Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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

The Committee notes the information supplied by a Government representative at the Conference Committee in 1991, the reports of the Government, and the comments it made in reply to the observations of the Confederation of Free Trade Unions of Gabon (CGSL) of 15 October 1991.

The Committee notes, in particular, the Government representative's statement that the recognition of individual liberties in the new Constitution of Gabon, which came into force on 26 March 1991, has a corollary in the overall social plan, which is the abolition of trade union monopoly, that is to say the establishment of genuine and complete freedom of association. It notes that a draft new Labour Code which was discussed during a tripartite meeting from January to April 1991, attended both by the unitary employers' and workers' central organisations and by other organisations of workers and employees, has already been examined by the Government and was to be presented before the end of 1991. According to the Government, the amendment envisaged includes the repeal of section 174 of the present Labour Code which obliges all workers' or employers' organisations to affiliate with the Trade Union Confederation of Gabon (COSYGA) or the Employers' Confederation of Gabon (CPG). The Government also states that Act No. 13/80 of 2 June 1980, establishing a trade union solidarity tax deducted for the COSYGA, is no longer applied and that the tax has not been deducted since March 1990. Legislation is to be adopted for its formal repeal.

With regard to the provisions on compulsory arbitration restricting workers' right to strike (sections 239, 240, 245 and 249 of the Labour Code), the Government representative stated that a draft law specifically on the right to strike, which takes into account the requirements of the Convention, has been prepared and may be incorporated into the revised Labour Code.

The Committee again draws attention to the need to amend section 173 of the Labour Code prohibiting the establishment of more than one union in a given occupation or a given region, and trusts that the above-mentioned provisions of the national legislation will shortly be amended to take account of its comments. It once again asks the Government in its next report to provide information on the measures taken in this respect and to provide copies of all new legislation adopted to give effect to the Convention.

The Committee recalls that the Government could ask the ILO for technical assistance in this regard.

The Committee also notes that the CGSL, in a communication dated 15 October 1991, asks the Government to provide the ILO with full particulars of the nature of workers' organisations in Gabon, in the light of the proposals made by the National Conference on the dissolution of the single central trade union organisation (COSYGA) which, according to the CGSL, is a specialised agency of the Democratic Party of Gabon, the trade union freedoms recognised in the new Constitution of 26 March 1991 and the actual dissolution of COSYGA which, according to the CGSL, was approved by the workers concerned who have created several trade union organisations, including the CGSL.

The Committee notes the Government's reply in its last report to the effect that: (1) COSYGA, whose members wish the organisation to continue under the same name, has complied with the laws of the Republic of Gabon and adopted new rules under which it is now protected from any influence on the part of political parties and religions; (2) the new rules of COSYGA settle clearly the problem of the social assets of COSYGA vis-à-vis the new unions; (3) the sole object of occupational organisations is to examine and defend members' economic, industrial, commercial, agricultural and artisanal interests and there are no longer any restrictions on the establishment of these organisations; and (4) future elections of staff delegates and members of the Economic and Social Cooperation Committees will demonstrate that the various unions in establishments and enterprises are representative.

In the light of this information, the Committee asks the Government to provide a copy of the new COSYGA rules with its next report and to indicate the results of the above-mentioned elections.