Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - République centrafricaine (Ratification: 2000)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. Further to its previous comments, the Committee notes that section 151 of Act No. 10.001 of 6 January 2010, issuing the Penal Code (Penal Code of 2010), establishes penalties for the trafficking of persons under 18 years of age for exploitation of their work or sexual exploitation. However, the Committee notes that, according to information provided in a report on the trafficking of persons in the Central African Republic in 2011, which is accessible on the website of the United Nations High Commissioner for Refugees (UNHCR), children from the Central African Republic are the victims of trafficking for the purposes of forced labour and commercial sexual exploitation within the country or in neighbouring countries. The report indicates that these children are exploited for work in agriculture, domestic service, diamond mines, street trading and prostitution.

While noting the adoption of these new provisions which prohibit and establish penalties for the sale and trafficking of children, the Committee observes that this worst form of child labour is still a problem in practice. The Committee therefore requests the Government to take the necessary measures to ensure the protection of young person under 18 years of age against the sale and trafficking of children. It requests the Government to send information on the application in practice of the Penal Code of 2010, including statistics on the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. Further to its previous comments, the Committee notes with interest that, under sections 90 and 91 of the Penal Code of 2010, any person who: (i) habitually aids, assists or protects prostitution or soliciting with a view to the prostitution of a minor; (ii) recruits, lures or harbours a minor, even with the consent of the minor, with a view to prostitution or hands a minor over to prostitution or debauchery; or (iii) acts as any kind of intermediary between persons engaging in prostitution or debauchery and individuals who exploit or pay for the prostitution or debauchery of persons under 18 years of age, shall be deemed to be a pimp and shall be liable to imprisonment of three to ten years. The Committee also notes that, under the terms of section 111, any person guilty of pornographic acts in relation to children shall be liable to imprisonment of two to five years.

Article 4(1). Determination of hazardous types of work. The Committee previously noted that, under section 261 of the Labour Code of 2009, a joint order of the Minister of Labour and the Minister of Public Health, issued pursuant to the proposal by the Standing National Labour Council, shall determine the nature of the types of work and the categories of enterprises that are prohibited for children and the age limit up to which the prohibition applies. However, the Committee observed that no list of these hazardous types of employment or work had been published.

The Committee notes that the Government undertakes to adopt the list of hazardous types of work prohibited for children under 18 years of age in the very near future. It again reminds the Government that, under Article 4(1) of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, and that, pursuant to Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee once again requests the Government to take immediate measures to ensure that the list determining the hazardous types of employment or work prohibited for persons under 18 years of age is adopted as soon as possible, in consultation with the organizations of employers and workers concerned. It requests the Government to provide information on the progress made in this respect.

Article 7(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. In its previous comments the Committee noted that the Government had adopted a National Plan of Action on Education for All (NPA-EFA) in 2005, 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. However, the Committee observed that, according to UNICEF statistics for 2007, the net school enrolment rate at the primary and secondary levels remains a source of serious concern.

The Committee observes that, according to UNESCO statistics for 2009, the net school enrolment rate at primary level (6–15 years) appears to have increased slightly despite the fact that it still remains relatively low, especially for girls (57 per cent, compared with 77 per cent for boys). However, it notes that the proportion of children of primary school age (6–15 years) who do not attend school remains substantial (33 per cent), as does the repetition rate at primary level, which stands at 24 per cent. Moreover, the Committee notes that, according to information in the report of 13 April 2011 of the United Nations Secretary General on children in armed conflict in the Central African Republic (S/2011/241, paragraphs 25 and 26), the education sector has suffered seriously from the climate of insecurity in the country, and the school drop-out rate has consequently remained relatively high (estimated at 53 per cent in 2010). The fear of incursions from armed groups operating in the east of the country, especially the Lord’s Resistance Army (LRA), has discouraged parents from sending their children to school. Moreover, many schools in the country have closed because of the operations of various armed groups.

The Committee is, therefore, bound to express its concern at the low school enrolment rate and the large number of children who are deprived of education because of the climate of insecurity prevailing in the country. In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take effective and time-bound measures to improve the operation of the educational system and increase the school enrolment rate, giving particular attention to the situation of girls. It requests the Government to provide information in its next report on the measures taken in this respect.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Trafficking and commercial sexual exploitation. In its previous comments the Committee noted that a study on the abuse, sexual exploitation and trafficking of children had been conducted in 2005. It also noted that a national plan of action to combat the abuse, sexual exploitation and trafficking of children had been adopted. Noting once again the lack of information in the Government’s report, the Committee urges the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance for the removal of child victims of trafficking and commercial sexual exploitation from these worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information in its next report on the measures taken in this respect.

Clause (d). Children at special risk. 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 that a programme for the comprehensive development of young children (DIJE) had been tested in the sub-prefecture of Boda, and that NGOs had set up centres for the reintegration and rehabilitation of street children and other vulnerable children.

The Committee notes the information sent by the Government to the effect that the DIJE programme has been suspended. However, it observes that a National Council for the Protection of Children (CNPE) has recently been set up, with the mandate of assisting the Government with coordination, support, advice, monitoring and evaluation of policies and strategies concerning the protection of children. Observing that street children and other vulnerable children are at particular risk of exposure to the worst forms of child labour, the Committee urges the Government to take immediate and effective measures to protect these children from the worst forms of child labour. It requests the Government to send information on any measures adopted to this end by the CNPE.

HIV/AIDS orphans. The Committee previously noted 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 approximately 140,000. It also noted that the Government had formulated, in collaboration with UNAIDS, a five-year strategic national framework to combat the virus. It further noted that, according to the national situation report that the Government submitted to UNAIDS in January 2008, national programmes were implemented for orphans and vulnerable children.

The Committee notes once again that the Government has not provided any information on this subject. It observes that, according to information in the UNGASS report of March 2010 for the Central African Republic concerning the follow-up to the declaration of commitment on HIV/AIDS, only 20 per cent of orphans and vulnerable children have received any kind of care. The Committee expresses concern at the large number of children who are HIV/AIDS orphans in the Central African Republic, and also at the small number of children who are receiving any kind of care. Recalling that children orphaned as a result of HIV/AIDS and other vulnerable children are at particular risk of becoming involved in the worst forms of child labour, the Committee urges the Government to intensify its efforts to protect these children from the worst forms of child labour. It requests the Government once again to send information on specific measures taken in this respect and the results achieved.

Article 8. International cooperation and assistance. Poverty reduction. Further to its previous comments, the Committee notes the Government’s indication that the Poverty Reduction Strategy Paper (PRSP) has focused on maximizing the economic and social impact of education through universal coverage in basic education. It notes that the PRSP came to an end in 2010. However, the Committee observes that, according to the United Nations Development Assistance Framework (UNDAF) plan for the consolidation of peace and development aid in the Central African Republic for 2012–16, adopted in May 2011, the objectives of this plan include quality education for all and improved access for the most vulnerable children and young persons to services providing protection against violence, exploitation, abuse, discrimination and negligence. The Committee requests the Government to provide information on any significant impact of the implementation of the UNDAF plan on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee observes that no information on the number of child victims of the worst forms of child labour appears to be available with respect to the Central African Republic. The Committee therefore expresses the hope that the Government will be in a position to provide statistics and information in its next report on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed. All information provided should, as far as possible, be disaggregated by age and sex.