CONTENTS | ANB-BIA HOMEPAGE | WEEKLY NEWS
by Gabin-Eric M'Bika, CAR, January 1999
THEME = JUSTICE
Though the arrival of the twenty-first century is characterised by
the spread of democracy,
there are still traces of totalitarian resistance in some places
In our days, democracy is a "must" for any country which claims to be governed by "the rule of law". The "sovereignty of the people" implies that the Law is applied to all and sundry, equally. i.e. All are equal under the Law. Justice is one of its fundamental pillars. The dictionary defines it as "the virtue by which each one is treated according to what is due to him or her". Rights go hand in hand with duties. There is a necessary balance or judgement to be made and the judiciary is its guarantor.
The Central African Republic (CAR) has embraced democratic institutions for some years. But how real is the power of the judiciary? Landlocked in the heart of Africa, CAR is a very large country (623,000 sq.km) with a scanty population (about 3 million). There are about one hundred judges and forty lawyers. There's also a bar association. To become a judge, one has to have a degree in law and pass a competitive examination. Updating courses are foreseen, generally in other African countries and sometimes in France.
In the CAR, it is the government which makes senior appointment. Our Constitution, as well as other official legal commentaries, guarantees the independence of judges. But in reality, the application of this principle is not very effective.
Judges are appointed and promoted by a Higher Judicial Council, presided over by the Head of State. In his absence, the Minister of Justice takes his place. Given the direct influence of the Head of State on the Judiciary, the power of the executive is shadowy and very powerful. By this fact, political and ethnic factors take precedence over justice. Thus, very often, only judges who support the government are appointed to some "suitable" region. If the judges continue with their support, then they are likely to stay in their chosen area; if not, they are summarily moved elsewhere without prior consultation. This scenario also applies to other branches of the Judiciary.
Though they are governed by particular regulations, distinct from those regulating other public functionaries, judges are paid by the state. Indeed, they are among the best paid public servants. No wonder then, that after the final school-leaving exams, most students opt for legal studies. The Faculty of Law has four or five times more students than other faculties.
However, today, the economic crisis and the accumulated delay in paying salaries, has set in motion a vicious circle at every level: social, cultural, moral and political. Corruption has reared its ugly head. There's an overpowering temptation for "under the counter" justice whereby justice is exchanged for financial or some other kind of "consideration". Villagers, farmers and ordinary people, even if their case is just, feel powerless when faced with rich people who can silence everybody with their money.
Mobsters band together to get their accomplices freed. In some cases, robbers are set free during the night to ply their usual trade, the prison guards sharing in the booty. In some areas, people are getting fed up with what's happening and are taking the law into their own hands. When a thief is caught red handed, he is forced to swallow liquid cement or boiling palm oil or he is beaten to death.
Even if criminal investigations appear to begin objectively, they are often thrown off-course at the last moment or simply abandoned.
Delay in taking people into custody is often elastic, at least for some social classes. There are sensational cases when the files are lost or simply forgotten and a person can wait for months until his case is settled. Since engaging a lawyer means putting up a large sum of money, ordinary people don't know where to turn.
CAR's Bishops' Commission for Justice and Peace which has been working for some years to bring true justice and peace to the country, has an important role to play in making people aware of their rights and obligations. The Commission organises training and information sessions on the rights and duties of citizens, as well as on the country's judicial set-up. It's encouraging to note that judges do their best to work with the Justice and Peace Commission.
Let's look at a case in question. The trial of former Emperor Bokassa gave much credibility to CAR's justice system. But at the same time it's disappointing to perceive that the general poverty and destitution at every level of society, weakens the system and makes it open to abuse, even though judges are well educated, young and dynamic.
Would more independence from political power, and some financial autonomy be enough to make CAR's judiciary more reliable? At any rate, the challenge is there and has to be met.
END
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