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CENTRAL AFRICAN REPUBLIC
Assemblée nationale (National Assembly) PARLIAMENTARY OVERSIGHT

Compare data for parliamentary chambers in the Oversight module

Chapters:

Parliament name (generic / translated) Assemblée nationale / National Assembly
Structure of parliament Unicameral
POLITICAL SYSTEM
Type of political regime semi-presidential
Notes The President of the Republic is the Head of State (Article 21 of the Constitution).
Head of the executive President of the Republic
Notes The President is assisted in his or her functions by a Council of Ministers.
Method for appointing the executive The President is elected directly by universal suffrage after two polls and appoints the Prime Minister by decree. The other members of Government are also appointed by presidential decree on the recommendation of the Prime Minister.
Term of office of the executive and coincidence with the term of the legislature The term of office of the Head of State is six years and does not coincide with the term for the legislature, which is five years.
Incompatibility of the functions of member of the executive and member of Parliament Yes Any deputy appointed as a member of Government has 15 days in which to decide if he or she wishes to remain a deputy or take up the appointment as a member of Government (Article 151 of the Electoral Code).
Dissolution of Parliament Yes
  • Circumstances
 The National Assembly can be dissolved by presidential decree (Article 31 of the Constitution), following consultations with the Council of Ministers, the bureau of the National Assembly and the Constitutional Court. Dissolution may take place in the case of a conflict of competence or following the search for a parliamentary majority and possibly in the case of a withdrawal of confidence in the Government and its parliamentary majority by public opinion.
  • Modalities
 In the case of a state of emergency the President can request the enactment of a law allowing him or her to legislate by decree. In cases of force majeure the National Assembly can extend its mandate. This was the case during the political and military conflicts of 1996 - 1997, which did not allow legislative elections to be held until 1.10.1998. The National Assembly, after having modified Article 102 of the Constitution, extended its second legislative mandate until 31.12.1998.
ACCOUNTABILITY
Accountability of Government to Parliament Yes According to Article 38 of the Constitution, the Prime Minister and his or her Government are collectively responsible to the President and the National Assembly.
Modalities of oversight
  • Oral and written questions of parliamentarians
 Government accountability to the National Assembly is brought into play through questions that do not give rise to votes in the Assembly.
  • Government reports to Parliament
 Not applicable
Measures
  • Vote of confidence on Government programs and/or legislative proposals
 Government accountability to the National Assembly can be brought into play during the Prime Minister's declaration of general policy to the Assembly.
Motions of censure and votes of no confidence (sub-report)
  • Circumstances
 A motion of no confidence can be tabled when there is disapproval of government actions, when there has been a violation of the Constitution and/or of laws, when the President is unable to fulfil his or her oath of office or when solutions cannot be found to problems threatening the existence of the state or of groups in the population.
  • Modalites
 A motion of no confidence requires the signatures of one third of the members of the National Assembly. The adoption of such a motion requires an absolute majority (Article 71 of the National Assembly's standing orders).
  • Consequences
 If a vote of no confidence is adopted by the National Assembly the Prime Minister and the Government resigns. Two motions of no confidence have been tabled over the past 10 years. The first was tabled by the parliamentary majority group and was adopted in the first quarter of 1995. The second motion was tabled by the opposition and was not adopted.
Dismissal and/or impeachment of Government and other public officials (sub-report)
  • Circumstances and persons concerned
 The Head of State may be arraigned for treason only, this being the only act for which he or she can be answerable to the National Assembly in the performance of his or her office (Article 96 of the Constitution). According to Article 95 of the Constitution, the President can bring any minister or deputy accused of treason before the High Court of Justice.
  • Modalites and procedure
 The Head of State can be arraigned by a resolution adopted by two thirds of the deputies. The National Assembly sends the resolution to the High Court of Justice. The President can bring charges against individuals cited by the Procureur général or by the National Assembly voting with a two-thirds majority. Six seats in the High Court of Justice are reserved for deputies (Article 94, paragraph 2 of the Constitution).
  • Consequences
 During the last 10 years and particularly at the high point of the third mutiny in 1996, the opposition group in the National Assembly tried, unsuccessfully, to impeach the President.
  • Have these procedures been applied?
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
Oversight over the actions of the Government administration Yes Government reports to the National Assembly through replies to questions put to ministers on the activities of their departments. Ministers can be assisted in providing replies by senior civil servants from the departments concerned.
Means and modalities of oversight
  • Hearings in Committees
 The National Assembly exercises oversight over government activities by hearings in committees.
  • Committees of inquiry and missions to Government departments
 The National Assembly can organise missions to government departments, to companies where there is state financial involvement or to projects where the state is the principal contractor.
  • Oral and written questions of parliamentarians
 Parliamentarians can table oral or written questions or interpellations for the Government which are not followed by debates according to Article 65 of the Constitution. Only oral questions can give rise to a debate in the Assembly. The minister involved has eight days in which to reply from the date the Government received the question (Article 73 of the National Assembly's standing orders). Ministers cannot decline to answer oral questions and interpellations without bringing into question Government's responsibility to the National Assembly (Article 78, paragraph 2 of the National Assembly's standing orders). When the Assembly is sitting every Wednesday afternoon, from 3 p.m. to 5.30 p.m., is reserved for ministers' replies to deputies' oral questions. These replies are broadcast.
  • Role of Parliament in the appointment of senior Government officials
 Not applicable
  • Activity reports of the Government administration and of public services or establishments
 Not applicable
  • Representation of Parliament in governing bodies of the Government administration
Not applicable
Existence of an ombudsman No
  • Method for appointing the executive
 A request from the President of the National Assembly to the Head of State calling for the creation of this office has already been made.
  • Relationship to Parliament
Not applicable
BUDGETARY OVERSIGHT
Consultation of Parliament in the preparation of the national budget No The National Assembly is only consulted on the preparation of its own budget prior to its integration into the wider national budget.
Modalities of oversight
  • Examination of the budget / finance act by Parliament
 The National Assembly's standing committees carry out painstaking scrutiny of the sector budgets for the various ministries during the finance bill's passage through the Assembly. This scrutiny covers both the management of the previous budget and the advisability of credit lines in the draft bill.
  • Reports on the budget / finance act by Committees
 This committee can, during its general scrutiny of the draft bill, call for clarification of items and submit a report.
Fields overseen
  • Defence budget
 The defence and finance committees, having heard the minister of defence, can decide to reduce or increase a credit line dealing with defence policy.
  • Budget of special departments
 After having heard the minister concerned, these committees can decide to reduce or increase a credit line dealing with special services.
  • Role of Parliament in national development plans
 The National Assembly makes proposals and recommendations to Government regarding shortcomings noted in various sectors of everyday life.
Parliament's deadline for the examination and adoption of the budget / finance act The National Assembly has three months to examine the national budget. This is done during the second ordinary session, also referred to as the budget session. The period runs from 1 October to 29 December (Article 59 of the Constitution).
Consequences of failure by Parliament to adopt the budget / finance act According to Article 59, paragraph 5 of the Constitution, if the budget is not voted at the end of the second ordinary session, and if this delay is the fault of the National Assembly, the President deems it voted ex officio and definitively by decree without the need for any further vote by the Assembly.
Budgetary autonomy of Parliament Yes The National Assembly receives an annual overall allocation from the national budget. This amount, together with receipts generated by the Assembly itself, forms the internal budget, which is referred to as the employment programme.
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
Evaluation of Government spending
Parliament approves Government expenditures annually No Not applicable
Parliamentary oversight of public companies No In general the National Assembly uses committees of inquiry or parliamentary visits at the conclusion of which the minister concerned can be the subject of an interpellation.
Modalities of oversight
  • Body for auditing the Government's books and method for appointing
 This body is the state general inspectorate. In addition, under Article 87 of the Constitution, a Court of Accounts has been established with its main task being the judgement of public accountants. This body can, however, also audit public accounts.
  • Reports of the public auditor's office
 Neither body reports to the National Assembly unless the Assembly requests them to do so from time to time. The Assembly exercises oversight by requiring ministers to attend hearings when their departments are the subject of an inquiry or by tabling interpellations of ministers. The Court of Accounts can be called upon to hand down a decision in any matter arising.
  • Specialised committee
 Government does not report to the National Assembly on public expenditure except when the national budget draft bill is being scrutinised. The implementation of the budget and items of public expenditure can, however, be the subject of oversight by specialised committees.
OVERSIGHT OVER FOREIGN POLICY
Foreign Relations Committee (sub-report)
  • Functions of the Committee
 The National Assembly exercises oversight over foreign policy through its committee on foreign affairs.
  • Powers of the Committee
 The committee on foreign affairs exercises oversight over the implementation of the ministry's budget; hears the minister on diplomatic or administrative irregularities, or on questions of management.
  • Composition of the Committee
 The composition of the committee reflects the numerical strength of each party in the National Assembly.
  • Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
 The National Assembly exercises oversight over foreign policy through bilateral visits, inter-parliamentary conferences and information missions abroad.
  • Plenary debates on foreign policy issues
 The National Assembly exercises oversight over certain points of foreign policy through interpellations in plenary session or when examining the national budget.
Involvement of Parliament
  • Participation of Parliament in inter-governmental meetings
 The National Assembly either requests of Government to participate in intergovernmental meetings or is requested by Government to do so.
  • Modalities and procedures for ratifying international treaties and agreements (sub-report)
 The National Assembly does not ratify treaties or international agreements. It authorises the President to do so (Article 66 of the Constitution). The Assembly may, however, request that a treaty be placed before it for ratification by a simple telephone call or written communication to this effect from the President of the National Assembly to the minister responsible for Government business in the Assembly.
  • Other mechanisms for participation in foreign policy by Parliament
There are no further means of oversight available to the National Assembly in addition to the above.
OVERSIGHT OVER NATIONAL DEFENCE POLICY
National Defence Committee (sub-report)
  • Functions of the Committee
 The National Assembly exercises oversight over defence policy through its national defence committee.
  • Powers of the Committee
 Except for any matter covered by national security regulations, the committee monitors budgetary credit lines and their implementation, any measures aimed at improving security and manpower and establishment matters.
  • Composition of the Committee
 The composition of the committee reflects the numerical strength of each party in the National Assembly.
Parliamentary oversight of public arms manufacturing companies The National Assembly can exercise oversight over public arms manufacturing companies.
Circumstances and involvement
  • Modalities and procedures in case of war, an armed attack or a state of emergency
 The National Assembly can exercise oversight over defence policy in the case of a declaration of war, a state of emergency or following an armed attack.
  • Role of Parliament in sending troops abroad
 The National Assembly can exercise oversight over defence policy when troops are to be dispatched abroad.
  • Other mechanisms for participation in national defence policy by Parliament
 Beyond what has been mentioned, the National Assembly is the sole body with the power to authorise a declaration of war (Article 56 of the Constitution).
STATE OF EMERGENCY
Circumstances A state of emergency can be declared in case of war, natural catastrophe, internal disorder or financial crisis. The President declares a state of emergency after having consulted with the Council of Ministers, the President of the National Assembly and the Constitutional Court.
Can parliament take the initiative to declare a state of emergency No
Consequences of a state of emergency for Parliament The National Assembly is consulted before a state of emergency is declared. The state of emergency is limited to 15 days under the Constitution (Article 29). The Assembly is the sole body authorised to extend this period and, should the need arise, pass the enabling legislation giving the President the powers to legislate by decree.
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
Modalities of oversight
  • Body ruling on the constitutionality of laws
A specialised body / constitutional Court The constitutionality of laws is a matter for the courts where they are so petitioned. These are then required in turn to refer the matter to the Constitutional Court (Article 70, paragraph 4 of the Constitution).
  • Means and procedures
 Any person may petition the Constitutional Court to judge the constitutionality of laws (Article70, paragraph 3 of the Constitution). Any text declared unconstitutional is null and void. It may be neither promulgated nor applied (Article 74, paragraph 2 of the Constitution). Any ratification of an international agreement containing an unconstitutional clause can only occur after the Constitution has been revised (Article 68 of the Constitution).
Evaluation of laws No The National Assembly exercises oversight over Government through committee hearings which ministers are required to attend and through interpellations of the Government. The Assembly may also make recommendations to Government.
Measures

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