Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (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.