Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (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.