Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its report, as well as by the Trade Union Confederation of Gabon (COSYGA) and the Confederation of Free Trade Unions of Gabon (CGSL).

The Committee recalls that the divergencies between the national legislation and the Convention concern the following points:

- the need 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 to amend Act No. 13/80 of 12 June 1980, establishing a trade union solidarity tax deducted for the COSYGA, with a view to lifting legislative restrictions on the possibility of trade union pluralism;

- 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 defence of economic, social and professional interests, since restrictions, or even provisions should only be imposed in respect of public servants acting in their capacity as agents of the public authority or in the essential services in the strict sense of the term.

The Committee notes with interest section 13 of the Constitution of 26 March 1991, which provides for the right to establish trade unions under the conditions set out by the law. It also takes due note of the assurances provided by the Government in its report that the draft Labour Code, which is before the National Assembly, has taken into account all of its observations, and particularly those respecting section 174 of the Labour Code, establishing the trade union monopoly, and sections 242 to 249, with a view to reconciling the points of view as regards the right to strike. The Government adds that since the national conference, trade union pluralism has been in effect in the country.

The Committee nevertheless notes that the by-laws of the COSYGA adopted by the States General and the Extraordinary Congress on 15 and 16 August 1990, which the Government attached to its report, still provide in their first clause that the COSYGA is a central organization of all trade unions which exist or come into existence throughout the territory, and that clause 6 provides that, in order to maintain unity of action, all enterprise trade unions, occupational trade unions and national federations shall affiliate with the COSYGA. It nevertheless notes with interest that the CGSL, the rival of the COSYGA, states that the civil court considered the constituent act of the CGSL to be legal, even though the CGSL had been denied legal personality.

The Committee trusts that the new Labour Code which is currently being prepared will be in conformity with the requirements of the Convention. It requests the Government to keep it informed in its next report of the measures taken to raise all the legal restrictions on the possibility of trade union pluralism, and to limit the restrictions on the right to strike in accordance with the principles of freedom of association. The Committee would remind 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 is also addressing a request directly to the Government concerning the trade union solidarity tax.