In the Central African Republic, the draft revision of the Constitution challenged by justice

The Central African Supreme Court has invalidated the decree creating a committee to draft a new constitution. It’s a setback for President Faustin Archange Touadéra who launched this controversial project.

You don’t change a constitution in a snap. The Central African Constitutional Court demonstrated this by recalling that there was a procedure to follow. “The revision of the Constitution can only be carried out after the establishment of the Senate“. However, in the Central African Republic there is still no Senate because of the cancellation of an election in September, for lack of means. The supreme court thus invalidated the presidential decree judged “unconstitutional”. She had been seized by the opposition who suspected the president of putting in place a new fundamental law which would allow him to run for a third term, a syndrome in Africa.

“This is a resounding victory for all Democrats, everywhere.”

Me Crépin Mboli-Goumba, main applicant

at AFP

Faustin Archange Touadéra, elected in 2016 and re-elected in 2020 after a vote contested by the opposition, had set up a committee at the end of August to draft a new draft Constitution.

“I have listened to you. I take note of your urgent requests which have reached me from everywhere calling for a new Constitution”, he said. The power had organized demonstrations demanding a modification of the 2016 Constitution. This was not enough to pass the pill.

The initial project fell through: “a major setback for President Touadera who will have to rethink his strategy for a third term“, analyzes Thierry Vircoulon, specialist in Central Africa at the French Institute of International Relations (IFRI), interviewed by AFP. The entourage of the president denies any intention relating to a third term and says to comply with the decision. of justice. His special adviser affirms at the same time that “the reform will take another form” within a constitutional framework. This suggests the option of a referendum. Such a consultation seems unlikely in this unstable and fragile country.

In addition, the Constitutional Court has already warned that even if the initiative belongs to the Head of State, it must not be done in violation of the oath taken during his investiture. President Faustin Archange Touadéra was committed to not to revise the number or duration of his mandate.