Title III. Of the Executive Power
Article 22
The executive power is composed of the Head of State of the Transition and of the Prime Minister, Head of Government of the Transition.
Chapter I. Of the Head of State of the Transition
Article 23
The Head of State of the Transition is elected by the National Council of the Transition for the duration of the Transition.
In the event of the death, voluntary resignation or permanent incapacity due to medical causes of the Head of State of the Transition, the President of the National Council of the Transition will take up the vacancy. In the case where the latter are themselves subject to one of the above mentioned cases, the vacancy is taken up by the Vice-President of the National Council of the Transition.
The National Council of the Transition will proceed to organize the election of a new Head of State of the Transition within fifteen (15) days following the announcement of the vacancy by the Constitutional Court of the Transition. If it is not in session, an extraordinary session will be convened immediately to this end.
Resulting applications will be the object of a large consultation between the driving forces of the nation.
Article 24
The swearing-in of the Head of State of the Transition before the Constitutional Court of the Transition will happen as soon as the members of the Constitutional Court of the Transition have taken their oath.
During the swearing-in, left hand placed on the Constitutional Charter and right hand in the air, the Head of State takes the following oath at a formal sitting of the Constitutional Court of the Transition:
“I…(Surname and first names of the Head of State of the Transition), SWEAR BEFORE GOD AND BEFORE THE NATION TO SCRUPULOUSLY ABIDE BY THE CONSTITUTIONAL CHARTER OF THE TRANSITION, TO GUARANTEE THE INDEPENDENCE AND SURVIVAL OF THE REPUBLIC, TO SAFEGUARD THE TERRITORY’S INTEGRITY, TO PRESERVE PEACE, TO CONSOLIDATE NATIONAL UNITY, TO ENSURE THE WELL-BEING OF THE CENTRAL AFRICAN PEOPLE, TO CONSCIOUSLY FULFILL THE DUTIES OF MY STATION WITHOUT ANY REGARD TO ETHNIC, REGIONAL, RELIGIOUS OR CONFESSIONAL CONSIDERATIONS, TO NEVER EXERCISE THE POWERS THAT HAVE BEEN BESTOWED UPON ME BY THE CONSTITUTIONAL CHARTER OF THE TRANSITION FOR PERSONAL GAIN AND TO BE GUIDED IN EVERYTHING ONLY BY THE NATIONAL INTEREST AND THE DIGNITY OF THE CENTRAL AFRICAN PEOPLE”.
Article 25
The function of Head of State of the Transition is incompatible with the exercise of any other political, ministerial or legal role, any other mandate or elected role, any lucrative activity, any position of professional representation or any salaried employment.
Article 26
The Head of State of the Transition personifies and symbolizes national unity. They monitor respect for the Constitutional Charter of the Transition. They ensure, through his arbitration, the regular functioning of public powers as well as the State’s future.
They are the guarantor of national independence, of territorial integrity, of the security of people and assets throughout the entire national territory and of respect for international commitments.
Article 27
The Head of State of the Transition is the Supreme Commander of the Armed Forces. They head the Supreme Councils and Committees of National Defense.
They ensure the maintenance of public security and order.
Article 28
The Head of State of the Transition is the guarantor of judicial independence. They monitor the proper execution of judicial decisions.
They exercise the right of pardon.
Article 29
The Head of State of the Transition approves the nomination of the Prime Minister, Head of Government, in accordance with the Libreville Agreements of January 11th 2013. On proposal of the Prime Minister, they appoint the members of the Government of the Transition and terminate their mandates.
Article 30
The Head of State of the Transition chairs the Council of Ministers. They monitor the implementation of the Transition’s roadmap by the Government.
The Head of State of the Transition promulgates laws and signs Decrees agreed on in the Council of Ministers. The signing of Decrees agreed on in the Council of Ministers is subject to countersigning by the Prime Minister and the relevant Minister.
The relevant Minister countersigns Decrees in matters relevant to his competences.
Article 31
The Head of State of the Transition promulgates laws within fifteen (15) days following the transmission to the Government of the definitive adoption of the law by the National Council of the Transition. During this delay, the Head of State of the Transition, on their own initiative or under proposal of the Prime Minister, can ask for a new deliberation on the law or on certain articles. The demand must be substantiated. The new deliberation cannot be refused. If the National Council of the Transition is nearly out of session, this second deliberation, with an absolute majority of attending members, automatically takes place during the next ordinary session.
If it is not promulgated within the required delays, the law automatically comes into force after a finding by the Constitutional Court of the Transition.
Article 32
Decrees are taken in the Council of Ministers by consensus. In case of emergency, Decrees can be taken through a joint decision by the Head of State of the Transition, the Prime Minister and the relevant Minister.
The Head of State of the Transition, in agreement with the Prime Minister, appoints high ranking civil and military servants during the Council of Ministers. Appointment decrees are countersigned by the Prime Minister and the relevant Minister.
The Prime Minister’s appointment, the exercise of the right to pardon after advice of the Supreme Judicial Council, the granting of honours of the Republic, appointments within the services of the Head of State of the Transition, in accordance with a pre-established organization chart and the organization of those services, the promulgation of laws, the ratification of Treaties and International Agreements are exercised by the Head of State of the Transition without the Prime Minister’s countersignature.
Article 33
The Head of State of the Transition accredits Ambassadors and Special Envoys to foreign Heads of State. Ambassadors and Special Envoys are accredited by the Head of State.
Article 34
The Head of State of the Transition can delegate their powers to the Prime Minister, with the exception of the power to appoint and to dismiss members of the Government.
Chapter II. Of the Prime Minister, Head of Government of the Transition, and of the Government of the Transition
Article 35
The Government consists of the Prime Minister and the Ministers.
The Prime Minister is the Head of Government. They are responsible for coordinating the activities of different ministerial departments.
The function of member of the Government is incompatible with those of Head of State of the Transition, member of the National Council of the Transition, member of the Constitutional Court of the Transition and with the exercise of any other political or judicial role, any other mandate or elected role, any lucrative activity, any position of professional representation or any salaried employment.
Article 36
Competences other than those expressly delegated to the Head of State of the Transition and to the National Council of the Transition fall within the Prime Minister’s remit.
Neither the Head of State of the Transition nor the National Council of the Transition can dismiss him during the Transition period.
In the event of the death, voluntary resignation or permanent incapacity due to medical causes of the Prime Minister, the Head of State of the Transition will appoint a new Prime Minister without delay after widespread consultation and in accordance with the Libreville Agreements of January 11th 2013.
The Government of the Transition, inclusive in nature, is formed on the basis of the spirit of the political Agreement of Libreville and of the N’Djamena Declaration of April 18th 2013.
Article 37
The Prime Minister, in consultation with the Head of State of the Transition, shall implement the Transition’s roadmap.
Article 38
In consultation with the Head of State of the Transition, the Prime Minister sets the agenda in the Council of Ministers, records decisions taken previously and monitors their implementation.
Article 39
The Government directs the civil Administration.
The Prime Minister can call on the control and inspection bodies of the various State services with the exception of the Inspectorate-General of the Judicial Services and the State Inspectorate-General. The Prime Minister acts on their reports.
Article 40
The Prime Minister and the members of the Government adopt the organization charts of their departments in the Council of Ministers.
All appointment Decrees are signed by the Head of State of the Transition with the countersignature of the Prime Minister and of the relevant Minister.
The Prime Minister has regulatory powers. To this end they approve Orders and other regulatory acts necessary to the accomplishment of their missions in matters linked to the daily running of the Administration with the exception of Decrees.
Article 41
The Prime Minister ensures the implementation of laws.
Article 42
The Prime Minister heads the Cabinet Councils and the Ministerial Committees. They head the treasury committee and report back to the Head of State of the Transition.
Article 43
The Government establishes the Transition roadmap, as well as an election timetable, that it submits to the Monitoring Committee of Libreville and to the International Contact Group for approval. It presents it to the National Council of the Transition within eight (8) days of its adoption by the Council of Ministers. It shall take into account the enriching modifications of the National Council of the Transition.
It reports back to the National Council of the Transition once every semester on the implementation of the Transition roadmap. Government reports to the National Council of the Transition can be subject to debate without, however, ever giving rise to a vote.
Article 44
The Transition roadmap defines the measures that the Government intends to put in place in various priority areas of activity during the Transition period, in particular:
- Restoring peace and security of people and assets;
Monitoring the protection of civilian populations throughout the entire territory of the Central African Republic; Assisting displaced people and encouraging their return and reinstallation; Monitoring the strict compliance of Human Rights, pluralism and the freedoms of citizens; Preparing and organizing a constitutional referendum as well as free, democratic, transparent and regular presidential and legislative elections; Reorganizing the areas of defense and security; Reorganizing territorial administration Press ahead with reform of the judicial system Press ahead with the process of Disarmament, Demobilization and Reintegration (DDR) and of the Security Sector Reform (SSR) with the support of the International Community; Initiate economic and social reforms
Article 45
The elections timetable defines the tasks, the different stages, the implementation calendar as well as those in charge of the different tasks necessary to the smooth running of the electoral process during the Transition, including the adoption of an electoral code and the implementation and operationalization of the Elections National Authority (ENA).
Article 46
The Prime Minister can delegate some of his powers to Ministers.
The interim Prime Minister will be provided for in accordance with the rules of procedure of the Council of Ministers.
Article 47
The Government examines draft laws and the draft Constitution in the Council of Ministers before their submission to the Bureau of the National Council of the Transition.
It gives its advice on legislative proposals before they are put on the National Council of the Transition’s agenda. It takes part in the debate in the committee-stage and in the plenary within the National Council of the Transition. It can put forward amendments on any draft law or any Constitutional or legislative proposal during the National Council of the Transition’s work.
Article 48
A law sets out the advantages given to the Prime Minister of the Transition and to the members of the Government during the Transition. It organizes the pension regime, their security, their protocol rank and the immunities of previous Prime Ministers.
