Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - República Centroafricana (Ratificación : 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 noted several provisions of the national legislation which enable the imposition of prison sentences involving compulsory labour (pursuant to section 77 of Act No. 12.003 of 12 April 2012 establishing the basic principles of the prison system) in circumstances which might come within the scope of the Convention. The provisions in question are as follows:

• 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 indicates in its report that no prison sentence involving the obligation to work is imposed in practice as a penalty for the expression of political views or opposition to the established political, social or economic order. The Government points out that the Central African Association against Torture (ACAT RCA) ensures the application of the Convention.

The Government also indicates that the prison workforce consists of prisoners serving sentences involving forced labour. However, the Committee emphasizes in this regard that the national legislation also makes it possible to impose work on any person serving a custodial sentence. The Committee notes that the Government, in its report of 14 March 2025 to the United Nations (UN) Committee against Torture, indicates that the Penal Code is being revised (CAT/C/CAF/1). It also notes that the National Committee for Human Rights and Fundamental Freedoms (CNDHLF) expressed concern at the situation of journalists who are more and more anxious as regards going about their work and it referred to a journalist being held in custody. The Committee further notes the indication of the UN Secretary-General, in his report of 13 June 2025 on the Central African Republic, that some opposition leaders denounced the arbitrary arrests and intimidation of opposition leaders (S/2025/383).

The Committee requests the Government to provide information on the manner in which it ensures, in law and in practice, that no penalty involving compulsory labour, particularly as part of a prison sentence, is imposed on any person who peacefully expresses political views or opposition to the established political, social or economic order. In this context, the Committee requests the Government to provide information on any recourse in practice to the above-mentioned sections of the Penal Code and Act No. 61/233 regulating associations, indicating the penalties imposed and stating the facts giving rise to convictions. Lastly, the Committee hopes that, as part of the revision of the Penal Code, the Government will be able to review the above-mentioned provisions of the Penal Code, for example by limiting their scope to situations involving recourse to violence or incitement to violence, or by abolishing custodial sentences, to the extent that they involve compulsory labour. The Committee requests the Government to provide information on progress made in this regard.

Article 1(d). Imposition of prison sentences as a penalty for taking part in a strike. In its previous comments, the Committee noted Ordinance No. 81/028 regulating the right to strike in the public service, which provides that strikers who refuse to comply with a requisition order shall be held criminally liable (sections 11 and 12). The Committee asked the Government to amend the above-mentioned Ordinance to ensure that the legislation does not allow the penalty of imprisonment (involving compulsory labour) to be imposed on strikers who have refused to comply with a requisition order.

The Committee notes the Government’s indication that the draft revised Labour Code takes account of the Committee’s comments regarding the right to strike in the public service. In this regard, the Committee notes that, according to the Facebook page of the Ministry of Labour, Employment, Social Protection and Vocational Training, the draft revised Labour Code was adopted by the National Assembly on 15 May 2025. The Committee requests the Government to send a copy of the revised Labour Code, once it has been enacted. It hopes that the provisions covering strikes will be in conformity with Article 1(d) of the Convention, under which no penalty involving compulsory labour may be imposed for participating peacefully in a strike, and that at on the occasion of the revision of the Labour Code the provisions of Ordinance No. 81/028 will be amended or repealed.

Communication of legislation.The Committee requests the Government to send a copy of the legislation in force relating to freedom of communication and freedom of the press.