Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 1(a) of the Convention. Imposition of sentences of imprisonment involving the obligation to work as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments the Committee asked the Government to provide information on the application in practice of certain provisions of the Penal Code and of Act No. 61/233 regulating associations in the Central African Republic, under the terms of which certain activities may be penalized by imprisonment, inasmuch as section 62 of Order No. 2772 of 18 August 1955 governing the operation of prisons provides that convicted prisoners shall be subjected to compulsory labour. The Committee referred to the following provisions:

• -sections 135–137 of the Penal Code (offences against persons occupying various public functions), section 292 (dissemination of propaganda detrimental to the vital interests of the State and nation) and section 295 of the Penal Code (acts likely to compromise public security or cause serious political disturbances);
• -section 3 of Act No. 61/233 regulating associations in the Central African Republic, read in conjunction with section 12, under the terms of which 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, section 3 of this Act provides that 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 no person has been imprisoned for expressing political views and that, in view of the security crisis affecting the country, the political opposition parties are observing a truce. The Committee requests the Government to continue providing information, including any court decisions, on the application in practice of the abovementioned provisions in so far as this information is necessary for evaluating their scope and thereby ensuring that, in accordance with Article 1(a) of the Convention, persons who express political views or views ideologically opposed to the established political, social or economic system are not subjected to compulsory prison labour.

Article 1(d). Possible penalties for public servants in the event of a strike. In its previous comments the Committee drew the Government’s attention to the fact that Ordinance No. 81/028, concerning the regulation of the right to strike in the public service, defines too broadly the powers of requisition with regard to striking public servants (section 11) and provides that striking public servants who refuse to comply with a requisition order shall be criminally liable (section 12). 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.

The Committee notes that, in reply to its request concerning the nature of penalties that can be imposed for refusal to comply with a requisition order, the Government confirms that the provisions of Ordinance No. 81/028 have never been applied and in practice no public servant has been imprisoned for refusing to comply with a requisition order. The Committee recalls that Article 1(d) of the Convention prohibits the imposition of labour, including compulsory prison labour, as a punishment for having participated in strikes. In view of the fact that Ordinance No. 81/028 contains too broad a definition of the powers for requisitioning public servants, the Committee hopes that the Government will be able to review this issue in light of the above comments and those made in relation to the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). In the meantime, 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 a penalty of imprisonment, and hence compulsory labour, on striking public servants.