Effect given to the recommendations of the committee and the Governing Body - REPORT_NO325, June 2001

CASE_NUMBER 1978 (Gabon) - COMPLAINT_DATE: 27-JUL-98 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 29. The Committee last examined this case, which concerns the existence and free functioning of trade union structures of the Gabonese Confederation of Free Trade Unions (CGSL) in the Leroy-Gabon and SOCOFI enterprises and the dismissal of trade unionists for exercising their right to strike, at its May 2000 meeting [see 321st Report, paras. 28-36]. At the time, it requested the Government to take the necessary measures to ensure the existence and free functioning of the CGSL trade union in the SOCOFI enterprise, once the union had complied with registration formalities provided by law. The Committee had further asked the Government to keep it informed of the decision of the Court of Appeals on the legality of the strike launched by the CGSL at the SOCOFI enterprise in 1997.
2. 30. In a communication dated 31 January 2001, the Government indicates that the decision regarding the legality of the strike at the SOCOFI enterprise is still on appeal before the Libreville Labour Court, but that SOCOFI has nevertheless been invited to authorize trade union pluralism within the enterprise.
3. 31. Moreover, the Government states its intention first to hold elections of workers’ representatives throughout the country and subsequently to enter into negotiations with the social partners, with a view to remedying legal shortcomings in the collective agreements as regards trade union representation in enterprises.
4. 32. The Committee takes note of this information. As regards the decision concerning the legality of the strike at the SOCOFI enterprise, it notes that the matter is still pending before the Libreville Labour Court. The Committee recalls that the strike took place in September 1997, i.e. more than three and a half years ago, and that the dismissed workers are still awaiting the Court’s decision. The Committee once again urges the Government to take the necessary measures – if the strike is ruled to have been lawful – in order that the workers dismissed for exercising the right to strike are reinstated in their posts without loss of pay. It also reiterates its request that the Government notify it of the decision of the Labour Court as soon as the decision is handed down.
5. 33. As regards the allegations concerning the dissolution of the CGSL trade union structure at the SOCOFI enterprise, the Committee notes the Government’s statement that SOCOFI has been invited to authorize trade union pluralism within the enterprise. The Committee, therefore, requests the Government to confirm the existence and free functioning of the CGSL trade union in the enterprise. Moreover, while taking due note of the Government’s statement of intention to enter into negotiations with the social partners on the question of trade union representation in enterprises and to hold elections of workers’ representatives throughout the country, the Committee reminds the Government that it is for workers’ organizations to determine the conditions under which their leaders are elected, and that the authorities should refrain from any unjustified interference in the exercise of the guaranteed right of workers’ organizations to elect their representatives in full freedom, pursuant to Convention No. 87.