Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received, but it has noted the communication from the Confederation of Free Trade Unions of Gabon concerning the application of the Convention. The Committee recalls that the divergencies between the national legislation and the Convention concern the following points:

-- the need, in order to lift legislative restrictions on the possibility of trade union pluralism, to repeal or amend section 174 of the Labour Code, which obliges all workers' or employers' organizations to affiliate with the Trade Union Confederation of Gabon (COSYGA) or the Employers' Confederation of Gabon (CPG), and section 173 of the Labour Code, which prohibits the establishment of more than one union in a given occupation or region, and the need to amend Act No. 13/80 of 12 June 1980 establishing a trade union solidarity tax deducted for COSYGA;

-- the need to amend sections 239, 240, 245 and 249 on compulsory arbitration, which impose excessive restrictions on the right to strike of workers' organizations in defense of economic, social and professional interests, since restrictions, or even prohibitions, should only be imposed in respect of public servants acting in their capacity as agents of the public authority or in essential services in the strict sense of the term, that is services whose interruption is likely to endanger the life, personal safety or health of the whole or part of the population, or in the event of acute national crisis.

In this connection, the Committee again asks the Government to inform it in its next report of the measures taken to lift all the legislative restrictions on the possibility of trade union pluralism and to limit restrictions on the right to strike in accordance with the principles of freedom of association. It reminds the Government that the International Labour Office is at its disposal for any assistance that may be needed in formulating amendments which will give effect to the Convention.

The Committee also notes the communication of 6 October 1994 from the Confederation of Free Trade Unions of Gabon (CGSL). The CGSL expresses concern at the delay in the promulgation of the new Labour Code, which the Government announced long ago, and complains that for the last two years the Employers' Confederation of Gabon (CPG) has forbidden, by circular, the collectors of free trade unions to deduct their members' dues from wages despite the formal written consent of the workers concerned. The CGSL also states that it wants machinery to be established with the technical assistance of the Office, particularly in collective agreements, for the payment of trade union dues, and seeks the repeal of Act No. 13-80 of 12 June 1980 of 12 June 1980 on the trade union solidarity tax deducted for COSYGA.

The Committee recalls that the deduction and transfer to unions of trade union dues is a matter that should be dealt with in free negotiations between the parties concerned in observance of the principles of the freedom of association, and requests the Government to ensure that employers and their organizations, particularly the CPG, apply this principle, and to keep it informed of any developments in this respect.