Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Forced Labour Convention, 1930 (No. 29) - Central African Republic (Ratification: 1960)

Articles 1(1) and 2(1) of the Convention. Violations committed in the context of hostilities between armed groups. In its previous comments, while bearing in mind the complexity of the situation in the country and the efforts made by the transitional Government to restore peace and security, the Committee asked the Government to take the necessary steps to end the violence committed against civilians, particularly women and children, with the aim of subjecting them to forced labour, including sexual slavery.

The Committee notes the Government’s indication in its report that, after a period of transition, the constitutional order of the country has been restored and the established institutions are now operational. A number of steps have been taken to end the violence committed against civilians, particularly women and children, in particular: (i) the National Plan to restore and consolidate peace (2017–21); (ii) the process to update the political dialogue on social protection conducted in June 2017 by the Ministry of Social Affairs in partnership with the World Bank, UNICEF and the ILO; and (iii) the disarmament, demobilization, reintegration and repatriation (DDRR) programme.

The Committee notes that these initiatives are aimed at restoring peace and security in the country. The Committee also notes that the Independent Expert on the situation of human rights in the Central African Republic, in her 2017 report to the United Nations Human Rights Council, observed that the Lord’s Resistance Army (LRA) continues to commit serious abuses against the civilian population in the areas under its control in the east of the Central African Republic, to attack villages, to loot property and to abduct civilians almost routinely, subjecting them to forced labour, forced recruitment, sexual slavery and sexual violence. Between July 2016 and June 2017, the Human Rights Division of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) documented more than 100 incidents, which left over 360 victims (A/HRC/36/64, paragraph 53). The Independent Expert emphasized that the resurgence of widespread violence has gone hand in hand with a significant increase in acts of sexual violence committed by armed groups (paragraph 63). She also observed that a truth and reconciliation commission and a special criminal court are being established and that these two institutions might help victims to assert their rights (paragraphs 80 and 81). In this regard, the Independent Expert recalled the importance of ensuring the safety and protection of victims and witnesses, in order to encourage them to testify about the serious violations they suffered or witnessed (paragraph 92).

In the light of the above, the Committee is bound to express its deep concern at the persistent recourse to forced labour and sexual slavery by armed groups, as well as the large number of victims of such practices. While acknowledging the complexity of the situation prevailing on the ground and the presence of a conflict and armed groups in the country, the Committee urges the Government to take, as a matter of urgency, the necessary measures to end the violence committed against civilians with the aim of subjecting them to forced labour, including sexual slavery. It also requests the Government to take the necessary steps to combat impunity and to ensure that the perpetrators of these serious violations of the Convention are brought to justice and punished, and that the victims are compensated for the harm suffered. Lastly, the Committee requests the Government to provide information on the results achieved in this regard.

Article 25. Application of adequate criminal penalties. The Committee previously noted that the national legislation did not contain provisions that would enable full effect to be given to Article 25 of the Convention, which establishes that the exaction of any form of forced labour shall be punishable with criminal penalties that are really adequate. While the Labour Code prohibits recourse to forced labour in all its forms, it does not establish the applicable penalties, and the criminal penalties established by section 151 of the Penal Code apply only to the offence of trafficking in persons.

The Committee notes that the Government’s report does not contain any information on this matter. In view of the fact that the definition of forced labour provided in the Convention is very broad and covers various practices that are not limited to trafficking in persons, the Committee requests the Government to take the necessary steps to ensure that the legislation contains provisions that enable law enforcement bodies and the authorities to prosecute, judge and punish the perpetrators of all forms of forced labour.

The Committee is raising other matters in a request addressed directly to the Government.