Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Abolition of Forced Labour Convention, 1957 (No. 105) - Central African Republic (Ratification: 1964)

Other comments on C105

Observation

Direct Request

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Article 1 of the Convention. Imposition of prison sentences involving compulsory work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that, under section 62 of Order No. 2772 of 18 August 1955 regulating the operation of prisons, persons sentenced to imprisonment shall be subjected to compulsory labour. The Committee asked the Government to continue providing information on the application in practice of the following provisions of the legislation, under which certain activities coming within the scope of the Convention are liable to incur a prison sentence:

– sections 135–137 of the Penal Code (offences against persons occupying various public functions), section 292 (dissemination of propaganda detrimental to the vital interests of the State and the nation) and section 295 (acts likely to compromise public security or cause serious political disturbances);
– section 3 of Act No. 61/233 regulating associations, in conjunction with section 12 of the Act. Under section 12, the founders, directors, administrators or members of any association that is unlawfully maintained or reconstituted after the act of dissolution shall be liable to imprisonment, while section 3 provides that any association which is of such a nature as to give rise to political disturbances or discredit political institutions or the operation thereof shall be null and void.

The Government once again indicates in its report that persons expressing certain political, economic or social views are not subjected to compulsory prison labour. The Committee requests the Government to continue ensuring that no penalty involving compulsory labour, particularly prison sentences, which involve the obligation to work, is imposed on any person who, without committing or advocating violence, expresses political views or opposition to the established political, social or economic order. The Committee requests the Government to continue providing information on the application in practice of the above-mentioned provisions of the national legislation, indicating the number of prosecutions initiated under these provisions, the offences reported and the penalties imposed.

Article 1(d). Penalties which may be imposed on public officials in the event of a strike. In its previous comments, the Committee referred to Ordinance No. 81/028 regulating the right to strike in the public service, which grants wide powers of requisition vis-à-vis striking public officials (section 11) while also providing that strikers who refuse to comply with a requisition order shall be criminally liable (section 12). It noted the Government’s indication that in practice no sentence of imprisonment has been imposed on striking public officials and that the Standing National Consultative Framework (CPCN) had been set up to manage collective disputes in ministerial departments. The Committee asked the Government to ensure that no penalty involving compulsory labour can be imposed under section 12 of the above-mentioned Ordinance for participating in a strike.

The Government once again indicates that no penalties have been imposed or envisaged in practice against trade union leaders who have refused to comply with a requisition order during coordinated strike action in the public service. Moreover, the Government indicates its willingness to carry out a possible revision within the CPCN of the provisions of Ordinance No. 81/028 regulating the right to strike in the public service, in order to bring it into conformity with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Committee takes due note of this information and hopes that the process of revising Ordinance No. 81/028 will be initiated in the near future and that the Government will take account of the above comments and of those made in the context of Convention No. 87 regarding requisitioning powers. The Committee requests the Government to ensure that, in accordance with the Convention and the practice indicated, the legislation will not make strikers who have refused to comply with a requisition order liable to criminal penalties (in the form of imprisonment involving compulsory labour). In the meantime, the Committee requests the Government to continue providing information on the application in practice of section 12 of Ordinance No. 81/028 regulating the right to strike in the public service.

Communication of legislation. The Committee requests the Government to send a copy of the Act on political parties and the status of the opposition adopted in February 2020.