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

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

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.]