Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation on the following matters.

Article 1, paragraph 1, and Article 2, paragraph 1, of the Convention. Idleness, active population and compulsory activities. Since 1966, the Committee has been drawing the Government’s attention to the need to repeal certain provisions of the national legislation under which forced or compulsory labour could be exacted and which are therefore contrary to the Convention:

–      Ordinance No. 66/004 of 8 January 1966 with respect to the suppression of idleness, as amended by Ordinance No. 72/083 of 18 October 1972, under which any able-bodied person aged between 18 and 55 years who cannot prove that she or he is engaged in a normal activity providing for her or his subsistence or that she or he is engaged in studies is considered to be idle and liable to a penalty of between one and three years of imprisonment;

–      Ordinance No. 66/038 of June 1966 respecting the supervision of the active population, under which any person aged between 18 and 55 years who cannot justify belonging to one of the eight categories of the active population shall be called up to cultivate land designated by the administrative authorities and shall also be considered a vagabond if apprehended outside her or his sous-préfecture of origin and shall be liable to a sentence of imprisonment;

–      Ordinance No. 75/005 of 5 January 1975 obliging all citizens to provide proof of the exercise of a commercial, agricultural or pastoral activity and making persons in violation of this provision liable to the most severe penalties; and

–      section 28 of Act No. 60/109 of 27 June 1960 with respect to the development of the rural economy, under which minimum surfaces for cultivation are to be established for each rural community.

In its latest report, the Government once again indicates that these texts have become obsolete, and that they are being revised in cooperation with the United Nations Peace-Building Office in the Central African Republic (BONUCA) which is awaiting the restoration of constitutional legality. The Government reiterates its commitment to repeal the provisions of these texts which are contrary to the Convention. The Committee takes note of this information. As this matter has been the subject of its comments for many years, the Committee expresses the hope that there will soon be a situation of institutional stability in order to allow the Government to take all the necessary measures to formally repeal the above texts.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.