Observation (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

Article 1(a) of the Convention. In the comments that it has been making for many years, the Committee has noted that sentences of imprisonment involving compulsory labour may be imposed under the following legislative provisions:

Act. No. 63/411 of 17 May 1963 (political activities undertaken outside the "MESAN" national movement);

- Act No. 60/199 of 12 December 1960 (dissemination of publications that are banned on the grounds that they are likely to prejudice the edification of the Central African nation);

- Order No. 3-M1 of 25 April 1969 and Decree No. 70/238 of 19 September 1970 (dissemination of foreign periodicals or news that has not been approved by the censor).

The Committee has noted the repeated indications of the Government that draft amendments to these texts have been submitted to the competent national authorities with a view to their adoption and that, furthermore, the provisions of Act No. 63/411 of 17 May 1963 have fallen into abeyance following the automatic dissolution of the MESAN.

The Committee noted, however, that, by virtue of article 3 of the new Constitution, adopted in 1986, the Central African Democratic Assembly is the sole party and it also noted that penalties of imprisonment are laid down in section 4 of the above-mentioned Act No. 63/411 of 17 May 1963 for any person "who establishes or attempts to establish a party, movement, group, association or organisation of a political nature".

The Committee notes the Government's repeated statement that draft texts are before the competent national authorities with a view to their adoption. It expresses once again the hope that, in the near future, the Government will report on the measures adopted to ensure that sentences of imprisonment involving compulsory labour may not be imposed on persons who establish or attempt to establish a party, movement, group, association or organisation of a political nature outside the sole party (Central African Democratic Assembly), including measures taken to repeal the provisions of Act No. 63/411 and the other texts referred to in its comments, in order to ensure observance of the Convention, and that the Government will provide the relevant texts.