Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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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Article 1 of the Convention. Self-identification. In reply to the Committee’s comments on the numerical size of the Aka and Mbororo peoples, the Government states that the Aka and Mbororo communities are transhumant indigenous peoples whose numerical size is not known. The Aka are located in the prefectures of Lobaye, Sanga-Mbaéré and Manbéré-Kadei while the Mbororo are found in the prefectures of Nana Mambéré, Ouham-Pendé, Ouaka, Basse-Kotto and Haut-Mbomou. While noting this information, the Committee encourages the Government to make efforts to collect data on the numerical size of these peoples and their socio-economic situation in so far as such data could enable the Government to better define and target measures to protect their rights.

Article 2. Systematic action developed with the participation of the peoples concerned. The Committee previously asked the Government to provide information on the measures taken, with the participation of representatives of the Aka and Mbororo peoples, to develop coordinated and systematic action to protect the rights of the peoples concerned. The Committee refers to its observation in this regard, in which it notes that the humanitarian and human rights situation remained a matter of concern in the country owing to the presence of various armed groups and that this situation was having an impact on the rights of indigenous peoples, some of whom had been obliged to flee their territories. The Committee notes the Government’s indication in its report that the Aka and Mbororo were identified during the transition period and their representatives have been appointed as national councillors to discuss, protect and defend their rights. The Government also indicates that, in cooperation with non-governmental organizations (NGOs), it is devising projects for indigenous communities so that they themselves can take up the challenges that they are facing and become involved in protecting and promoting their cultural heritage and defending their rights. Moreover, article 147 of the Constitution provides that the High Authority for Good Governance ensures the protection of minorities and indigenous peoples.

The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 4 May 2018, expressed concern at the persistent marginalization, poverty and extreme vulnerability of indigenous populations. The CESCR refers in particular to: the obstacles faced by indigenous peoples in obtaining identity documents and registering births; the difficulties of access to health services that are well equipped and staffed with qualified personnel, especially in the prefecture of Lobaye; difficulties in obtaining land; the fact that these populations are in precarious, underpaid employment, particularly in agriculture, and are sometimes reduced to slavery by other local ethnic groups; and their weak representation and participation in political and public affairs (E/C.12/CAF/CO/1, paragraph 21).

While noting the complexity of the situation in the country and the difficulties faced by the Government, the Committee reiterates the importance of adopting a coordinated and systematic approach and action to protect the rights of indigenous peoples enshrined in the Convention. The Committee therefore requests the Government to send information on the measures taken to formulate and implement, with the participation of representatives of the Aka and Mbororo peoples, coordinated and systematic action encompassing all their rights. The Committee also requests the Government to indicate the measures taken to increasingly institutionalize the participation of indigenous peoples in public policies and economic development programmes which are likely to affect them directly, in accordance with Articles 2, 7 and 33 of the Convention. Lastly, noting that it lies with the High Authority for Good Governance the responsibility to ensure protection of indigenous peoples, the Committee requests the Government to provide information on the action it is taking in this field.

Article 5. Recognition of the values of indigenous peoples. In its previous comments, the Committee noted that the Cultural Charter of the Central African Republic (Act No. 06-002 of 10 May 2006) had the objective of protecting national cultural heritages, and particularly the cultural itineraries and areas of ethnic minorities, and of promoting intercultural dialogue and cultural diversity. The Committee asked the Government to indicate the manner in which the participation and cooperation of indigenous peoples are ensured in this context. The Government indicates that indigenous peoples are consulted, informed and represented at all levels of the administration and local communities before any decision is taken concerning their social, cultural, religious and spiritual values and practices. The Committee requests the Government to provide examples of measures which have been adopted with a view to protecting the social, cultural, religious and spiritual values and practices of indigenous peoples, indicating the manner in which the latter have participated and cooperated in the adoption of these measures.

Articles 6 and 7. Appropriate procedures for consultation and participation. With regard to the absence of systematic procedures for the consultation of indigenous peoples regarding the adoption of legislative or administrative measures likely to affect them, the Committee notes that the Government once again refers to the consultation procedure within the Economic and Social Council, provided for in article 130 of the Constitution. The Committee observes that the Economic and Social Council is consulted on any plan, bill or programme of action of an economic, social, cultural or environmental nature. While noting that the Aka and Mbororo indigenous communities are represented in the Economic and Social Council, the Committee recalls in this regard that, under Article 6, the Convention prescribes the need to hold specific consultations with indigenous peoples whenever consideration is being given to legislative or administrative measures which may affect them directly. It also prescribes the need to hold consultations in the specific situations provided for in Articles 15(2), 16, 17, 22, 27 and 28. The Committee therefore once again requests the Government to take the necessary steps to ensure that indigenous peoples are consulted and are able to participate in an appropriate manner, through their representative institutions, in the development of consultation procedures, so that they can express their views and have an influence on the final outcome of the process.

Article 11. Prohibition of the exaction of compulsory personal services. In its previous comments, the Committee asked the Government to examine the suspected cases of servitude in which certain members of the Aka people were reportedly victims. Since there has been no reply from the Government in this regard and noting that the CESCR expressed concern at the fact that these communities are often reduced to slavery by other local ethnic groups, the Committee urges the Government to take the necessary steps to identify any practices whereby Aka communities are forced to work without their consent and to put an end to such practices.

Articles 13 and 14. Land. In its previous comments, the Committee asked the Government to indicate the measures taken to identify the lands traditionally occupied by indigenous peoples and to guarantee their rights to these lands. In its reply, the Government indicates that these measures are laid down in the Forest, Mining and Environment Codes. The Committee observes that these Codes do not appear to contain the right of ownership with regard to the lands traditionally occupied by indigenous peoples and that the Government previously indicated that it would be necessary to recognize the importance of indigenous peoples’ right to land by regulatory means. The Committee recalls that recognition and effective protection of the rights of indigenous peoples over the lands which they traditionally occupy, in accordance with Article 14 of the Convention, are essential for safeguarding the integrity of these peoples and consequently for ensuring the other rights established by the Convention. The Committee therefore once again requests the Government to provide information on the provisions of the legislation that would recognize the customary rights of indigenous peoples over the lands which they traditionally occupy. The Committee also requests the Government to indicate whether and, if so, in what form the right of nomadic groups to use lands not exclusively occupied by them is recognized. The Committee requests the Government to provide information on any land claim originating from the Aka and Mbororo peoples and, if applicable, on any action taken in response to these claims.

Article 15. Natural resources. In its previous comments, the Committee noted that, under the terms of the Forest Code (Act No. 08-022 of 17 October 2008), any concession of a state forest area for industrial exploitation shall be subject to prior consultation with the local populations, including indigenous peoples. The Forest Code recognizes that under customary law indigenous populations have a right of usage with regard to the exploitation of state forest areas. The Code also establishes a system of community forests which potentially allows the management, conservation and exploitation of forestry resources by indigenous communities, through the establishment of a management agreement between the community and the State. Moreover, the products of the forest, including animal species, belong entirely to the population groups concerned (section 133 et seq.).

The Committee notes the Government’s indication that all forest or industrial operations or concessions relating to state areas are subject to prior consultation with local and indigenous populations. This applies to the award of exploitation and management permits to forestry enterprises for the industrial exploitation of forest areas and to the process for the identification and allocation of community forests. The Committee also notes Decree No. 15463 of 3 December 2015 establishing arrangements for the allocation and management of community forests pursuant to the provisions of the Forest Code and supplementing the “Handbook of procedures for the allocation of community forests” drawn up in 2011 by the Ministry of Waterways, Forests, Hunting and Fishing.

The Committee requests the Government to provide information on any management agreements signed by indigenous communities and the State regarding the allocation of community forests, indicating the number of requests made, the number of agreements signed, and the communities and geographical areas concerned. The Committee also requests the Government to indicate whether indigenous communities have been consulted before exploitation and management permits have been granted to forestry enterprises. Moreover, the Committee once again requests the Government to indicate the means by which the rights of the Aka and Mbororo peoples to other natural resources are specially safeguarded and the manner in which these rights are exercised.

Articles 21 to 31. Recruitment and conditions of employment, vocational training and education. In its previous comments, the Committee asked the Government to provide information on the measures taken, in cooperation with the Aka and Mbororo peoples, to provide them with effective protection regarding recruitment and conditions of employment, vocational training and access to education. The Committee notes that the Government refers to the provisions of the Constitution which guarantee these rights to the whole population without distinction and to certain provisions of the Labour Code. The Government also indicates that in the context of the National Recovery and Peacebuilding Plan for the Central African Republic, one of the three pillars is devoted to renewing the social contract between the State and the population. The provision of basic services is the absolute priority of the Plan, which states that (page 32): “Improvements in access to education, health, nutrition, water, and sanitation, as well as social protection, will have a positive impact on stability by offering opportunities to disenfranchised youth and improving living standards; and will introduce the foundations for economic recovery by helping build a healthy and skilled labour force and putting in place the elements of a national social safety net.” With regard to education, the Government indicates that in view of the national circumstances and the destruction of administrative building and archives, it is not in a position to provide information on the evaluation of the “National action plan for education for all 2004–15” and its impact on indigenous peoples.

Recognizing the impact of the conflict on public institutions, particularly education and health establishments, the Committee hopes that the Government will take the necessary steps, including through the implementation of the National Recovery and Peacebuilding Plan, to enable indigenous peoples to enjoy the protection afforded by the Convention with regard to education, health and access to employment. It requests the Government to provide information on the special measures taken in cooperation with the indigenous peoples concerned relating to:

(i) access to vocational training and effective protection with regard to recruitment and conditions of employment;
(ii) access of children of the Aka and Mbororo peoples to education, in particular schools which meet their particular requirements; and
(iii) access to health services, which take account as far as possible of their economic, geographical, social and cultural conditions and their traditions.

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. The Committee also requests the Government to provide information on cooperation with neighbouring countries with regard to indigenous peoples who have been displaced by the conflict and to the issue of transhumance (migratory livestock farming).