Observation (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)

The Committee notes the general observations from the International Organisations of Employers (IOE) received on 1 September 2016.

The Committee notes that the Government indicates that a study is planned with a view to harmonizing the national legislation with international instruments and that its terms of reference are being prepared. It observes, however, that the Government’s report contains no reply to its previous comments.

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;
• – 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 noted the report submitted in June 2014, in which the Government indicated that the requested amendments to sections 17, 25, 26 and 49(3) of the Labour Code were the subject of an implementing decree which was in the process of being adopted.

The Committee requests the Government to supply information on all progress made in the adoption of the abovementioned implementing decree and hopes that the Government will take all necessary steps in the near future to align these legislative provisions with the Convention.

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