Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

République centrafricaine

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1964)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 2006)

Previous comment on Convention No. 81 and Convention No. 150

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81)

Legislation.Noting that a draft revised Labour Code has already been drawn up and that it contains, in Chapter IX, new provisions concerning labour administration and inspection, the Committee requests the Government to provide information on any measures taken with a view to adopting the above draft and to transmit a copy of the new Labour Code, once it has been adopted.

Article 5(a) of Convention No. 81. Effective cooperation between the inspection services and judicial bodies. Further to its previous comment, the Committee notes that, according to section 380 of the draft revised Labour Code, labour inspection officers are responsible, concurrently with judiciary police officials, for reporting infringements to the regulatory provisions on working conditions and protection of workers in the performance of their occupation. The Committee once again requests the Government to provide: (a) information on any progress achieved in formalizing cooperation between the inspection services and the judicial bodies; and (b) statistics pertaining to the action taken on the reports submitted by the labour inspectorate to judicial bodies.

Article 6. Status and conditions of service of inspection staff. In response to the Committee’s previous comment, the Government indicates that it has renewed its commitment to continue its efforts to ensure the independence and impartiality of labour inspectors. In addition, the Committee notes that section 389(2) of the draft revised Labour Code envisages awarding inspectors monthly compensation, aimed at ensuring their independence and integrity and that, under section 400(3), labour inspectors and controllers should be governed by specific regulations issued by the Council of Ministers. In this regard, the Government states that specific regulations for labour inspectors were being drafted, but that the main difficulty lay in the various crises that had impacted the macro-economic situation of the country. While taking note of this situation, the Committee requests the Government to provide information on any measures taken with a view to the adoption of specific regulations for labour inspectors that ensure their job security and independence.

Article 7. Training of labour inspectors. In response to the Committee’s previous comment, the Government indicates that significant progress has been made towards strengthening the technical capacities of labour inspectors, with requests made to the Office, the International Training Centre of the ILO and the African Regional Labour Administration Centre (CRADAT). The Committee requests the Government to provide specific information on the training imparted to labour inspectors, including the duration and topics of such training, as well as the number of inspectors concerned.

Article 9. Association with experts and technicians. Further to its previous comment, the Committee notes that the provisions of section 401 of the draft revised Labour Code reproduce those of section 325 of the Labour Code, under the terms of which a decree must establish the conditions and the ways in which labour inspectors may seek support from experts. The Committee therefore once again requests the Government to provide information on any measures taken or envisaged with a view to the adoption of the above-mentioned decree and to provide a copy of it, if adopted.

Articles 13 and 17. Powers of injunction of inspectors and prompt legal proceedings or warnings. Further to its previous comment, the Committee notes that the provisions of section 366 of the draft revised Labour Code reproduce those of section 300 of the Labour Code, under the terms of which the Minister of Labour, together with the Minister of Public Health, shall adopt regulations concerning occupational safety and health and specify the conditions in which the labour inspector or occupational health specialist must issue notices to comply. The Committee therefore once again requests the Government to provide information on these regulations and to provide a copy of them, if adopted.

Article 19. Submission of reports of labour inspectors or local inspection offices to the central inspection authority. The Committee notes that in response to its previous comment, the Government indicates that under Decree No. 18.160 of 18 June 2018 on the organization and functioning of the Ministry of Labour, Employment, Vocational Training and Social Protection and determining the functions of the Ministry, the regional labour directorates fall under the central authority, which is responsible for examining the periodic reports that are established. The Committee once again requests the Government to provide information on the subjects covered by the periodic reports established by the local inspection offices and their frequency. The Committee also requests the Government to provide a copy of above-mentioned Decree No. 18.160.

Articles 20 and 21. Annual reports on the work of the inspection services. The Committee notes that, in response to its previous request, the Government indicates that under above-mentioned Decree No. 18.160, the central authority also examines the annual reports. The Committee notes, however, that none of these reports have been published or transmitted to the Office. The Committee once again requests the Government to step up its efforts to ensure that annual reports on labour inspection are published and regularly transmitted to the ILO within the periods established in the above-mentioned Articles and that they contain all the information required by Article 21 of the Convention.

Labour Administration Convention, 1978 (No. 150)

Article 3 of Convention No. 150. Activities in the field of national labour policy that may be regulated by having recourse to direct negotiations between the social partners. In response to the Committee’s previous comment, the Government indicates, in its report, that the trade unions may conclude collective agreements under the conditions set out by chapter 6 of Title III of the Labour Code. The Government adds that under sections 210 and 211 of the Labour Code, trade union organization and employer representatives concluded a certain number of collective agreements in enterprises of the banking sector, as well as in the area of insurance, and air or river transport. The Committee notes this information, which responds to its previous request.

Article 4. Structure and operation of the labour administration system. Further to its previous comment, the Committee notes the Government’s information that the labour administration system is governed by the provisions of Decree No. 18.160 of 21 June 2018 on the organization and functioning of the Ministry of Labour, Employment, Vocational Training and Social Protection and determining the functions of the Ministry. This Ministry is composed of the Cabinet, the General Directorate of Labour, the General Directorate of Employment and Vocational Training, and the General Directorate of Social Protection. In addition, two bodies are under the aegis of the said Ministry: the National Social Security Fund and the Central African Agency for Vocational Training and Employment (ACFPE), which actively participate in the implementation of public policy regarding labour, employment, vocational training and social protection. The Government indicates that there are seven decentralized regional labour departments and that in 2017, the Ministry, with the assistance of the Office, adopted a national strategy for development and modernization of labour administration, accompanied by a five-year action plan. At the end of 2022, the Ministry undertook to evaluate this strategy with a view to adapting it to the current context. The Committee requests the Government to provide more information on the functioning of the labour administration bodies at the regional and local levels, as well as on the measures taken to ensure that the tasks and responsibilities entrusted to these bodies are appropriately coordinated. It also requests the Government to provide the result of the evaluation of the implementation of the national strategy for development and modernization of labour administration and to indicate whether this strategy has been renewed.

Article 5. Tripartite consultation, cooperation and negotiation. Further to its previous comment, the Committee notes that, according to the Government’s information, there is a consultation, cooperation and negotiation body (the Tripartite Steering Committee on the social pact), and bodies for dialogue between the State and the unions and for dialogue between the State and employers (the joint consultation framework for business improvement). Further, the Committee notes that Decree No. 07.177 of 18 June 2007 sets forth the organization and functioning of the Standing National Labour Council and that under section 338 of the Labour Code, this tripartite body (the composition of which is also stipulated in the above-mentioned decree) issues views on questions concerning, in particular, labour, employment and vocational training, makes recommendations on legislation and regulations in these areas, and promotes social dialogue. The Committee notes this information, which responds to its previous request.

Article 6. Functions of the labour administration system. 1. Employment policy. In response to the Government’s previous comment, the Government indicates that the conclusions of the National Forum on decent work of 2011 have resulted in particular in the development of a framework document on the 2016 employment policy, with the heavy involvement of the social partners. In this regard, the Committee once again requests the Government to refer to its 2022 comment under the application of the Employment Policy Convention, 1964 (No. 122).

2. Studies, research and statistics. Further to its previous comment, the Committee notes that under above-mentioned Decree No. 18.160 of 21 June 2018, a department is in charge of the studies in each of the three general directorates: the Directorate of studies, technical cooperation and labour statistics of the General Directorate of Labour; the Directorate of studies, planning and statistics under the General Directorate of Employment and Vocational Training; and the Directorate of studies and planning under the General Directorate of Social Protection. The Committee requests the Government to provide further information on the activities of these three directorates in charge of studies, research and statistics, including a copy of the studies or research carried out and statistics collected.

3. Provision of technical advice. The Committee requests the Government to provide information on the technical views issued by the labour administration bodies in response to workers’ and employers’ demands, as well as their respective organizations.

Article 10. Status and conditions of service of the labour administration staff. 1. Status and remuneration of labour administration staff. In response to the Committee’s previous request, the Government indicates that recruitment of labour administration officials is governed by the provisions of Act No. 99.016 of 16 July 1999, amending and supplementing certain provisions of Ordinance No. 93.008, of 14 June 1993, issuing the General Regulations for the public service. The Committee requests the Government to provide information on the measures taken to ensure the adoption of regulations for labour administration officials, determining the conditions for their recruitment, remuneration and promotion, in order to protect these officials from any improper external influence and enable them to effectively perform their duties.

2. Training of labour administration staff. In response to the Committee’s previous comment, the Government indicates that training for officials is ensured either by the universities or by vocational training colleges and the International Training Centre of the ILO. The Committee requests the Government to continue to provide information on the training activities in which labour administration officials participate, specifying the duration and the training topics covered, as well as the number and categories of staff who participate.

3. Financial and material resources available to labour administration staff for the effective performance of their duties. The Committee notes that, according to the Government’s information, the Ministry of Labour does not have a sufficient budget to ensure an effective functioning of the labour administration system, but that the authorities continue to make efforts to this end. The Committee urges the Government to provide information on any measures taken or envisaged to ensure that sufficient financial and material resources are made available to labour administration officials and on any progress achieved in this regard.