Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2014.

The Committee notes the Government’s reply to the observations of the International Trade Union Confederation (ITUC) concerning the dismissal of the general secretary of the teachers’ association in 2008. According to the Government, this measure was not connected to the general secretary’s trade union activities, and his rights were subsequently restored.

Articles 2, 3, 5 and 6 of the Convention. Legislative matters. The Committee recalls that since 2009 its comments have concerned the need to amend certain legislative provisions to bring them into line with the Convention:

• -section 17 of the Labour Code, which limits the right of foreigners to join trade unions by imposing conditions of residence (two years) and reciprocity;
• -section 24 of the Labour Code, which limits the right of foreigners to be elected to trade union office by imposing a condition of reciprocity;
• -section 25 of the Labour Code, which renders non-eligible for trade union office persons sentenced to imprisonment, persons with a criminal record or persons deprived of their right of eligibility as a result of the application of national law, even where the nature of the relevant offence is not prejudicial to the integrity required for trade union office;
• -section 26 of the Labour Code, under which the union affiliation of minors under 16 years of age may be opposed by parents or guardians despite the minimum age for admission to employment being 14 years under section 259 of the Labour Code; and
• -section 49(3) of the Labour Code, under which no central organization may be established without the prior existence of “occupational federations” and “regional unions” (section 49(1) and (2)).

The Committee notes the report submitted in June 2014, in which the Government indicates that the requested amendments to sections 17, 25, 26 and 49(3) of the Labour Code are the subject of an implementing decree which is in the process of being adopted. The successive political crises affecting the country have prevented the adoption of this decree to date. The Committee hopes that the Government will take all necessary steps in this regard and will be in a position to announce the adoption of the implementing decree in question, and also the amendment of section 24 of the Labour Code and Order No. 81/028, which are the subject of specific comments in a direct request.

The Committee is raising other matters in a request addressed directly to the Government.