Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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

Autre commentaire sur C182

Observation

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2022. It also notes the detailed discussion, which was held at the 110th Session of the Conference Committee on the Application of Standards (Conference Committee) in June 2022, concerning the application of the Convention, and the Government’s report.

Follow-up to the conclusions of the Committee on the Application of Standards(International Labour Conference, 110th Session, May–June 2022)

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. The Committee notes that the Conference Committee, while aware of the complexity of the situation in the country, deplored the current situation where children are being recruited and used by the armed forces and armed groups as combatants and in support roles. The Conference Committee urged the Government to take all necessary measures, in consultation with the social partners, to ensure the full and immediate demobilization of all children and to put a stop, in law and practice, to the forced recruitment of children into the armed forces and armed groups. In this regard, it also urged the Government to take all necessary measures to ensure that thorough investigations and robust prosecutions of all persons, including members of the armed forces and armed groups, are carried out, and that sufficiently effective and dissuasive penalties are imposed in law and practice. The Committee also notes that, in its observations, the ITUC supports the conclusions of the Conference Committee and, in particular, recalls that the report of the UN Secretary-General on children and armed conflict identified, in May 2021, over 580 cases of children recruited and used by armed groups and armed forces, which constitutes an alarming deterioration of this situation.

The Committee notes that, according to the report of the UN Secretary-General on children and armed conflict of 23 June 2022, the United Nations confirmed that 329 children (262 boys, 67 girls), some as young as 7 years of age, had been recruited and used by armed groups (293), including as combatants (84 children). A total of 36 children were used by other security personnel (28), the Armed Forces of the Central African Republic (5), the Armed Forces of the Central African Republic/internal security forces (2) and the Armed Forces of the Central African Republic/other security personnel (1) for intelligence gathering, at checkpoints and to run errands. Most violations (189) occurred in Haute-Kotto Prefecture. Eight boys were detained by national authorities for alleged association with armed groups. Two remain in detention and the United Nations continues to advocate their release. The Committee also notes the detailed information contained in the report on the hundreds of cases of murder, rape and other forms of sexual violence, and abduction, perpetrated against children, and attacks on schools and hospitals (A/7/871-S/2022/493, paragraphs 26–34).

The Committee notes the Government’s indication in its report that efforts continue to be undertaken through the Strategic Committee responsible for disarmament, demobilization, reintegration and repatriation; reform of the security sector; and national reconciliation (DDRR/RSS/RN), chaired by the President of the Republic, and the National Strategy for the Reform of the Defence and Security Sector 2017–21, which allowed for the strengthening of the technical capacity of the defence forces. The Committee also notes that, according to the written information provided by the Government to the Conference Committee, and the information contained in the report of the Independent Expert on the situation of human rights in the Central African Republic of 22 August 2022, measures are being taken with regard to the prosecution of perpetrators of offences concerning human rights violations, including the worst forms of child labour. These efforts include not only the holding of regular criminal sessions since the end of 2015, but also the operationalization of the Special Criminal Court, which began its first trial in April 2022 in a case of prosecution for war crimes and crimes against humanity, of members of rebel groups (A/HRC/51/59, paragraphs 65 et seq.). However, according to this report, while the fight against impunity is a government priority, many incidents have not been investigated by the State. The Independent Expert states that political will in this area should be translated into effective action (A/HRC/51/59, paragraphs 83–84).

While noting the measures taken by Government, and recognizing the difficult situation prevailing in the country, the Committee finds itself obliged to once again deplore the continuing recruitment and use of children in the armed conflict in the Central African Republic, all the more so as it gives rise to other serious violations of the child rights, such as abductions, murder and sexual violence, and attacks targeting schools and hospitals. The Committee therefore urges the Government to pursue its efforts to put an end to the practice of forced recruitment of children of less than 18 years of age by the armed forces and armed groups in the country. Moreover, the Committee again urges the Government to continue to take immediate and effective measures to ensure that all persons, including members of the regular armed forces, who recruit children of under 18 years of age for use in armed conflict, are thoroughly investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice, particularly within the framework of national jurisdictions and the Special Criminal Court. The Committee once again requests the Government to provide information on the number of investigations undertaken, prosecutions filed, and convictions handed down against such persons. It also requests the Government to provide a copy of the Child Protection Code.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes that the Conference Committee noted with deep concern the situation of children, especially girls, who are deprived of education due to the impact of the political and security crisis prevailing in the country. The Conference Committee urged the Government to intensify its efforts to improve the operation of the education system and facilitate access to free quality basic education for all children, particularly girls, and in zones affected by the conflict.

The Committee further notes that, in its observations, the ITUC also notes with deep concern the impact of the political and security crisis on the situation of children, in particular girls, who are deprived of education. The ITUC recalls that the school attendance rate remains extremely low, and that the drop-out rate between primary and secondary education is very high. This situation is due, in particular, to the partial or total closure of several schools as a result of the armed conflict, particularly in the hinterland, where armed groups pillage, attack and occupy schools in the context of the conflict. The ITUC therefore considers that the Central African Republic still has to make considerable efforts to comply with its obligations under Article 7(a) and (c) of the Convention, which seeks to ensure access to free basic education for all children.

In this regard, the Government indicates in its reports that the right to education for all is one of its priorities, and that efforts have been made to restore school facilities, even in the areas most affected by the conflict, and to build the capacity of teaching staff. The Government indicates that it approved, in May 2020, the Sectoral Plan for Education for 2020–29, which provides an analysis of access to education, governance reform and financing of the education system.

While noting with deep concern, the significant number of children deprived of education due to the climate of insecurity prevailing in the country, the Committee wishes to recall that education plays a key role in preventing children from engaging in the worst forms of child labour, including their recruitment in armed conflicts. The Committee therefore urges the Government to intensify its efforts to improve the functioning of the education system in the country and to facilitate access to free basic education for all children, including girls and in areas affected by conflict. It requests the Government to provide information on the impact of the specific measures taken in this regard, under the Sectoral Plan for Education for 2020–29 or any other project, as well as on the school attendance, maintenance and drop-out rates at primary and secondary levels.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Forced recruitment of children for use in armed conflict. The Conference Committee urged the Government to intensify its efforts on the prevention, removal, rehabilitation and social integration of children recruited to be used for armed conflict, including through awareness-raising and reintegration programmes.

In this regard, the ITUC notes with concern, in its observations, that children who have been forcibly recruited are victims a second time of the political and security crisis prevailing in the country, due to the insufficient means allocated for their rehabilitation and reintegration into society. The ITUC highlights that the reintegration programmes must be strengthened to ensure the effective and long-term demobilization of children, and that the rehabilitation of former child soldiers constitutes a major challenge in the country. The ITUC notes that, while political commitments have existed for a long time in the Central African Republic, the timeframe for effectively implementing these commitments has been significantly exceeded, and that numerous issues continue to arise in practice with regard to the rehabilitation and social integration of former child soldiers.

In this regard, the Committee notes the Government’s indication that several persons, including children from armed groups, have been demobilized and reintegrated into the economic and social system. The Government underscores that, since 2014 and with the support of UNICEF and other partners, over 15,500 children were freed, of whom 30 per cent were girls, and of whom several have attended training courses at the Office of the High Commissioner through the Jeunesse Pionnière (Young Pioneers) youth organization. The Committee also notes that, according to the information contained in the report of the Secretary-General on children and armed conflicts of 23 June 2022, interministerial plans have been developed to implement the Child Protection Code (A/7/871-S/2022/493, paragraph 35). According to UNICEF, the implementation of the Code makes it possible to ensure the effective protection of children, including against serious violations of their rights, and to strengthen the monitoring and reporting mechanism and foster the liberation and reintegration of children from the armed forces and armed groups, and to provide medical and psycho-social care for children affected by conflict.

The Government indicates that, in collaboration with UNICEF, it is seeking ways to ensure that the 2,000 children affected by violence, exploitation and abuse, who were freed from armed groups in 2021, are reintegrated into their families/communities, or placed in alternative services. In this regard, the Committee notes that, according to the report of the Independent Expert on the situation of human rights in the Central African Republic of 22 August 2022, despite the funding of projects for the socio-economic reintegration of individuals, including children, who have left armed groups, this challenge remains outstanding (A/HRC/51/59, paragraph 10). The Committee therefore once again urges the Government to step up its efforts to ensure the removal of all children recruited for use in the armed conflict and for their rehabilitation and social integration. It also once again requests the Government to take all measures necessary to ensure that all children removed from armed groups and from the armed forces benefit from reintegration programmes, including in the context of its cooperation with UNICEF. It requests the Government to continue to provide information in this regard, including on the number of children who have benefited from rehabilitation and social integration.

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