Texts of pending comments

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the development of awareness-raising and training activities for the competent authorities in trafficking in persons. It requested the Government to indicate the measures taken to ensure the application in practice of the provisions of section 151 of the Penal Code, which criminalizes trafficking in persons.

The Committee notes the lack of information from the Government on this matter. It notes the information from the United Nations Office on Drugs and Crime (UNODC), available on its website, according to which no prosecutions or convictions of persons involved in trafficking have been brought since 2008. UNODC also indicates that there are 40 focal points for trafficking in persons who are trained in this area and appointed by the Government. A national action plan to combat trafficking in persons, together with a decree establishing a coordination mechanism against trafficking in persons, was signed on 13 March 2020. It sets out, inter alia, measures to promote the prosecution of perpetrators of trafficking in persons, such as the establishment of special hearings, the appointment of an investigating judge to this end, the training of magistrates and the creation of a database of jurisprudence. The Committee requests the Government to provide information on the measures taken to combat trafficking in persons, for the purpose of both labour and sexual exploitation, and to indicate the impact of the measures taken within the framework of the national action plan. The Committee requests the Government to continue taking measures to identify victims of trafficking and ensure that perpetrators are prosecuted and subject to really effective and dissuasive penalties.

2. Repeal of legal texts. Idleness, active population and imposition of compulsory activities. For many years, the Committee has been asking the Government to take the necessary steps to formally repeal the following provisions of the national legislation, which are contrary to the Convention inasmuch as they constitute a direct or indirect compulsion to work:

– Ordinance No. 66/004 of 8 January 1966 on the suppression of idleness, as amended by Ordinance No. 72/083 of 18 October 1972, under which any able-bodied person between 18 and 55 years of age who cannot prove that he or she is engaged in a normal activity providing for his or her subsistence or engaged in studies shall be considered to be idle and shall be liable to imprisonment of one to three years;
– Ordinance No. 66/038 of June 1966 on the supervision of the active population, under which any person between 18 and 55 years of age who cannot prove that he or she belongs to one of the eight categories of the active population shall be called up to cultivate land designated by the administrative authorities and shall also be considered a vagabond if apprehended outside his or her sub-prefecture of origin and shall be liable to imprisonment;
– Ordinance No. 75/005 of 5 January 1975 obliging all citizens to provide proof of the exercise of a commercial, agricultural or pastoral activity and rendering any person in breach of this provision liable to the most severe penalties;
– section 28 of Act No. 60/109 of 27 June 1960 on the development of the rural economy, under which minimum areas for cultivation are to be established for each rural community.

The Committee notes with regret the absence of information from the Government in this regard. Recalling that the Government has indicated on several occasions that these texts have fallen into disuse, the Committee urges it to take the necessary measures to formally repeal the abovementioned provisions of the legislation to prevent any legal ambiguity in the national legislative scheme.

Articles 1(1) and 2(1) of the Convention. 1. Requisitioning of labour and work in the public interest. In its previous comments, the Committee noted that the exceptions to forced labour specified in section 8 of the Labour Code include “any work or service performed pursuant to a requisitioning order” and also “any work or service in the public interest performed with the consent of the persons concerned”. The Committee requested the Government to indicate the conditions in which work in the public interest may be requisitioned, as well as the arrangements for carrying out such work.

The Government reiterates its indication that a regulatory text will cover requisitioning of the population to carry out work in the public interest. It specifies that where there is a need for community work, community group leaders are made aware of the development programmes and projects requiring voluntary adhesion to be requested of the population concerned. The Committee requests the Government to indicate how voluntary adhesion of the population is obtained in practice, in the case of requisitioning to carry out work in the public interest, and the consequences in the case of refusal to carry out this work. In addition, the Committee requests the Government to provide information on the type of work exacted in this context and the conditions in which it is carried out. Lastly, the Committee hopes that during the preparation of the decree regulating requisitioning to carry out work in the public interest the Government will take account of the limits within which the exceptions to forced labour are enshrined in Article 2(2) of the Convention concerning any work or service exacted in cases of emergency (clause (d)) or minor communal services (clause (e)).

2. Freedom of military personnel to leave their employment. The Committee previously noted the Government’s indication that military personnel are governed by special conditions of service within the exclusive remit of the President of the Republic. It requested the Government to indicate the applicable provisions regulating the right of members of the armed forces to end their contractual period of service on their own initiative.

The Government indicates that the special conditions of service governing members of the armed forces regulate activities specific to the national defence forces and provide for the establishment of a disciplinary council responsible for examining issues of resignation during peacetime. The Committee requests the Government to provide information on the criteria used by the disciplinary council for accepting or rejecting a request for resignation from career personnel of the armed forces during peacetime, and the time limit in which their request is examined. The Committee requests the Government to indicate the number of requests for resignation that have been refused, and the grounds for these refusals. It also requests it to provide copies of the applicable provisions in this area.

Article 1(1) and Article 2(1) of the Convention. Violations committed in the context of hostilities between armed groups. In its previous comments, the Committee expressed its deep concern at the persistent recourse to forced labour and sexual slavery by armed groups in the context of the conflict between the Government and these groups. The Committee noted the measures aimed at restoring peace and security in the country and the establishment of a truth and reconciliation commission and a special criminal court. It urged the Government to take the necessary measures to end the violence committed against civilians with the aim of subjecting them to forced labour, including sexual slavery, and to combat impunity of the perpetrators of these violations.

The Government indicates in its report that it is continuing its efforts to combat all forms of violence committed against civilians, including practices amounting to forced labour. It states that it has taken a number of security and legislative measures to address violence committed against civilians by armed groups, including the redeployment of the Central African armed forces to towns formerly occupied by armed groups to ensure adequate protection for civilians. The Government also indicates that hearings in the Criminal Court dedicated to rape cases (a punishable offence under section 87 of the Criminal Code) make it possible to criminally sanction, inter alia, perpetrators of rape who belong to armed groups.

The Committee notes this information. It also notes the signing on 6 February 2019 of the Political Agreement for Peace and Reconciliation in the Central African Republic (APPR-RCA) by the Government and 14 armed groups, with a view to a cessation of hostilities between the armed groups, and all abuse and violence against civilians. It also notes that, according to his report of 24 August 2020, covering the period from July 2019 to June 2020, the United Nations Independent Expert on the situation of human rights in the Central African Republic states that the deadline for concluding the disarmament and demobilization process set in this Agreement by the national authorities at the end of January 2020 was not met. The Independent Expert emphasizes that the parties to the conflict, in particular the armed groups, have reportedly been responsible for many cases of conflict-related sexual violence, including rape and sexual slavery. He states that victims are often reluctant to file a complaint for fear of reprisals and stigmatization. In addition, medical, judicial and psychosocial services have very limited capacity. While the Special Criminal Court has concluded investigations into some ten cases, the insecurity prevents access to the entire territory to conduct investigations, and the fact that hinterland courts are only partially operational remains a concern. In addition, the Independent Expert indicates that the Truth, Justice, Reparation and Reconciliation Commission (CVJRR), whose mandate is to work to promote truth, justice, reparation and guarantees of non-recurrence, in partnership with the Special Criminal Court is not yet fully operational (A/HRC/45/55, paragraphs 24, 47, 77, 78, 81). The Committee also notes that, in its concluding observations of 2020, the UN Human Rights Committee emphasizes that despite the introduction of a victim and witness protection scheme within the Special Criminal Court, the use of which is left to the discretion of judges, no measures have been taken to implement it (CCPR/C/CAF/CO/3, paragraph 9).

The Committee notes the joint public report of the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the United Nations Multidimensional Integrated Stabilisation Mission in the Central African Republic (MINUSCA) on violations of human rights and international humanitarian law in the Central African Republic during the electoral period, from July 2020 to June 2021, according to which the security situation in the country continues to deteriorate. This report also refers to abductions, rapes and sexual slavery on the part of the armed forces and armed groups (paragraphs 55, 80, 88). On 4 May 2021, a decree was issued establishing a Special Commission of Inquiry with a mandate to investigate allegations of serious violations of human rights and international humanitarian law committed by the national armed forces, internal security forces and other security personnel between December 2020 and April 2021 (paragraph 152). While recognizing the complexity of the situation in the country, including the political-security context that remains unstable and the presence of armed groups in the territory, the Committee urges the Government to continue its efforts to ensure that no one is subjected to any form of forced labor, including sexual slavery. In addition, the Committee firmly hopes that the Government will continue to take measures to increase the effectiveness of the remedies available to victims, including by operationalizing the abovementioned mechanisms and bringing the perpetrators of these crimes to justice. It requests the Government to provide information on any progress made in this regard.

Article 25. Application of adequate criminal penalties. The Committee previously noted that while the Labour Code prohibits the use of forced labour in all its forms, neither this Code nor the criminal legislation provide for criminal penalties for the exaction of forced labour (except for trafficking in persons). It requested the Government to take the necessary steps to ensure that the legislation contains provisions that enable the competent authorities to prosecute, judge and punish the perpetrators of all forms of forced labour, not only trafficking in persons.

The Government indicates that sections 8 and 9 of the draft revised Labour Code provide for the prohibition of forced or compulsory labour. The Committee notes this information and recalls that, under Article 25 of the Convention, really adequate and strictly enforced penalties must be imposed for the illegal exaction of forced labour. The Committee therefore hopes that the Government will take the Committee’s comments into account to ensure that the legislation provides for sufficiently effective and dissuasive criminal penalties against those responsible for all forms of forced labour, whether within the framework of the draft revised Labour Code or the criminal legislation.

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

Articles 3–5 of the Convention. Contribution of the employment service to employment promotion. In its previous comments, the Committee requested the Government to provide updated, detailed information on the operation and activities of the Central African Agency for Employment and Vocational Training (ACFPE), as well as on any developments relating to the operation of the Standing National Labour Council (CNPT). It also requested the Government to communicate information on the number of public employment offices established and their location, the number of applications for employment received, vacancies notified and persons placed in employment by employment offices. The Government indicates that the ACFPE has seven regional public employment agencies, spread across the national territory, which provide services to enterprises and work to promote youth employment. To this end, the ACFPE has signed a certain number of partnership agreements with investors, to ensure that continuous and vocational training are provided in the technical areas corresponding to the needs of enterprise. Regarding the employment sector, the Government indicates that in 2019, 11,142 jobseekers were registered with the ACFPE; 1,823 jobseekers received training in jobseeking techniques; 6,173 contracts were drawn up and 2,468 job vacancies were registered. The Committee notes that, among the measures taken in respect of occupational training and employment creation, several workers and jobseekers received occupational training: 727 persons were trained in entrepreneurship, and 26 enterprise creation projects were financed. It also notes that three market surveys on income generating activities were carried out in the country’s second cities (Paoua, Bozoum, Sibut, Kaga Bandoro and Dekoa) and that the ACFPE had signed a certain number of collaboration agreements with technical partners and financiers, including the French Development Agency (AFD), the United Nations Development Programme (UNDP), the World Bank and the International Labour Office (ILO). The Government also indicates that the CNPT is not always operational. However, ACFPE activities are coordinated and overseen by a governing body, with strong implication of the social partners in the form of two employers’ representatives, two workers’ representatives and one State representative. The Committee requests the Government to provide updated, detailed information, including statistics disaggregated by age and sex, on the impact of the collaboration agreements with the technical partners and financiers, in particular regarding their contribution to full, productive and freely chosen employment in the country. The Committee also requests the Government to continue to provide information on the measures taken to ensure that the employment agencies are sufficiently numerous to serve all geographic regions of the country.

Articles 6–8. Functions of the public employment service. The Committee previously requested the Government to provide information on the measures taken to facilitate, within the various employment offices, specialization by occupation or industry and to provide detailed information on the measures adopted or envisaged in respect of vulnerable categories of workers, such as workers with disabilities and young persons, including the placement programme within the public employment service. The Government indicates that reforms have been undertaken in conformity with Articles 6 and 8 of the Convention concerning the functions of the public employment service. According to the Government’s report, these reforms concern primarily the organization and functioning of the Ministry of Labour, Employment, Occupational Training and Social Protection (Decree No. 18.168 of 21 June 2018), the adoption of a public policy in respect of employment and occupational training, and the follow-up to the establishment of the General Directorate responsible, in close collaboration with the ACFPE, for the public employment service. Moreover, every year, the ACFPE draws up a catalogue of continuous training courses in certain technical areas that require specialization, which are aimed at vulnerable social categories, including young persons. In this regard, the Committee notes that in 2019, 110 young, qualified persons benefited from occupational insertion contracts in enterprises and 881 apprentices were trained and certified in apprenticeship techniques. The Committee requests the Government to communicate updated, detailed information showing the impact of the reforms on effective recruitment and placement of workers and on specialization by occupation or branch of activity within the employment services to respond adequately to the needs of particular categories of jobseekers, such as persons with disabilities and other vulnerable groups of jobseekers. The Committee also requests the Government to communicate updated information on measures taken to provide specialized training to the public servants in the employment service to allow them to ensure a service answering to the concerns of specific groups, such as persons with disabilities, women and long-term unemployed persons.

Article 11. Effective cooperation between the public employment service and private employment agencies. In its previous comments, having noted the Government’s indication that the Labour Code of 2009 introduced a liberalization of private employment agencies, the Committee asked the Government to provide information on any developments regarding the regulation of private employment agencies, particularly to ensure their cooperation with the public employment service, and to provide copies of any legislative texts adopted in this respect. The Government indicates that the provisions of the Act concerning the revised Labour Code address cooperation between the public employment service and private employment agencies. The Committee observes that sections 341, 342 and 343 of the Labour Code of 2009, concerning the organization and functioning of the private employment agencies, contain no provision relative to cooperation between the public services and private employment agencies. It notes however that a first draft revision of the Labour Code has been submitted to the National Assembly for adoption, with a view to promoting the expected cooperation. The Committee requests the Government to continue to supply updated and detailed information on developments concerning the regulation of private employment agencies, including on the adoption process of the first draft revision of the Labour Code and to provide a copy of any legislative text modified or adopted in this regard.

Article 2 of the Convention. Inclusion of labour clauses in public contracts. In its previous comments the Committee noted that Act No. 08.017 Code of 6 June 2008 issuing the Public Procurement Code contains specifications to determine the conditions under which the contract is implemented and which include general administrative clauses, as well as specific administrative clauses. The Committee requested the Government to take appropriate measures to ensure that provisions giving full effect to Article 2 of the Convention are included in the general administrative clauses set out in the specifications. The Committee expressed the hope that, when issuing implementing decrees under the Public Procurement Code, the Government would not fail to bring the legislation into conformity with the Convention. In its report, the Government recognizes the merits of labour clauses and indicates that general conditions of labour are at the heart of common concerns and should be reflected in labour clauses when drafting national legislation on public procurement. It reiterates, however, that despite the omissions observed, the labour inspection services, in conformity with the legal provisions in force, carry out monitoring missions to enterprise directors and contractors holding public contracts, to ensure that working conditions, remuneration, the safety and health of workers above all, and the verification of the clauses provided under the employment contracts, are fully respected. In this regard, the Committee refers the Government to paragraphs 41 to 45 and 110 to 113 of the 2008 General Survey on labour clauses in public contracts, in which the Committee stresses that the applicability of national labour law to work done in the execution of public contracts is not sufficient to ensure application of the Convention. The Government indicates, however, that legislative reform has been engaged with the promulgation of Act No. 19.007 of 24 June 2019, establishing a legal framework for public-private partnerships in the Central African Republic. The main purpose of the Act is to set out the fundamental principles related to the conclusion of public-private partnership contracts and to establish the legal regime for the conclusion, execution, terms, monitoring and termination of public-private partnerships. The Committee notes that the abovementioned law contains no provision for the insertion of labour clauses in public contracts, as required by Article 2(1) and (2) of the Convention. It also notes that the Government has not provided any information regarding measures taken or envisaged to give effect to the provisions of Article 2 of the Convention concerning the incorporation of labour clauses in the specifications of public contracts. The Committee draws the Government’s attention to the 2008 General Survey and to the practical guide on Convention No. 94, published by the Office in September 2008, which gives guidance and examples to follow when bringing the national legislation in line with the Convention. Noting once again that it has been commenting for several years that the Government has not given effect to the Convention, the Committee recalls that the inclusion of appropriate labour clauses in all public contracts covered by the Convention does not necessarily imply the enactment of new legislation, but may also be achieved by issuing administrative instructions or circulars. The Committee strongly expects the Government to take all necessary steps, without further ado, to bring the national legislation into full conformity with the basic requirements of the Convention. The Committee requests the Government to keep the Office informed of progress achieved and recalls once more that the Government may have recourse to ILO technical assistance in this regard, if it so wishes.

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.

Articles 1 and 2(1) of the Convention. National policy, scope of application and application of the Convention in practice. In its previous comments, the Committee noted that the Labour Code only covers occupational relationships deriving from a contract of employment. It noted the absence of a national policy, despite the significant number of children engaged in work who are below the minimum age for admission to employment, set at 14 years. The Committee noted the Government’s indications that the activities undertaken in collaboration with UNICEF had led to a reduction in the number of children working on their own account or in the informal economy. It requested the Government to continue taking measures to ensure that children working in the informal economy benefit from the protection of the Convention.

In its report, the Government reaffirms its commitment to strengthening the measures ensuring adequate protection for all children, including those working in the informal economy, in collaboration with UNICEF and the country’s other partners. The Government indicates that the draft revised Labour Code contains provisions protecting children against child labour. The Committee also notes that according to the multiple indicator cluster survey (MICS) undertaken in 2018-19 by the Central African Institute for Statistics and Economic and Social Studies with the support of UNICEF, the proportion of children between the ages of five and 11 years engaged in child labour is 33.5 per cent, with a rate of 22.9 per cent for children aged 12-14 years, a significant number of whom work under hazardous conditions. The Committee notes with concern the significant number of children under 14 years of age engaged in child labour, including under hazardous conditions. The Committee urges the Government to take all the necessary measures to ensure the progressive elimination of child labour, including through the implementation of a national policy, in accordance with Article 1 of the Convention. It requests the Government to provide information on the measures taken in this regard. The Committee also requests the Government to continue taking measures so that children working in the informal economy or on their own account benefit from the protection of the Convention in law and practice. It requests the Government to provide information on the progress achieved in this respect.

Article 3(1) and (2). Minimum age for admission to hazardous types of work and determination of these types of work. In its previous comments, the Committee noted with concern the absence of a list of hazardous types of work, despite section 261 of the Labour Code adopted in 2009, which provides that an order shall determine the nature and types of work and the categories of enterprises prohibited for children and the age limit up to which this prohibition shall apply. It urged the Government to take the necessary measures to ensure that the list of hazardous types of work prohibited for children under 18 years of age is adopted as soon as possible.

The Committee notes the absence of information from the Government on this point. It is therefore bound to note once again with deep concern the absence of a list determining the hazardous types of work prohibited for children under 18 years of age. It recalls that, in accordance with Article 3(2) of the Convention, the hazardous types of work prohibited for children under 18 years of age shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee therefore urges the Government to take the necessary measures without delay to determine the list of hazardous types of work prohibited for children under 18 years of age. It requests the Government to report any progress achieved in this regard.

Article 9(3). Keeping of registers by employers. The Committee previously noted that, under section 331 of the Labour Code, certain enterprises or workplaces may be exempted from the obligation to keep an employment register by order of the Ministry of Labour. It urged the Government to take the necessary measures as soon as possible to bring the legislation into conformity with the Article 9(3) of the Convention by ensuring that no employers may be exempted from the obligation to keep a register of persons under 18 years of age employed by them or working for them.

The Government indicates that, within the framework of the current legal reform, the draft revised Labour Code contains measures protecting children from child labour. The Committee therefore expresses the firm hope that, on the occasion of the current legal reform, the Government will take into account the Committee’s comments and ensure that no employers are exempt from keeping a register of the children under 18 years of age employed by them or working for them, and ensure that the registers contain, as a minimum, the names and ages or dates of birth, duly certified wherever possible, of such children. It requests the Government to provide information on the progress achieved in the adoption of the revised Labour Code, and to provide a copy once it has been adopted.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2(4) of the Convention. Exclusions. In its previous comments, the Committee invited the Government to provide information on the effective means of protection against unjustified termination envisaged for categories of workers excluded from the scope of the Labour Code of 2009. The Committee notes the Government’s indication that no categories of workers have been excluded from the application of the Convention. The Committee therefore reiterates its request to the Government to provide information with its next report on the situation of magistrates, public servants and members of the armed forces, as categories of workers who are excluded from the application of the Labour Code of 2009, and on the manner in which the Government ensures that they are afforded protection against unjustified termination which is at least equivalent to that set out in the Convention.

Article 5. Unjustified reasons for termination. The Government indicates that, under the terms of section 152 of the Labour Code of 2009, terminations without a valid reason and terminations for reasons of the opinions of the worker, the worker’s trade union activity, membership or not of a specific union, are considered abusive. The Committee notes that the lodging of a complaint by a worker or participation in proceedings against an employer arising out of alleged violations of the legislation or the lodging of a complaint with the competent administrative authorities is also considered to be an unjustified reason for termination. The Government adds that terminations on the basis of reasons which are not real and justified are null and void. The Committee reiterates its request to the Government to indicate the measures adopted or envisaged to ensure that the other reasons set out in clauses (d) and (e) of Article 5, including marital status and the family responsibilities of the worker, do not constitute valid reasons for termination. The Committee once again requests the Government to provide examples of court rulings relating to unjustified reasons for termination, as set out in the Labour Code of 2009.

Article 7. Procedure prior to termination. The Committee refers once again to Article 7 of the Convention, which provides that workers shall have an opportunity to defend themselves against the allegations made before being terminated for reasons relating to their conduct or performance. The Committee previously noted that the Labour Code of 2009 does not appear to envisage a procedure of this nature prior to or at the time of termination. The Committee once again requests the Government to indicate the manner in which national law or practice gives effect to this Article.

Article 8(3). Right of appeal to an impartial body. The Government reiterates in its report that the competent jurisdiction to examine appeals against terminations is either the regional labour inspectorate or the labour tribunal. The Government adds that, in the event of collective terminations authorized by a labour inspector, the worker or trade union concerned has a period of 30 days to lodge an appeal to the next hierarchical authority prior to the initiation of an adversarial appeal. The Committee once again requests the Government to indicate the manner in which national law or practice gives effect to Article 8(3), particularly the manner in which the right to appeal to an impartial body is guaranteed. In its previous comments, the Committee requested the Government to indicate whether, in accordance with Article 8(3), national law or practice provides for a reasonable period of time after which a worker may be deemed to have waived the right to appeal against termination.

Article 9(2). Burden of proof. The Committee reiterates its request to the Government to indicate the manner in which the regulations and procedure ensure that the worker does not have to bear alone the burden of proof in the event of an individual or collective appeal against termination.

Article 11. Period of notice. The Government reiterates that, except in cases of serious misconduct, in the context of termination, workers are entitled to a period of notice, the duration of which varies depending on the professional category (from eight days for a manual labourer or guard to three months for a managerial level employee). The Government adds that, in the event that the employer is dispensed with the obligation to give a period of notice, this obligation takes the form of the payment of compensation. The Committee once again requests the Government to provide examples of court rulings illustrating the concept of serious misconduct.

Article 13(1). Information and consultation of workers’ representatives. The Government indicates that, under the terms of section 143 of the Labour Code of 2009, any employer envisaging a termination for economic reasons is required to convene the staff delegates, the members of the enterprise committee and trade union delegates with a view to exploring other possibilities with them, in the presence of the labour inspector. The Government adds that, when the matter is raised with the labour inspector in accordance with administrative practice, the inspector has a period of 15 days to respond. The Committee once again requests the Government to indicate the period of time before the envisaged termination that the relevant information has to be provided by the employer to the workers’ representatives when termination is contemplated, as required by the Convention, and to indicate the manner in which this period is calculated (working days or non-working days).

Application of the Convention in practice. The Government indicates that several court rulings relating to individual and collective terminations have been handed down. However, they have not been transmitted to the Government for technical reasons and due to resources. The Committee once again requests the Government to provide examples of court rulings involving questions of principle related to the application of the Convention, and particularly on personal and economic reasons for termination, as set out in section 142 of the Labour Code. It also once again requests the Government to provide statistics on the activities of the labour inspection services and the labour courts in relation to terminations, including the number, duration and outcome of appeals, the level of compensation for termination, and examples of situations examined by the labour inspection services in relation to collective dismissals.

Article 3(a) and Article 7(1) of the Convention. Worst forms of child labour and penalties. All forms of slavery or practices similar to slavery. Sale and trafficking of children. In its previous comments, the Committee noted that, in practice, children were the victims of trafficking for forced labour and commercial sexual exploitation. It noted with concern that, although section 151 of the 2010 Penal Code prohibits and establishes penalties for the sale and trafficking of children, this section is poorly implemented and information on this crime is lacking. The Committee therefore urged the Government to take steps to ensure the application of this provision and to provide information on its application in practice.

The Government indicates that it submitted a technical and financial support request to the ILO in January 2020 to strengthen the capacities of labour inspectors and the social partners on the issue of human trafficking in the country. The Committee also notes the information from the United Nations Office on Drugs and Crime (UNODC), available on its website, that no one engaged in trafficking in persons has been prosecuted or convicted since 2008. The UNODC reports that a National Action Plan against Trafficking in Persons, together with a decree establishing a coordination mechanism against trafficking in persons, was signed on 13 March 2020. Key actions to implement the National Action Plan include measures to prosecute perpetrators of trafficking in persons, such as the establishment of special hearings, the appointment of an investigating judge to deal specifically with such cases, the development of criminal policies on perpetrators, the training of magistrates, and the creation of a database of case law. In addition, 40 Government-appointed focal points for trafficking in persons received training on the issue. The Committee trusts that the Government will continue its efforts to ensure that all those involved in trafficking of children are thoroughly investigated and effectively prosecuted, and that they are subject to sufficiently effective and dissuasive penalties. In this regard, the Committee once again requests the Government to supply information on the number of investigations, prosecutions, convictions and criminal penalties imposed for the offence of trafficking in persons under 18 years of age, pursuant to section 151 of the Penal Code. The Committee also requests the Government to provide information on the impact of the National Action Plan against Trafficking in Persons and its coordination mechanism to step up the prosecution of those involved in trafficking of children.

Article 6. Programmes of action and application of the Convention in practice. The Committee previously noted the Government's indication that the security situation in the country prevented it from having reliable statistics on the worst forms of child labour. The Committee therefore expressed the hope that the Government would soon be in a position to provide statistics and information on the nature, extent and trends of the worst forms of child labour.

The Government indicates that it submitted a technical and financial support request to the ILO in January 2020 to carry out a study prior to the development of the national plan to combat the worst forms of child labour in the Central African Republic, in order to better identify the phenomenon and to measure the extent of the worst forms of child labour in the various sectors of the national economy. The Committee notes this information and encourages the Government to continue its efforts to gain an overview of the worst forms of child labour in the country, including their nature, extent and trends. The Committee expresses the hope that a national plan to combat the worst forms of child labour will be developed in the near future and adapted to the worst forms of child labour in the country. It requests the Government to provide information on the progress made in this respect.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. 1. Street children. The Committee previously noted the information provided by the Government that it is conducting, along with non-governmental organizations, activities for street children, with a view to their protection and to eradicate the worst forms of child labour. The Committee noted, however, that the National Child Protection Council (CNPE) no longer appeared to be operational. It encouraged the Government to continue taking measures to protect children living and working in the streets from the worst forms of child labour.

The Committee notes that the Government does not provide any information in this regard. It notes the recommendation of the Special Representative of the UN Secretary-General for Children and Armed Conflict, in a statement dated 6 May 2019, encouraging the creation of an inter-ministerial committee on child protection. Recalling that children living or working in the streets are at special risk of the worst forms of child labour, the Committee urges the Government to provide information on existing or planned measures and facilities to protect these children from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the number of children living or working in the streets who have been identified and assisted with their rehabilitation and social integration.

2. HIV/AIDS orphans and other vulnerable children (OVC). The Committee previously noted the Government’s indication that measures for the protection of OVC were being taken by the Ministry of Social Affairs and NGOs, and by the National Committee on Combating HIV/AIDS (CNLS). It noted that a National Strategic Framework to Combat HIV/AIDS had been drawn up in collaboration with the Joint United Nations Programme on HIV/AIDS (UNAIDS). It also noted UNAIDS estimates for 2016, according to which the number of HIV/AIDS orphans was 100,000. The Committee urged the Government to intensify its efforts to protect HIV/AIDS orphans and other vulnerable children from the worst forms of child labour, including by ensuring that the National Strategic Framework to Combat HIV/AIDS was adopted and implemented as soon as possible.

The Committee notes that the Government does not provide any information in this regard. It also notes the information available on the UNAIDS website that in 2020 the country launched a National HIV Strategic Plan for 2021–25. In addition, an Operational Plan to Address Gender Inequality in the AIDS Response was adopted to ensure that women, girls and key populations benefit equally from the measures to combat HIV/AIDS. According to UNAIDS estimates for 2020, the number of HIV/AIDS orphans is 87,000. The Committee encourages the Government to continue its efforts to ensure that HIV/AIDS orphans and other vulnerable children are protected from the worst forms of child labour. It requests the Government to provide information on specific measures taken in this regard, including under the National HIV Strategic Plan for 2021–25 and the Operational Plan to Address Gender Inequality in the AIDS Response.

Article 8. International cooperation and assistance. Poverty reduction. The Committee previously noted that the Government had adopted the National Recovery and Peacebuilding Plan 2017–21 for the Central African Republic (RCPCA) and the United Nations Peacebuilding and Development Assistance Framework (UNDAF+) for 2018–21. The Committee requested the Government to provide information on any significant impact of the implementation of these programmes on the elimination of the worst forms of child labour.

The Government does not provide any information on this subject. The Committee requests the Government to continue its poverty reduction efforts, which are essential for the elimination of the worst forms of child labour, and to provide information on the impact of the RCPCA and UNDAF+ on the elimination of the worst forms of child labour, as well as on any other international collaborative projects aimed at reducing poverty and the worst forms of child labour.

[The Committee asks the Government to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]

Article 3(a) of the Convention. All forms of slavery or practices similar to slavery. Forced recruitment of children for use in armed conflict. The Committee previously noted the forced recruitment of children of under 18 years of age for use in the armed conflict which was taking place in the country. The Committee noted an agreement signed on 5 May 2015 by ten armed groups to stop and prevent the recruitment and use of children, and the adoption of a new Constitution in March 2016. It noted the information provided by the Government, according to which, as part of the first pillar of the National Recovery and Peacebuilding Plan for the Central African Republic (RCPCA) for 2017-21, entitled “Support peace, security and reconciliation”, the Government has initiated the process of disarmament, demobilisation, reintegration and repatriation, and also the reform of the security sector, with a view to restoring the authority of the State to allow it undertake investigations and prosecute the perpetrators of forced recruitment of children. The Committee observes, however, from a report dated 28 July 2017 by the independent expert on the human rights situation in the Central African Republic, that the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) estimated that between 4,000 and 5,000 children were enlisted. The Committee expressed deep concern at the current situation and urged the Government to intensify its efforts to eliminate the forced recruitment of children under 18 years of age by all armed groups in the country. It also urged the Government to take immediate measures to ensure that the investigation and prosecution of offenders is carried out and that sufficiently effective and dissuasive penalties are imposed on persons found guilty of recruiting children under 18 years of age for use in armed conflict.

The Government indicates in its report that efforts continue under the implementation of the first pillar of the National Recovery and Peacebuilding Plan for the Central African Republic for 2017-21. It states that, in partnership with the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA), the progressive redeployment of the defence and security forces is intensifying throughout the territory, especially in the secondary cities of the country, previously occupied by armed groups, in order to ensure the security and protection of the civilian populations. The Government further indicates the adoption of an Act issuing the Child Protection Code in 2020, to protect children from enlistment in the armed forces or by armed groups. The Committee takes due note of this information and observes that the Report of the United Nations Secretary-General of 12 October 2020 on the Central African Republic clarifies that the Child Protection Code, promulgated on 15 June 2020, criminalizes the recruitment and use of children by the armed forces and groups, and considers enlisted children as victims (S/2020/994, paragraph 70).

The Committee notes the Political Agreement for Peace and Reconciliation in the African Republic (APPR-RCA), signed on 6 February 2019 between the Government and 14 armed groups, which calls for a stop to hostilities between the armed groups, as well as the ceasing of all exactions and violence against the civilian populations. The Agreement, which includes an implementation mechanism, calls for the establishment of a Truth, Justice, Reparation and Reconciliation Commission (CVJRR). The Committee notes from the report by the independent expert on the human rights situation in the Central African Republic of 24 August 2020, covering the period from July 2019 to June 2020, that the time limit fixed by the national authorities of the end of January 2020 to complete disarmament and demobilisation was not respected. Regardless of their engagements under the Agreement, the armed forces and armed groups in the country that were signatories thereof had recourse to the recruitment and use of children (A/HRC/45/55, paragraphs 24, 25, 33, 36, 39 and 40).

According to a report dated 4 August 2021 published jointly by the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the MINUSCA on violations of human rights and international humanitarian law in the Central African Republic during the electoral period, and specifically on the period from July 2020 to June 2021, the security situation worsened progressively in the country. The recruitment of children by parties to the conflict were included among the violations observed.

The Committee notes from the report of the United Nations Secretary-General of 6 May 2021 on children and armed conflict, that 584 cases of children (400 boys and 184 girls) recruited and used by armed groups and the armed forces were confirmed in 2020, including by ex-Séleka factions (the majority), and other armed groups as well as by the internal security forces and the Central African armed forces. Children were used as combatants and in support roles, and were subjected to sexual violence. Moreover, 42 cases of child deaths were confirmed and 82 cases of sexual violence were verified; 58 children were abducted by armed groups for the purposes of recruitment, sexual violence and ransoms. The Secretary-General expressed alarm at the sharp increase in recruitment and use of children in the armed conflicts as well as the increased incidence of sexual violence, abduction, compounded by electoral violence (A/75/873-S/2021/437, paragraphs 24, 26, 27, 30, 34, 35). The same report also emphasizes the conviction of 110 perpetrators of violations against children (paragraph 32). The Committee finds itself obliged to deplore the continuing recruitment and use of children in the armed conflict in the Central African Republic, all the more so as it gives rise to other serious violations of the child rights, such as abductions, murder and sexual violence. While recognizing the complexity of the situation prevailing on the ground and the existence of an armed conflict and armed groups in the country, the Committee urges the Government to pursue its efforts to put an end to the practice of forced recruitment of children of less than 18 years of age by the armed forces and armed groups in the country. Moreover, the Committee again urges the Government to take immediate and effective measures to ensure that all persons, including members of the regular armed forces, who recruit children of under 18 years of age for use in armed conflict, are thoroughly investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice, in conformity with the Child Protection Code. The Committee requests the Government to provide information on the number of investigations undertaken, prosecutions filed and convictions handed down against such persons. It also requests a copy of the Child Protection Code.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously observed that the impact of the political and security crisis in the Central African Republic has aggravated the situation regarding basic education for children. It noted various measures taken by the Government to promote children’s access to education. However, the Committee noted information according to which the school attendance rate is extremely low, in particular for girls, and the drop-out rate between primary and secondary education is high. The Committee urged the Government to intensify its efforts and take effective and time-bound measures to improve the operation of the education system and facilitate access to good quality basic education for all children in the Central African Republic, including in the zones affected by the conflict, giving special attention to the situation of girls.

The Government indicates that the Act issuing the Child Protection Code, adopted in 2020, includes provision on education and the protection of children in the school environment. The Committee notes that the Report of the United Nations Secretary-General on the Central African Republic of 16 June 2021 highlights the fact that half of the country’s children are out of school (S/2021/571, paragraph 38). Furthermore, the independent expert on the human rights situation in the Central African Republic draws attention, in his report of 24 August 2020, to the partial or total closure of several schools as a result of the armed conflict, particularly in the hinterland, cutting off children’s access to education (A/HRC/45/55, paragraph 61). According to the UNICEF communication of 27 April 2021, available on the UN info internet site, one school in four is not functioning due to the combat.

The Committee also noted that the confrontations during the electoral period between July 2020 and June 2021 gave rise to pillaging, attacks and occupation of numerous schools, gravely affecting the resumption of school in early January 2021 joint report of the OHCHR and the MINUSCA on violations of human rights and international humanitarian law in the Central African Republic during the electoral period, paragraphs 31, 112, 113 and 115). The Committee is obliged to express its deep concern at the large number of children deprived of education as a result of the climate of insecurity prevailing in the country. It recalls that education plays a key role in preventing children from engaging in the worst forms of child labour, including their recruitment in armed conflicts. While recognizing the difficult situation prevailing in the country, the Committee urges the Government to intensify its efforts to improve the operation of the education system and facilitate access to free basic education for all children, including girls, and in the zones affected by the conflict. It requests the Government to provide information on the concrete measures taken in this regard as well as on the school attendance, maintenance and drop-out rates at primary and secondary levels.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee noted the revision of the national disarmament, demobilization and reintegration strategy to include appropriate provisions concerning children. It noted information from UNICEF to the effect that 9,449 children had been freed from armed groups between January 2014 and March 2017, but only 4,954 had benefited from reintegration programmes. Furthermore, the United Nations Secretary-General indicated that many demobilized children and been enlisted again in the armed groups. The Committee urged the Government to intensify its efforts to provide appropriate direct assistance to remove child victims of forced recruitment from armed groups and ensure their rehabilitation and social integration so as to guarantee their long-term, definitive demobilization.

The Committee notes the absence of information in the Government’s report on this point. The Committee notes the report of the independent expert on the human rights situation in the Central African Republic of 24 August 2020, which covers the period from July 2019 to June 2020, according to which, within the framework of the Programme for Disarmament, Demobilisation, Reintegration and Repatriation, the armed groups signed protocols and action plans with the authorities to liberate children from their ranks and abstain from further recruitment. The independent expert remarks that some children were discharged following the signature of the protocols. However, he notes that cases of enlistment and use of children by armed groups had been documented (A/HRC/45/55, paragraph 59).

The Committee notes that the United Nations Secretary-General, in his report on children and armed conflict of 6 May 2021, indicates that 497 children recruited into the armed groups were liberated in 2020, and that 190 children, self-demobilized from the armed groups, were identified (A/75/873-S/2021/437, paragraph 33). The Secretary-General also indicates, in his report of 16 February 2021, that on 30 November 2020 four children, accused of association with armed groups and imprisoned, were released and enrolled in reintegration programmes. The Secretary-General also indicates that, as part of the “ACT to protect children affected by armed conflict” campaign, MINUSCA has raised awareness among 2,000 persons on the increased risk of grave violations child rights violations during the electoral period (S/2021/146, paragraph 65 and 66). The Committee notes the information in the UNICEF communication of 27 April 2021, to the effect that although, since 2014, UNICEF and its partners have helped liberate more than 15,500 children from the armed groups, more than one in five of the children had yet to be enrolled in a reintegration programme. The Committee urges the Government to take appropriate and time-bound measures to ensure the removal of children recruited for use in the armed conflict and for their rehabilitation and social integration. It also urges the Government to take the measures necessary to ensure that all children removed from the armed groups and from the armed forces benefit from reintegration programmes. It requests the Government to provide information in this regard, including on existing reintegration programmes for these children and on the number of children that have benefited from rehabilitation and social integration.

In light of the situation described above, the Committee deplores the continued recruitment and use of children in armed conflict by both armed groups and the armed forces, especially as it entails other violations of children’s rights, such as abductions, murders and sexual violence. The Committee has been raising this issue since 2008, and the recruitment and use of children in armed conflict, both as combatants and in support roles, has sharply increased in recent years. The Committee must also express its deep concern at the significant number of children deprived of education due to the climate of insecurity in the country. The Committee considers that this case meets the criteria set out in paragraph 96 of its General Report to be asked to come before the Conference.

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

[The Government is asked to supply full particulars to the Conference at its 110th Session and to reply in full to the present comments in 2022.]

Article 2 of the Convention. Workers’ and employers’ right, without any distinction whatsoever, to establish organizations and join them without prior authorization. In its previous comments, the Committee requested the Government to indicate the legislative provisions that protect the right of self-employed workers to freely establish and join organizations of their own choosing, given their exclusion from the scope of application of the current Labour Code (section 2). The Committee welcomes the fact that, according to the Government, the scope of application of the draft law establishing the revised Labour Code, as transmitted to Parliament for adoption, henceforth extends to self-employed workers. The Committee requests the Government to provide information on any new developments concerning the persons covered by the revised Labour Code and to transmit a copy of the legislation once it has been adopted by Parliament.

Regarding section 18 of the current Labour Code, under which enterprise-level trade union sections and local sections can be created within occupational trade unions, the Committee has repeatedly requested the Government to indicate the legal provisions that permit the creation of enterprise-level trade unions outside of trade union sections. In the absence of a reply, the Committee once again reiterates its request, and requests the Government to provide any relevant information, including within the framework of the current revision of the Labour Code, aimed at ensuring the creation of enterprise-level trade unions.

Article 3. Workers’ right to freely organize their activities. In its previous comments, the Committee noted that under the terms of section 381 of the Labour Code, during a strike an obligatory minimum service is required for certain enterprises owing to their social utility or their distinctive nature, and that the list of enterprises concerned and the conditions for implementing the minimum service are determined by order of the Ministry of Labour after consultation with the Standing National Labour Council (CNPT), the tripartite advisory body. Noting that, according to the Government, the mechanism under section 381 appears to have been reproduced identically in section 404 of the draft law establishing the revised Labour Code, the Committee requests the Government to provide any information relating to the adoption of this provision by Parliament. The Committee also requests the Government to provide information on the determination of the list of enterprises concerned and the conditions for implementing the minimum service, and on any measures taken to mitigate the risk of imposing a minimum service in an excessive number of activities. The Committee recalls, in this regard, that any disagreement on the determination of a minimum service should be resolved not by the government authorities but by a joint or independent body which has the confidence of the parties. The Committee requests the Government to provide information on this matter.

Lastly, the Committee has repeatedly asked the Government to take the necessary measures to amend section 11 of Order No. 81/028 on the Government’s power of requisitioning during strikes where required in the general interest, so as to limit the power of requisitioning to cases where the right to strike may be restricted or even prohibited, namely in the public service for public servants exercising authority in the name of the State, in essential services in the strict sense of the term or in an acute national crisis. While noting the Government’s reiteration that it takes this request into account, the Committee hopes that the Government will be in a position to report, in the near future, on the specific progress made, in prior consultation with the social partners, with regard to the amendment of the above provision in order to align Order No. 81/028 with the Convention.

Revised Labour Code. The Committee notes the Government’s indication that a draft revised Labour Code has been submitted to Parliament for adoption. As this draft text has not been transmitted to the Office, the Committee is not able to examine the conformity of its provisions with the Convention. The Committee requests the Government to provide information on any developments concerning the draft revised Labour Code and to transmit a copy once it has been adopted.

Articles 2, 3, 5 and 6 of the Convention. Labour Code. In its previous comments, the Committee highlighted the need to amend the following provisions of the Labour Code:

-section 17, which limits the right of foreign nationals to join trade unions by imposing conditions of residence (two years) and reciprocity;
-section 24, which limits the right of foreign nationals to be elected to trade union office and executive functions by imposing a condition of reciprocity;
-section 25, which renders non-eligible for trade union office persons sentenced to imprisonment, persons with a criminal record or persons deprived of their right of eligibility under national law, even where the nature of the relevant offence is not prejudicial to the integrity required for trade union office;
-section 26, under which the union membership of minors under 16 years of age may be opposed by parents or guardians despite the minimum age for admission to employment being 14 years under section 259 of the Labour Code; and
-section 49(3), under which no confederation may be established without the prior existence of occupational or regional federations.

The Committee notes the Government’s indication that the Committee’s requests have been taken into account within the tripartite revision process of the Labour Code, with the exception, it appears, of that relating to section 26. The Committee hopes that the revised version of the Labour Code, as adopted by Parliament, will ensure full conformity of all the provisions described above with the requirements under the Convention, and requests the Government to indicate all progress achieved in this regard.

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

Draft revised Labour Code. The Committee notes the Government’s indication that the draft revised Labour Code has been submitted to Parliament for adoption and that the Government's replies to the Committee's previous requests refer to the content of the draft Labour Code and several of its articles. As the text of this draft has not been transmitted to the Office, the Committee is not in a position to examine the conformity of its provisions with the Convention. The Committee requests the Government to provide information on any developments concerning the draft revised Labour Code and to transmit a copy once it has been adopted.

Article 2 of the Convention. Adequate protection against acts of interference. In its previous comments, the Committee considered that section 30(2) of the Labour Code does not cover all of the acts of interference prohibited by Article 2 of the Convention. The Committee also noted the Government’s indications that implementing regulations would be adopted to cover all of the acts of interference and that these regulations would also specify the penalties applicable in that regard.

The Committee notes that, according to the Government, the Committee's comments on protection against acts of interference were not incorporated into specific implementing regulations but were eventually taken into account in the Bill issuing the revised Labour Code, particularly in sections 31 to 45. The Committee requests the Government to provide detailed information on the progress achieved at the legislative level aimed at expanding protection against acts of interference and to communicate the content of the provisions in question once they have been adopted by Parliament.

Article 4. Promotion of collective bargaining. Section 40 of the Labour Code. In its previous comments, the Committee noted that, in accordance with section 40 of the Labour Code, collective agreements must be discussed by the delegates of employers’ and workers’ organizations belonging to the occupation or occupations concerned. Having also observed that no provision of the Labour Code appears to explicitly recognize the right of federations and confederations to conclude collective agreements, the Committee requested the Government to provide copies of collective agreements negotiated and concluded by federations or confederations.

The Committee notes the Government’s indication that section 41 of the Bill issuing the revised Labour Code charges the federations’ representatives with assisting trade union delegates in negotiating the collective agreements based on occupation. Recalling that the level of bargaining should normally be a matter for the social partners themselves, the Committee requests the Government to specify whether, beyond the function of assisting the trade union delegates mentioned by the Government, the new provisions of the revised Labour Code explicitly recognize the right of federations and confederations to themselves conclude collective agreements, and to communicate, where relevant, copies of all collective agreements negotiated and concluded by the federations and confederations.

Sections 197 and 198 of the Labour Code. For several years, the Committee has been drawing the Government’s attention to the fact that, under the terms of sections 197 and 198 of the Labour Code, representatives of trade union organizations and occupational groupings of workers (non-unionized) are on an equal footing in relation to collective bargaining, even though the negotiation of collective agreements by occupational groupings of workers should only be possible where no trade union exists. Regretting the absence of information on this matter, the Committee trusts that the current draft reformed Labour Code will finally contain provisions to ensure that occupational groupings of workers can only negotiate collective agreements with employers where no trade union exists in the bargaining units concerned. The Committee requests the Government to provide information in this regard.

Sections 367 to 370 of the Labour Code. In its previous comments, the Committee requested the Government to envisage amending sections 367 to 370 of the Labour Code, which appear to establish a procedure whereby all collective disputes are subject to conciliation and, failing resolution, to arbitration. Regretting, once again, the absence of information in this regard and recalling that, by virtue of the principle of the promotion of free and voluntary collective bargaining set out in Article 4 of the Convention, recourse to compulsory arbitration in the case of disagreement between the parties to collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term or in the event of an acute national crisis, the Committee requests the Government to provide information on the progress achieved at the legislative level in this regard.

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. Section 211 of the Labour Code. In its previous comments, the Committee noted that, under section 211 of the Labour Code, the possibility of concluding collective agreements in the public sector concerns only personnel in public services, enterprises and establishments not governed by specific conditions of service and requested the Government to specify to what extent, and based on which text, public servants not engaged in the administration of the State who are subject to specific conditions of service enjoy the right to collective bargaining. The Committee recalls that, in accordance with Articles 4 and 6 of the Convention, public servants not engaged in the administration of the State, a category that includes employees in public enterprises, employees in municipal services and employees in other decentralized bodies, public sector teachers and employees of the public transport sector, must be accorded the right to collectively negotiate their conditions of work and employment. The Committee requests the Government to specify, firstly, the list of public services and establishments not subject to specific legislative or regulatory conditions of service and, secondly, whether, in law or practice, the public servants subject to such conditions of service can participate in genuine mechanisms to collectively negotiate their conditions of work and employment. The Committee also requests the Government to indicate whether the provisions of section 211 are affected by the draft revised Labour Code submitted to Parliament for adoption and to provide any relevant information in this regard.

Right to collective bargaining in practice. The Committee notes the information provided by the Government that several collective agreements have been identified for a possible review, such as the 1994 collective agreement on logging and the 1961 collective agreement on the catering industry. The Committee invites the Government to continue providing information on the ongoing review processes specifying the manner in which these are initiated and carried out. The Committee requests the Government to indicate the measures aimed at encouraging and promoting collective bargaining, in accordance with Article 4 of the Convention, and to specify the sectors concerned. The Committee also requests the Government to provide statistical information on the number of collective agreements concluded and in force, in both the public and private sectors, and to indicate the sectors and number of workers covered by these agreements.

The Committee notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Convention on the basis of the supplementary information received from the Government in August and October 2020.

Articles 1 and 2 of the Convention. Representative organizations. Consultation procedures. In its previous comments, the Committee requested the Government to provide information on the progress made in establishing procedures that ensure effective tripartite consultations and on the adoption of the ministerial order establishing a tripartite national commission on international labour standards. In its report, the Government reiterates its intention to establish a tripartite national commission on international labour standards. It reports that several military-political crises faced by the country have destabilized and undermined labour relations in the public, semi-public and private sectors. The Government adds that, following the return to constitutional government in 2016, and with ILO assistance, reforms focusing on trade union representativeness have been initiated with a view to organizing social elections. The Government informs the Committee that there are 18 workers’ organizations, the most representative of which are the Central African Confederation of Trade Unions (USTC), the Central African Workers’ Trade Union Confederation (CSTC) and the National Confederation of Central African Workers (CNTC), and two employers’ organizations. The Committee requests the Government to indicate the criteria established for determining representativeness. The Committee requests the Government to continue providing information on any progress made in establishing procedures that ensure effective tripartite consultations on international labour standards. In addition, the Committee requests the Government to send information on the adoption of the ministerial order establishing a tripartite national commission on international labour standards and to provide the Office with a copy of the order once it has been adopted. The Committee requests the Government to clarify whether the Economic and Social Council is a tripartite body, and if it is, to provide information on its composition and functions.

Article 5(1). Effective tripartite consultations. The Government reports that, pending the establishment of the tripartite national commission, good tripartite consultation practices have been instituted. The Government refers in particular to the formation of ad hoc national tripartite committees for the preparatory work for the International Labour Conference (ILC) each year. With regard to the re-examination of unratified Conventions and the Recommendations to which effect has not yet been given, the Government reports that when an instrument has been adopted by the ILC and sent to the member States, the standards service of the Ministry of Labour of the Central African Republic refers it to the most representative workers’ and employers’ organizations and asks for their opinion on the ratification of the instrument. When their opinions have been received, the service compiles them and sends an explanatory document to the Ministry of Labour, which in turn forwards it to the Council of Ministers for decision. If the Council of Ministers so decides, a draft bill for ratification is presented to the Economic and Social Council for opinion before being forwarded to the National Assembly for adoption. The Committee requests the Government to continue sending information on the ad-hoc tripartite consultations held on the various subjects set forth in Article 5(1) of the Convention and hopes that the Tripartite National Commission will be established in the near future to ensure effective and regular tripartite consultations on all the matters relating to international labour standards covered by the Convention, including on questionnaires concerning items on the agenda of the ILC (Article 5(1)(a)), the proposals to be made in connection with the submission of the instruments adopted by the ILC to the National Assembly (Article 5(1)(b)), the re-examination, at appropriate intervals, of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), reports to be made on the application of ratified Conventions (Article 5(1)(d)), and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

COVID-19 pandemic. The Committee notes that, as a result of the COVID-19 pandemic, the holding of tripartite consultations on international labour standards may have been hindered. In this regard, the Committee recalls the guidance provided in international labour standards and encourages the Government to use tripartite consultations and social dialogue as a solid foundation for the formulation and implementation of effective responses to the deep-rooted socio-economic consequences of the pandemic. The Committee invites the Government to provide in its next report updated information on any measures adopted in this regard, in accordance with the guidance provided in Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including on the measures adopted to build the capacities of the tripartite constituents and to improve national tripartite procedures and mechanisms. It also requests the Government to provide information on the challenges encountered and good practices identified in relation to the application of the Convention, both during and after the pandemic.

Comments adopted by the CEACR: Central African Republic

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C088 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C158 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C087 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Comments adopted by the CEACR: Central African Republic

Display the list by:

Adopted by the CEACR in 2021

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C088 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C158 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C087 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C144 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)