Individual Case (CAS) - Discussion: 2022, Publication: 110th ILC session (2022)

Written information provided by the Government

The Government would like to begin by thanking the Committee for recognizing the complexity of the situation in the Central African Republic, which is marked by recurring armed conflicts, and for noting the progress made in combating child labour. It now has the honour of providing updated and detailed information on the action taken at the national level in accordance with Article 3(a) of the Convention.

In its keen awareness that the worst forms of child labour and similar practices constitute a key component of trafficking in persons, the Government has established, by Decree No. 20.077 of 13 March 2020, a National Committee to Combat Trafficking in Persons in the Central African Republic, under the direct authority of His Excellency the President of the Republic, the Head of State. An operational action plan 2022–23 has recently been adopted, which will enable the Government and all stakeholders to continue implementing the strategic vision based on the “four Ps” of prevention, protection, prosecution and partnership.

In the meantime, in 2020 and 2021, the National Committee undertook work to raise awareness, strengthen the capacity of stakeholders and in particular extend into certain provincial towns the Joint Rapid Intervention and Repression Unit for sexual violence against women and children (UMIRR), established by Decree No. 15.007 of 8 January 2015. Under section 7 of the Decree, the UMIRR is responsible for: “preventing and suppressing all forms of sexual violence committed against women and children, irrespective of their social or marital status, including widows and orphans”. This approach is part of the process of bringing together social, police and judicial services for victims of gender-based violence and children throughout the country. It will support the provision of care to victims of conflict-related sexual violence.

In the interests of coherence, in 2022, the Central African Republic adopted a National Strategy to Combat Gender-Based Violence, Child Marriage and Female Genital Mutilation.

The Government’s commitment to promoting social justice has recently resulted in the adoption and promulgation of Act No. 21.003 of 1 September 2021 authorizing the ratification of the ILO Violence and Harassment Convention, 2019 (No. 190). The Government immediately transposed it into the existing body of national legislation in order to provide the authorities responsible for child protection with effective tools to combat all forms of discrimination, violence and harassment in relation to children.

In a similar vein, the Government has requested the technical assistance of the International Labour Office to develop a national plan to combat child labour and establish a related national committee. This request was reiterated during the visit of a Government delegation to the ILO headquarters in January 2022. All this is sufficient proof of the Government’s willingness to prevent, protect and guarantee a better life for children.

The Government has also requested the ILO to extend the Decent Work Country Programme for the Central African Republic (2017–21), which has been instrumental in the process of consolidating peace and the promotion of decent and productive jobs, as well as supporting the capacity-building of labour administration and labour inspection personnel on international labour standards. The common theme of all these requests is active and dynamic partnership to eradicate the worst forms of child labour.

With regard to the observations concerning the provisions of Article 7(2) of the Convention, the Government indicates that, with the gradual return of peace and the re‑establishment of the authority of the State over the national territory, several projects have been initiated that have made it possible to rebuild or construct much school infrastructure in areas that were severely affected by the armed conflict. For example, in the northern, eastern central and north-eastern academic inspectorates, the rebuilding and reopening of schools has enabled boys and girls in their first two years of primary education to return to school.

The Government further indicates that Title 5 of Act No. 20.016 of 15 June 2020 on the Child Protection Code in the Central African Republic strengthens the overall framework for the repression of abuses and violations of children’s rights. The abuse and violation of children are now criminalized. Section 179 of the Act prohibits the recruitment of children in armed conflict and perpetrators are liable to a prison sentence of 10 to 20 years and/or a fine of 5 to 20 million CFA francs.

With regard to the prosecution of perpetrators of human rights violations, including the worst forms of child labour, the Government draws the attention of the Committee to the efforts made in recent years, which have been encouraging. Political declarations and guidelines, strategies and institutional reforms have been conducive to the adoption of a more coherent approach to accountability for violence against children involved in armed conflict.

The Government recognizes the competence of the International Criminal Court (ICC) to investigate and judge war crimes, crimes against humanity and the crime of genocide committed in the Central African Republic and is continuing to take all the appropriate corrective measures with a view to improving the protection of the civil population, and particularly children.

Indeed, one of the principal providers of the presumed perpetrators of certain of these crimes to the ICC is still the Central African Republic. The Government emphasizes that the establishment of the Special Criminal Court by Basic Act No. 15.003 of 3 June 2015 forms part of this approach, and in particular is a response to the will and the thirst for justice expressed by the People of the Central African Republic through the work of the Bangui Forum held from 4 to 11 May 2015.

Despite the difficulties encountered and those resulting from the restrictions related to the COVID-19 pandemic, as well as the attempt by the Coalition of the Central African People (CPC 2020–21) to destabilize the country, the Government, with the support of the various partners, has contributed significantly to the process of the operationalization of this Court, which commenced its solemn procedure on 25 April 2022.

Moreover, the combined efforts of the Government and the international community have made it possible to reinforce the criminal justice system, particularly through the holding of regular criminal sessions since the end of 2015. At the last criminal session in February 2020, the national jurisdictions had to determine the guilt of some of those responsible for the tragic events that shook the town of Bangassou in May 2017, convicting all of the seven accused to heavy sentences. During the trial, many victims were able to benefit from a public hearing and put forward their versions of the facts to the Criminal Court of Bangui. The Government will provide the Committee with all the judgments handed down.

Furthermore, the military jurisdictions of Bangui and Bouar (in the west of the country) have been operating since 9 July 2020. The Bangui jurisdiction held correctional hearings in February and July 2021. The criminal session of the martial court was held on 20 September 2021, as a result of which 20 sentences were issued for both offences and crimes.

The Government adds that the session of the Criminal Court is currently being held to judge the presumed perpetrators in the cases envisaged in Article 7 of the Convention, the final judgments of which will be provided to the Committee. Over 15 cases are to be examined.

The Government informs the Committee that the Central African Republic, through the Committee on Strategic Disarmament, Demobilization, Reintegration and Repatriation; Security Sector Reform; National Reconciliation (DDRR/RSS/RN), under the presidency of the President of the Republic, Head of State, on 20 March 2017, adopted a National Strategy for Defence and Security Sector Reform for the period 2017–21. The Strategy is anchored in the international commitments undertaken by the State, and more specifically the principles set out by the United Nations (UN) within the framework of security sector reform, the African Union Policy Framework on Security Sector Reform and the lessons drawn from the various studies and analyses undertaken which emphasize the concerns of populations relating to the protection of persons and property.

The implementation of this programme has led to the demobilization of several former combatants, some of whom have been incorporated into the armed forces, while others have benefited from the socio-economic integration programme.

The Government emphasizes that multiple types of action are continuing with a view to effectively combating all forms of violations of human rights and similar practices in accordance with Article 3 of the Convention. For example, in March 2022, a joint mission consisting of representatives of the Government and MINUSCA went to Alindoo in the Prefecture of Basse-Kotto to investigate allegations of the use of children by the defence and security and allied forces. The mission confirmed the presence around military bases of children seeking subsidies, but who were not being used as child soldiers. This situation has also been noted by the MINUSCA in all the FACA military bases.

The mission recommended a joint inquiry by the Government and the United Nations Children’s Fund (UNICEF) with a view to identifying children in need of special protection and the implementation of protection measures. In this connection, the Central Inspectorate of the National Army organized from 20 to 24 April 2022 an awareness-raising mission on trafficking in persons in military environments, specifically in Bangui and Sibut, and will continue in all the military bases. The Government has already taken measures to prohibit the presence of children in the vicinity of military bases.

In light of the above, the Government requests the Committee to note its good will as demonstrated by the new action taken, as summarized, in a difficult situation and once again requests ILO support for the protection of children against the worst forms of child labour. It reassures the Committee that the Central African Republic is determined to comply with its commitment to ensure the social protection of children.

Discussion by the Committee

Government representative, Minister of Labour, Employment, Social Protection and Vocational Training – The Government would first of all like to thank the Committee, which has not only recognized the complexity of the situation in the Central African Republic, which is marked by recurring armed conflict, but has also noted the progress made in combating child labour. However, it now has the honour to provide updated and detailed information on the action taken at the national level in accordance with Article 3(a) of the Convention.

Indeed, highly aware that the worst forms of child labour and similar practices constitute a key component of trafficking in persons, the Government has established, by Decree No. 20.077 of 13 March 2020, a National Committee to Combat Trafficking in Persons in the Central African Republic, under the direct authority of His Excellency the President of the Republic, the Head of State. An operational action plan 2022–23 has recently been adopted, which will enable the Government and all stakeholders to continue implementing the strategic vision based on the “four Ps” of prevention, protection, prosecution and partnership.

In the meantime, in 2020 and 2021, the National Committee undertook work to raise awareness, strengthen the capacity of stakeholders and in particular extend into certain provincial towns the Joint Rapid Intervention Unit for the repression of sexual violence against women and children (UMIRR), established by Decree No. 15.007 of 8 January 2015. Under section 7 of the Decree, the UMIRR is responsible for: “preventing and suppressing all forms of sexual violence committed against women and children, irrespective of their social or marital status, including widows and orphans”. This approach is part of the process of bringing together social, police and judicial services for victims of gender-based violence and children throughout the country. It will support the provision of care to victims of conflict-related sexual violence.

In the interests of greater clarity regarding all the action taken, in 2022 the Central African Republic adopted a National Strategy to Combat Gender-Based Violence, Child Marriage and Female Genital Mutilation.

The Government’s commitment to promoting social justice has recently resulted in the adoption and promulgation of Act No. 21.003 of 1 September 2021 authorizing the ratification of the ILO Violence and Harassment Convention, 2019 (No. 190). The Government immediately transposed it into the existing body of national legislation in order to provide the authorities responsible for child protection with effective tools to combat all forms of discrimination, violence and harassment in relation to children.

In a similar vein, the Government has requested the technical assistance of the International Labour Office to develop a national plan to combat child labour and establish a related national committee. This request was reiterated during the visit of a Government delegation to the ILO headquarters in January 2022. All this is sufficient proof of the Government’s wish to prevent child labour, to protect children and to guarantee a better life for them.

The Government has also requested the ILO to extend the Decent Work Country Programme for the Central African Republic (2017–21), which has been instrumental in the process of consolidating peace and the promotion of decent and productive jobs, as well as supporting the capacity-building of labour administration and labour inspection personnel with regard to international labour standards. The common theme of all these requests is active and dynamic partnership to eradicate the worst forms of child labour.

With regard to the observations concerning the provisions of Article 7(2) of the Convention, the Government indicates that, with the gradual return of peace and the re‑establishment of the authority of the State over the national territory, several projects have been initiated that have made it possible to rebuild or construct a large amount of school infrastructure in areas that were severely affected by the armed conflict. For example, in the northern, eastern central and north-eastern academic inspectorates, the rebuilding and reopening of schools has enabled boys and girls in their first two years of primary education to return to school.

The Government further indicates that Title 5 of Act No. 20.016 of 15 June 2020 issuing the Child Protection Code in the Central African Republic strengthens the overall framework for the repression of abuses and violations of children’s rights. Abuses and violations committed against children are now criminal offences. Section 179 of the Act prohibits the recruitment of children in armed conflict and perpetrators are liable to a prison sentence of 10 to 20 years and/or a fine of 5 to 20 million CFA francs.

With regard to the prosecution of perpetrators of human rights violations, including the worst forms of child labour, the Government draws the Committee’s attention to the fact that the efforts made in recent years have been encouraging. Political declarations and guidelines, strategies and institutional reforms have been conducive to the adoption of a more coherent approach to accountability for violence against children involved in armed conflict.

The Government recognizes the competence of the International Criminal Court (ICC) to investigate and judge war crimes, crimes against humanity and the crime of genocide committed in the Central African Republic and is continuing to take all the appropriate corrective measures with a view to improving the protection of the civil population, and particularly children. Indeed, the Central African Republic remains one of the main sources for handing over the presumed perpetrators of some of these crimes to the ICC. The Government emphasizes that the establishment of the Special Criminal Court by Basic Act No. 15.003 of 3 June 2015 forms part of this approach, and in particular is a response to the wish of the people of the Central African Republic, indeed its thirst for justice, expressed through the work of the Bangui Forum held from 4 to 11 May 2015.

Despite the difficulties encountered especially as a result of the restrictions related to the COVID-19 pandemic and the attempt by the Coalition of the Central African People (CPC 2020–21) to destabilize the country, the Government, with the support of the various partners, has contributed significantly to the process of the operationalization of this Court, which commenced its solemn procedure on 25 April 2022.

Moreover, the combined efforts of the Government and the international community have made it possible to reinforce the criminal justice system, particularly through the holding of regular criminal court sessions since the end of 2015. At the last criminal court session in February 2020, the national jurisdictions had to determine the guilt of some of those responsible for the tragic events that shook the town of Bangassou in May 2017, convicting all of the seven accused to heavy sentences. During the trial, many victims were able to benefit from a public hearing and put forward their versions of the facts to the Criminal Court of Bangui. The Government will provide the Committee with all the judgments handed down.

Furthermore, the military jurisdictions of Bangui and Bouar (in the west of the country) have been operating since 9 July 2020. The Bangui jurisdiction held correctional hearings in February and July 2021. The criminal session of the martial court was held on 20 September 2021, as a result of which 20 sentences were issued for both offences and crimes.

The Government adds that the session of the Criminal Court is currently being held to judge the suspects in the cases envisaged in Article 7 of the Convention, the final judgments of which will be provided to the Committee. Over 15 cases are to be examined.

The Government informs the Committee that the Central African Republic, through the Committee on Strategic Disarmament, Demobilization, Reintegration and Repatriation; Security Sector Reform; National Reconciliation (DDRR/RSS/RN), chaired by the President of the Republic, Head of State, adopted on 20 March 2017 a National Strategy for Defence and Security Sector Reform for the period 2017–21. The Strategy is anchored in the international commitments undertaken by the State, and more specifically the principles set out by the UN within the framework of security sector reform, the African Union Policy Framework on Security Sector Reform and the lessons drawn from the various studies and analyses undertaken, which emphasize public concerns relating to the protection of persons and property.

The implementation of this programme has led to the demobilization of a number of former combatants, some of whom have been incorporated into the armed forces, while others have benefited from the socio-economic reintegration programme.

The Government emphasizes that multiple types of action are continuing with a view to effectively combating all forms of violations of human rights and similar practices in accordance with Article 3 of the Convention. For example, in March 2022, a joint mission consisting of representatives of the Government and the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) went to Alindoo in the Prefecture of Basse-Kotto to investigate allegations of the use of children by the defence and security and allied forces. The mission confirmed the presence around military bases of children who were seeking financial assistance but were not being used as child soldiers. This situation has also been noted in all military bases of the Central African Armed Forces (FACA) and MINUSCA too.

The mission recommended a joint inquiry by the Government and the United Nations Children's Fund (UNICEF) with a view to identifying children in need of special protection and the implementation of protection measures. In this connection, the Central Inspectorate of the National Army organized from 20 to 24 April 2022 an awareness-raising mission on trafficking in persons in military environments, specifically in Bangui and Sibut, and will continue in all the military bases. The Government has already taken measures to prohibit the presence of children in the vicinity of military bases.

In light of the above, the Government requests the Committee to note its good will as demonstrated by the new action taken, as summarized, in a difficult situation and once again requests ILO support for the protection of children against the worst forms of child labour. It reassures the Committee that the Central African Republic is determined to comply with its commitment to ensure the social protection of children.

Employer members – The present case is a double-footnoted case dealing with the application in law and practice of a fundamental Convention, Convention No. 182, in the Central African Republic. The universal ratification achieved by the Convention reflects universal consensus and a strong tripartite commitment to put an end to the worst forms of child labour. However, this does not mean automatic universal implementation in law and practice. In fact, according to the ILO and UNICEF report Child Labour: Global Estimates 2020, 160 million girls and boys remain in child labour, with 9 million additional children at risk due to the impact of COVID-19.

It is the first time that the Committee discusses the Central African Republic’s application of the Convention, which was ratified in 2000. The Committee of Experts has issued seven observations noting serious gaps in the compliance of the Central African Republic with the Convention in 2008, 2009, 2010, 2011, 2014 and 2017, and most recently in the report issued in 2021.

We thank the Government for having submitted additional information to the Committee, and for clarifying some issues regarding the application of this Convention in law and practice. We find this information is very promising and we hope that the operational action plan 2022–23 can be properly developed.

The Committee of Experts’ observations outline very serious elements of inadequacy on the implementation of the Convention in the Central African Republic. Let me summarize them around three issues.

Firstly, regarding Article 3(a) of the Convention, which prohibits all forms of slavery or practices similar to slavery, including forced or compulsory recruitment of children for use in armed conflict. The Committee of Experts recognized the complexity of the situation prevailing on the ground and the existence of an armed conflict and armed groups in the country. Also, the Committee of Experts noted that, according to the report by the independent experts on the human rights situation in the Central African Republic in 2020, the time limit fixed by the national authorities of the end of January 2020 to complete disarmament and demobilization was not respected.

In this context, despite the signing of the Political Agreement for Peace and Reconciliation in the Central African Republic in 2019, both the armed forces and armed groups continued to recruit and use children. It is noted that children were used as combatants and in support roles, and that they were subjected to sexual violence.

The Committee of Experts deplored 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 children’s rights, such as abductions, murder and sexual violence.

It is noted that the Central African Republic Child Protection Code, promulgated in 2020, criminalizes the recruitment and use of children by armed forces and groups, and considers enlisted children as victims. However, considering the prevalence and gravity of these practices, the Employer members echo the Committee of Experts and urge the Government to redouble its efforts and take measures to put an end to the practice of forced recruitment of children of less than 18 years of age, and to ensure that all persons, including members of the regular armed forces, who recruit children under 18 years of age are thoroughly investigated and prosecuted and that sufficiently effective and dissuasive sanctions are imposed.

We request the Government to continue to report on the measures taken, especially on the application of the Child Protection Code. We are pleased to hear that the Government has requested the technical assistance of the ILO to develop a national plan against child labour and encourage this course of action.

Secondly, regarding provisions in Article 7(2)(a) considering access to free basic education. The Committee of Experts noted from various UN reports that half of the country’s children are out of school and that several schools had partially or totally closed because of the armed conflict, particularly in the hinterland and rural areas, thus cutting off children’s access to education. According to UNICEF, one in four schools is not functioning due to the fighting. The Committee of Experts further noted that confrontations during the electoral period in 2020 and 2021 gave rise to looting, attacks and occupation of numerous schools, gravely affecting the resumption of school.

To appreciate the impact of these considerations, the Employer members want to highlight that according to UN World Population Prospects, by 2020 almost 44 per cent of the Central African Republic population was under 14 years of age. This is a very serious case, with an undeniable impact on the economic and social recovery of the Central African Republic.

In this context, the Committee of Experts has expressed its deep concern and urged the Government to intensify its efforts to improve the operation of the education system and facilitate access to free basic education for all children; and to provide information on the concrete measures taken in this regard. We share the concerns expressed by the Committee of Experts, taking into consideration the role of education in preventing children from being engaged in the worst forms of child labour.

We are pleased to hear that the Government has initiated projects to rebuild or construct school infrastructure in severely affected areas. The Employer members encourage the Government to intensify its efforts to facilitate access to free basic education for all children, especially girls and children residing in the zones affected by the conflict; and to continue to cooperate with the international community, as well as to seek further assistance from the ILO and UNICEF to develop sustainable strategies to tackle this challenge during the transition towards lasting peace.

Thirdly, regarding Article 7(2)(b) on effective and time-bound measures to provide direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee of Experts noted that, within the framework of the Programme for Disarmament, Demobilization, Reintegration and Repatriation, the armed groups signed protocols and action plans with the authorities to release children from their ranks and refrain from further recruitment. As a result, a number of children were either released or self-demobilized and enrolled in reintegration programmes. However, the Committee of Experts noted that cases of enlistment and use of children by armed groups were still documented. And, even though a number of children have been released, according to UNICEF, more than one in five of these children had yet to be enrolled in a reintegration programme.

The Employer members urge 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, and to report on the concrete measures taken to ensure the removal of children recruited for use in the armed conflict and for their rehabilitation and social integration, providing, if possible, data disaggregated by gender and age.

The Employer members once again thank the Government for the information submitted to the Committee. And, while acknowledging the complexity of the situation prevailing on the ground, we are forced to point out that the Committee of Experts has been raising this issue since 2008, and that the recruitment and use of children in armed conflict has sharply increased in recent years.

We note that the Office is already supporting the country in its efforts to combat trafficking, including joining Alliance 8.7. We encourage the Government to seek further assistance from the ILO to increase the capacity of the tripartite constituents, in order to implement effective and sustainable strategies to eradicate the worst forms of child labour in the country.

As stated in the “Durban Call to Action” recently adopted by the 5th Global Conference on the Elimination of Child Labour, the COVID-19 pandemic, armed conflicts, and humanitarian and environmental crises threaten to reverse years of progress against child labour. The Employer members agree that it is essential to stand against this scourge and accelerate multi-stakeholder efforts to prevent and eliminate child labour with the highest priority given to the worst forms of child labour.

Worker members – It is now nearly two years since the Convention was ratified by all ILO Member States, thereby making it the first universally ratified Convention, and in a record time of 21 years. This all testifies to the global consensus and commitment to eradicating the scourge of child labour. These commitments towards realizing this goal were also the subject of the 5th Global Conference on the Elimination of Child Labour, which was recently held in Durban.

Although it is a source of satisfaction that political commitments have now been made universally to work for the elimination of child labour, a huge amount of work still remains to be done to eradicate child labour in practice. Indeed, the Durban Conference made the sad assessment that there was an increase in child labour globally, which is certainly not unconnected with the crisis context of these last two years.

Moreover, the Central African Republic has been faced with a completely different crisis for a long time, which obliges us to reach the same conclusions as for the global level: that unfortunately children are often among the first victims of these crises. Exacerbated by the electoral context, this serious political and security crisis in the Central African Republic, in the form of numerous armed conflicts in the country, is having a devastating impact on the country’s children. The latter are either forcibly enlisted by various armed groups involved in the conflict, including the regular army, or deprived of access to education, which makes them particularly vulnerable from all points of view.

Children who have been forcibly enlisted are doubly victims of this unstable situation, because of the inadequacy of the resources allocated for their rehabilitation and reintegration into society. As long ago as 2010, the problem of the forcible enlistment of children in armed conflict was the subject of discussion in our Committee, in relation to the Minimum Age Convention, 1973 (No. 138). Twelve years later, this problem is here before our Committee again, in relation to Convention No. 182 this time, with the dismal analysis that the situation has not improved since then.

We also regret the fact that the Government of the Central African Republic has not made use of the possibility given to it to produce written observations after it was placed on the preliminary list of individual cases.

The July 2017 report of the independent expert on the human rights situation in the Central African Republic cites a figure of between 4,000 and 5,000 children enlisted in the conflict. The United Nations Office of the High Commissioner for Human Rights and the UN mission to the Central African Republic recently published a report which describes a worsening of the security situation in the country, resulting in the continued enlistment of children in the conflict. In May 2021, the report of the UN Secretary-General on children and armed conflict recorded 580 cases of children recruited and used by armed groups and the armed forces, which represents an alarming deterioration of the situation. The report describes the use of children as combatants and in support roles. A total of 82 instances of sexual violence are also cited in the report. In addition, 42 children have been killed or wounded and 58 children have been abducted by armed groups for the purposes of recruitment, sexual violence and ransom.

Article 3(a) of the Convention is very clear: forced or compulsory recruitment of children for use in armed conflict is one of the worst forms of child labour. Article 1 of the Convention requires Member States to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour. This obligation applies not only to the official armed forces but also to other armed groups. We are bound to observe that these provisions of the Convention are still not respected in the Central African Republic today.

The worsening of this situation also has a consequent impact on access to primary education for children. The school enrolment rate remains extremely low in the Central African Republic, especially for girls. The drop-out rate between primary and secondary education is also very high. In June 2021, the report of the UN Secretary-General on the Central African Republic stated that half of the country’s children do not attend school.

This situation is due in particular to the partial or total closure of a number of schools owing to the armed conflict, especially in the interior of the country, with armed groups looting, attacking and occupying schools as part of the armed conflict. In April 2021, UNICEF estimated that one in four schools was not operating as a result of the fighting.

Article 7(2)(a) and (c) of the Convention provide that Member States shall take effective and time-bound measures to prevent the engagement of children in the worst forms of child labour and ensure access to free basic education. The Central African Republic still has a lot of work to do to fulfil these obligations.

According to information from UNICEF reproduced in the Committee of Experts’ report, almost one in five children enlisted in armed groups has still not been enrolled in reintegration programmes. It also appears that some children who were initially released have fallen back into the hands of the armed groups. It is clear that the reintegration programmes must be reinforced to ensure effective and lasting demobilization for the children.

It is indisputable that the rehabilitation of former child soldiers represents a major challenge; it is therefore essential that adequate aid is provided to these children who are victims of forcible enlistment into the armed forces. In particular, it is important to avoid treating these children as war criminals and to treat them as the victims which they are.

Article 7(2)(b) of the Convention provides that Member States shall take effective and time-bound measures to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. We are bound to note that, even though the political commitments were made a long time ago in the Central African Republic, the time limit for actually putting these commitments into practice has long gone. We are bound to note with regret that numerous problems persist in practice.

These problems have been the subject of recurring observations by the Committee of Experts since 2008. Even though the efforts made to reach political agreements aimed at demobilizing child soldiers are undeniable, we are bound to regret that there are difficulties in implementing these agreements in practice. It also appears from the Committee of Experts’ report that the situation has been getting worse in recent years. This is why the Central African Republic is now the subject of a double-footnoted case, a sign of how serious the situation is. The response from the Central African Republic should be commensurate with the gravity of the situation.

In the light of the comments of the Committee of Experts, which invites the UN treaty bodies to conduct a joint discussion on the means of reinforcing synergies and complementarities with the Committee, on the basis of the respective separate mandates of the various bodies, it seems to us that the case of the Central African Republic might be a case in which the specific implementation of synergies between the ILO and the other UN bodies could be tried out with a view to pooling available resources in order to provide a coordinated response to the fundamental problems observed in the country.

Worker member, Central African Republic – I would like to thank the Committee of Experts for identifying this case as one of those to be discussed at this session of the Conference.

Our appreciation arises from the fact that the incidence of child labour continues to rise in our country. Both workers and parents are concerned about this situation. In addition to the fact that the increase in child labour highlights higher adult unemployment, we fear that the stability of our country continues to be challenged by the prevalence of child labour. A recent UNICEF report indicates that the incidence of child labour in the Central African Republic is 31 per cent for children aged 5 to 17 years. The report also recognizes the Government’s efforts to enact legislation prohibiting children from being engaged in hazardous work.

The Committee of Experts rightly alluded to the lack of clarity in the Code’s provisions. In addition, abuses are in most cases deliberately perpetrated without remorse. Aside from the weakness of the law’s provisions, the gaps in the definitions and the weakness of the political will to advance robust programmes to combat child labour, there is little capacity to punish individuals and organizations for wrongdoing. Most indigent parents are guilty of a deliberate practice of child labour, using the pretext of an unsafe and unstable environment to engage their children in paid work. This practice is the norm in the informal economy.

Without making excuses for my country, I think it is fairly well known why child labour is prevalent. The combination of poverty, high unemployment, stagnant and low wages, and prolonged warfare has seriously contributed to the exacerbation and continuation of the practice of child labour. The situation is worse for girls, who are more likely to be easily recruited by their mothers to help generate and increase family income, while parents may help boys to attend school.

Our country will need help to successfully and permanently stop the civil war. We will also need help to improve our Labour Code and legislation to protect the rights of children.

The 5th Global Conference on the Elimination of Child Labour was held in Durban, South Africa a few weeks ago. This Conference resulted in the “Durban Call to Action”, as an outcome document, which was fully endorsed by the trade unions of the Central African Republic. The Conference identified the need to receive and deploy social protection to combat poverty and the vulnerability of households as a means to stop child labour. Social security is essential for children. There is a great need for social protection to ensure economic, social and nutritional well-being now that our country is struggling with inflation and economic recession owing to civil war, coronavirus, the knock-on effects of the war in Ukraine, and soaring debt servicing.

We also believe in the effectiveness of education. Unfortunately, the recurrent situation of civil war makes it difficult for children to attend school. Many children recruited as child soldiers need to be rehabilitated and reintegrated. Of course, this can only happen if we succeed in ending the war. To achieve good school enrolment and keep children in school, incentives to parents such as conditional cash transfers may need to be authorized.

Lastly, let me point out that my country is before this Committee for the second time in a decade. In conclusion, therefore, I would like to ask the ILO to consider a multi-partner approach with other development agencies, such as UNICEF, the United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Food Programme (WFP), the United Nations Development Programme (UNDP), the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) and the Joint United Nations Programme on HIV/AIDS (UNAIDS) to work with our Government, social partners and other stakeholders in a collaborative and inclusive manner to help us effectively address this threat.

We want a secure future for our children: they are our legacy.

Government member, France – I have the honour of speaking on behalf of the European Union (EU) and its Member States. The candidate country North Macedonia, and the European Free Trade Association countries Iceland and Norway, Members of the European Economic Area, as well as Georgia and Türkiye align themselves with this statement. The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights and the fight against child labour, in particular in its worst forms.

We actively promote the universal ratification and implementation of fundamental international labour standards, including ILO Convention No. 182. We support the ILO in its indispensable role to develop, promote and supervise the application of ratified international labour standards and of fundamental Conventions in particular.

As stated in the recently adopted “Durban Call to Action”, this universally ratified Convention requires action from the ILO Member States to eliminate as a matter of urgency the worst forms of child labour. We recall the importance of scaling up efforts in this regard and underline our strong commitment thereto.

The Central African Republic and the EU have a close and constructive relationship under the Cotonou Agreement, further reinforced by a new partnership agreement reaffirming our joint commitment to protect, promote and implement human rights, fundamental freedoms and democratic principles, and to strengthen the rule of law and good governance. The Central African Republic is also a beneficiary of the EU’s “Everything but Arms” scheme for least developed countries.

The recruitment and use of children is unacceptable in itself and results in serious other violations of the most fundamental child rights, such as abductions, murder and sexual abuse and violence. The existence of an armed conflict and armed groups in the country can never be used as an argument for the continued and increasing recruitment and use of children, including by the armed forces, both as combatants and in support roles, regardless of the complexity of the situation in the country.

In line with the Committee’s call, we urge the Government to pursue its efforts to put an immediate end to the practice of forced recruitment of children by the armed forces and by armed groups in the country. We also urge the Government to ensure that all those responsible for such acts are thoroughly investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice, in conformity with the Child Protection Code.

We also reiterate the call to the Government to ensure that all children removed from armed groups and from the armed forces benefit from reintegration programmes focused on their rehabilitation and social integration through child protection services and appropriate education, so as to guarantee their definitive demobilization.

Similarly, while acknowledging that the Central African Republic has been faced with ongoing political turbulence, violence and insecurity for years, and given the extent of the challenges to be overcome, we call on the Government to intensify its efforts – in line with the National Plan for Recovery and Peace Consolidation (RCPCA) 2017–23, which the EU co-chairs with the Prime Minister – to improve the operation of the education system and facilitate access to free basic education for all children, with special attention for girls, and in the zones affected by the conflict. We express our deep concern at the large number of children deprived of education because of the climate of insecurity and recall that education plays a central role in preventing children from being caught up in the worst forms of child labour.

We furthermore insist on the need to put an end to child labour in society. In this regard, we encourage the Government to implement the Child Protection Code in order to better respect children’s rights in Central African society.

The EU and its Member States are fully committed to working alongside the Central African Republic, and we will continue our engagement for the children in the country and for the education of the most vulnerable children in the framework of existing and future cooperation programmes. We expect the Government to commit itself to immediately end the use of children as combatants or in support roles both by its own armed forces and by other armed groups within the country.

We look forward to continuing joint efforts with the Government and the ILO.

Employer member, Colombia – At the outset, it is important to state the priority that we as employers attach to the Convention, aimed at protecting children, the most important members of society. With the adoption of this Convention, the ILO recognized this issue as a priority, at both national and international levels, and this standard seeks to provide a solution to a particularly abhorrent situation, which is why it was adopted by the ILO quickly and unanimously.

The Convention addresses the worst forms of child labour and is a clear and unquestionable wake-up call for all Member States to take urgent and comprehensive measures. In accordance with Article 1 of the Convention, the Government must take the necessary measures to secure the prohibition and elimination of the worst forms of child labour, encompassing Article 3(a), which refers to all forms of slavery or practices similar to slavery, including forced or compulsory recruitment of children for use in armed conflict.

The Committee of Experts indicated in its report on the case that 584 cases of children recruited and used by armed groups and the armed forces were confirmed in 2020. Children were used as combatants and in support roles and were subjected to sexual violence. To this end, while the Government has indicated the adoption of an Act issuing the Child Protection Code, which provides for the protection of children from enlistment in the armed forces or by armed groups, and also signed a Political Agreement for Peace and Reconciliation in the Central African Republic in 2019, such efforts must be strengthened. Immediate measures must therefore be taken to investigate and punish in practice those who are involved in criminal conduct, such as the recruitment of children under 18 years to use them in armed conflict.

We ask the Government to commit to effectively implementing and complying with the Convention and the recently adopted legislation and to provide information demonstrating the application in practice of the Convention. Lastly, we ask the Government to continue making progress, with ILO technical assistance and through the various existing international cooperation mechanisms, in aligning law and practice with the provisions of the Convention and ensure, as a matter of urgency, the elimination of the worst forms of child labour in the country.

Worker member, Eswatini – Education is one tool that has proved to be very effective in the fight against child labour. Quality education can only thrive in an environment conducive for learning. The ongoing violent conflicts in the Central African Republic exacerbate the already deteriorating situation of abuse of children and it greatly impedes children’s right to education. Children are reported to be kidnapped, used as ransom and bait for money to finance the rebel fights.

The violence catalyses the worst forms of child labour and makes schooling impossible as parents cannot reasonably be expected to send their children to school in an environment characterized by violence. Infrastructure, including schools, is damaged. According to the 2020 report of the Bureau of International Labor Affairs within the United States Department of Labor, an estimated 1.3 million children lack access to education because of the ongoing instability.

The Government must take concrete and immediate steps and be further assisted to allocate adequate funds for the financing of education. The country needs to be assisted on strategies to raise funds to finance quality education. The scourge of companies evading taxation through illicit financial flows needs to be attended to in haste. Illicit financial flows in any country negates expected service delivery by the State, including on issues of education.

The allegations that children are used as soldiers by non-state militias needs to be thoroughly investigated. Those found to be behind this gross abuse of children must be prosecuted.

Government member, Burkina Faso – The elimination of the worst forms of child labour is one of the essential components of the fundamental principles and rights at work enshrined by the ILO. Our country strongly encourages the promotion of the fundamental principles and rights as pillars for the promotion of decent work and the achievement of the objective of social justice at the heart of our shared Organization and will spare no effort to support all Member States in this regard.

Information provided by the Government of the Central African Republic shows that efforts have been made recently by the highest authorities to wage a relentless fight against trafficking in persons, including the worst forms of child labour. It should be recognized that the fight against child labour is particularly complex in countries beset by violence where areas controlled by armed groups pose enormous difficulties. In view of this particularly difficult context, Burkina Faso commends the efforts made by this sister republic and strongly encourages it to pursue this momentum.

The ILO must, as requested by the Central African Republic, support the Government’s actions and invite other partners to support the various processes under way. In the light of the foregoing, our Committee must demonstrate understanding and clemency when the conclusions to this individual case are adopted.

Worker member, Senegal – Thank you for giving me the opportunity to speak on behalf of the workers of West Africa.

We wish to welcome the efforts of the Committee of Experts regarding the notable work carried out on the subject being discussed.

We have noted with interest the Government’s statements on the efforts made, particularly the revision of the Labour Code. It should be emphasized, however, that these efforts fall far short of expectations and that a significant number of children under the age of 14 are still used as part of the workforce, including in hazardous conditions, in violation of the spirit and letter of the Convention.

In places where laws for determining the minimum working age are absent and vague, abuse becomes the norm and practice. This is precisely the case in the Central African Republic. Children under the minimum working age are engaged as workers in agriculture, construction sites, factories and the pervasive informal economy. Most parents, especially those living in poverty, easily account for this situation by arguing that they are sending children for apprenticeships while they are minors.

Child labour undermines the socio-economic development of the country and exposes these children to an uncertain and precarious future. As we have always emphasized in this Committee, children should be in the classroom and not in factories and sweatshops.

The lack of a clear and well-implemented minimum age policy and legislation must be addressed as a matter of urgency. The Government must also be encouraged and supported to intensify measures for quality public education, ensuring access and improving completion rates. We also wish to add that a well-coordinated labour inspection system with adequate resources must be established to ensure observance of policies and legislation aimed at determining the minimum working age and eliminating child labour. We urge the Committee to take effective action with the Government to ensure that the necessary measures are taken as soon as possible to combat and eliminate child labour.

Government member, Switzerland – Switzerland is deeply concerned about the continuing conflict situations in the Central African Republic and their devastating effects on the entire population. We call on all arms bearers and armed groups to respect the provisions of international law and to work towards a peaceful solution. Only the laying down of arms, security, peace and reconciliation will improve the situation in the long term.

Switzerland is particularly concerned about the increasing recruitment and use of children in armed conflict. We call on all parties to the armed conflict to put an immediate end to this practice, which not only affects some of the most vulnerable members of society but, with all its consequences, also literally destroys hope for a better future. Switzerland calls on the Government to ensure that all those who recruit children for use in armed conflict and illegal activities are thoroughly investigated and prosecuted with effective sanctions.

Furthermore, Switzerland remains very concerned about the large number of children deprived of education owing to the ongoing conflicts. Education is a right that must be guaranteed. It is the basis for a sustainable and peaceful future. Switzerland calls on all actors to make greater efforts to ensure that all children, boys and girls, have access to good-quality basic education. These efforts must also include the reintegration of victims of forced labour.

In conclusion, while thanking the Government for the information provided, Switzerland urges it to continue to work closely with the various institutions of the UN system.

Worker member, Portugal – I would like to take this opportunity to make some remarks regarding the inherent connection between child labour, insecurity and the absence of democracy. In this report the cruel reality of facts speaks for itself. Workers are deeply concerned by the situation in the Central African Republic and the ongoing violations of human rights and violence against civilians by armed groups, including the abduction and removal of children recruited for use in the armed conflict.

The entire report of the Committee of Experts on the Central African Republic is a cry for peace and democracy. Democracy is not a luxury of rich countries. Democracy is the means to achieve the best solutions to fight inequality and poverty and work towards achieving social justice, peace and development for everyone.

The utter breakdown of peace and security is at the core of the collapse of democracy, good governance and ultimately the loss of protections for civilians, and in this deplorable situation the loss of protections and rights for children. In our view, it is urgent to promote and establish peace and security, and strengthen democracy, good governance and respect for human rights. There are multiple challenges to be addressed, and all initiatives contributing to conflict prevention and sustainable peace in the region are welcome.

As long as the conflict goes on, it is impossible to ensure that children can attend school. It is everyone’s concern that children have access to education and training to stop poverty from passing from one generation to the next. It is vital to end this vicious circle that entangles families, communities and economies, and hinders the growth of the entire nation.

Too many children in the Central African Republic have been deprived of their right to education in this climate of insecurity prevailing in the country. They deserve a proper future with access to education, health and social protections. They deserve hope. They need a global commitment to permanently reduce the insecurities caused by conflict and the risks and vulnerabilities that leave families in a state of perpetual poverty. This means strengthening and supporting livelihoods and school enrolment, as well as government social protection systems which are essential to the fight to eradicate and prevent child labour.

Tripartite social dialogue in a democratic environment has a key role to play in this regard, delivering the right measures to promote social progress and eradicate all forms of child labour.

Government member, Mali – I would like to thank my colleagues from the Government of the Central African Republic for the clarity and relevance of the answers they have given, but also to show them our full support. Indeed, the measures already adopted and those envisaged by the Government are sufficient proof of its determination to eradicate the worst forms of child labour, despite the political, security and health challenges it faces. In conclusion, I would like to say that our Government remains convinced that the Government of the Central African Republic will be able to meet these challenges, in particular through the development and adoption, in the very near future and in collaboration with the Office, of a national action plan for the elimination of child labour.

Worker member, United States of America – Given the difficult situation in the Central African Republic, a multidimensional approach is urgently needed to protect children from the worst forms of child labour. As noted in the Committee of Experts’ report, the primary responsibility for ending the forced recruitment of children by armed groups lies with the Government. Put simply, it must do more to enforce the Child Protection Code’s criminalization of the recruitment and use of children by the armed forces and groups active in the country.

At the same time, we must not overlook the role of the private sector in the continued financing of armed rebel groups, particularly as it relates to the international diamond trade. Under the UN Guiding Principles on Business and Human Rights, companies are supposed to conduct human rights due diligence to ensure that their business operations and supply chains are not connected to human rights abuses like those taking place in the Central African Republic. However, in practice, very few international corporations live up to these guidelines and far too many continue business as usual.

Consequently, it is critical that all governments, including the Government of the Central African Republic, establish laws and practices requiring companies headquartered or domiciled in the country to conduct human rights due diligence across their business operations. With respect to the international diamond trade, we call on all States to adopt laws that require companies to investigate and report publicly on their mineral supply chains in accordance with international standards such as the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.

In conclusion, tackling the worst forms of forced labour in the Central African Republic requires a multifaceted approach that includes holding the private sector accountable for its role in funding the armed conflict. The Government needs to adopt a mandatory human rights due diligence policy with effective enforcement mechanisms to incentivize greater corporate action to eliminate conflict diamonds and minerals from global supply chains.

Government member, Gabon – Gabon has the honour of taking the floor before this assembly to endorse the responses provided by the Central African Republic further to the observations of the Committee of Experts.

Like its sister country, the Central African Republic, Gabon has ratified the Forced Labour Convention, 1930 (No. 29), the Abolition of Forced Labour Convention, 1957 (No. 105), the Minimum Age Convention, 1973 (No. 138), and Convention No. 182, and understands the complexity of the situation in the Central African Republic, particularly given the political and social situation there.

Consequently, Gabon encourages the Central African Republic to continue to intensify its efforts and therefore requests the Committee to pay particular attention and show particular understanding when addressing the issue of child labour in the Central African Republic, especially by taking into account the efforts made despite a particularly hostile context. In addition, Gabon requests the Office and other development partners to provide the Central African Republic with multifaceted support to achieve its child protection objectives in accordance with the provisions of the Convention.

Government member, Cameroon – Cameroon thanks the Central African Republic for the detailed answers provided to the Committee and, from the Government’s presentation, it is clear that, despite the complex situation it has been experiencing over the past few years, it has spared no effort to make the fight against child labour and human trafficking its leitmotiv.

The universal ratification of the Convention places the Central African Republic among the countries that have ratified this fundamental instrument, thus demonstrating its wish to eradicate child labour from its territory. Very conscious that the worst forms of child labour must be excluded by all means, the Government has set up a National Committee to Combat Trafficking in Persons under the direct authority of His Excellency the President of the Central African Republic. This shows the importance that this country attaches at the highest level to the fight against child labour and human trafficking.

In addition, the Central African Republic adopted a national strategy in 2022 to combat gender-based violence, child marriage and female genital mutilation. The Government of Cameroon welcomes the fact that the Central African Republic has requested technical assistance from the Office to develop a national plan for the elimination of the worst forms of child labour in line with the resolutions of the various global conferences on combating the worst forms of child labour.

All the information presented to the Committee today by the Government demonstrates the will of this country to remove children from the environment of child labour and armed groups in order to completely eradicate child labour from its territory.

In conclusion, the Government of Cameroon calls on the Central African Republic, on the one hand, to continue the steps taken and, on the other, to cooperate closely with the Office for the continuation, finalization and success of this process.

Government representative, Minister of Labour, Employment, Social Protection and Vocational Training – I would like to thank the ILO once again for the opportunity given to the Government of the Central African Republic to speak in response to the observations of the Committee of Experts. We thank all speakers, all countries and the social partners for their precious contributions and recommendations, which will strengthen our Government’s conviction to pursue its efforts to promote human rights and combat the worst forms of child labour. We have taken due note. The Government of the Central African Republic holds the ILO in high esteem; we will address all the points that have been raised and we will continue our efforts.

There has been some notable progress. The Government has identified the deep-rooted causes to enable the effective application of this Convention. It has identified the need for more judges in labour tribunals and the labour inspectorate; currently there are not enough, and many who are in active service will soon be retiring. A plan of action is under way to provide training and enhance skills in order to apply the Conventions more effectively. Once again, we request ILO support in relation to the need for support from standards specialists. In addition, another form of support established by the Government has involved joining Alliance 8.7 as a pioneer country. This procedure was transmitted to the Kinshasa Office and we were informed last week that the matter was settled. We will be able to organize a strategic workshop and an action plan which will enable us to support the Abidjan and Durban Declarations. This is a priority for the ILO and also for the country.

I wish to make my own contribution, as the head of the Ministry of Labour. With regard to the issue of reporting, I call for support from the ILO with providing a standards specialist to assist the country with reporting. The country has been through various crises, as you know. A new team is in place. We need to reinforce this new team, and the presence of a standards specialist alongside the Central African Republic will be a great support. This is my request in order to ensure the effective application of the Convention with regard to the worst forms of child labour.

Employer members – In its concluding remarks, the Employer members would like to again thank the Government for the additional information submitted on the case. As we said before, we find this information very promising. We welcome the fact that the Central African Republic has joined Alliance 8.7, but, given the complexity of the situation prevailing on the ground and the existence of armed conflict and armed groups in the country, we believe this case still demands strong political commitment and strategic partnership to put into practice sustainable strategies involving all stakeholders. We would also like to thank all the delegates for their participation and insight. Overall, the global crisis has certainly been exacerbated by the armed conflicts and the humanitarian crisis in the Central African Republic, which has pushed families towards increased poverty levels and therefore made them more vulnerable to the worst forms of child labour.

We are facing the threat of years of progress against child labour being reversed and the Employer members agree that it is essential to stand against, discourage, and join efforts to prevent and eliminate child labour with the highest priority given to the worst forms of child labour. The Employer members are pleased to hear the efforts being made by the Government to deal with this persistent and serious problem. In light of the debate, we would like to recommend that the Government intensify its efforts on the prevention, removal, rehabilitation and social integration of children recruited for use in armed conflict and put an end to this practice, as well as to provide information on the measures taken and the number of children benefiting from the rehabilitation and social integration programmes. The Government should also ensure that thorough investigations and robust prosecutions are carried out and that sufficiently effective and dissuasive penalties are imposed in practice, and provide information on the number of investigations, prosecutions and convictions applied in compliance with the Child Protection Code. Additionally, we would like to recommend that the Government intensify its efforts to improve the operation of the education system and facilitate access to free basic education for all children; and provide information on the measures taken, as well as on school attendance, maintenance and drop-out rates.

Finally, we encourage the Government to seek further technical assistance to increase capacity-building among constituents in order to implement effective and sustainable strategies to eradicate the worst forms of child labour in the Central African Republic.

Worker members – We thank the Government representative for the information she provided during the discussion and for the written information that was indeed sent, contrary to what was mistakenly stated in my opening speech. We regret, however, the late submission of this written information. We also thank the speakers for their statements.

We have said it before and we say it again: there is no denying that the political will to address the issues we have discussed today exists. But the problem lies in putting these political commitments into practice.

Following years of the government authorities being called into question on these issues by various international institutions, regrettably we still find the continued use of children in armed conflict in the Central African Republic, both by the official armed forces and by various armed groups involved in the conflict. This situation puts the children concerned in a particularly vulnerable situation and exposes them to other serious violations of their rights, in total contravention of the Convention. Even more seriously, this phenomenon appears to have deteriorated in recent years.

The impact of these armed conflicts in the country on access to education is devastating, both for children forcibly recruited into conflict, as well as for other children, as a significant number of children are deprived of education.

We must therefore strongly urge the Government to take immediate and decisive action, as a matter of urgency, to ensure the effective elimination and prohibition of the forced recruitment of children in armed conflict. To this end, we join the Committee of Experts in calling on the Government to continue to strengthen its efforts to put an end in practice to the forced recruitment of children under 18 years of age by the armed forces and armed groups in the country. We also ask the Government to take immediate and effective measures to ensure that all persons, including members of the regular armed forces, who recruit children under 18 years of age for use in armed conflict are thoroughly investigated and prosecuted, and that sufficiently effective and dissuasive sanctions are imposed in practice. The Government will provide useful information on the number of investigations, prosecutions, and convictions in this regard and will provide a copy of the Child Protection Code to the Committee of Experts.

In order to protect children from forced recruitment into armed conflict, the Government will strengthen its efforts and take effective time-bound measures to improve the functioning of the education system and facilitate access to quality basic education for all children in the Central African Republic, particularly in areas affected by armed conflict. The Government will also pay particular attention to the situation of girls.

In order to be able to follow developments in the situation, the Government will provide useful information on the specific measures taken in this regard, as well as on the enrolment, completion and drop-out rates at primary and secondary levels.

Lastly, the Government will take appropriate and time-bound measures to ensure the removal of children recruited for use in armed conflict, and for their rehabilitation and social integration. It will also ensure that all children removed from armed groups and the armed forces are placed in reintegration programmes. Although it has already provided some information in this regard, the Government will undertake to send such information to the Committee of Experts, including information on the number of children who have benefited from rehabilitation and social integration.

In order to give effect to all of these recommendations, we invite the Government to avail itself of the ILO’s technical assistance and provide a full report to the Committee of Experts before its 2022 session.

We also invite the Government to cooperate fully with any initiatives established by the ILO in collaboration with other UN treaty bodies with a view to promptly remedying the serious violations of children’s rights in the Central African Republic.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government representative and the discussion that followed.

While acknowledging the complexity of the situation prevailing in the country and the presence of armed groups and armed conflict in the country, the Committee deeply deplored the current situation where children are being recruited and used by the armed forces and armed groups as combatants and in support roles, which also results in other serious violations of children’s rights, such as abductions, murder and sexual violence.

The Committee also noted with deep concern the situation of children, especially girls, who are deprived of education due to the impact of the political and security crisis prevailing in the country.

Taking into account the discussion, the Committee urges the Government to take all necessary measures, in consultation with the social partners, to:

- ensure the full and immediate demobilization of all children and to put a stop, in law and practice, to the forced recruitment of children into the armed forces and armed groups;

- intensify its efforts on the prevention, removal, rehabilitation and social integration of children recruited to be used for armed conflict, including through awareness-raising and reintegration programmes;

- inform on the measures taken, and the number of children who have benefited from rehabilitation and social integration programmes;

- ensure that thorough investigations and robust prosecutions of all persons, including members of the armed forces and armed groups, are carried out, and that sufficiently effective and dissuasive penalties are imposed in law and practice;

- inform on the number of investigations undertaken, prosecutions and convictions applied in compliance with the Child Protection Code and to provide a copy of same to the Committee of Experts;

- intensify its efforts to improve the operation of the education system and facilitate access to free quality basic education for all children, particularly girls, and in zones affected by the conflict;

- inform on the measures taken, as well as on the school attendance, maintenance and drop-out rates of children;

- develop a multidisciplinary time-bound action plan, with ILO technical assistance and in close cooperation with the social partners and other relevant civil society organizations. In addition, coordinate with other UN agencies with relevant competencies and expertise including UNICEF; and

- seek further ILO technical assistance to progress towards the full eradication of the worst forms of child labour in accordance with the Convention and to build capacity of the tripartite constituents to help achieve that goal.

The Committee requests the Government to submit a report to the Committee of Experts by 1 September 2022 with the relevant information on the application of the Convention in law and practice, in consultation with the social partners.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted the Government’s indications that the preliminary draft of the Labour Code, approved by the social partners, prohibits the worst forms of child labour. It also noted that a new Penal Code, also approved, was still in the process of adoption.

The Committee noted with interest the adoption in January 2009 of Act No. 09.004 issuing the Labour Code of the Central African Republic (Labour Code of 2009), sections 262 and 263 of which prohibit the worst forms of child labour throughout the territory of the Central African Republic, namely:

(a)    all forms of slavery or practices similar to slavery, such as the sale and trafficking of children and forced and compulsory labour;

(b)   the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;

(c)    the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties; and

(d)   work which, by its nature or the conditions in which it is carried out, is likely to harm the health, safety or morals of the child.

However, the Committee noted that the Government has not provided any information on the progress achieved towards the adoption of the new Penal Code. It once again requests the Government to provide a copy of the new Penal Code once it has been adopted.

Article 4(1). Determination of hazardous types of work. The Committee noted previously that the preliminary draft of the Labour Code determines a list of hazardous types of work and that technological advances have been taken into consideration. It also noted the Government’s indication that the National Network to Combat Child Labour and the National Follow-up Committee on the Convention on the Rights of the Child would hold joint consultations with employers’ and workers’ organizations. The Committee noted the Government’s indication in its report submitted under the Minimum Age Convention, 1973 (No. 138), that section 261 of the Labour Code of 2009 provides that a joint order of the Minister of Labour and the Minister of Public Health, issued after consulting the National Standing Labour Council, shall determine the nature of the types of work and the categories of enterprises that are prohibited for children and the age limit up to which the prohibition applies. However, the Committee observed that, to date, no such list of hazardous types of employment or work appears to have been published. The Committee reminded the Government that, pursuant to Article 4(1) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, and that, pursuant to Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take immediate measures to ensure that a list determining the hazardous types of employment or work prohibited for persons under 18 years of age, in accordance with section 261 of the Labour Code of 2009, is adopted in the near future. It requests the Government to provide information on the progress achieved in this regard.

Article 6. Programmes of action. In its previous comments, the Committee noted the Government’s indication that it envisaged implementing a programme of action for the protection of children at work and that, once the initial Labour Code was adopted and the study to identify and classify child labour validated, it would take measures to implement the programme of action. The Committee noted that, in its report submitted under the Minimum Age Convention, 1973 (No. 138), the Government indicated that, in the context of the adoption of the Labour Code of 2009, the Department of Labour worked on the preparation of texts to implement the Code, and that a national policy intended to achieve the progressive abolition of child labour and to increase the minimum age for admission to employment or work will be prepared once the implementing texts have been issued. The Committee requests the Government to take immediate measures to ensure that the national policy on the abolition of child labour is adopted in the near future. It requests the Government to provide information on the measures taken in the context of this national policy for the elimination of child labour in hazardous types of work and in the worst forms of child labour, particularly in the informal sector.

Article 7(2). Effective and time-bound measures.  Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s indication that it had adopted a Plan of Action on Education for All (NPA–EFA) in 2005, intended to increase the school attendance rate, reduce the school drop-out rate and ensure the completion of the full cycle of primary education by all children. It further noted that the Government has adopted measures to raise the awareness with regard to school attendance of girls so as to reduce the disparity in the school attendance rates between girls and boys. However, it noted that, according to UNICEF statistics for 2006, the net school enrolment rate at the primary level was 44 per cent for boys and 37 per cent for girls, with the figures at the secondary level being 13 per cent for boys and 9 per cent for girls. The Committee also noted that, according to the Education for All Global Monitoring Report 2008, published by UNESCO and entitled Education for All in 2015: Will we make it?, 20 per cent or more of students in primary school have repeated their grade and that girls repeat grades more than boys.

The Committee noted that the Government’s report does not contain any information regarding education. However, the Committee observed that, according to UNICEF statistics for 2007, the school attendance rates at the primary and secondary levels remain a cause of serious concern: the net primary school registration rate is 53 per cent for boys and 38 per cent for girls, while the figures for secondary school are 13 per cent for boys and 9 per cent for girls. The Committee also expressed concern at the report of the Representative of the Secretary-General on the human rights of internally displaced persons of 17 March 2008 (A/HRC/8/6/Add.1, paragraph 60), which indicates that the education sector has been seriously affected, among other factors, by the destruction of hundreds of schools (117 in 2005) during the conflict in the Central African Republic. In areas where access to education was already insufficient, the Representative expresses concern that the right to education is becoming ever more illusory for thousands of children. According to United Nations estimates, around 90,000 children between the ages of 6 and 16 years are affected by this situation.

The Committee therefore once again expressed deep concern at the low rate of school enrolment in both primary and secondary education and the relatively high rate of students repeating years, with both phenomena affecting girls in particular. It is also extremely concerned at the number of children who are deprived of education due to the armed conflicts in the Central African Republic. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee firmly requests the Government to take effective and time-bound measures to improve the operation of the education system in the country, particularly in the context of the NPA–EFA of 2005, and to improve the school enrolment rate at both the primary and secondary levels, and reduce the rate of grade repetition, with special attention to the situation of girls.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking and prostitution. The Committee noted previously that, according to the information contained in the report of the United Nations Special Rapporteur on violence against women of February 2003 (E/CN.4/2003/75/Add.1, paragraph 143), children originating from Nigeria, Sudan and Chad are trafficked for use as domestic workers and commercial and agricultural workers in the Central African Republic. According to this report, child prostitution also exists in the country. The Committee further noted the Government’s indication that a study on the abuse, sexual exploitation and trafficking of children had been carried out in 2005 and that a national plan of action to combat the abuse, sexual exploitation and trafficking of children had been adopted. The Committee once again noted the absence of information in the Government’s report on this subject. It therefore once again requests the Government to provide information on the measures taken in the context of the implementation of this national plan of action to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking for economic or sexual exploitation from these worst forms of child labour and to ensure their rehabilitation and social integration. The Committee further requests the Government to provide information with its next report on the results achieved and to supply a copy of the national plan of action to combat the abuse, sexual exploitation and trafficking of children.

Clause (d). Identifying and reaching out to children at special risk. 
1. Street children and other vulnerable children. In its previous comments, the Committee noted that a number of children live and work in the streets in the Central African Republic. It noted the information provided by the Government that a Youth Development Programme (DIJE) had been tested in the sous‑préfecture of Boda and that NGOs had set up centres for the reintegration and rehabilitation of street children and other vulnerable children. The Committee once again noted that the Government’s report does not contain any information on this matter. It once again reminded the Government that street children and other vulnerable children are particularly exposed to the worst forms of child labour. The Committee once again requests the Government to provide information in its next report on the measures taken in the context of the DIJE programme in the sous-préfecture of Boda and by the reintegration and rehabilitation centres to protect these children.

2. Orphans of HIV/AIDS. The Committee noted previously that, according to the Report on the Global AIDS Epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children orphaned in the Central African Republic as a result of the virus was approximately 140,000. It also noted that, according to this report, the Government had formulated, in collaboration with UNAIDS, a five-year strategic national framework to combat the virus. It noted that, according to the national situation report that the Government submitted to UNAIDS in January 2008, national programmes have been implemented for orphans and vulnerable children. The Committee once again noted that the Government has not provided any information on this subject. It once again expresses concern at the high number of child HIV/AIDS orphans in the Central African Republic and again observes that the virus has negative consequences on orphans, who are at increased risk of being engaged in the worst forms of child labour. The Committee therefore urges the Government to provide information in its next report on the specific measures adopted to prevent orphans of HIV/AIDS from being engaged in the worst forms of child labour.

Clause (e). Special situation of girls. In its previous comments, the Committee noted that, according to the 2003 study carried out by the Ministry of the Economy, Planning and International Cooperation on the situation of children in the country, girls from the majority of those working on their own account (57 per cent) and of domestic workers (54 per cent), two sectors which are not subject to the regulations on child labour, thereby making them vulnerable to exploitation. Noting once again the absence of information in the Government’s report, the Committee requests the Government to take effective and time-bound measures that pay particular attention to the situation of girls working in these areas. It requests the Government to provide information in its next report on the progress achieved in this respect.

Article 8. International cooperation and assistance. Poverty reduction. With reference to its previous comments, the Committee noted that, according to the report submitted in accordance with paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1 of the Human Rights Council of 23 February 2009 (A/HRC/WG.6/5/CAF/1, paragraphs 47–49), the Government has prepared a Poverty Reduction Strategy Paper (PRSP) as the sole context for dialogue and the reference point for all issues relating to national development policies. However, the Committee noted the indication in this report that poverty is a massive phenomenon in the Central African Republic; more than two-thirds of the population (67.2 per cent, or 12,618,000 people) live below the poverty line. Noting once again that the Government has not provided information on this subject, the Committee reminded the Government that initiatives to reduce poverty contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour. The Committee urges the Government to take measures to ensure that the implementation of the PRSP has a significant impact on the elimination of the worst forms of child labour. It requests the Government to provide information on any progress achieved in this respect.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that the study to identify and classify child labour, undertaken in collaboration with UNICEF, was in the process of being validated. It also noted the Government’s indication that the new Penal Code reinforced penal sanctions relating to the worst forms of child labour. The Committee noted the Government’s indication that, following a seminar bringing together labour inspectors and magistrates, a recommendation was adopted to establish better collaboration and more effective communication of the decisions of labour courts. The Committee once again requests the Government to provide a copy of the study to identify and classify child labour as soon as it is validated, as well as information on the measures adopted or envisaged as a result of this study to give effect to the provisions of the Convention. It also once again requests the Government to provide information on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions applied, particularly by the labour courts. To the extent possible, the information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. The Committee previously noted that the Secretary-General of the United Nations, in his report of 21 December 2007 on children and armed conflict (A/62/609-S/2007/757, paragraphs 29–32), referred to many cases of the recruitment of children by the rebel group Union des forces démocratiques pour le rassemblement (UFDR), which controls parts of the north-east of the country. During UFDR attacks on the positions of the armed forces of the Central African Republic (FACA) and the French army in Birao in March 2007, former students of the Birao secondary school were identified among the rebels. Many of the children between the ages of 12 and 17 years who participated in these attacks lost their lives. Furthermore, according to the report, a UNICEF mission in June 2007 confirmed that there were approximately 400 to 500 children associated with the rebel groups of the Armée pour la restauration de la République et la démocratie (APRD) and the Front démocratique du peuple centrafricain (FDPC), which were participating in operations in the north-western region. The APRD and the FDPC are increasingly resorting to the forced recruitment of children in their areas of influence. The Committee noted in this respect that the national legislation does not appear to contain provisions prohibiting and penalizing the forced recruitment of young persons under 18 years of age for use in armed conflict and it therefore requested the Government to take measures as a matter of urgency for the adoption of such legislation.

The Committee noted with satisfaction that sections 262 and 263 of the new Act No. 09.004 issuing the Labour Code of the Central African Republic (Labour Code of 2009), adopted in January 2009, provide that all forms of slavery or practices similar to slavery affecting young persons under 18 years of age, as well as forced or compulsory labour, including forced or compulsory recruitment for their use in armed conflict, are prohibited throughout the territory of the Central Africa Republic. The Committee further noted that fines and terms of imprisonment are envisaged in the event of violations of this provision (section 393).

However, the Committee noted that, according to more recent information provided by the Secretary-General of the United Nations in his Report of 3 February 2009 on children and armed conflict (S/2009/66, paragraphs 26 to 36), the APRD recently identified 250 children for release and reintegration, but it may well be that the children associated with the APRD are more numerous. In November 2008, 100 children had been identified, most of whom were between the ages of 12 to 17 years, with some cases of children of 9 and 10 years of age. The Secretary-General also reports that many children were abducted and recruited in the south-west of the country following the four attacks by the Lord’s Resistance Army (LRA) in February and March 2008 on villages in the Obo area. A joint mission of the United Nations, the United Nations Peace Building Support Office in the Central African Republic, the Office for the Coordination of Humanitarian Affairs, the Department of Safety and Security and UNICEF found that some of the attackers were reportedly under the age of 15 years. According to 35 adults who had been abducted and were later released by the LRA, the 55 children who were abducted during the attacks are now used as soldiers or for auxiliary tasks, and the girls are used as sexual slaves. The Committee further noted that the Representative of the Secretary-General in his Report on the situation of human rights of internally displaced persons of 17 March 2008 (A/HRC/8/6/Add.1, paragraph 67), indicates that he observed children among the rebels patrolling the territories under their control and that something under 1,000 children are reported to be involved.

The Committee further noted the indication by the Secretary-General that an Amnesty Law was promulgated on 13 October 2008 covering violations committed by Government security and defence forces and rebels between March 2003 and October 2008 (S/2009/66, paragraph 6). The amnesty is subject to conditions, including the cantonment, demobilization and disarmament of fighting forces within 60 days of its promulgation. Considering this short timeframe, which was challenged in particular by the APRD, an incremental approach was adopted early in November 2008, with demobilization activities to begin early in 2009. On 25 October 2008, the Government of the Central African Republic released from detention 12 fighters from the APRD, the UFDR and the FDPC, in accordance with its obligations under the agreement (S/2009/66, paragraph 6).

The Committee accordingly observed that the forced recruitment of children for use in armed conflict still exists in the country and that the situation remains fragile. It once again expressed deep concern at the current situation, particularly since the persistence of this worst form of child labour gives rise to other violations of the rights of the child, such as murders and sexual violence. It once again reminded the Government that, under the terms of Article 1 of the Convention, member States are under the obligation to take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take immediate and effective measures to bring an end to the practice of the forced recruitment of young persons under 18 years of age by armed groups, particularly in the north-east and north-west of the country. With reference to the Security Council, which in resolution No. 1612 of 26 July 2005 recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate measures to secure in practice the protection of young persons under 18 years of age against forced recruitment for their use in armed conflict, and to ensure that investigations are undertaken and grave charges brought against those committing violations, and that sufficiently effective and dissuasive penalties are imposed upon persons found guilty of having used young persons under 18 years of age in armed conflict. It requests the Government to provide information in this respect.

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, wherever possible and appropriate, to vocational training. Child soldiers. In its previous comments, the Committee noted that, according to information from UNICEF, the Government, the UFDR and UNICEF signed an agreement on 16 June 2007 to reintegrate children connected with armed groups in the north-east of the country. In this respect, it noted that, according to the Report of the Secretary-General of the United Nations of 21 December 2007 on children and armed conflict (A/62/609-S/2007/757, paragraphs 29 to 32), in the context of an agreement signed on 16 June 2007, a first group of approximately 200 children were released. In April and May 2007, over 450 children associated with the UFDR, 75 per cent of whom were boys aged between 13 and 17 years, were demobilized. According to the report, a last group of between 450 and 500 children are reported to have been released and to have returned to their communities since September 2007, although this information has not been verified. With regard to children associated with the APRD and FDPC rebel groups, which are both active in the north-western region, the report indicates that in March and June 2007 the APRD requested assistance from the United Nations Country Team to demobilize child soldiers. An informal dialogue was commenced with the APRD to prevent the recruitment of children and to demobilize and reintegrate those who are in its ranks with a view to their reintegration into society. However, formal negotiations are hampered by the insecurity in the north-western region of the country.

The Committee further noted that, according to the UNICEF Humanitarian Action Report 2008, the conflict has resulted in internal displacements, with over 610,000 suffering from the conflict. The Committee also noted that UNICEF intends to improve access to basic education for 113,000 conflict-affected children through an extensive back-to-school campaign across the country’s northern prefectures. UNICEF also intends to facilitate the reintegration of 1,000 child soldiers into their families and communities.

The Committee noted that, according to the Report of the Secretary-General of the United Nations of 3 February 2009 on children and armed conflict (S/2009/66, paragraph 53), strategic partnerships for the prevention of the recruitment and for the release and reintegration of children in areas controlled by the APRD and the UFDR have recently been concluded with four humanitarian NGOs. This community-based programme envisages support for the release and reintegration of hundreds of children associated with armed groups in the northern areas. Three transit interim care centres are currently being built in the north‑western districts and an emergency site to receive released children is already operational in the north-west. The Committee however noted the indication by the Secretary-General that, while there have been some positive developments regarding the anticipated release of children from the APRD and the UFDR, the deadlock in the peace negotiations and the withdrawal of the major parties to the conflict from the Comprehensive Peace Dialogue in August 2008 stalled the implementation of the commitments to release children. According to the Secretary-General, up to now, relatively few children have actually been released and there may also have been new recruitment.

The Committee therefore once again observed that, despite the Government’s collaboration with UNICEF, the current situation of the country remains a cause of grave concern. The Committee therefore requests the Government to redouble its efforts and to continue its collaboration with UNICEF and other organizations with a view to improving the situation of child victims of forced recruitment who are used in armed conflict. It hopes that the Government will negotiate an end to armed conflict so that all children used in armed conflict are demobilized and reintegrated, particularly in the north-east and north-west of the country. The Committee further asks the Government to provide information on the number of child soldiers removed from armed groups and reintegrated through appropriate assistance for their rehabilitation and social integration, including through care centres. It requests the Government to provide information in this respect in its next report.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted the Government’s indications that the preliminary draft of the Labour Code, approved by the social partners, prohibits the worst forms of child labour. It also noted that a new Penal Code, also approved, was still in the process of adoption.

The Committee notes with interest the adoption in January 2009 of Act No. 09.004 issuing the Labour Code of the Central African Republic (Labour Code of 2009), sections 262 and 263 of which prohibit the worst forms of child labour throughout the territory of the Central African Republic, namely:

(a)   all forms of slavery or practices similar to slavery, such as the sale and trafficking of children and forced and compulsory labour;

(b)   the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;

(c)   the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties; and

(d)   work which, by its nature or the conditions in which it is carried out, is likely to harm the health, safety or morals of the child.

However, the Committee notes that the Government has not provided any information on the progress achieved towards the adoption of the new Penal Code. It once again requests the Government to provide a copy of the new Penal Code once it has been adopted.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee noted previously that the preliminary draft of the Labour Code determines a list of hazardous types of work and that technological advances have been taken into consideration. It also noted the Government’s indication that the National Network to Combat Child Labour and the National Follow-up Committee on the Convention on the Rights of the Child would hold joint consultations with employers’ and workers’ organizations. The Committee notes the Government’s indication in its report submitted under the Minimum Age Convention, 1973 (No. 138), that section 261 of the Labour Code of 2009 provides that a joint order of the Minister of Labour and the Minister of Public Health, issued after consulting the National Standing Labour Council, shall determine the nature of the types of work and the categories of enterprises that are prohibited for children and the age limit up to which the prohibition applies. However, the Committee observes that, to date, no such list of hazardous types of employment or work appears to have been published. The Committee reminds the Government that, pursuant to Article 4(1) of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, and that, pursuant to Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take immediate measures to ensure that a list determining the hazardous types of employment or work prohibited for persons under 18 years of age, in accordance with section 261 of the Labour Code of 2009, is adopted in the near future. It requests the Government to provide information on the progress achieved in this regard.

Article 6. Programmes of action. In its previous comments, the Committee noted the Government’s indication that it envisaged implementing a programme of action for the protection of children at work and that, once the initial Labour Code was adopted and the study to identify and classify child labour validated, it would take measures to implement the programme of action. The Committee notes that, in its report submitted under the Minimum Age Convention, 1973 (No. 138), the Government indicates that, in the context of the adoption of the Labour Code of 2009, the Department of Labour worked on the preparation of texts to implement the Code, and that a national policy intended to achieve the progressive abolition of child labour and to increase the minimum age for admission to employment or work will be prepared once the implementing texts have been issued. The Committee requests the Government to take immediate measures to ensure that the national policy on the abolition of child labour is adopted in the near future. It requests the Government to provide information on the measures taken in the context of this national policy for the elimination of child labour in hazardous types of work and in the worst forms of child labour, particularly in the informal sector.

Article 7, paragraph 2. Effective and time-bound measures.  Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s indication that it had adopted a Plan of Action on Education for All (NPA–EFA) in 2005, intended to increase the school attendance rate, reduce the school drop-out rate and ensure the completion of the full cycle of primary education by all children. It further noted that the Government has adopted measures to raise the awareness with regard to school attendance of girls so as to reduce the disparity in the school attendance rates between girls and boys. However, it noted that, according to UNICEF statistics for 2006, the net school enrolment rate at the primary level was 44 per cent for boys and 37 per cent for girls, with the figures at the secondary level being 13 per cent for boys and 9 per cent for girls. The Committee also noted that, according to the Education for All Global Monitoring Report 2008, published by UNESCO and entitled Education for All in 2015: Will we make it?, 20 per cent or more of students in primary school have repeated their grade and that girls repeat grades more than boys.

The Committee notes that the Government’s report does not contain any information regarding education. However, the Committee observes that, according to UNICEF statistics for 2007, the school attendance rates at the primary and secondary levels remain a cause of serious concern: the net primary school registration rate is 53 per cent for boys and 38 per cent for girls, while the figures for secondary school are 13 per cent for boys and 9 per cent for girls. The Committee also expresses concern at the report of the Representative of the Secretary-General on the human rights of internally displaced persons of 17 March 2008 (A/HRC/8/6/Add.1, paragraph 60), which indicates that the education sector has been seriously affected, among other factors, by the destruction of hundreds of schools (117 in 2005) during the conflict in the Central African Republic. In areas where access to education was already insufficient, the Representative expresses concern that the right to education is becoming ever more illusory for thousands of children. According to United Nations estimates, around 90,000 children between the ages of 6 and 16 years are affected by this situation.

The Committee therefore once again expresses deep concern at the low rate of school enrolment in both primary and secondary education and the relatively high rate of students repeating years, with both phenomena affecting girls in particular. It is also extremely concerned at the number of children who are deprived of education due to the armed conflicts in the Central African Republic. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee firmly requests the Government to take effective and time-bound measures to improve the operation of the education system in the country, particularly in the context of the
NPA–EFA of 2005, and to improve the school enrolment rate at both the primary and secondary levels, and reduce the rate of grade repetition, with special attention to the situation of girls.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking and prostitution. The Committee noted previously that, according to the information contained in the report of the United Nations Special Rapporteur on violence against women of February 2003 (E/CN.4/2003/75/Add.1, paragraph 143), children originating from Nigeria, Sudan and Chad are trafficked for use as domestic workers and commercial and agricultural workers in the Central African Republic. According to this report, child prostitution also exists in the country. The Committee further noted the Government’s indication that a study on the abuse, sexual exploitation and trafficking of children had been carried out in 2005 and that a national plan of action to combat the abuse, sexual exploitation and trafficking of children had been adopted. The Committee once again notes the absence of information in the Government’s report on this subject. It therefore once again requests the Government to provide information on the measures taken in the context of the implementation of this national plan of action to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking for economic or sexual exploitation from these worst forms of child labour and to ensure their rehabilitation and social integration. The Committee further requests the Government to provide information with its next report on the results achieved and to supply a copy of the national plan of action to combat the abuse, sexual exploitation and trafficking of children.

Clause (d). Identifying and reaching out to children at special risk 
1. Street children and other vulnerable children. In its previous comments, the Committee noted that a number of children live and work in the streets in the Central African Republic. It noted the information provided by the Government that a Youth Development Programme (DIJE) had been tested in the sous‑préfecture of Boda and that NGOs had set up centres for the reintegration and rehabilitation of street children and other vulnerable children. The Committee once again notes that the Government’s report does not contain any information on this matter. It once again reminds the Government that street children and other vulnerable children are particularly exposed to the worst forms of child labour. The Committee once again requests the Government to provide information in its next report on the measures taken in the context of the DIJE programme in the sous-préfecture of Boda and by the reintegration and rehabilitation centres to protect these children.

2. Orphans of HIV/AIDS. The Committee noted previously that, according to the Report on the Global AIDS Epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children orphaned in the Central African Republic as a result of the virus was approximately 140,000. It also noted that, according to this report, the Government had formulated, in collaboration with UNAIDS, a five-year strategic national framework to combat the virus. It noted that, according to the national situation report that the Government submitted to UNAIDS in January 2008, national programmes have been implemented for orphans and vulnerable children. The Committee once again notes that the Government has not provided any information on this subject. It once again expresses concern at the high number of child HIV/AIDS orphans in the Central African Republic and again observes that the virus has negative consequences on orphans, who are at increased risk of being engaged in the worst forms of child labour. The Committee therefore urges the Government to provide information in its next report on the specific measures adopted to prevent orphans of HIV/AIDS from being engaged in the worst forms of child labour.

Clause (e). Special situation of girls. In its previous comments, the Committee noted that, according to the 2003 study carried out by the Ministry of the Economy, Planning and International Cooperation on the situation of children in the country, girls from the majority of those working on their own account (57 per cent) and of domestic workers (54 per cent), two sectors which are not subject to the regulations on child labour, thereby making them vulnerable to exploitation. Noting once again the absence of information in the Government’s report, the Committee requests the Government to take effective and time-bound measures that pay particular attention to the situation of girls working in these areas. It requests the Government to provide information in its next report on the progress achieved in this respect.

Article 8. International cooperation and assistance. Poverty reduction. With reference to its previous comments, the Committee notes that, according to the report submitted in accordance with paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1 of the Human Rights Council of 23 February 2009 (A/HRC/WG.6/5/CAF/1, paragraphs 47–49), the Government has prepared a Poverty Reduction Strategy Paper (PRSP) as the sole context for dialogue and the reference point for all issues relating to national development policies. However, the Committee notes the indication in this report that poverty is a massive phenomenon in the Central African Republic; more than two-thirds of the population (67.2 per cent, or 12,618,000 people) live below the poverty line. Noting once again that the Government has not provided information on this subject, the Committee reminds the Government that initiatives to reduce poverty contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour. The Committee urges the Government to take measures to ensure that the implementation of the PRSP has a significant impact on the elimination of the worst forms of child labour. It requests the Government to provide information on any progress achieved in this respect.

Parts IV and V of the report form. Application of the Convention in practice. In its previous comments, the Committee noted the Government’s indication that the study to identify and classify child labour, undertaken in collaboration with UNICEF, was in the process of being validated. It also noted the Government’s indication that the new Penal Code reinforced penal sanctions relating to the worst forms of child labour. The Committee notes the Government’s indication that, following a seminar bringing together labour inspectors and magistrates, a recommendation was adopted to establish better collaboration and more effective communication of the decisions of labour courts. The Committee once again requests the Government to provide a copy of the study to identify and classify child labour as soon as it is validated, as well as information on the measures adopted or envisaged as a result of this study to give effect to the provisions of the Convention. It also once again requests the Government to provide information on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions applied, particularly by the labour courts. To the extent possible, the information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. The Committee previously noted that the Secretary-General of the United Nations, in his report of 21 December 2007 on children and armed conflict (A/62/609-S/2007/757, paragraphs 29–32), referred to many cases of the recruitment of children by the rebel group Union des forces démocratiques pour le rassemblement (UFDR), which controls parts of the north-east of the country. During UFDR attacks on the positions of the armed forces of the Central African Republic (FACA) and the French army in Birao in March 2007, former students of the Birao secondary school were identified among the rebels. Many of the children between the ages of 12 and 17 years who participated in these attacks lost their lives. Furthermore, according to the report, a UNICEF mission in June 2007 confirmed that there were approximately 400 to 500 children associated with the rebel groups of the Armée pour la restauration de la République et la démocratie (APRD) and the Front démocratique du peuple centrafricain (FDPC), which were participating in operations in the north-western region. The APRD and the FDPC are increasingly resorting to the forced recruitment of children in their areas of influence. The Committee noted in this respect that the national legislation does not appear to contain provisions prohibiting and penalizing the forced recruitment of young persons under 18 years of age for use in armed conflict and it therefore requested the Government to take measures as a matter of urgency for the adoption of such legislation.

The Committee notes with satisfaction that sections 262 and 263 of the new Act No. 09.004 issuing the Labour Code of the Central African Republic (Labour Code of 2009), adopted in January 2009, provide that all forms of slavery or practices similar to slavery affecting young persons under 18 years of age, as well as forced or compulsory labour, including forced or compulsory recruitment for their use in armed conflict, are prohibited throughout the territory of the Central Africa Republic. The Committee further notes that fines and terms of imprisonment are envisaged in the event of violations of this provision (section 393).

However, the Committee notes that, according to more recent information provided by the Secretary-General of the United Nations in his Report of 3 February 2009 on children and armed conflict (S/2009/66, paragraphs 26 to 36), the APRD recently identified 250 children for release and reintegration, but it may well be that the children associated with the APRD are more numerous. In November 2008, 100 children had been identified, most of whom were between the ages of 12 to 17 years, with some cases of children of 9 and 10 years of age. The Secretary-General also reports that many children were abducted and recruited in the south-west of the country following the four attacks by the Lord’s Resistance Army (LRA) in February and March 2008 on villages in the Obo area. A joint mission of the United Nations, the United Nations Peace Building Support Office in the Central African Republic, the Office for the Coordination of Humanitarian Affairs, the Department of Safety and Security and UNICEF found that some of the attackers were reportedly under the age of 15 years. According to 35 adults who had been abducted and were later released by the LRA, the 55 children who were abducted during the attacks are now used as soldiers or for auxiliary tasks, and the girls are used as sexual slaves. The Committee further notes that the Representative of the Secretary-General in his Report on the situation of human rights of internally displaced persons of 17 March 2008 (A/HRC/8/6/Add.1, paragraph 67), indicates that he observed children among the rebels patrolling the territories under their control and that something under 1,000 children are reported to be involved.

The Committee further notes the indication by the Secretary-General that an Amnesty Law was promulgated on 13 October 2008 covering violations committed by Government security and defence forces and rebels between March 2003 and October 2008 (S/2009/66, paragraph 6). The amnesty is subject to conditions, including the cantonment, demobilization and disarmament of fighting forces within 60 days of its promulgation. Considering this short timeframe, which was challenged in particular by the APRD, an incremental approach was adopted early in November 2008, with demobilization activities to begin early in 2009. On 25 October 2008, the Government of the Central African Republic released from detention 12 fighters from the APRD, the UFDR and the FDPC, in accordance with its obligations under the agreement (S/2009/66, paragraph 6).

The Committee accordingly observes that the forced recruitment of children for use in armed conflict still exists in the country and that the situation remains fragile. It once again expresses deep concern at the current situation, particularly since the persistence of this worst form of child labour gives rise to other violations of the rights of the child, such as murders and sexual violence. It once again reminds the Government that, under the terms of Article 1 of the Convention, member States are under the obligation to take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to take immediate and effective measures to bring an end to the practice of the forced recruitment of young persons under 18 years of age by armed groups, particularly in the north-east and north-west of the country. With reference to the Security Council, which in resolution No. 1612 of 26 July 2005 recalls “the responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate measures to secure in practice the protection of young persons under 18 years of age against forced recruitment for their use in armed conflict, and to ensure that investigations are undertaken and grave charges brought against those committing violations, and that sufficiently effective and dissuasive penalties are imposed upon persons found guilty of having used young persons under 18 years of age in armed conflict. It requests the Government to provide information in this respect.

Article 7, paragraph 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, wherever possible and appropriate, to vocational training. Child soldiers. In its previous comments, the Committee noted that, according to information from UNICEF, the Government, the UFDR and UNICEF signed an agreement on 16 June 2007 to reintegrate children connected with armed groups in the north-east of the country. In this respect, it noted that, according to the Report of the Secretary-General of the United Nations of 21 December 2007 on children and armed conflict (A/62/609-S/2007/757, paragraphs 29 to 32), in the context of an agreement signed on 16 June 2007, a first group of approximately 200 children were released. In April and May 2007, over 450 children associated with the UFDR, 75 per cent of whom were boys aged between 13 and 17 years, were demobilized. According to the report, a last group of between 450 and 500 children are reported to have been released and to have returned to their communities since September 2007, although this information has not been verified. With regard to children associated with the APRD and FDPC rebel groups, which are both active in the north-western region, the report indicates that in March and June 2007 the APRD requested assistance from the United Nations Country Team to demobilize child soldiers. An informal dialogue was commenced with the APRD to prevent the recruitment of children and to demobilize and reintegrate those who are in its ranks with a view to their reintegration into society. However, formal negotiations are hampered by the insecurity in the north-western region of the country.

The Committee further noted that, according to the UNICEF Humanitarian Action Report 2008, the conflict has resulted in internal displacements, with over 610,000 suffering from the conflict. The Committee also noted that UNICEF intends to improve access to basic education for 113,000 conflict-affected children through an extensive back-to-school campaign across the country’s northern prefectures. UNICEF also intends to facilitate the reintegration of 1,000 child soldiers into their families and communities.

The Committee notes that, according to the Report of the Secretary-General of the United Nations of 3 February 2009 on children and armed conflict (S/2009/66, paragraph 53), strategic partnerships for the prevention of the recruitment and for the release and reintegration of children in areas controlled by the APRD and the UFDR have recently been concluded with four humanitarian NGOs. This community-based programme envisages support for the release and reintegration of hundreds of children associated with armed groups in the northern areas. Three transit interim care centres are currently being built in the north‑western districts and an emergency site to receive released children is already operational in the north-west. The Committee however notes the indication by the Secretary-General that, while there have been some positive developments regarding the anticipated release of children from the APRD and the UFDR, the deadlock in the peace negotiations and the withdrawal of the major parties to the conflict from the Comprehensive Peace Dialogue in August 2008 stalled the implementation of the commitments to release children. According to the Secretary-General, up to now, relatively few children have actually been released and there may also have been new recruitment.

The Committee therefore once again observes that, despite the Government’s collaboration with UNICEF, the current situation of the country remains a cause of grave concern. The Committee therefore requests the Government to redouble its efforts and to continue its collaboration with UNICEF and other organizations with a view to improving the situation of child victims of forced recruitment who are used in armed conflict. It hopes that the Government will negotiate an end to armed conflict so that all children used in armed conflict are demobilized and reintegrated, particularly in the north-east and north-west of the country. The Committee further asks the Government to provide information on the number of child soldiers removed from armed groups and reintegrated through appropriate assistance for their rehabilitation and social integration, including through care centres. It requests the Government to provide information in this respect in its next report.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. The worst forms of child labour. In its previous comments, the Committee noted the information provided by the Government that the preliminary draft Labour Code, approved by the social partners, prohibits the worst forms of child labour. It also noted that a new Penal Code, also approved, is in the process of being enacted. The Committee notes the Government’s indication that the new Labour Code is in the process of being adopted by the National Assembly. It further notes the Government’s indication that the new Penal Code is still in the process of adoption. The Committee expresses the firm hope that these two new Codes will be adopted as soon as possible and that they will contain provisions which prohibit and penalize: (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children and forced or compulsory labour; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; (c) the use, procuring or offering of a child for illicit activities, in particular, for the production and trafficking of drugs, as defined in the relevant international treaties; and (d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee requests the Government to provide information in this respect and to send copies of both Codes once they have been adopted.

Article 4, paragraph 1. Determination of hazardous types of work. The Committee noted previously that the preliminary draft of the Labour Code determines a list of hazardous types of work and that technological advances have been taken into consideration. It further notes the Government’s indication that the National Network to Combat Child Labour and the National Follow-up Committee on the Convention on the Rights of the Child will hold joint consultations with employers’ and workers’ organizations. The Committee expresses the firm hope that the Labour Code that is to be adopted in the near future will contain provisions determining the hazardous types of work that are prohibited for young persons under 18 years of age. It requests the Government to provide information on any progress achieved in this respect and on the consultations held with employers’ and workers’ organizations for the determination of hazardous types of work.

Article 6. Programmes of action. With reference to its previous comments, the Committee notes the Government’s indication that it envisages implementing a programme of action for the protection of children at work. Once the Labour Code has been adopted and the study to identify and classify child labour is approved, it will take measures to implement the programme of action. The Committee hopes that the Government will be in a position to take the necessary measures in the near future and requests it to provide information on any progress achieved in this respect.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted the Government’s indication that it adopted a Plan of Action on Education for All (PNA-EPT) in 2005, which is intended to increase the school attendance rate, reduce the school drop-out rate and ensure the completion of the full cycle of primary education by all children. It further notes that the Government has adopted awareness-raising measures on school attendance by girls so as to reduce the disparity in the school attendance rates between girls and boys. The Committee notes that the Government’s report does not contain any information in relation to education. However, it notes that, according to UNICEF statistics for 2006, the gross school enrolment rate at the primary level was 44 per cent for boys and 37 per cent for girls, with the figures at the secondary level being 13 per cent for boys and 9 per cent for girls. The Committee further notes that, according to the Education for All Global Monitoring Report 2008, published by UNESCO and entitled Education for All in 2015: Will we make it?, 20 per cent or more of students in primary school have repeated their year and that girls repeat years more than boys.

The Committee expresses concern at the low rate of school enrolment in both primary and secondary education and the fairly high rate of students repeating years, particularly in the case of girls. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, it firmly requests the Government to redouble its efforts to improve the operation of the education system in the country. In this respect, it requests the Government to provide information on the measures adopted in the context of the PNA-EPT for 2005 with a view to increasing the school enrolment rate at both the primary and secondary levels and reducing the rate of repeating school years, with special attention being paid to girls.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking of children and prostitution. The Committee noted previously that, according to the information contained in the report of the United Nations Special Rapporteur on violence against women of February 2003 (E/CN.4/2003/75/Add.1, paragraph 143), children originating from Nigeria, Sudan and Chad are trafficked for use as domestic workers, commercial employees and agricultural workers in the Central African Republic. According to this report, child prostitution also exists in the country. The Committee further noted the Government’s indication that a study on the abuse, sexual exploitation and trafficking of children was carried out in 2005 and that a national action plan to combat the abuse, sexual exploitation and trafficking of children was adopted. The Committee notes that the Government has not provided information on this subject. It therefore once again requests the Government to provide information on the measures taken in the context of the implementation of the national action plan to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking for economic or sexual exploitation or prostitution from these worst forms of child labour and to ensure their rehabilitation and social integration. The Committee further requests the Government to provide information on the results achieved and to supply a copy of the national plan of action to combat the abuse, sexual exploitation and trafficking of children.

Clause (d). Children at special risk. 1. Street children and other vulnerable children. In its previous comments, the Committee noted that a number of children live and work in the streets in the Central African Republic. It noted the information provided by the Government that a Youth Development Programme (DIJE) was tested in the sous-préfecture of Boda and that NGOs have set up centres for the reintegration and rehabilitation of street children and other vulnerable children. The Committee notes that the Government’s report does not contain any information on this matter. It reminds the Government that street children and other vulnerable children are particularly exposed to the worst forms of child labour. The Committee once again requests the Government to provide information on the measures adopted in the context of the DIJE programme in the sous-préfecture of Boda and by the centres for the reintegration and rehabilitation of these children.

2. Child HIV/AIDS orphans. The Committee noted previously that, according to the report on the global aids epidemic published by the Joint United Nations Programme on HIV/AIDS (UNAIDS) in May 2006, the number of children orphaned in the Central African Republic as a result of the virus was around 140,000. It also noted that, according to this report, the Government formulated, in collaboration with UNAIDS, a five-year strategic national framework to combat the virus. The Committee requested the Government to provide information on the specific measures taken in the context of the strategic national framework to protect child HIV/AIDS orphans from being engaged in the worst forms of child labour. The Committee notes that the Government has not provided any information on this subject. However, it notes that, according to the national situation report that the Government submitted to UNAIDS in January 2008, national programmes have been implemented for orphans and vulnerable children. The Committee expresses concern at the high number of child HIV/AIDS orphans in the Central African Republic and observes that the virus has negative consequences on orphans, for whom the risk of being engaged in the worst forms of child labour is increased. It therefore strongly encourages the Government to pursue its efforts and requests it to provide information on the specific measures adopted in the context of the implementation of the national framework strategy to prevent child HIV/AIDS orphans from being engaged in the worst forms of child labour.

Clause (e). Special situation of girls. In its previous comments, the Committee noted that, according to the 2003 study carried out by the Ministry of Economics, Planning and International Cooperation on the situation of children in the country, girls are the majority of the self-employed (57 per cent) and domestic workers (54 per cent), two sectors of economic activity which are not subject to the regulations on child labour, thereby making them vulnerable to exploitation. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the manner in which it intends to give special attention to girls working in these situations.

Article 8. Cooperation. Poverty reduction. The Committee noted previously that, according to the information available to the Office, the Central African Republic, in collaboration with UNDP, has drawn up a Poverty Reduction Strategy Paper. Noting that the Government has not provided information on this subject, it once again recalls that initiatives taken to reduce poverty contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour. The Committee therefore once again requests the Government to provide information on any significant impact of the Poverty Reduction Strategy Paper on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s indication that the study to identify and classify child labour, carried out in collaboration with UNICEF, is in the process of being approved. It also notes the Government’s indication that the new Penal Code has strengthened the penal sanctions relating to the worst forms of child labour. The Committee requests the Government to provide a copy of the study to identify and classify child labour as soon as it is approved, and information on the measures adopted or envisaged as a result of this study to give effect to the provisions of the Convention. It further requests the Government to provide information on the number and nature of the violations reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, the information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. The Committee previously noted the Government’s indication that the Ministry of National Defence is responsible for recruitment to the armed forces of the Central African Republic and that age limits are observed in such recruitment. However, it noted that, according to UNICEF, children are the victims of forced recruitment in the Central African Republic.

The Committee notes that the Secretary-General of the United Nations, in his report of 21 December 2007 on children and armed conflict (A/62/609-S/2007/757, paragraphs 29–32), refers to many cases of the recruitment of children by the rebel group Union des forces démocratiques pour le rassemblement (UFDR), which controls parts of the north-east of the country. During UFDR attacks on the positions of the armed forces of the Central African Republic (FACA) and the French army in Birao in March 2007, former students of the Birao secondary school were identified among the rebels. Many of the children between the ages of 12 and 17 years who participated in these attacks lost their lives. Furthermore, according to the report, a UNICEF mission in June 2007 confirmed that there were approximately 400 to 500 children associated with the rebel groups of the Armée pour la restauration de la République et la démocratie (APRD) and the Front démocratique du peuple centrafricain (FDPC), which were participating in operations in the north-western region. The APRD and the FDPC are increasingly resorting to the forced recruitment of children in their areas of influence. United Nations partners have also reported that between Batangafo and Bokamgaye many young girls are forcibly taken as wives for rebels.

The Committee observes that the forced recruitment of children for use in armed conflict still occurs and that the situation in the country remains fragile. It notes in this respect that the national legislation does not appear to contain provisions prohibiting and penalizing the forced recruitment of young persons under 18 years of age for use in armed conflict. The Committee expresses deep concern at the current situation, particularly since the persistence of this worst form of child labour gives rise to other violations of the rights of the child, such as murder and sexual violence. It reminds the Government that, under the terms of Article 3(a) of the Convention, forced or compulsory recruitment of young persons 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 are under the obligation to take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government as a matter of urgency to adopt legislation prohibiting and penalizing the forced or compulsory recruitment of young persons under 18 years of age for use in armed conflict. It also requests the Government to take immediate and effective measures to bring an end to the practice of forced recruitment of young persons under 18 years of age by armed groups, particularly in the north-east and north-west of the country. With reference to the Security Council which, in resolution No. 1612 of 26 July 2005 recalls “The responsibilities of States to end impunity and to prosecute those responsible for genocide, crimes against humanity, war crimes and other egregious crimes perpetrated against children”, the Committee urges the Government to take immediate measures to ensure that sufficiently effective and dissuasive penalties are imposed on persons found guilty of using young persons under 18 years of age in armed conflict. It requests the Government to provide information in this respect.

Article 7, paragraph 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, wherever possible and appropriate, vocational training. Child soldiers. In its previous comments, the Committee noted that, according to information from UNICEF, the Government, UFDR and UNICEF signed an agreement on 16 June 2007 to reintegrate children connected with armed groups in the north-east of the country. In this respect, it notes that, according to the report of the Secretary-General of the United Nations of 21 December 2007 on children and armed conflict (A/62/609-S/2007/757, paragraphs 29–32), in the context of an agreement signed on 16 June 2007, a first group of approximately 200 children were released. In April and May 2007, over 450 children associated with the UFDR, 75 per cent of whom were boys aged between 13 and 17 years, were demobilized. All these children have since been reintegrated into their families and communities. Some 10 per cent of the children were as young as 10 years old. According to the report, a last group of between 450 and 500 children are reported to have been released and to have returned to their communities since September 2007, although this information has not been verified. With regard to children associated with the APRD and FDPC rebel groups, which are both active in the north-western region, the report indicates that in March and June 2007 the APRD requested assistance from the United Nations country team to demobilize child soldiers. An informal dialogue has been commenced with the APRD to prevent the recruitment of children and to demobilize and reintegrate those that are in its ranks with a view to their reintegration into society. However, formal negotiations are hampered by the insecurity in the north-western region.

The Committee further notes that, according to the “UNICEF Humanitarian Action Report 2008”, the situation of children, particularly in the northern prefectures of the country, remains a matter of concern. The conflict has resulted in internal displacements, with over 610,000 women and children suffering from the conflict. The Committee also notes that UNICEF intends to improve access to basic education for 113,000 conflict-affected children, through an extensive back-to-school campaign across the country’s northern prefectures. UNICEF also intends to facilitate the reintegration of 1,000 child soldiers into their families and communities. The Committee notes the progress achieved in the country, particularly through the Government’s collaboration with UNICEF. However, it observes that the current situation of the country remains a cause of concern. The Committee therefore requests the Government to redouble its efforts and to continue its collaboration with UNICEF and other organizations with a view to improving the situation of child victims of forced recruitment who are used in armed conflict. It also hopes that the Government will negotiate an end to armed conflict so that all children used in armed conflict will be demobilized and reintegrated, particularly in the north-east and north-west of the country. The Committee further asks the Government to adopt time-bound measures to ensure that child soldiers removed from armed groups benefit from appropriate assistance for their rehabilitation and social integration, including their reintegration into the school system or into vocational training, as appropriate. It requests the Government to provide information in this respect.

The Committee is also addressing a direct request to the Government concerning other points.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. The Committee notes the Government’s information that the preliminary draft Labour Code, which was recently approved by the social partners, prohibits the worst forms of child labour and that a new Penal Code has just been approved and is in the process of being promulgated. The Committee hopes that both these new codes will be adopted as soon as possible and will contain provisions which prohibit and penalize: (a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict; (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances; (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined in the relevant international treaties; and (d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee requests the Government to supply information in this respect and to send copies of both codes once they have been adopted. It also asks the Government to supply a copy of Act No. 64/26 of 20 November 1964.

Article 4, paragraphs 1 and 3. Determination and periodic examination of types of hazardous work. Referring to its previous comments, the Committee notes the Government’s information that national law provides for the periodic examination and revision as necessary, in consultation with the employers’ and workers’ organizations concerned, of the list of hazardous types of work. It also notes that the preliminary draft Labour Code determines a list of hazardous types of work and that technological advances have been taken into consideration. The Committee asks the Government to supply information on the consultations with employers’ and workers’ organizations which have taken place in determining hazardous types of work.

Article 6. Programmes of action. Referring to its previous comments, the Committee notes the Government’s information that the child protection policy is in the process of being finalized and adopted. The Committee hopes that the child protection policy will be adopted as soon as possible and that measures will be taken under this policy to draw up and implement programmes of action to eliminate the worst forms of child labour. It requests the Government to supply information in this respect.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and assistance for the removal of children from the worst forms of child labour. 
1. Sexual exploitation of children for commercial purposes. The Committee notes that, according to the February 2003 report of the United Nations Special Rapporteur on violence against women (E/CN.4/2003/75/Add.1, paragraph 143), the trafficking of children originating from Nigeria, Sudan and Chad to be used as domestic workers, commercial employees and agricultural workers exists in the Central African Republic. Moreover, according to this report, child prostitution also exists in the country. The Committee notes the Government’s information that a study on the abuse, sexual exploitation and trafficking of children was carried out in 2005 and that a national action plan to combat the abuse, sexual exploitation and trafficking of children has been adopted. The Committee asks the Government to supply information on the measures taken in the context of the implementation of the national action plan in order to: (a) prevent the engagement of children in the worst forms of child labour; and (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee also asks the Government to supply information on the results obtained and to send a copy of the national action plan.

2. Child soldiers. The Committee notes the Government’s information in its report that the Ministry of National Defence directly handles recruitment for the armed forces of the Central African Republic and that age limits are observed in such recruitment. It notes, however, that, according to information from UNICEF (see the organization’s web site: http://www.unicef.org/), children are the victims of forced recruitment in the Central African Republic. In this respect, the Committee notes that the Government, the Union of Democratic Forces for Unity (UFDR) and UNICEF signed an agreement on 16 June 2007 to reintegrate children connected with armed groups in the north-east of the country. The Committee is concerned at the current situation of children who are still being recruited into armed conflict in the Central African Republic and at the possible consequences of such conflict for them. The Committee requests the Government to adopt time-bound measures to prevent children from being forced to take part in armed conflict. It also requests the Government to supply information on the measures taken under the agreement signed with the UFDR and UNICEF to ensure the rehabilitation and social integration of children who have been removed from armed groups in the north-east of the country.

Clause (c). Access to free basic education for children removed from the worst forms of labour. Referring to its previous comments, the Committee notes the Government’s statement that it has adopted a Plan of Action on education for all (PNA-EPT) in 2005, which should produce an increase in the rate of school attendance, reduce the school drop-out rate and ensure that the full cycle of primary education is completed by all children. It also notes that the Government has adopted measures to raise public awareness of schooling for girls, in order to reduce the disparity in school attendance rates between girls and boys. The Committee asks the Government to supply information on the measures taken under the plan of action to ensure access to free basic education and, wherever possible and appropriate, to vocational training for all children who have been removed from the worst forms of child labour.

Clause (d). Children at special risk. 1. Street children and other vulnerable children. In its previous comments, the Committee noted that a number of children were living and working on the streets in the Central African Republic. The Committee notes the Government’s information in its report that a Youth Development Programme (DIJE) has been tested in the Boda sub-prefecture. It also notes that NGOs have set up centres for the reintegration and rehabilitation of street children and other vulnerable children. Recalling that these children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to continue its efforts to protect them from the worst forms of child labour. It asks the Government to supply information on the measures taken in this respect under the DIJE programme in the Boda sub‑prefecture and by the centres for reintegration and rehabilitation.

2. Children orphaned as a result of HIV/AIDS. The Committee notes that, according to the new report on the global AIDS epidemic published by the Joint United Nations Programme on HIV/AIDS in May 2006, the number of children orphaned in the Central African Republic as a result of the virus is around 140,000. The Committee notes the Government’s indication in its report that it has established a five-year strategic national framework in collaboration with UNAIDS to combat the virus. The Committee observes that HIV/AIDS has negative consequences on orphans, for whom the risk of being engaged in the worst forms of child labour is increased. The Committee requests the Government to supply information on the specific measures taken in the context of the implementation of the strategic national framework to protect children orphaned by HIV/AIDS and prevent them from being engaged in the worst forms of child labour.

Clause (e). Special situation of girls. Referring to its previous comments, the Committee notes that, according to the 2003 study of the Ministry of Economics, Planning and International Cooperation on the situation of children in the country, girls are in the majority in the areas of self-employment (57 per cent) and work as home helps (54 per cent), two sectors of economic activity which are not subject to the regulations on child labour and therefore make them more vulnerable to exploitation. It asks the Government to supply information on the manner in which it intends to give special attention to girls in these situations.

Article 8. Cooperation. 1. Regional and international cooperation. In its previous comments, the Committee requested the Government to supply information on any agreements reached between the Central African Republic and its neighbouring countries, particularly with a view to eliminating trafficking of children. The Committee notes the Government’s information that these agreements have not yet been concluded but efforts are being made to establish them. The Committee also notes that, according to the February 2003 report of the United Nations Special Rapporteur on violence against women (E/CN.4/2003/75/Add.1, paragraph 143), the trafficking of children originating from Nigeria, Sudan and Chad for use as domestic workers, commercial employees and agricultural workers exists in the Central African Republic. The Committee requests the Government to renew its efforts so that these agreements will be concluded as soon as possible. It asks the Government to supply information on all new developments in this respect.

2. Poverty reduction. The Committee notes that, according to the information available to the Office, the Central African Republic has drawn up a Poverty Reduction Strategy Paper in collaboration with the UNDP. Noting that the initiatives taken to reduce poverty contribute towards breaking the circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to supply information on any significant impact of the Poverty Reduction Strategy Paper on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the study undertaken in collaboration with UNICEF on the identification and classification of child labour is complete. The Committee asks the Government to send a copy of the study aimed at identifying and classifying child labour, and also to send information on the measures taken or contemplated further to this study in order to apply the provisions of the Convention. Noting the Government’s indication that information on the manner in which the Convention is applied in practice are not available at the moment, the Committee hopes that, following the adoption of the new Labour Code and the new Penal Code, the Government will be in a position to supply this information.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee had noted the Government’s indications that a national network to combat child labour was established by Order No. 02 of 2 April 1998. It had also noted that, following the ratification of the United Nations Convention on the Rights of the Child on 22 July 1992, a national plan of action for the survival, protection and development of children was adopted on 30 January 1993 by the Government, and that a national commission to follow up the Convention was established in 1993. The Committee also noted the existence of a National Labour Advisory Commission, composed of representatives of the persons responsible for preparing legislation, representatives of workers and employers, experts and a president of the administrative tribunal (section 161 of the Labour Code). This Commission is responsible, among other matters, for examining problems at the national level relating to work, the employment of workers, vocational training, labour mobility and the improvement of the material and moral conditions of workers. It is also responsible for issuing opinions and making proposals on regulations to be adopted in these fields (section 161(2) of the Labour Code). The Committee once again requests the Government to provide information on the functions and achievements of the national network to combat child labour and to provide a copy of Order No. 02 of 2 April 1998. It also requests the Government to provide information on any studies that have been undertaken by the National Labour Advisory Commission relating to the worst forms of child labour. It further requests the Government to indicate whether the national plan of action for the survival, protection and development of children includes actions intended to secure the prohibition and elimination of the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had noted that the Government explained, in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18 of 26 June 2000, paragraph 194), that the Central African Republic is a host country for refugees coming from neighbouring countries that are experiencing social or political unrest or civil wars. However, the Committee had noted that section 212 of the Penal Code (Act No. 64/26 of 20 November 1964) provides that any person who has, by fraud or violence, abducted or caused to be abducted children under 15 years of age or who has led such persons away, diverted them or removed them, or caused them to be led away, diverted or removed from the places to which they were assigned, from the authority or directorate to which they had been submitted or entrusted, shall be liable to a sentence of imprisonment of between five and ten years. It had also noted that, under the terms of Decree No. 73/462 of 13 November 1964 requiring the notification of labour movements and respecting placement, any recruitment or definitive termination of employment shall be notified to the National Labour and Placement Office (or, failing that, the responsible inspector of labour and labour legislation). Such notification must, among other information, indicate the name, first name, age and vocational skills of the employee (section 1 of Decree No. 73/462 of 13 November 1964). However, no notification is required for the employment of occasional workers, hired by the hour or the day for a short-term assignment (not exceeding 48 hours). Every three months, employers are under the obligation to provide a notification to the National Office on the employment situation in their enterprise (section 10 of Decree No. 73/462 of 13 November 1964). Referring to its previous comments, the Committee once again requests the Government to provide a copy of the Penal Code and information on the legal texts prohibiting the sale and trafficking of children under 18 years of age, and the penalties that are applicable.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee had noted that the Government had not provided information on this point in its reports. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee once again requests the Government to indicate the minimum age at which persons may be called up for compulsory military service and to provide a copy of the texts determining the conditions for the recruitment of members of the armed forces.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had noted that section 6(9) of Order No. 006 of 1986 provides that it is prohibited to employ children under 18 years of age in “any work which, even if it does not lie within the scope of penal law, is of a nature to harm their morals”. Furthermore, it had noted the Government’s indication in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18 of 18 November 1999, paragraphs 138 and 139) that Act No. 64/26 of 20 November 1964 provides for the punishment of soliciting and corruption of young persons. According to the same report, section 201 of the Penal Code provides that any person who commits an offence against public morals by habitually inciting, promoting or encouraging the debauchery or corruption of a young person of either sex under 15 years of age shall be punished by imprisonment for one to five years or a fine of between 200,000 and 2,000,000 CFA francs. The Committee had also noted that the Government indicated in 2000, in its replies to the questions raised by the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 28, page 21) that prostitution in the Central African Republic concerns children aged between 12 and 18 years and that these practices are rarely pursued in the country, because no solution has been found to arrest and punish pimps. The Committee had reminded the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution constitutes one of the worst forms of child labour and, as such, must be prohibited for any person under 18 years of age, in accordance with Article 2 of the Convention. The Committee once again requests the Government to provide a copy of the Penal Code and of Act No. 64/26 of 20 November 1964, and to provide information on the application of the provisions of the Penal Code in practice. It also requests the Government to provide information on the measures adopted or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution.

2. Child pornography. The Committee had noted that the Government did not provide any information on child pornography in its reports. Recalling that Article 3(b) of the Convention provides that the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour, it requests once again the Government to provide information on the prohibition and penalties applicable to such acts.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had recalled that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour. The Committee once again requests the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to indicate the applicable legislation and penalties.

Article 4, paragraph 2. Identification of hazardous work. The Committee had recalled that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee once again requests the Government to indicate the measures adopted or envisaged to identify where the types of work so determined exist, after consultation with the organizations of employers and workers concerned.

Article 4, paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee had observed that the lists of types of work contained in Order No. 006 of 21 May 1986 largely repeat those included in Order No. 877 of 22 November 1953. The Committee had also noted that, according to the information provided by the Government in previous reports on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33), and the Minimum Age Convention, 1973 (No. 138), a new Labour Code has been under preparation for a number of years. The Committee once again requests the Government to indicate whether the national legislation provides for the periodic examination and revision, as necessary, in consultation with the organizations of employers and workers concerned, of the list of types of work determined in accordance with Article 4, paragraph 1, and, if so, to provide a copy of the relevant text. It also requests the Government to indicate the progress made in relation to the draft text of the new Labour Code and whether it modifies the list of hazardous types of work in order to take into consideration technological advances.

Article 5. Monitoring mechanisms. The Committee had noted that the labour inspectorate appears to be the central institution for the application of the Convention in so far as it “is responsible for ensuring the enforcement of all provisions of a legislative nature or of regulations relating to conditions of work and the protection of workers while engaged in their occupation” (section 153 of the Labour Code). It had also noted that, under section 157 of the Labour Code, labour inspectors may require the examination of women and children by an approved physician with a view to determining whether the work to which they are assigned exceeds their strength. The Committee once again requests the Government to provide information on the mechanisms established or designated to monitor the implementation of the provisions of the Convention by labour inspectors in cases where the national measures are not derived from the Labour Code, but from the application of penal measures (prostitution, pornography, illicit activities).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had noted that the Government has undertaken, with the financial support of UNICEF, a study to identify and classify child labour. The Committee had noted the Government’s indication that the validation of the report will enable the Government to identify the extent of the problem and determine the legislative measures, regulations and supervisory provisions to be adopted. It also had noted the information provided by the Government in its report to the effect that it envisages carrying out a “project to protect children at work”. The Committee had recalled that, under the terms of Article 6 of the Convention, the Government has to design and implement programmes of action to eliminate as a priority the worst forms of child labour, and that such programmes shall be designed and implemented in consultation with relevant state institutions and employers’ and workers’ organizations. The Committee would be grateful if the Government would provide a copy of the study carried out with the support of UNICEF to identify and classify child labour, as well as information on the measures envisaged and the consultations held with the relevant government institutions and employers’ and workers’ organizations. It also requests the Government to provide information on the implementation of the project to protect working children and its objectives.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had noted the Government’s indications that no measures have yet been taken to secure the prohibition and elimination of the worst forms of child labour, but that the texts to apply the present Convention will be adopted within a reasonable period. The Committee had also noted that certain measures have been taken in the following fields.

Clause (c). Access to free basic education. The Committee had noted that the Government adopted in July 2000 a ten-year national plan for the development of education. According to the information provided by the Government to the Committee on the Rights of the Child in 2000 (CRC/C/3/11/Add.18 of 23 August 2000, reply by the Government to question No. 21), the priority is to develop basic education with a view, in the long term, to achieving education for all. According to the Government’s statements to the Committee on the Rights of the Child, basic education of a duration of six years will be compulsory up to the age of 15 years. Furthermore, a system of initiation to technology adapted to the local environment (that is, inspired by the practice of agriculture, stock-raising and artistic and craftwork) should be established. Despite these measures, the educational system suffers from inadequacies. According to UNICEF, the net enrolment rate in primary school for the period 1994-2000 was 43 per cent. In 2002, the gross primary school enrolment rate was 70 per cent (for both boys and girls combined), with the rate falling to 51 per cent for boys and only 27 per cent for girls. For secondary school, these rates were 15 and 6 per cent, respectively. The Government indicates its intention to increase the proportion of public expenditure devoted to education to 25 per cent by 2005 (CRC/C/3/11/Add.18, 23 August 2000, see reply to question No. 21, page 15), but it admitted in 1998 to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 29) that at the present time, however, “the State lacks the financial resources necessary to provide education free of charge”. There are therefore a number of children who, although subject to compulsory schooling, do not attend school. The Government indicates in its report to the International Bureau of Education that most of the texts issued under Act No. 97.014 of 10 December 1997, setting the priorities for education, are still being prepared and that, as a result, most of the provisions of the Act are still not implemented. The Committee had also noted that, according to the report of the International Bureau of Education-UNESCO, entitled “World Data on Education, 2003”, the value of non-formal education has been acknowledged and its development encouraged. The Committee once again requests the Government to keep it informed of the progress achieved in facilitating the access of children to education and to provide it with information on the functioning of non-formal education, with particular reference to the methods used, the number of children participating and their age.

Clause (d). Children at special risk. In its report to the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 23, page 18), the Central African Ministry of Labour referred to a survey carried out in May 1999, according to which there are 2,629 children living and working in the streets. The Ministry of Labour also indicated that there are not yet any state institutions responsible for removing these children from the street and helping them to integrate, finding them a less hazardous occupation or enabling them to have access to education. The Government indicated that it is considering adopting a policy on the survival, protection and development of children. The Committee had noted that the Government indicated to the Committee on the Rights of the Child (CRC/C/11/Add.18, paragraph 49) that the new Family Code provides that, if the health, safety, morals or education of a child are jeopardized, correctional measures may be applied as an endangered child. The Committee once again requests the Government to provide information on the measures adopted in relation to the policy on the survival, protection and development of children, and on the measures adopted or envisaged to identify and reach out to children at special risk.

Clause (e). The special situation of girls. The Committee had noted the Government’s indications to the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 21, page 15) according to which, in the first place, in improving access to education, priority is given to basic education and the education of girls. It had also noted that the Government refers in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 10(h)) to Order No. 66/26 of 31 March 1966 on the advancement of young girls. The Committee once again requests the Government to provide a copy of this Order and to specify its impact on the elimination of the worst forms of work by girls. It also requests the Government to provide information on the measures adopted and the results achieved in relation to the access of girls to education.

Article 8. Enhanced international cooperation and/or assistance. The Committee had noted the Government’s indications that it has taken steps with a view to establishing a system of cooperation with IPEC for the effective abolition of child labour. It had also noted that cooperation between the Central African Republic and its neighbouring States is facilitated by its ratification of the African Charter on Human and People’s Rights. Furthermore, it had noted that the Central African Republic is a member of the Central African Economic and Monetary Community (CAEMC) and of Interpol, and more precisely of the Central African Police Chiefs Committee. The Committee once again requests the Government to provide information on any agreements concluded between the Central African Republic and neighbouring countries with a view, among other objectives, to eliminating the trafficking of children. It also requests the Government to keep it informed of the mutual assistance provided in giving effect to the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part IV of the report form. The Committee had noted the Government’s indication in its report that there are no official statistics on the worst forms of child labour. However, it had indicated that field surveys which have not been made official show that 98.6 per cent of the children surveyed in the major cities of the country state that they are engaged in an occupational activity. The Committee once again encourages the Government to conduct statistical surveys with a view to evaluating the number of children working, their age and the types of work performed.

Part V of the report form. The Committee once again requests the Government to give a general appreciation of the manner in which the Convention is applied in the Central African Republic, including any practical difficulties encountered in the application of the Convention, and also to provide copies or extracts of official documents, including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and the penal sanctions applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee had noted the Government’s indications that a national network to combat child labour was established by Order No. 02 of 2 April 1998. It had also noted that, following the ratification of the United Nations Convention on the Rights of the Child on 22 July 1992, a national plan of action for the survival, protection and development of children was adopted on 30 January 1993 by the Government, and that a national commission to follow up the Convention was established in 1993. The Committee also noted the existence of a National Labour Advisory Commission, composed of representatives of the persons responsible for preparing legislation, representatives of workers and employers, experts and a president of the administrative tribunal (section 161 of the Labour Code). This Commission is responsible, among other matters, for examining problems at the national level relating to work, the employment of workers, vocational training, labour mobility and the improvement of the material and moral conditions of workers. It is also responsible for issuing opinions and making proposals on regulations to be adopted in these fields (section 161(2) of the Labour Code). The Committee once again requests the Government to provide information on the functions and achievements of the national network to combat child labour and to provide a copy of Order No. 02 of 2 April 1998. It also requests the Government to provide information on any studies that have been undertaken by the National Labour Advisory Commission relating to the worst forms of child labour. It further requests the Government to indicate whether the national plan of action for the survival, protection and development of children includes actions intended to secure the prohibition and elimination of the worst forms of child labour.

Article 2. Definition of the term "child". The Committee had noted the lack of information in the Government’s report on the definition of the term "child". The Committee had noted that the national legislation does not appear to have a single definition of this term. It had also noted the Government’s indication in its 1999 report to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 58), that section 571 of the draft Family Code defines a child as a person of either sex who has not yet reached the age of 18, and that the first section of the Bill on child delinquency defines a child as a human being under 18 years of age. The Committee also noted that section 6 of Order No. 006 of 1986, governing the conditions of employment of young workers, establishes a list of occupational activities or trades which are prohibited for "children under 18 years of age". The Committee once again requests the Government to provide a copy of the Family Code of 11 November 1997 and to indicate whether the Act on child delinquency has been adopted and, if so, to provide a copy.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee had noted that the Government explained, in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18 of 26 June 2000, paragraph 194), that the Central African Republic is a host country for refugees coming from neighbouring countries that are experiencing social or political unrest or civil wars. However, the Committee had noted that section 212 of the Penal Code (Act No. 64/26 of 20 November 1964) provides that any person who has, by fraud or violence, abducted or caused to be abducted children under 15 years of age or who has led such persons away, diverted them or removed them, or caused them to be led away, diverted or removed from the places to which they were assigned, from the authority or directorate to which they had been submitted or entrusted, shall be liable to a sentence of imprisonment of between five and ten years. It had also noted that, under the terms of Decree No. 73/462 of 13 November 1964 requiring the notification of labour movements and respecting placement, any recruitment or definitive termination of employment shall be notified to the National Labour and Placement Office (or, failing that, the responsible inspector of labour and labour legislation). Such notification must, among other information, indicate the name, first name, age and vocational skills of the employee (section 1 of Decree No. 73/462 of 13 November 1964). However, no notification is required for the employment of occasional workers, hired by the hour or the day for a short-term assignment (not exceeding 48 hours). Every three months, employers are under the obligation to provide a notification to the National Office on the employment situation in their enterprise (section 10 of Decree No. 73/462 of 13 November 1964). Referring to its previous comments, the Committee once again requests the Government to provide a copy of the Penal Code and information on the legal texts prohibiting the sale and trafficking of children under 18 years of age, and the penalties that are applicable.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee had noted that the Government had not provided information on this point in its reports. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee once again requests the Government to indicate the minimum age at which persons may be called up for compulsory military service and to provide a copy of the texts determining the conditions for the recruitment of members of the armed forces.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee had noted that section 6(9) of Order No. 006 of 1986 provides that it is prohibited to employ children under 18 years of age in "any work which, even if it does not lie within the scope of penal law, is of a nature to harm their morals". Furthermore, it had noted the Government’s indication in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18 of 18 November 1999, paragraphs 138 and 139) that Act No. 64/26 of 20 November 1964 provides for the punishment of soliciting and corruption of young persons. According to the same report, section 201 of the Penal Code provides that any person who commits an offence against public morals by habitually inciting, promoting or encouraging the debauchery or corruption of a young person of either sex under 15 years of age shall be punished by imprisonment for one to five years or a fine of between 200,000 and 2,000,000 CFA francs. The Committee had also noted that the Government indicated in 2000, in its replies to the questions raised by the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 28, page 21) that prostitution in the Central African Republic concerns children aged between 12 and 18 years and that these practices are rarely pursued in the country, because no solution has been found to arrest and punish pimps. The Committee had reminded the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution constitutes one of the worst forms of child labour and, as such, must be prohibited for any person under 18 years of age, in accordance with Article 2 of the Convention. The Committee once again requests the Government to provide a copy of the Penal Code and of Act No. 64/26 of 20 November 1964, and to provide information on the application of the provisions of the Penal Code in practice. It also requests the Government to provide information on the measures adopted or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution.

2. Child pornography. The Committee had noted that the Government did not provide any information on child pornography in its reports. Recalling that Article 3(b) of the Convention provides that the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour, it requests once again the Government to provide information on the prohibition and penalties applicable to such acts.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee had recalled that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour. The Committee once again requests the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to indicate the applicable legislation and penalties.

Articles 3 (d) and 4. Hazardous work. The Committee had noted that, in accordance with section 125(2) of the Labour Code, the types of hazardous work prohibited for young persons under 18 years of age are enumerated in sections 6, 10 and 11 of Order No. 006 of 21 May 1986. The Committee had reminded the Government that Article 4, paragraph 1, of the Convention provides that the types of work referred to under Article 3(d) of the Convention shall be determined taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee therefore once again requests the Government to indicate when determining the types of hazardous work prohibited for young persons under 18 years of age consideration was given to the relevant international standards, especially Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Article 4, paragraph 2. Identification of hazardous work. The Committee had recalled that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee once again requests the Government to indicate the measures adopted or envisaged to identify where the types of work so determined exist, after consultation with the organizations of employers and workers concerned.

Article 4, paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee had observed that the lists of types of work contained in Order No. 006 of 21 May 1986 largely repeat those included in Order No. 877 of 22 November 1953. The Committee had also noted that, according to the information provided by the Government in previous reports on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33), and the Minimum Age Convention, 1973 (No. 138), a new Labour Code has been under preparation for a number of years. The Committee once again requests the Government to indicate whether the national legislation provides for the periodic examination and revision, as necessary, in consultation with the organizations of employers and workers concerned, of the list of types of work determined in accordance with Article 4, paragraph 1, and, if so, to provide a copy of the relevant text. It also requests the Government to indicate the progress made in relation to the draft text of the new Labour Code and whether it modifies the list of hazardous types of work in order to take into consideration technological advances.

Article 5. Monitoring mechanisms. The Committee had noted that the labour inspectorate appears to be the central institution for the application of the Convention in so far as it "is responsible for ensuring the enforcement of all provisions of a legislative nature or of regulations relating to conditions of work and the protection of workers while engaged in their occupation" (section 153 of the Labour Code). It had also noted that, under section 157 of the Labour Code, labour inspectors may require the examination of women and children by an approved physician with a view to determining whether the work to which they are assigned exceeds their strength. The Committee once again requests the Government to provide information on the mechanisms established or designated to monitor the implementation of the provisions of the Convention by labour inspectors in cases where the national measures are not derived from the Labour Code, but from the application of penal measures (prostitution, pornography, illicit activities).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had noted that the Government has undertaken, with the financial support of UNICEF, a study to identify and classify child labour. The Committee had noted the Government’s indication that the validation of the report will enable the Government to identify the extent of the problem and determine the legislative measures, regulations and supervisory provisions to be adopted. It also had noted the information provided by the Government in its report to the effect that it envisages carrying out a "project to protect children at work". The Committee had recalled that, under the terms of Article 6 of the Convention, the Government has to design and implement programmes of action to eliminate as a priority the worst forms of child labour, and that such programmes shall be designed and implemented in consultation with relevant state institutions and employers’ and workers’ organizations. The Committee would be grateful if the Government would provide a copy of the study carried out with the support of UNICEF to identify and classify child labour, as well as information on the measures envisaged and the consultations held with the relevant government institutions and employers’ and workers’ organizations. It also requests the Government to provide information on the implementation of the project to protect working children and its objectives.

Article 7, paragraph 1. Penalties. The Committee had noted the Government’s indication in its report that it has not taken any measures to ensure the prohibition and elimination of the worst forms of child labour, but that the texts applying the present Convention will be adopted within a reasonable period. However, the Committee had noted that a fine of between 5,000 and 50,000 CFA francs and/or a sentence of imprisonment of between six days and three months (section 228(a) of the Labour Code) is applied to persons violating the provisions on forced labour (prohibited by section 4 of the Labour Code). These penalties are also to be imposed on any person who, by means of violence, threats, deception, fraud or promises, forces or attempts to force a worker to be employed against her or his will. Furthermore, it had noted that section 222 of the Labour Code establishes penalties for violations of the provisions of Order No. 006 of 1986, determining the conditions of employment of young workers, and of Order No. 49 of 1969 respecting the conditions of employment of domestic workers. It also had noted that section 230 of the Labour Code establishes penalties applicable to any person who prevents or endeavours to prevent the discharge of the obligations and the exercise of the powers of labour inspectors and supervisors or persons acting on behalf of labour and social security inspectors. It had also noted that there appear to be penal provisions for the abduction, diversion or removal of children (section 212 of the Penal Code), offences against public morals by inciting, facilitating or encouraging the debauchery or corruption of a young person (section 201 of the Penal Code). Noting the absence of any reference to these sanctions by the Government, the Committee once again requests it to provide information on the application of sanctions in practice and to provide a copy of the Penal Code and the Code of Penal Procedure.

Paragraph 2. Effective and time-bound measures. The Committee had noted the Government’s indications that no measures have yet been taken to secure the prohibition and elimination of the worst forms of child labour, but that the texts to apply the present Convention will be adopted within a reasonable period. The Committee had also noted that certain measures have been taken in the following fields.

Clause (c). Access to free basic education. The Committee had noted that the Government adopted in July 2000 a ten-year national plan for the development of education. According to the information provided by the Government to the Committee on the Rights of the Child in 2000 (CRC/C/3/11/Add.18 of 23 August 2000, reply by the Government to question No. 21), the priority is to develop basic education with a view, in the long term, to achieving education for all. According to the Government’s statements to the Committee on the Rights of the Child, basic education of a duration of six years will be compulsory up to the age of 15 years. Furthermore, a system of initiation to technology adapted to the local environment (that is, inspired by the practice of agriculture, stock-raising and artistic and craftwork) should be established. Despite these measures, the educational system suffers from inadequacies. According to UNICEF, the net enrolment rate in primary school for the period 1994-2000 was 43 per cent. In 2002, the gross primary school enrolment rate was 70 per cent (for both boys and girls combined), with the rate falling to 51 per cent for boys and only 27 per cent for girls. For secondary school, these rates were 15 and 6 per cent, respectively. The Government indicates its intention to increase the proportion of public expenditure devoted to education to 25 per cent by 2005 (CRC/C/3/11/Add.18, 23 August 2000, see reply to question No. 21, page 15), but it admitted in 1998 to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 29) that at the present time, however, "the State lacks the financial resources necessary to provide education free of charge". There are therefore a number of children who, although subject to compulsory schooling, do not attend school. The Government indicates in its report to the International Bureau of Education that most of the texts issued under Act No. 97.014 of 10 December 1997, setting the priorities for education, are still being prepared and that, as a result, most of the provisions of the Act are still not implemented. The Committee had also noted that, according to the report of the International Bureau of Education-UNESCO, entitled "World Data on Education, 2003", the value of non-formal education has been acknowledged and its development encouraged. The Committee once again requests the Government to keep it informed of the progress achieved in facilitating the access of children to education and to provide it with information on the functioning of non-formal education, with particular reference to the methods used, the number of children participating and their age.

Clause (d). Children at special risk. In its report to the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 23, page 18), the Central African Ministry of Labour referred to a survey carried out in May 1999, according to which there are 2,629 children living and working in the streets. The Ministry of Labour also indicated that there are not yet any state institutions responsible for removing these children from the street and helping them to integrate, finding them a less hazardous occupation or enabling them to have access to education. The Government indicated that it is considering adopting a policy on the survival, protection and development of children. The Committee had noted that the Government indicated to the Committee on the Rights of the Child (CRC/C/11/Add.18, paragraph 49) that the new Family Code provides that, if the health, safety, morals or education of a child are jeopardized, correctional measures may be applied as an endangered child. The Committee once again requests the Government to provide information on the measures adopted in relation to the policy on the survival, protection and development of children, and on the measures adopted or envisaged to identify and reach out to children at special risk.

Clause (e). The special situation of girls. The Committee had noted the Government’s indications to the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 21, page 15) according to which, in the first place, in improving access to education, priority is given to basic education and the education of girls. It had also noted that the Government refers in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 10(h)) to Order No. 66/26 of 31 March 1966 on the advancement of young girls. The Committee once again requests the Government to provide a copy of this Order and to specify its impact on the elimination of the worst forms of work by girls. It also requests the Government to provide information on the measures adopted and the results achieved in relation to the access of girls to education.

Article 8. Enhanced international cooperation and/or assistance. The Committee had noted the Government’s indications that it has taken steps with a view to establishing a system of cooperation with IPEC for the effective abolition of child labour. It had also noted that cooperation between the Central African Republic and its neighbouring States is facilitated by its ratification of the African Charter on Human and People’s Rights. Furthermore, it had noted that the Central African Republic is a member of the Central African Economic and Monetary Community (CAEMC) and of Interpol, and more precisely of the Central African Police Chiefs Committee. The Committee once again requests the Government to provide information on any agreements concluded between the Central African Republic and neighbouring countries with a view, among other objectives, to eliminating the trafficking of children. It also requests the Government to keep it informed of the mutual assistance provided in giving effect to the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part IV of the report form. The Committee had noted the Government’s indication in its report that there are no official statistics on the worst forms of child labour. However, it had indicated that field surveys which have not been made official show that 98.6 per cent of the children surveyed in the major cities of the country state that they are engaged in an occupational activity. The Committee once again encourages the Government to conduct statistical surveys with a view to evaluating the number of children working, their age and the types of work performed.

Part V of the report form. The Committee once again requests the Government to give a general appreciation of the manner in which the Convention is applied in the Central African Republic, including any practical difficulties encountered in the application of the Convention, and also to provide copies or extracts of official documents, including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and the penal sanctions applied.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee had noted the Government’s indications that a national network to combat child labour was established by Order No. 02 of 2 April 1998. It had also noted that, following the ratification of the United Nations Convention on the Rights of the Child on 22 July 1992, a national plan of action for the survival, protection and development of children was adopted on 30 January 1993 by the Government, and that a national commission to follow up the Convention was established in 1993. The Committee also noted the existence of a National Labour Advisory Commission, composed of representatives of the persons responsible for preparing legislation, representatives of workers and employers, experts and a president of the administrative tribunal (section 161 of the Labour Code). This Commission is responsible, among other matters, for examining problems at the national level relating to work, the employment of workers, vocational training, labour mobility and the improvement of the material and moral conditions of workers. It is also responsible for issuing opinions and making proposals on regulations to be adopted in these fields (section 161(2) of the Labour Code). The Committee once again requests the Government to provide information on the functions and achievements of the national network to combat child labour and to provide a copy of Order No. 02 of 2 April 1998. It also requests the Government to provide information on any studies that have been undertaken by the National Labour Advisory Commission relating to the worst forms of child labour. It further requests the Government to indicate whether the national plan of action for the survival, protection and development of children includes actions intended to secure the prohibition and elimination of the worst forms of child labour.

Article 2. Definition of the term "child". The Committee had noted the lack of information in the Government’s report on the definition of the term "child". The Committee had noted that the national legislation does not appear to have a single definition of this term. It had also noted the Government’s indication in its 1999 report to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 58), that section 571 of the draft Family Code defines a child as a person of either sex who has not yet reached the age of 18, and that the first section of the Bill on child delinquency defines a child as a human being under 18 years of age. The Committee also noted that section 6 of Order No. 006 of 1986, governing the conditions of employment of young workers, establishes a list of occupational activities or trades which are prohibited for "children under 18 years of age". The Committee once again requests the Government to provide a copy of the Family Code of 11 November 1997 and to indicate whether the Act on child delinquency has been adopted and, if so, to provide a copy.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee had noted that the Government explained, in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18 of 26 June 2000, paragraph 194), that the Central African Republic is a host country for refugees coming from neighbouring countries that are experiencing social or political unrest or civil wars. However, the Committee had noted that section 212 of the Penal Code (Act No. 64/26 of 20 November 1964) provides that any person who has, by fraud or violence, abducted or caused to be abducted children under 15 years of age or who has led such persons away, diverted them or removed them, or caused them to be led away, diverted or removed from the places to which they were assigned, from the authority or directorate to which they had been submitted or entrusted, shall be liable to a sentence of imprisonment of between five and ten years. It had also noted that, under the terms of Decree No. 73/462 of 13 November 1964 requiring the notification of labour movements and respecting placement, any recruitment or definitive termination of employment shall be notified to the National Labour and Placement Office (or, failing that, the responsible inspector of labour and labour legislation). Such notification must, among other information, indicate the name, first name, age and vocational skills of the employee (section 1 of Decree No. 73/462 of 13 November 1964). However, no notification is required for the employment of occasional workers, hired by the hour or the day for a short-term assignment (not exceeding 48 hours). Every three months, employers are under the obligation to provide a notification to the National Office on the employment situation in their enterprise (section 10 of Decree No. 73/462 of 13 November 1964). Referring to its previous comments, the Committee once again requests the Government to provide a copy of the Penal Code and information on the legal texts prohibiting the sale and trafficking of children under 18 years of age, and the penalties that are applicable.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee had noted that the Government had not provided information on this point in its reports. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee once again requests the Government to indicate the minimum age at which persons may be called up for compulsory military service and to provide a copy of the texts determining the conditions for the recruitment of members of the armed forces.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee had noted that section 6(9) of Order No. 006 of 1986 provides that it is prohibited to employ children under 18 years of age in "any work which, even if it does not lie within the scope of penal law, is of a nature to harm their morals". Furthermore, it had noted the Government’s indication in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18 of 18 November 1999, paragraphs 138 and 139) that Act No. 64/26 of 20 November 1964 provides for the punishment of soliciting and corruption of young persons. According to the same report, section 201 of the Penal Code provides that any person who commits an offence against public morals by habitually inciting, promoting or encouraging the debauchery or corruption of a young person of either sex under 15 years of age shall be punished by imprisonment for one to five years or a fine of between 200,000 and 2,000,000 CFA francs. The Committee had also noted that the Government indicated in 2000, in its replies to the questions raised by the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 28, page 21) that prostitution in the Central African Republic concerns children aged between 12 and 18 years and that these practices are rarely pursued in the country, because no solution has been found to arrest and punish pimps. The Committee had reminded the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution constitutes one of the worst forms of child labour and, as such, must be prohibited for any person under 18 years of age, in accordance with Article 2 of the Convention. The Committee once again requests the Government to provide a copy of the Penal Code and of Act No. 64/26 of 20 November 1964, and to provide information on the application of the provisions of the Penal Code in practice. It also requests the Government to provide information on the measures adopted or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution.

2. Child pornography. The Committee had noted that the Government did not provide any information on child pornography in its reports. Recalling that Article 3(b) of the Convention provides that the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour, it requests once again the Government to provide information on the prohibition and penalties applicable to such acts.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee had recalled that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour. The Committee once again requests the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to indicate the applicable legislation and penalties.

Clause (d) and Article 4. Hazardous work. The Committee had noted that, in accordance with section 125(2) of the Labour Code, the types of hazardous work prohibited for young persons under 18 years of age are enumerated in sections 6, 10 and 11 of Order No. 006 of 21 May 1986. The Committee had reminded the Government that Article 4, paragraph 1, of the Convention provides that the types of work referred to under Article 3(d) of the Convention shall be determined taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee therefore once again requests the Government to indicate when determining the types of hazardous work prohibited for young persons under 18 years of age consideration was given to the relevant international standards, especially Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Article 4, paragraph 2. Identification of hazardous work. The Committee had recalled that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee once again requests the Government to indicate the measures adopted or envisaged to identify where the types of work so determined exist, after consultation with the organizations of employers and workers concerned.

Article 4, paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee had observed that the lists of types of work contained in Order No. 006 of 21 May 1986 largely repeat those included in Order No. 877 of 22 November 1953. The Committee had also noted that, according to the information provided by the Government in previous reports on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33), and the Minimum Age Convention, 1973 (No. 138), a new Labour Code has been under preparation for a number of years. The Committee once again requests the Government to indicate whether the national legislation provides for the periodic examination and revision, as necessary, in consultation with the organizations of employers and workers concerned, of the list of types of work determined in accordance with Article 4, paragraph 1, and, if so, to provide a copy of the relevant text. It also requests the Government to indicate the progress made in relation to the draft text of the new Labour Code and whether it modifies the list of hazardous types of work in order to take into consideration technological advances.

Article 5. Monitoring mechanisms. The Committee had noted that the labour inspectorate appears to be the central institution for the application of the Convention in so far as it "is responsible for ensuring the enforcement of all provisions of a legislative nature or of regulations relating to conditions of work and the protection of workers while engaged in their occupation" (section 153 of the Labour Code). It had also noted that, under section 157 of the Labour Code, labour inspectors may require the examination of women and children by an approved physician with a view to determining whether the work to which they are assigned exceeds their strength. The Committee once again requests the Government to provide information on the mechanisms established or designated to monitor the implementation of the provisions of the Convention by labour inspectors in cases where the national measures are not derived from the Labour Code, but from the application of penal measures (prostitution, pornography, illicit activities).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had noted that the Government has undertaken, with the financial support of UNICEF, a study to identify and classify child labour. The Committee had noted the Government’s indication that the validation of the report will enable the Government to identify the extent of the problem and determine the legislative measures, regulations and supervisory provisions to be adopted. It also had noted the information provided by the Government in its report to the effect that it envisages carrying out a "project to protect children at work". The Committee had recalled that, under the terms of Article 6 of the Convention, the Government has to design and implement programmes of action to eliminate as a priority the worst forms of child labour, and that such programmes shall be designed and implemented in consultation with relevant state institutions and employers’ and workers’ organizations. The Committee would be grateful if the Government would provide a copy of the study carried out with the support of UNICEF to identify and classify child labour, as well as information on the measures envisaged and the consultations held with the relevant government institutions and employers’ and workers’ organizations. It also requests the Government to provide information on the implementation of the project to protect working children and its objectives.

Article 7, paragraph 1. Penalties. The Committee had noted the Government’s indication in its report that it has not taken any measures to ensure the prohibition and elimination of the worst forms of child labour, but that the texts applying the present Convention will be adopted within a reasonable period. However, the Committee had noted that a fine of between 5,000 and 50,000 CFA francs and/or a sentence of imprisonment of between six days and three months (section 228(a) of the Labour Code) is applied to persons violating the provisions on forced labour (prohibited by section 4 of the Labour Code). These penalties are also to be imposed on any person who, by means of violence, threats, deception, fraud or promises, forces or attempts to force a worker to be employed against her or his will. Furthermore, it had noted that section 222 of the Labour Code establishes penalties for violations of the provisions of Order No. 006 of 1986, determining the conditions of employment of young workers, and of Order No. 49 of 1969 respecting the conditions of employment of domestic workers. It also had noted that section 230 of the Labour Code establishes penalties applicable to any person who prevents or endeavours to prevent the discharge of the obligations and the exercise of the powers of labour inspectors and supervisors or persons acting on behalf of labour and social security inspectors. It had also noted that there appear to be penal provisions for the abduction, diversion or removal of children (section 212 of the Penal Code), offences against public morals by inciting, facilitating or encouraging the debauchery or corruption of a young person (section 201 of the Penal Code). Noting the absence of any reference to these sanctions by the Government, the Committee once again requests it to provide information on the application of sanctions in practice and to provide a copy of the Penal Code and the Code of Penal Procedure.

Paragraph 2. Effective and time-bound measures. The Committee had noted the Government’s indications that no measures have yet been taken to secure the prohibition and elimination of the worst forms of child labour, but that the texts to apply the present Convention will be adopted within a reasonable period. The Committee had also noted that certain measures have been taken in the following fields.

Clause (c). Access to free basic education. The Committee had noted that the Government adopted in July 2000 a ten-year national plan for the development of education. According to the information provided by the Government to the Committee on the Rights of the Child in 2000 (CRC/C/3/11/Add.18 of 23 August 2000, reply by the Government to question No. 21), the priority is to develop basic education with a view, in the long term, to achieving education for all. According to the Government’s statements to the Committee on the Rights of the Child, basic education of a duration of six years will be compulsory up to the age of 15 years. Furthermore, a system of initiation to technology adapted to the local environment (that is, inspired by the practice of agriculture, stock-raising and artistic and craftwork) should be established. Despite these measures, the educational system suffers from inadequacies. According to UNICEF, the net enrolment rate in primary school for the period 1994-2000 was 43 per cent. In 2002, the gross primary school enrolment rate was 70 per cent (for both boys and girls combined), with the rate falling to 51 per cent for boys and only 27 per cent for girls. For secondary school, these rates were 15 and 6 per cent, respectively. The Government indicates its intention to increase the proportion of public expenditure devoted to education to 25 per cent by 2005 (CRC/C/3/11/Add.18, 23 August 2000, see reply to question No. 21, page 15), but it admitted in 1998 to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 29) that at the present time, however, "the State lacks the financial resources necessary to provide education free of charge". There are therefore a number of children who, although subject to compulsory schooling, do not attend school. The Government indicates in its report to the International Bureau of Education that most of the texts issued under Act No. 97.014 of 10 December 1997, setting the priorities for education, are still being prepared and that, as a result, most of the provisions of the Act are still not implemented. The Committee had also noted that, according to the report of the International Bureau of Education-UNESCO, entitled "World Data on Education, 2003", the value of non-formal education has been acknowledged and its development encouraged. The Committee once again requests the Government to keep it informed of the progress achieved in facilitating the access of children to education and to provide it with information on the functioning of non-formal education, with particular reference to the methods used, the number of children participating and their age.

Clause (d). Children at special risk. In its report to the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 23, page 18), the Central African Ministry of Labour referred to a survey carried out in May 1999, according to which there are 2,629 children living and working in the streets. The Ministry of Labour also indicated that there are not yet any state institutions responsible for removing these children from the street and helping them to integrate, finding them a less hazardous occupation or enabling them to have access to education. The Government indicated that it is considering adopting a policy on the survival, protection and development of children. The Committee had noted that the Government indicated to the Committee on the Rights of the Child (CRC/C/11/Add.18, paragraph 49) that the new Family Code provides that, if the health, safety, morals or education of a child are jeopardized, correctional measures may be applied as an endangered child. The Committee once again requests the Government to provide information on the measures adopted in relation to the policy on the survival, protection and development of children, and on the measures adopted or envisaged to identify and reach out to children at special risk.

Clause (e). The special situation of girls. The Committee had noted the Government’s indications to the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 21, page 15) according to which, in the first place, in improving access to education, priority is given to basic education and the education of girls. It had also noted that the Government refers in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 10(h)) to Order No. 66/26 of 31 March 1966 on the advancement of young girls. The Committee once again requests the Government to provide a copy of this Order and to specify its impact on the elimination of the worst forms of work by girls. It also requests the Government to provide information on the measures adopted and the results achieved in relation to the access of girls to education.

Article 8. Enhanced international cooperation and/or assistance. The Committee had noted the Government’s indications that it has taken steps with a view to establishing a system of cooperation with IPEC for the effective abolition of child labour. It had also noted that cooperation between the Central African Republic and its neighbouring States is facilitated by its ratification of the African Charter on Human and People’s Rights. Furthermore, it had noted that the Central African Republic is a member of the Central African Economic and Monetary Community (CAEMC) and of Interpol, and more precisely of the Central African Police Chiefs Committee. The Committee once again requests the Government to provide information on any agreements concluded between the Central African Republic and neighbouring countries with a view, among other objectives, to eliminating the trafficking of children. It also requests the Government to keep it informed of the mutual assistance provided in giving effect to the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part IV of the report form. The Committee had noted the Government’s indication in its report that there are no official statistics on the worst forms of child labour. However, it had indicated that field surveys which have not been made official show that 98.6 per cent of the children surveyed in the major cities of the country state that they are engaged in an occupational activity. The Committee once again encourages the Government to conduct statistical surveys with a view to evaluating the number of children working, their age and the types of work performed.

Part V of the report form. The Committee once again requests the Government to give a general appreciation of the manner in which the Convention is applied in the Central African Republic, including any practical difficulties encountered in the application of the Convention, and also to provide copies or extracts of official documents, including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and the penal sanctions applied.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s first and second reports. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indications that a national network to combat child labour was established by Order No. 02 of 2 April 1998. It also notes that, following the ratification of the United Nations Convention on the Rights of the Child on 22 July 1992, a national plan of action for the survival, protection and development of children was adopted on 30 January 1993 by the Government, and that a national commission to follow up the Convention was established in 1993. The Committee also notes the existence of a National Labour Advisory Commission, composed of representatives of the persons responsible for preparing legislation, representatives of workers and employers, experts and a president of the administrative tribunal (section 161 of the Labour Code). This Commission is responsible, among other matters, for examining problems at the national level relating to work, the employment of workers, vocational training, labour mobility and the improvement of the material and moral conditions of workers. It is also responsible for issuing opinions and making proposals on regulations to be adopted in these fields (section 161(2) of the Labour Code). The Committee requests the Government to provide information on the functions and achievements of the national network to combat child labour and to provide a copy of Order No. 02 of 2 April 1998. It also requests the Government to provide information on any studies that have been undertaken by the National Labour Advisory Commission relating to the worst forms of child labour. It further requests the Government to indicate whether the national plan of action for the survival, protection and development of children includes actions intended to secure the prohibition and elimination of the worst forms of child labour.

Article 2. Definition of the term "child". The Committee notes the lack of information in the Government’s report on the definition of the term "child". The Committee notes that the national legislation does not appear to have a single definition of this term. It also notes the Government’s indication in its 1999 report to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 58), that section 571 of the draft Family Code defines a child as a person of either sex who has not yet reached the age of 18, and that the first section of the Bill on child delinquency defines a child as a human being under 18 years of age. The Committee also notes that section 6 of Order No. 006 of 1986, governing the conditions of employment of young workers, establishes a list of occupational activities or trades which are prohibited for "children under 18 years of age". The Committee requests the Government to provide a copy of the Family Code of 11 November 1997 and to indicate whether the Act on child delinquency has been adopted and, if so, to provide a copy.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that the Government explained, in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18 of 26 June 2000, paragraph 194), that the Central African Republic is a host country for refugees coming from neighbouring countries that are experiencing social or political unrest or civil wars. However, the Committee notes that section 212 of the Penal Code (Act No. 64/26 of 20 November 1964) provides that any person who has, by fraud or violence, abducted or caused to be abducted children under 15 years of age or who has led such persons away, diverted them or removed them, or caused them to be led away, diverted or removed from the places to which they were assigned, from the authority or directorate to which they had been submitted or entrusted, shall be liable to a sentence of imprisonment of between five and ten years. It also notes that, under the terms of Decree No. 73/462 of 13 November 1964 requiring the notification of labour movements and respecting placement, any recruitment or definitive termination of employment shall be notified to the National Labour and Placement Office (or, failing that, the responsible inspector of labour and labour legislation). Such notification must, among other information, indicate the name, first name, age and vocational skills of the employee (section 1 of Decree No. 73/462 of 13 November 1964). However, no notification is required for the employment of occasional workers, hired by the hour or the day for a short-term assignment (not exceeding 48 hours). Every three months, employers are under the obligation to provide a notification to the National Office on the employment situation in their enterprise (section 10 of Decree No. 73/462 of 13 November 1964). The Committee requests the Government to provide a copy of the Penal Code and information on the legal texts prohibiting the sale and trafficking of children under 18 years of age, and the penalties that are applicable.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that the Government has not provided information on this point in its reports. Recalling that under the terms of Article 3(a) of the Convention, the forced or compulsory recruitment of children for use in armed conflict constitutes one of the worst forms of child labour, the Committee requests the Government to indicate the minimum age at which persons may be called up for compulsory military service and to provide a copy of the texts determining the conditions for the recruitment of members of the armed forces.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that the Government has not provided any information on this subject in its reports. However, it notes that section 6(9) of Order No. 006 of 1986 provides that it is prohibited to employ children under 18 years of age in "any work which, even if it does not lie within the scope of penal law, is of a nature to harm their morals". Furthermore, it notes the Government’s indication in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18 of 18 November 1999, paragraphs 138 and 139) that Act No. 64/26 of 20 November 1964 provides for the punishment of soliciting and corruption of young persons. According to the same report, section 201 of the Penal Code provides that any person who commits an offence against public morals by habitually inciting, promoting or encouraging the debauchery or corruption of a young person of either sex under 15 years of age shall be punished by imprisonment for one to five years or a fine of between 200,000 and 2,000,000 CFA francs. The Committee also notes that the Government indicated in 2000, in its replies to the questions raised by the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 28, page 21) that prostitution in the Central African Republic concerns children aged between 12 and 18 years and that these practices are rarely pursued in the country, because no solution has been found to arrest and punish pimps. The Committee reminds the Government that, under the terms of Article 3(b) of the Convention, the use, procuring or offering of a child for prostitution constitutes one of the worst forms of child labour and, as such, must be prohibited for any person under 18 years of age, in accordance with Article 2 of the Convention. The Committee requests the Government to provide a copy of the Penal Code and of Act No. 64/26 of 20 November 1964, and to provide information on the application of the provisions of the Penal Code in practice. It also requests the Government to provide information on the measures adopted or envisaged to prevent the use, procuring or offering of children under 18 years of age for prostitution.

2. Child pornography. The Committee notes that the Government does not provide any information on child pornography in its reports. Recalling that Article 3(b) of the Convention provides that the use, procuring or offering of a child for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour, it requests the Government to provide information on the prohibition and penalties applicable to such acts.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes that the Government has not provided any information on this point in its reports. The Committee recalls that Article 3(c) of the Convention provides that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, constitutes one of the worst forms of child labour. The Committee therefore requests the Government to indicate whether the use of a child for illicit activities is prohibited and, if so, to indicate the applicable legislation and penalties.

Clause (d) and Article 4. Hazardous work. The Committee notes that, in accordance with section 125(2) of the Labour Code, the types of hazardous work prohibited for young persons under 18 years of age are enumerated in sections 6, 10 and 11 of Order No. 006 of 21 May 1986. The Committee reminds the Government that Article 4, paragraph 1, of the Convention provides that the types of work referred to under Article 3(d) of the Convention shall be determined taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee therefore requests the Government to indicate when determining the types of hazardous work prohibited for young persons under 18 years of age consideration was given to the relevant international standards, especially Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Article 4, paragraph 2. Identification of hazardous work. The Committee notes that the Government’s report does not provide any information on the measures taken to identify where the types of work exist which are, by their nature or the circumstances in which they are carried out, likely to harm the health, safety or morals of children. The Committee recalls that Article 4, paragraph 2, of the Convention provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the hazardous types of work so determined exist. The Committee requests the Government to indicate the measures adopted or envisaged to identify where the types of work so determined exist, after consultation with the organizations of employers and workers concerned.

Article 4, paragraph 3. Periodical examination and revision of the list of hazardous types of work determined. The Committee notes that the Government’s report does not contain any information on the periodic examination and revision, as necessary, in consultation with the organizations of employers and workers concerned, of the list of types of work determined in accordance with Article 4, paragraph 1, of the Convention. Furthermore, the Committee observes that the lists of types of work contained in Order No. 006 of 21 May 1986 largely repeat those included in Order No. 877 of 22 November 1953. The Committee also notes that, according to the information provided by the Government in previous reports on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33), and the Minimum Age Convention, 1973 (No. 138), a new Labour Code has been under preparation for a number of years. The Committee requests the Government to indicate whether the national legislation provides for the periodic examination and revision, as necessary, in consultation with the organizations of employers and workers concerned, of the list of types of work determined in accordance with Article 4, paragraph 1, and, if so, to provide a copy of the relevant text. It also requests the Government to indicate the progress made in relation to the draft text of the new Labour Code and whether it modifies the list of hazardous types of work in order to take into consideration technological advances.

Article 5. Mechanisms to monitor the implementation of the Convention. The Committee notes that the labour inspectorate appears to be the central institution for the application of the Convention in so far as it "is responsible for ensuring the enforcement of all provisions of a legislative nature or of regulations relating to conditions of work and the protection of workers while engaged in their occupation" (section 153 of the Labour Code). It also notes that, under section 157 of the Labour Code, labour inspectors may require the examination of women and children by an approved physician with a view to determining whether the work to which they are assigned exceeds their strength. The Committee requests the Government to provide information on the mechanisms established or designated to monitor the implementation of the provisions of the Convention by labour inspectors in cases where the national measures are not derived from the Labour Code, but from the application of penal measures (prostitution, pornography, illicit activities).

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government has undertaken, with the financial support of UNICEF, a study to identify and classify child labour. The Committee notes the Government’s indication that the validation of the report will enable the Government to identify the extent of the problem and determine the legislative measures, regulations and supervisory provisions to be adopted. It also notes the information provided by the Government in its report to the effect that it envisages carrying out a "project to protect children at work". The Committee recalls that, under the terms of Article 6 of the Convention, the Government has to design and implement programmes of action to eliminate as a priority the worst forms of child labour, and that such programmes shall be designed and implemented in consultation with relevant state institutions and employers’ and workers’ organizations. The Committee would be grateful if the Government would provide a copy of the study carried out with the support of UNICEF to identify and classify child labour, as well as information on the measures envisaged and the consultations held with the relevant government institutions and employers’ and workers’ organizations. It also requests the Government to provide information on the implementation of the project to protect working children and its objectives.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes the Government’s indication in its report that it has not taken any measures to ensure the prohibition and elimination of the worst forms of child labour, but that the texts applying the present Convention will be adopted within a reasonable period. However, the Committee notes that a fine of between 5,000 and 50,000 CFA francs and/or a sentence of imprisonment of between six days and three months (section 228(a) of the Labour Code) is applied to persons violating the provisions on forced labour (prohibited by section 4 of the Labour Code). These penalties are also to be imposed on any person who, by means of violence, threats, deception, fraud or promises, forces or attempts to force a worker to be employed against her or his will. Furthermore, it notes that section 222 of the Labour Code establishes penalties for violations of the provisions of Order No. 006 of 1986, determining the conditions of employment of young workers, and of Order No. 49 of 1969 respecting the conditions of employment of domestic workers. It also notes that section 230 of the Labour Code establishes penalties applicable to any person who prevents or endeavours to prevent the discharge of the obligations and the exercise of the powers of labour inspectors and supervisors or persons acting on behalf of labour and social security inspectors. It also notes that there appear to be penal provisions for the abduction, diversion or removal of children (section 212 of the Penal Code), offences against public morals by inciting, facilitating or encouraging the debauchery or corruption of a young person (section 201 of the Penal Code). Noting the absence of any reference to these sanctions by the Government, the Committee requests it to provide information on the application of sanctions in practice and to provide a copy of the Penal Code and the Code of Penal Procedure.

Paragraph 2. Effective and time-bound measures. The Committee notes the Government’s indications that no measures have yet been taken to secure the prohibition and elimination of the worst forms of child labour, but that the texts to apply the present Convention will be adopted within a reasonable period. The Committee also notes that certain measures have been taken in the following fields.

Clause (c). Access to free basic education. The Committee notes that the Government adopted in July 2000 a ten-year national plan for the development of education. According to the information provided by the Government to the Committee on the Rights of the Child in 2000 (CRC/C/3/11/Add.18 of 23 August 2000, reply by the Government to question No. 21), the priority is to develop basic education with a view, in the long term, to achieving education for all. According to the Government’s statements to the Committee on the Rights of the Child, basic education of a duration of six years will be compulsory up to the age of 15 years. Furthermore, a system of initiation to technology adapted to the local environment (that is, inspired by the practice of agriculture, stock-raising and artistic and craftwork) should be established. Despite these measures, the educational system suffers from inadequacies. According to UNICEF, the net enrolment rate in primary school for the period 1994-2000 was 43 per cent. In 2002, the gross primary school enrolment rate was 70 per cent (for both boys and girls combined), with the rate falling to 51 per cent for boys and only 27 per cent for girls. For secondary school, these rates were 15 and 6 per cent, respectively. The Government indicates its intention to increase the proportion of public expenditure devoted to education to 25 per cent by 2005 (CRC/C/3/11/Add.18, 23 August 2000, see reply to question No. 21, page 15), but it admitted in 1998 to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 29) that at the present time, however, "the State lacks the financial resources necessary to provide education free of charge". There are therefore a number of children who, although subject to compulsory schooling, do not attend school. The Government indicates in its report to the International Bureau of Education that most of the texts issued under Act No. 97.014 of 10 December 1997, setting the priorities for education, are still being prepared and that, as a result, most of the provisions of the Act are still not implemented. The Committee also notes that, according to the report of the International Bureau of Education-UNESCO, entitled "World Data on Education, 2003", the value of non-formal education has been acknowledged and its development encouraged. The Committee requests the Government to keep it informed of the progress achieved in facilitating the access of children to education and to provide it with information on the functioning of non-formal education, with particular reference to the methods used, the number of children participating and their age.

Clause (d). Children at special risk. In its report to the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 23, page 18), the Central African Ministry of Labour refers to a survey carried out in May 1999, according to which there are 2,629 children living and working in the streets. The Ministry of Labour also indicated that there are not yet any state institutions responsible for removing these children from the street and helping them to integrate, finding them a less hazardous occupation or enabling them to have access to education. The Government indicates that it is considering adopting a policy on the survival, protection and development of children. The Committee notes that the Government indicated to the Committee on the Rights of the Child (CRC/C/11/Add.18, paragraph 49) that the new Family Code provides that, if the health, safety, morals or education of a child are jeopardized, correctional measures may be applied as an endangered child. The Committee requests the Government to provide information on the measures adopted in relation to the policy on the survival, protection and development of children, and on the measures adopted or envisaged to identify and reach out to children at special risk.

Clause (e). The special situation of girls. The Committee notes the Government’s indications to the Committee on the Rights of the Child (CRC/C/3/11/Add.18, of 23 August 2000, reply to question No. 21, page 15) according to which, in the first place, in improving access to education, priority is given to basic education and the education of girls. It also notes that the Government refers in its report to the Committee on the Rights of the Child (CRC/C/11/Add.18, of 18 November 1999, paragraph 10(h)) to Order No. 66/26 of 31 March 1966 on the advancement of young girls. The Committee requests the Government to provide a copy of this Order and to specify its impact on the elimination of the worst forms of work by girls. It also requests the Government to provide information on the measures adopted and the results achieved in relation to the access of girls to education.

Paragraph 3. Noting the absence of information in the Government’s report on this point, the Committee requests it to indicate the authority or authorities responsible for the implementation of the provisions giving effect to this Convention, and the methods by which such implementation is supervised.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s indications that it has taken steps with a view to establishing a system of cooperation with IPEC for the effective abolition of child labour. It also notes that cooperation between the Central African Republic and its neighbouring States is facilitated by its ratification of the African Charter on Human and People’s Rights. Furthermore, it notes that the Central African Republic is a member of the Central African Economic and Monetary Community (CAEMC) and of Interpol, and more precisely of the Central African Police Chiefs Committee. The Committee requests the Government to provide information on any agreements concluded between the Central African Republic and neighbouring countries with a view, among other objectives, to eliminating the trafficking of children. It also requests the Government to keep it informed of the mutual assistance provided in giving effect to the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

Part IV of the report form. The Committee notes the Government’s indication in its report that there are no official statistics on the worst forms of child labour. However, it indicates that field surveys which have not been made official show that 98.6 per cent of the children surveyed in the major cities of the country state that they are engaged in an occupational activity. The Committee encourages the Government to conduct statistical surveys with a view to evaluating the number of children working, their age and the types of work performed.

Part V of the report form. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the Central African Republic, including any practical difficulties encountered in the application of the Convention, and also to provide copies or extracts of official documents, including inspection reports, studies and inquiries and, where such statistics exist, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and the penal sanctions applied.