Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Gabon (Ratification: 1961)

The Committee takes note of the Government's report and of the comments submitted by the Employers' Confederation of Gabon (CPG) on the application of the Convention.

For a number of years, the comments of the Committee have addressed the following points:

- the need to supplement the legislation so as to guarantee the protection of the workers against acts of anti-union discrimination both at the time of taking up employment and in the course of employment;

- the need to adopt a provision in order to protect workers' organisations against acts of interference on the part of employers or their organisations.

In its previous observation, the Committee took due note that the provisions of the common agreement cover the gaps identified in the law with regard to Article 1 of the Convention.

In this connection, the Committee notes the CPG's statement that all the agreements signed since February 1983, which cover the vast majority of sectors of economic activity, have incorporated the provisions of the common agreement concerning the protection of workers againt acts of anti-union discrimination.

The Committee also notes once again the assurances provided by the Government that Articles 1 and 2 of the Convention are among the questions to be examined during the current revision of the Labour Code.

The Committee again expresses the hope that the legislation will be amended in order to extend the protection guaranteed by law against any act of anti-union discrimination to the period of recruitment and that of employment (Article 1 of the Convention) and to provide protection, including penal sanctions or civil remedies, for workers' organisations against any act of interference by employers (Article 2 of the Convention).

The Committee requests the Government to indicate in its next report the measures that have been taken to bring its legislation into greater conformity with the Convention.