Affirm by this Constitution, our will to live together in respect of ethnic, religious, regional and cultural diversity; to build a state of law and a united nation founded on public liberties and fundamental human rights, dignity of the human person, and political pluralism, on the African values of solidarity and brotherhood;
Reaffirm our commitment to the principles of human rights as defined by the Charter of the United Nations of 1945, by the Universal Declaration of Human Rights of 1948 and the African Charter on Human and Peoples' Rights of 1981;
The freedoms and the fundamental rights are recognized and their exercise guaranteed to the citizens within the conditions and forms provided for by the Constitution and the law.
The human person is sacred and inviolable. Every individual has the right to life, to the integrity of their person, to security, to liberty, to the protection of their privacy and of their assets.
No one may be subjected, either to degrading and humiliating acts [sévices] or treatment, or to torture.
Every individual has the right to free development of their person within respect for the rights of others, of good morals and of the public order.
No one may be held in slavery or servitude.
The State recognizes to all citizens the right to work.
It guarantees to workers the just compensation for their services or for their production.
No one may be discriminated against in their work because of their origins, of their opinions, of their beliefs, of their sex or of their marital status.
Article 157. Obstacles to freedom of work
Anyone who has used violence, assault, threats or fraudulent conduct will be punished with imprisonment for six days to three years and with a fine of 25,000 francs to 500,000 francs.
Or to maintain, attempt to bring about or to maintain a concerted cessation of work, with a view to forcing the rise or fall of wages or to impair the free exercise of industry or labor.
The following shall be considered as a pimp and shall be punished by imprisonment from six months to two years and by a fine of 50,000 to 1,000,000 francs, without prejudice to any more severe penalties, if any, :
The penalty shall be imprisonment from two years to five years and a fine of from 100,000 to 2,000,000 francs in cases where, :
The offense was committed in respect of a minor;
The offense was accompanied by coercion, abuse of authority or rape;
The perpetrator was the bearer of an apparent or hidden weapon;
The perpetrator is the spouse, father, mother or guardian of the victim, teacher or hired servant of the victim or in any capacity or authority over the victim;
The perpetrator of the offense is called upon to take part in the fight against prostitution, the protection of health or the maintenance of public order.
The penalties laid down in the preceding article shall be punished by any person who has infringed upon morals, whether by exciting, generally promoting or facilitating the debauchery or corruption of the youth of either sex below the age of The age of twenty-one years or, occasionally, minors of thirteen years. The penalties provided for in articles 279, 280 and this article shall be imposed, even though the various acts which constitute the offenses were committed in Countries.
The penalties provided for in the preceding article shall be punishable by any person who directly or through an intermediary manages who runs or operates a prostitution establishment or who habitually tolerates the presence of one or more persons engaged in prostitution Prostitution inside a hotel, house club, club, circle, dance hall or place of performance or their appurtenances, or any place open to the public or used by the public, of which they are the holder, manager or servant, the same penalties are applicable to any person assisting the said holders, managers or servants. In case of new offense within a period of ten years, the penalties incurred shall be doubled.
In any case, The incriminated facts shall have occurred in an establishment referred to in the preceding paragraph, and the holder, the manager or the servant shall be convicted in accordance with the preceding article or this article, the judgement shall result in the withdrawal of the license of which the convicted person Would be beneficiary and may, moreover, pronounce the permanent or temporary closure of the establishment.
The prohibitions provided for in Article 31 may be imposed.
In any case, the guilty persons shall also be placed by the judgement or the judgement, in a state of prohibition of residence.
The attempted offenses referred to in this section shall be punished with penalties for such offenses.
Article 5. Definitions
For the purposes of this order:
“Trafficking in persons” means the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of coercion or other forms of force, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
“Exploitation” of a person:
Exploitation through labour, envisages the following practices:
Servitude refers to working conditions and/or obligation to work or provide services, from which a person cannot escape or cannot change.
Debt bondage refers the commitment of a debtor for the payment of a debt, to provide his own services or those of someone over whom he has authority, if the nature of these services is indeterminate, or their duration is limited or disproportionate, or if in the end these services will not have made it possible to discharge the debt in question.
Serfdom is the situation of any person who is bound by law, custom or agreement between individuals to live and work on land belonging to another person and to provide that other person, whether for remuneration or free of charge, with a service which determines, without knowing the power to change that situation.
Where the victim of the offence is a child, the offence of trafficking in persons shall be constituted even in the absence of the means provided for in this article.
The consent, acquiescence, involvement or participation of the legal representatives of the victim or of any other person having authority over the victim in the commission of the offence shall not constitute a ground for excluding responsibility or an extenuating circumstance for the offender.
Anyone who commits the offence of trafficking in persons, as provided for in article 6, paragraph 2, of this Ordinance, accompanied by any of the following aggravating circumstances, shall be punished by a term of four to 30 years and a fine of CFAF 250,000 to CFAF 5,000,000:
Whoever commits the offence of forced labour or forced services shall be punished by a penalty as provided for in the Criminal Code or the Labour Code.
Is punishable by 5 to 10 years imprisonment and a fine of FCFA 100,000 to 5,000,000, whoever derives financial or material gain from slavery of others or similar practices
Whoever uses child labour shall be punished by a penalty as provided for in the relevant laws and regulations or child labour.
Whoever subjects another person to forced or servile marriage shall be punished by imprisonment for 5 to 10 years and a fine of 500,000 to 5,000,000 CFA francs.
Whoever exploits others by begging shall be punished by imprisonment for 3 to 10 years and a fine of 100,000 to 5,000,000 CFA francs.
Whoever exploits a person by removing his organs or tissues shall be punished by 10 to 20 years' imprisonment and a fine of 10,000,000 to 20,000,000 CFA francs
Forced or compulsory labour is prohibited.
Forced or compulsory labour means any work or service exacted from any person under the menace of of any penalty and for which the said individual did not offer himself voluntarily. However, the term "forced or compulsory labour" shall not include, for the purposes of this Act:
(a) any work or service required by law on compulsory military service and having a of a purely military nature;
(b) any work or service that is part of the normal civic obligations of citizens of a country fully governing itself;
( c) any work or service required of an individual as a consequence of a sentence pronounced by a judicial decision on the condition that such work or service is performed under the condition that the work or service is carried out under supervision and control by public authorities and that the said individual is not granted or made available to private individuals, companies or private legal persons;
(d) any work or service required in the case of force majeure, i.e. in the case of war, disasters or threats of disasters such as war, disasters or threats of fires, floods, famines, earthquakes, violent epidemics and epizootics, invasions of harmful animals, insects and plant pests, and in general any other harmful effects on the environment and human health, are not to be expected. circumstances endangering or threatening to endanger life or normal living conditions of all or part of the population;
(e) minor village works, i.e. work performed in the direct interest of the
by the members of the community, work which, on that basis, can be considered as a as normal civic obligations of members of the community, to. Provided that the population, or its direct representatives, has the right to decide on the merits of this work and has offered itself spontaneously.
Are punished by a fine of 147,000 to 294,000 CFA francs and, in case of repeat offence, a fine of 147,000 to 882,000 CFA francs and imprisonment of six days to three months, or by the latter penalty only the perpetrators of infringements of the provisions of articles 5 and 52, paragraph 1.
Note: Prohibits recruitment of children younger than 18