specifically prohibit spousal rape.
Rape is punishable by imprisonment with hard labor, but the law does not specify a
minimum sentence. The government did not enforce the law effectively. Police
sometimes arres ted men on charges of rape, although statistics on the number of
individuals prosecuted and convicted for rape during the year were not available.
The fear of social stigma inhibited many families from bringing suits. Released in
June 2009, the report of t he UNOHCHR ‘s UPRWG commended the government ‘s
2007 -11 national action plan to combat gender -based violence; however, the report
featured several recommendations from working group members urging the
government to adopt measures to enhance the fight against sexual violence.

During a visit to the country in Fe bruary , UN High Commissioner for Human
Rights Pillay voiced deep concern over –and called for urgent action on –the
widespread sexual violence that women faced, noting that crimes were being
committed b y both state and nonstate actors.

Few assessments have been conducted on the prevalence of rape. However,
according to a baseline study conducted in June and July 2009 by Mercy Corps in
four nonconflict areas (Bangui, Bouar, Bambari, and Bangassou), sexual violence
against women was pervasive. One in seven women reported having been raped in
the past year, and the study concluded that the true prevalence of rape may be even
higher. In addition, f rom February through November, an international NGO
repo rted 128 total cases of gender -based violence brought to its attention in the
Nana Gribizi and Ouham Pende Provinces. The reports included male and female
rape, as well as gang rape . In 27 cases, the victim knew the perpetrator and , in 18
cases , the perpet rator was armed. Of these 128 cases, two victims identified a
member of the APRD as t he perpetrator, one assailant was a member of the FACA ,
and one was from an unspecified armed entity . According to the NGO, in o nly
three of the 128 cases were attempts ma de to hold the perpetrators accountable. In
one of these three case s, the village leader reported the incident to the gendarmes ,
and the case was still under investigation at year ‘s end. In the other two cases, the
family members of the victims brought the two perpetrators to the APRD who
whipped each perpetrator 150 lashes each and one was fined 250,000 CFA ($500).
Victims were reluctant to report the assaults out of fear of stigmatization.

CENTRAL AFRICAN REPUBLIC 41

Although the law does not specifically mention spousal abuse, it prohibits violence
against any person and provides for penalties of up to 10 years in prison. D omestic
violence against women, including wife beating, was common; 25 percent of
women surveyed in the Mercy Corps study had experienced violence committed by
their partner in 2009 . Of them 33 percent of men and 71 percent of women said it
was acceptable to use violence against women when women had not properly
performed their domestic tasks. Mercy Corps did not witness a significant change
during the year, al though it did not carry out a new study. Spousal abuse was
considered a civil matter unless the injury was severe. According to the AWJ, a
Bangui -based NGO specializing in the defense of women ‘s and children ‘s rights,
victims of domestic abuse seldom rep orted incidents to authorities. When incidents
were addressed, it was done within the family or local community. The deputy
prosecutor said he did not remember trying any cases of spousal abuse during the
year, although litigants cited spousal abuse during divorce trials and civil suits.

Some women reportedly tolerated abuse to retain financial security for themselves
and their children.

The law prohibits sexual harassment; however, the government did not effectively
enforce the law, and sexual harassment was a common problem . The law describes
no specific penalties for the crime.

The government respected couples ‘ rights to decide freely and responsibly the
number of children they had, as well as when they had them. Most couples lacked
access to contraception and skilled attendance during childbirth. According to
UNICEF data collected between 2000 and 2006 , 19 percent of women between the
ages of 15 and 49 who were married or in union were using contraception, and
onl y 44 percent of births were attended by skilled personnel. According to the UN
Population Funds , the maternal mortality rate remained extremely high –850 out of
every 100,000 live births and infant mortality was 106 deaths per 1,000 live births
in 2008 . UN sources estimate d that a woman ‘s lifetime risk of maternal death was
one in 27. There was little information available regarding whether women
received the same level of care as men for sexually transmitted infections,
including HIV. The government continued working with UN agencies to increase
the use of contraception, including by women, and to assist in other prevention
activities targeting sexually transmitted infections.

CENTRAL AFRICAN REPUBLIC 42
The law does not discriminate against women in inheritance and property ri ghts,
but a number of discriminatory customary laws often prevailed, and women ‘s
statutory inheritance rights often were not respected, particularly in rural areas.

Women were treated as inferior to men both economically and socially. Single,
divorced, or widowed women, including those with children, were not considered
heads of households. One of every three women surveyed by Mercy Corps stated
they were excluded from financial decisions in their households. By law men and
women were entitled to family su bsidies from the government, but several women
groups complained about lack of access to these payments for women . There were
no accurate statistics on the percentage of female wage earners. Women ‘s access to
educational opportunities and to jobs, particularly at higher levels in their
professions or in government service, remained limited. Some women reported
economic discrimination in access to credit due to lack of collateral . However,
there were no reports of discrimination in pay equity or owni ng or managing a
business . Divorce is legal and can be initiated by either partner.

Women, especially the very old and those without family, continued to be the
target of witchcraft accusations.

The AWJ advised women of their legal rights and how best to defend them; it filed
complaints with the government regarding human rights violations. During the
year several women ‘s groups organized workshops to promote women ‘s and
children ‘s rights and encourage women to participate fully in the political process.

Children

Citizenship is derived by birth in the national territory or from one or both parents.
The registration of births was spotty, and Muslims reported consistent problems in
establishing their citizenship. Unregistered children faced limitations in access to
education and other social services. According to a 2006 UNICEF study (the most
recent available), total birth registration was 49 percent, with 36 percent of
children registered in rural areas. Registration of births in conflict zones was likely
lower than in other areas.

Education is compulsory for six years until the age of 15; tuition is free, but
students had to pay for their books, supplies, transportation, and insurance . Girls
did not have equal access to primary education; 65 percent of girls were enrolled in
the first year of school, but only 23 percent of girls finished the six years of
primary school, according to a 2007 UNESCO study. At the secondary level, a

CENTRAL AFRICAN REPUBLIC 43
majority of girls dropped out at the age of 14 or 15 due to societal pressure to
marry and bear children .

Few Ba ‘aka (Pygmies) attended primary school. Some local and international
NGOs, including COOPI, made efforts (with little success ) to increase Ba ‘aka
enrollment in schools; there was no significant government assistance to t hese
efforts.

The law criminalizes parental abuse of children under the age of 15. Nevertheless,
child abuse and neglect were widespread, although rarely acknowledged. A
juvenile court tried cases involving children and provided counseling services to
par ents and juveniles during the year.

The law prohibits FGM, which is punishable by two to five years ‘ imprisonment
and a fine of 100,000 to one million CFA francs ($ 200 to $2, 000 ) depending on the
severity of the case; nevertheless, girls were subjected to this traditional practice in
certain rural areas , especially in the Northeast and, to a lesser degree, in Bangui.
According to the AWJ, anecdotal evidence suggested FGM rates declined in recent
years as a result of efforts by UNICEF, AWJ , and the Ministri es of Social Affairs
and Public Health to familiarize women and girls with the dangers of the practice .

According to UNICEF data collected between 2002 and 2007, the percentage of
girls and women between the ages of 15 and 49 who had undergone FGM was
approximately 27 percent.

The law establishes 18 as the minimum age for civil marriage; however, an
estimated 61 percent of women between the ages of 20 and 24 were married before
the age of 18, according to UNICEF data collected between 1998 and 2007 , an d
the 2006 Multiple Indicators Country Survey report ed that nearly 20 percent of
women married before reaching the age of 15 . The Ministry of Family and Social
Affairs had limited means to address this problem. Early marriage was usually
reported in less educated and rural environments where the government lacked
authority. The phenomenon of early marriage was more common in the Muslim
community.

There were no statutory rape or child pornography laws protecting adolescent
minors or children.

Child labor was widespread; forced child labor, including the use of children as
soldiers, occurred (see sections 1.g., 7.c., and 7.d.).

CENTRAL AFRICAN REPUBLIC 44

There were more than 6,000 street children between the ages of five and 18,
including 3,000 in Bangui, according to updated data c ollected by the Ministry of
Family and Social Affairs. Many experts believed that HIV/AIDS and a belief in
sorcery, particularly in rural areas, contributed to the large number of street
children. An estimated 300,000 children had lost one or both parents to HIV/AIDS,
and children accused of sorcery (often reportedly in connection to HIV/AIDS –
related deaths in their neighborhoods) often were expelled from their households
and were sometimes subjected to societal violence.

There were NGOs specifically promo ting children ‘s rights, including some, such as
Voices of the Heart, which assisted street children.

The country ‘s instability had a disproportionate effect on children, who accounted
for almost 50 percent of IDPs during the year. Access to government services was
limited for all children, but displacement reduced it further.

The country is not a party to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction. For information on international parental child
abduction, please se e the Department of State ‘s annual report on compliance at
https://travel.state.gov/abduction/resources/congressreport/congressreport_4308.htm
l.
Anti -Semitism

There was no significant Jewish community, and there were no reports of anti –
Semitic acts.

Trafficking in Persons

For information on trafficking in persons, please see the Department of State ‘s
annual Trafficking in Persons Report at www.state.gov/g/tip .

Persons with Disabilities

The law prohibits discrimination against persons with both mental and physical
disabilities . It also requires that for any company employing at least 25 persons, at
least 5 percent of its staff must consist of sufficiently qualified persons with
disabilities, if they are available.

CENTRAL AFRICAN REPUBLIC 45
In addition the law states that each time the government recruits new personnel
into the civil service, at least 10 percent of the total number of newly recruited
personnel should be persons with disabilities. According to the Ministry of Family
and Social Affairs, the provision was not automatic and depended on the
availability of applications from persons with disabilities at the time of the
recruitment decision by the interested ministry.

There was no societal discrimination against persons with disabil ities. However,
there were no legislated or mandated accessibility provisions for persons with
disabilities, and such access was not provided in practice. Approximately 10
percent of the country ‘s population had disabilities, mostly due to polio, according
to the 2003 census. The government had no national policy or strategy for
providing assistance to persons with disabilities, but there were several one -of -a-
kind government and NGO -initiated programs designed to assist persons with
disabilities, including handicraft training for persons with visual disabilities and the
distribution of wheelchairs and carts by the Ministry of Family and Social Affairs.

The Ministry of Family and Social Affairs continued to work with the NGO
Handicap International during th e year to provide treatment, surgeons, and
prostheses to persons with disabilities.

National/Racial/Ethnic Minorities

Violence by unidentified persons, bandits, and other nonstate armed entitie s
against the Mbororo continued to be a problem, as they continued to suffer
disproportionately from the civil disorder in the North. Their cattle wealth makes
them attractive targets to the bandits and other nonstate armed entitie s that
controlled the North. Additionally, sin ce many citizens viewed the Mbororo as
inherently foreign due to their transnational migratory patterns, they faced
occasional discrimination with regard to government services and protections.

Indigenous People

Despite constitutional protections, there was societal discrimination against Ba ‘Aka
(Pygmies), the earliest known inhabitants of the rain forest in the South. Ba ‘Aka
constitute approximately 1 to 2 percent of the population. They continued to have
little say in decisions affecting their lands, cu lture, traditions, and the exploitation
of natural resources. Forest -dwelling Ba ‘Aka, in particular, were subject to social
and economic discrimination and exploitation, which the government has done
little to prevent. Despite repeated promises, the govern ment took no steps to issue

CENTRAL AFRICAN REPUBLIC 46
and deliver identity cards to Ba ‘Aka, lack of which, according to many human
rights groups, effectively denied them access to greater civil rights.

The Ba ‘Aka, including children, were often coerced into agricultural, domestic, and
other types of labor. They often were considered to be the slaves of other local
ethnic groups, and even when they were remunerated for labor, their wages were
far below those prescribed by the labor code and lower than wages paid to
members of other groups.

Refugees International reported in recent years that Ba ‘Aka were effectively
“second -class citizens ,” and the popular perception of them as barbaric, savage,
and subhuman seemingly had legitimized their e xclusion from mainstream society.

Societal Abuses, Discrimination , and Acts of Violence Based on Sexual
Orientation and Gender Identity

The penal code criminalizes homosexual behavior. The penalty for ” public
expression of love ” between persons of the same sex is imprisonment for six
months to two years or a fine of between 150,000 and 600,000 CFA francs ($300
and $1,200). When the relationships involve a child, the sentence is two to five
years ‘ imprisonment or a fine of 100,000 to 800,000 CFA francs ( $200 and
$1, 600 ); however, there were no reports that police arrested or detained persons
they believed to be involved in homosexual activity.

While there is official discrimination based on sexual orientation, there were no
reports of the government targ eting gays and lesbians . However, societal
discrimination against homosexual conduct persisted during the year, and many
citizens attributed the existence of homosexual conduct to undue Western
influence.

Other Societal Violence or Discrimination

Persons with HIV/AIDS were subject to discrimination and stigma, although less
so as NGOs and UN agencies raised awareness about the disease and available
treatments. Nonetheless, many individuals with HIV/AIDS did not disclose their
status for fear of soc ial stigma.

Section 7 Worker Rights

a. The Right of Association

CENTRAL AFRICAN REPUBLIC 47

The law allows all workers, except for senior -level state employees and security
forces, including the armed forces and gendarmes, to form or join unions without
prior authorization; however, only a relatively small part of the workforce,
primarily civil servants, exercised this right . The percentage of Central Africans in
the workforce during the year was estimated to be as high as 82.6 percent or
roughly 3.7 million . The percentage of workers in agriculture was 66.8 percent, in
the public sector 2.9 percent , and in the private sector 15.8 percent .

The labor code provides for the right of workers to organize and administer trade
unions without employer interference and grants trade unions full legal status,
including the right to file lawsuits. The government generally respected these
rights in practice.

There continued to be substantial restrictions that made it difficult for citizens to
hold a leadership position within a union , despite some amendments to the labor
code . Although the labor code no longer bars a person who loses the status of
worker from belonging to a trade union or participating in its administration, the
law still requires that union officials be full -time, wage -earning emp loyees in their
occupation , and only allows them to conduct union business during working hours
as long as the employer is informed 48 hours in advance and provides
authorization. In addition the law requires that foreign workers must meet the
residency re quirements of at least two years before they may organize. In June the
International Labor Organization (ILO) requested the government to amend these
provisions to ensure they are in conformity with ILO principles and standards.

Workers have the right to strike in both the public and private sectors, and they
exercised this right during the year; however, security forces, including the armed
forces and gendarmes, are prohibited from striking. Requirements for conducting a
legal st rike were excessively lengthy and cumbersome. 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 counc il that union and employer failed to reach agreement on valid
demands. The union must provide eight days ‘ advance written notification of a
planned strike. The law states that if employers initiate a lockout that is not in
accordance with the code, the emp loyer is required to pay workers for all days of
the lockout . The Ministry of Labor has the authority to determine a list of
enterprises that are required by law to maintain a “compulsory minimum service”
in the event of a strike . The government has the po wer of requisition or the
authority to end strikes by invoking the public interest. The code makes no other

CENTRAL AFRICAN REPUBLIC 48
provisions regarding sanctions on employers for acting against strikers . In June , as
on numerous other occasions, the ILO requested the government t o amend the
relevant provisions to ensure the scope of the “minimum service” and the
government ‘s power to end strikes would conform with ILO principles and
standards to provide that the workers ‘ right to strike would not be unfairly
undermined .

b. The Right to Organize and Bargain Collectively

The labor code provides that unions may bargain collectively in the public and
private sectors, and provides workers protection from employer interference in the
administration of a union.

Collective bargaining occur red in the private sector during the year, although the
total number of collective agreements concluded during the year wa s unknown.
The government generally was not involved if the two parties were able to reach an
agreement.

In the civil service, the go vernment, which was the country ‘s largest employer, set
wages after consultation, but not negotiation, with government employee trade
unions . Salary arrears continued to be a severe problem for armed forces personnel
and the 24,000 civil servants . In June the ILO recommended that the government
amend a provision of the labor code, which in effect hinders the public sector
workers ‘ right to bargain collectively by providing for the negotiation of collective
agreements in the public sector by professional gro upings even when trade unions
exist.

The law expressly forbids antiunion discrimination. The president of the labor
court said the court did not hear any cases involving antiunion discrimination
during the year. Labor unions did not report any underlying patterns of
discrimination or abuse.

Employees can have their cases heard in the labor court. The law does not state
whether employers found guilty of antiunion discrimination are required to
reinstate workers fired for union activities, although employers found guilty of
such discrimination were required by law to pay damages, including back pay and
lost wages.

There are no export processing zones.

CENTRAL AFRICAN REPUBLIC 49
c. Prohibition of Forced or Compulsory Labor

Although the labor code specifically prohibits forced or compulsory labor and
prescribes a penalty of five to 10 years ‘ imprisonment, the government did not
enforce the prohibition effectively, and there were reports that such practices
occurred. Women and children were trafficked for forced domestic labor ,
agricultural labor , mining, sales, restaurant labor, and sexual exploitation.
Prisoners often worked on public projects without compensation . In rural areas,
there were reported cases of the use of prisoners for domestic labor at some
government offi cials ‘ residences. However, in Bangui and other large urban areas,
the practice was rare, partly because of the presence of human rights NGOs or
lawyers. Prisoners often received shortened sentences for performing such work.
Ba ‘Aka, including children, oft en were coerced into labor as day laborers, farm
hands, or other unskilled labor, and often treated as slaves.

Also see the Department of State ‘s annual Trafficking in Persons Report at
www.state.gov/g/tip .

d. Prohibition of Child Labor and Minimum Age for Employment

The labor code ‘s prohibition of forced or compulsory labor applies to children,
although they are not mentioned specifically. Other provisions of the labor code
forbid the employment of children younger than 14 years of age without specific
authorization from the M inistry of Labor; however, the M inistry of Labor and Civil
Service did not enforce these provisions. Child labor was common in many sectors
of the economy, especially in rural areas, and forced labor also occurred. Unlike in
previous years, there were no reports that children were employed on public works
projects or at the residences of government officials. The labor code provides that
the minimum age for employment could be as young as 12 years of age for some
types of light work in traditional agri cultural activities or home services. The law
prohibits children younger than 18 years old from performing hazardous work or
working at night. The law defines hazardous work as any employment that
en dangers children ‘s physical and mental health . However, c hildren continued to
perform hazardous work during the year. The labor code does not define the worst
forms of child labor.

According to data collected by UNICEF in surveys between 1999 and 2007,
approximately 47 percent of children between the ages of fi ve and 14 years were
involved in child labor. UNICEF considered a child to be involved in labor if,
during the week preceding the survey, a child between five and 11 years old

CENTRAL AFRICAN REPUBLIC 50
performed at least one hour of economic activity or at least 28 hours of domestic
work or a child between 12 and 14 years old performed at least 14 hours of
economic activity or at least 28 hours of domestic work.

Throughout the country, children as young as seven years old frequently performed
agricultural work. Children often worked as domestic workers , fishermen, and in
mines (often in dangerous conditions). International observers noted that children
worked in the diamond fields alongside adult relativ es, transporting and washing
gravel, as well as in gold mining, digging holes , and carrying heavy loads. The
mining code specifically prohibits child or underage labor; however, this
requirement was not enforced during the year, and many children were seen
working in and around diamond mining fields.

In Bangui many of the city ‘s estimated 3,000 street children worked as street
vendors.

During the year nonstate armed entitie s recruited and used child soldiers (see
section 1.g.).

Displaced children continued to work in fields for long hours in conditions of
extreme heat, harvesting peanuts and cassava, and helping gather items that were
sold at markets, such as mushrooms, hay, firewood, and caterpillars.

Also see the Department of State ‘s annual Trafficking in Persons Report at
www.state.gov/g/tip .

e. Acceptable Conditions of Work

The labor code states that the minister of labor must set minimum wages in the
public sector by decree. The minimum wages in the private sector are established
on the basis of sector -specific collective conventions resulting from negotiations
between the employer and workers ‘ representatives in each sector.

The minimum wage in the private sphere varies by sector and by kind of work. For
example, the monthly minimum wage was 8,5 00 CFA francs ($ 17 ) for agricultural
workers and 26,000 CFA francs ($ 52 ) for government workers.

The minimum wage only applies to the formal sector , leaving much of the
economy unregulated in terms of wages. The annual minimum wage increased 12
percent during the year from 25,000 CFA ($50) to 28,000 CFA ($56). However,

CENTRAL AFRICAN REPUBLIC 51
the minimum wage does not provide a decent standard of living for a worker and
family . The law applies to foreign and migrant workers as well. Most labor was
performed outside the wage and social security system (in the extensive informal
sector), especially by farmers in the large subsistence agricultural sector.

The law sets a standard workweek of 40 hours for government employees and most
private sector employees. Household employees ma y work up to 52 hours per
week. The law also requires a minimum rest period of 48 hours per week for both
citizens and foreign and migrant workers. Overtime policy varied according to the
workplace; violations of overtime policy were taken to the Ministry of Labor,
although it is unknown whether this occurred in practice during the year . The
government does not enforce labor standards.

There are general laws on health and safety standards in the workplace, but the
M inistry of Labor and Civil Service neither precisely defined nor enforced them.
The labor code states that a labor inspector may force an employer to correct
unsafe or unhealthy work con ditions, but it does not provide the right for workers
to remove themselves from such conditions without risk of loss of employment.
There are no exceptions for foreign and migrant workers.