Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Central African Republic (Ratification: 2010)

Other comments on C169

Observation

Direct Request

2018
2015
2014
2013

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Article 1 of the Convention. Self-identification. In its report, the Government states that the Aka and Mbororo populations constitute the indigenous peoples of the Central African Republic. The Committee invites the Government to specify in its next report the size of the Aka and Mbororo populations and the regions in which they live.

Article 2. Systematic action developed with the participation of the peoples concerned. The Government states that, from an institutional standpoint, the High Commissioner for Human Rights and Governance is particularly active with respect to the rights of indigenous peoples. The Committee invites the Government to submit information on the measures adopted, with the participation of representatives from the Aka and Mbororo populations, for developing coordinated and systematic action to protect the rights of the peoples concerned. It also invites the Government to indicate the way in which the indigenous peoples have been associated in the development of these programmes.

Article 3. Implementation of human rights without discrimination. According to the Government, the Central African Penal Code strengthens protection against discrimination. The Committee invites the Government to describe all the measures adopted to guarantee that indigenous peoples enjoy the full measure of human rights and fundamental freedoms, without hindrance or discrimination.

Article 4. Special measures. The Government points out that the Ministerial Decree of 1 August 2003 banning the exploitation and/or exportation of the Central African cultural minorities’ oral traditions for commercial purposes has established the principle that the exploitation of the oral traditions of cultural minorities is illegal. The Government states that this Decree may be considered as a special protective measure in so far as it is provisional and specifically protects those populations who have suffered in the past. The Committee invites the Government to provide information on the other special measures adopted that might have been found appropriate for safeguarding the persons, institutions, property, labour, cultures and environment of the Aka and Mbororo population concerned.

Article 5. Recognition of the values of indigenous peoples. The Government states that Act No. 06.002 of 10 May 2006 on the Cultural Charter of the Central African Republic was enacted with a view to protecting the national cultural heritage, especially the cultural itineraries and areas of the ethnic minorities. The Charter also advocates intercultural dialogue and the promotion of the cultural diversity of the Central African Republic. The Government also points out in its report that other practical measures have already been taken, for instance the recognition by UNESCO in 2003 that the oral traditions of the Aka Pygmies of the Central African Republic belong to the Intangible Cultural Heritage of Humanity, as well as the establishment of a cultural centre in Mbaïki, in Lobaye, with the assistance of the NGO Caritas. However, the Government adds that the lack of a direct reference to the cultural rights of the indigenous peoples remains a serious shortcoming. The Committee invites the Government to indicate the way in which the participation and cooperation of the indigenous peoples have been assured with a view to recognizing and protecting their social, cultural, religious and spiritual values and practices, and respecting the integrity of their institutions.

Articles 6 and 7. Appropriate mechanism for consultation and participation. The Government states in its report that, generally speaking, there are no systematic means whereby indigenous peoples may be consulted on matters concerning them. Its major challenge is to establish institutional machinery to guarantee the consultation and participation of indigenous peoples. On the whole there is very little provision in the legislation for the right of the indigenous peoples to decide upon their own priorities in the development process. As regards participation in the decisions affecting them, the 2004 Constitution established the Economic and Social Council and stipulated that it was mandatory to consult the Council on any plan or Bill concerning an action programme of a social or cultural nature. In its report, the Government specifies that Decree No. 07.293 of 11 October 2007 regulating the Economic and Social Council provides that one person from each of the Mbororo and Aka indigenous communities shall sit on this Council. The Committee invites the Government to include in its next report information on the measures adopted to establish, in accordance with the Convention, an appropriate consultation and participation mechanism. It requests the Government to ensure that the indigenous peoples are consulted and may participate in an appropriate way, through their representative entities, in the development of the said mechanism, and in such a manner that they might express their opinion and have an influence on the final outcome of the process.

Article 8. Customary law. In its report, the Government states that although there is no formal and legal recognition of the traditional forms of the administration of justice among indigenous peoples, there is an informal (and practical) recognition of customary law among the Aka indigenous communities. The Committee invites the Government to provide examples of the application of Article 8 of the Convention in practice.

Article 10. Penalties. The Committee invites the Government to provide examples of the application of Article 10 of the Convention in practice.

Article 11. The banning of compulsory personal services. According to the Government, the Labour Code bans, in absolute terms, forced or compulsory labour in all its forms, such as mobilizing and using labour for economic development purposes or taking measures on the grounds of racial, social, national or religious discrimination. The Committee refers to its direct request of 2011 concerning the application of the Forced Labour Convention, 1930 (No. 29), in which it had noted information on the exploitation of the Aka indigenous populations and had requested the Government to take all necessary measures to ensure that a national structure was established to investigate the situation of the Aka populations and, in particular, the suspected cases of servitude to which they were exposed, adopting the necessary measures to prosecute and punish the perpetrators. The Committee requests the Government to indicate in its next report the methods of supervision employed and the sanctions prescribed to ensure the application of the provisions of this Article of the Convention. It hopes that the Government will take all the necessary measures to ban compulsory public services.

Article 12. Legal proceedings. The Government states in its report that the regulatory system in place makes no provision for the authorities and courts entrusted with these matters to take into consideration any language difficulties that the indigenous peoples might encounter. The Government also points out that the issue of access to justice remains a significant challenge because indigenous peoples are often the victims of exploitation, as well as of violations of their fundamental rights at work and violence, and they have little prospect of recourse to justice. The hurdles are also of a financial nature, because the access to justice is often impossible because of a lack of financial means. The Committee invites the Government to provide fuller information on the measures taken to ensure that the Aka and Mbororo populations can understand and be understood in legal proceedings. It also asks the Government to indicate the way in which the representative organizations of the Aka and Mbororo are able to take legal proceedings, thereby guaranteeing the rights provided for under the Convention.

Part II of the report form. Land. In its report, the Government states the need for standards to acknowledge the importance for the indigenous peoples of their entitlement to the lands, especially the cultural aspect of this relationship. The Committee invites the Government to indicate the steps taken to identify the lands concerned and to guarantee the effective protection of the rights of the indigenous peoples to these lands (Article 14). Please also indicate the measures taken to give effect to Articles 17–19 of the Convention.

Article 15. Natural resources. The Government states that Act No. 08.022 of 17 October 2008 on the Forestry Code of the Central African Republic takes into consideration the indigenous peoples’ specific relationship to the forests. The Forestry Code stipulates that the forest maintains the fertility of the soil, generates many environmental services and contributes to carbon sequestration, as well as to the survival and well-being of the populations, especially of those peoples whose lives are culturally and intimately bound up with the forests. The Code also stipulates that any allocation of part of the public forest land for industrial exploitation is subject to prior consultation of the neighbouring populations, including the indigenous peoples. Furthermore, the Forestry Code, which covers the National Forestry Estate, establishes the principle of state ownership and right of use for the indigenous peoples on the Estate. The Forestry Code introduces a system of community forests which potentially allows the indigenous communities to manage forest resources directly. The Committee also notes the information concerning the Environment Code and the Mining Code. The Committee invites the Government to provide examples of steps taken by the Government to safeguard the rights of indigenous peoples with respect to the forests. It asks the Government to indicate in its next report how the rights of the Aka and Mbororo populations to other national resources are specially safeguarded, and the way in which these rights are exercised. It also asks the Government to indicate the procedures that exist to establish the participation of indigenous peoples in the benefits arising from the exploitation of resources pertaining to their lands.

Article 16. Relocation. The Government states in its report that there has been no relocation of groups belonging to the indigenous peoples from their traditional lands. The Committee requests the Government to take account of the provisions guaranteeing that, where the relocation of these peoples is considered necessary, there is an attempt to obtain their free and informed consent and that, if this cannot be obtained, the relocation shall only take place in accordance with procedures established by national laws and regulations (Article 16(2)).

Part III. Recruitment and conditions of employment. The Government states in its report that, generally speaking, the legislation does not provide for the specific protection of indigenous peoples. One of the major difficulties in dealing with the working conditions of indigenous peoples is that, in most cases, their work is conducted outside the formal framework of a labour contract. The vast majority of indigenous peoples work outside the formal sector and do not therefore have access to the protection provided by the labour legislation, which mainly covers the formal sector of the economy. The Committee invites the Government to provide information on the measures envisaged in application of Article 20 of the Convention. It asks the Government to take account of the measures adopted in cooperation with the Aka and Mbororo populations to ensure their effective protection with regard to recruitment and conditions of employment of workers belonging to indigenous peoples. Please also indicate what measures have been taken to ensure that the labour inspection services are adequate in areas where indigenous peoples live.

Part IV. Vocational training, handicrafts and rural industries. The Government states that there is no national policy in place to make the curriculum or teaching method, as well as the timetables of the national education system, compatible with the way of life of the indigenous peoples who are, for the most part, semi-nomad. The Committee invites the Government to indicate the measures taken to ensure that indigenous peoples can benefit from vocational training, and thereby guarantee the implementation of Articles 21, 22 and 23 of the Convention.

Part V. Social security and health. The Government states in its report that it has adopted a National Health Development Plan (PNDS) 2006–15, which sets out, inter alia, to pay particular attention to the most disadvantaged populations. However, the legislative and operational framework governing social security does not provide health coverage for indigenous peoples. The Committee notes that the indigenous communities have very limited access to health centres, either because they are geographically isolated or, for financial reasons. The Committee invites the Government to indicate the steps taken so that social security schemes might be extended progressively to the Aka and Mbororo populations. It also invites the Government to provide an assessment of the PNDS and of its impact on the indigenous peoples.

Part VI. Education and means of education. The Government indicates that the National Action Plan for Education for All (PNA-EPT) 2004–15 has, as a goal, to increase the level of access of minority groups to education. The Plan also calls for the introduction of a legal framework to benefit persons with disabilities and minorities. The Committee invites the Government to indicate the steps taken to give effect to Articles 26–31 of the Convention. It also invites the Government to provide an assessment of the PNA–EPT and of its impact on indigenous peoples.

Part VII. Contacts and cooperation across borders. In its report, the Government states that the Economic Community of Central African States (CEMAC) has, at regional level, established a subregional committee that meets each year to make a concerted effort to manage the transhumance of the Mbororo indigenous peoples. The Committee invites the Government to provide fuller information on the activities of the CEMAC subregional committee and on the functioning of bilateral agreements in the areas covered by the Convention (Article 32).

[The Government is asked to reply in detail to these comments in 2015.]