Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report and its reply to the observations made by the International Confederation of Free Trade Unions (ICFTU, now ITUC – the International Trade Union Confederation), on 10 August 2006. The Committee recalls that, in its observations, the ICFTU criticized compulsory arbitration in the case of disputes not resolved by conciliation, as well as the arrest of a trade union leader and police intervention to prevent the right of assembly. In this respect, the Committee notes the Government’s reply, under the terms of which: (1) the preliminary draft text of the Labour Code has taken into account the various concerns of the social partners, including those relating to compulsory arbitration in the case of disputes not resolved through conciliation; (2) with regard to the arrest of the trade union leader Noël Ramandan and his detention for one day, the Government states that there is no relation between his trade union activities and the arrest, which was the outcome of a monitoring operation initiated by the Government with a view to combating fraud in public finances; and (3) in relation to the occupation of the labour exchange by the forces of order, which prevented the holding of a trade union meeting, it indicates that this was done with the aim of taking security measures and that the reason for this intervention was to separate political activities from trade union activities. The Committee recalls that the arrest and detention of trade unionists without any charges being laid or court warrants being issued constitutes a serious violation of trade union rights, that freedom of assembly is an essential element of freedom of association and that the authorities should refrain from any interference which would restrict this right or impede its lawful exercise, unless public order is disturbed thereby or imminently endangered.

Furthermore, the Committee recalls that for several years it has been requesting the Government to amend or repeal various legislative provisions relating to restrictions on freedom of association. More specifically, the Committee requested:

(1)   the amendment of sections 1 and 2 of Act No. 88/009 amending the Labour Code, which provide that any person having lost the status of worker cannot either belong to a trade union or participate in its leadership or administration, and that trade union officers must be members of a trade union, with a view to ensuring that qualified persons, such as persons employed by trade unions or retirees, may hold trade union office;

(2)   the amendment of section 11 of Order No. 81/028 respecting the Government’s powers of requisition in the event of a strike when so required in the general interest and to restrict powers of requisitioning to cases in which the right to strike may be limited, or even prohibited, that is in the public service in respect of public servants exercising authority in the name of the State, in essential services in the strict sense of the term and in a situation of acute national crisis; and

(3)   the repeal of section 4 of Act No. 88/009, which provides that occupational trade unions formed into federations and confederations may join together in a single central national organization. On this point, the Committee notes the Government’s indication that occupational trade unions formed into federations and confederations may indeed join together in a single central organization.

The Committee notes the Government’s reply to the effect that an important process of reforms of the legislation, which will take into account the observations made by the Committee, has been initiated with regard to the preliminary draft of the Labour Code, the review of the general conditions of service of the public service and the revision of Order No. 81/028 and Act No. 88/009. The Committee further notes that the preliminary draft of the reform of the Labour Code has been validated by the social partners. The Committee hopes that the legislative reforms referred to by the Government will be adopted rapidly so as to bring the national legislation into full conformity with the Convention. The Committee requests the Government to keep it informed in its next report on any progress achieved in this respect.

Finally, the Committee notes the observations made by the International Trade Union Confederation (ITUC) on 28 August 2007 concerning: matters already raised by the Committee, as well as the restrictions on the freedom of association of state officials engaged in positions of responsibility and persons who have lost the status of worker; the obstruction by the police of a meeting convened by the Central African Customs Union (SYNDOUCAF); and the restrictions placed by employers on trade union meetings. The Committee requests the Government to provide its reply to the observations of the ITUC.