Central African Republic

Summary of Domestic Prohibition

Slavery and slave trade

Provisions related to slavery are found in the Labour Code, which prohibits enslavement under article 263, although only in relation to children in the context of the worst forms of child labour. The Penal Code also prohibits slavery when committed as an element of trafficking in persons under article 151 and as an element of crimes against humanity under article 153.

Practices similar to slavery

There appears to be no legislation in place in the Central African Republic which prohibits institutions and practices similar to slavery, although practices similar to slavery, bonded labour, and bondage are prohibited in relation to children under article 263 of the Labour Code.

Servitude

There appears to be no legislation in place in the Central African Republic which prohibits servitude although, the Penal Code prohibits servitude when committed as an element of trafficking in persons under article 151.

Forced or compulsory labour

Provisions related to forced labour are found in the Labour Code which prohibits forced and compulsory labour in all their forms at article 7. Forced or compulsory labour imposed upon children is also prohibited under article 263.

Human trafficking

Provisions related to trafficking in persons are found in the Penal Code under article 151. Trafficking in children is also prohibited under article 263 of the Labour Code

Forced marriage

Provisions related to forced marriage in the Central African Republic are found in the 2010 Family Code, which addresses a lack of consent in marriage due to veil or error at Article 238.

Consent to marriage

Provisions requiring consent to marriage in the Central African republic are found in the Family Code 2009, article 210 of which states that there is no marriage without the consent of the future spouses and the consent is expressed at the time of the celebration of the marriage. Article 238 and 239 further recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion.

Servile marriage

There appears to be no legislation in the Central African Republic that prohibits servile matrimonial transactions.

Marriage trafficking

Provisions related to marriage trafficking in the Central African Republic are found in the LAW NO. 10.001 ON THE CENTRAL AFRICAN REPUBLIC PENAL CODE 2010 , which prohibits trafficking for practices similar to slavery at Article 151.

Minimum age for marriage

The minimum age for marriage in the Central African Republic is 18, without differentiation by gender, as set out on Article 209 of the 2009 Family Code. However, marriages below this age are permitted for serious reasons, at the request of the person concerned, as set out on Article 209 of the 2009 Family Code. These exceptions are not differentiated by gender.

Region

Africa

Regional Court

Not party to a court

Legal System

Civil

International Instruments

1926 Slavery Convention
04 September 1962
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
30 December 1970
1966 ICCPR
08 May 1981
1930 Forced Labour Convention
27 October 1960
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
09 June 1964
1999 Worst Forms of Child Labour Convention
28 June 2000
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
06 October 2006
1998 Rome Statute of the ICC
03 October 2001
1956 Supplementary Slavery Convention
30 December 1970
1966 ICCPR
08 May 1981
1966 Optional Protocol to the ICCPR
08 May 1981
1966 ICESCR
08 May 1981
2008 Optional Protocol to the ICESCR
11 October 2016
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
Not Party
1989 Convention on the Rights of the Child
23 April 1992
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
24 October 2012
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
21 June 1991
1999 Optional Protocol to CEDAW
11 October 2016
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
06 October 2006
1998 Rome Statute of the ICC
03 October 2001
1999 Worst Forms of Child Labour Convention
28 June 2000

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Marriage Trafficking

Regional Organisations

  • African Union
  • Regional engagement SCORE

Legislative Provisions

CONSTITUTION OF THE CENTRAL AFRICAN REPUBLIC 2004 (AMENDMENTS THROUGH 2010)

Article 3 

Everyone has the right to life and physical integrity. They may only be infringed in these rights by application of a law. 

No one may be subjected either to torture, or to rape [viol], or to cruel, inhuman, degrading or humiliating acts or treatment. Any individual, [or] any agent of the State, [or] any organization that is rendered culpable of such acts, will be punished in accordance with the law. 

No one may be arbitrarily arrested or detained. Every defendant is presumed innocent until their culpability has been established following a procedure offering to them the guarantees indisputable for their defense. The legal time period of detention must be respected. 

No one may be convicted except by virtue of a law [which] had entered into force before the act committed. 

The rights of defense are exercised freely before all the jurisdictions and the administration of the Republic. 

Any person made the object of a measure deprivative of liberty has the right of being examined and treated by a doctor of their choice. 

Article 4 

Freedom of the person is inviolable. Freedom of movement, residence and establishment throughout the Territory are guaranteed to all under conditions laid down by law.  

Article 6 

Marriage and the family constitute the natural and moral basis of human community. They are placed under state protection. The State and other public bodies are collectively the duty to ensure the health and welfare of the family and encourage socially by appropriate institutions. The protection of women and children against violence and insecurity, exploitation and neglect, mental and physical is a requirement for the state and other public bodies. This protection is ensured by appropriate measures and institutions of the state and other public authorities. Parents have the natural right and the primary duty to raise and educate their children in order to develop them in good physical, intellectual and moral. They are supported in this task by the State and other public authorities. Children born out of wedlock have the same rights to public assistance as legitimate children. Natural children, legally recognized, have the same rights as legitimate children. The State and other public authorities have a duty to create preconditions and public institutions which guarantee the education of children. 

Article 9 

The Republic guarantees every citizen the right to work, a healthy environment, rest and recreation in compliance with the requirements of national development. She provides favorable conditions for its growth through a policy of efficient use. All citizens are equal before use. No one may be prejudiced in his work or Every worker participates, through its representatives, in determining working conditions. Laws lay down the conditions for assistance and protection afforded to workers, especially the younger ones, to older, disabled and those who have health problems due to their working conditions.

Constitution of the Central African Republic (PDF)

LAW NO. 10.001 ON THE CENTRAL AFRICAN REPUBLIC PENAL CODE

Chapter XII Human Trafficking 

Article 151 

Human trafficking is the recruitment, transportation, transfer, harbouring or to welcome people under the following conditions:  

– By means of threat or use of force or other forms of stress;  

– By the abduction, fraud, deception, abuse of power or of a 

vulnerable situation;  

– By the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for exploitation.  

Trafficking in persons, when committed intentionally or attempted trafficking is punishable imprisonment of five to ten years. Trafficking in persons, when committed for exploitation of minors under 18 is punishable by hard labour for time, regardless of the use of the means mentioned in the first paragraph of this article. The endings operations include, among others, the exploitation of the prostitution of others or other forms sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. 

Chapter II: Other Crimes against Humanity 

Article 153 

It is a crime against humanity, any of the following acts when committed as part of a widespread or systematic attack against any civilian population, with knowledge 

of the attack:  

– Murder;  

– Extermination;  

– Deportation or forcible transfer of population;  

– Enslavement;  

– The massive and systematic practice of summary executions;  

– Disappearance forced people;  

– Imprisonment or other severe deprivation of physical liberty in 

violation of fundamental rules of international law;  

– The practice of torture and acts 

inhuman;  

– Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of comparable gravity of sexual violence;  

– The persecution of any group or any identifiable collectivity of political, racial, national, ethnic, cultural, religious or according to other universally recognized as impermissible under international law, according to the provisions of the Rome Statute;  

– The crimes of apartheid;  

– All other inhumane acts of a character similar intentionally causing great suffering, or serious injury to body or physical or mental health. 

LABOUR CODE

Article 3 

For the purposes of this Code: 

“forced or compulsory labour” 

Work or service exacted from an individual under the threat of any penalty and for which the individual has not voluntarily offered himself; 

Article 7  

Forced or compulsory labor is prohibited in all its forms, including: 

– as a measure of coercion or political education; 

– as a punishment for persons who have expressed certain political, trade union and religious, ideological opposition to the political, social or economic order; 

– as a method of mobilizing and using labor for economic development purposes; 

– as a measure of labor discipline; 

– as a measure of racial, social, national or religious discrimination; 

– as a punishment for having participated in strikes. 

Article 8 

Not considered as forced or compulsory labor within the meaning of this Code: 

– any work or service required under the laws on military service and assigned to work of a purely military character; 

– any work or service arising from the normal civic obligations of Central African citizens defined by law; 

– any work or service exacted from an individual as a result of a conviction provided that the work is carried out under the supervision and control of the public authorities and the said person is not conceded or made available to private individuals or legal entities; 

– any work or service required in the event of force majeure: wars, disasters or threats of disasters, fires, floods, famine, earthquakes, epidemics and violent epizootics, invasions of animals, insects or 

Harmful plant pests and, in general, any circumstances which endanger or threaten the life or normal conditions of life of the whole or part of the population; 

– any work or service performed pursuant to a requisition order; 

– any work or service of general interest carried out with the consent of the persons concerned. 

Article 262 

The expression “worst forms of child labor” means: 

– all forms of slavery or similar practices such as the sale and trafficking of children, bonded labor and bondage and forced or compulsory labor, including including the forced or compulsory recruitment of children for use in armed conflict; 

– the use, procuring or offering of a child for the purpose of prostitution for the production of pornographic material or pornographic performances; 

– the use, procuring or offering of a child for the purpose of illicit activities for the production and trafficking of narcotic drugs; 

– works which, by their nature or the conditions under which they are carried out, may be detrimental to the health, safety or morals of the child. 

Article 263 

The worst forms of child labor are prohibited throughout the Central African Republic. 

Central African Republic Labour Code (PDF)

CONSTITUTION OF THE CENTRAL AFRICAN REPUBLIC 2004 (AMENDMENTS THROUGH 2010)

Article 6

Marriage and the family constitute the natural and moral basis of human community. They are placed under state protection. The State and other public bodies are collectively the duty to ensure the health and welfare of the family and encourage socially by appropriate institutions. The protection of women and children against violence and insecurity, exploitation and neglect, mental and physical is a requirement for the state and other public bodies. This protection is ensured by appropriate measures and institutions of the state and other public authorities. Parents have the natural right and the primary duty to raise and educate their children in order to develop them in good physical, intellectual and moral. They are supported in this task by the State and other public authorities. Children born out of wedlock have the same rights to public assistance as legitimate children. Natural children, legally recognized, have the same rights as legitimate children. The State and other public authorities have a duty to create preconditions and public institutions which guarantee the education of children.

 

Constitution of the Central African Republic 2004 (Amendments through 2010) – Constitute Project – English (PDF)

 

Constitution of the Central African Republic 2004 – NATLEX – French (PDF)

PENAL CODE 2010

Chapter XII Human Trafficking

Article 151

Human trafficking is the recruitment, transportation, transfer, harbouring or to welcome people under the following conditions:

– By means of threat or use of force or other forms of stress;

– By the abduction, fraud, deception, abuse of power or of a vulnerable situation;

– By the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for exploitation.

Trafficking in persons, when committed intentionally or attempted trafficking is punishable imprisonment of five to ten years. Trafficking in persons, when committed for exploitation of minors under 18 is punishable by hard labour for time, regardless of the use of the means mentioned in the first paragraph of this article. The endings operations include, among others, the exploitation of the prostitution of others or other forms sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

Law no. 10-001 on the Central African Republic Penal Code 2010 – SHERLOC – French (PDF)

 

FAMILY CODE 2009

Art 200

Marriage is the legal union of a man and a woman, resulting from a declaration of free and conscious will to take each other as husband, received in the solemn form by an Officer of the Civil Status, whose conditions, effects and dissolution are governed by this Code.

Art 209

No one can contract marriage if they have not reached the age of 18, except for exemption from age granted by the Public Prosecutor for serious reasons, at the request of the person concerned.

Art 2010

There is no marriage without the consent of the future spouses. The consent is expressed at the time of the celebration of the marriage.

Art 211

A minor under the age of 18 cannot enter into marriage without the consent of the persons who exercise parental authority over him. In the event of disagreement between them, the sharing constitutes consent.

Art 237

The nullity of the marriage can only be pronounced by a judicial decision. The two spouses must be implicated regardless of who is bringing the action.

Art 238

The relative nullity of the marriage can be pronounced:

1 For defect of the consent of one of the spouses if his agreement was extricated by the veil or given in error

2 for lack of family authorization

3 for non-payment of the dowry when the spouses have agreed to make it a condition of their union

4 for impotence of the husband

Art 239

The invalidity action belongs

1 to that of spouses whose consent is vitiated

2 in the event of family authorization, to the person whose consent was required

3 to the wife in the event of non-payment of the dowry or the helplessness of the husband.

Art 240

However, the invalidity action ceases to be admissible:

1 for defect of consent when there has been cohabitation for six months since that the husband has acquired his plain freedom or that through him the error has been known;

2 for lack of family authorization when the marriage has been expressly or tacitly approved by the person whose consent was necessary, or when the latter, before the husband has reached the age of majority, has allowed a year to elapse without exercising the action when he was aware of the marriage, or if the husband has reached the age of majority without having made a claim;

3 in case of impotence of the husband when the cohabitation has continued for more than 6 months.

Art 241

The annulment action of parents who have not been able to oppose the marriage of their minor or incapable children is admissible within a period of one year. In all circumstances, the relative nullity action of the parents cannot be brought if it has elapsed five years after the celebration of the marriage or when a year has elapsed without any complaint on their part since they had knowledge of the marriage.

These provisions do not preclude the validity of a new marriage contracted before the annulment of the preceding one.