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

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

See under Convention No. 29, as follows:

The Government has communicated the following information:

In the detailed reports on ratified Conventions, and during the sessions of the International Labour Conference, Government delegates have always indicated that draft texts have been drawn up to bring the national law and practice into conformity with certain Conventions, namely Nos.: 18 - Workmen's Compensation (Occupational Diseases), 1925; 19 - Equality of Treatment (Accident Compensation), 1925; 29 - Forced Labour, 1930; 41 - Night Work (Women) (Revised), 1934; 52 - Holidays with Pay, 1936; 62 - Safety Provisions (Building), 1937; 87 - Freedom of Association and Protection of the Right to Organise, 1948; 105 - Abolition of Forced Labour, 1957; 118 - Equality of Treatment (Social Security), 1962. The constitutional procedure for the adoption of these draft texts is underway and is continuing before the competent national authorities. It points out that the delay in adopting these drafts was mainly due to the fact that parliamentary sessions take place twice each year (in March and October) and the draft legislation which has been debated there very often involved economic problems, given the recent creation of this institution. However, measures have been taken by the Department of Labour to encourage the competent authorities to accelerate the adoption of these texts. The Office will be kept informed of the measures taken in this regard in due time. In the meantime, the Government refers to its reports made on these instruments.

In addition, a Government representative indicated that there had been a recent change in the administration and a new Minister of Labour had only recently been appointed. He noted that the necessary legislation had been elaborated and submitted to the competent authorities but that he was not sure what was delaying its adoption. The new Minister of Labour wished to assure this Committee that he would do everything in his power to ensure that these texts were adopted.

The Workers' members wished to draw the Government's attention to the importance this Committee attached to this Convention and to the fact that the Committee of Experts had been making comments on this Convention virtually every year since 1966. It was clear that this Convention was not being applied in the Central African Republic. In the first place, several provisions existed which involved forced labour for certain categories of citizens. For some time now the Government had indicated that draft legislation to repeal these provisions had been drawn up and submitted to the competent authorities. Secondly, there was the issue of compulsory cultivation imposed on local communities. The Convention, however, only authorised recourse to compulsory cultivation for the prevention of famine. They expressed their deep concern at the situation and hoped that the Government would be in a position to indicate next year that the legislation in question had indeed been repealed.

The Employers' members noted that this problem needed urgent attention by the Government as it had been discussed in this Committee since 1966. The first issue of concern was the legislation which provided for forced labour. In the past, the Government had indicated that this legislation would be repealed, but now the Committee of Experts' report indicated that a tripartite committee had been established to assess the effects of repealing these texts at the social and economic level. This appeared to be a step backwards as the Government had indicated that this legislation was no longer applied. The second issue concerned compulsory cultivation. The Government should specify the actual limits of the legislation concerning compulsory cultivation so that it would remain within the permissible scope of the Convention. Given that this question had been discussed for a number of years and that no information had been received, new legislation should be introduced as soon as possible. If no progress could be indicated next year, the present Committee should adopt stricter measures.

The Government representative clarified that the text adopted under the former regime had fallen into abeyance and was no longer applicable. The comments made by the Committee of Experts had indicated that the Government should formally repeal these texts and it was in the process of doing this.

The Committee noted the information given by the Government according to which the new Minister of Labour had only been in office for a few days. Although such a change in government could be a cause of delay in complying with provisions of a Convention, it regretted that the Government had not been in a position to ensure compliance over the last period. It, therefore, urged the Government to amend the legislation as indicated by the Committee of Experts and felt the need to state that, if the Government did not comply with this request, the Committee might treat the case next year in a different way.

Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

See under Convention 29, as follows:

The government has communicated the following information:

As regards previous comments made by the Committee of Experts concerning this Convention as well as Conventions Nos. 105 and 119, the Government indicates that draft texts have been elaborated so as to bring law and national practice into conformity with these Conventions. The constitutional procedure for adoption of these texts is in process and they will go before the competent authorities. Furthermore, it is advisable to refer to the previous declarations made by the delegation in response to the Committee of Experts' comments concerning the divergences between the international Conventions and the legislative provisions and national practice in the Central African Republic.

Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

The Government has communicated the following information:

The responses to observations concerning Conventions Nos. 29 and 105 which were provided in earlier reports remain valid to the extent that, within the context of significant institutional changes within the country, the draft texts have been taken up anew and submitted to the competent authorities. The draft texts are following the procedures used by national authorities for adoption of legislation. The Government will provide new information concerning development of the situation in due time.

In addition a Government representative acknowledged that the Committee of Experts' observations on Conventions Nos. 29 and 105 addressed analogous subjects, but they did not necessarily overlap. In relation to Convention No. 105 the Committee had referred to legislative texts on intellectual freedom dating from 1960, 1963 and 1969. Moreover, the 1986 Constitution guaranteed fundamental freedoms to individuals and to groups, albeit within the framework of laws and regulations. In reply to the Committee of Experts' request for a copy of texts relating to the dissolution of the "MESAN" national movement, the Government representative noted that this movement had been a party and then a state organ under the regime of the former Emperor. The movement had been automatically dissolved upon the fall of the Emperor's regime and the abrogation of its Constitution. Since two different problems were involved, the Government did not believe that the conclusions under Convention No. 105 could be identical to those reached under Convention No. 29.

The Workers' and Employers' members expressed the wish that the conclusions of the present Committee concerning Convention No. 29 apply also to this Convention.

The Committee took note of the information provided by the Government representative as well as the written information which had been communicated by the Government. The Committee had examined this case on many occasions and had noted considerable divergencies between the Convention and the legislation and practice in the Central African Republic. The Committee noted with regret that considerable difficulties still remained. The Committee hoped that the Government would, in the near future, take all necessary measures, with the assistance of the ILO if appropriate, to comply fully with its obligations under Convention No. 105. The Committee hoped that the next report would show that real progress had been made.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

MESAN was dissolved on 20 September 1979, as confirmed by the Constitution of 5 February 1981. All the anachronistic legislation adopted by the monarchy, including that questioned by the Committee of Experts, has become obsolete. The Constitution of 28 November 1986 has moreover laid down a regime guaranteeing citizens basic public rights.

See also under Convention No. 29, as follows:

The Government has communicated the following information:

(a) The Government would draw the Committee's attention to the historical and Political context existing when the legislation in question was adopted in 1966 and 1972. The national legislative committee has already made some drafts and an ad hoc committee will deal with all the aspects of these problems before the drafts are submitted to the competent authorities. The Government is gradually setting up democratic institutions representing all sections of society whose representatives will participate in this committee.

(b) As regards the Committee of Experts' observations on section 28 of Act No. 60/109 respecting the development of the rural economy, the Government repeats that there are no legal or practical measures submitting agricultural workers to any forced or compulsory labour or imposing the cultivation of land on them. The Government's role as the main promoter of development consists in guaranteeing agricultural workers technical training and providing basic services to increase production and improve living standards. In the Government's view, freedom to work must not imply the freedom or the right to do nothing, especially in a developing country, where the Government plays the main role in economic and social development.

In addition, a Government representative referred to the information provided in writing concerning Conventions Nos. 29 and 105. With regard to Convention No. 29 the National Legislative Committee had already examined the draft amendments submitted to it and considered that the problems affected all social strata in the country. The opinion of the most qualified representatives in these matters deserved to be taken into account. Once democratic institutions had been established, the Government pledged to submit these matters for consideration in the manner requested by the ILO. It was brought to the Committee's attention that legislative elections, involving the election of deputies, would take place in July 1987.

With regard to the question concerning the practice of subjecting farmers to a form of forced labour, it should be noted that the Government had not taken any legal measure to make this compulsory. However, if it was the view of the ILO that such a practice was contrary to international labour standards, his Government would take note of this and the comments of the Committee of Experts would be taken into consideration once the matters within the competence of Parliament were submitted to it. The Government would certainly ask for the ILO's assistance when the moment came.

With regard to Convention No. 105 he stressed that the Constitution of 28 November 1986 had established a democratic regime. Its adoption made the texts adopted under the previous regime anachronistic. This was why his Government gave its guarantee that these texts were in the process of being repealed and that it was simply a question of letting the procedure follow its course. It was worth noting that since the adoption of the Constitution the Central African people now had a single party called the Central African Democratic Union ("Rassemblement democratique centrafrican (RDC")). In the programme of the party approved by the constituent Assembly of 6 February 1987, a predominant place had been given to social and cultural problems. In effect, the social protection of workers in general would be assured in accordance with the provisions of the Constitution. which aimed to protect their fundamental rights. In return, the party expected from them a patriotic attitude to work through the quality of their contributions and their discipline.

The Workers' members thanked the Government representative for his statement. His country had lived through troublesome and difficult years, and unfortunately all their consequences had not yet disappeared. With regard to Conventions Nos. 29 and 105, as stated in the reply given to the Committee of Experts and afterwards in the written reply, the legislative text and regulations were in the process not only of being prepared but also of being adopted. There were still ordinances at variance with the Conventions. There were reasons to be concerned, in particular by the question of the rural workers who were often very much affected by forced labour. There were two questions to be asked concerning the texts which had been communicated in writing and in the replies given by the Government concerning Convention No. 29. Among other things it was said that "the Government's role as the main promoter of development consists in guaranteeing agricultural workers technical training...". If this was technical training then all well and good. But if it was a question of supervisors or chiefs who were the masters and could do whatever they wanted with rural workers, then this was a violation of the Convention. In this regard they pointed to a subsequent sentence - for which a brief word of explanation was also necessary - which stated that "In the Government's view, freedom to work must not imply the freedom or the right to do nothing". Work had to be encouraged, along with the development of the country, but it was necessary to examine how this so-called freedom or right to do nothing was penalised. There were some questions concerning the correct application of Conventions Nos. 29 and 105. It had been said that new draft laws which would help to bring legislation into conformity with them were submitted to the Council of Ministers. In view of the fact that there would soon be elections, it could be hoped that real solutions to these problems could be attained the following year. With regard to the direct contacts mission it was not clear whether they were for these Conventions, or whether they were for Convention No. 87 only. A clarification on this point would be useful for this Committee.

The Government representative reaffirmed that the Central African Republic guaranteed fundamental freedoms and that it was out of the question that his Government should violate international Conventions that it had freely ratified. Concerning direct contacts, the principle of contacts had been accepted by the Government and it was a question of specifying the date. Because of the steps involved in adopting the Constitution, and also because of the presidential election that had taken place, the date had been postponed. The Government would communicate the exact date before the end of the Conference.

The Employers' members recalled that the questions at issue had been dealt with a number of times by the Committee and there was still a whole series of laws which were not in conformity with the provisions of the Conventions and to which reference had been made for more than 20 years: these included legislation punishing idleness and provisions for the compulsory cultivation of land. These provisions must be amended in order to comply full with ILO standards. The Government has held for years now that such changes are going to be introduced and it has thus recognised the need for bringing the laws into line with the Conventions. There was a similar situation with other laws related to the political movement MESAN, and various other provisions contrary to Convention No. 105. Since the beginning of the 1980s it had been stated that various draft laws which were being discussed would remedy the situation. It must therefore be stated even more urgently than previously that some action must be taken. The Government representative had once again been asked specifically whether the direct contacts mission was to cover the regularisation of the situation regarding Conventions Nos. 29 and 105. Finally, the information communicated in writing could not be evaluated definitively, but the Employers' members agreed with the statement by the Workers' members that the last sentence in connection with Convention No. 29 left open all kinds of possibilities; they would therefore appreciate more concrete indications from the Government as to how it would deal with the situation, which had existed for many years.

Another Government representative stated that, while the concerns of the past two speakers were perfectly understandable, it was important to place these problems in their proper context. For 14 years his country had been on the border of civil war. For years workers and trade unionists had been imprisoned and it was prohibited to train inspectors of labour and social laws. Since the fall of the previous regime his country had also lived through a troubled period. It was only since 1981 that the internal political situation, peace and security had been consolidated. They were now getting the democratic process under way. Democratic elections would take place the following month. The legislative body thus established would have the responsibility for preparing legislative texts and regulations in order to regularise political and administrative life. With Parliament established, all the texts under consideration would be revised.

Responding more specifically to the question raised by the Employers' members, it went without saying that when the direct contacts mission took place at the date to be agreed before the end of the Conference, they would be at the disposal of the mission so that it could verify everything it wished. Thus there was no bad faith on the part of the Central African Government. On the contrary, it was fully aware of the need to respect standards, but these had been trampled on for 22 years. For 22 years the Central African Republic had had no Parliament and had lived under a dictatorial regime that had violated the fundamental rights of workers. It was in this context that one must understand their current situation, but there was no problem with regard to the direct contacts mission.

Secondly, with regard to the concerns expressed by the Workers' members, technical training was indeed technical training in rural areas. In these rural areas, agricultural cultivation constituted the sole source of income for workers. The aim of this training was thus to improve their productivity. It was not a matter of military organisation obliging people to work one plot of land rather than another, but was purely technical training. The objective was simply to use persuasion, to encourage all youths of working age either to go back to the land, or to pursue vocational training in order to find work wherever they could in urban centres. This was a question of providing incentives through persuasion. It should not give the impression that there was any repression against people without work. His country was one of the least advanced and there was not enough work. If one had to repress people without work. then over half the population would have to be repressed. There were many problems to be solved and the aim was to solve them with the aid of the ILO. The Government would inform the ILO at each stage of the solution of problems.

The Committee noted the information and additional explanations provided by the Government representatives. The Committee, however, noted with regret that no progress had been made since it last discussed the case in 1985. It hoped that the Government would take the necessary measures in the very near future to bring national legislation and practice into conformity with the Conventions. The Committee noted that a Government representative had asked for a direct contacts mission in order to be able to solve some of these problems. It hoped that, as promised, the dates on which the mission should take place would be indicated before the end of the Conference. The Committee hoped that progress would be reported next year.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. Imposition of prison sentences involving compulsory 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 noted that, under section 62 of Order No. 2772 of 18 August 1955 regulating the operation of prisons, persons sentenced to imprisonment shall be subjected to compulsory labour. The Committee asked the Government to continue providing information on the application in practice of the following provisions of the legislation, under which certain activities coming within the scope of the Convention are liable to incur a prison sentence:

• – 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 the nation) and section 295 (acts likely to compromise public security or cause serious political disturbances);
• – section 3 of Act No. 61/233 regulating associations, in conjunction with section 12 of the Act. Under 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, while section 3 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 Government once again indicates in its report that persons expressing certain political, economic or social views are not subjected to compulsory prison labour. The Committee requests the Government to continue ensuring that no penalty involving compulsory labour, particularly prison sentences, which involve the obligation to work, is imposed on any person who, without committing or advocating violence, expresses political views or opposition to the established political, social or economic order. The Committee requests the Government to continue providing information on the application in practice of the above-mentioned provisions of the national legislation, indicating the number of prosecutions initiated under these provisions, the offences reported and the penalties imposed.

Article 1(d). Penalties which may be imposed on public officials in the event of a strike. In its previous comments, the Committee referred to Ordinance No. 81/028 regulating the right to strike in the public service, which grants wide powers of requisition vis-à-vis striking public officials (section 11) while also providing that strikers who refuse to comply with a requisition order shall be criminally liable (section 12). It noted the Government’s indication that in practice no sentence of imprisonment has been imposed on striking public officials and that the Standing National Consultative Framework (CPCN) had been set up to manage collective disputes in ministerial departments. The Committee asked the Government to ensure that no penalty involving compulsory labour can be imposed under section 12 of the above-mentioned Ordinance for participating in a strike.

The Government once again indicates that no penalties have been imposed or envisaged in practice against trade union leaders who have refused to comply with a requisition order during coordinated strike action in the public service. Moreover, the Government indicates its willingness to carry out a possible revision within the CPCN of the provisions of Ordinance No. 81/028 regulating the right to strike in the public service, in order to bring it into conformity with the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Committee takes due note of this information and hopes that the process of revising Ordinance No. 81/028 will be initiated in the near future and that the Government will take account of the above comments and of those made in the context of Convention No. 87 regarding requisitioning powers. The Committee requests the Government to ensure that, in accordance with the Convention and the practice indicated, the legislation will not make strikers who have refused to comply with a requisition order liable to criminal penalties (in the form of imprisonment involving compulsory labour). In the meantime, the Committee requests the Government to continue providing information on the application in practice of section 12 of Ordinance No. 81/028 regulating the right to strike in the public service.

Communication of legislation. The Committee requests the Government to send a copy of the Act on political parties and the status of the opposition adopted in February 2020.

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

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory 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 Act No. 61/233 regulating associations in the Central African Republic, under the terms of which certain activities may be penalized with imprisonment, in view of the fact that section 62 of Order No. 2772 of 18 August 1955 regulating the operation of prisons provides that persons sentenced to imprisonment shall be subjected to compulsory labour. The Committee referred to the following provisions:

• -sections 135–137 (offences against persons occupying various public functions), section 292 (dissemination of propaganda detrimental to the vital interests of the State and the nation) and section 295 (acts likely to compromise public security or cause serious political disturbances) of the Penal Code;
• -section 3 of Act No. 61/233 regulating associations, in conjunction with section 12 of the Act. Under 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, while section 3 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 in its report that persons expressing political views or views ideologically opposed to the established political, social or economic system are not subjected to compulsory prison labour. The Committee requests the Government to continue ensuring that the abovementioned provisions of the national legislation are not used to punish the expression of political views or views ideologically opposed to the established political, social or economic system with a prison sentence, as a result of which the convicted persons may be forced to work. The Committee also requests the Government to continue providing information on the application in practice of the abovementioned provisions.

Article 1(d). Penalties which may be imposed on public officials 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 regulating the right to strike in the public service grants excessive powers of requisition vis-à-vis striking public officials (section 11) while also providing that strikers who refuse to comply with a requisition order shall be criminally liable (section 12). Section 11 authorizes the Government to undertake a requisition of strikers 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 in this regard that powers of requisition must be confined to essential services in the strict sense of the term.

The Committee notes the Government’s indication that no judicial proceedings have been brought against striking public officials and that the provisions of section 12 of Ordinance No. 81/028 are not used by the courts to punish public officials who participate in strikes with imprisonment that may entail compulsory work. The Government also indicates that despite the provisions of the aforementioned Ordinance, in practice no penalties have been imposed on trade union leaders who have refused to comply with a requisition order during a concerted strike action in the public administration. Furthermore, according to the Government, the Permanent National Consultative Framework (CPCN) has been set up to manage collective disputes in ministerial departments (Decree No. 14.257 of 1 August 2014). The CPCN is chaired by the Minister for the Public Service and composed of three members of the public authorities as well as representatives of public sector trade union federations.

While taking note of the information provided, the Committee also notes that, in the legislation, Ordinance No. 81/028 defines the powers of requisition vis à vis striking public officials too broadly. It recalls in this regard that Article 1(d) of the Convention prohibits the imposition of work, including compulsory prison labour, as punishment for having participated in a strike. The Committee requests the Government to take the necessary steps to re-examine this issue, bearing in mind its previous comments and also its comments on 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 continue providing information on the application in practice of section 12 of Ordinance No. 81/028 and to ensure that it is not used by the courts to punish public officials who participate in strikes with imprisonment that may entail compulsory work.

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

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.

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

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.

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

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 drew the Government’s attention to the need to amend or repeal the provisions of Act No. 60/169 of 12 December 1960 concerning the dissemination of prohibited publications liable to prejudice the development of the Central African nation and Order No. 3-MI of 25 April 1969 concerning the dissemination of periodicals or news of foreign origin not approved by the censorship authority, which permitted the imposition of terms of imprisonment involving compulsory labour for various press offences.

The Committee notes the Government’s indication in its last report that Act No. 60/169 of 1960 and Order No. 3-MI of 1969 have become obsolete and fallen into disuse and are considered to be contrary to Ordinance No. 05-002 of 22 February 2005 concerning the freedom of communication in the Central African Republic, which decriminalizes press offences.

The Committee notes with satisfaction that Ordinance No. 05-002 does not impose terms of imprisonment for press offences, including defamation, slander or the publication of misinformation. It also notes that, under section 123 of the Ordinance, all previously existing contrary provisions are repealed.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(d) of the Convention. Requisitioning of civil service workers in the event of a strike. The Committee recalls that powers of requisition of striking civil service workers authorized by Ordinance No. 81/028, concerning the regulation of the right to strike in the public service, are defined too broadly. Section 11, in effect, authorizes the Government to undertake “a requisition of striking workers, with a view to coping with a national necessity or when the public interest requires it or is seriously threatened, in order to ensure the continuity of public services”. As the Committee has pointed out under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), powers of requisition must be confined to essential services in the strict sense of the term; that is, to those the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in the case of an acute national crisis. Inasmuch as striking workers who refuse to comply with a requisition order are criminally liable (section 12 of the Ordinance), the Committee requested the Government to specify the nature of the sanctions to which they could be subjected. The Committee notes the Government’s indication in this regard that there have been no cases in which any sanctions have been imposed. Taking into account the fact that the legislation defines the powers of requisition too broadly, the Committee requests the Government to indicate the measures taken to ensure that section 12 of Ordinance No. 81/028, which allows for striking civil service workers who refuse to comply with an order of requisition to be made criminally liable, is not in practice used by the courts to punish these workers with a prison sentence.

Communication of legislation. The Committee once again requests the Government to provide a copy of the general statute on the public service, as well as of legislative texts concerning freedom of assembly and demonstration.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a) of the Convention. Imposition of imprisonment involving an obligation to work as a sanction for expressing political views or views ideologically opposed to the established political, social and economic system. 1. In its previous comments, the Committee recalled that the Convention prohibits to impose sanctions involving an obligation to perform labour, including compulsory prison labour, on persons who, without having recourse to violence, hold or express political views, or views ideologically opposed to the established political, social or economic system. Considering that section 62 of Order No. 2772, of 18 August 1955, regulating the functioning of penal institutions and the work of detainees, provides for the obligation to work in prison, prison sentences imposed on persons who express certain political opinions or their opposition to the established system will have an impact on the application of the Convention.

In this context, the Committee has been drawing for many years the Government’s attention to the need to amend or repeal the provisions of Act No. 60/169 of 12 December 1960 (dissemination of prohibited publications liable to prejudice the development of the Central African nation) and Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news of foreign origin not approved by the censorship authority), which provide for sentences of imprisonment that involve compulsory labour. The Committee notes that, according to the concluding observations of the United Nations Human Rights Committee on the Application of the International Covenant on Civil and Political Rights by Central African Republic, Order No. 05.002 of 22 February 2005, promulgating the Freedom of the Press and Communication (Organization) Act, is likely to decriminalize press offences. The Committee notes that the “Committee nevertheless observes with concern that many journalists have been subjected to pressure, intimidation or acts of aggression, and even imprisonment” (Document CCPR/C/CAF/CO/2 of 27 July 2006). The Committee asks the Government to provide a copy of Order No. 05.002 promulgating the Freedom of the Press and Communication (Organization) Act and to indicate whether this new legislation has repealed Act No. 60/169 of 12 December 1960 and Order No. 3-MI of 25 April 1969. If not, please indicate the progress made in the process of repealing of these texts, to which the Government has been referring for a long time. Finally, the Committee would be grateful if the Government would indicate the legal provisions under which journalists have been imprisoned and the charges.

2. In order to ascertain that no sentences involving the obligation to work are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system, the Committee needs to be able to assess the scope of the provisions mentioned below and to this end it would be grateful if the Government would provide copies of any court decisions handed down under these provisions:

–      Section 77 of the Penal Code (dissemination of propaganda for certain purposes; acts jeopardizing public safety, etc.) and sections 130–135 and 137–139 of the Penal Code (offences against persons occupying various public offices), which provide for prison sentences involving the obligation to work.

–      Section 3 of Act No. 61/233 governing associations in the Central African Republic read in conjunction with section 12. Under 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. Under section 3 of this Act, any association which is “of such a nature as to give rise to political disturbances or cast discredit on political institutions and their functioning” shall be null and void.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1, subparagraph d, of the Convention. Requisitioning of civil service workers in the event of a strike. The Committee recalls that powers of requisition of striking civil service workers authorized by Ordinance No. 81/028, concerning the regulation of the right to strike in the public service, are defined too broadly. Section 11, in effect, authorizes the Government to undertake “a requisition of striking workers, with a view to coping with a national necessity or when the public interest requires it or is seriously threatened, in order to ensure the continuity of public services”. As the Committee has pointed out under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), powers of requisition must be confined to essential services in the strict sense of the term; that is, to those the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in the case of an acute national crisis. Inasmuch as striking workers who refuse to comply with a requisition order are criminally liable (section 12 of the Ordinance), the Committee requested the Government to specify the nature of the sanctions to which they could be subjected. The Committee notes the Government’s indication in this regard that there have been no cases in which any sanctions have been imposed. Taking into account the fact that the legislation defines the powers of requisition too broadly, the Committee requests the Government to indicate the measures taken to ensure that section 12 of Ordinance No. 81/028, which allows for striking civil service workers who refuse to comply with an order of requisition to be made criminally liable, is not in practice used by the courts to punish these workers with a prison sentence.

Communication of legislation. The Committee once again requests the Government to provide a copy of the general statute on the public service, as well as of legislative texts concerning freedom of assembly and demonstration.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

Article 1(a) of the Convention. Imposition of imprisonment involving an obligation to work as a sanction for expressing political views or views ideologically opposed to the established political, social and economic system. 1. In its previous comments, the Committee recalled that the Convention prohibits to impose sanctions involving an obligation to perform labour, including compulsory prison labour, on persons who, without having recourse to violence, hold or express political views, or views ideologically opposed to the established political, social or economic system. Considering that section 62 of Order No. 2772, of 18 August 1955, regulating the functioning of penal institutions and the work of detainees, provides for the obligation to work in prison, prison sentences imposed on persons who express certain political opinions or their opposition to the established system will have an impact on the application of the Convention.

In this context, the Committee has been drawing for many years the Government’s attention to the need to amend or repeal the provisions of Act No. 60/169 of 12 December 1960 (dissemination of prohibited publications liable to prejudice the development of the Central African nation) and Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news of foreign origin not approved by the censorship authority), which provide for sentences of imprisonment that involve compulsory labour. The Committee notes that, according to the concluding observations of the United Nations Human Rights Committee on the Application of the International Covenant on Civil and Political Rights by Central African Republic, Order No. 05.002 of 22 February 2005, promulgating the Freedom of the Press and Communication (Organization) Act, is likely to decriminalize press offences. The Committee notes that the “Committee nevertheless observes with concern that many journalists have been subjected to pressure, intimidation or acts of aggression, and even imprisonment” (Document CCPR/C/CAF/CO/2 of 27 July 2006). The Committee asks the Government to provide a copy of Order No. 05.002 promulgating the Freedom of the Press and Communication (Organization) Act and to indicate whether this new legislation has repealed Act No. 60/169 of 12 December 1960 and Order No. 3-MI of 25 April 1969. If not, please indicate the progress made in the process of repealing of these texts, to which the Government has been referring for a long time. Finally, the Committee would be grateful if the Government would indicate the legal provisions under which journalists have been imprisoned and the charges.

2. In order to ascertain that no sentences involving the obligation to work are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system, the Committee needs to be able to assess the scope of the provisions mentioned below and to this end it would be grateful if the Government would provide copies of any court decisions handed down under these provisions:

(i)    Section 77 of the Penal Code (dissemination of propaganda for certain purposes; acts jeopardizing public safety, etc.) and sections 130–135 and
137–139 of the Penal Code (offences against persons occupying various public offices), which provide for prison sentences involving the obligation to work.

(ii)   Section 3 of Act No. 61/233 governing associations in the Central African Republic read in conjunction with section 12. Under 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. Under section 3 of this Act, any association which is “of such a nature as to give rise to political disturbances or cast discredit on political institutions and their functioning” shall be null and void.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

1. Article 1(d) of the Convention. Imposition of sentences of imprisonment in cases of collective resignations by civil service workers. In its previous comments, the Committee requested the Government to provide information that would allow it to assess the scope of section 87 of the Penal Code, under the terms of which civil service workers who decide to take concerted action to submit their resignations, and where such action has the purpose or effect of impeding or suspending either the administration of justice or the fulfilment of any service, are liable to one to ten years of imprisonment. The Committee notes the Government’s indication according to which there have been no cases of penalties being imposed under this provision.

(b) Requisitioning of civil service workers in the event of a strike. The Committee recalls that powers of requisition of striking civil service workers authorized by Ordinance No. 81/028, concerning the regulation of the right to strike in the public service, are defined too broadly. Section 11, in effect, authorizes the Government to undertake “a requisition of striking workers, with a view to coping with a national necessity or when the public interest requires it or is seriously threatened, in order to ensure the continuity of public services”. As the Committee has pointed out under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), powers of requisition must be confined to essential services in the strict sense of the term; that is, to those the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in the case of an acute national crisis. Inasmuch as striking workers who refuse to comply with a requisition order are criminally liable (section 12 of the Ordinance), the Committee requested the Government to specify the nature of the sanctions to which they could be subjected. The Committee notes the Government’s indication in this regard that there have been no cases in which any sanctions have been imposed. Taking into account the fact that the legislation defines the powers of requisition too broadly, the Committee requests the Government to indicate the measures taken to ensure that section 12 of Ordinance No. 81/028, which allows for striking civil service workers who refuse to comply with an order of requisition to be made criminally liable, is not in practice used by the courts to punish these workers with a prison sentence.

Communication of legislation. The Committee once again requests the Government to provide a copy of the general statute on the public service, as well as of legislative texts concerning freedom of assembly and demonstration.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(a) of the Convention. Imposition of imprisonment involving an obligation to work as a sanction for expressing political views or views ideologically opposed to the established political, social and economic system.

1. In its previous comments, the Committee recalled that the Convention prohibits to impose sanctions involving an obligation to perform labour, including compulsory prison labour, on persons who, without having recourse to violence, hold or express political views, or views ideologically opposed to the established political, social or economic system. Considering that section 62 of Order No. 2772, of 18 August 1955, regulating the functioning of penal institutions and the work of detainees, provides for the obligation to work in prison, prison sentences imposed on persons who express certain political opinions or their opposition to the established system will have an impact on the application of the Convention.

In this context, the Committee has been drawing for many years the Government’s attention to the need to amend or repeal the provisions of Act No. 60/169 of 12 December 1960 (dissemination of prohibited publications liable to prejudice the development of the Central African nation) and Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news of foreign origin not approved by the censorship authority), which provide for sentences of imprisonment that involve compulsory labour. The Committee notes that, according to the concluding observations of the United Nations Human Rights Committee on the Application of the International Covenant on Civil and Political Rights by Central African Republic, Order No. 05.002 of 22 February 2005, promulgating the Freedom of the Press and Communication (Organization) Act, is likely to decriminalize press offences. The Committee notes that the “Committee nevertheless observes with concern that many journalists have been subjected to pressure, intimidation or acts of aggression, and even imprisonment” (Document CCPR/C/CAF/CO/2 of 27 July 2006). The Committee asks the Government to provide a copy of Order No. 05.002 promulgating the Freedom of the Press and Communication (Organization) Act and to indicate whether this new legislation has repealed Act No. 60/169 of 12 December 1960 and Order No. 3-MI of 25 April 1969. If not, please indicate the progress made in the process of repealing of these texts, to which the Government has been referring for a long time. Finally, the Committee would be grateful if the Government would indicate the legal provisions under which journalists have been imprisoned and the charges.

2. In order to ascertain that no sentences involving the obligation to work are imposed on persons who, without having recourse to violence, express political opinions or views opposed to the established political, social or economic system, the Committee needs to be able to assess the scope of the provisions mentioned below and to this end it would be grateful if the Government would provide copies of any court decisions handed down under these provisions.

(i) Section 77 of the Penal Code (dissemination of propaganda for certain purposes; acts jeopardizing public safety, etc.) and sections 130–135 and 137–139 of the Penal Code (offences against persons occupying various public offices), which provide for prison sentences involving the obligation to work.

(ii) Section 3 of Act No. 61/233 governing associations in the Central African Republic read in conjunction with section 12. Under 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. Under section 3 of this Act, any association which is “of such a nature as to give rise to political disturbances or cast discredit on political institutions and their functioning” shall be null and void.s

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that a report will include full information on the following matters raised in its previous direct request:

1. Article 1(d) of the Convention. Imposition of sentences of imprisonment as a punishment for having participated in strikes. (a) The Committee has noted that, under section 87 of the Penal Code, public officials who intentionally decide to submit resignations, of which the object or effect is to prevent or suspend either the administration of justice or the provision of any service whatsoever, shall be liable to sentences of imprisonment of from one to ten years. The Committee requests the Government to provide information on the application in practice of section 87 of the Penal Code, as well as any court decision handed down under this provision, so that it can assess its scope.

(b) Requisitioning of officials in the event of a strike. The Committee notes that section 11 of Ordinance No. 81/028, regulating the right to strike in public services, authorizes the Government to resort to the “requisitioning of strikers to provide for the needs of the nation or when the general interest so requires or is under serious threat for the maintenance of public services”. Under section 12 of this Ordinance, strikers who refuse to comply with a requisition order are held criminally liable. The Committee notes that the powers of requisitioning, as set out in section 11, which limit or prohibit the right of public officials to strike, are defined too broadly. It recalls in this regard that the power of requisitioning must be confined to essential services in the strict sense of the term, that is those the interruption of which would endanger the life or well-being of the whole or part of the population – a point which has also been raised by the Committee in its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). With regard to section 12 of Ordinance No. 81/028, the Committee requests the Government to indicate the penalties imposed in the event of refusal to comply with a requisition order and to provide copies of any court decisions handed down under this provision.

2. The Committee requests the Government to provide copies of the texts of laws or regulations concerning freedom of assembly and demonstration, freedom of the press, and general conditions of the public service.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following matters.

The Committee has previously noted the Government’s indications that the process of reform of the penal legislation, undertaken in cooperation with the United Nations Peace-Building Office in the Central African Republic (BONUCA), has been suspended pending the installation of new Central African authorities. The Government has added that it will make every effort possible to revise the texts referred to by the Committee in its previous comments. The Committee has taken note of this information. It noted that the 2004 Constitution guarantees, inter alia, the freedoms of expression, assembly and association (articles 8, 12 and 13). Nevertheless, the Committee would like to reiterate the points to which it has previously drawn the Government’s attention.

Article 1(a) of the Convention. Imposition of imprisonment involving
an obligation to work as a sanction for expressing political views or views ideologically opposed to the established political, social and economic order

1. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal the provisions of Act No. 60/169 of 12 December 1960 (dissemination of prohibited publications liable to prejudice the development of the Central African nation) and Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news of foreign origin not approved by the censorship authority) which provide for sentences of imprisonment that involve compulsory labour by virtue of section 62 of Order No. 2772, of 18 August 1955, regulating the functioning of penal institutions and the work of detainees. The Committee asks the Government to provide information on the measures taken with a view to amending or repealing the abovementioned provisions.

2. Furthermore, the Committee once again requests the Government to provide information on the application in practice of the provisions mentioned below, so that it will be able to assess their scope and ensure that they have no relevance to the application of the Convention. The Committee also asks the Government to supply a copy of any court decisions handed down under these provisions.

(i)     Section 77 of the Penal Code (dissemination of propaganda for certain purposes; actions of such a type as to jeopardize public safety, etc.) and sections 130 to 135 and 137 to 139 of the Penal Code (offences against persons occupying various public offices), which provide for prison sentences involving the obligation to work.

(ii)    Article 3 of Act No. 61/233 governing associations in the Central African Republic read in conjunction with article 12. Under article 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. Under article 3 of this Act any association which is “of a nature to give rise to political disturbance or cast discredit on political institutions and their functioning” shall be null and void.

The Committee recalls in this regard that, in most cases, work imposed on persons as a consequence of a conviction in a court of law has no relevance to the application of the Convention. On the other hand, if a person is in any way forced to work because she or he holds or has expressed particular political views, or views ideologically opposed to the established political, social or economic system, the situation is covered by the Convention. Furthermore, the Committee has already emphasized the importance, for the effective observance of the Convention, of legal guarantees regarding the rights of assembly, expression, protest and association, and the direct implications that restriction of these rights may have on the application of the Convention. The Committee hopes that the Government will take all necessary measures to ensure that no sentence involving the obligation to work is imposed as a result of the expression of political opinions or views opposed to the established political, social or economic system, in so far as these are expressed without recourse to violence.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Referring to its observation, the Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following matters.

1. Article 1(d) of the Convention. Imposition of sentences of imprisonment as a punishment for having participated in strikes. (a) The Committee has noted that, under section 87 of the Penal Code, public officials who intentionally decide to submit resignations, of which the object or effect is to prevent or suspend either the administration of justice or the provision of any service whatsoever, shall be liable to sentences of imprisonment of from one to ten years. The Committee requests the Government to provide information on the application in practice of section 87 of the Penal Code, as well as any court decision handed down under this provision, so that it can assess its scope.

(b) Requisitioning of officials in the event of a strike. The Committee notes that section 11 of Ordinance No. 81/028, regulating the right to strike in public services, authorizes the Government to resort to the "requisitioning of strikers to provide for the needs of the nation or when the general interest so requires or is under serious threat for the maintenance of public services". Under section 12 of this Ordinance, strikers who refuse to comply with a requisition order are held criminally liable. The Committee notes that the powers of requisitioning, as set out in section 11, which limit or prohibit the right of public officials to strike, are defined too broadly. It recalls in this regard that the power of requisitioning must be confined to essential services in the strict sense of the term, that is those the interruption of which would endanger the life or well-being of the whole or part of the population - a point which has also been raised by the Committee in its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). With regard to section 12 of Ordinance No. 81/028, the Committee requests the Government to indicate the penalties imposed in the event of refusal to comply with a requisition order and to provide copies of any court decisions handed down under this provision.

2. The Committee requests the Government to provide copies of the texts of laws or regulations concerning freedom of assembly and demonstration, freedom of the press, and general conditions of the public service.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

In response to the previous comments of the Committee, the Government indicates that the process of reform of the penal legislation, undertaken in cooperation with the United Nations Peace-Building Office in the Central African Republic (BONUCA), has been suspended pending the installation of new Central African authorities. The Government adds that it will make every effort possible to revise the texts referred to by the Committee in its previous comments. The Committee takes note of this information. It notes with interest that the 2004 Constitution guarantees, inter alia, the freedoms of expression, assembly and association (articles 8, 12 and 13). Nevertheless, the Committee would like to reiterate the points to which it has previously drawn the Government’s attention.

Article 1(a) of the Convention. Imposition of imprisonment involving
 an obligation to work as a sanction for expressing political views or views ideologically opposed to the established political, social and economic order

1. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal the provisions of Act No. 60/169 of 12 December 1960 (dissemination of prohibited publications liable to prejudice the development of the Central African nation) and Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news of foreign origin not approved by the censorship authority) which provide for sentences of imprisonment that involve compulsory labour by virtue of section 62 of Order No. 2772, regulating the functioning of penal institutions and the work of detainees. The Committee asks the Government to provide information on the measures taken with a view to amending or repealing the abovementioned provisions.

2. Furthermore, the Committee once again requests the Government to provide information on the application in practice of the provisions mentioned below, so that it will be able to assess their scope and ensure that they have no relevance to the application of the Convention. The Committee also asks the Government to supply a copy of any court decisions handed down under these provisions.

(i)  Section 77 of the Penal Code (dissemination of propaganda for certain purposes; actions of such a type as to jeopardize public safety, etc.) and sections 130 to 135 and 137 to 139 of the Penal Code (offences against persons occupying various public offices), which provide for prison sentences involving the obligation to work.

(ii)  Article 3 of Act No. 61/233 governing associations in the Central African Republic read in conjunction with article 12. Under article 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. Under article 3 of this Act any association which is "of a nature to give rise to political disturbance or cast discredit on political institutions and their functioning" shall be null and void.

The Committee recalls in this regard that, in most cases, work imposed on persons as a consequence of a conviction in a court of law has no relevance to the application of the Convention. On the other hand, if a person is in any way forced to work because she or he holds or has expressed particular political views, or views ideologically opposed to the established political, social or economic system, the situation is covered by the Convention. Furthermore, the Committee has already emphasized the importance, for the effective observance of the Convention, of legal guarantees regarding the rights of assembly, expression, protest and association, and the direct implications that restriction of these rights may have on the application of the Convention. The Committee hopes that the Government will take all necessary measures to ensure that no sentence involving the obligation to work is imposed as a result of the expression of political opinions or views opposed to the established political, social or economic system, in so far as these are expressed without recourse to violence.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request.

1. Article 1(d) of the Convention. Resignation of public officials. The Committee notes that, according to section 87 of the Penal Code, public officials who after deliberation decide to submit resignations of which the object or effect is to prevent or suspend either the administration of justice or the provision of any service whatsoever shall be liable to sentences of imprisonment of from one to ten years. The Committee requests the Government to provide information on the application of section 87 in practice, as well as any court decision handed down under this provision, so that it can assess its scope and conformity with the Convention.

2. Article 1(d) of the Convention. Requisitioning of officials in the event of a strike. The Committee notes that section 11 of Ordinance No. 81/028, regulating the right to strike in public services, authorizes the Government to proceed to the "requisitioning of strikers to provide for the needs of the nation, or when the general interest so requires or is under serious threat for the maintenance of public services". Under section 12 of Act No. 81/028, strikers who refuse to comply with a requisition order are held penally responsible. The Committee notes that the powers of requisitioning, as set out in section 11, which limit or prohibit the right of public officials to strike are worded too broadly. It recalls that the power of requisitioning must be confined to essential services in the strict sense of the term, that is those the interruption of which would endanger the life or well-being of the whole or part of the population (paragraph 545 of the Digest of decisions and principles of the Committee on Freedom of Association). The Committee recalls that it had already raised the above point in an observation relating to Convention No. 87 and that the Government indicated in its latest report on Convention No. 87 that the Council of Ministers would examine the matter very soon.

With regard to section 12 of Act No. 81/028, the Committee requests the Government to indicate the penalties imposed in the event of refusal to comply with a requisition order and to provide copies of any court decisions handed down under this provision.

3. The Committee requests the Government to provide copies of laws and regulations respecting the following points:

-  freedom of assembly and demonstration;

-  freedom of the press;

-  the structure and organization of the national defence forces; and

-  Ordinance No. 93.008 of 14 June 1993 issuing the general conditions of service of the public service, and Act No. 99.016 amending and supplementing the provisions of Ordinance No. 93.008.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes, according to the information provided by the Central African delegation to the United Nations Human Rights Commission in July 2004, that a reform of the Penal Code and the Code of Penal Procedure, which date from independence, has been under way since 2002 in cooperation with the United Nations Peace-Building Office in the Central African Republic (BUNOCA). The Committee requests the Government to provide fuller information on the process of reforming the penal legislation and, as appropriate, to provide copies of the texts adopted. It hopes that on this occasion, the Government will take into account the following comments.

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat the matters raised in its previous observation.

Article 1(a) of the Convention. 1. In its previous observations, the Committee noted that sentences of imprisonment involving compulsory labour may be imposed under the provisions of Act No. 60/169 of 12 December 1960 (dissemination of prohibited publications liable to prejudice the development of the Central African nation) and Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news of foreign origin not approved by the censorship authority). The Committee had requested the Government to amend or repeal the legislation in question and to provide copies of the new provisions adopted. The Committee noted the information to the effect that the Committee’s comments on the above laws had been transmitted to the Minister of Communication. However, the Government did not indicate whether Act No. 60/169 and Order No. 3-MI had been amended. The Committee expresses the firm hope that the Government’s next report will indicate the measures taken or envisaged to ensure compliance with the Convention.

2. With regard to freedom of expression, in earlier comments the Committee had requested the Government to provide information on the application in practice of certain provisions enumerated below with a view to ensuring that they are in conformity with the Convention:

(i)  section 77 of the Penal Code (dissemination of propaganda for certain purposes, acts such as to jeopardize public security, etc.); and

(ii)  sections 130 to 135 and 137 to 139 of the Penal Code (offences against persons occupying various public offices).

The Committee had noted that these provisions of the Penal Code provide for sentences of imprisonment involving the obligation to work, in accordance with section 62 of Order No. 2772 of 18 August 1955, issuing regulations respecting the operation of prison establishments and work by detainees. With reference to paragraph 105 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of the Convention. On the other hand, if a person is in any way forced to work because she or he holds or has expressed particular political views, the situation is covered by the Convention.

With regard to freedom of association, the Committee also noted that sentences of imprisonment involving the obligation to work may be imposed under section 12 of Act No. 61/233 governing associations in the Central African Republic and section 62 of Order No. 2772, issuing regulations respecting prison labour. It notes that section 3 of Act No. 61/233 sets certain limits to the right of association and provides that any association which is "of a nature to give rise to political disturbance or cast discredit on political institutions and their functioning" shall be null and void. Section 12 of the above Act provides that 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.

The Committee recalls that the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The protection provided by the Convention is not restricted to activities expressing or displaying opinions different from established principles. Consequently, if certain activities are directed towards the introduction of fundamental changes to the institutions of the State, this does not constitute a reason for considering them to fall outside the protection provided by the Convention, as long as the use of, or incitation to, violence is not made in arriving at the desired result. The Committee also observes the importance, for the effective respect of the Convention, of legal guarantees regarding the rights of assembly, of expression, to demonstration and association, and the direct incidence that restriction of these rights may have on the application of the Convention. Indeed, it is often in the exercise of these rights that political opposition to the established order may show itself. The Committee requests the Government to take the necessary measures to ensure that no sentence involving the obligation to work is imposed as a result of the expression of political opinions and to provide information on the measures that have been taken or are envisaged in this respect. While awaiting the adoption of the above measures, it requests the Government to provide information on the effect given in practice to sections 77, 130 to 135 and 137 to 139 of the Penal Code, and sections 3 and 12 of Act No. 61/233, and to provide copies of any court decisions handed down under these provisions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

1. Article 1(d) of the Convention. Resignation of public officials. The Committee notes section 87 of the Penal Code, which provides that:

Public officials who after deliberation decide to submit resignations of which the object or effect is to prevent or suspend either the administration of justice or the provision of any service whatsoever shall be liable to sentences of imprisonment of from one to ten years.

The Committee requests the Government to provide information on the application of section 87 in practice, as well as any court decision handed down under this provision, so that it can assess its scope and conformity with the Convention.

2. Article 1(d) of the Convention. Requisitioning of officials in the event of a strike. The Committee notes that section 11 of Ordinance No. 81/028, regulating the right to strike in public services, authorizes the Government to proceed to the "requisitioning of strikers to provide for the needs of the nation, or when the general interest so requires or is under serious threat for the maintenance of public services". The Committee also notes that, under section 12 of Act No. 81/028, strikers who refuse to comply with a requisition order are held penally responsible.

The Committee notes that the powers of requisitioning, as set out in section 11, which limit or prohibit the right of public officials to strike are worded too broadly. It recalls that the power of requisitioning must be confined to essential services in the strict sense of the term, that is those the interruption of which would endanger the life or well-being of the whole or part of the population (paragraph 545 of the Digest of decisions and principles of the Committee on Freedom of Association). The Committee recalls that it had already raised the above point in an observation relating to Convention No. 87 and that the Government indicated in its latest report on Convention No. 87 that the Council of Ministers would examine the matter very soon.

With regard to section 12 of Act No. 81/028, the Committee requests the Government to indicate the penalties imposed in the event of refusal to comply with a requisition order and to provide copies of any court decisions handed down under this provision.

3. The Committee requests the Government to provide copies of laws and regulations respecting the following points:

-  freedom of assembly and demonstration;

-  freedom of the press;

-  the structure and organization of the national defence forces; and

-  Ordinance No. 93.008 of 14 June 1993 issuing the general conditions of service of the public service, and Act No. 99.016 amending and supplementing the provisions of Ordinance No. 93.008.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report.

Article 1(a) of the Convention. 1. In its previous observations, the Committee noted that sentences of imprisonment involving compulsory labour may be imposed under the provisions of Act No. 60/169 of 12 December 1960 (dissemination of prohibited publications liable to prejudice the development of the Central African nation) and Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news of foreign origin not approved by the censorship authority). The Committee had requested the Government to amend or repeal the legislation in question and to provide copies of the new provisions adopted. The Committee also notes the information contained in the Government’s latest report to the effect that the Committee’s comments on the above laws have been transmitted to the Minister of Communication.

The Committee notes that the Government’s latest report does not indicate whether Act No. 60/169 and Order No. 3-MI have been amended. The Committee expresses the firm hope that the Government’s next report will indicate the measures taken or envisaged to ensure compliance with the Convention.

2. With regard to freedom of expression, in earlier comments the Committee had requested the Government to provide information on the application in practice of certain provisions enumerated below with a view to ensuring that they are in conformity with the Convention:

(i)  section 77 of the Penal Code (dissemination of propaganda for certain purposes, acts such as to jeopardize public security, etc.); and

(ii)  sections 130 to 135 and 137 to 139 of the Penal Code (offences against persons occupying various public offices).

The Committee had noted that these provisions of the Penal Code provide for sentences of imprisonment involving the obligation to work, in accordance with section 62 of Order No. 2772 of 18 August 1955, issuing regulations respecting the operation of prison establishments and work by detainees. With reference to paragraph 105 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that, in most cases, labour imposed on persons as a consequence of a conviction in a court of law will have no relevance to the application of the Convention. On the other hand, if a person is in any way forced to work because she or he holds or has expressed particular political views, the situation is covered by the Convention.

With regard to freedom of association, the Committee also notes that sentences of imprisonment involving the obligation to work may be imposed under section 12 of Act No. 61/233 governing associations in the Central African Republic and section 62 of Order No. 2772, issuing regulations respecting prison labour. It notes that section 3 of Act No. 61/233 sets certain limits to the right of association and provides that any association which is "of a nature to give rise to political disturbance or cast discredit on political institutions and their functioning" shall be null and void. Section 12 of the above Act provides that 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.

The Committee recalls that the Convention prohibits the use of any form of forced or compulsory labour, including compulsory prison labour, as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system.

The Committee also recalls that the protection provided by the Convention is not restricted to activities expressing or displaying opinions different from established principles. Consequently, if certain activities are directed towards the introduction of fundamental changes to the institutions of the State, this does not constitute a reason for considering them to fall outside the protection provided by the Convention, as long as the use of, or incitation to, violence is not made in arriving at the desired result.

The Committee also observes the importance, for the effective respect of the Convention, of legal guarantees regarding the rights of assembly, of expression, to demonstration and association, and the direct incidence that restriction of these rights may have on the application of the Convention. Indeed, it is often in the exercise of these rights that political opposition to the established order may show itself.

The Committee requests the Government to take the necessary measures to ensure that no sentence involving the obligation to work is imposed as a result of the expression of political opinions and to provide information on the measures that have been taken or are envisaged in this respect. While awaiting the adoption of the above measures, it requests the Government to provide information on the effect given in practice to sections 77, 130 to 135 and 137 to 139 of the Penal Code, and sections 3 and 12 of Act No. 61/233, and to provide copies of any court decisions handed down under these provisions.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

  Article 1(a) of the Convention.  In its previous comments, the Committee drew the Government’s attention to the provisions of Act No. 60/169 (dissemination of prohibited publications) and of Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news that has not been approved by the censorship authority) which provides for terms of imprisonment - including compulsory work - for the expression of political opinions. It noted with interest the entry into force in 1995 of the new Constitution which guarantees freedom of the press (article 13) and asked the Government to indicate whether Act No. 60/169 and Order No. 3-MI had been repealed or amended.

The Committee has noted that the last report of the Government, which was received in 1997, contained no reply on this point. However, it has noted the information according to which persons who express political opinions or their ideological opposition to the established political, social or economic order cannot be compelled to do forced or compulsory labour under the terms of the new Constitution of 14 January 1995.

The Committee hopes that the Government in its next report will state whether Act No. 60/169 and Order No. 3-MI have been amended or repealed and that it will communicate, as appropriate, a copy of any new provisions that have been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. In its previous comments, the Committee drew the Government's attention to the provisions of Act No. 60/169 (dissemination of prohibited publications) and of Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news that has not been approved by the censorship authority) which provides for terms of imprisonment - including compulsory work - for the expression of political opinions. It noted with interest the entry into force in 1995 of the new Constitution which guarantees freedom of the press (article 13) and asked the Government to indicate whether Act No. 60/169 and Order No. 3-MI had been repealed or amended. The Committee notes that the last report of the Government, which was received in 1997, contained no reply on this point. However, it notes the information according to which persons who express political opinions or their ideological opposition to the established political, social or economic order cannot be compelled to do forced or compulsory labour under the terms of the new Constitution of 14 January 1995. The Committee hopes that the Government in its next report will state whether Act No. 60/169 and Order No. 3-MI have been amended or repealed and that it will communicate, as appropriate, a copy of any new provisions that have been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report.

Article 1(a) of the Convention. In its previous comments, the Committee drew the Government's attention to the provisions of Act No. 60/169 (dissemination of prohibited publications) and of Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news that has not been approved by the censorship authority) which provides for terms of imprisonment -- including compulsory work -- for the expression of political opinions. It noted with interest the entry into force in 1995 of the new Constitution which guarantees freedom of the press (article 13) and asked the Government to indicate whether Act No. 60/169 and Order No. 3-MI had been repealed or amended.

The Committee notes that the last report of the Government, which was received in 1997, contained no reply on this point. However, it notes the information according to which persons who express political opinions or their ideological opposition to the established political, social or economic order cannot be compelled to do forced or compulsory labour under the terms of the new Constitution of 14 January 1995.

The Committee hopes that the Government in its next report will state whether Act No. 60/169 and Order No. 3-MI have been amended or repealed and that it will communicate, as appropriate, a copy of any new provisions that have been adopted.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the coming into force in 1995 of a new Constitution which guarantees, inter alia, the freedoms of expression, assembly and association.

In its previous comments, the Committee noted that sentences of imprisonment involving compulsory labour could be imposed under the provisions of Act No. 60/169 (dissemination of banned publications) and Order No. 3-MI of 25 April 1969 (dissemination of foreign periodicals or news that has not been approved by the censor).

The Committee notes that by virtue of Article 13 of the new Constitution, the freedom of the press is recognized and guaranteed and that it is exercised under the conditions established by law. It also notes that by virtue of Article 12, associations, societies and establishments whose activities are contrary to public order and the unity of the Central African people are prohibited.

The Committee requests the Government to indicate whether Act No. 60/169 and Order No. 3-MI have been formally repealed and, if so, to supply a copy of the legislation repealing the above texts.

The Committee also requests the Government to supply copies of the legislation adopted under Article 13 (freedom of the press) and Article 12 (freedom of association) of the new Constitution.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request:

The Committee noted previously that the preamble to the Constitution of November 1986 provides that the right to come and go, to express oneself and to assemble in public is freely exercised in accordance with applicable laws and regulations. It again requests the Government to supply copies of the relevant laws and regulations that are in force in this respect.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. In the comments that it has been making for many years, the Committee has noted that sentences of imprisonment involving compulsory labour may be imposed under the following legislative provisions: - Act. No. 63/411 of 17 May 1963 (political activities undertaken outside the "MESAN" national movement); - Act No. 60/199 of 12 December 1960 (dissemination of publications that are banned on the grounds that they are likely to prejudice the edification of the Central African nation); - Order No. 3-MI of 25 April 1969 and Decree No. 70/238 of 19 September 1970 (dissemination of foreign periodicals or news that has not been approved by the censor). The Committee noted the repeated indications of the Government that draft amendments to these texts had been submitted to the competent national authorities with a view to their adoption and that, furthermore, the provisions of Act No. 63/411 of 17 May 1963 had fallen into abeyance following the automatic dissolution of the MESAN. The Committee noted, however, that, by virtue of article 3 of the new Constitution, adopted in 1986, the Central African Democratic Assembly was the sole party and it also noted that penalties of imprisonment were laid down in section 4 of the above-mentioned Act No. 63/411 of 17 May 1963 for any person "who establishes or attempts to establish a party, movement, group, association or organization of a political nature". The Committee noted the Government's repeated statement that draft texts were before the competent national authorities with a view to their adoption. It expressed the hope that, in the near future, the Government would report on the measures adopted to ensure that sentences of imprisonment involving compulsory labour may not be imposed on persons who establish or attempt to establish a party, movement, group, association or organization of a political nature outside the sole party (Central African Democratic Assembly), including measures taken to repeal the provisions of Act No. 63/411 and the other texts referred to in its comments, in order to ensure observance of the Convention, and that the Government will provide the relevant texts.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request:

The Committee noted previously that the preamble to the Constitution of November 1986 provides that the right to come and go, to express oneself and to assemble in public is freely exercised in accordance with applicable laws and regulations. It again requests the Government to supply copies of the relevant laws and regulations that are in force in this respect.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. In the comments that it has been making for many years, the Committee has noted that sentences of imprisonment involving compulsory labour may be imposed under the following legislative provisions: - Act. No. 63/411 of 17 May 1963 (political activities undertaken outside the "MESAN" national movement); - Act No. 60/199 of 12 December 1960 (dissemination of publications that are banned on the grounds that they are likely to prejudice the edification of the Central African nation); - Order No. 3-MI of 25 April 1969 and Decree No. 70/238 of 19 September 1970 (dissemination of foreign periodicals or news that has not been approved by the censor). The Committee noted the repeated indications of the Government that draft amendments to these texts had been submitted to the competent national authorities with a view to their adoption and that, furthermore, the provisions of Act No. 63/411 of 17 May 1963 had fallen into abeyance following the automatic dissolution of the MESAN. The Committee noted, however, that, by virtue of article 3 of the new Constitution, adopted in 1986, the Central African Democratic Assembly was the sole party and it also noted that penalties of imprisonment were laid down in section 4 of the above-mentioned Act No. 63/411 of 17 May 1963 for any person "who establishes or attempts to establish a party, movement, group, association or organization of a political nature". The Committee noted the Government's repeated statement that draft texts were before the competent national authorities with a view to their adoption. It expressed the hope that, in the near future, the Government would report on the measures adopted to ensure that sentences of imprisonment involving compulsory labour may not be imposed on persons who establish or attempt to establish a party, movement, group, association or organization of a political nature outside the sole party (Central African Democratic Assembly), including measures taken to repeal the provisions of Act No. 63/411 and the other texts referred to in its comments, in order to ensure observance of the Convention, and that the Government will provide the relevant texts.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee noted previously that the preamble to the Constitution of November 1986 provides that the right to come and go, to express oneself and to assemble in public is freely exercised in accordance with applicable laws and regulations. It again requests the Government to supply copies of the relevant laws and regulations that are in force in this respect.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

Article 1(a) of the Convention. In the comments that it has been making for many years, the Committee has noted that sentences of imprisonment involving compulsory labour may be imposed under the following legislative provisions: - Act. No. 63/411 of 17 May 1963 (political activities undertaken outside the "MESAN" national movement); - Act No. 60/199 of 12 December 1960 (dissemination of publications that are banned on the grounds that they are likely to prejudice the edification of the Central African nation); - Order No. 3-M1 of 25 April 1969 and Decree No. 70/238 of 19 September 1970 (dissemination of foreign periodicals or news that has not been approved by the censor). The Committee has noted the repeated indications of the Government that draft amendments to these texts have been submitted to the competent national authorities with a view to their adoption and that, furthermore, the provisions of Act No. 63/411 of 17 May 1963 have fallen into abeyance following the automatic dissolution of the MESAN. The Committee noted, however, that, by virtue of article 3 of the new Constitution, adopted in 1986, the Central African Democratic Assembly was the sole party and it also noted that penalties of imprisonment were laid down in section 4 of the above-mentioned Act No. 63/411 of 17 May 1963 for any person "who establishes or attempts to establish a party, movement, group, association or organisation of a political nature". The Committee noted the Government's repeated statement that draft texts were before the competent national authorities with a view to their adoption. It expressed once again the hope that, in the near future, the Government would report on the measures adopted to ensure that sentences of imprisonment involving compulsory labour may not be imposed on persons who establish or attempt to establish a party, movement, group, association or organisation of a political nature outside the sole party (Central African Democratic Assembly), including measures taken to repeal the provisions of Act No. 63/411 and the other texts referred to in its comments, in order to ensure observance of the Convention, and that the Government will provide the relevant texts.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee noted previously that the preamble to the Constitution of November 1986 provides that the right to come and go, to express oneself and to assemble in public is freely exercised in accordance with applicable laws and regulations. It again requests the Government to supply copies of the relevant laws and regulations that are in force in this respect.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 1(a) of the Convention. In the comments that it has been making for many years, the Committee has noted that sentences of imprisonment involving compulsory labour may be imposed under the following legislative provisions:

Act. No. 63/411 of 17 May 1963 (political activities undertaken outside the "MESAN" national movement);

- Act No. 60/199 of 12 December 1960 (dissemination of publications that are banned on the grounds that they are likely to prejudice the edification of the Central African nation);

- Order No. 3-M1 of 25 April 1969 and Decree No. 70/238 of 19 September 1970 (dissemination of foreign periodicals or news that has not been approved by the censor).

The Committee has noted the repeated indications of the Government that draft amendments to these texts have been submitted to the competent national authorities with a view to their adoption and that, furthermore, the provisions of Act No. 63/411 of 17 May 1963 have fallen into abeyance following the automatic dissolution of the MESAN.

The Committee noted, however, that, by virtue of article 3 of the new Constitution, adopted in 1986, the Central African Democratic Assembly is the sole party and it also noted that penalties of imprisonment are laid down in section 4 of the above-mentioned Act No. 63/411 of 17 May 1963 for any person "who establishes or attempts to establish a party, movement, group, association or organisation of a political nature".

The Committee notes the Government's repeated statement that draft texts are before the competent national authorities with a view to their adoption. It expresses once again the hope that, in the near future, the Government will report on the measures adopted to ensure that sentences of imprisonment involving compulsory labour may not be imposed on persons who establish or attempt to establish a party, movement, group, association or organisation of a political nature outside the sole party (Central African Democratic Assembly), including measures taken to repeal the provisions of Act No. 63/411 and the other texts referred to in its comments, in order to ensure observance of the Convention, and that the Government will provide the relevant texts.