Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 29) sur le travail forcé, 1930 - République centrafricaine (Ratification: 1960)

Articles 1(1), 2(1) and 25 of the Convention. 1. Violations committed in the context of hostilities between armed groups. The Committee notes the various reports from several United Nations (UN) bodies concerning the grave crisis facing the Central African Republic. It notes in particular the resolution adopted by the UN Security Council on 10 April 2014, which expresses serious concern at multiple violations of international humanitarian law and widespread human rights violations and abuses, … committed by both former Seleka elements and militia groups, in particular the “anti-Balaka” (S/RES/2149(2014)). Furthermore, the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expresses its concern at the forced recruitment of women and girls, sexual slavery and forced marriages perpetrated by armed groups (CEDAW/C/CAF/CO/1-5, 18 July 2014). However, the Committee notes that the Security Council members, in their press statement of 24 July 2014, welcomed the signing of an agreement on the cessation of hostilities and violence between armed groups in the Central African Republic during the Central African National Reconciliation Forum held in Brazzaville on 23 July 2014. They stressed the need to address the underlying causes of the conflict through an inclusive and comprehensive political dialogue and national reconciliation process, efforts to fight impunity, formulation of a disarmament, demobilization, reintegration and repatriation strategy, including for children formerly associated with armed forces and groups, and the rebuilding of effective state institutions (Security Council press statement, SC/11491-AFR/2941).

While remaining aware of the complexity of the situation and the efforts made by the transitional Government to restore peace and security, the Committee trusts that the Government will 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 hopes that the signing of the cessation of hostilities and violence agreement between armed groups in the Central African Republic will enable the transition to be completed to the restoration of the rule of law and security and bring an end to the climate of impunity, which are essential to enable the victims to assert their rights and the justice system to punish the perpetrators.

2. Idleness, active population and compulsory activities. For many years the Committee has been asking the Government to take the necessary steps to formally repeal the following provisions of the national legislation, which are contrary to the Convention inasmuch as they constitute a direct or indirect compulsion to work:

• -Ordinance No. 66/004 of 8 January 1966 concerning the suppression of idleness, as amended by Ordinance No. 72/083 of 18 October 1972, under which any able-bodied person aged between 18 and 55 years who cannot prove that he or she is engaged in a normal activity providing for his or her subsistence or engaged in studies shall be considered to be idle and shall be liable to imprisonment of one to three years;
• -Ordinance No. 66/038 of June 1966 concerning the supervision of the active population, under which any person aged between 18 and 55 years who cannot prove that he or she belongs to one of the eight categories of the active population shall be called up to cultivate land designated by the administrative authorities and shall also be considered a vagabond if apprehended outside his or her subprefecture of origin and shall be liable to imprisonment;
• -Ordinance No. 75/005 of 5 January 1975 obliging all citizens to provide proof of the exercise of a commercial, agricultural or pastoral activity and rendering any person in breach of this provision liable to the most severe penalties; and
• -section 28 of Act No. 60/109 of 27 June 1960 concerning the development of the rural economy, under which minimum areas for cultivation are to be established for each rural community.

The Committee notes the Government’s indication in its report that an inter-ministerial committee has been assigned the task of examining these texts with a view to the repeal or amendment thereof and that the Ministry of Labour will do its utmost in pursuit of this objective. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the work of the inter-ministerial committee results in specific proposals and that the provisions of the national legislation which are contrary to the Convention are formally repealed.

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