Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Forced Labour Convention, 1930 (No. 29) - Central African Republic (Ratification: 1960)

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. In its previous comments the Committee asked the Government to provide information on the application in practice of section 151 of the Penal Code, which makes trafficking in persons a criminal offence and establishes the applicable penalties. The Government indicates that no judicial proceedings have been initiated on the basis of this provision. The Committee requests the Government to indicate the measures taken to raise public awareness of trafficking in persons, in view of the large number of people displaced as a result of the violence affecting the country and the vulnerable situation of these people, particularly women and girls. The Committee also requests the Government to provide information on awareness-raising and training measures adopted for the public authorities responsible for the prevention and suppression of trafficking in persons. Lastly, the Government is requested to indicate whether legal proceedings have been instituted on the basis of section 151 of the Penal Code and to specify the nature of any penalties imposed.

2. Exploitation of the labour of Aka indigenous populations. In its previous comments the Committee asked the Government to supply information on the measures taken to reinforce protection for the Aka indigenous populations, particularly against exploitation or servitude to which these populations might be exposed. The Government indicates in its report that these practices are an imperceptible feature of the environment of the indigenous populations and that further to the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), local awareness-raising campaigns are being conducted among the populations and the public authorities. Furthermore, the project entitled “Supporting the promotion of the rights of Central African indigenous populations” (APPACA) is working towards gradually eradicating the exploitation of the labour of the Aka populations (pygmies). The Committee notes this information and requests the Government to continue providing information on the measures taken to enable the Aka populations to assert their rights and to protect them against the imposition of any work to which they have not consented or for which they are not in a position to give valid consent.

3. Requisitioning of labour and work in the public interest. In its previous comments the Committee noted that the exceptions to forced labour specified in section 8 of the Labour Code include “any work or service performed pursuant to a requisitioning order” and also “any work or service in the public interest performed with the consent of the persons concerned”. The Committee notes the Government’s indication that the decree regulating requisitioning is in the process of being adopted. The Committee requests the Government to provide a copy of the decree regulating requisitioning, once it has been adopted. The Government is also requested to provide information on any work or service in the public interest exacted from the population, stating the conditions in which such work may be imposed and the arrangements for the performance thereof.

4. Freedom of military personnel to leave their employment. The Committee notes the Government’s indication that, in the wake of political and military events in the country, restructuring of the Central African armed forces is needed. The Committee requests the Government to provide a copy of the statutory provisions under which career military personnel may request unpaid leave before completion of their contractual period of service.

Article 2(2)(c). Work imposed as a result of a court decision. In reply to the Committee’s previous comments, the Government indicates that no sentence entailing work in the public interest, as provided for in section 28 of the Penal Code, has been handed down by the courts. The Committee requests the Government to continue providing information in its future reports on this matter and on any provision adopted to regulate arrangements for sentences entailing work in the public interest. The Government is also requested to indicate whether the implementing decree establishing the prison system and procedures for the execution of sentences, as provided for in section 30 of the Penal Code, has been adopted and, if so, to send a copy of it.

Article 25. Application of adequate penalties. The Committee previously emphasized that the national legislation did not appear to contain any provisions giving full effect to Article 25 of the Convention, according to which really adequate penalties must be imposed for the exaction of any form of forced labour. The Labour Code prohibits the use of all forms of forced labour but does not lay down the applicable penalties, and section 151 of the Penal Code prescribes penalties only for the crime of trafficking in persons. In view of the fact that the concept of forced labour is broader than that of trafficking in persons and encompasses other practices, the Committee requests the Government to indicate the measures taken to ensure that the necessary legal provisions exist to enable law enforcement bodies and the judicial authorities to prosecute, judge and penalize the perpetrators of all forms of forced labour.