Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 1(a) of the Convention. Imposition of imprisonment involving an obligation to work as a sanction for expressing political views or views ideologically opposed to the established political, social and economic system.

1. In its previous comments, the Committee recalled that the Convention prohibits to impose sanctions involving an obligation to perform labour, including compulsory prison labour, on persons who, without having recourse to violence, hold or express political views, or views ideologically opposed to the established political, social or economic system. Considering that section 62 of Order No. 2772, of 18 August 1955, regulating the functioning of penal institutions and the work of detainees, provides for the obligation to work in prison, prison sentences imposed on persons who express certain political opinions or their opposition to the established system will have an impact on the application of the Convention.

In this context, the Committee has been drawing for many years the Government’s attention to the need to amend or repeal 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), which provide for sentences of imprisonment that involve compulsory labour. The Committee notes that, according to the concluding observations of the United Nations Human Rights Committee on the Application of the International Covenant on Civil and Political Rights by Central African Republic, Order No. 05.002 of 22 February 2005, promulgating the Freedom of the Press and Communication (Organization) Act, is likely to decriminalize press offences. The Committee notes that the “Committee nevertheless observes with concern that many journalists have been subjected to pressure, intimidation or acts of aggression, and even imprisonment” (Document CCPR/C/CAF/CO/2 of 27 July 2006). The Committee asks the Government to provide a copy of Order No. 05.002 promulgating the Freedom of the Press and Communication (Organization) Act and to indicate whether this new legislation has repealed Act No. 60/169 of 12 December 1960 and Order No. 3-MI of 25 April 1969. If not, please indicate the progress made in the process of repealing of these texts, to which the Government has been referring for a long time. Finally, the Committee would be grateful if the Government would indicate the legal provisions under which journalists have been imprisoned and the charges.

2. In order to ascertain that no sentences involving the obligation to work are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system, the Committee needs to be able to assess the scope of the provisions mentioned below and to this end it would be grateful if the Government would provide copies of any court decisions handed down under these provisions.

(i) Section 77 of the Penal Code (dissemination of propaganda for certain purposes; acts jeopardizing public safety, etc.) and sections 130–135 and 137–139 of the Penal Code (offences against persons occupying various public offices), which provide for prison sentences involving the obligation to work.

(ii) Section 3 of Act No. 61/233 governing associations in the Central African Republic read in conjunction with section 12. Under section 12, 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. Under section 3 of this Act, any association which is “of such a nature as to give rise to political disturbances or cast discredit on political institutions and their functioning” shall be null and void.s