Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee recalls the comments of the Trade Union Confederation of Gabon (COSYGA) and the Gabon Employers' Confederation (CPG). COSYGA considered that the policy of "Gabonization" of jobs was open to abuse. It stated that workers had no right of appeal as required under Article 8 of the Convention; and that inspectors had no means of carrying out the examination referred to in Article 9. The CPG noted that the courts regarded termination for "Gabonization" as legitimate when it involved an indefinite contract but not a contract for a fixed-term.

2. The Government states that termination for "Gabonization" is not discriminatory but is intended to favour the career development and social progress of Gabon workers. It states that labour inspectors work efficiently to inquire into the situation before taking a decision.

3. The Committee recalls that, under Article 2, the Convention applies to all employed persons. This means that, while nationality is not one of the factors mentioned in Article 5 as not constituting a valid reason for dismissal, the protections provided for in other Articles, including Articles 8 and 9, do apply to nationals and non-nationals alike. It also means that any termination of a non-national which is in fact based on an invalid reason will none the less infringe Article 4. The Committee would therefore be grateful if in its next report the Government would provide information as to the practical application of the Convention in the light of the comments of COSYGA and the CPG, including details of relevant decisions of the courts.

4. The Committee notes the Government's view that the new Labour Code answers all the Committee's earlier points. It intends to examine at its next session the effect of the Code on the application of the Convention as a whole.

[The Government is asked to report in detail in 1997.]