Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (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.