Observación (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes, according to the information provided by the Central African delegation to the United Nations Human Rights Commission in July 2004, that a reform of the Penal Code and the Code of Penal Procedure, which date from independence, has been under way since 2002 in cooperation with the United Nations Peace-Building Office in the Central African Republic (BUNOCA). The Committee requests the Government to provide fuller information on the process of reforming the penal legislation and, as appropriate, to provide copies of the texts adopted. It hopes that on this occasion, the Government will take into account the following comments.

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat the matters raised in its previous observation.

Article 1(a) of the Convention. 1. In its previous observations, the Committee noted that sentences of imprisonment involving compulsory labour may be imposed under the provisions of Act No. 60/169 of 12 December 1960 (dissemination of prohibited publications liable to prejudice the development of the Central African nation) and Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news of foreign origin not approved by the censorship authority). The Committee had requested the Government to amend or repeal the legislation in question and to provide copies of the new provisions adopted. The Committee noted the information to the effect that the Committee’s comments on the above laws had been transmitted to the Minister of Communication. However, the Government did not indicate whether Act No. 60/169 and Order No. 3-MI had been amended. The Committee expresses the firm hope that the Government’s next report will indicate the measures taken or envisaged to ensure compliance with the Convention.

2. With regard to freedom of expression, in earlier comments the Committee had requested the Government to provide information on the application in practice of certain provisions enumerated below with a view to ensuring that they are in conformity with the Convention:

(i)  section 77 of the Penal Code (dissemination of propaganda for certain purposes, acts such as to jeopardize public security, etc.); and

(ii)  sections 130 to 135 and 137 to 139 of the Penal Code (offences against persons occupying various public offices).

The Committee had noted that these provisions of the Penal Code provide for sentences of imprisonment involving the obligation to work, in accordance with section 62 of Order No. 2772 of 18 August 1955, issuing regulations respecting the operation of prison establishments and work by detainees. With reference to paragraph 105 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of the Convention. On the other hand, if a person is in any way forced to work because she or he holds or has expressed particular political views, the situation is covered by the Convention.

With regard to freedom of association, the Committee also noted that sentences of imprisonment involving the obligation to work may be imposed under section 12 of Act No. 61/233 governing associations in the Central African Republic and section 62 of Order No. 2772, issuing regulations respecting prison labour. It notes that section 3 of Act No. 61/233 sets certain limits to the right of association and provides that any association which is "of a nature to give rise to political disturbance or cast discredit on political institutions and their functioning" shall be null and void. Section 12 of the above Act provides that the "founders, directors, administrators or members of any association that is unlawfully maintained or reconstituted after the act of dissolution" shall be liable to imprisonment.

The Committee recalls that the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The protection provided by the Convention is not restricted to activities expressing or displaying opinions different from established principles. Consequently, if certain activities are directed towards the introduction of fundamental changes to the institutions of the State, this does not constitute a reason for considering them to fall outside the protection provided by the Convention, as long as the use of, or incitation to, violence is not made in arriving at the desired result. The Committee also observes the importance, for the effective respect of the Convention, of legal guarantees regarding the rights of assembly, of expression, to demonstration and association, and the direct incidence that restriction of these rights may have on the application of the Convention. Indeed, it is often in the exercise of these rights that political opposition to the established order may show itself. The Committee requests the Government to take the necessary measures to ensure that no sentence involving the obligation to work is imposed as a result of the expression of political opinions and to provide information on the measures that have been taken or are envisaged in this respect. While awaiting the adoption of the above measures, it requests the Government to provide information on the effect given in practice to sections 77, 130 to 135 and 137 to 139 of the Penal Code, and sections 3 and 12 of Act No. 61/233, and to provide copies of any court decisions handed down under these provisions.