Introduction
The engagement of states in international treaties is a cornerstone of global diplomacy and cooperation. For countries in politically and economically fragile regions, such as the Central African Republic (CAR), navigating international commitments through treaties is both a strategic and legal endeavor. The CAR, a landlocked nation in Central Africa, has faced numerous internal challenges, including political instability, conflict, and humanitarian crises. Despite these obstacles, it remains an active participant in international law, engaging in treaties to address issues ranging from peace and security to economic development and human rights. This article explores how the CAR engages in treaties under the legal framework of its Constitution and existing international conventions, with a particular focus on the procedural and substantive mechanisms for treaty-making, the nature of its legal system concerning international law (monist or dualist), and its relationship with foundational conventions like the Vienna Convention on the Law of Treaties (VCLT) of 1969. By examining these elements, this analysis seeks to provide insights into the CAR’s treaty engagement practices and offer guidance to other states on how to approach international agreements with this nation.
The article is structured as follows: First, it examines the legal basis for treaty-making in the CAR’s Constitution, identifying the relevant provisions that govern the process. Second, it analyzes whether the CAR adopts a monist or dualist approach to the incorporation of international treaties into its domestic legal system and how treaties are translated into national law. Third, it discusses the CAR’s status regarding the VCLT of 1969 and the implications of this status for other states engaging in treaties with the CAR. Finally, the article concludes with reflections on the challenges and opportunities that characterize the CAR’s participation in international commitments and provides recommendations for fostering effective treaty relationships with this nation.
Legal Framework for Treaty Engagement in the Central African Republic
The Constitution of the Central African Republic serves as the supreme legal document that outlines the framework for the state’s engagement in international treaties. The current Constitution, adopted on March 30, 2016, following a period of transitional governance and conflict, provides the basis for the country’s treaty-making powers. Specifically, Title II on the “Executive Power” and Title XI on “International Agreements and Treaties” are critical in understanding how the CAR legally enters into international commitments.
Article 69 of the 2016 Constitution explicitly vests the President of the Republic with the authority to negotiate and ratify international treaties and agreements. It states that the President “negotiates and ratifies international treaties and agreements” (Constitution of the Central African Republic, 2016, Art. 69). This provision establishes the President as the primary representative of the state in international affairs, aligning with common practices in many presidential systems where the head of state acts as the chief diplomat. However, the Constitution also introduces a system of checks and balances to ensure that treaty-making is not solely an executive prerogative. Article 70 stipulates that certain categories of treaties—those related to peace, international organizations, state finances, natural resources, personal status, and those modifying existing legislative provisions—require prior authorization from the National Assembly before ratification (Constitution of the Central African Republic, 2016, Art. 70). This parliamentary oversight reflects a commitment to democratic principles, ensuring that significant international commitments receive broader political and public scrutiny.
Moreover, Article 96 under Title XI elaborates on the hierarchy of norms and the legal effect of treaties within the domestic order. It declares that “duly ratified or approved treaties or agreements, upon publication, have a superior authority to that of laws, subject, for each agreement or treaty, to its application by the other party” (Constitution of the Central African Republic, 2016, Art. 96). This provision suggests a recognition of the supremacy of international treaties over national laws, which is a hallmark of a monist legal system. However, the phrase “upon publication” indicates that a procedural step is necessary for treaties to assume legal effect domestically, hinting at elements of dualist practice where additional legislative or administrative actions are required for implementation. The interplay between these constitutional provisions forms the bedrock of the CAR’s treaty engagement process, reflecting a hybrid approach to international law that will be discussed in greater detail in the subsequent section.
In practice, the process of entering into a treaty in the CAR typically begins with negotiations conducted by the President or delegated representatives, often involving the Ministry of Foreign Affairs. Once negotiations are concluded, the draft treaty is submitted to the National Assembly for authorization if it falls within the categories outlined in Article 70. Following parliamentary approval, the President proceeds with ratification, which may involve the exchange of instruments of ratification with the other party or parties to the treaty. Finally, the treaty is published in the Official Journal of the CAR, making it binding and enforceable within the domestic legal system. This structured process reflects the CAR’s efforts to balance executive authority with legislative oversight while adhering to international norms of treaty-making.
Monist or Dualist Approach: Incorporation of Treaties into National Law
One of the fundamental distinctions in international law is the approach states take to integrate treaties into their domestic legal systems, categorized broadly as monist or dualist. Monist systems view international law and domestic law as part of a single legal order, where international treaties automatically become part of national law upon ratification. In contrast, dualist systems treat international and domestic law as separate legal orders, requiring a distinct act of incorporation—such as legislation—to translate treaties into enforceable domestic law. Determining whether the CAR adopts a monist or dualist approach is critical to understanding how it engages with international commitments and the legal effect of treaties within its jurisdiction.
As noted earlier, Article 96 of the CAR’s 2016 Constitution suggests a monist inclination by granting duly ratified treaties superior authority over national laws. This provision aligns with the principle articulated in many monist states, where international law holds a higher or equal status to domestic legislation once integrated into the legal system (Cassese, 2005). The recognition of treaties as superior to laws upon publication indicates that, in theory, ratified treaties do not require additional legislative action to be enforceable in the CAR’s courts or administrative bodies. For instance, human rights treaties ratified by the CAR, such as the African Charter on Human and Peoples’ Rights, could theoretically be invoked directly before national courts without the need for enabling legislation, assuming they have been published as required by the Constitution.
However, in practice, the CAR’s legal system exhibits dualist characteristics due to structural and procedural barriers. The requirement of publication in the Official Journal as a prerequisite for a treaty’s domestic applicability introduces a procedural step akin to incorporation, typical of dualist systems. Moreover, the CAR’s judiciary and administrative bodies often lack the capacity or precedent to directly apply international law without specific domestic legislation or executive directives to guide implementation. This practice reflects a broader trend in many African states, where constitutional provisions suggesting monism are tempered by practical dualist approaches due to institutional weaknesses or historical influences from colonial legal systems that favored separation between international and domestic law (Maluwa, 1999).
Furthermore, the CAR’s colonial history under French rule has left a legacy of civil law traditions, which often lean toward a dualist framework, requiring explicit legislative acts to domesticate international obligations. While the Constitution does not mandate such acts for all treaties, the necessity of National Assembly authorization for specific categories of treaties (under Article 70) reinforces a dualist tendency by interposing a legislative hurdle before ratification. This hybrid approach—monist in constitutional text but dualist in application—means that treaties are not always seamlessly integrated into national law. For example, while the CAR has ratified numerous international agreements on trade and security, delays in publication or lack of implementing legislation have often hindered their practical effect within the country.
To translate treaties into national law, the CAR typically follows a multi-step process. After ratification by the President and, where required, authorization by the National Assembly, the treaty must be published in the Official Journal to gain domestic legal force. In cases where a treaty necessitates changes to existing laws or the creation of new regulatory frameworks, additional legislation may be proposed and enacted by the National Assembly. However, the chronic political instability and limited administrative capacity in the CAR often result in significant delays or incomplete implementation of such measures. This gap between constitutional intent and practical reality underscores the challenges of treaty incorporation in a state grappling with governance issues.
The Vienna Convention on the Law of Treaties (1969) and the Central African Republic
The Vienna Convention on the Law of Treaties (VCLT) of 1969 is widely regarded as the cornerstone of international treaty law, often referred to as the “treaty on treaties.” Adopted on May 23, 1969, and entering into force on January 27, 1980, the VCLT codifies customary international law on the formation, interpretation, amendment, and termination of treaties (United Nations, 1969). With 116 state parties as of recent records, the Convention provides a standardized framework that governs how states engage in treaty-making, ensuring clarity and predictability in international relations. Understanding the CAR’s status with respect to the VCLT is essential for assessing its treaty practices and informing other states on how to approach agreements with this nation.
As of the most current available data, the Central African Republic is not a party to the Vienna Convention on the Law of Treaties of 1969. It has neither signed nor ratified the Convention, according to records maintained by the United Nations Treaty Collection (United Nations Treaty Collection, 2023). This non-party status does not, however, imply that the CAR operates outside the norms of international treaty law. Many provisions of the VCLT are considered codifications of customary international law, which are binding on all states regardless of whether they have formally acceded to the Convention (Sinclair, 1984). For instance, rules on treaty interpretation (Articles 31-33 of the VCLT) and the principle of pacta sunt servanda (Article 26), which mandates that treaties must be performed in good faith, are widely accepted as customary norms and likely guide the CAR’s treaty practices implicitly.
The CAR’s non-ratification of the VCLT may stem from a variety of factors, including limited institutional capacity to engage with and implement complex international legal frameworks, political instability that has diverted attention from formal treaty accession, or a lack of prioritization of such commitments amidst pressing domestic challenges. Nonetheless, the absence of formal accession means that the CAR is not bound by the specific procedural obligations of the VCLT as a treaty, relying instead on customary international law and bilateral or multilateral agreements tailored to its specific relationships with other states.
For other countries seeking to enter into treaties with the CAR, this non-party status to the VCLT carries several implications. First, it suggests the need for explicit clarity in treaty negotiations and documentation. Without the VCLT as a formal benchmark, states should ensure that agreements with the CAR clearly articulate terms for interpretation, dispute resolution, and termination to avoid ambiguity. Second, other states should be cognizant of the CAR’s internal legal processes, particularly the requirement of National Assembly authorization for certain treaties and the publication requirement for domestic enforceability. Engaging with CAR authorities to facilitate these steps can help ensure the legal validity and implementation of treaties.
Additionally, states with strong adherence to the VCLT may wish to encourage the CAR to consider accession to the Convention as part of broader capacity-building initiatives in international law. Such accession could enhance the CAR’s integration into the global legal order, providing a standardized framework for its treaty engagements and fostering greater trust and predictability in its international commitments. Until then, states should proceed with a flexible yet meticulous approach, grounding agreements in customary international law principles while accommodating the unique procedural constraints of the CAR’s legal system.
Challenges and Opportunities in Treaty Engagement
The Central African Republic’s engagement in treaties is shaped by a complex interplay of legal, political, and institutional factors. On one hand, the constitutional framework provides a clear structure for treaty-making, with defined roles for the President and the National Assembly, as well as a recognition of the supremacy of treaties over domestic laws. On the other hand, the practical challenges of political instability, limited administrative capacity, and historical influences from colonial legal systems create significant barriers to effective treaty implementation. The hybrid monist-dualist approach, while offering flexibility, often results in delays or inconsistencies in translating international commitments into enforceable national law.
One of the primary challenges is the CAR’s ongoing conflict and governance issues, which have hindered the state’s ability to prioritize and manage international commitments. For example, while the CAR is a signatory to numerous regional and international treaties under the African Union and the United Nations, the implementation of these agreements—such as those related to peacekeeping or human rights—often lags due to resource constraints and political fragmentation. This reality underscores the need for international partners to provide technical and financial support to bolster the CAR’s capacity for treaty implementation.
Despite these challenges, there are significant opportunities for the CAR to strengthen its engagement in treaties. The constitutional emphasis on parliamentary oversight offers a democratic foundation that can be leveraged to build public and political support for international agreements. Moreover, the CAR’s strategic position in Central Africa and its membership in regional organizations like the Economic Community of Central African States (ECCAS) provide platforms for deepening treaty-based cooperation on issues such as trade, security, and environmental protection. International actors can play a pivotal role by facilitating dialogue and capacity-building programs aimed at aligning the CAR’s treaty practices with global standards.
Conclusion
Navigating international commitments in the Central African Republic is a multifaceted endeavor shaped by its constitutional provisions, legal traditions, and socio-political context. The 2016 Constitution establishes a structured process for treaty-making, centered on the President’s authority with legislative oversight from the National Assembly, and recognizes the supremacy of treaties over national laws upon publication. However, the CAR’s hybrid monist-dualist approach reveals a gap between constitutional intent and practical implementation, often requiring additional steps to incorporate treaties into national law. The country’s non-party status to the Vienna Convention on the Law of Treaties of 1969 further complicates its treaty engagements, necessitating careful negotiation and documentation by other states to ensure mutual understanding and enforceability of agreements.
For the international community, engaging with the CAR in treaties requires an appreciation of its unique legal and political landscape. While challenges such as instability and limited capacity persist, there are opportunities to support the CAR in strengthening its treaty practices through capacity-building and regional cooperation. By fostering a collaborative approach grounded in customary international law and tailored to the CAR’s domestic processes, states can contribute to a more robust and predictable framework for international commitments in this region. Ultimately, the CAR’s journey in navigating international treaties reflects both the aspirations and complexities of a state striving to assert its role in the global legal order amidst formidable domestic constraints.
References
- Cassese, A. (2005). International Law (2nd ed.). Oxford University Press.
- Constitution of the Central African Republic. (2016). Adopted March 30, 2016. Available through official government publications and online legal databases.
- Maluwa, T. (1999). International Law in Post-Colonial Africa. Kluwer Law International.
- Sinclair, I. (1984). The Vienna Convention on the Law of Treaties (2nd ed.). Manchester University Press.
- United Nations. (1969). Vienna Convention on the Law of Treaties. Adopted May 23, 1969, entered into force January 27, 1980. United Nations Treaty Series, vol. 1155, p. 331.
- United Nations Treaty Collection. (2023). Status of Treaties: Vienna Convention on the Law of Treaties. Retrieved from the United Nations Treaty Collection database.
