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

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

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

• -sections 135–137 (offences against persons occupying various public functions), section 292 (dissemination of propaganda detrimental to the vital interests of the State and the nation) and section 295 (acts likely to compromise public security or cause serious political disturbances) of the Penal Code;
• -section 3 of Act No. 61/233 regulating associations, in conjunction with section 12 of the Act. Under section 12, the founders, directors, administrators or members of any association that is unlawfully maintained or reconstituted after the act of dissolution shall be liable to imprisonment, while section 3 provides that any association which is of such a nature as to give rise to political disturbances or discredit political institutions or the operation thereof shall be null and void.

The Committee notes the Government’s indication in its report that persons expressing political views or views ideologically opposed to the established political, social or economic system are not subjected to compulsory prison labour. The Committee requests the Government to continue ensuring that the abovementioned provisions of the national legislation are not used to punish the expression of political views or views ideologically opposed to the established political, social or economic system with a prison sentence, as a result of which the convicted persons may be forced to work. The Committee also requests the Government to continue providing information on the application in practice of the abovementioned provisions.

Article 1(d). Penalties which may be imposed on public officials in the event of a strike. In its previous comments, the Committee drew the Government’s attention to the fact that Ordinance No. 81/028 regulating the right to strike in the public service grants excessive powers of requisition vis-à-vis striking public officials (section 11) while also providing that strikers who refuse to comply with a requisition order shall be criminally liable (section 12). Section 11 authorizes the Government to undertake a requisition of strikers with a view to meeting the needs of the nation or when the public interest requires it or is seriously threatened, in order to ensure the continuity of public services. The Committee recalled in this regard that powers of requisition must be confined to essential services in the strict sense of the term.

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

While taking note of the information provided, the Committee also notes that, in the legislation, Ordinance No. 81/028 defines the powers of requisition vis à vis striking public officials too broadly. It recalls in this regard that Article 1(d) of the Convention prohibits the imposition of work, including compulsory prison labour, as punishment for having participated in a strike. The Committee requests the Government to take the necessary steps to re-examine this issue, bearing in mind its previous comments and also its comments on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). In the meantime, the Committee requests the Government to continue providing information on the application in practice of section 12 of Ordinance No. 81/028 and to ensure that it is not used by the courts to punish public officials who participate in strikes with imprisonment that may entail compulsory work.