Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Central African Republic (Ratification: 2010)

Other comments on C169

Observation

Direct Request

2018
2015
2014
2013

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The Government refers in its report to the provisions of Act No. 13.001 of 18 July 2013 issuing the Transitional Constitutional Charter. The Committee hopes that the next report will provide full information on the following points.

Article 1 of the Convention. Self-identification. The Committee requests the Government to specify the numerical size of the Aka and Mbororo peoples and the regions in which they live.

Article 2. Systematic action developed with the participation of the peoples concerned. The Committee requests the Government to provide information on the measures adopted, with the participation of representatives of the Aka and Mbororo peoples, to develop coordinated and systematic action with a view to protecting the rights of the peoples concerned. It also requests the Government to indicate the manner in which indigenous peoples have been associated in the implementation of these measures.

Article 3. Implementation of human rights without discrimination. The Committee requests the Government to describe all the measures adopted to guarantee that indigenous peoples enjoy the full measure of human rights and fundamental freedoms without hindrance or discrimination.

Article 4. Special measures. The Committee noted previously that the Ministerial Order of 1 August 2003 prohibiting the exploitation and/or export of the oral traditions of Central African cultural minorities for commercial purposes established the principle that the exploitation of the oral traditions of cultural minorities is illegal. The Committee requests the Government to provide information on other special measures adopted that have been found appropriate for safeguarding the persons, institutions, property, labour, culture and environment of the Aka and Mbororo peoples.

Article 5. Recognition of the values of indigenous peoples. The Committee noted previously that Act No. 06.002 of 10 May 2006 issuing the Cultural Charter of the Central African Republic had the objective of protecting national cultural heritages, and particularly the cultural itineraries and areas of ethnic minorities. The Charter also advocates for intercultural dialogue and the promotion of the cultural diversity of the Central African Republic. The oral traditions of the Aka Pygmies of the Central African Republic were proclaimed a Masterpiece of the Oral and Intangible Heritage of Humanity by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2003. The Committee requests the Government to indicate the manner in which the participation and cooperation of indigenous peoples have been assured with a view to recognizing and protecting their social, cultural, religious and spiritual values and practices, and respecting the integrity of their institutions.

Articles 6 and 7. Appropriate mechanism for consultation and participation. The Committee notes that there is no systematic process for consulting indigenous peoples on the matters concerning them. It also notes that Decree No. 07.293 of 11 October 2007 regulating the Economic and Social Council provides that the indigenous Aka and Mbororo communities shall be represented by one person each. The Committee requests the Government to provide information on the measures adopted for the establishment, in accordance with the Convention, of an appropriate consultation and participation mechanism. It asks the Government to ensure that indigenous peoples are consulted and are able to participate in an appropriate manner, through their representative institutions, in the development of this mechanism, so that they can express their views and have an influence on the final outcome of the process.

Article 8. Customary law. The Committee requests the Government to provide examples of the application in practice of Article 8 of the Convention.

Article 10. Penalties. The Committee requests the Government to provide examples of the application in practice of Article 10 of the Convention.

Article 11. Prohibition of the exaction of compulsory personnel services. The Committee notes that the Labour Code establishes an absolute prohibition of forced or compulsory labour in all its forms, including as a method of mobilizing and using labour for purposes of economic development or as a means of racial, social, national or religious discrimination. With reference to its 2014 direct request on the application of the Forced Labour Convention, 1930 (No. 29), the Committee requests the Government to indicate the methods of supervision employed and the sanctions prescribed to ensure the application of the provisions of this Article of the Convention. It hopes that the Government will take all the necessary measures to prohibit the exaction of compulsory personnel services.

Article 12. Legal proceedings. The Committee noted previously that the regulatory system in place makes no provision for the authorities and the courts to take into consideration any language difficulties that maybe encountered by indigenous peoples. The Committee requests the Government to provide further information on the measures taken to ensure that the Aka and Mbororo peoples are able to understand and be understood in the context of legal proceedings. It also requests the Government to indicate the manner in which it is ensured that the representative organizations of the Aka and Mbororo are able to take legal action to guarantee the rights provided for in the Convention.

Part II. Land. The Committee requests the Government to indicate the measures taken to identify the lands traditionally occupied by the peoples concerned and to guarantee effective protection of the rights of indigenous peoples to these lands (Article 14). Please also indicate the measures adopted to give effect to Articles 17 to 19 of the Convention.

Article 15. Natural resources. The Committee notes that Act No. 08.022 of 17 October 2008 issuing the Forest Code of the Central African Republic recognizes that the forest maintains the fertility of the soil, generates many environmental services and contributes to carbon sequestration, and to the survival and well-being of populations, and especially peoples who are culturally and intimately associated with it. The Code also provides that any concession of a part of the State forest for industrial exploitation shall be subject to prior consultation with the local populations, including indigenous peoples. The Forest Code, which covers the national forest, establishes the principle of State ownership and the right of use by indigenous peoples of the public forest. The Forest Code establishes a system of community forests which potentially allows for the direct management of forest resources by indigenous communities. The Committee requests the Government to indicate the measures taken to safeguard the rights of indigenous peoples in relation to forests. It asks the Government to indicate the means by which the rights of the Aka and Mbororo peoples to other natural resources are specially safeguarded and in which these rights are exercised. It also invites the Government to indicate the procedures that exist to ensure the participation of indigenous peoples in the benefits from the exploitation of the resources pertaining to their lands.

Article 16. Relocation. The Committee requests the Government to describe the provisions guaranteeing that, where the relocation of indigenous peoples is necessary, their free and informed consent is sought and, where it cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations (Article 16(2)).

Part III. Recruitment and conditions of employment. The Committee requests the Government to describe the measures adopted in cooperation with the Aka and Mbororo peoples to ensure their effective protection in relation to recruitment and conditions of employment. Please indicate the measures taken to ensure adequate labour inspection services in the areas inhabited by indigenous peoples.

Part IV. Articles 21, 22 and 23. Vocational training, handicrafts and rural industries. The Committee requests the Government to indicate the measures adopted so that indigenous peoples can benefit from vocational training in accordance with Articles 21 to 23 of the Convention.

Part V. Social security and health. The Committee requests the Government to indicate the measures adopted for the progress extension of social security schemes to the Aka and Mbororo peoples.

Part VI. Education and means of communication. The Committee requests the Government to indicate the measures taken to give effect to Articles 26 to 31 of the Convention.

Part VII. Article 32. Contacts and cooperation across borders. The Committee requests the Government to provide information on the measures taken and the bilateral agreements concluded to give effect to this provision of the Convention.