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

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

Articles 3(a) and 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, while duly noting section 151 of Act No. 10.001 of 6 January 2010 issuing the Penal Code, which prohibits and establishes penalties for the sale and trafficking of children, observed that this worst form of child labour was still a problem in practice, since children from the Central African Republic were the victims of trafficking for forced labour and commercial sexual exploitation, and for work in agriculture, domestic service, diamond mines, street trading and prostitution.

The Committee notes that the UN Committee on the Rights of the Child (CRC), in its concluding observations of 8 March 2017, noted with concern that the implementation of the legislation, in particular section 151 of the Penal Code, remains weak or absent and regrets the lack of detailed information on judicial proceedings and the support provided to child victims of trafficking (CRC/C/CAF/CO/2, paragraph 74). The Committee notes the Government’s indication in its report that the necessary steps will be taken to ensure that information on the application in practice of the Penal Code is communicated to the Committee. Expressing its concern at the weak implementation of section 151 of the Penal Code and the lack of information on this subject, the Committee urges the Government to take the necessary steps to ensure the application of this provision and to provide information on the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (a). Access to free basic education. In its previous comments, the Committee noted that, according to UNESCO statistics, the net school enrolment rates at primary level remained relatively low, especially for girls (59 per cent, compared with 78 per cent for boys).

The Committee observes that the political and security crisis in the Central African Republic has aggravated the situation regarding free basic education for children. The Committee notes that, according to the UNICEF humanitarian situation report of March 2017, measures have been taken by the Government. These include the issuing of an official directive by the Ministry of Education to the effect that the children of internally displaced persons in the country are entitled to free education and do not have to pay fees for school examinations. Moreover, “temporary education spaces” (EDTs) were established to provide educational services for children affected by the crisis. By March 2017, a total of 44,134 out-of-school children (of which 48 per cent were girls) had had access to the EDTs or host schools supported by UNICEF. Furthermore, the Ministry of Education, with financial and technical support from UNICEF and other partners, conducted training for 488 community teachers and 22 supervisors on basic pedagogical skills, child protection, positive discipline and the promotion of hygiene. The Ministry of Education also supervises serving teachers with regard to psychological and social support for children affected by the crisis.

However, the Committee notes that the CRC, in its concluding observations of 8 March 2017, expressed serious concern at the fact that primary education is not provided for free to all children. It also expressed concern at the extremely poor school enrolment rate of children, which is lower for girls but also decreasing for boys, and the high dropout levels during the transition from primary to secondary education, an enduring situation exacerbated by the political and security crisis. Lastly, the CRC expressed concern at the poor school infrastructure, the lack of teachers and educational staff, and the low quality of education (CRC/C/CAF/CO/2, paragraph 60).

While duly noting the measures taken by the Government, the Committee is bound to express its concern at the large number of children deprived of education, especially because of the climate of insecurity in the country. Considering that free basic education is key to preventing the engagement of children in the worst forms of child labour, the Committee urges 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 quality basic education for all children in the Central African Republic, especially in the areas affected by the armed conflict, and giving particular attention to the situation of girls. It requests the Government to provide information on the measures taken in this respect and the results achieved, to the extent possible disaggregated by age and gender.

Clause (d). Children at special risk. 1. Street children and other vulnerable children. In its previous comments, the Committee noted that a number of children were living and working in the streets in the Central African Republic. It noted that a National Child Protection Council (CNPE) had been set up, with the mandate of assisting the Government with coordination, support, advice, monitoring and evaluation of policies and strategies concerning the protection of children.

The Committee notes with concern that the CNPE appears to be no longer operational and that the CRC highlights an absence of information on the role and mandate of the CNPE (CRC/C/CAF/CO/2, paragraph 10). The CRC also expresses concern at the lack of information on the number of children living in the streets and on violations of their rights. The Committee notes the Government’s information that the Ministry of Social Affairs, and also national and international non-governmental organizations (NGOs) established in the Central African Republic, are conducting activities for street children and other vulnerable children with a view to eradicating the worst forms of child labour and providing protection for the children. Considering that street children and other vulnerable children are particularly exposed to the worst forms of child labour, the Committee encourages the Government to continue taking immediate and effective measures to protect these children from the worst forms of child labour and to provide information on the measures taken by the CNPE in this regard. It requests the Government to provide information on progress made in this respect. It also requests the Government to provide information on the number of children living in the streets who have been identified, withdrawn from the streets and socially integrated, through the actions of the Ministry of Social Affairs and the NGOs based in the country.

2. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted that, according to estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS), there were some 110,000 HIV/AIDS orphans in the Central African Republic in 2013. It noted that a National Strategic Framework to combat HIV/AIDS had been drawn up in collaboration with UNAIDS.

The Committee notes the Government’s indication that measures for the protection of OVCs are being taken by the Ministry of Social Affairs and the NGOs, and also by the National Committee on Combating HIV/AIDS (CNLS), which aim to monitor children to prevent the possibility of their engagement in the worst forms of child labour. The Committee also notes that, according to UNAIDS estimates for 2016, the number of HIV/AIDS orphans has decreased slightly, to approximately 100,000. Recalling that HIV/AIDS orphans and other vulnerable children are at particular risk of becoming involved in the worst forms of child labour, the Committee urges the Government to intensify its efforts to protect these children from the worst forms of child labour, including by ensuring that the National Strategic Framework to combat HIV/AIDS is adopted and implemented as soon as possible. It requests the Government once again to send information on specific measures taken in this respect and the results achieved.

Article 8. International cooperation and assistance. Poverty reduction. Further to its previous comments, the Committee notes the Government’s indication that it does not have any information on the impact of the United Nations Development Assistance Framework (UNDAF) plan for peace building and development aid in the Central African Republic for 2012–16 on the worst forms of child labour.

However, the Committee notes that the Government has adopted the National Recovery and Peacebuilding Plan for the Central African Republic (RCPCA) for 2017–21, which includes components covering renewal of the social contract between the State and the population, and economic recovery and the revival of productive sectors. Moreover, the UN agencies and the Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) have developed a UN framework plan for peace building and development aid (PNUDAD+) for 2018–21, aligned to these national priorities. Reminding the Government that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the implementation of the RCPCA and PNUDAD+ on the elimination of the worst forms of child labour.

Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s indication that the security situation in the country prevents it from having reliable statistics on the situation of the worst forms of child labour in the Central African Republic. The Government adds that it may be possible to collect statistics if the security situation returns to normal, as the administrative bodies of the country could be redeployed. The Committee notes that, according to the country programme document of 10 August 2017 proposed by UNICEF and presented to the Executive Board of the UN Economic and Social Council, even though armed groups are still present in the country, the Central African Republic is gradually emerging from a period of institutional, social and political instability, with the adoption of a new Constitution in March 2016 and the holding of elections in 2016 (E/ICEF/2017/P/L.27, paragraph 1). The same document also indicates that a Multiple Indicator Cluster Survey (MICS) scheduled for 2017 will provide an update on the situation of children (paragraph 5). The Committee therefore expresses the hope once again that the Government will soon be in a position to provide statistics and information on the nature, extent and trends of the worst forms of child labour, and the number of children covered by the measures giving effect to the Convention. In this regard, it requests the Government to communicate the findings of the MICS.