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

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

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee observed that despite the adoption of the 2009 Labour Code, which 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 the signature of the 2008 Libreville Comprehensive Peace Agreement and the N’Djamena Declaration of 9 June 2010, children were still among the ranks of various armed groups and local self-defence militia. Indeed, children continued to engage in combat as part of 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).

The Committee notes the information contained in the report of 15 May 2014 of the United Nations (UN) Secretary-General to the Security Council on children and armed conflict (A/68/878–S/2014/339). According to this report, the human rights situation worsened dramatically throughout 2013 in the Central African Republic, with a proliferation and shifting of alliances of armed groups: on the one hand, the CPJP, CPJP fondamentale, FDPC and UFDR, which came to form the Séléka coalition or are associated in varying degrees with the ex-Séléka coalition; on the other hand, the anti-Balaka, a local defence militia which emerged in the second half of the year in response to the systematic attacks against the civilian population by the ex-Séléka coalition. Both the anti-Balaka and the Séléka coalition systematically recruited and used children. The UN documented the recruitment and use of 171 boys and 17 girls and estimate that several thousand children have been and remain associated with the ex-Séléka and the anti-Balaka. The Secretary-General expressed deep concern at the ongoing humanitarian crisis and the continuing climate of lawlessness and impunity.

The Committee notes the Government’s indication that the forced recruitment of children under 18 years of age by armed groups and self-defence militias is a source of deep concern for the transitional Government. A special commission of inquiry and investigation, which has been established by decree at the Ministry of Justice, will have responsibility for in-depth investigations into crimes and offences relating to the recruitment of children under 18 years of age for use in armed conflict, and the prosecution and conviction of the perpetrators.

The Committee also notes the current situation with deep concern, especially as it entails other violations of the rights of the child, such as abductions, murders and sexual violence. It recalls once again that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee urges the Government to intensify its efforts to eliminate in practice the forced recruitment of children under 18 years of age by all armed groups in the country. Referring to Security Council resolution 2068 of 19 September 2012, which recalls “the responsibilities of States to end impunity and to prosecute those responsible for … war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate measures to ensure the investigation and prosecution of offenders and to ensure that sufficiently effective and dissuasive penalties are imposed on persons found guilty of recruiting children under 18 years of age for use in armed conflict. 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.

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 vocational training. Child soldiers. In its previous comments, the Committee noted that UNICEF was responsible for coordinating the disarmament, demobilization and reintegration of children in the Central African Republic and that hundreds, if not thousands, of child soldiers had been demobilized and reintegrated.

The Committee notes the Government’s indication that measures have been adopted in partnership with UNICEF to provide appropriate direct assistance for removing child victims of forced recruitment from armed groups and ensuring their rehabilitation and social integration. Among other things, UNICEF has launched vocational training modules for demobilized children in occupations such as engineering, carpentry and masonry. The Government indicates that the resumption of hostilities has hampered these measures but that the programme will be revived as peace is progressively restored.

The Committee notes with deep concern that, according to the UN Secretary-General’s report of 15 May 2014 to the Security Council, the increase in insecurity has led to the re-enlistment of children. On 1 April 2013, a total of 41 children (36 boys and five girls), who had been demobilized from the CPJP in August 2012 and were in a transit and reorientation centre, were re-enlisted by elements of the ex-Séléka in the towns of Ndélé and Bria in the north-east of the country. In December, five boys who had been demobilized from the ex-Séléka were re-enlisted by the anti-Balaka in Bangui.

The Committee notes that, according to the Secretary-General’s report to the Security Council, the situation of insecurity has restricted humanitarian action in many parts of the country. However, on 26 November 2013, in view of the re-enlistment of children who had been removed from armed groups, the Ministry of Defence gave the UN unrestricted access to military barracks and cantonment sites for screening purposes, and the transitional authorities reiterated this commitment in December 2013. A total of 149 enlisted children were thus removed from the ex-Séléka. In early 2014, the transitional Government undertook a review of the national disarmament, demobilization and reintegration strategy. The UN is working closely with the transitional authorities on this issue to ensure that adequate provisions on the disarmament, demobilization and reintegration of children are incorporated in the national strategy. While noting the measures taken by the Government and the difficulty of the situation, the Committee urges the Government to intensify its efforts to provide appropriate direct assistance for removing child victims of forced recruitment from armed groups and ensuring their rehabilitation and social integration so as to guarantee their long-term definitive demobilization. It requests the Government to provide information in its next report on progress made in this respect and the results achieved.

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