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

Individual Case (CAS) - Discussion: 2014, Publication: 103rd ILC session (2014)



A Government representative recalled the context of the Committee of Experts’ comments on its application of Convention No. 169. The Central African Republic was a vast country with low density population and borders that were not well controlled, which had over 650,000 people displaced due to internal violence. The transitional Government was trying to restore the authority of the State, with limited means for the maintenance of order at its disposal, while the international community had prohibited the re-armament of the national armed forces and administration was virtually non-existent outside the capital. Despite the presence of different peacekeeping forces, the two main armed militias, the Seleka and the Anti-Balaka, continued their violence against civilians targeted by their supposed religious identity. The situation in terms of humanitarian law and human rights was compounded by the inability of the judicial system, which fostered a sense of impunity. The indigenous peoples of the Central African Republic suffered in varying degrees from the conflict. The BaAka pygmies were not directly affected. Living in a semi-nomadic manner in the heart of the dense forest, their difficult cohabitation with the Bantu peoples was characterized by exploitation, discrimination and violence. The Mbororo Peul were the direct victims of the Seleka, which had seized some of their herds before imposing a duty of illegal grazing. The Anti-Balaka militia also attacked the cattle of the Mbororo Peul in the regions they controlled. Those persecutions had resulted in massive displacement of the Mbororo, both inside, from the north-west to the south-east of the country, and outside, to Cameroon, the Democratic Republic of the Congo, Chad and Sudan. Relocation measures had been taken with the support of the International Organization for Migration (IOM) to protect the Mbororo Peul people. Under the circumstances prevailing since March 2013, it was difficult for the Government to ensure the application of Convention No. 169, and the conflict affected the entire population and not only the indigenous peoples. The Government was counting on the active solidarity of the international community to overcome the serious crisis which the country faced. The Office could contribute through its assistance in the promotion of Convention No. 169.

The Employer members congratulated the Government on its ratification of Convention No. 169, particularly as it was the first African country to have done so, as well as on sending its first report, in June 2013, despite the exceptional circumstances in the country. The available information provided indicated that the Government was in a weak position and that the country was under serious threat. It was therefore difficult to speak of the effective application of Convention No. 169, in view of the absence of the institutions necessary to give effect to it. The ILO needed to enter into collaboration with the organizations of the United Nations with a view to strengthening national institutions, and only then could the effective implementation of the Convention be required. Once the present humanitarian and institutional crisis was over, the Government could be expected to use the Convention as a means of governance, including the obligation for prior informed consultation of the indigenous and tribal peoples. The Convention could serve as a general platform for the revival of social dialogue and consensus. The parties responsible should be urged to comply with Article 3 of the Convention to guarantee full respect for the human rights of the Aka and Mbororo.

The Worker members recalled that the Central African Republic was the first African country to ratify Convention No. 169 in 2010. However insecurity, the breakdown of public order and inter-religious tension had led to a situation of the mass violation of humanitarian and human rights, mainly targeting the Aka and Mbororo. Militias committed extra-judicial executions, torture, sexual abuse, rape and the forced recruitment of children, all of which constituted war crimes and crimes against humanity. Most of the violence was targeted at ethnic and religious groups. In the circumstances, the Committee of Experts was concerned at the aggravation of inter-community tension and at the violence that was directed specifically at indigenous people, consisting of the Aka and Mbororo. However, under Article 2 of the Convention, the Government was required to protect the rights of these peoples and to guarantee their integrity. In terms of safeguarding individual rights, institutions, property, work, culture and the environment of the Aka and Mbororo populations, there was no indication that any steps had been taken to give effect to the Ministerial Order of 1 August 2003 prohibiting the exploitation or export of the oral traditions of cultural minorities. The Government had also failed to indicate the form taken by the participation and cooperation of peoples called for in Article 5 of the Convention or how effect was given to Article 8 in relation to the preservation of their customs and institutions. The Government needed to undertake to protect the culture of ethnic minorities, recognize the traditional forms of justice of the Aka and Mbororo, reinforce the provisions of the Criminal Code prohibiting discrimination, take account of their linguistic difficulties in their access to justice and guarantee the effective exercise of their right to land.

The Worker member of Zambia echoed the Government’s description of the political and social instability in the Central African Republic, which had begun in 2012. The situation had worsened the human rights and humanitarian crisis in the country, and there had been distressing stories of hardship. The grave situation had negatively impacted the indigenous people in the country. The number of displaced people had risen from 94,000 in 2012 to 625,000 in 2014. Similar numbers of people had fled the country, which had given rise to difficulties in host countries such as Cameroon, Chad and the Democratic Republic of the Congo. Reports referred to over 3,000 child soldiers, and the majority of the victims were women, children and the elderly spanning the Christian Muslim divide. He called upon the United Nations to make use of its mandate and the means available to it to protect the vulnerable civilians. An environment conducive to humanitarian aid should be created immediately while other efforts to end the conflict were under way.

The Worker member of France noted that the Aka and Mbororo were among the most vulnerable in the country and that they had been victims of violence and discrimination well before the present conflict, including being expelled from their land without compensation, confined to poorly paid jobs, and having limited or no access to health and education owing to their remoteness and the cost. The worst atrocities had been committed in a climate of civil war, to such a degree that the United Nations had warned of a threat of genocide. Land claims and displacement of peoples added to the existing tensions, in particular against indigenous peoples.

The Worker member of Mali raised the issue of the legal framework for the protection of indigenous peoples in the Central African Republic. The Aka pygmies and the Mbororo Peul did not benefit from official legal recognition which would ensure their statistical visibility and facilitate the coordination of public initiatives on their behalf. A specific legal framework needed to be developed to safeguard their cultural rights and to protect them against discrimination, including that faced by indigenous women. Indigenous peoples’ access to justice also needed to be promoted, particularly through the removal of financial and linguistic obstacles. Lastly, the Labour Code should take account of the specific and often abusive conditions to which they were subjected, particularly in the forestry and tourism sectors.

The Government representative thanked the speakers for their understanding concerning the situation in his country. With the support of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) established by the Security Council by Resolution 2149 (2014), it was to be hoped that the authorities would be able to protect all of the indigenous peoples of the country including the Aka and Mbororo. The assistance and advice of the ILO should contribute to the search for a lasting solution giving all due consideration to international labour standards. For its part, the Government was firmly committed to this objective, in cooperation with employers’ and workers’ organizations, as well as representatives of the indigenous peoples.

The Employer members said that the case concerned a humanitarian crisis of as yet incalculable proportions. For that reason, there was an immediate need to collaborate with the United Nations system to gain entry to evaluate and review the compliance of Convention No. 169. The Employer members requested the Government to keep the Committee informed of any developments in that respect.

The Worker members thanked the Government representative and expressed their understanding of the challenges faced by the transitional Government. Despite those difficulties, compliance with the Convention must be secured urgently so that indigenous and tribal peoples could enjoy all of the rights guaranteed to them. Mechanisms of participation and consultation of the Aka and Mbororo must be strengthened in accordance with the Convention. The Government needed to provide information on the application of the Ministerial Decree of 1 August 2003, ensure formal recognition of traditional forms of justice and facilitate access to procedures to ensure the rights protected by the Convention. It should present a report in time for the next session of the Committee of Experts on the action taken up to now so that it could follow up the situation in its 2015 report. Finally, the request by the Government for technical assistance should be followed up.

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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).

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 2 and 3 of the Convention. Protection of human rights and fundamental freedoms of indigenous peoples. In its previous comments, the Committee expressed deep concern at the continuing insecurity in the country and the acts of violence that have resulted in victims among the country’s indigenous communities and which have led to the flight of many farmers, particularly among the Mbororo, who have gone into exile in neighbouring countries. The Committee requested the national transitional authorities to make greater efforts to ensure full respect for the human rights of indigenous peoples, especially those of children and women from the Aka and Mbororo communities.

The Committee notes the Government’s indication in its report that in the wake of the crisis in the country in 2013 it observed mass displacements of indigenous peoples, particularly the Mbororo, against their will, for security-related reasons. The Government states that during the transition period the Aka and Mbororo peoples were identified and their representatives were appointed as national councillors to discuss, protect and defend their rights. The Government also refers to the guarantees enshrined in the new Constitution of 2016, particularly article 6, which provides that the State shall ensure the robust protection of the rights of minorities, indigenous peoples and persons with disabilities. The Government indicates that the National Recovery and Peacebuilding Plan for the Central African Republic, adopted in October 2016, constitutes an urgent and immediate response to the needs of all population groups without any distinction.

The Committee notes the different documents of United Nations (UN) bodies which examine the situation in the Central African Republic, in particular: the report of the Secretary-General on the situation in the Central African Republic; the report of the Independent Expert on the situation of human rights in the Central African Republic; and the report of the Panel of Experts on the Central African Republic (S/2018/922 of 15 October 2018; A/HRC/39/70 of 13 August 2018 and the statement of 27 September 2018; and S/2018/729 of 23 July 2018). The Committee notes that the Independent Expert indicates in her statement of September 2018 that the human rights situation is characterized by the constant attacks by armed groups on civilians, the continuing weakness of state authority, a culture of impunity, discrimination based on ethnic origin and religion, and the social fragmentation and marginalization of certain population groups. In general, the Committee observes that the information in the above-mentioned documents reveals that although some progress has been observed, particularly in the context of the African Initiative for Peace and local peace agreements, the humanitarian and human rights situation remains a source of concern with a proliferation of conflict zones, constant abuses and human rights violations resulting from the persistent attacks by various armed groups, inter-community violence, and the displacement of large numbers of people. Moreover, the Committee notes that the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 4 May 2018, expressed its concern at the persistent marginalization, poverty and extreme vulnerability of indigenous populations (Mbororo and Aka), who continue to meet with considerable obstacles to the enjoyment of their rights under the Covenant, a situation which has worsened as a result of the situation of conflict in the Central African Republic (E/C.12/CAF/CO/1, paragraph 21).

The Committee notes all the above information with deep concern. While recognizing the complexity of the situation in the country, the Committee urges the Government to take all the necessary steps to put an end to the violence and human rights violations to which the civilian population has been exposed, especially those suffered by indigenous peoples who have been compelled to leave their territories. The Committee trusts that the implementation of the National Recovery and Peacebuilding Plan for the Central African Republic will enable the restoration of order, security and stability in the country so as to guarantee that the Aka and Mbororo peoples enjoy their rights under the Convention, to protect their integrity and to enable the return of persons displaced from their communities. The Committee requests the Government to indicate the measures taken in this regard and the manner in which indigenous peoples and their representatives have participated in the formulation and implementation of the measures that concern them.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

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).

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

Articles 2 and 3 of the Convention. Protection of human rights and fundamental freedoms of indigenous peoples. In its previous comments, the Committee expressed deep concern at the continuing insecurity in the country and the acts of violence that have resulted in victims among the country’s indigenous communities and which have led to the flight of many farmers, particularly among the Mbororo, who have gone into exile in neighbouring countries. The Committee requested the national transitional authorities to make greater efforts to ensure full respect for the human rights of indigenous peoples, especially those of children and women from the Aka and Mbororo communities.

The Committee notes the Government’s indication in its report that in the wake of the crisis in the country in 2013 it observed mass displacements of indigenous peoples, particularly the Mbororo, against their will, for security-related reasons. The Government states that during the transition period the Aka and Mbororo peoples were identified and their representatives were appointed as national councillors to discuss, protect and defend their rights. The Government also refers to the guarantees enshrined in the new Constitution of 2016, particularly article 6, which provides that the State shall ensure the robust protection of the rights of minorities, indigenous peoples and persons with disabilities. The Government indicates that the National Recovery and Peacebuilding Plan for the Central African Republic, adopted in October 2016, constitutes an urgent and immediate response to the needs of all population groups without any distinction.

The Committee notes the different documents of United Nations (UN) bodies which examine the situation in the Central African Republic, in particular: the report of the Secretary-General on the situation in the Central African Republic; the report of the Independent Expert on the situation of human rights in the Central African Republic; and the report of the Panel of Experts on the Central African Republic (S/2018/922 of 15 October 2018; A/HRC/39/70 of 13 August 2018 and the statement of 27 September 2018; and S/2018/729 of 23 July 2018). The Committee notes that the Independent Expert indicates in her statement of September 2018 that the human rights situation is characterized by the constant attacks by armed groups on civilians, the continuing weakness of state authority, a culture of impunity, discrimination based on ethnic origin and religion, and the social fragmentation and marginalization of certain population groups. In general, the Committee observes that the information in the abovementioned documents reveals that although some progress has been observed, particularly in the context of the African Initiative for Peace and local peace agreements, the humanitarian and human rights situation remains a source of concern with a proliferation of conflict zones, constant abuses and human rights violations resulting from the persistent attacks by various armed groups, inter-community violence, and the displacement of large numbers of people. Moreover, the Committee notes that the UN Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 4 May 2018, expressed its concern at the persistent marginalization, poverty and extreme vulnerability of indigenous populations (Mbororo and Aka), who continue to meet with considerable obstacles to the enjoyment of their rights under the Covenant, a situation which has worsened as a result of the situation of conflict in the Central African Republic (E/C.12/CAF/CO/1, paragraph 21).

The Committee notes all the above information with deep concern. While recognizing the complexity of the situation in the country, the Committee urges the Government to take all the necessary steps to put an end to the violence and human rights violations to which the civilian population has been exposed, especially those suffered by indigenous peoples who have been compelled to leave their territories. The Committee trusts that the implementation of the National Recovery and Peacebuilding Plan for the Central African Republic will enable the restoration of order, security and stability in the country so as to guarantee that the Aka and Mbororo peoples enjoy their rights under the Convention, to protect their integrity and to enable the return of persons displaced from their communities. The Committee requests the Government to indicate the measures taken in this regard and the manner in which indigenous peoples and their representatives have participated in the formulation and implementation of the measures that concern them.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

Article 3 of the Convention. Human rights and fundamental freedoms of indigenous peoples. The Government refers in its report to the provisions of Act No. 13.001 of 18 July 2013 issuing the Transitional Constitutional Charter. In its previous comments, the Committee emphasized the violence targeted at the members of the Aka and Mbororo peoples, protected under the Convention, and the worsening insecurity and tensions between communities in the country. The Committee notes that on 28 April 2015 the United Nations Security Council adopted Resolution 2217 (2015), in which it notes with concern that the security situation in the Central African Republic remains fragile and condemns the multiple violations of human rights and abuses committed against minorities. The Committee once again expresses deep concern at the acts of violence that have resulted in victims among the country’s indigenous communities and which have led to the flight of many farmers, particularly among the Mbororo, who have gone into exile in neighbouring countries. The Committee urges all parties to refrain from violence and to re-establish dialogue between the various communities. The Committee recalls, as the United Nations Security Council has done, that it is the responsibility of the authorities of the Central African Republic to protect all the peoples of the country, and it once again requests the national transitional authorities to make greater efforts to ensure full respect for the human rights of indigenous peoples, especially those of children and women of the Aka and Mbororo communities. The Committee also hopes that the ILO will be able to contribute to finding a sustainable solution that would give international labour standards their rightful place.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Self-identification. In its report, the Government states that the Aka and Mbororo populations constitute the indigenous peoples of the Central African Republic. The Committee requests the Government to specify in its next report the size of the Aka and Mbororo populations and the regions in which they live.

Article 2. Systematic action developed with the participation of the peoples concerned. The Government states that, from an institutional standpoint, the High Commissioner for Human Rights and Good Governance is particularly active with respect to the rights of indigenous peoples. The Committee requests the Government to submit information on the measures adopted, with the participation of representatives from the Aka and Mbororo populations, for developing coordinated and systematic action to protect the rights of the peoples concerned. It also invites the Government to indicate the way in which the indigenous peoples have been associated in the implementation of these measures.

Article 3. Implementation of human rights without discrimination. According to the Government, the Central African Penal Code strengthens protection against 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 Government points out that the Ministerial Decree of 1 August 2003 banning the exploitation and/or exportation of the Central African cultural minorities’ oral traditions for commercial purposes has established the principle that the exploitation of the oral traditions of cultural minorities is illegal. The Government states that this Decree may be considered as a special protective measure in so far as it is provisional and specifically protects those populations who have suffered in the past. The Committee requests the Government to provide information on other special measures adopted that might have been found appropriate for safeguarding the persons, institutions, property, labour, cultures and environment of the Aka and Mbororo populations concerned.

Article 5. Recognition of the values of indigenous peoples. The Government states that Act No. 06.002 of 10 May 2006 on the Cultural Charter of the Central African Republic was enacted with a view to protecting the national cultural heritage, especially the cultural itineraries and areas of the ethnic minorities. The Charter also advocates intercultural dialogue and the promotion of the cultural diversity of the Central African Republic. The Government also points out in its report that other practical measures have already been taken, for instance the recognition by the United Nations Educational Scientific and Cultural Organization in 2003 that the oral traditions of the Aka Pygmies of the Central African Republic belong to the Representative List of the Intangible Cultural Heritage of Humanity, as well as the establishment of a cultural centre in Mbaïki, in Lobaye, with the assistance of the non-governmental organization Caritas. However, the Government adds that the lack of a direct reference to the cultural rights of the indigenous peoples remains a serious shortcoming. The Committee requests the Government to indicate the way in which the participation and cooperation of the 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 Government states in its report that, generally speaking, there are no systematic means whereby indigenous peoples may be consulted on matters concerning them. Its major challenge is to establish institutional mechanisms to guarantee the consultation and participation of indigenous peoples. In its report, the Government specifies that Decree No. 07.293 of 11 October 2007 regulating the Economic and Social Council provides that the Mbororo and Aka indigenous communities shall be represented by one person each on this Council. The Committee requests the Government to include in its next report information on the measures adopted to establish, in accordance with the Convention, an appropriate consultation and participation mechanism. It requests the Government to ensure that the indigenous peoples are consulted and may participate in an appropriate way, through their representative entities, in the development of the said mechanism, and in such a manner that they might express their opinion and have an influence on the final outcome of the process.

Article 8. Customary law. In its report, the Government states that, although there is no formal and legal recognition of the traditional forms of the administration of justice among indigenous peoples, there is an informal (and practical) recognition of customary law among the Aka indigenous communities. The Committee requests the Government to provide examples of the application of Article 8 of the Convention in practice.

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

Article 11. Banning of compulsory personal services. According to the Government, the Labour Code bans, in absolute terms, forced or compulsory labour in all its forms, such as mobilizing and using labour for economic development purposes or taking measures on the grounds of racial, social, national or religious discrimination. The Committee refers to its direct request of 2011 concerning the application of the Forced Labour Convention, 1930 (No. 29), in which it had noted information on the exploitation of the Aka indigenous populations and had requested the Government to take all necessary measures to ensure that a national structure was established to investigate the situation of the Aka populations and, in particular, the suspected cases of servitude to which they were exposed, adopting the necessary measures to prosecute and punish the perpetrators. The Committee requests the Government to indicate in its next report 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 ban compulsory personal services.

Article 12. Legal proceedings. The Government states in its report that the regulatory system in place makes no provision for the authorities and courts to take into consideration any language difficulties that indigenous peoples might encounter. The Government also points out that the issue of access to justice remains a significant challenge because indigenous peoples are often victims of exploitation, violence, as well as of violations of their fundamental rights at work, and they have little prospect of recourse to justice. The challenges are also of a financial nature, since access to justice is often impossible due to a lack of financial means. The Committee requests the Government to provide fuller information on the measures taken to ensure that the Aka and Mbororo populations can understand and be understood in legal proceedings. It also asks the Government to indicate the way in which the representative organizations of the Aka and Mbororo are able to take legal proceedings, thereby guaranteeing the rights provided for under the Convention.

Part II of the report form. Land. In its report, the Government states the need for the national legislation to recognize the importance of land rights for the indigenous peoples, especially the cultural aspect of this relationship. The Committee requests the Government to indicate the steps taken to identify the lands concerned and to guarantee the effective protection of the rights of the indigenous peoples to these lands (Article 14). Please also indicate the measures taken to give effect to Articles 17–19 of the Convention.

Article 15. Natural resources. The Government states that Act No. 08.022 of 17 October 2008 on the Forestry Code of the Central African Republic takes into consideration the indigenous peoples’ specific relationship to the forests. The Forestry Code stipulates that the forest maintains the fertility of the soil, generates many environmental services and contributes to carbon sequestration, as well as to the survival and well-being of the populations, especially of those peoples whose lives are culturally and intimately bound up with the forests. The Code also stipulates that any allocation of part of the public forest land for industrial exploitation is subject to prior consultation of the neighbouring populations, including the indigenous peoples. Furthermore, the Forestry Code, which covers the National Forestry Estate, establishes the principle of state ownership and right of use for the indigenous peoples on the Estate. The Forestry Code introduces a system of community forests which potentially allows the indigenous communities to manage forest resources directly. The Committee also notes the information concerning the Environment Code and the Mining Code. The Committee requests the Government to indicate the steps taken by the Government to safeguard the rights of indigenous peoples with respect to the forests. It asks the Government to indicate in its next report how the rights of the Aka and Mbororo populations to other national resources are specially safeguarded, and the way in which these rights are exercised. It also asks the Government to indicate the procedures that exist to establish the participation of indigenous peoples in the benefits arising from the exploitation of resources pertaining to their lands.

Article 16. Relocation. The Government states in its report that there has been no relocation of groups belonging to the indigenous peoples from their traditional lands. The Committee requests the Government to take account of the provisions guaranteeing that, where the relocation of these peoples is considered necessary, there is an attempt to obtain their free and informed consent and that, if this cannot be obtained, the relocation shall only take place in accordance with procedures established by national laws and regulations (Article 16(2)).

Part III. Recruitment and conditions of employment. The Government states in its report that, generally speaking, the legislation does not provide for the specific protection of indigenous peoples. One of the major difficulties in dealing with the working conditions of indigenous peoples is that, in most cases, their work is conducted outside the formal framework of a labour contract. The vast majority of indigenous peoples work outside the formal sector and therefore do not have access to the protection provided by the labour legislation, which mainly covers the formal sector of the economy. The Committee requests the Government to provide information on the measures envisaged in application of Article 20 of the Convention. It requests the Government to provide information on the measures adopted in cooperation with the Aka and Mbororo populations to ensure their effective protection with regard to recruitment and conditions of employment. Please also indicate what measures have been taken to ensure that the labour inspection services are adequate in areas where indigenous peoples live.

Part IV. Vocational training, handicrafts and rural industries. The Government states that there is no national policy in place to make the curriculum or teaching method, as well as the timetables of the national education system, compatible with the way of life of the indigenous peoples who are, for the most part, semi-nomadic. The Committee requests the Government to indicate the measures taken to ensure that indigenous peoples can benefit from vocational training, and thereby guarantee the implementation of Articles 21, 22 and 23 of the Convention.

Part V. Social security and health. The Government states in its report that it has adopted a National Health Development Plan (PNDS) 2006–15, which sets out, among others, to pay particular attention to the most disadvantaged populations. However, the legislative and operational framework governing social security does not provide for health coverage of indigenous peoples. The Committee notes that the indigenous communities have very limited access to health centres, either because they are geographically isolated or for financial reasons. The Committee requests the Government to indicate the measures taken so that social security schemes might be extended progressively to the Aka and Mbororo populations. It also invites the Government to provide an assessment of the PNDS and of its impact on the indigenous peoples.

Part VI. Education and means of education. The Government indicates that the National Action Plan for Education for All (PNA–EPT) 2004–15 aims to increase the level of access of minority groups to education. The Plan also calls for the introduction of a legal framework to benefit persons with disabilities and minorities. The Committee requests the Government to indicate the measures taken to give effect to Articles 26–31 of the Convention. It also invites the Government to provide an assessment of the PNA–EPT and of its impact on indigenous peoples.

Part VII. Contacts and cooperation across borders. In its report, the Government states that the Economic and Monetary Community of Central African States (CEMAC) has, at regional level, established a subregional committee that meets every year to make a concerted effort to manage the transhumance performed by the Mbororo indigenous peoples. The Committee invites the Government to provide fuller information on the activities of the CEMAC subregional committee and on the functioning of bilateral agreements in the areas covered by the Convention (Article 32).

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Follow-up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

Article 3 of the Convention. Human rights and fundamental freedoms of indigenous peoples. The Committee noted the questions raised during the tripartite discussion on the very worrying situation prevailing in the country, characterized particularly by the targeted violence against members of the Aka and Mbororo populations, protected under the Convention, and by the worsening insecurity and tensions between communities. The Committee notes that the United Nations Security Council unanimously adopted, on 10 April 2014, Resolution 2149 (2014) establishing the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA). The Committee once again expresses its deep concern about the acts of violence that have caused victims among the country’s indigenous communities, resulting in many livestock breeders, especially the Mbororo, fleeing and seeking exile in neighbouring countries. It urges all the parties not to resort to violence and to resume dialogue between the various communities. The Committee invites the national transitional authorities to make greater efforts to ensure full respect for the human rights of indigenous peoples, especially those of children and women of the Aka and Mbororo ethnic groups. The Committee hopes that law and order will be restored in the country and calls upon the governmental authorities to implement fully the Convention. It also expresses its wish to see the ILO contribute towards finding a sustainable solution that would give international labour standards their rightful place.

The Committee notes the communication dated 1 September 2014 whereby the International Organisation of Employers (IOE) included the Central African Republic in its observations concerning the application of the Convention. The Committee invites the Government to submit any comments it deems appropriate on the observations made by the IOE.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 of the Convention. Self-identification. In its report, the Government states that the Aka and Mbororo populations constitute the indigenous peoples of the Central African Republic. The Committee invites the Government to specify in its next report the size of the Aka and Mbororo populations and the regions in which they live.

Article 2. Systematic action developed with the participation of the peoples concerned. The Government states that, from an institutional standpoint, the High Commissioner for Human Rights and Governance is particularly active with respect to the rights of indigenous peoples. The Committee invites the Government to submit information on the measures adopted, with the participation of representatives from the Aka and Mbororo populations, for developing coordinated and systematic action to protect the rights of the peoples concerned. It also invites the Government to indicate the way in which the indigenous peoples have been associated in the development of these programmes.

Article 3. Implementation of human rights without discrimination. According to the Government, the Central African Penal Code strengthens protection against discrimination. The Committee invites 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 Government points out that the Ministerial Decree of 1 August 2003 banning the exploitation and/or exportation of the Central African cultural minorities’ oral traditions for commercial purposes has established the principle that the exploitation of the oral traditions of cultural minorities is illegal. The Government states that this Decree may be considered as a special protective measure in so far as it is provisional and specifically protects those populations who have suffered in the past. The Committee invites the Government to provide information on the other special measures adopted that might have been found appropriate for safeguarding the persons, institutions, property, labour, cultures and environment of the Aka and Mbororo population concerned.

Article 5. Recognition of the values of indigenous peoples. The Government states that Act No. 06.002 of 10 May 2006 on the Cultural Charter of the Central African Republic was enacted with a view to protecting the national cultural heritage, especially the cultural itineraries and areas of the ethnic minorities. The Charter also advocates intercultural dialogue and the promotion of the cultural diversity of the Central African Republic. The Government also points out in its report that other practical measures have already been taken, for instance the recognition by UNESCO in 2003 that the oral traditions of the Aka Pygmies of the Central African Republic belong to the Intangible Cultural Heritage of Humanity, as well as the establishment of a cultural centre in Mbaïki, in Lobaye, with the assistance of the NGO Caritas. However, the Government adds that the lack of a direct reference to the cultural rights of the indigenous peoples remains a serious shortcoming. The Committee invites the Government to indicate the way in which the participation and cooperation of the 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 Government states in its report that, generally speaking, there are no systematic means whereby indigenous peoples may be consulted on matters concerning them. Its major challenge is to establish institutional machinery to guarantee the consultation and participation of indigenous peoples. On the whole there is very little provision in the legislation for the right of the indigenous peoples to decide upon their own priorities in the development process. As regards participation in the decisions affecting them, the 2004 Constitution established the Economic and Social Council and stipulated that it was mandatory to consult the Council on any plan or Bill concerning an action programme of a social or cultural nature. In its report, the Government specifies that Decree No. 07.293 of 11 October 2007 regulating the Economic and Social Council provides that one person from each of the Mbororo and Aka indigenous communities shall sit on this Council. The Committee invites the Government to include in its next report information on the measures adopted to establish, in accordance with the Convention, an appropriate consultation and participation mechanism. It requests the Government to ensure that the indigenous peoples are consulted and may participate in an appropriate way, through their representative entities, in the development of the said mechanism, and in such a manner that they might express their opinion and have an influence on the final outcome of the process.

Article 8. Customary law. In its report, the Government states that although there is no formal and legal recognition of the traditional forms of the administration of justice among indigenous peoples, there is an informal (and practical) recognition of customary law among the Aka indigenous communities. The Committee invites the Government to provide examples of the application of Article 8 of the Convention in practice.

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

Article 11. The banning of compulsory personal services. According to the Government, the Labour Code bans, in absolute terms, forced or compulsory labour in all its forms, such as mobilizing and using labour for economic development purposes or taking measures on the grounds of racial, social, national or religious discrimination. The Committee refers to its direct request of 2011 concerning the application of the Forced Labour Convention, 1930 (No. 29), in which it had noted information on the exploitation of the Aka indigenous populations and had requested the Government to take all necessary measures to ensure that a national structure was established to investigate the situation of the Aka populations and, in particular, the suspected cases of servitude to which they were exposed, adopting the necessary measures to prosecute and punish the perpetrators. The Committee requests the Government to indicate in its next report 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 ban compulsory public services.

Article 12. Legal proceedings. The Government states in its report that the regulatory system in place makes no provision for the authorities and courts entrusted with these matters to take into consideration any language difficulties that the indigenous peoples might encounter. The Government also points out that the issue of access to justice remains a significant challenge because indigenous peoples are often the victims of exploitation, as well as of violations of their fundamental rights at work and violence, and they have little prospect of recourse to justice. The hurdles are also of a financial nature, because the access to justice is often impossible because of a lack of financial means. The Committee invites the Government to provide fuller information on the measures taken to ensure that the Aka and Mbororo populations can understand and be understood in legal proceedings. It also asks the Government to indicate the way in which the representative organizations of the Aka and Mbororo are able to take legal proceedings, thereby guaranteeing the rights provided for under the Convention.

Part II of the report form. Land. In its report, the Government states the need for standards to acknowledge the importance for the indigenous peoples of their entitlement to the lands, especially the cultural aspect of this relationship. The Committee invites the Government to indicate the steps taken to identify the lands concerned and to guarantee the effective protection of the rights of the indigenous peoples to these lands (Article 14). Please also indicate the measures taken to give effect to Articles 17–19 of the Convention.

Article 15. Natural resources. The Government states that Act No. 08.022 of 17 October 2008 on the Forestry Code of the Central African Republic takes into consideration the indigenous peoples’ specific relationship to the forests. The Forestry Code stipulates that the forest maintains the fertility of the soil, generates many environmental services and contributes to carbon sequestration, as well as to the survival and well-being of the populations, especially of those peoples whose lives are culturally and intimately bound up with the forests. The Code also stipulates that any allocation of part of the public forest land for industrial exploitation is subject to prior consultation of the neighbouring populations, including the indigenous peoples. Furthermore, the Forestry Code, which covers the National Forestry Estate, establishes the principle of state ownership and right of use for the indigenous peoples on the Estate. The Forestry Code introduces a system of community forests which potentially allows the indigenous communities to manage forest resources directly. The Committee also notes the information concerning the Environment Code and the Mining Code. The Committee invites the Government to provide examples of steps taken by the Government to safeguard the rights of indigenous peoples with respect to the forests. It asks the Government to indicate in its next report how the rights of the Aka and Mbororo populations to other national resources are specially safeguarded, and the way in which these rights are exercised. It also asks the Government to indicate the procedures that exist to establish the participation of indigenous peoples in the benefits arising from the exploitation of resources pertaining to their lands.

Article 16. Relocation. The Government states in its report that there has been no relocation of groups belonging to the indigenous peoples from their traditional lands. The Committee requests the Government to take account of the provisions guaranteeing that, where the relocation of these peoples is considered necessary, there is an attempt to obtain their free and informed consent and that, if this cannot be obtained, the relocation shall only take place in accordance with procedures established by national laws and regulations (Article 16(2)).

Part III. Recruitment and conditions of employment. The Government states in its report that, generally speaking, the legislation does not provide for the specific protection of indigenous peoples. One of the major difficulties in dealing with the working conditions of indigenous peoples is that, in most cases, their work is conducted outside the formal framework of a labour contract. The vast majority of indigenous peoples work outside the formal sector and do not therefore have access to the protection provided by the labour legislation, which mainly covers the formal sector of the economy. The Committee invites the Government to provide information on the measures envisaged in application of Article 20 of the Convention. It asks the Government to take account of the measures adopted in cooperation with the Aka and Mbororo populations to ensure their effective protection with regard to recruitment and conditions of employment of workers belonging to indigenous peoples. Please also indicate what measures have been taken to ensure that the labour inspection services are adequate in areas where indigenous peoples live.

Part IV. Vocational training, handicrafts and rural industries. The Government states that there is no national policy in place to make the curriculum or teaching method, as well as the timetables of the national education system, compatible with the way of life of the indigenous peoples who are, for the most part, semi-nomad. The Committee invites the Government to indicate the measures taken to ensure that indigenous peoples can benefit from vocational training, and thereby guarantee the implementation of Articles 21, 22 and 23 of the Convention.

Part V. Social security and health. The Government states in its report that it has adopted a National Health Development Plan (PNDS) 2006–15, which sets out, inter alia, to pay particular attention to the most disadvantaged populations. However, the legislative and operational framework governing social security does not provide health coverage for indigenous peoples. The Committee notes that the indigenous communities have very limited access to health centres, either because they are geographically isolated or, for financial reasons. The Committee invites the Government to indicate the steps taken so that social security schemes might be extended progressively to the Aka and Mbororo populations. It also invites the Government to provide an assessment of the PNDS and of its impact on the indigenous peoples.

Part VI. Education and means of education. The Government indicates that the National Action Plan for Education for All (PNA-EPT) 2004–15 has, as a goal, to increase the level of access of minority groups to education. The Plan also calls for the introduction of a legal framework to benefit persons with disabilities and minorities. The Committee invites the Government to indicate the steps taken to give effect to Articles 26–31 of the Convention. It also invites the Government to provide an assessment of the PNA–EPT and of its impact on indigenous peoples.

Part VII. Contacts and cooperation across borders. In its report, the Government states that the Economic Community of Central African States (CEMAC) has, at regional level, established a subregional committee that meets each year to make a concerted effort to manage the transhumance of the Mbororo indigenous peoples. The Committee invites the Government to provide fuller information on the activities of the CEMAC subregional committee and on the functioning of bilateral agreements in the areas covered by the Convention (Article 32).

[The Government is asked to reply in detail to these comments in 2015.]

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report on the application of the Convention received in June 2013. It recalls that the Central African Republic had been the first country in Africa to ratify the Convention in 2010, and it notes the extremely worrying situation prevailing in the country since March 2013 (United Nations Security Council resolution 2121 (2013), adopted on 10 October 2013 and resolution 2127 (2013), adopted on 5 December 2013). In the same way as the Security Council, the Committee expresses its particular concern at reports of the targeted violence against members of ethnic groups protected by the Convention and increasing tensions between communities. The Committee urges all stakeholders, and specifically the governmental authorities, to ensure full respect of the human rights of indigenous peoples, especially of children and women of the Aka and Mbororo ethnic groups (Article 3 of the Convention). The Committee hopes that law and order will be restored in the country and invites the governmental authorities to fully implement the Convention.

[The Government is asked to reply in detail to the present comments in 2015.]