Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

In response to the previous comments of the Committee, the Government indicates that the process of reform of the penal legislation, undertaken in cooperation with the United Nations Peace-Building Office in the Central African Republic (BONUCA), has been suspended pending the installation of new Central African authorities. The Government adds that it will make every effort possible to revise the texts referred to by the Committee in its previous comments. The Committee takes note of this information. It notes with interest that the 2004 Constitution guarantees, inter alia, the freedoms of expression, assembly and association (articles 8, 12 and 13). Nevertheless, the Committee would like to reiterate the points to which it has previously drawn the Government’s attention.

Article 1(a) of the Convention. Imposition of imprisonment involving
 an obligation to work as a sanction for expressing political views or views ideologically opposed to the established political, social and economic order

1. For many years, the Committee has been drawing the Government’s attention to the need to amend or repeal the provisions of Act No. 60/169 of 12 December 1960 (dissemination of prohibited publications liable to prejudice the development of the Central African nation) and Order No. 3-MI of 25 April 1969 (dissemination of periodicals or news of foreign origin not approved by the censorship authority) which provide for sentences of imprisonment that involve compulsory labour by virtue of section 62 of Order No. 2772, regulating the functioning of penal institutions and the work of detainees. The Committee asks the Government to provide information on the measures taken with a view to amending or repealing the abovementioned provisions.

2. Furthermore, the Committee once again requests the Government to provide information on the application in practice of the provisions mentioned below, so that it will be able to assess their scope and ensure that they have no relevance to the application of the Convention. The Committee also asks the Government to supply a copy of any court decisions handed down under these provisions.

(i)  Section 77 of the Penal Code (dissemination of propaganda for certain purposes; actions of such a type as to jeopardize public safety, etc.) and sections 130 to 135 and 137 to 139 of the Penal Code (offences against persons occupying various public offices), which provide for prison sentences involving the obligation to work.

(ii)  Article 3 of Act No. 61/233 governing associations in the Central African Republic read in conjunction with article 12. Under article 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. Under article 3 of this Act any association which is "of a nature to give rise to political disturbance or cast discredit on political institutions and their functioning" shall be null and void.

The Committee recalls in this regard that, in most cases, work imposed on persons as a consequence of a conviction in a court of law has no relevance to the application of the Convention. On the other hand, if a person is in any way forced to work because she or he holds or has expressed particular political views, or views ideologically opposed to the established political, social or economic system, the situation is covered by the Convention. Furthermore, the Committee has already emphasized the importance, for the effective observance of the Convention, of legal guarantees regarding the rights of assembly, expression, protest and association, and the direct implications that restriction of these rights may have on the application of the Convention. The Committee hopes that the Government will take all necessary measures to ensure that no sentence involving the obligation to work is imposed as a result of the expression of political opinions or views opposed to the established political, social or economic system, in so far as these are expressed without recourse to violence.