Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 2 and 3 of the Convention. Pending legislative matters. The Committee notes with regret that the Government’s report does not contain any information in reply to the points raised in its previous comments. The Committee once again requests the Government to supply the requested information concerning the following legislative provisions:

• -Section 2 of the Labour Code (exclusion of self-employed workers from the Code): The Committee requests the Government to indicate the provisions in national law that guarantee the right of self-employed workers to establish and join organizations of their own choosing.
• -Section 18 of the Labour Code (possibility of creating “enterprise-level trade union sections” within professional trade unions but no provision concerning the establishment of enterprise-level trade unions): The Committee requests the Government to specify the provisions in national law that guarantee the right to establish trade unions at enterprise level.
• -Section 381 of the Labour Code (minimum service during a strike required for an excessive number of operations, including enterprises of “social utility” or of a “distinctive nature”; determination of the list of enterprises and conditions of minimum service by order of the Ministry of Labour after consultation of the National Labour Council): Recalling that any disagreement on minimum services should be resolved not by the government authorities but by a joint or independent body which has the confidence of the parties, the Committee requests the Government to take steps to ensure full observance of this principle and to provide a copy of the list of enterprises concerned.
• -Section 11 of Order No. 81/028 (excessive power of requisitioning during strikes, where required in the general interest): The Committee requests the Government to take the necessary measures to amend the above provision so as to limit the power of requisitioning to cases where the right to strike may be restricted or even prohibited, namely: in the public service for public servants exercising authority in the name of the State, in essential services in the strict sense of the term, or in an acute national crisis.