Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Central African Republic (RATIFICATION: 1964)

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Articles 1 and 2 of the Convention. General principles. Improvement of standards of living. The Government indicates that constant efforts have been made to progressively implement the National Recovery and Peacebuilding Plan for the Central African Republic (RCPCA), through Pillar One relating to the restoration of peace, security and reconciliation. These efforts have been carried out with the support of the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) and have allowed for the recovery of most of the regions previously occupied by armed groups. It also indicates that the Armed Forces of the Central African Republic have been deployed for the restoration of State authority in order to ensure the security of the population and the most vulnerable social groups with a view to social well-being. The Government adds that efforts are being pursued in the territory to secure the country, based on the Political Peace Agreement signed on 6 February 2019 with the leaders of the armed groups, setting out the obligations of each of the signatory parties in favour of a lasting social peace throughout the national territory. As part of the implementation of Pillar Two relating to the social contract between the State and the population, the Government indicates that innovations and reforms have been carried out in the area of social services relating to health and education for the well-being of vulnerable social groups throughout the country to effectively combat the effects of widespread poverty. In this regard, the Government states that it has adopted Decree No. 19.037 of 15 February 2019 on targeted free medical care in all health establishments for vulnerable social groups, such as children up to 5 years of age, women who are breastfeeding and women who are victims of gender-based violence. It adds that a national education plan has been developed in cooperation with technical and financial partners, such as the World Bank, the European Union and other partners involved in the Central African education system. The plan took into account issues related to the construction of new school buildings that had been vandalized and pillaged by armed groups during the successive military-political crises in the country, including the training and recruitment of teachers for the public service to ensure quality education. The Government reports the relaunch of social dialogue with partners and the establishment of a standing framework for consultation and negotiations between the Government and the central trade unions, on the one hand, and the joint consultation framework for improving the business climate in the private sector, on the other. It indicates that the examination of the Bill issuing the agricultural-pastoral land code is under way and is generating reactions among all the actors concerned by this issue. It adds that this Bill will be transmitted to the Committee after its final adoption by the National Assembly. The Government also indicates the willingness of the authorities to progressively implement the RCPCA and the objectives of Articles 1 and 2 of the Convention to ensure a social policy focused on the well-being and development of the population at all levels of economic and social life, especially vulnerable groups such as women, young persons, children and persons with disabilities. To this end, it states that as part of the integration of young people into the public service in 2019, a quota of ten per cent has been reserved for job seekers with disabilities who are qualified to access the public labour market. In addition, the Committee notes the various stages of the process to set up a National Health Insurance Fund (CNAM) for public servants and officials with ILO technical support. While recognizing the complexity of the situation on the ground, the Committee requests the Government to continue to provide updated and detailed information on the way in which the implementation of the RCPCA enables the pursuit of the objectives of the Convention, which provides, in Articles 1 and 2, that “all policies shall be primarily directed to the well-being of the population”, including vulnerable groups, such as women, young persons, children and persons with disabilities. It also requests the Government to indicate the impact of Decree No. 19.037 of 15 February 2019 and to provide a copy. The Committee requests the Government to provide detailed information on any developments relating to the adoption of the Bill on agricultural land and the establishment of the CNAM with ILO technical support.

Article 12. Remuneration of workers. The Government indicates that the remuneration of workers governed by the Labour Code is carried out based on negotiable wage scales in collective labour agreements and collective enterprise agreements that take into account the legal provisions set forth in the Labour Code. It states that arrangements for the repayment of advances on wages are determined by consensus between the contracting parties to the above agreements. The Committee once again recalls that in accordance with Article 12 of the Convention, maximum amounts and manner of repayment of advances on wages shall be regulated by the competent authority. The Committee requests the Government to provide detailed and updated information on any regulations relating to measures taken or envisaged to determine the maximum amounts and manner of repayment of advances on wages, in conformity with Article 12(2) and (3). It once again requests the Government to provide information on any developments relating to the Order on the repayment of advances on wages and to provide a copy once it has been adopted.

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Articles 1 and 2 of the Convention. General principles. Improvement of standards of living. In reply to the Committee’s previous comments, the Government indicates that the Convention is only partially applied, as certain regions of the country are still occupied by armed men, which makes it difficult to carry out certain activities for vulnerable populations for reasons of security. In this context, it specifies that the recurrent crises which have affected the country since 2013 have led it to review its social policy with a view to targeting the urgent needs of the population. Accordingly, the Poverty Reduction Strategy Paper 2011–15 (PRSP2) was revised and replaced firstly by the Emergency Programme for Sustainable Recovery 2016–17, and then by the National Recovery and Peacebuilding Plan for the Central African Republic (RCPCA) 2017–21, which was submitted and validated by donors in Brussels on 17 November 2016. The Government indicates that the second pillar of the RCPCA takes into account a broad range of problems related to economic and social development through the identification and assessment of the urgent needs of all categories of the population in relation to health, education, water and sanitation for social welfare. Pillar Two of the RCPCA, entitled “Renew the social contract between the State and the population”, has the objective of restoring and improving infrastructure and establishing the required capacity to provide quality social and administrative services throughout the country. This pillar includes measures to ensure food security, reinforce macroeconomic stability and good governance. Pillar Three provides for economic recovery and growth in productive sectors with a view to creating employment opportunities for all categories of the population. The paper shows that the State has lost control of a large part of its territory, and that armed groups are broken down into innumerable uncontrolled rebel factions, with a multiplication of criminal activity. In this context, poverty is endemic and the majority of the population does not have access to basic services. As a result, 2 million inhabitants are exposed to food insecurity and 838,000 persons, or almost one fifth of the population, are still displaced. The Committee also notes that the unemployment rate is very high among youth, and that women are profoundly affected by the conflict, poverty, violations of human rights and the lack of economic opportunities. In rural areas, the poverty rate is as high as 81 per cent for women, compared with 69 per cent for men. The Committee also notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 24 July 2014, expressed concern at the economic situation, which continues to deteriorate owing to the conflict, and has a negative impact on the employment opportunities of women and, consequently, on their enjoyment of their economic and social rights (CEDAW/C/CAF/CO/1-5, paragraph 37). The Government places emphasis on problems related to migration movements, which are essentially due to poverty and conflict in the Central African subregion. It indicates that, to attenuate this situation, it is implementing socio-economic reintegration and voluntary repatriation programmes with the support of the United Nations High Commissioner for Refugees, the National Refugee Commission and the International Organization for Migration. By way of illustration, the Government refers to the Programme for Demobilization, Disarmament, Reintegration and Repatriation. It adds that an urbanism plan is being implemented by the Urban Development and Equipment Fund. The Government adds that, in the context of the labour-intensive works approach that it has implemented, the Lôndo project and other United Nations agencies have made an enormous contribution to the urbanization programme, which includes the rehabilitation of road networks and the construction of rural tracks. With regard to the improvement of living conditions in rural areas, the Government indicates that it has established a decentralization project through the implementation of certain employment creation projects, such as the solar field project in the country, as well as the exploitation of oil and mining. It adds that, through the Ministry of Labour, Employment, Vocational Training and Social Protection, and with ILO support, it organized a workshop on the establishment of a health insurance system. The Committee notes that the general objective of the workshop was to inform the participants on the process and to achieve agreement on the guiding principles for the establishment of a health insurance system. The Government adds that it has unblocked and has been proceeding with the regular payment of the salaries of public officials since 2009. Furthermore, three months of wage arrears were paid in staggered payments to State officials and employees in 2013 with the support of the Government’s technical and financial partners. It adds that the debts of cotton growers, which had accumulated for several years, have also been paid. However, the Government notes that the debts of previous governments have been evaluated and submitted to the technical and financial partners for the back payment of wage arrears from the 1990s. It adds that a Bill on agricultural property is under examination by the National Assembly. The Government specifies that, with the support of technical and financial partners, it is in the process of reforming and relaunching the Chamber of Agriculture so that it can guide and support agricultural cooperatives. While recognizing the complexity of the situation in the country, the Committee requests the Government to continue providing updated information on the manner in which the implementation of the RCPCA has made it possible to pursue the objectives of the Convention which, in Articles 1 and 2, provides that “All policies shall be primarily directed to the well-being and development of the population”, particularly with regard to vulnerable groups, such as women, young persons, children and persons with disabilities. It also requests the Government to provide information on the outcome of the workshop organized with ILO support. The Committee requests the Government to provide information on any developments in the adoption of the Bill on agricultural property and to provide a copy once it has been adopted.

Article 12. Remuneration of workers. The Government indicates that, in practice, certain workers governed by the Labour Code, and in agreement with their employers, benefit from advances on wages, the repayment of which is staggered over several months, depending on the amount agreed by the parties. However, it adds that the Committee responsible for drawing up the texts to give effect to the Labour Code has taken up this work once again and will propose an order for this purpose. The Committee recalls that, as indicated in its previous comments, under the terms of Article 12 of the Convention, the maximum amounts and manner of repayment of advances on wages shall be regulated by the competent authority. The Committee hopes that the Government will be in a position to indicate in its next report the provisions of ministerial orders which regulate the maximum amounts and manner of repayment of advances on wages, in accordance with Article 12(2) and (3). It also requests the Government to provide information on any developments relating to the Order on the repayment of advances on wages and to provide a copy once it has been adopted.

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Parts I and II of the Convention. Improvement of standards of living. The Committee takes note of the Government’s report received in June 2013, which refers to the Poverty Reduction Strategy Paper (PRSP 2) (2011–15). With regard to the 2008 observation, the Government indicates that a large range of problems relating to economic and social development have been taken into account by the PRSP 2. The document reveals that poverty affects just over three households out of five. Poverty is more pronounced in rural areas (69.4 per cent) than in urban areas (49.6 per cent). The document also reports a high unemployment rate for young people and the vulnerability of the elderly, the majority of whom did not have sufficient savings or pension to ensure their survival. The ultimate purpose of the poverty reduction strategy being to improve the welfare of the population, the Committee notes that education and income per capita were included among the areas considered essential. The Committee hopes that the Government will be able to indicate in its next report how the implementation of the PRSP 2 made it possible to pursue the objectives of the Convention which, in its Articles 1 and 2, provides that “all policies shall be primarily directed to the well-being and development of the population”.

Part IV. Remuneration of workers. In its 2008 observation the Committee expressed the hope that outstanding issues concerning the application of this provision would be taken into account in the new Labour Code. However, Act No. 09.004 of 29 January 2009 establishing the Labour Code of the Central African Republic does not seem to give effect to Article 12 of the Convention concerning the regulation by the competent authority of the maximum amounts and manner of repayment of advances on wages. The Government reiterates in its report that the maximum amounts and the wages will be fixed by decree of the Ministry of Civil Service. The Committee hopes that the Government will indicate in its next report the provisions of ministerial decrees regulating maximum amounts and manner of repayment of advances on wages, in accordance with paragraphs 2 and 3 of Article 12.

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Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in June 2008 in reply to its observation of 2007. The Government indicates, in particular, that measures designed to promote economic and social development have been incorporated in the Poverty Reduction Strategy Paper (PRSP) 2008–10, adopted in September 2007. The Committee notes that the PRSP includes a chapter on the social situation, including decent work and employment, from which it emerges that half of all households are living in poverty and the essential needs of more than two in five Central Africans are not being met. The Committee requests the Government to indicate in its next report how the implementation of the poverty reduction strategy has enabled the pursuit of the objectives of the Convention, which provides, in Article 1, that “all policies shall be primarily directed to the well-being and development of the population”.

Part IV. Remuneration of workers. In its reply to the Committee’s previous observation, the Government indicates that the maximum amounts and the manner of repayment of advances on wages are laid down by order of the Minister of the Public Service. According to the Government, a new Labour Code was submitted to the National Assembly. The Committee hopes that the pending matters concerning the application of this provision have been taken into account in the new Labour Code and that the Government will be able to indicate, in its next report, the provisions of the Labour Code and of the Ministerial orders which have regulated the maximum amounts and the manner of repayment of advances on wages, in accordance with Article 12, paragraphs 2 and 3.

Furthermore, the Committee notes the Government’s first reports and is addressing a request directly to the Government on the application of Conventions Nos 122, 142 and 158, recently ratified by the Central African Republic.

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1. Parts I and II of the Convention. Improvement of standards of living. In its 2005 observation, the Committee requested the Government to provide information on the manner in which the provisions of the Convention had been taken into account in the formulation and implementation of the measures adopted, in the context of its economic programmes and its poverty reduction strategy. In a report received in September 2006, the Government stated that, for more than a decade, no development plan was established. The report solely reiterates that no measures were adopted in relation to the provisions of the Convention. The Committee understands that the Government submitted its status report on the poverty reduction strategy to the International Monetary Fund in November 2006, which includes the following main thrusts: consolidating peace and security; promoting transparency and good governance; sustaining macroeconomic stabilization and reform; increasing the population’s access to social services, rehabilitating basic infrastructures and reviving social sectors. The Committee recalls that in the conclusions adopted at the 11th ILO African Regional Meeting (Addis Ababa – April 2007), the tripartite delegations reached consensus for a mainstream assessment of the impact on the generation, and maintenance, of decent work opportunities in poverty-reducing development strategies and to adopt national targets for the creation of sufficient decent jobs to absorb new labour market entrants and reduce by half the numbers of working poor. The Committee asks the Government to report in detail on the manner in which the provisions of Articles 1 and 2 of the Convention calling for “all policies” to be “primarily directed to the well-being and development of the population” have been taken into account in the formulation and implementation of an integrated Decent Work Country Programme and its poverty reduction strategy.

2. Part IV. Remuneration of workers. The Committee recalls that, as noted in its previous comments, under the terms of Article 12 of the Convention, the maximum amounts and manner of repayment of advances on wages are to be regulated by the competent authority. The Committee requests the Government to indicate the progress made in regulating the maximum amounts and manner of repayment of advances on wages.

3. Part VI. Vocational education and training. The Committee requests the Government to provide information on the progress achieved in the field of vocational and informal training and, in particular, in primary education.

4. The Committee intends to pursue consideration of the effect given to Convention No. 117 taking into account the matters closely linked with its application which will be examined, upon receipt in 2008 of the first reports on the implementation of the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142).

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Parts I and II of the Convention. Improvement of standards of living. The Committee notes with regret that the Government has not provided information on the application of the Convention for many years. It requests the Government to provide information on the manner in which the provisions of Convention No. 117, which are intended to ensure that "all policies shall be primarily directed to the well-being and development of the population", have been taken into account in the formulation and implementation of the measures adopted in the context of its economic programmes and its poverty reduction strategy (Articles 1 and 2 of the Convention).

Part IV. Remuneration of workers. The Committee recalls that, in its previous comments, it pointed out that, under the terms of Article 12 of the Convention, the maximum amounts and manner of repayment of advances on wages are to be regulated by the competent authority. The Government had stated in previous reports that it was examining these questions in the private sector. The Committee requests the Government to indicate the progress achieved in regulating the maximum amounts and manner of repayment of advances on wages.

Part VI. Education and training. The Committee requests the Government to provide information on the progress achieved in the field of vocational and informal training and, in particular, in primary education (Article 15).

[The Government is asked to reply in detail to the present comments in 2006.]

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The Committee notes with regret 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:

The Committee refers to its previous comments and notes that the Government’s commitment, in its report, to make the necessary amendments to the national legislation. The Committee trusts that the next report will contain full information on the points which the Committee has been raising for many years.

Article 12 of the Convention. The Committee recalls that, in conformity with the present provisions, the maximum amounts and manner of repayment of advances on wages must be regulated by the competent authority. The Government had stated, in previous reports, that it was examining these questions in the private sector. The Committee requests the Government to indicate in the near future the progress made in respect of regulating the maximum amounts and manner of repayment of advances on wages.

Article 15. The Committee requests the Government to provide information in respect of the progress made in vocational and informal training and, in particular, in primary education.

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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:

The Committee refers to its previous comments and notes that the Government’s commitment, in its report, to make the necessary amendments to the national legislation. The Committee trusts that the next report will contain full information on the points which the Committee has been raising for many years.

Article 12 of the Convention. The Committee recalls that, in conformity with the present provisions, the maximum amounts and manner of repayment of advances on wages must be regulated by the competent authority. The Government had stated, in previous reports, that it was examining these questions in the private sector. The Committee requests the Government to indicate in the near future the progress made in respect of regulating the maximum amounts and manner of repayment of advances on wages.

Article 15. The Committee requests the Government to provide information in respect of the progress made in vocational and informal training and, in particular, in primary education.

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The Committee refers to its previous comments and notes that the Government's commitment, in its report, to make the necessary amendments to the national legislation. The Committee trusts that the next report will contain full information on the points which the Committee has been raising for many years.

Article 12 of the Convention. The Committee recalls that, in conformity with the present provisions, the maximum amounts and manner of repayment of advances on wages must be regulated by the competent authority. The Government had stated, in previous reports, that it was examining these questions in the private sector. The Committee requests the Government to indicate in the near future the progress made in respect of regulating the maximum amounts and manner of repayment of advances on wages.

Article 15. The Committee requests the Government to provide information in respect of the progress made in vocational and informal training and, in particular, in primary education.

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The Committee notes with regret 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 following matters raised in its previous direct request:

Article 12 of the Convention. The Committee noted that the Government, in its earlier reports, stated that it was examining problems of the regulation of the maximum amounts and the manner of repayment of advances on wages in the private sector, in accordance with this Article. The Committee would be grateful if the Government would indicate in its next report the progress made.

Article 15. The Committee noted the efforts made by the Government in the sector of vocational and informal training and hopes that it will continue in forthcoming reports to notify the progress made, particularly in primary education.

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The Committee notes the information supplied in the Government's report. It notes however that the report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request:

Article 12 of the Convention. The Committee noted that the Government, in its earlier reports, stated that it was examining problems of the regulation of the maximum amounts and the manner of repayment of advances on wages in the private sector, in accordance with this Article. The Committee would be grateful if the Government would indicate in its next report the progress made.

Article 15. The Committee noted the efforts made by the Government in the sector of vocational and informal training and hopes that it will continue in forthcoming reports to notify the progress made, particularly in primary education.

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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 following matters raised in its previous direct request:

Article 12 of the Convention. The Committee noted that the Government, in its earlier reports, stated that it was examining problems of the regulation of the maximum amounts and the manner of repayment of advances on wages in the private sector, in accordance with this Article. The Committee would be grateful if the Government would indicate in its next report the progress made.

Article 15. The Committee noted the efforts made by the Government in the sector of vocational and informal training and hopes that it will continue in forthcoming reports to notify the progress made, particularly in primary education.

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The Committee notes with regret 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 following matters raised in its previous direct request:

Article 12 of the Convention. The Committee noted that the Government, in its earlier reports, stated that it was examining problems of the regulation of the maximum amounts and the manner of repayment of advances on wages in the private sector, in accordance with this Article. The Committee would be grateful if the Government would indicate in its next report the progress made.

Article 15. The Committee noted the efforts made by the Government in the sector of vocational and informal training and hopes that it will continue in forthcoming reports to notify the progress made, particularly in primary education.

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The Committee notes with regret 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 following matters raised in its previous direct request:

Article 12 of the Convention. The Committee noted that the Government, in its earlier reports, stated that it was examining problems of the regulation of the maximum amounts and the manner of repayment of advances on wages in the private sector, in accordance with this Article. The Committee would be grateful if the Government would indicate in its next report the progress made.

Article 15. The Committee noted the efforts made by the Government in the sector of vocational and informal training and hopes that it will continue in forthcoming reports to notify the progress made, particularly in primary education.

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The Committee notes with regret 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 12 of the Convention. The Committee notes that the Government, in its earlier reports, stated that it was examining problems of the regulation of the maximum amounts and the manner of repayment of advances on wages in the private sector, in accordance with this Article. Noting that there is no reference to the matter in the last report, the Committee would be grateful if the Government would indicate in its next report the progress made.

Article 15. The Committee notes the efforts made by the Government in the sector of vocational and informal training and hopes that it will continue in forthcoming reports to notify the progress made, particularly in primary education.

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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 12 of the Convention. The Committee notes that the Government, in its earlier reports, stated that it was examining problems of the regulation of the maximum amounts and the manner of repayment of advances on wages in the private sector, in accordance with this Article. Noting that there is no reference to the matter in the last report, the Committee would be grateful if the Government would indicate in its next report the progress made.

Article 15. The Committee notes the efforts made by the Government in the sector of vocational and informal training and hopes that it will continue in forthcoming reports to notify the progress made, particularly in primary education.

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Article 12 of the Convention. The Committee notes that the Government, in its earlier reports, stated that it was examining problems of the regulation of the maximum amounts and the manner of repayment of advances on wages in the private sector, in accordance with this Article. Noting that there is no reference to the matter in the last report, the Committee would be grateful if the Government would indicate in its next report the progress made.

Article 15. The Committee notes the efforts made by the Government in the sector of vocational and informal training and hopes that it will continue in forthcoming reports to notify the progress made, particularly in primary education.