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Central African Republic

The Draft contains most rights and obligations in the Model Law, however most rights are explicitly listed within only a few articles and not adequately detailed.

Law N°… on the promotion and protection of human rights defenders

Type of instrument: Law
Status: (as of 1 January 2022)
In Progress; Submitted to the Minister of Justice.

Comments on the instrument:
The draft law contains most of the rights and obligations enshrined in the Model Law, however most of the rights for human rights defenders are contained within a few articles and not adequately detailed. There is also no explicit reference to the right to freedom of defamation and stigmatisation.

Does the instrument contain specific provisions easily used to restrict human rights defenders’ rights? No

 


Comparison to the Model Law

Below is a short summary of the instrument compared to the Model Law. For additional information and analysis by ISHR on the Central African Republic, click here.

A selection of fundamental rights for human rights defenders incorporated in the instrument:

Provision

Covered?

Analysis / articles

Definition of Human Rights Defender

FULL

1

Right to promote and protect human rights and fundamental freedoms

FULL

1, 3

Right to Form Groups, Associations, and Organisations

FULL

3

Right to Solicit, Receive and Utilise Resources

FULL

3,  8

Right to freedom of expression and to seek, receive and disseminate Information

FULL

3, 7

Right to access and cooperate with NGOs, government organisations and international organisations

FULL

3, 7

Right to participate in public affairs

FULL

4

Right to Peaceful Assembly

FULL

3

Right to represent and advocate

FULL

3

Right to freedom of movement

NONE

 

Right to Privacy

FULL

6, 7, 15, 16(b)

Freedom from intimidation or reprisal

FULL

5, 16(a), 19

Freedom from defamation and stigmatisation

PART

12(c), 13

State obligations regarding human rights defenders in the instrument?

Obligation to respect, promote, protect and fulfil rights of human rights defenders

FULL

12

Obligation to facilitate the activities and work of human rights defenders 

FULL

12(c), 13, 14

Obligation to prevent and to ensure protection against arbitrary or unlawful intrusion, interference, and intimidation or reprisal

FULL

16, 21, 22

Obligation to investigate, provide an effective remedy and ensure reparation

FULL

17, 18

Mechanism on the protection of human rights defenders established in the instrument?
No.

Quick access

Draft Law