Seeking asylum in the Central African Republic

Article 1 of Law No. 07.019, published in the Official Journal of the Central African Republic in March 2008, recognises as a refugee anyone with a well-founded fear of persecution because of race, nationality, religion, membership of a particular social group or political opinion who is outside their country, as well as anyone forced to leave their country because of external aggression, occupation, foreign domination or events seriously disturbing public order. Dependants and family members living with the refugee share the same status unless an exclusion clause applies to them.

Article 2 excludes people for whom there are serious reasons to believe they committed a crime against peace, a war crime or a crime against humanity, a serious non-political crime outside the country before admission, or acts contrary to the purposes and principles of the United Nations or the African Union.

The claimant files the request directly with the Secretary General of the National Commission for Refugees, through the UNHCR, or through a non-governmental organisation working to promote and defend human rights. In the provinces the claim is lodged with the prefect or the nearest territorial authority, which holds a preliminary hearing, records the statements and gives the head of family a receipt that serves as a provisional stay authorisation and identity document and lists the accompanying dependants. The file and the record are forwarded to the CNR Secretary General within three months at most and entered in a register for the eligibility sub-commission.

The receipt is valid for three months and renewable. A person who fears for their life and safety is not penalised for irregular entry or stay, provided they report to the competent authorities within three months; their movements may be restricted only where necessary until status is determined.

The CNR, placed under the Ministry of the Interior, consists of a Secretary General and an eligibility sub-commission that examines claims. The claimant may be assisted by counsel of their choice at their own expense, and an interpreter is provided when needed. Decisions must be reasoned. The CNR Secretary General notifies the claimant no later than 30 days after the sub-commission's minutes are signed, and decisions granting status are confirmed by an order of the Minister of the Interior. A notice of refusal, loss or cessation must state the available remedies.

No asylum seeker or refugee may be returned or expelled to a country where their life or freedom would be threatened, and those lawfully in the territory may be expelled only for national security or public order, with the chance to present a defence. Asylum seekers holding a provisional stay document have access to social assistance, medical care, public education and freedom of movement, and both asylum seekers and refugees can obtain civil-status documents and access courts and administrative services like nationals.

Recognised refugees are treated like nationals for professional activity, access to employment, freedom of association, social assistance, medical care and education, including university fees. They receive a refugee identity card from the Minister of the Interior, which serves as a residence and establishment permit, and on request a Convention travel document; both are issued free apart from the photos. Refugees may contact UNHCR at any time and may apply for Central African nationality under the laws in force.

A claimant who disputes the eligibility sub-commission's decision may refer it to the Appeals Commission, attached to the National Coordination for the Protection of Refugees, within 30 days of notification. The appeal is free, and the claimant may stay in the country until the Appeals Commission has ruled. Its decision is confirmed by order of the Minister of the Interior and notified to the person and communicated to UNHCR within 30 days.

The claimant can then take the case to the competent court within 90 days of notification. This court appeal does not suspend the procedure, but the claimant may ask for a stay of execution, on which the judge must rule within eight days.