Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Central African Republic (Ratification: 2000)

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted that despite the adoption of the 2009 Labour Code, which prohibits the forced or compulsory recruitment of children under 18 years of age for use in armed conflict, children were still found in the ranks of various armed groups and local self-defence militia. Indeed, children continued to engage in combat as part of the various armed groups. The Committee noted that the human rights situation constantly worsened in the Central African Republic throughout 2013, with the proliferation and shifting of alliances of armed groups: on the one hand, the many groups which came to form the Séléka coalition or are associated in varying degrees with the ex-Séléka coalition; on the other hand, the anti-balaka, a local defence militia which emerged in the second half of the year in response to systematic attacks against the civilian population by the ex-Séléka coalition. Both the anti-balaka and the Séléka coalition systematically recruited and used children.

The Committee notes the Government’s indication in its report that the security situation in the Central African Republic remains a source of major concern for the Government. The Government indicates that, in the context of the National Recovery and Peacebuilding Plan for the Central African Republic (RCPCA) 2017–21, in the first component on supporting peace, security and reconciliation, the Government launched the disarmament, demobilization, reintegration and repatriation process with a view to promoting peace in the country. The Government indicates that a return to security will enable the redeployment of the administration throughout the country as well as the restoration of the authority of the State with a view to conducting investigations into the forced recruitment of children and prosecuting the perpetrators.

The Committee also notes that, according to the report of 12 February 2016 of the United Nations (UN) Secretary-General on children and armed conflict in the Central African Republic (2016 report of the Secretary-General), on 23 July 2014 an agreement on the cessation of hostilities was signed in Brazzaville, which led to the gradual restoration of calm in Bangui and set the ground rules for the completion of the transition process, such as the holding of elections, disarmament, demobilization and reintegration, and national reconciliation (S/2016/133, paragraph 12). The 2016 report of the Secretary-General also indicates that the Bangui Forum for National Reconciliation, held in May 2015, and the preceding nationwide popular consultations culminated in the signing of an agreement on the principles of disarmament, demobilization, reintegration and repatriation, and the integration of armed elements into the uniformed state forces of the Central African Republic. On 5 May 2015, ten armed groups, including factions of ex-Séléka and anti-balaka, signed an agreement to stop and prevent the recruitment and use of children and other grave violations against children (paragraph 14). The Committee also notes that, according to the country programme document of 10 August 2017 proposed by UNICEF and presented to the Executive Board of the UN Economic and Social Council (UNICEF country programme document), the Central African Republic is gradually emerging from a period of institutional, social and political instability, with the adoption of a new Constitution in March 2016 and the holding of democratic, transparent presidential elections at the start of 2016 and legislative elections in April 2016. However, armed groups continue to control the country’s natural resources, threatening social cohesion and access to basic services (E/ICEF/2017/P/L.27, paragraph 1).

However, the Committee notes that, according to the 2016 report of the Secretary-General, a 2014 UNICEF study estimated that between 6,000 and 10,000 children were associated with armed groups, a surge attributed to the increased activities of anti-balaka factions since 2013 (S/2016/133, paragraph 17). According to the 2016 report of the Secretary-General, not only were children brutalized with regard to being used in combat and as sex slaves but they were also forced to perform various support roles, including as informants. Since 2014, children have been increasingly used to commit violations against civilians. The report also indicates that in 2015 a total of 39 children (28 boys and 11 girls) were verified as having been newly recruited, the majority by the Lord’s Resistance Army (LRA) (21 children) and others by ex-Séléka factions such as the Union for Peace in Central Africa (UPC) (13 children). However, during the outbreak of violence that erupted on 26 September, hundreds of children were observed either manning checkpoints or erecting barricades in Bangui (paragraph 22). Furthermore, according to the report of 28 July 2017 of the Independent Expert on the situation of human rights in the Central African Republic, the Office for the Coordination of Humanitarian Affairs (OCHA) estimates that from 4,000 to 5,000 children still belong to armed groups (A/HRC/36/64, paragraph 69).

Despite the progress made on achieving stability in the country, the Committee once again expresses deep concern at the current situation, especially as it entails other violations of children’s rights, such as abductions, murders and sexual violence. It recalls once again that, under Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered to be one of the worst forms of child labour and that, under Article 1 of the Convention, member States must take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. While recognizing the complexity of the situation prevailing on the ground and the existence of an armed conflict and armed groups in the country, the Committee urges the Government to intensify its efforts to eliminate in practice the forced recruitment of children under 18 years of age by all armed groups in the country. The Committee also urges the Government to take immediate measures to ensure that the investigation and prosecution of offenders is carried out and that sufficiently effective and dissuasive penalties are imposed on persons found guilty of recruiting children under 18 years of age for use in armed conflict. It requests the Government to supply information on the number of investigations conducted, prosecutions brought and convictions handed down under the provisions of the Labour Code.

Article 7(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 vocational training. Child soldiers. In its previous comments, the Committee noted that measures had been adopted in partnership with UNICEF to provide appropriate direct assistance for removing child victims of forced recruitment from armed groups and ensuring their rehabilitation and social integration. However, the Committee noted that the increase in insecurity had given rise to the re-enlistment of children and had restricted humanitarian action in many parts of the country. However, the Committee noted that the transitional Government had undertaken a review of the national disarmament, demobilization and reintegration strategy and that the UN was working closely with the transitional authorities on this issue to ensure that appropriate provisions on the disarmament, demobilization and reintegration of children were incorporated in the national strategy.

The Committee notes that, according to the 2016 report of the Secretary General, between January 2014 and December 2015 the country task force monitoring and reporting on violations committed against children separated 5,541 children (4,274 boys and 1,267 girls) from armed groups. However, the country task force was only able to document a total of 715 children, including 114 girls, as being newly recruited and used (S/2016/133, paragraph 17). According to the report, there were many cases of children who had been demobilized and then re-enlisted in armed groups. Between December 2013 and the end of 2014, the country task force verified 464 cases of new recruitment, including 446 by anti-balaka (360 boys and 86 girls) and 18 boys by ex-Séléka factions. In addition, 2,807 children (2,161 boys and 646 girls) were identified and verified among armed groups, including anti-balaka (2,347 children), various ex-Séléka factions (446 children) and the LRA (13 children), and one boy was demobilized from the “Revolution and Justice” armed group (paragraph 20). Moreover, according to the UNICEF country programme document, of the 9,449 children freed from armed groups from January 2014 to March 2017 (30 per cent of whom were girls), only 4,954 had benefited from reintegration programmes (E/ICEF/2017/P/L.27, paragraph 8).

The Committee notes the Government’s indication that it is giving priority to actions combating the scourge of human rights violations. To this end, many different initiatives are being implemented, such as protection of women’s and children’s rights, development of humanitarian actions and economic growth for lasting peace. The Committee notes that, according to the report of 2 June 2017 of the Secretary-General on the situation in the Central African Republic, UNICEF provided integration support to 420 children released from armed groups, while 239 children (including 55 girls) were separated from anti-balaka groups. Furthermore, as part of efforts to end the association of children with armed groups, the UN Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA), deployed in September 2014 to replace the African Union-led International Support Mission to the Central African Republic (MISCA), organized a week-long campaign in February 2017 in collaboration with local partners to raise the awareness of armed groups, community members and authorities in five localities regarding the impact of armed conflict on children (S/2017/473, paragraph 36). While noting the measures taken by the Government and the difficulty of the situation, the Committee urges the Government to intensify its efforts to provide appropriate direct assistance to remove child victims of forced recruitment from armed groups and ensure their rehabilitation and social integration so as to guarantee their long-term, definitive demobilization. It requests the Government to provide information in its next report on progress made and the results achieved in this respect.

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