Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

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 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), referred 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. The Committee noted 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 and it therefore requested the Government to take measures as a matter of urgency for the adoption of such legislation.

The Committee notes with satisfaction that sections 262 and 263 of the new Act No. 09.004 issuing the Labour Code of the Central African Republic (Labour Code of 2009), adopted in January 2009, provide that all forms of slavery or practices similar to slavery affecting young persons under 18 years of age, as well as forced or compulsory labour, including forced or compulsory recruitment for their use in armed conflict, are prohibited throughout the territory of the Central Africa Republic. The Committee further notes that fines and terms of imprisonment are envisaged in the event of violations of this provision (section 393).

However, the Committee notes that, according to more recent information provided by the Secretary-General of the United Nations in his Report of 3 February 2009 on children and armed conflict (S/2009/66, paragraphs 26 to 36), the APRD recently identified 250 children for release and reintegration, but it may well be that the children associated with the APRD are more numerous. In November 2008, 100 children had been identified, most of whom were between the ages of 12 to 17 years, with some cases of children of 9 and 10 years of age. The Secretary-General also reports that many children were abducted and recruited in the south-west of the country following the four attacks by the Lord’s Resistance Army (LRA) in February and March 2008 on villages in the Obo area. A joint mission of the United Nations, the United Nations Peace Building Support Office in the Central African Republic, the Office for the Coordination of Humanitarian Affairs, the Department of Safety and Security and UNICEF found that some of the attackers were reportedly under the age of 15 years. According to 35 adults who had been abducted and were later released by the LRA, the 55 children who were abducted during the attacks are now used as soldiers or for auxiliary tasks, and the girls are used as sexual slaves. The Committee further notes that the Representative of the Secretary-General in his Report on the situation of human rights of internally displaced persons of 17 March 2008 (A/HRC/8/6/Add.1, paragraph 67), indicates that he observed children among the rebels patrolling the territories under their control and that something under 1,000 children are reported to be involved.

The Committee further notes the indication by the Secretary-General that an Amnesty Law was promulgated on 13 October 2008 covering violations committed by Government security and defence forces and rebels between March 2003 and October 2008 (S/2009/66, paragraph 6). The amnesty is subject to conditions, including the cantonment, demobilization and disarmament of fighting forces within 60 days of its promulgation. Considering this short timeframe, which was challenged in particular by the APRD, an incremental approach was adopted early in November 2008, with demobilization activities to begin early in 2009. On 25 October 2008, the Government of the Central African Republic released from detention 12 fighters from the APRD, the UFDR and the FDPC, in accordance with its obligations under the agreement (S/2009/66, paragraph 6).

The Committee accordingly observes that the forced recruitment of children for use in armed conflict still exists in the country and that the situation remains fragile. It once again 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 murders and sexual violence. It once again reminds the Government that, under the terms of 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 therefore requests the Government to take immediate and effective measures to bring an end to the practice of the 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 secure in practice the protection of young persons under 18 years of age against forced recruitment for their use in armed conflict, and to ensure that investigations are undertaken and grave charges brought against those committing violations, and that sufficiently effective and dissuasive penalties are imposed upon persons found guilty of having used 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, to vocational training. Child soldiers. In its previous comments, the Committee noted that, according to information from UNICEF, the Government, the 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 noted 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 to 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. 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 was commenced with the APRD to prevent the recruitment of children and to demobilize and reintegrate those who 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 of the country.

The Committee further noted that, according to the UNICEF Humanitarian Action Report 2008, the conflict has resulted in internal displacements, with over 610,000 suffering from the conflict. The Committee also noted 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 that, according to the Report of the Secretary-General of the United Nations of 3 February 2009 on children and armed conflict (S/2009/66, paragraph 53), strategic partnerships for the prevention of the recruitment and for the release and reintegration of children in areas controlled by the APRD and the UFDR have recently been concluded with four humanitarian NGOs. This community-based programme envisages support for the release and reintegration of hundreds of children associated with armed groups in the northern areas. Three transit interim care centres are currently being built in the north‑western districts and an emergency site to receive released children is already operational in the north-west. The Committee however notes the indication by the Secretary-General that, while there have been some positive developments regarding the anticipated release of children from the APRD and the UFDR, the deadlock in the peace negotiations and the withdrawal of the major parties to the conflict from the Comprehensive Peace Dialogue in August 2008 stalled the implementation of the commitments to release children. According to the Secretary-General, up to now, relatively few children have actually been released and there may also have been new recruitment.

The Committee therefore once again observes that, despite the Government’s collaboration with UNICEF, the current situation of the country remains a cause of grave 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 hopes that the Government will negotiate an end to armed conflict so that all children used in armed conflict are demobilized and reintegrated, particularly in the north-east and north-west of the country. The Committee further asks the Government to provide information on the number of child soldiers removed from armed groups and reintegrated through appropriate assistance for their rehabilitation and social integration, including through care centres. It requests the Government to provide information in this respect in its next report.

The Committee is raising other points in a request addressed directly to the Government.