Policy & Legal in the Central African Republic

Policy & Legal in the Central African Republic

©Salih Abdo, 2025

What is the general policy environment for refugees in the CAR?

The Central African Republic (CAR) is party to numerous international and regional legal instruments relating to human rights and the protection of refugees, including the 1951 Geneva Convention, the 1967 Protocol relating to the Status of Refugees, and the 1969 OAU Convention governing the specific aspects of refugee problems in Africa. The CAR enacted a National Asylum Law on 28 December 2007 and issued a Decree on 6 January 2009 on the organization and functioning of the bodies responsible for implementing the national policy on refugees. Prima facie recognition has been granted to various population groups, including South Sudanese, Sudanese and Chadians who fled their country due to conflict. The 2007 National Asylum Law incorporates the broad OAU refugee definition and essential protection elements, such as a non-refoulement provision, and outlines the procedures for Refugee Status Determination (RSD). The law grants refugees the same rights as nationals, although considerable challenges remain in its implementation (CAR – UNHCR Rights Mapping and Analysis Platform).

At the Global Refugee Forum (GRF) 2023, the CAR pledged to Peacebuilding and Conflict Prevention, including commitments to improve access to justice, housing, land, and property (HLP) rights, strengthen reconciliation and peacebuilding efforts, and improve peaceful coexistence, through the National Strategy for Durable Solutions.

What rights do refugees have in the CAR?

Non-refoulement and Right to Stay in CAR

Law No. 07.019 of December 28, 2007, on the status of refugees in the CAR protects refugees and asylum seekers from expulsion or return to a place where their life or freedom would be threatened. The same law guarantees them the right to stay and move freely throughout the country. The CAR maintains an open-border policy and grants prima facie recognition to various population groups, including South Sudanese, Sudanese, and Chadians.

Freedom of Movement

The CAR has a law that grants refugees freedom of movement and residence on the same terms as nationals (Articles 19, 23, and 24).

Civil Documentation

Law No. 20.016 of June 15, 2020, establishing the Child Protection Code in the Central African Republic, provides for the free issuance of birth certificates to all children born in the Central African Republic. This law applies to all children, including foreign children and refugees.

Education

The 2007 National Asylum Law grants refugees access to the national education system. Refugees recognised by the Central African authorities enjoy the same access to education as nationals.

Health

The 2007 National Asylum Law grants refugees access to national health services.

Social Protection

The law on the status of refugees in CAR grants access to education, healthcare, and the labour market. Furthermore, in the context of social protection, the Central African Government, with the support of the World Bank, has launched the Ndoyé Project, which aims to strengthen productive social safety nets for vulnerable populations in a post-conflict and socio-economic recovery context.

The objectives of this project are:

To improve the living conditions of poor households.
To promote the economic empowerment of beneficiaries.
To strengthen social cohesion through solidarity mechanisms.

This project is being implemented in the Kagas, Fertit, and Vakaga regions. It is an inclusive project that takes refugees' vulnerability criteria into account.

Access to Justice

Within its pledge on Conflict and Peacebuilding at the 2023 GRF, the Government of the CAR pledged to improve access to justice through the following commitments:

Strengthening the judicial system through the implementation of the 2020–2024 Sectoral Justice Policy.
Combating impunity by regularly organizing criminal hearings and court martial sessions.
Supporting transitional justice mechanisms, in particular the Special Criminal Court and the Truth, Justice, Reparation and Reconciliation Commission.
Institutionalizing the magistrates' conference and adopting a draft judicial programming bill.
Development of judicial infrastructure, including the construction of a new courthouse.
Strengthening of community mediation mechanisms through Local Peace and Reconciliation Committees.

These commitments reflect a strong political will to make justice a pillar of lasting peace in the CAR.

Access to Land and Property Rights

As part of its commitment to conflict resolution and peacebuilding at the Global Refugee Forum (GRF) 2023, the Government of the Central African Republic has committed to strengthening housing, land, and property rights (HLP) through the implementation of concrete measures aimed at securing access to land resources and facilitating the restitution of property to displaced populations.

These actions include:

Modernizing the cadastre and land registration systems.
Revising the legal framework relating to property and access to land.
Strengthening community mediation mechanisms to prevent conflicts related to housing and land.
Integrating HLP rights into local development policies, with a decentralized and participatory approach.
Supporting Local Peace and Reconciliation Committees in resolving land disputes in areas of return.

These commitments are part of the national strategy on durable solutions for internally displaced persons and refugees, which promotes their reintegration, relocation, or local integration in dignified and secure conditions.

Do refugees have access to documentation?

The CAR offers legal protection for refugees under the 2007 National Asylum Law, which includes issuing refugee identity and travel documents. In addition, refugees and asylum seekers are entitled to birth, marriage, death, and other civil status documents on the same terms as nationals. Following the recognition of refugee status by the Central African Government through the CNR, refugee identity cards are issued to refugees (only to those aged 12 and over), and family composition cards are issued to all households. The Commission Nationale pour les Réfugiés - CNR (the National Refugee Commission) has initiated discussions with the competent authority regarding the issuance of biometric travel documents to refugees.

Do refugees have the right to work?

Under the 2007 National Asylum Law and 2009 Decree, refugees are legally entitled to the same rights as nationals, including the right to work. However, in practice, refugees face significant barriers to employment. These challenges include limited availability of formal employment opportunities and the prevalence of informality and latent discrimination in favour of nationals due to the country's economic situation.