Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

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. The Committee previously noted the forced recruitment of children of under 18 years of age for use in the armed conflict which was taking place in the country. The Committee noted an agreement signed on 5 May 2015 by ten armed groups to stop and prevent the recruitment and use of children, and the adoption of a new Constitution in March 2016. It noted the information provided by the Government, according to which, as part of the first pillar of the National Recovery and Peacebuilding Plan for the Central African Republic (RCPCA) for 2017-21, entitled “Support peace, security and reconciliation”, the Government has initiated the process of disarmament, demobilisation, reintegration and repatriation, and also the reform of the security sector, with a view to restoring the authority of the State to allow it undertake investigations and prosecute the perpetrators of forced recruitment of children. The Committee observes, however, from a report dated 28 July 2017 by the independent expert on the human rights situation in the Central African Republic, that the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) estimated that between 4,000 and 5,000 children were enlisted. The Committee expressed deep concern at the current situation and urged the Government to intensify its efforts to eliminate the forced recruitment of children under 18 years of age by all armed groups in the country. It also urged the Government to take immediate measures to ensure that the investigation and prosecution of offenders is carried out and 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.

The Government indicates in its report that efforts continue under the implementation of the first pillar of the National Recovery and Peacebuilding Plan for the Central African Republic for 2017-21. It states that, in partnership with the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA), the progressive redeployment of the defence and security forces is intensifying throughout the territory, especially in the secondary cities of the country, previously occupied by armed groups, in order to ensure the security and protection of the civilian populations. The Government further indicates the adoption of an Act issuing the Child Protection Code in 2020, to protect children from enlistment in the armed forces or by armed groups. The Committee takes due note of this information and observes that the Report of the United Nations Secretary-General of 12 October 2020 on the Central African Republic clarifies that the Child Protection Code, promulgated on 15 June 2020, criminalizes the recruitment and use of children by the armed forces and groups, and considers enlisted children as victims (S/2020/994, paragraph 70).

The Committee notes the Political Agreement for Peace and Reconciliation in the African Republic (APPR-RCA), signed on 6 February 2019 between the Government and 14 armed groups, which calls for a stop to hostilities between the armed groups, as well as the ceasing of all exactions and violence against the civilian populations. The Agreement, which includes an implementation mechanism, calls for the establishment of a Truth, Justice, Reparation and Reconciliation Commission (CVJRR). The Committee notes from the report by the independent expert on the human rights situation in the Central African Republic of 24 August 2020, covering the period from July 2019 to June 2020, that the time limit fixed by the national authorities of the end of January 2020 to complete disarmament and demobilisation was not respected. Regardless of their engagements under the Agreement, the armed forces and armed groups in the country that were signatories thereof had recourse to the recruitment and use of children (A/HRC/45/55, paragraphs 24, 25, 33, 36, 39 and 40).

According to a report dated 4 August 2021 published jointly by the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the MINUSCA on violations of human rights and international humanitarian law in the Central African Republic during the electoral period, and specifically on the period from July 2020 to June 2021, the security situation worsened progressively in the country. The recruitment of children by parties to the conflict were included among the violations observed.

The Committee notes from the report of the United Nations Secretary-General of 6 May 2021 on children and armed conflict, that 584 cases of children (400 boys and 184 girls) recruited and used by armed groups and the armed forces were confirmed in 2020, including by ex-Séleka factions (the majority), and other armed groups as well as by the internal security forces and the Central African armed forces. Children were used as combatants and in support roles, and were subjected to sexual violence. Moreover, 42 cases of child deaths were confirmed and 82 cases of sexual violence were verified; 58 children were abducted by armed groups for the purposes of recruitment, sexual violence and ransoms. The Secretary-General expressed alarm at the sharp increase in recruitment and use of children in the armed conflicts as well as the increased incidence of sexual violence, abduction, compounded by electoral violence (A/75/873-S/2021/437, paragraphs 24, 26, 27, 30, 34, 35). The same report also emphasizes the conviction of 110 perpetrators of violations against children (paragraph 32). The Committee finds itself obliged to deplore the continuing recruitment and use of children in the armed conflict in the Central African Republic, all the more so as it gives rise to other serious violations of the child rights, such as abductions, murder and sexual violence. While recognizing the complexity of the situation prevailing on the ground and the existence of an armed conflict and armed groups in the country, the Committee urges the Government to pursue its efforts to put an end to the practice of forced recruitment of children of less than 18 years of age by the armed forces and armed groups in the country. Moreover, the Committee again urges the Government to take immediate and effective measures to ensure that all persons, including members of the regular armed forces, who recruit children of under 18 years of age for use in armed conflict, are thoroughly investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice, in conformity with the Child Protection Code. The Committee requests the Government to provide information on the number of investigations undertaken, prosecutions filed and convictions handed down against such persons. It also requests a copy of the Child Protection Code.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously observed that the impact of the political and security crisis in the Central African Republic has aggravated the situation regarding basic education for children. It noted various measures taken by the Government to promote children’s access to education. However, the Committee noted information according to which the school attendance rate is extremely low, in particular for girls, and the drop-out rate between primary and secondary education is high. The Committee urged the Government to intensify its efforts and take effective and time-bound measures to improve the operation of the education system and facilitate access to good quality basic education for all children in the Central African Republic, including in the zones affected by the conflict, giving special attention to the situation of girls.

The Government indicates that the Act issuing the Child Protection Code, adopted in 2020, includes provision on education and the protection of children in the school environment. The Committee notes that the Report of the United Nations Secretary-General on the Central African Republic of 16 June 2021 highlights the fact that half of the country’s children are out of school (S/2021/571, paragraph 38). Furthermore, the independent expert on the human rights situation in the Central African Republic draws attention, in his report of 24 August 2020, to the partial or total closure of several schools as a result of the armed conflict, particularly in the hinterland, cutting off children’s access to education (A/HRC/45/55, paragraph 61). According to the UNICEF communication of 27 April 2021, available on the UN info internet site, one school in four is not functioning due to the combat.

The Committee also noted that the confrontations during the electoral period between July 2020 and June 2021 gave rise to pillaging, attacks and occupation of numerous schools, gravely affecting the resumption of school in early January 2021 joint report of the OHCHR and the MINUSCA on violations of human rights and international humanitarian law in the Central African Republic during the electoral period, paragraphs 31, 112, 113 and 115). The Committee is obliged to express its deep concern at the large number of children deprived of education as a result of the climate of insecurity prevailing in the country. It recalls that education plays a key role in preventing children from engaging in the worst forms of child labour, including their recruitment in armed conflicts. While recognizing the difficult situation prevailing in the country, the Committee urges the Government to intensify its efforts to improve the operation of the education system and facilitate access to free basic education for all children, including girls, and in the zones affected by the conflict. It requests the Government to provide information on the concrete measures taken in this regard as well as on the school attendance, maintenance and drop-out rates at primary and secondary levels.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted the revision of the national disarmament, demobilization and reintegration strategy to include appropriate provisions concerning children. It noted information from UNICEF to the effect that 9,449 children had been freed from armed groups between January 2014 and March 2017, but only 4,954 had benefited from reintegration programmes. Furthermore, the United Nations Secretary-General indicated that many demobilized children and been enlisted again in the armed groups. The Committee urged the Government to intensify its efforts to provide appropriate direct assistance to remove child victims of forced recruitment from armed groups and ensure their rehabilitation and social integration so as to guarantee their long-term, definitive demobilization.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes the report of the independent expert on the human rights situation in the Central African Republic of 24 August 2020, which covers the period from July 2019 to June 2020, according to which, within the framework of the Programme for Disarmament, Demobilisation, Reintegration and Repatriation, the armed groups signed protocols and action plans with the authorities to liberate children from their ranks and abstain from further recruitment. The independent expert remarks that some children were discharged following the signature of the protocols. However, he notes that cases of enlistment and use of children by armed groups had been documented (A/HRC/45/55, paragraph 59).

The Committee notes that the United Nations Secretary-General, in his report on children and armed conflict of 6 May 2021, indicates that 497 children recruited into the armed groups were liberated in 2020, and that 190 children, self-demobilized from the armed groups, were identified (A/75/873-S/2021/437, paragraph 33). The Secretary-General also indicates, in his report of 16 February 2021, that on 30 November 2020 four children, accused of association with armed groups and imprisoned, were released and enrolled in reintegration programmes. The Secretary-General also indicates that, as part of the “ACT to protect children affected by armed conflict” campaign, MINUSCA has raised awareness among 2,000 persons on the increased risk of grave violations child rights violations during the electoral period (S/2021/146, paragraph 65 and 66). The Committee notes the information in the UNICEF communication of 27 April 2021, to the effect that although, since 2014, UNICEF and its partners have helped liberate more than 15,500 children from the armed groups, more than one in five of the children had yet to be enrolled in a reintegration programme. The Committee urges the Government to take appropriate and time-bound measures to ensure the removal of children recruited for use in the armed conflict and for their rehabilitation and social integration. It also urges the Government to take the measures necessary to ensure that all children removed from the armed groups and from the armed forces benefit from reintegration programmes. It requests the Government to provide information in this regard, including on existing reintegration programmes for these children and on the number of children that have benefited from rehabilitation and social integration.

In light of the situation described above, the Committee deplores the continued recruitment and use of children in armed conflict by both armed groups and the armed forces, especially as it entails other violations of children’s rights, such as abductions, murders and sexual violence. The Committee has been raising this issue since 2008, and the recruitment and use of children in armed conflict, both as combatants and in support roles, has sharply increased in recent years. The Committee must also express its deep concern at the significant number of children deprived of education due to the climate of insecurity in the country. The Committee considers that this case meets the criteria set out in paragraph 96 of its General Report to be asked to come before the Conference.

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

[The Government is asked to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]