Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Article 1(1) and Article 2(1) of the Convention. Violations committed in the context of hostilities between armed groups. In its previous comments, the Committee expressed its deep concern at the persistent recourse to forced labour and sexual slavery by armed groups in the context of the conflict between the Government and these groups. The Committee noted the measures aimed at restoring peace and security in the country and the establishment of a truth and reconciliation commission and a special criminal court. It urged the Government to take the necessary measures to end the violence committed against civilians with the aim of subjecting them to forced labour, including sexual slavery, and to combat impunity of the perpetrators of these violations.

The Government indicates in its report that it is continuing its efforts to combat all forms of violence committed against civilians, including practices amounting to forced labour. It states that it has taken a number of security and legislative measures to address violence committed against civilians by armed groups, including the redeployment of the Central African armed forces to towns formerly occupied by armed groups to ensure adequate protection for civilians. The Government also indicates that hearings in the Criminal Court dedicated to rape cases (a punishable offence under section 87 of the Criminal Code) make it possible to criminally sanction, inter alia, perpetrators of rape who belong to armed groups.

The Committee notes this information. It also notes the signing on 6 February 2019 of the Political Agreement for Peace and Reconciliation in the Central African Republic (APPR-RCA) by the Government and 14 armed groups, with a view to a cessation of hostilities between the armed groups, and all abuse and violence against civilians. It also notes that, according to his report of 24 August 2020, covering the period from July 2019 to June 2020, the United Nations Independent Expert on the situation of human rights in the Central African Republic states that the deadline for concluding the disarmament and demobilization process set in this Agreement by the national authorities at the end of January 2020 was not met. The Independent Expert emphasizes that the parties to the conflict, in particular the armed groups, have reportedly been responsible for many cases of conflict-related sexual violence, including rape and sexual slavery. He states that victims are often reluctant to file a complaint for fear of reprisals and stigmatization. In addition, medical, judicial and psychosocial services have very limited capacity. While the Special Criminal Court has concluded investigations into some ten cases, the insecurity prevents access to the entire territory to conduct investigations, and the fact that hinterland courts are only partially operational remains a concern. In addition, the Independent Expert indicates that the Truth, Justice, Reparation and Reconciliation Commission (CVJRR), whose mandate is to work to promote truth, justice, reparation and guarantees of non-recurrence, in partnership with the Special Criminal Court is not yet fully operational (A/HRC/45/55, paragraphs 24, 47, 77, 78, 81). The Committee also notes that, in its concluding observations of 2020, the UN Human Rights Committee emphasizes that despite the introduction of a victim and witness protection scheme within the Special Criminal Court, the use of which is left to the discretion of judges, no measures have been taken to implement it (CCPR/C/CAF/CO/3, paragraph 9).

The Committee notes the joint public report of the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic (MINUSCA) on violations of human rights and international humanitarian law in the Central African Republic during the electoral period, from July 2020 to June 2021, according to which the security situation in the country continues to deteriorate. This report also refers to abductions, rapes and sexual slavery on the part of the armed forces and armed groups (paragraphs 55, 80, 88). On 4 May 2021, a decree was issued establishing a Special Commission of Inquiry with a mandate to investigate allegations of serious violations of human rights and international humanitarian law committed by the national armed forces, internal security forces and other security personnel between December 2020 and April 2021 (paragraph 152). While recognizing the complexity of the situation in the country, including the political-security context that remains unstable and the presence of armed groups in the territory, the Committee urges the Government to continue its efforts to ensure that no one is subjected to any form of forced labor, including sexual slavery. In addition, the Committee firmly hopes that the Government will continue to take measures to increase the effectiveness of the remedies available to victims, including by operationalizing the abovementioned mechanisms and bringing the perpetrators of these crimes to justice. It requests the Government to provide information on any progress made in this regard.

Article 25. Application of adequate criminal penalties. The Committee previously noted that while the Labour Code prohibits the use of forced labour in all its forms, neither this Code nor the criminal legislation provide for criminal penalties for the exaction of forced labour (except for trafficking in persons). It requested the Government to take the necessary steps to ensure that the legislation contains provisions that enable the competent authorities to prosecute, judge and punish the perpetrators of all forms of forced labour, not only trafficking in persons.

The Government indicates that sections 8 and 9 of the draft revised Labour Code provide for the prohibition of forced or compulsory labour. The Committee notes this information and recalls that, under Article 25 of the Convention, really adequate and strictly enforced penalties must be imposed for the illegal exaction of forced labour. The Committee therefore hopes that the Government will take the Committee’s comments into account to ensure that the legislation provides for sufficiently effective and dissuasive criminal penalties against those responsible for all forms of forced labour, whether within the framework of the draft revised Labour Code or the criminal legislation.

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