Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

In its previous observation, the Committee noted the comments of the International Trade Union Confederation (ITUC) of 2007 reporting the arrest and arbitrary detention of representatives of the Free Trade Union Confederation of Gabon (CGSL) over recent years. It notes that, in a communication dated 26 August 2009, the ITUC once again reports cases of the arrest and harassment of members of the CGSL. The Committee notes the Government’s indication in its report that replies to the issues raised by the ITUC have been provided to the Committee on Freedom of Association and that the dispute which gave rise to the arrests has been resolved. The Committee recalls that the arrest and detention, even if only briefly, of trade union leaders and trade unionists for exercising legitimate activities without any charges being laid or court warrants being issued constitutes a serious violation of the principles of freedom of association. The Committee urges the Government to guarantee the representatives of the CGSL the unimpeded exercise of their trade union rights.

Furthermore, the Committee noted the 2007 observations of the Trade Union Congress of Gabon (CSG) reporting the Government’s refusal to consider the issue of the representativeness of trade unions and calling for the organization of trade union elections. The Committee notes the Government’s indication in its report that the designation of the most representative trade union confederations in the country is not the result of a unilateral decision by the Government, but the outcome of an agreement concluded on 27 March 2007 between six trade union confederations (COSYGA, CGSL, USAP, UTG, CONSINEQ and Intersyndicale), which designated the four most representative organizations to participate in the consultative bodies envisaged by the Labour Code, prior to their subsequent determination through trade union elections. In this respect, the Government, confirming that the issue of the representativeness of trade union confederations raised by the CSG remains topical, once again requests the assistance of the Office for the organization of trade union elections. The Committee recalls that the determination of the most representative organizations must be based on objective, pre-established and precise criteria so as to avoid any possibility of bias or abuse (see the 1994 General Survey on freedom of association and collective bargaining, paragraph 97). The Committee trusts that the Government will take the necessary measures to resolve the problem of the representativeness of trade union organizations, which it acknowledges, and hopes that it will be able to benefit from ILO technical assistance. The Committee requests the Government to indicate any progress achieved in this respect in its next report.