Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (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.