Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 2, 3, 5 and 6 of the Convention. Labour Code. In its previous comments, the Committee highlighted the need to amend the following legislative provisions:

• – section 17 of the Labour Code, which limits the right of foreign nationals to join trade unions by imposing conditions of residence (two years) and reciprocity;
• – section 24 of the Labour Code, which limits the right of foreign nationals to be elected to trade union office and executive functions 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 under 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 membership 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 confederation may be established without the prior existence of occupational or regional federations.

In its previous comments, the Committee also noted the Government’s earlier indication, in its report submitted in 2014, that the requested amendments to the Labour Code were the subject of an implementing decree which was in the process of being adopted. The Committee notes with regret the absence of any new information concerning this decree. The Committee notes the Government’s indication that sections 17, 24 and 26 of the Labour Code are based on the provisions of the Criminal Code and the Code of Criminal Procedure and that section 25 of the Labour Code is based, among others, on the provisions of the Criminal Code, the Code of Criminal Procedure and section 4 of Order No. 3899/IGT/LS of 9 December 1953 on the institution of staff delegates in French Equatorial Africa. The Government indicates that when the national employment and training policy document was adopted in the last quarter of 2016 with ILO support, the participants recommended a review of the Labour Code in which the provisions conflicting with the relevant principles in certain Conventions would be subject to a specific examination. The Committee hopes that the Government will continue, in consultation with the social partners, the efforts made to complete this review and specific examination of the Labour Code and requests it to indicate any progress made in this regard.

With respect to section 49(3) of the Labour Code, the Committee notes the Government’s explanation that the confederations are central organizations which can only result from the grouping of regional and occupational federations.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.