ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Country comments > Texts of comments: Gabon

Comments adopted by the CEACR: Gabon

Adopted by the CEACR in 2021

C087 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 3 of the Convention. Negotiated minimum service. In its previous comments, the Committee asked the Government to report any new developments concerning the adoption of the draft revised version of the Labour Code and, if applicable, to specify in particular the provisions adopted relating to the procedures for determining the list of sectors in which it is compulsory to provide a minimum service, the arrangements for the negotiation of this minimum service and any independent body envisaged to settle disagreements in the event of collective disputes. The Committee also asked the Government to hold negotiations with the social partners with a view to determining the characteristics of a minimum service in the event of a strike in the education, training and research sector. As there has been no reply from the Government, the Committee reiterates its request and trusts that the Government will take all necessary steps without delay to provide the requested information. The Committee once again encourages the Government to continue consultations with the social partners with a view to reaching an agreement on the minimum services to be provided in the event of a strike in the education sector.

C087 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
In its previous comments, further to the observations of the International Trade Union Confederation (ITUC) relating to restrictions on the right to strike in the public sector on the repeatedly invoked grounds of ensuring public safety, the Committee asked the Government to provide information on the number of strikes called in the public sector as a whole, the individual sectors concerned and the number of strikes prohibited on the grounds of a possible disruption of public order. The Committee notes the Government’s indication that trade unions within a number of government departments, including customs, taxation, higher education, national education, health and social affairs, have availed themselves of their right to strike. Moreover, the Government indicates that the National Congress of Education Sector Unions (CONASYSED) held its latest strike at the Martine Oulabou Public School without being removed from the premises and without the right to strike being prohibited. While taking note of the information provided by the Government on examples of strikes called in the public sector, the Committee requests once again that the Government provide detailed information on the number of strikes that have been called in the public sector, and the number of strikes prohibited on the grounds of a possible disruption of public order.
Moreover, further to the observations previously received from Education International (EI), denouncing the adoption of various regulations which are making the exercise of union activities in the education sector increasingly difficult, the Committee asked the Government to indicate the measures taken in the education sector to ensure that trade unions have access to educational establishments so that they can perform their representative functions and defend their members’ interests. The Committee notes with regret that there has been no reply from the Government on this matter. The Committee reiterates its request and expects that the Government will take all necessary steps to provide the requested information.
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.

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to report any progress made in the renegotiation of sectoral collective agreements in 11 sectors of activity. The Committee notes the Government’s indication that it is making every effort to find solutions that will make it possible to determine the most representative organizations with a view to the renegotiation of the collective agreements that are currently in force but some of which are obsolete. The Committee recalls in this regard the importance of ensuring, so as to avoid any opportunity for partiality or abuse in case controversy should arise, objective, pre-established and precise criteria to determine the representative status of organizations for the purposes of collective bargaining (see General Survey on the fundamental Conventions, 2012, paragraph 228). While reminding the Government that it may avail itself of technical assistance from the Office should it wish to do so, the Committee expects that the Government will continue its efforts to ensure, on the basis of the abovementioned principles, the renegotiation of sectoral collective agreements through representative organizations. The Committee requests the Government to indicate any new developments in this regard. The Committee also requests the Government to provide comprehensive information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Effective tripartite consultations. Article 5(1) of the Convention. In its previous comments, the Committee requested the Government to provide its comments in respect of the observations made by the Trade Union Congress of Gabon (CSG), received in 2015, concerning the organization of occupational elections. The Committee further requested the Government to provide information concerning tripartite consultations carried out on all matters related to international labour standards as required under Article 5(1)(a)–(e) of the Convention, and to indicate the nature of any reports or recommendations issued. In its response, the Government indicates that it did not receive the observations of the CSG and is therefore not in a position to respond. Nevertheless, the Government states that the organization of occupational elections is regulated by the Labour Code (Law No. 3/94 of 21 November 1994). The Government adds that the new draft Labour Code elaborated by a tripartite committee under the auspices of the Ministry of Labour was presented to the Ministry on 6 July 2018, but that due to the failure of the workers to reach agreement on the participation of their representatives, consultations on the revised draft Labour Code were postponed. The Government reports that the Human Resources Development Convention, 1975 (No. 142), the Occupational Safety and Health Convention, 1981 (No. 155), the Home Work Convention, 1996 (No. 177), the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), the Private Employment Agencies Convention, 1997 (No. 181), the Safety and Health in Agriculture Convention, 2001 (No. 184), and the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), are still under consideration with the competent authorities. The Committee reiterates its request that the Government communicate updated information on the tripartite consultations held on all matters related to international labour standards covered by the Convention, including questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)) and the re-examination of unratified Conventions (Article 5(1)(c)). The Committee also requests the Government to provide information concerning the frequency of such consultations, as well as with regard to the nature and outcome of the consultations held.

C151 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations from the Trade Union Congress of Gabon received on 24 July 2015. The Committee requests the Government to provide its comments thereon.
The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Article 4 of the Convention. Protection of the right to organize. In its previous comments, the Committee noted that there were no specific provisions in the legislation which ensured protection for public employees against discrimination in their performance of trade union activities. The Committee notes the Government’s reply, in which it undertakes to provide information on the measures it may adopt to ensure protection for public employees against acts of anti-union discrimination. The Committee trusts that the Government will, in the near future, take the necessary measures, in consultation with the representative organizations concerned, to ensure that the legislation specifically sets out provisions that ensure adequate protection against discrimination due to the exercise of trade union activities, as well as rapid and impartial procedures and sufficiently dissuasive sanctions.
Article 5. Protection against acts of interference. The Committee also noted that Act No. 18/92 establishing conditions for the establishment and operation of trade unions for public employees contains no specific provisions prohibiting acts of interference by the public authorities in the internal affairs of trade unions, except for section 8 indicating that public employees enjoy the rights that are essential to the normal exercise of the right to organize. The Committee notes that, in its reply, the Government confirms the absence of provisions in this respect and undertakes to provide information on the measures it may adopt to ensure adequate protection against acts of interference by the authorities in trade union activities. The Committee trusts that the Government will take the necessary measures, in the near future, in consultation with the representative organizations concerned to ensure that the legislation specifically includes supplementary provisions that ensure adequate protection for trade union organizations against acts of interference by the public authorities in their training, operation and administration, including rapid and impartial procedures and sufficiently dissuasive sanctions.
Article 7. Procedure for determining terms and conditions of employment. The Committee notes the information provided by the Government in reply to its previous comments on the negotiations held by the public service advisory bodies, which have led to agreements. The Committee requests the Government to continue providing information illustrating the development of the collective bargaining with public employees’ organizations, as required by the Convention.
Finally, noting that the Government reiterates its intention of adopting a text to establish the composition and operation of the National Council for Social Dialogue, in accordance with the objectives set out in the National Social Dialogue Charter of 2012, the Committee requests the Government to provide information on any developments in this respect.

MLC, 2006 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
The Committee notes with deep regret that the Government has failed to submit its first report on the application of the Convention for the fourth consecutive year. As the requested report has not been received, the Committee examined the application of the Convention on the basis of publicly available information.
Article I. General questions on application. Implementing measures. The Committee notes that the provisions of the Convention are mainly implemented through Regulation No. 08/12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) issuing the Community Merchant Shipping Code of 22 July 2012 (hereinafter, CCMM), which is directly applicable to Gabon and is one of the documents that must be carried on board ships flying the Gabonese flag and foreign ships operating in Gabonese territorial waters. The Committee also notes that section 1 of the Labour Code does not exclude seafarers from its scope of application. The Committee notes the lack of available information on the implementation of several provisions of the Convention. It recalls that, in conformity with Article I of the Convention, each Member which ratifies it undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment. The Committee therefore requests the Government to adopt without delay the necessary measures to implement the Convention, taking into account the matters raised in the request addressed directly to the Government. It further requests the Government to provide a copy of any legislative texts or other regulatory instruments once adopted, as well as full information on the implementation of the Convention, including updated statistics on the number of seafarers who are nationals or residents of Gabon or who work on ships that fly the Gabonese flag. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.
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.

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments on the General Report of 2021 on this issue.
The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
The Committee notes that Gabon was not bound by any of the maritime labour conventions until its ratification of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the Government has not submitted a declaration of acceptance of the amendments to the Code of the Convention, approved in 2014 by the International Labour Conference, and is not therefore bound by these amendments. The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2016, entered into force for Gabon on 8 January 2019. The amendments of 2018 are deemed to be accepted and will enter into force for Gabon on 26 December 2020. Further to its initial examination of the available information and documents, the Committee draws the Government’s attention to the matters raised below and reserves the possibility to address other matters at a later stage, if necessary.
Article II, paragraphs 1(f) and (i), 2 and 4 of the Convention. Definitions and scope of application. Seafarers. Ships. The Committee notes that section 2(41) of Regulation 08-12-UEAC-088-CM-23 of the Central African Economic and Monetary Community (CEMAC) adopting the Community Merchant Shipping Code of 22 July 2012 (CCMM), defines “seafarers” and “mariners” (“marins”) as any maritime shipping professional and any other person whose occupational activity is performed at sea. It also notes that section 2(47) of the CCMM defines a “ship” as any vessel used to transport goods at sea. A “passenger ship” is any ship that transports more than 12 passengers. The Committee recalls that the Convention applies to all the seafarers and all the ships specified in Article II, paragraphs 1(f) and (i) of the Convention, other than those that are excluded under paragraphs 2 and 4. The Committee requests the Government to indicate whether categories of persons or ships have been exempted from the application of the Convention.
Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes the lack of legislative information available on the effect given to this provision of the Convention. In this regard, the Committee recalls that, in line with Standard A1.1, paragraph 4, the types of work likely to jeopardize the health or safety of seafarers shall be determined by national laws or regulations of by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee requests the Government to indicate the measures adopted to ensure that the employment of seafarers under the age of 18 is prohibited where the work is likely to jeopardize their health or safety, as required by Standard A1.1, paragraph 4. It also requests the Government to specify whether a list of such types of work exists and, if so, to indicate whether it was adopted after consultation with shipowners’ and seafarers’ organizations.
Regulation 1.2 and Standard A1.2, paragraphs 2, 4, 5 and 7. Medical certificate. Right of recourse. Duly qualified medical practitioner. Period of validity of the medical certificate. The Committee notes that section 404(3) of the CMM provides that “the competent authority, medical practitioners, examiners, shipowners, seafarers’ representatives and all other persons concerned with the conduct of medical examinations to certify as medically fit future and serving seafarers shall follow the ILO/WHO Guidelines for Conducting Pre-sea and Periodic Medical Fitness Examinations for Seafarers, including any subsequent versions, and any other applicable international guidelines published by the International Labour Organization (ILO), International Maritime Organization (IMO) or World Health Organization (WHO)”. However, this provision of the CMM does not specify the requirements or directives that have been established concerning the nature of the medical examination, the right of recourse or the requirements applicable to persons authorized to issue medical certificates and certificates concerning sight only, nor the period of validity of the medical certificate. The Committee requests the Government to indicate how effect is given to Standard A1.2, paragraphs 2, 4, 5 and 7 of the Convention.
Regulation 1.4 and the Code. Recruitment and placement. The Committee notes the lack of available information on the application of Regulation 1.4 and the Code. The Committee requests the Government to indicate whether private services for the recruitment and placement of seafarers operate in Gabon and to indicate the legal framework applicable to these services.
Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that section 431 of the CMM of the CEMAC allows each member State to choose the system governing hours of work and hours of rest. The Committee recalls that Standard A2.3, paragraph 2 requires each Member to fix either a maximum number of hours of work, which shall not be exceeded in a given period of time, or a minimum number of hours of rest, which shall be provided in a given period of time, within the limits set out in Standard A2.3, paragraph 5. The Committee requests the Government to specify the system selected regarding hours of work and hours of rest and to indicate all the applicable measures that give effect to Standard A2.3, paragraphs 2 and 5.
Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. The Committee notes the lack of information concerning the measures taken to prohibit the division of hours of rest into more than two periods, one of which shall be at least six hours in length, and to ensure that the interval between two consecutive periods of rest does not exceed 14 hours, as required by Standard A2.3, paragraph 6 of the Convention. The Committee requests the Government to provide information on the measures taken to give effect to these requirements of the Convention.
Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. The Committee observes that there is no legislative information concerning the requirements relating to the mitigation of the disturbance caused by the various types of exercise and the provision of compensatory rest for seafarers once a normal situation has been restored, in conformity with Standard A2.3, paragraph 14. The Committee recalls that, in conformity with Standard A2.3, paragraph 14, as soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure the application of Standard A2.3, paragraph 14.
Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest. Normal working hours standard. The Committee observes that there is no available legislative information concerning the normal hours of work that seafarers must perform and, accordingly, the measures that have been adopted for seafarers under the age of 18. The Committee requests the Government to indicate how it ensures that the normal hours of work of seafarers include one day of rest per week and rest on public holidays, as required by Standard A2.3, paragraph 3.
Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. The Committee notes that there do not appear to be any national provisions concerning the requirements for records of daily hours of work or rest to be maintained, in a standardized format, and for seafarers to receive a copy of the records pertaining to them, endorsed by the master, or a person authorized by the master, and by the seafarers, in conformity with Standard A2.3, paragraph 12. The Committee requests the Government to indicate the measures taken to give full effect to this requirement of the Convention.
Regulation 2.5, paragraph 2. Repatriation. Financial security. The Committee observes that there do not seem to be any legislative provisions giving effect to these provisions of the Convention. The Committee recalls that, in conformity with Regulation A2.5, paragraph 2, each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. The Committee requests the Government to indicate the measures taken or envisaged to give effect to this requirement of the Convention.
Regulation 2.7 and Standard A2.7, paragraph 3. Manning levels. Food and catering. The Committee notes that there is no information available about the legislation giving effect to this provision of the Convention. The Committee recalls that, in conformity with Standard A2.7, paragraph 3, the competent authority shall take into account all the requirements within Regulation 3.2 and Standard A3.2 concerning food and catering. The Committee requests the Government to indicate the measures taken or envisaged to give effect to Regulation 2.7, paragraph 3.
Regulation 3.2 and the Code. Food and catering. Provision of food free of charge. The Committee notes that section 437(1) of the CMM provides that ships flying the flag of each member State shall comply with the following minimum standards: (a) an adequate supply of food and drinking water, of nutritional value and of satisfactory quality and variety, taking into account the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the voyage; and (b) the organization and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in satisfactorily hygienic conditions. The Committee observes, however, that this provision does not specify whether shipowners are required to provide food free of charge to seafarers on board, in conformity with the requirements of Regulation 3.2, paragraph 1 and Standard A3.2, paragraph 2(a). The Committee requests the Government to indicate how effect is given to this requirement of the Convention.
Regulation 4.5 and the Code. Social security. The Committee notes that, at the time of ratification, and in conformity with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: old-age benefit, employment injury benefit, family benefit, invalidity benefit and survivors’ benefit. The Committee recalls that Standard A4.5, paragraph 3 provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. The Committee notes the lack of available information on the possible coverage by a social security scheme of seafarers ordinarily resident in the territory of Gabon, irrespective of their nationality or the flag of the ship on which they work. The Committee requests the Government to provide detailed explanations on all of the measures that give effect to Standard A4.5 and that guarantee seafarers ordinarily resident in Gabon the protection of the branches declared applicable.
Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that no information is available on the measures taken to give effect to these provisions of the Convention. The Committee requests the Government to provide information on all the regulations governing the inspection and certification of ships that fly the Gabonese flag, in conformity with Regulations 5.1.1, 5.1.3, 5.1.4 and 5.1.5, in order to ensure that the working and living conditions of the seafarers on ships that fly the flag of Gabon meet and continue to meet the Standards of the Convention.
Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee notes that section 212 of the CMM refers to Resolution No. A739(18) of the IMO and to Regulation 5.1.2 of the MLC, 2006, governing recognized organizations. The Committee requests the Government to indicate whether it has decided to authorize recognized organizations to carry out inspections or to issue certificates, or both. If so, the Committee requests the Government to provide information concerning the legislative or other texts governing this authorization and the list of recognized organizations that it has authorized to act on its behalf, indicating the functions they are authorized to perform.
Regulation 5.1.3 and Standard A5.1.3. Flag State responsibilities. Maritime labour certificate and declaration of maritime labour compliance. The Committee notes the lack of information on the measures giving effect to these provisions of the Convention. The Committee therefore requests the Government to specify the provisions giving effect to Regulation 5.1.3 and Standard A5.1.3. The Committee requests the Government to provide a copy of the maritime labour certificate and the declaration of maritime labour compliance, Part I and one or more copies of the declaration of maritime labour compliance, Part II drawn up by a shipowner and certified by your country upon the inspection of one or more ships.
Regulation 5.2 and the Code. Port State responsibilities. The Committee notes that Gabon adheres to the Memorandum of Understanding on Port State Control for the West and Central African Region (Abuja MoU). The statistical report of the Memorandum for 2019 states that two inspections were carried out by the maritime authorities of Gabon under this control mechanism. The Abuja MoU identifies the MLC, 2006, as one of the relevant instruments underpinning its Port State control mechanism. The Committee requests the Government to provide information on the number of complaints reported and resolved by the maritime authority (Regulation 5.2.2).
Regulation 5.2.1 and Standard A5.2.1, paragraph 8. Port State responsibilities. Inspections in port. Compensation in the event of a ship being unduly detained. The Committee requests the Government to indicate the provisions or legal principles pursuant to which compensation shall be paid for any loss or damage suffered if a ship is unduly detained or delayed, in conformity with Standard A5.2.1, paragraph 8.
Additional documents and information. The Committee requests the Government to provide the documents and information requested in the report form.
© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer