Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - République centrafricaine (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted with satisfaction that new Act No. 09.004 issuing the Labour Code of the Central African Republic (Labour Code of 2009), adopted in January 2009, prohibits the forced or compulsory recruitment of children under 18 years of age for use in armed conflict throughout the territory of the Central African Republic and establishes fines and terms of imprisonment for violations.

The Committee notes the report of 13 April 2011, of the United Nations Secretary-General on children and armed conflict in the Central African Republic (S/2011/241), for the reporting period December 2008 to December 2010. It notes that, according to the information in the report (paragraphs 43–45), the Government of the Central African Republic signed the N’Djamena Declaration of 9 June 2010, in which it undertook to stop the use of children within the armed forces and to adopt specific institutional measures to ensure the release and reintegration of children associated with armed groups. The Government also participated in the African Union ministerial meeting of 13 and 14 October 2010 concerning the Lord’s Resistance Army (LRA), further to which the participating States undertook, inter alia, to set up a joint operations centre and conduct joint patrols along the borders of the countries affected by LRA attacks.

However, the Committee observes that the United Nations Secretary-General noted in his report that the recruitment of children by armed groups remains a source of serious concern, especially in the north-east and east of the country (paragraph 15). The report reveals that children are still among the ranks and continue to engage in combat with the various armed groups, namely, the Armée populaire pour la restauration de la République et de la démocratie (APRD), the Union des forces démocratiques pour le rassemblement (UFDR), the Convention des patriotes pour la justice et la paix (CPJP), the Mouvement des libérateurs centrafricains pour la justice (MLJC) and the Front démocratique du peuple centrafricain (FDPC) (paragraphs 16–19). The Committee notes that these various groups, with the exception of the CPJP, all signed the 2008 Libreville Comprehensive Peace Agreement (paragraphs 3 and 4). The presence of children in the ranks of local self-defence groups, supported by the local authorities to provide protection for civilians in the absence of national defence and security forces, also remains a source of serious concern, especially in the areas affected by the LRA (paragraph 51). Moreover, the Secretary-General’s report indicates that the LRA continues to abduct and forcibly recruit children for use as fighters, spies, domestic servants, sexual slaves and porters. Finally, the Committee notes that murders of children and rapes and other forms of aggression committed against children by armed groups remain a source of deep concern (paragraphs 20–24).

The Committee notes that despite the adoption of the Labour Code of 2009, which prohibits the forced or compulsory recruitment of children under 18 years of age for their use in armed conflict throughout the territory of the Central African Republic and the signature of the 2008 Libreville Comprehensive Peace Agreement, children are still present in the ranks of the various armed groups and local self-defence militia. The Committee, therefore, expresses its deep concern at the persistence of this practice, especially as it results in other violations of the rights of the child, such as abductions, murders and sexual violence. The Committee urges the Government to intensify its efforts to eliminate in practice the forced recruitment of children under 18 years of age by armed groups and local self-defence militia supported by the local authorities, especially in the north-east and east of the country. Referring to Security Council resolution 1998 of 12 July 2011, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate and effective measures to ensure the thorough investigation and robust prosecution of persons who forcibly recruit children under 18 years of age for use in armed conflict and to ensure that adequate penalties constituting an effective deterrent are imposed in practice. It requests the Government to supply information on the number of investigations conducted, prosecutions brought and convictions handed down pursuant to the provisions of the Labour Code of 2009.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Direct assistance for the removal of children from the worst forms of child labour and to ensure their access to free basic education and, wherever possible and appropriate, to vocational training. Child soldiers. Further to its previous comments, the Committee notes the information provided in the report of 13 April 2011 of the United Nations Secretary-General (S/2011/241, paragraphs 52–58), according to which UNICEF is responsible for coordinating the disarmament, demobilization and reintegration process of children in the Central African Republic. In 2009 and 2010, a total of 525 children, including 37 girls, were demobilized from the ranks of the APRD by UNICEF and its implementing partners. The Committee notes that all these children were reintegrated into their families and communities and received assistance with rehabilitation and social integration. The report also reveals that between 2007 and 2010 a total of 1,300 children were demobilized from the APRD. Moreover, in 2010, a total of 95,797 vulnerable children (62 per cent boys and 38 per cent girls), including children associated with the armed groups and armed forces, benefited from educational and vocational training activities, income-generating packages, psychological and social support, counselling and access to health services. The Committee also notes that four transit centres were built in 2009 and 2010 to receive and provide care for children affected by armed conflict. The report reveals, nevertheless, that various problems continue to arise with regard to catering for children previously associated with the armed groups. A particular issue is that these children are reintegrated into communities which have limited access to basic services and few possibilities for subsistence, with the result that some of them rejoin the ranks of the armed groups in order to receive the benefits provided in the context of the disarmament, demobilization and reintegration process or engage in economic activity, especially in the mines. The Committee requests the Government to intensify its efforts to provide appropriate direct assistance for the removal of child victims of forced recruitment from the armed groups and ensure their rehabilitation and social integration so as to guarantee the long-term definitive demobilization of these children. It expresses the strong hope that the Government will take the necessary measures to facilitate the establishment and implementation of plans of action by the armed groups to stop the recruitment and use of children in their ranks. It requests the Government to provide information in its next report on the progress made in this respect.

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