Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (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.