Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Central African Republic (Ratification: 1964)

Article 1(a) of the Convention. Imposition of imprisonment involving an obligation to work as a penalty for expressing political views or views ideologically opposed to the established political, social and economic system. In its previous comments the Committee noted that certain provisions of the Penal Code and the Act concerning associations establish the penalty of imprisonment for certain activities (terms of imprisonment which, under section 62 of Order No. 2772 of 18 August 1955 governing the operation of prisons, involve compulsory labour). In order to be sure that such provisions are not used as the basis for imposing prison sentences on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system, the Committee asked the Government to provide information on their application in practice. The following provisions are concerned:

• – sections 135–137 of the new Penal Code (offences against persons occupying various public offices), sections 292 (dissemination of propaganda detrimental to the vital interests of the State and nation) and 295 of the Penal Code (acts likely to compromise public security or cause serious political disturbances);
• – section 3 read of Act No. 61/233 regulating associations in the Central African Republic, in conjunction with section 12. Under the terms of 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. However, under section 3 of this Act, any association which is “of such a nature as to give rise to political disturbances or discredit political institutions or the operation thereof” shall be null and void.

The Committee notes the Government’s indication that in the absence of any recourse to violence nobody has been imprisoned for the expression of political opinions. Opponents of the established regime express themselves freely on political, social and economic matters, without fear of harassment from the established authorities. While noting this indication, the Committee requests the Government to continue to supply information on the application of the abovementioned provisions in practice, including, if applicable, copies of any court decisions handed down on the basis thereof.

Article 1(d). Requisitioning of public servants in the event of a strike. In its previous comments the Committee emphasized that the powers of requisition with regard to striking public servants authorized by Ordinance No. 81/028, concerning the regulation of the right to strike in the public service, are defined too broadly. Section 11 authorizes the Government to undertake “a requisition of striking workers with a view to meeting the needs of the nation or when the public interest requires it or is seriously threatened, in order to ensure the continuity of public services”. The Committee recalled that powers of requisition must be confined to essential services in the strict sense of the term. Inasmuch as striking workers who refuse to comply with a requisition order are criminally liable (section 12 of the Ordinance), the Committee asked the Government to specify the nature of the penalties that they might incur.

The Committee notes the Government’s statement that the provisions of this Ordinance have never been applied and that in practice no public servant has been imprisoned for refusing to comply with a requisition order. In view of the fact that the legislation continues to define the powers of requisition too broadly and pending amendments to the legislation on this point, the Committee requests the Government to ensure that section 12 of Ordinance No. 81/028, which allows for striking public servants who refuse to comply with a requisition order to be made criminally liable, is not used by the courts to impose sanctions of imprisonment on striking public servants.

Communication of legislation. The Committee notes that, although the Government has undertaken to send the requested legislative texts, the latter have not been received by the Office. The Committee again requests the Government to send a copy of the General Public Service Regulations and also of legislative texts concerning freedom of assembly and demonstration.