Individual Case (CAS) - Discussion: 1989, Publication: 76th ILC session (1989)

A Government representative wished to assure the present Committee that the principle of freedom of association was respected by his Government. Act No. 88/009 of 19 May 1988, which created the possibility for workers to form federations and trade unions to promote and defend their interests, had entered into full force on 1 May 1989, the date on which the national authorities had invited all workers and employers to freely establish their organisations by occupational branch. A single trade union structure was in no way imposed on workers. This provision was not new, since the Labour Code provided in section 30 that regularly established occupational trade unions could engage in activities for the study and defence of their economic, industrial and commercial interests; that section also provided that they could establish unions, under any form whatsoever, and in particular could join international organisations of workers or employers.

In contrast to the view of the Committee of Experts that section 4 of the new Act was in contradiction to the Convention, the speaker stated that the Act simply afforded the workers the possibility of forming new groups.

The speaker also said that he had made contact with the Office so that a direct contacts mission could occur in the Central African Republic in order to ascertain that measures were being taken to establish local trade unions at all levels of economic activity, and that the Convention was being respected in this way. This mission could be accepted from September 1989, and it was up to the Office to fix the date of arrival so that the Central African Republic authorities could take the necessary measures in this connection. The speaker considered that the impetus given to the establishment of trade unions amply demonstrated the Government's will to respect its obligations as an ILO member.

The Workers' members expressed their serious concern over the situation in the country in particular, in regard to the application of the present Convention. For the fourth consecutive year, the Government has mentioned a direct contacts mission, without there ever being any follow-up on the oral promises made. This situation could not continue. The Workers' members wished there to be a written proposal seeking direct contacts, so that what had so long been promised could finally become reality.

The absence of the Central African Republic trade union representative who had for several years participated in the present Committee, and whose participation had been announced this year as well, was another source of concern. The Workers' members wished to know more in this regard.

The new legislation referred to was not satisfactory because it did not meet the standards of the Convention, even though certain technical points had been partially resolved. In a certain way the principle of a single trade union structure had been maintained. If workers' organisations wanted to have a national central body, it was not up to the law to provide for it, because then it became quasi-obligation. The workers themselves had to decide freely, in their own organisations, if they wished to have trade union pluralism or unity.

The Employers' member recalled that the application of this Convention had caused difficulties for quite some time, and that the present Committee had discussed the situation on a number of occasions. The problem began with the absence of a Government report, first in 1982 and then since 1985. The question of a direct contacts mission has been discussed again and again, but none had taken place. Since 1981 there had been a general suspension of all trade union activity and there were many specific legislative limitations applicable to trade unions. New legislation may have cleared up a few of the more minor difficulties, which showed some progress, but the basic problem of the single trade union structure, which violates the Convention, remained unresolved. That constituted a sufficient reason for sending a direct contacts mission. In the light of the changes appearing in the new legislation and the progress made in applying the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33), the Employers' members maintained the hope that the Government would make the efforts necessary here to achieve additional improvements. They requested the Government representative to be more specific in stating that existing discrepancies with the present Convention would actually be eliminated.

The Government representative stated that his Government had informed the ILO of the effective renewal of trade union activities in the Central African Republic. His country's delegation had contacted the Office and indicated, orally and in front of witnesses, that the Government was in a position to receive a direct contacts mission and that the data of its arrival should be set by the Office. The speaker therefore thought it was useless to put this undertaking in writing.

Concerning the absence of the aforementioned Workers' representative from the Central African Republic, the speaker said that the representative had been neither prevented from attending the Conference nor detained, but was rather participating in regional trade union meetings. Another trade union leader had therefore been named to represent Central African Republic workers at the 76th Session of the Conference.

As regards the new Act, the speaker was of the view that the direct contacts mission would permit a viewing of progress achieved in the application of the Convention and misunderstandings to be cleared up. If it was a matter of formulation, where reference was made to single trade union federations, his country, which respected engagements it undertook, would voluntarily accept co-operation on the part of the direct contacts mission to review this provision.

The Workers' members wished to receive further information on the normal procedure to follow in relation to direct contacts missions. They added that in principle, this mission should be requested in writing. Moreover, the direct contacts should serve not only to study the current law but should assist, if necessary, in amending or adapting it.

The Workers' member of Liberia expressed the grave concern of African workers over the suspension of trade union activities since 1981. Trade union activities had gone on prior to that date, and the speaker failed to see any difficulty in restoring them by a revocation of the suspension. He questioned whether the Central African Republic's Workers' delegate to the Conference was in fact from the most representative workers' organisation, as required by the ILO Constitution. He thought it was inappropriate for the Government to argue impediments to compliance before a direct contacts mission had even taken place. Once one country in the region was able to get away with such an attitude toward trade union rights, African workers elsewhere had reason to be fearful. He found the Government's current comments and guarantees to be mere repetitions of those it had made in previous years, when no improvements had been made.

The representative of the Secretary-General indicated that direct contacts missions traditionally took place following a written communication from the government and an exchange of communications and correspondence between the government concerned and the Office in order to specify the terms of reference for the mission and the manner in which the visit would be carried out. In this case, the Government had stated its request before the Committee in 1986, 1987, 1988 and for the fourth time this year, 1989. In spite of efforts by the Office, correspondence and pressing appeals to the Government, no reply had been received in order to follow up on these requests for a direct contacts mission. The Office was fully disposed, once it received a written communication, to take the necessary measures, in consultation with the authorities involved, to set the terms of reference of the mission and to define the ways in which the on-the-spot visit would take place, if it was to occur.

The Committee took note of the explanations and information provided by the Government representative and of the discussion which had taken place in the Committee. The Committee noted with regret that the Government had not yet followed up on the promise it had made in 1986, 1987 and 1988 to receive a direct contacts mission. The Committee, while noting that certain divergencies in relation to provisions of the Convention had been eliminated in law and in practice, stated its concern over the imposition, by means of a new trade union Act, of a single trade union structure. The Committee expressed the hope that the Government would swiftly take all steps necessary to eliminate the serious and important divergencies which still remained and to ensure full conformity with the Convention in the legislation and in practice. It hoped the Government would be able to report definite and substantive progress next year.

On the proposal of the Workers' members, with the agreement of the Employers' members, the Committee decided to mention this case in a special paragraph of its report.

Individual Case (CAS) - Discussion: 1988, Publication: 75th ILC session (1988)

A Government representative stated that the law on the freedom of association and protection of the right to organise had been promulgated on 19 May 1988 and that it conformed, on all points, with Convention No. 87. Trade unions should be represented in the Regional Economic Council, which was a consultative body made up of regional representatives and socio-professional organisations. It was therefore urgent to allow the establishment of trade unions in order that they could be represented in this body. This would also permit them to be more effectively represented within other bodies such as the National Consultative Committee on Labour.

The Workers' members said that difficulties regarding freedom of association had existed for several years. Last year the Government had said that a draft law on the freedom of association, which conformed to the Convention, was in preparation and that a direct contacts mission would take place in order to help with the drawing up of this law and ensure its conformity with the Convention. The Government had not replied to the proposals made to it by the ILO regarding the date of a direct contacts mission. The Government made contacts with the ILO's Freedom of Association Branch in regard to the draft law and the mission. However, the Workers' members observed today that the law had been adopted and that it was in total discrepancy with Convention No. 87 because it had allowed for a single union only. The Workers' members regretted that no one had been kept informed of the adoption of the draft text.

The Worker member from Colombia stated that a crisis that a country is facing should not serve as a permanent excuse for the non-application of a ratified Convention. The report of the Committee of Experts was clear and precise. The position of the Government representative was astonishing in that he had spoken of a democratic process when in fact there was no actual or genuine participation by the workers. He considered that the conclusions of the Committee should make special mention of this case.

The Employers' members stated that this case had been under discussion for a number of years. They pointed out, in particular, the case examined by the Committee on Freedom of Association which had noted numerous discrepancies in the law and practice. No information was available to know if these discrepancies had been eliminated, nor was there any information on the content of the legislation. If the law did indeed impose a single trade union then it did not comply with Convention No. 87.

The Government representative of Mauritania said that in examining this case it was necessary to take into account the information which had been given by the Government representative. The Central African Republic had passed through a difficult period; reconstruction was a long process which demanded not only a national effort but an international effort as well, and the ILO should also participate in rectifying some of the shortcomings.

The Government representative, referring to the law on freedom of association and protection of the right to organise, stated that the law promulgated on 19 May 1988 (No. 88/009) did not impose a single trade union on workers. The right to organise was guaranteed by article 8 of the law. He felt that substantial progress had been made by the promulgation of this law.

The Workers' members recalled the statement made last year before the Conference Committee by the Government representative on the recognition of trade unions, and the assistance of the ILO in the preparation of this text. Today the law was promulgated, article 4 of which provided for a single national federation only to which the unions could affiliate. The questions which were now raised were whether a direct contacts mission could take place rapidly, if this mission would examine whether or not the legislation did conform with the convention, and finally whether the Government would make all efforts to apply the present Convention.

The Government representative stated that article 4 of the law did not oblige workers in any way to set up a single union because the text said "could" and not "must".

The Workers' members considered that when a law "permits" the establishment of a single federation, that implied that another federation could not be established.

The Government representative stated that the problem of a single trade union had not been discussed these past two years. He added that he could not see any discrepancy between the Convention and the law on freedom of association which the Conclusion seemed to say, and which also referred to the aid which the mission would give to the Government to eliminate these discrepancies. He wondered what particular effort was being asked of the Government to eliminate non-existent discrepancies.

The Committee took note of the information provided by the Government representative as well as of the detailed discussion which took place within the Committee. It recalled that it had been discussing this case for a great number of years. It regretted that the direct contacts mission agreed to by the Government these last two years had not taken place. The Committee expressed the firm hope that the Government would take the necessary measures to eliminate the existing discrepancies and that a direct contacts mission would take place in the very near future so as to enable the Committee of Experts and the Committee on Freedom of Association to be informed of the legal and factual situation in the country, in particular regarding the recently adopted legislation. It duly noted the readiness of the Government to welcome such a mission and hoped that the Government would take all the practical measures required for this in the very near future. The Committee decided to mention this case in a special paragraph of its report.

The Government representative stated that the problem of a single trade union had not been discussed these past two years. He added that he could not see any discrepancy between the Convention and the law on freedom of association which the Conclusion seemed to say, and which also referred to the aid which the mission would give to the Government to eliminate these discrepancies. He wondered what particular effort was being asked of the Government to eliminate non-existent discrepancies.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

The Government has communicated the following information:

The Government would like to give the following explanations as to case No. 1040, already presented in its earlier statements.

The suspension of trade union activities decided on in 1981 was part of a general measure suspending trade union and party political activities. The suspension of trade union activities is primarily motivated by the Government's concern for preserving social peace and re-establishing order so as to revitalise the economy, which had been stagnating for 14 years of neglect and social and economic disorganisation. From 1980, the central trade unions were under the sway of the political parties and their demands were used for political ends to undermine state authority, and this was a distortion of the objectives of these central trade unions which termed themselves apolitical. Suspension of trade union activities does not, however, mean abolition of trade unions and the trade union movement. The National Confederation of Central African Workers (CNTC), "a recognised central trade union", is witness to this, and industrial relations institutions, such as staff representatives, are functioning.

The administrative dissolution of the General Union of Central African Workers (UGTC) was dictated by the urgency of the need to bring to an end a situation which was getting worse daily and paralysing the working of state institutions, putting the life of the nation at risk.

The Government points out to the Committee that the former leaders of the UGTC are in a better position than the Government to say what happened to the property formerly belonging to it. The Tribunal of Bangui has not yet rendered a decision as to the succession to the property of the former UGTC, which it has been considering since 1982. Because of the doctrine of separation of powers, the Government cannot impose time-limits within which a court should pronounce on a matter which is duly within its competence.

The Government is surprised at the Committee of Experts' observation as to the right of workers to carry on freely their activities of furthering and defending their economic and social interests through the central trade union organisation of their own choosing. This right is laid down in the 1961 Labour Code and has never been contested. Enterprise or sectoral trade unions in which workers freely exercise these activities can still be formed even when there is a single central trade union.

The request for approval of the statutes of the two trade union centrals has not been declared unreceivable. It was received by the Ministry of the Interior in due form, and it awaits the lifting of the suspension of the activities of all the national organisations, including trade unions, so that the usual administrative inquiries can be begun or resumed and the approval sought can be given or refused according to the rules.

The provisions obliging trade union officers to have been exercising the occupation in question for five years will be modified by a draft Ordinance repealing section 22 of the Labour Code, which has now been submitted to the competent authorities. The same applies to the restriction on foreigners joining a trade union, which will be lifted when this draft Ordinance is adopted, although a minimum of three years' residence in the country will be required for security reasons. The principle of reciprocity is maintained to guarantee Central African citizens equal rights to those accorded to foreigners.

The Government has agreed to a direct contacts mission in the Central African Republic, and the date is to be settled by the Government. In January 1987 it was not possible to receive the mission in the best conditions due to pressure of work, as, following the adoption of the Constitution on 28 November 1986, the Government adopted a programme for the gradual institution of democratic machinery. For this reason, the Government asked for the mission to be postponed until measures could be taken to welcome it.

In addition. a Government representative also referred to political developments in his country. As of the promulgation of the 1986 Constitution, people had adopted a single-party system. The application of the Convention was a matter of concern for the Government, which had already sent information in this regard, both within the framework of Case No. 1040 and of the present Committee. According to this information, the Government had not suppressed the trade unions, but what was known as a "trade union truce" was currently in force (involving the suspension of trade union activities), a decision taken in a historical context. With the new Constitution and the establishment of a democratic government, trade union organisation and activities would resurface. In this area, the Government could only act in conformity with the provisions of the Convention and allow the trade unions to carry out their activities freely. However, these things could not be done overswiftly and time was needed to establish all these institutions according to the procedure provided for in the Constitution. The direct contacts mission which was to visit the Central African Republic would be able to obtain all the necessary information and discuss all aspects and problems of the trade union situation in the country. This would enable it to have a clearer and more precise understanding of the trade union situation, in particular regarding the matter of renewal of trade union activity.

The Workers' members insisted that this direct contacts mission should examine all the matters mentioned by the Committee of Experts (the trade union truce, the dissolution of a trade union organisation and the fate of its property, the delay of more than six years in the approval of the by-laws of two central trade union organisations by the authorities). With regard to this delay, they indicated that since the Government representative had stated that a single party existed in the country, this was an opportune moment (as deduced from the principles of the Convention) to recall that the political structure should not necessarily be reproduced at the trade union level, since the type of trade union structure deemed to be appropriate should be left to exclusive decision of the workers. The direct contacts mission should also discuss the matters raised by the Committee of Experts not only with government authorities but also with organisations of workers and employers. In this way, it might be hoped that there would soon be concrete results, in particular the preparation of legal texts in conformity with the Convention and the exercise of a genuine trade union freedom in practice.

The Employers' members stated that the problems in the application of the Convention in the Central African Republic were all too well-known since the matters raised by the Committee of Experts dated back to the mid-1960s. This was now the moment to proceed with substantial changes. The previous year the present Committee had already urged that a direct contacts mission visit the country, and the Minister of Labour who was then present had agreed. It must be hoped that this mission would take place soon and would contribute to obtaining concrete results. It was nevertheless important to point out that it was not sufficient that the mission receive all desired information. At the same time, the Government must show the political will to proceed with the necessary changes, because it alone could do this. The direct contacts mission could only prove useful with the Government's co-operation. If there were to be a genuine spirit of collaboration during the mission, it could be hoped that a change would be produced after this 20-year period and that there could soon be evidence of important progress.

The Worker member of the Netherlands insisted that the direct contacts mission interview trade union leaders of all tendencies, including the leaders of the General Union of Central African Workers (UGTC).

The Committee took note of these discussions and in particular of the information and explanations provided by the Government representative. The Committee noted with concern the restrictions on the full exercise of trade union rights that had been the subject of comments by the Committee of Experts. The Committee observed, however, that the Government had indicated its readiness to accept a direct contacts mission. The Committee hoped that the necessary preparations would be made for the mission and that it would have an opportunity to examine all the issues raised by the Committee of Experts and establish contact with all the interested parties. The Committee expressed its hope that the mission would assist in removing the various divergencies which existed regarding the application of the Convention in law and practice. Finally, it expressed its hope that progress would be reported the following year.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. The Committee notes that the provisions of Act No. 09-004 of 29 January 2009 issuing the Labour Code do not apply to self‑employed workers. Recalling that all workers, with the only possible exception of members of the armed forces and the police, should have the right to establish and join organizations of their own choosing, the Committee requests the Government to ensure that the workers concerned can enjoy the right to organize and to provide information on this matter.

The Committee observes that Title II, Chapter I, section I of the Labour Code (concerning the purpose of trade unions and their dissolution) refers to the possibility of creating trade unions and trade union sections within enterprises. In this regard, the Committee requests the Government to indicate whether, besides trade union sections, workers may establish trade unions at the enterprise level and, if so, under which legal provision.

Article 3. The Committee notes that, under section 24 of the new Labour Code, trade union officers shall be of Central African nationality, but that any foreign member of a trade union who has resided in the Central African Republic for three years may assume an executive or administrative post within a trade union, provided that his country grants the same right to Central African nationals. The Committee recalls that provisions on nationality which are too strict could deprive some workers of the right to elect their representatives, for example, migrant workers in sectors in which they account for a significant share of the workforce. For that reason, legislation should be made flexible so as to permit the organizations to elect their leaders freely and without hindrance, and to permit foreign workers access to trade unions posts, at least after a reasonable period of residence in the host country (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 118). Although the period of residence set out in section 24 seems reasonable, the Committee considers that the requirement of reciprocity is excessive and should be removed. The Committee requests the Government to indicate in its next report the measures taken or envisaged to amend section 24 of the Labour Code in this sense.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 26 August 2009, which refer to constant violations of social dialogue and the dismissal of the Secretary General of the Association of Teachers during the general strike called in January 2008. The Committee requests the Government to send its comments on this matter.

Additionally, the Committee notes the adoption of Act No. 009.004 of 29 January 2009 establishing the Labour Code.

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations without previous authorization. The Committee notes that section 17 of the new Labour Code does not limit the right to join organizations on the basis of nationality, but it does, however, draw a distinction based on the criteria of legal residence (paragraph 1) accompanied by a condition of reciprocity (paragraph 2). It recalls that, under Article 2 of the Convention, workers, without distinction whatsoever, shall have the right to join organizations of their own choosing, with the sole exception of members of the armed forces and police. Consequently, the Committee requests the Government to take the necessary measures to amend section 17 of the Labour Code so as to guarantee all foreigners the right to join organizations which aim to defend their interests as workers.

The Committee observes that, under section 26 of the Labour Code, parents and guardians may oppose the right to organize of minors under 16 years of age. It recalls that the minimum age for joining a trade union in full freedom should be the same as that established by the Labour Code for admission to employment (14 years according to section 259 of the Code), without the permission of the parents or guardian being necessary. The Committee requests the Government to take the necessary measures to amend section 26 of the Labour Code in that regard.

Article 3. Right of workers to elect their representatives in full freedom and to organize their activities freely. The Committee observes that, under section 25 of the new Code, the following persons may not be trade union officers: (1) persons who have been convicted to a prison sentence, with the exception of convictions for negligence, except in the case of the concomitant offence of leaving the scene of an accident; and (2) persons with a criminal record or persons deprived under a court decision of their right of eligibility in accordance with the law authorizing such deprivation. The Committee holds the view that conviction for an act the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the performance of trade union duties should not constitute grounds for disqualification from trade union office (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 120). In these circumstances, the Committee requests the Government to take the necessary measures to amend section 25 of the Labour Code taking into account the above principle.

Further to its previous comments, the Committee previously requested the Government to take measures to amend sections 1 and 2 of Act No. 88/009 amending the Labour Code, which provide that any person having lost the status of worker cannot either belong to a trade union or participate in its leadership or administration, and that trade union officers must be members of a trade union, with a view to ensuring that qualified persons, such as persons employed by trade unions or retirees, may hold trade union office. In this regard, the Committee notes with interest that the legislation has been revised on this point by providing, in section 27 of the revised Code, that persons who have ceased to perform their duties or who have left their profession may continue to belong to a trade union.

On numerous occasions, the Committee has also requested the Government to take the necessary measures to amend section 11 of Order No. 81/028 concerning the Government’s powers of requisition in the event of a strike when so required in the general interest so as to restrict powers of requisitioning to cases in which the right to strike may be limited, or even prohibited, that is in the public service in respect of public servants exercising authority in the name of the State, in essential services in the strict sense of the term and in a situation of acute national crisis. Noting with regret that the Government has not provided information on this matter, the Committee requests it to take the necessary measures to amend this provision taking the above principle into account.

Furthermore, the Committee notes that, under section 381 of the Labour Code, during a strike, a compulsory minimum service shall be required for certain enterprises on account of their social utility or their distinctive nature. The list of enterprises concerned and the conditions for implementing the minimum service shall be determined by order of the minister responsible for labour, following consultation with the Permanent National Labour Council. The Committee recalls that the establishment of minimum services in the case of strike action should only be possible in: (1) services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (essential services in the strict sense of the term); (2) services with are not essential in the strict sense of the term but where the extent and duration of a strike might be such as to result in an acute national crisis endangering the normal living conditions of the population; and (3) in public services of fundamental importance. Furthermore, the determination of the minimum services and the minimum number of workers providing them should involve not only the public authorities, but also the relevant employers’ and workers’ organizations. This not only allows a careful exchange of viewpoints on what in a given situation can be considered to be the minimum services that are strictly necessary, but also contributes to guaranteeing that the scope of the minimum service does not result in the strike becoming ineffective in practice because of its limited impact, and to dissipating possible impressions in the trade union organizations that a strike has come to nothing because of overgenerous and unilaterally fixed minimum services. In view of the above, the Committee requests the Government to take the necessary measures to ensure the participation of employers’ and workers’ organizations in the determination of the minimum service and to provide a copy of the list of enterprises concerned.

Articles 5 and 6. Right of organizations to establish federations and confederations of their own choosing. Further to its previous comments concerning section 4 of Act No. 88/009 of 19 May 1988, which provided that occupational trade unions formed into federations and confederations could join together in a single central national organization, the Committee notes with interest the removal of the reference to the single trade union system in the drafting of the new Code. However, the Committee notes that, under section 49(3) of the Code, no central organization may be formed without first having the occupational federations and regional unions defined in paragraphs 1 and 2. In this regard, the Committee recalls that the Convention does not merely recognize the right of organizations to establish bodies operating at the higher level; it gives to the latter the same rights as are accorded to the first-level organizations. Emphasizing the interest in forming groups at the occupational, interoccupational or geographical level, or all three at the same time, the Committee considers that the guarantees afforded to workers’ and employers’ organizations imply that they may group together in full freedom into federations and confederations without intervention from the public authorities (see General Survey, op. cit., paragraphs 189 and 194). The Committee requests the Government to take the necessary measures to amend section 49(3) of the Labour Code to guarantee in full the right of workers’ organizations to establish federations and confederations of their own choosing, and to indicate any progress in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report and its reply to the observations made by the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation), on 10 August 2006. The Committee recalls that, in its observations, the ICFTU criticized compulsory arbitration in the case of disputes not resolved by conciliation, as well as the arrest of a trade union leader and police intervention to prevent the right of assembly. In this respect, the Committee notes the Government’s reply, under the terms of which: (1) the preliminary draft text of the Labour Code has taken into account the various concerns of the social partners, including those relating to compulsory arbitration in the case of disputes not resolved through conciliation; (2) with regard to the arrest of the trade union leader Noël Ramandan and his detention for one day, the Government states that there is no relation between his trade union activities and the arrest, which was the outcome of a monitoring operation initiated by the Government with a view to combating fraud in public finances; and (3) in relation to the occupation of the labour exchange by the forces of order, which prevented the holding of a trade union meeting, it indicates that this was done with the aim of taking security measures and that the reason for this intervention was to separate political activities from trade union activities. The Committee recalls that the arrest and detention of trade unionists without any charges being laid or court warrants being issued constitutes a serious violation of trade union rights, that freedom of assembly is an essential element of freedom of association and that the authorities should refrain from any interference which would restrict this right or impede its lawful exercise, unless public order is disturbed thereby or imminently endangered.

Furthermore, the Committee recalls that for several years it has been requesting the Government to amend or repeal various legislative provisions relating to restrictions on freedom of association. More specifically, the Committee requested:

(1)   the amendment of sections 1 and 2 of Act No. 88/009 amending the Labour Code, which provide that any person having lost the status of worker cannot either belong to a trade union or participate in its leadership or administration, and that trade union officers must be members of a trade union, with a view to ensuring that qualified persons, such as persons employed by trade unions or retirees, may hold trade union office;

(2)   the amendment of section 11 of Order No. 81/028 respecting the Government’s powers of requisition in the event of a strike when so required in the general interest and to restrict powers of requisitioning to cases in which the right to strike may be limited, or even prohibited, that is in the public service in respect of public servants exercising authority in the name of the State, in essential services in the strict sense of the term and in a situation of acute national crisis; and

(3)   the repeal of section 4 of Act No. 88/009, which provides that occupational trade unions formed into federations and confederations may join together in a single central national organization. On this point, the Committee notes the Government’s indication that occupational trade unions formed into federations and confederations may indeed join together in a single central organization.

The Committee notes the Government’s reply to the effect that an important process of reforms of the legislation, which will take into account the observations made by the Committee, has been initiated with regard to the preliminary draft of the Labour Code, the review of the general conditions of service of the public service and the revision of Order No. 81/028 and Act No. 88/009. The Committee further notes that the preliminary draft of the reform of the Labour Code has been validated by the social partners. The Committee hopes that the legislative reforms referred to by the Government will be adopted rapidly so as to bring the national legislation into full conformity with the Convention. The Committee requests the Government to keep it informed in its next report on any progress achieved in this respect.

Finally, the Committee notes the observations made by the International Trade Union Confederation (ITUC) on 28 August 2007 concerning: matters already raised by the Committee, as well as the restrictions on the freedom of association of state officials engaged in positions of responsibility and persons who have lost the status of worker; the obstruction by the police of a meeting convened by the Central African Customs Union (SYNDOUCAF); and the restrictions placed by employers on trade union meetings. The Committee requests the Government to provide its reply to the observations of the ITUC.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU), of 10 August 2006, criticizing compulsory arbitration in the case of disputes not resolved by conciliation, as well as the arrest of a trade union leader and police action preventing the right of assembly. In this respect, the Committee requests the Government to provide its observations on the comments of the ICFTU.

The Committee also requests the Government, in the context of the regular reporting cycle, to provide its comments for the Committee’s next session in November-December 2007 on all the matters raised in its previous observation in 2005 (see 2005 observation, 76th Session).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, and particularly the adoption of the Constitution, dated 27 December 2004.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom and to organize their activities freely. With reference to its previous comments, the Committee recalls that sections 1 and 2 of Act No. 88/009, amending the Labour Code, provide that any person having lost the status of worker cannot either belong to a trade union or participate in its leadership or administration, and that trade union officers must be members of a trade union. The Committee notes the Government’s indication in its report that Act No. 88/009 is still under revision. The Committee hopes that these eligibility conditions will be relaxed in the near future to ensure that qualified persons, such as persons employed by trade unions or retirees, may hold trade union office. The Committee requests the Government to keep it informed in this respect and to provide a copy of the Act, as amended.

The Committee also referred previously to section 11 of Order No. 81/028 respecting the Government’s power of requisition in the event of a strike when so required in the general interest. In this regard, the Committee notes the Government’s statement that Order No. 81/028 is currently being revised. The Committee recalls that it is necessary to restrict powers of requisition to cases in which the right to strike may be limited, or even prohibited, that is, in the public service in respect of public servants exercising authority in the name of the State, in essential services in the strict sense of the term and in a situation of acute national crisis. The Committee trusts that the revision of Order No. 81/028 will be completed soon and that it will take fully into account the principles set out above. The Committee requests the Government to keep it informed in its next report of any progress achieved in this respect.

Articles 5 and 6. Right of workers’ organizations to establish federations and confederations of their own choosing. The Committee recalls that section 4 of Act No. 88/009 of 19 May 1988, amending the Labour Code, provides that occupational trade unions formed into federations and confederations may join together in a single central national organization. The Committee notes the Government’s indication in its report that trade union monopoly has given way to trade union pluralism with the emergence of three other trade union confederations, namely the CCTC, the OSLP and the UGTC, and that Act No. 88/009 is currently under revision. The Committee hopes that the revision that is being carried out will take into account the principle that mandatory trade union monopoly is in contradiction with the explicit provisions of the Convention, as well as those of the Constitution of the Central African Republic of 27 December 2004, which provides in Article 10 that "All workers may join the trade union of their choosing and defend their rights and interests through trade union action." The Committee requests the Government to take the necessary measures to guarantee in full the right of workers’ organizations to establish federations and confederations of their own choosing, and to keep it informed in this respect.

Finally, the Committee recalls that in its previous reports the Government had referred to the preparation of a preliminary draft of a new Labour Code. The Committee requests the Government to provide information on the progress made in this process.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that, once again, the Government’s report does not address the matters raised in its previous observation, which concerned the right to elect trade union officers freely, government powers of requisition in the event of a strike and the trade union monopoly established by the Labour Code. It therefore requests the Government to provide a reply to the outstanding matters raised in respect of the application of the Convention (see 2003 observation, 74th Session) in its next report due for the regular reporting cycle in 2005.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and Constitutional Acts Nos. I and II of 15 March 2003 suspending the Constitution of 14 January 1995 and issuing a temporary organization of state powers. The Committee notes that the report does not address the points raised in its previous comments, which concerned the following matters.

Article 3 of the Convention. Right of workers’ organizations to elect their representatives in full freedom and to organize their activities freely. The Committee recalls that sections 1 and 2 of Act No. 88/009 provide that any person having lost the status of worker cannot either belong to a trade union or take part in its leadership or administration, and that trade union officers must be members of a trade union. In its report in 2001, the Government indicated that, in the context of a preliminary draft of a new Labour Code, these restrictions would be withdrawn in favour of more flexible provisions. The Committee recalls that legislative provisions such as those referred to above may be interpreted as imposing upon all trade union leaders the obligation to belong to the occupation or to work in the enterprise whose workers are represented by the trade union. It therefore once again requests the Government to relax these eligibility conditions so as to ensure that qualified persons, such as persons employed by trade unions or retirees, may hold trade union office. The Committee requests the Government to keep it informed in this respect.

With regard to section 11 of Order No. 81/028 respecting the Government’s power of requisition in the event of a strike when so required in the general interest, the Committee emphasized in its previous comments that it is necessary to restrict powers of requisition to cases in which the right to strike may be limited, or even prohibited, that is, on the one hand, in essential services in the strict sense of the term, namely those the interruption of which would endanger the life, personal safety or health of the whole or part of the population and, on the other, in a situation of acute national crisis. The Committee hopes that the Government will take the necessary measures to amend section 11 of Order No. 81/028 and requests it to keep it informed on this matter.

Articles 5 and 6. Right of workers’ organizations to establish federations and confederations of their own choosing. The Committee recalls that the Constitution of 14 January 1995, which is currently suspended, set forth the possibility of trade union pluralism and freedom of association (article 10). However, and even though section 30 of Act No. 61/221 issuing the Labour Code provides that trade unions may form federations, section 4 of Act No. 88/009 of 19 May 1988 amending the Labour Code (which is still in force, according to the Government) was not amended following the adoption of the Constitution of 1995 and continues to provide that occupational trade unions formed into federations and confederations may join together in a single central national organization. In its report in 2001, the Government indicated that it had repealed this provision when formulating the preliminary draft of the new Labour Code. The Committee once again requests the Government to take the necessary measures to amend the Labour Code with regard to trade union monopoly so as to guarantee in full the right of workers’ organizations to establish federations and confederations of their own choosing, and to keep it informed on this matter.

The Committee hopes that the Government’s next report will contain all the necessary information. It also requests it to provide information on the process of formulating and adopting the preliminary draft of the Labour Code.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It notes in particular the Government’s indications that funding has been provided for work to continue on a preliminary draft of the Labour Code.

It recalls that its previous comments related to sections 1, 2 and 4 of Act No. 88/009 of May 1988 on freedom of association and the protection of the right to organize, amending the Labour Code, and to section 11 of Order No. 81/028 of 1984 concerning the Government’s power of requisition in the event of a strike:

-  section 1 of Act No. 88/009 provides that any person having lost the status of worker cannot either belong to a trade union or take part in its leadership or administration;

-  section 2 of the Act provides that trade union officers must be members of a trade union;

-  section 4 of the Act provides that trade unions constituted in federations and confederations may group together in a single central national union.

The Committee had noted in previous comments that sections 1 and 2 of Act No. 88/009 may infringe the right of organizations to elect their representatives in full freedom. The Committee had requested the Government to relax excessive restrictions concerning the requirement that trade union officers belong to the same occupation in order to ensure that qualified persons may carry out union duties. In a previous report, the Government had indicated that in the preliminary draft of the Labour Code these restrictions would be replaced by more flexible provisions.

The Committee also noted that section 4 of Act No. 88/009 infringes the right of workers’ organizations to establish federations and confederations of their own choosing. In a previous report, the Government had indicated in this respect that it noted the relevance of this observation and that the provisions of this section would effectively be abolished by not including them in the draft of the new Labour Code.

With regard to section 11 of Order No. 81/028 respecting the Government’s power of requisition in the event of a strike when so required in the general interest, the Committee emphasized that it is necessary to restrict powers of requisition to cases in which the right to strike may be limited, or even prohibited, namely in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in a situation of acute national crisis.

The Committee recalls that in its previous report the Government indicated that the work of revising the Labour Code had commenced. However, the Committee notes that in its latest report the Government provides no information on the progress made in this revision. It therefore once again requests the Government to keep it informed of the progress made in the work of revising the Labour Code and to supply a copy of the preliminary draft Labour Code with its next report so that the Committee can examine its conformity with the provisions of the Convention. In this regard, the Committee reminds the Government that it can avail itself of technical assistance from the Office if it so wishes.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report and, in particular, that work has begun on revision of the Labour Code.

It recalls that its previous comments related to sections 1, 2 and 4 of Act No. 88/009 of May 1988 on freedom of association and the protection of trade union rights, amending the Labour Code, and section 11 of Order No. 81/028 of 1984 concerning the Government’s power of requisition in the event of a strike:

-  section 1 of Act No. 88/009 provides that any person having lost the status of worker cannot either belong to a trade union or take part in its leadership or administration;

-  section 2 of the Act provides that trade union officers must be members of a trade union;

-  section 4 of the Act provides that trade unions constituted in federations and confederations may group together in a single central national union.

The Committee noted in its previous reports that sections 1 and 2 of Act No. 88/009 may infringe the right of organizations to elect their representatives in full freedom. The Committee requested that the Government relax excessive restrictions concerning the requirement that trade union officers belong to the same occupation as the workers in order to ensure that qualified persons may carry out union duties. When legislation imposes conditions of this kind for all officers, there is a real risk of interference by the employer through the dismissal of trade union officers, which deprives them of their trade union office. In order to bring the legislation into conformity with the Convention, it should be made more flexible, either by admitting as candidates persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirement a reasonable proportion of the officers of the organization (see General Survey on freedom of association and collective bargaining, 1994, paragraph 117). In its latest report, the Government indicates that in sections 15 and 21 of a preliminary draft Labour Code, these restrictions have been replaced by more flexible provisions.

The Committee also noted that section 4 of Act No. 88/009 infringed the right of workers’ organizations to constitute federations and confederations of their choice. In its most recent report, the Government indicates that it has noted the relevance of this observation and abolished those provisions in the preliminary draft Code.

With regard to section 11 of Order No. 81/028 concerning the Government’s power of requisition in the event of a strike when so required in the general interest, the Committee emphasized that it was necessary to restrict powers of requisition to cases in which the right to strike may be limited or even prohibited, namely in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in a situation of acute national crisis. The Government indicates in its report that the Council of Ministers will examine this issue in the very near future.

The Committee requests that the Government keep it informed of the progress made in the revision of the Labour Code and supply in its next report a copy of the preliminary draft Labour Code so that the Committee can examine its conformity with the provisions of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that for the second year in succession the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

1.  Article 3 of the Convention (right of workers’ organizations to elect their representatives in full freedom).  The Committee recalls that sections 1 and 2 of Act No. 88/009 of 19 May 1988 on freedom of association and the protection of trade union rights, amending the Labour Code, provide that any person having lost the status of worker cannot either belong to a trade union or take part in its leadership or administration, and that trade union officers must be members of a trade union. The Committee repeats its request that excessive restrictions regarding the requirement that trade union officers must belong to the same occupation should be relaxed in order to ensure that qualified persons, such as those employed by the trade unions or pensioners, may carry out union duties.

2.  Articles 5 and 6 of the Convention (the right of workers’ organizations to establish federations and confederations of their own choosing).  The Committee had noted that the new Constitution of 14 January 1995 enshrined the possibility of trade union pluralism and freedom of association (article 10). While noting that, according to the Government, section 30 of Act No. 61/221 introducing the Labour Code provides that trade unions can affiliate to form associations, the Committee recalls that section 4 of Act No. 88/009 of 19 May 1988, amending the Labour Code, still provides that trade unions constituted in federations and confederations may group together in a single central national union. Given that the Government had indicated in its previous reports that legislation would be adopted to implement the constitutional provisions, the Committee once again requests it to communicate the relevant texts as soon as they are adopted repealing the reference to a single central national union contained in Act No. 88/009.

3.  Articles 3 and 10 of the Convention.  Furthermore, the Committee draws the Government’s attention to section 11 of Ordinance No. 81/028 of 1984 concerning the Government’s power of requisition in the event of a strike, when so required in the "general interest". The Committee considers it necessary to restrict powers of requisition to cases in which the right to strike may be limited or even prohibited, namely in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in a situation of acute national crisis (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 152 and 159).

The Committee requests the Government to keep it informed in its next report of developments in the situation in both law and practice and to indicate the measures taken to amend sections 1, 2 and 4 of the Act of 1988 and section 11 of the Ordinance of 1984 in order to bring them into conformity with the requirements of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It recalls that its previous comments related to the following points:

1. Article 3 of the Convention (right of workers' organizations to elect their representatives in full freedom). The Committee recalls that sections 1 and 2 of Act No. 88/009 of 19 May 1988 on freedom of association and the protection of trade union rights, amending the Labour Code, provide that any person having lost the status of worker cannot either belong to a trade union or take part in its leadership or administration, and that trade union officers must be members of a trade union. The Committee repeats its request that excessive restrictions regarding the requirement that trade union officers must belong to the same occupation should be relaxed in order to ensure that qualified persons, such as those employed by the trade unions or pensioners, may carry out union duties.

2. Articles 5 and 6 of the Convention (the right of workers' organizations to establish federations and confederations of their own choosing). The Committee had noted that the new Constitution of 14 January 1995 enshrined the possibility of trade union pluralism and freedom of association (article 10). While noting that, according to the Government, section 30 of Act No. 61/221 introducing the Labour Code provides that trade unions can affiliate to form associations, the Committee recalls that section 4 of Act No. 88/009 of 19 May 1988, amending the Labour Code, still provides that trade unions constituted in federations and confederations may group together in a single central national union. Given that the Government had indicated in its previous reports that legislation would be adopted to implement the constitutional provisions, the Committee once again requests it to communicate the relevant texts as soon as they are adopted repealing the reference to a single central national union contained in Act No. 88/009.

3. Articles 3 and 10 of the Convention. Furthermore, the Committee draws the Government's attention to section 11 of Ordinance No. 81/028 of 1984 concerning the Government's power of requisition in the event of a strike, when so required in the "general interest". The Committee considers it necessary to restrict powers of requisition to cases in which the right to strike may be limited or even prohibited, namely in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in a situation of acute national crisis (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 152 and 159).

The Committee requests the Government to keep it informed in its next report of developments in the situation in both law and practice and to indicate the measures taken to amend sections 1, 2 and 4 of the Act of 1988 and section 11 of the Ordinance of 1984 in order to bring them into conformity with the requirements of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the information contained in the Government's report.

The Committee recalls that its previous comments concerned the need to amend or repeal sections 1, 2 and 4 of Act No. 88/009 of 19 May 1988 on freedom of association and the protection of trade union rights, amending the Labour Code, in order to bring the legislation into fuller conformity with the Convention:

-- section 1 of the Act provides that any person having lost the status of worker cannot either belong to a trade union or take part in its leadership or administration;

-- section 2 provides that trade union officers must be members of a trade union;

-- section 4 provides that trade unions constituted in federations and confederations may group together in a single central national union;

1. Right of workers' organizations to elect their representatives in full freedom (Article 3 of the Convention). The Committee recalls that sections 1 and 2 of Act No. 88/009 of 19 May 1988 may infringe the right of organizations to elect their representatives in full freedom by preventing qualified persons, such as full-time union officers or pensioners, from carrying out union duties, and that there is also a real risk of interference by the employer through the dismissal of trade union officers, which deprives them of their trade union office (see General Survey on freedom of association and collective bargaining, 1994, paragraph 117). The Committee therefore repeats its request that excessive restrictions regarding the requirement that trade union officers must belong to the same occupation should be relaxed in order to ensure that first-level organizations can freely affiliate to federations and confederations, and that qualified persons, such as those employed by the trade unions or pensioners, may carry out union duties.

2. The right of workers' organizations to establish federations and confederations of their own choosing (Articles 5 and 6 of the Convention). The Committee had noted with interest that the new Constitution of 14 January 1995 enshrined the possibility of trade union pluralism and freedom of association (article 10). While noting that, according to the Government, section 30 of Act No. 61/221 introducing the Labour Code provides that trade unions can affiliate to form associations, the Committee recalls that section 4 of Act No. 88/009 of 19 May 1988 amending the Labour Code still provides that trade unions constituted in federations and confederations may group together in a single central national union. Given that the Government had indicated in its previous reports that legislation would be adopted to implement the constitutional provisions, the Committee once again requests it to communicate the relevant texts as soon as they are adopted to repeal the reference to a single central national union contained in Act No. 88/009 of 19 May 1988.

3. Articles 3 and 10 of the Convention. Furthermore, the Committee draws the Government's attention to section 11 of Ordinance No. 81/028 of 1984 concerning the Government's power of requisition in the event of a strike, when so required by the "general interest". The Committee considers it necessary to restrict powers of requisition to cases in which the right to strike may be limited or even prohibited, namely in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in a situation of acute national crisis see (see General Survey, op. cit., paragraphs 152 and 159).

The Committee requests the Government to keep it informed in its next report of any change in the situation in either legislation or practice and, in particular, to indicate the measures taken to amend sections 1, 2 and 4 of the 1988 Act as well as section 11 of the 1984 Ordinance in order to bring them into full conformity with the requirements of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report.

The Committee recalls that its previous comments related to sections 1, 2 and 4 of Act No. 88/009 of 19 May 1988 on freedom of association and the protection of trade union rights, amending the Labour Code.

-- Section 1 of the Act provides that any person having lost the status of worker cannot either belong to a trade union or take part in its leadership or administration.

-- Section 2 provides that trade union officers must be members of an occupational trade union.

-- Section 4 provides that occupational trade unions constituted in federations and confederations may group together in a single central national union.

The Committee recalls that provisions of this type may infringe the organization's right to elect their representatives in full freedom by preventing qualified persons, such as full-time union officers or pensioners, from carrying out union duties and that there is also a real risk of interference by the employer through the dismissal of trade union officers, which deprives them of their trade union office (see paragraph 117 of the 1994 General Survey on freedom of association and collective bargaining). The Committee therefore repeats its request that excessive restrictions regarding the requirement that trade union officers must belong to the same occupation should be relaxed in order to ensure that qualified persons such as those employed by the trade unions or pensioners may carry out union duties. It also requests the Government to ensure that first-level organizations may affiliate freely to federations and confederations of their own choosing.

The Committee notes with interest that the new Constitution of 14 January 1995 enshrines the possibility of trade union pluralism and freedom of association (article 10). In this regard, the end of the single trade union system must also be reflected in the implementing legislation. The Government indicated in its last two reports that legislation would be enacted in application of these constitutional provisions and the Committee requests it to supply copies of the legislation as soon as it has been adopted.

Furthermore, the Committee draws the Government's attention to section 11 of Order No. 81/028 of 1984 concerning the Government's power of requisition in the event of a strike, when so required by the "general interest". The Committee considers it necessary to restrict powers of requisition to cases in which the right to strike may be limited or even prohibited, namely in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in a situation of acute national crisis (op. cit., paragraphs 152 and 159).

In regard to the strict prohibition imposed on trade unions of meetings of a political nature to which the Government refers in its report, the Committee recalls that the evolution of the trade union movement and its increased recognition as a full social partner require that workers' organizations must be able to voice their opinions on political issues in the broad sense of the term and to express their views publicly on the Government's economic and social policy (op. cit., paragraphs 37, 130 and 131).

The Committee requests the Government to keep it informed in its next report of any change in the situation in either legislation or practice and, in particular, to indicate the measures taken to amend sections 1, 2 and 4 of the 1988 Act as well as section 11 of the Order of 1984 in order to bring them into full conformity with the requirements of the Convention.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that its previous comments related to sections 1, 2 and 4 of Act No. 88/009 of 19 May 1988 (the requirement that a person who stands for trade union office has to be an employee in the same occupation, and the establishment of the single trade union system in the legislation) which are not fully in accordance with the requirements of the Convention, and to the restitution of the property of the former General Union of Central African Workers (UGTC). The Committee notes with interest that the new Constitution of 14 January 1995 enshrines trade union pluralism and freedom of association. The Government indicates that laws will be enacted to give effect to these constitutional provisions. In regard to the procedure for the reimbursement of the property of the former UGTC which became the Trade Union Federation of Central African Workers (USTC), the Committee notes the exchange of letters between the Government and the USTC Secretary-General dated 24 May and 1 June 1995 in which the Government requests an exact inventory of the property concerned with a view to seeking ways and means of solving the problem with the government authorities. The Government indicates in its report that the financial and economic difficulties to which the State is subject have not allowed the Government to compensate for the damages suffered by the former UGTC. The Committee requests the Government to keep it informed in its next report of any change in the situation in either legislation or practice and, in particular, to indicate the measures taken to amend sections 1, 2 and 4 of the 1988 Act in order to bring them into conformity with the requirements of the Convention.

END OF REPETITION

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government's report has not been received.

The Committee once again requests the Government to keep it informed on the progress made in the procedure for the reimbursement of the property of the former General Union of Central African Workers (UGTC), which has become the Trade Union Federation of Central African Workers (USTC).

Furthermore, the Committee recalls that sections 1, 2 and 4 of Act No. 88/009 of 19 May 1988 (the requirement that a person who stands for trade union office has to be an employee in the same occupation, and the establishment of the single trade union system in the legislation) are not fully in accordance with the requirements of the Convention.

The Committee has been informed that receipts for registration as associations have been given to certain trade union organizations outside the trade union organization referred to in the law, and particularly to the Organization of Free Trade Unions in the Public Sector (OSLP) under Act No. 61.233 of 27 May 1961 respecting associations. The Committee notes that this Act does not provide for sufficient guarantees in the light of the Convention. Furthermore the Committee notes that section 14 of this Act explicitly provides that it does not apply to occupational trade unions. Furthermore, the Committee notes that the National Confederation of Central African Workers (CNTC) states that it received no response to its request for information, dated 22 May 1994, to the Government on the situation of the 13 trade union organizations which are affiliated to it and which, according to the CNTC, registered their statutes two years ago, but which have still not obtained a receipt of the registration of their statutes.

The Committee therefore requests the Government to reconsider its position on the amendment of the relevant sections of the Labour Code in order to ensure in law and in practice that all workers, without distinction whatsoever, have the right to establish trade unions of their own choosing outside the single trade union organization referred to by the law. It also requests it to make the excessive restrictions on the requirement of employment in the same occupation to stand for trade union office more flexible, in order to ensure that first level organizations can join the federations and confederations of their own choosing and that qualified persons, such as person employed by trade unions or retired persons, can exercise trade union office.

The Committee once again hopes that the Government will bring its legislation into full conformity with the Convention in the near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report.

The Committee recalls that its previous comments related to sections 1, 2 and 4 of Act No. 88/009 of 19 May 1988 (the requirement that a person who stands for trade union office has to be an employee in the same occupation, and the establishment of the single trade union system in the legislation) which are not fully in accordance with the requirements of the Convention, and to the restitution of the property of the former General Union of Central African Workers (UGTC).

The Committee notes with interest that the new Constitution of 14 January 1995 enshrines trade union pluralism and freedom of association. The Government indicates that laws will be enacted to give effect to these constitutional provisions.

In regard to the procedure for the reimbursement of the property of the former UGTC which became the Trade Union Federation of Central African Workers (USTC), the Committee notes the exchange of letters between the Government and the USTC Secretary-General dated 24 May and 1 June 1995 in which the Government requests an exact inventory of the property concerned with a view to seeking ways and means of solving the problem with the government authorities. The Government indicates in its report that the financial and economic difficulties to which the State is subject have not allowed the Government to compensate for the damages suffered by the former UGTC.

The Committee requests the Government to keep it informed in its next report of any change in the situation in either legislation or practice and, in particular, to indicate the measures taken to amend sections 1, 2 and 4 of the 1988 Act in order to bring them into conformity with the requirements of the Convention.

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

The Committee requests the Government to supply the text of the by-laws of the four central trade union organizations which, according to information supplied by the Government, have recently been freely established.

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

The Committee notes the information contained in the Government's report to the effect that the procedure for the reimbursement of the property of the former General Union of Central African Workers (UGTC) is under way. It requests the Government to keep it informed of the outcome of the settlement in its future reports.

The Committee also notes that, according to the Government's report, the single trade union system no longer exists in practice and that first-level trade unions and four central trade union organizations have been freely established.

Notwithstanding this change in practice, the Committee still considers that sections 1, 2 and 4 of Act No. 88/009, of 19 May 1988 (the requirement that a person should be employed in the occupation as a wage-earner in order to stand for trade union office, and the embodiment in legislation of the single trade union system) are not fully in conformity with the requirements of the Convention. In view of the recent emergence of trade union pluralism, it requests the Government to reconsider its position and to envisage the amendment of these sections in order to guarantee, in law as well as in practice, to all workers, without distinction whatsoever, the right to establish trade unions of their own choosing outside the single central trade union organization referred to in the Act. It also requests the Government to relax the excessive restrictions on the requirement of employment in the same occupation to stand for trade union office, in order to guarantee that first-level organizations can freely join federations and confederations, and that competent persons such as the permanent employees of trade unions or retired persons have the possibility of holding trade union office.

The Committee once again hopes that the Government will bring its legislation into conformity with the Convention and with national practice in the near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's report.

1. Situation of the property of the former General Union of Central African Workers (UGTC). The Committee observes that in its report the Government confines itself to stating that the problem of the property of UGTC, which was dissolved by the Decree of 16 May 1981, is in process of being settled. It again asks the Government to supply in its next report detailed information on the outcome of that settlement and on the present situation of the trade union's property.

2. Bringing Act No. 88/009 of 19 May 1988 on freedom of association and protection of the right to organise into conformity with the requirements of the Convention. The Committee regrets that the Government repeats in its report that the national authorities have taken the view that Act No. 88/009 is in conformity with the Convention and that there is no need to amend it in line with the draft legislation that was prepared by the ILO and provided to the Government by the direct contacts mission in October 1989 in order to bring the provisions of sections 1, 2 and 4 of the law into conformity with the Convention.

The Committee still considers that sections 1, 2 and 4 (requirement that a person should be employed in the occupation as a wage-earner in order to be a member of a trade union and to stand for trade union office, and embodiment in legislation of the single trade union system) are not in conformity with Articles 2, 5, 6 and 7 of the Convention. It again urges the Government to reconsider its position as regards the need to amend the Act of 1988 on freedom of association and protection of the right to organise in order to guarantee to all workers, without distinction whatsoever, the right to establish trade unions of their own choosing outside the single central trade union organisation referred to in the Act, if they so desire.

The Committee hopes once again that the Government will endeavour to take the necessary measures in the near future.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention (Right of foreigners to hold trade union office). The Committee notes that under section 2 of Act No. 88.009 of 18 May 1988 on freedom of association and protection of the right to organise, the members of a union's executive committee must be nationals of one of the States to be listed by a Decree of the Council of Ministers on condition that those concerned can prove three years' residence in the Central African Republic, that they have attained their majority and that the legislation of the countries of which they are nationals recognises reciprocal rights to Central African Republic nationals in those countries. The Committee considers that the inclusion of a State in the above-mentioned list appears to be at the complete discretion of the Minister. It accordingly asks the Government to indicate whether it is legally possible for a State not to figure on the list even when its legislation does recognise reciprocal rights to Central African Republic workers resident in its territory.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received and, referring to its previous comments, it raises the following points:

1. Restructuring of the trade union movement

The Committee notes with interest that the "trade union embargo" has been lifted by the Act of 19 May 1988 respecting freedom of association and protection of the right to organise and that, according to the information received during the direct contacts mission in October 1989 and information originating from trade union sources, more than 50 first-level trade unions have received their registration certificate. The Committee has also been informed of the holding in July 1990 of the constituent congress of the trade union central organisation which permitted the restructuring of the trade union movement.

2. Fate of the property of the General Union of Central African Workers (UGTC)

The Committee requests the Government to supply information on the fate of the property, both real estate and liquid assets, of the UGTC which was dissolved by the Decree of 16 May 1981.

3. Bringing Act No. 88/009 of 19 May 1988 on freedom of association and protection of the right to organise into conformity with the requirements of the Convention

The Committee also notes that a preliminary draft of a Bill, prepared by the ILO, was communicated by the direct contacts mission to the Central African Government in order to bring the provisions of sections 1, 2 and 4 of the Act into conformity with Articles 2 and 3 of the Convention. This draft amends the provisions requiring that persons be employed in the occupation as wage-earners in order to be members of a trade union and to stand for trade union office (sections 1 and 2 of the new Act).

It also amends the provisions respecting the single trade union system which are set out in the legislation (section 4 of the new Act).

The Committee notes that, during the direct contacts mission, the government authorities noted the suggestions put forward by the ILO and contained in the draft text. They indicated that they would examine the effect that should be given to them but recalled that the Legislative Assembly had adopted a text which, in their opinion, does not impose a single trade union system. This text only provides that occupational trade unions, federations and confederations "may" and not "shall" group together in a single central trade union organisation. The Assembly had given its opinion and the people had been able to present their point of view on this subject.

Since then, the Government stated in a communication dated 17 February 1990, that the preliminary draft of the Bill provided by the mission has been transmitted to the competent authorities, which considered that Act No. 88/009 of 19 May 1988 is in conformity with Convention No. 87 and that no amendments are necessary to it.

The Committee, while noting these interesting developments as regards the effect given to this Convention in practice, recalls that by virtue of Articles 2, 5 and 6 of the Convention, workers' organisations have the right to establish federations and confederations without previous authorisation, and that by virtue of Article 7, the acquisition of legal personality shall not be made subject to conditions of such a character as to restrict the application of the Convention.

The Committee therefore once again invites the Government to re-examine its position as regards the need to amend sections 1, 2 and 4 of the 1988 Act on freedom of association and protection of the right to organise in order to guarantee to all workers, without distinction whatsoever, the right to establish trade unions of their own choosing outside the single central trade union organisation referred to in the law, if they so wish.

The Committee hopes that the Government will endeavour to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report does not reply to its previous direct request which reads as follows:

Article 3 of the Convention (Right of foreigners to hold trade union office). The Committee notes that under section 2 of Act No. 88.009 of 18 May 1988 on freedom of association and protection of the right to organise, the members of a union's executive committee must be nationals of one of the States to be listed by a Decree of the Council of Ministers on condition that those concerned can prove three years' residence in the Central African Republic, that they have attained their majority and that the legislation of the countries of which they are nationals recognises reciprocal rights to Central African Republic nationals in those countries.

The Committee considers that the inclusion of a State in the above-mentioned list appears to be at the complete discretion of the Minister.

It accordingly asks the Government to indicate whether it is legally possible for a State not to figure on the list even when its legislation does recognise reciprocal rights to Central African Republic workers resident in its territory.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comments and the comments made in the Committee on the Application of Standards of the International Labour Conference in June 1989, the Committee notes with interest that a direct contacts mission went to the Central African Republic from 8 to 12 October 1989 and that it met representatives of the Government, the workers and the employers in order to examine questions of fact and of law respecting the application of the Convention.

The Committee notes the information gathered by the mission and the report written by the Government concerning the application of this Convention.

The Committee recalls that its comments concerned the following points:

- the general suspension since September 1981 of all trade union activities, which is known as the "trade union truce";

- the dissolution by administrative authority, on 16 May 1981, of the General Union of Central African workers (UGTC);

- the fate of the property of the UGTC, both real estate and liquid assets;

- the reasons why the Bangui Court, which has been seized with the question of the disposal of the UGTC property since 1982, has not yet given a decision;

- the right of Central African workers to carry on freely their activities of furthering and defending their economic and social interests through the central trade union organisations of their own choosing;

- the reasons for which the by-laws of two central trade union organisations, the Central African Confederation of Free Unions (CCSL) and the Central African Workers' Federation (FCT), which were deposited in 1981, have not yet been approved by the authorities.

- the incompatibility with the requirements of the Convention of section 4 of Act No. 88/009 of 19 May 1988, which refers to the single trade union system, and the requirement that persons be employed in an occupation in order to be members of a trade union or to stand for trade union office.

1. Trade union truce

The Committee notes with interest, from the information gathered during the mission, in October 1989, that the trade union truce was lifted by the Act of 19 May 1988 respecting freedom of association and protection of the right to organise. It notes that the government authorities stated that trade union activities had been maintained during the trade union truce and that workplace agreements had been signed between employers' and workers' delegates in the private sector. The Committee notes that the mission was able to examine some of these agreements.

The Committee also notes that the government authorities have indicated that the National Confederation of Central African Workers (CNTC) had received the approval of the authorities in May 1981 before the imposition of the trade union truce and that its Secretary-General had represented Central African workers at the International Labour Conference until June 1988. They explained that the CNTC did not represent Central African workers at the Conference in June 1989, since the Act of 19 May 1988 had been adopted and it was necessary to re-establish first-level trade unions. They also indicated that the CNTC desired to hold a congress in the near future in order to pronounce its voluntary self-dissolution in the spirit of solidarity with the workers.

The Committee notes that the mission was able to observe on the spot that first-level trade unions were actually in the process of re-establishing themselves, and that model rules for trade unions had been distributed in the month of May 1989 in the various sectors, both public and private, and that the general assemblies of trade unions had been held and were continuing to be held and that trade unions had deposited their rules with the Minister of the Interior, under the terms of section 7 of the 1961 Labour Code, as of August 1989. At the time that the mission was in the country, 24 first-level trade unions had deposited their rules.

Since then, trade union sources report that 35 first-level trade unions have obtained a registration receipt and that a trade union co-ordinating committee, which has been in operation since 5 January 1990 and is composed of representatives of the various trade unions, is responsible for organising trade union activities until the new trade union central organisation is set up in the coming months.

2. The question of the Central African Confederation of Free Unions (CCSL) and the Central African Workers' Federation (FCT)

The Committee notes that the information gathered during the mission confirmed that these two confederations, which, according to the allegations before the Committee on Freedom of Association (Case No. 1040), had been established at the Government's initiative, had been affected by the trade union truce of September 1981 and that they had not been approved by the authorities. Both the government authorities and workers' representatives stated that the executives of the above central organisations had been made up of persons who did not represent groups of first-level trade unions or federations and that in consequence these central organisations only consisted of theoretical groupings. Both also agreed that, since the lifting of the trade union truce, the officers of these central organisations have not made themselves known and that some of them have died. The workers' representatives that were met by the mission stated that at the present time the trade union movement wishes to re-establish itself from first-level trade unions.

3. The fate of UGTC property

The Committee notes from the information collected by the mission, that this question remains controversial. According to the Government authorities, the funds deposited in the accounts of the UGTC have been spent by officers of the trade union which had formally belonged to that confederation. A complaint has been lodged in the courts by the Government against the ex-trade union officers, but the courts have not yet given a decision. The workers' representatives met by the mission explained that when the UGTC was dissolved by administrative authority, the premises of the Labour Exchange were occupied by gendarmes without judicial authorisation. The gendarmes expelled the trade union employees who were there and then made a thorough search of the premises. Subsequently, police officers replaced the gendarmes in guarding the premises. Property such as typewriters, files, blackboards and archives were plundered or had disappeared, while the UGTC's account at the National Central African Deposit Bank (BNCD) was blocked. Furthermore, the mission noted that the Labour Exchange is now destroyed. The ex-Secretary-General of the UGTC indicated that trade unionists wished to preserve some of the property from destruction and that the ex-leaders of the UGTC wished to report how they had managed this property at the next trade union congress.

The Committee also notes, from the information gathered by the mission, that the President of the High Court of Bangui indicated that the order dissolving the UGTC on 16 May 1981 was issued by the then President of the Republic. As regards the distribution of the property of the dissolved trade union, according to the President of the Court, the authority to take a decision in this respect belongs to the congress of the delegates of first-level trade unions. In this case, since the dissolution of the UGTC was the result of a clear act of force, the President of the Court did not know the destination of the goods, property and bank assets which it owned, since the act of dissolution gave no information in this connection.

The Committee recalls, in this connection, that suspension by administrative authority of trade union organisations is a grave limitation of trade union rights, since it does not give them the right of defence, which can only be guaranteed by normal judicial procedure. It also emphasises that any searching of trade union premises should only be possible when a warrant has been issued for the purpose by the regular judicial authority when it is satisfied that there is good reason to presume that such a search will produce evidence for criminal proceedings under the ordinary law and provided the search is restricted to the purpose for which the warrant was issued. In the Committee's opinion, the public authorities should not therefore intervene abusively in trade union premises and the assets of dissolved trade unions should be distributed among the members of the dissolved organisation or transferred to the organisation which succeeds it, it being understood that this expression means the organisation which continues the aims for which the first organisation was set up and does so in the same spirit.

4. Bringing Act No. 88/009 of 19 May 1988 on freedom of association and protection of the right to organise into conformity with the requirements of the Convention

The Committee notes that a preliminary draft of a Bill, prepared by the ILO, was communicated by the mission to the Central African Government in order to bring the provisions of sections 1, 2 and 4 of the Act into conformity with Articles 2 and 3 of the Convention. This draft text amends the legal provisions respecting the requirement that persons belong to the occupation as employees in order to be members of a trade union and to stand for trade union office (sections 1 and 2 of the new Act).

It also amends the provisions respecting the single trade union system which are set out in the legislation (section 4 of the new Act).

The Committee notes that, during the direct contacts mission, the government authorities noted the suggestions put forward by the ILO and contained in the draft text. They indicated that they would examine the effect that should be given to it but they recalled that the Legislative Assembly had adopted a text which, in their opinion, does not impose a single trade union system. This text only provides that occupational trade unions, federations and confederations "may" and not "shall" group together in a single central trade union organisation. The Assembly had given its opinion and the people had been able to present their point of view on this subject.

Since then, the Government stated in a communication dated 17 February 1990, that the preliminary draft of the Bill provided by the mission has been transmitted to the competent authorities, which considered that Act No. 88/009 of 19 May 1988 is in conformity with Convention No. 87 and that no amendments were necessary to it. The Government also confirms, in its written communication, the establishment of several first-level trade unions, the approval of 39 internal rules and regulations and the effective exercise of trade union activities. It indicates, however, that to its knowledge no trade union co-ordinating committee has been approved officially.

The Committee, while noting these interesting developments as regards the effect given to this Convention in practice, recalls that by virtue of Articles 2, 5 and 6 of the Convention, workers' organisations have the right to establish federations and confederations without previous authorisation and that by virtue of Article 7, the acquisition of legal personality shall not be made subject to conditions of such a character as to restrict the application of the Convention.

The Committee therefore once again invites the Government to re-examine its position as regards the need to amend sections 1, 2 and 4 of the Act on freedom of association and protection of the right to organise of 1988 in order to guarantee all workers, without distinction whatsoever, the right to establish trade unions of their own choosing outside the single central trade union organisation referred to in the law, if they so wish. [The Government is asked to provide full particulars to the Conference at its 77th Session.]