Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Central African Republic (Ratification: 1960)

The Committee notes that the Government's report has not been received and, referring to its previous comments, it raises the following points:

1. Restructuring of the trade union movement

The Committee notes with interest that the "trade union embargo" has been lifted by the Act of 19 May 1988 respecting freedom of association and protection of the right to organise and that, according to the information received during the direct contacts mission in October 1989 and information originating from trade union sources, more than 50 first-level trade unions have received their registration certificate. The Committee has also been informed of the holding in July 1990 of the constituent congress of the trade union central organisation which permitted the restructuring of the trade union movement.

2. Fate of the property of the General Union of Central African Workers (UGTC)

The Committee requests the Government to supply information on the fate of the property, both real estate and liquid assets, of the UGTC which was dissolved by the Decree of 16 May 1981.

3. Bringing Act No. 88/009 of 19 May 1988 on freedom of association and protection of the right to organise into conformity with the requirements of the Convention

The Committee also notes that a preliminary draft of a Bill, prepared by the ILO, was communicated by the direct contacts mission to the Central African Government in order to bring the provisions of sections 1, 2 and 4 of the Act into conformity with Articles 2 and 3 of the Convention. This draft amends the provisions requiring that persons be employed in the occupation as wage-earners in order to be members of a trade union and to stand for trade union office (sections 1 and 2 of the new Act).

It also amends the provisions respecting the single trade union system which are set out in the legislation (section 4 of the new Act).

The Committee notes that, during the direct contacts mission, the government authorities noted the suggestions put forward by the ILO and contained in the draft text. They indicated that they would examine the effect that should be given to them but recalled that the Legislative Assembly had adopted a text which, in their opinion, does not impose a single trade union system. This text only provides that occupational trade unions, federations and confederations "may" and not "shall" group together in a single central trade union organisation. The Assembly had given its opinion and the people had been able to present their point of view on this subject.

Since then, the Government stated in a communication dated 17 February 1990, that the preliminary draft of the Bill provided by the mission has been transmitted to the competent authorities, which considered that Act No. 88/009 of 19 May 1988 is in conformity with Convention No. 87 and that no amendments are necessary to it.

The Committee, while noting these interesting developments as regards the effect given to this Convention in practice, recalls that by virtue of Articles 2, 5 and 6 of the Convention, workers' organisations have the right to establish federations and confederations without previous authorisation, and that by virtue of Article 7, the acquisition of legal personality shall not be made subject to conditions of such a character as to restrict the application of the Convention.

The Committee therefore once again invites the Government to re-examine its position as regards the need to amend sections 1, 2 and 4 of the 1988 Act on freedom of association and protection of the right to organise in order to guarantee to all workers, without distinction whatsoever, the right to establish trade unions of their own choosing outside the single central trade union organisation referred to in the law, if they so wish.

The Committee hopes that the Government will endeavour to take the necessary action in the very near future.