Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la consulta tripartita (normas internacionales del trabajo), 1976 (núm. 144) - República Centroafricana (Ratificación : 2006)

Articles 1 and 2 of the Convention. Representative organizations. Consultation procedures. Since 2009, the Committee has been requesting the Government to provide information on the implementation of procedures to ensure effective tripartite consultations, including through the announced establishment of a national tripartite commission on international labour standards. In its previous comment, the Committee also requested the Government to indicate the criteria established for determining representativeness. The Government indicates that the criteria for trade union representativeness are set out in sections 53 to 55 of Act No. 09.004 of 29 January 2009 on the Labour Code. The Committee notes that, pursuant to section 53 of the Labour Code, a trade union organization that has a “sufficient following” is considered representative. According to section 54 of the Labour Code, the following of a workers’ trade union is considered sufficient within an enterprise when, during the election of staff delegates, the trade union obtains at least 30 per cent of the votes, representing at least 15 per cent of registered voters. In a broader context, a workers’ trade union is considered to have a sufficient following when it is representative in one or several enterprises employing together at least 15 per cent of the employees in the sector of activity of the trade union and the geographical region that it covers. Section 55 of the Labour Code provides that the following of an employers’ organization is considered sufficient when the organization represents either 30 per cent of enterprises in its sector of activity or the geographical region covered, or of enterprises employing together at least 25 per cent of employees working in its sector of activity or the geographical region covered. The Government indicates that the number of trade unions in the Central African Republic is constantly increasing and that divisions within the organizations make it difficult to determine the most representative trade unions. The Government adds that it requested technical assistance from the Office to carry out a “diagnostic” study, which has been submitted and is due to be validated at a tripartite workshop. The Government expects that the validation of the study will lead to the election of representatives to join the future national tripartite commission. In this regard, the Committee refers to its 2000 General Survey on tripartite consultation (paragraph 34), in which it indicates that, if in a particular country, there are two or more organizations of employers or workers which represent a significant body of opinion, even though one of them may be larger than the others, they may all be considered to be “most representative organizations” for the purpose of the Convention. In this case, the Government should endeavour to secure an agreement of all the organizations concerned in establishing the consultative procedures provided for by the Convention, but if this is not possible, it is in the last resort for the Government to decide, in good faith in the light of the national circumstances, which organizations are to be considered as the most representative. Recalling its comments since 2009, the Committee urges the Government to make all necessary efforts, in cooperation with the social partners, to implement procedures to ensure effective tripartite consultations on international labour standards. In this regard, the Committee requests the Government to indicate any progress made in the tripartite validation of the above-mentioned diagnostic study carried out with the technical assistance of the Office. The Committee once again reiterates its request to the Government to send a copy of anydraft or final text of aministerial order establishing a tripartite national commission on international labour standards. The Committee also requests the Government to provide information on the process and outcome of any election of representatives of the social partners to join the aforementioned national tripartite commission. Lastly, the Committee notes the information on the tripartite steering committee and, in the absence of information in this regard, reiterates its request for the Governmentto clarify whether the Economic and Social Council is a tripartite body, and if it is, to provide information on its composition and functions.

Article 5. Effective tripartite consultations. The Committee notes that the Government’s report does not contain information on the tripartite consultations held during the period covered by the report on the matters set out in Article 5(1) of the Convention. The Committee reminds the Government that, in accordance with Article 5(2) of the Convention, tripartite consultation on these matters shall be undertaken at appropriate intervals fixed by agreement with the workers’ and employers’ representatives, but at least once a year. Pending the establishment of a national tripartite commission, the Committee urges the Government to ensure that periodic tripartite consultations are held on all the matters set out in Article 5(1) of the Convention, and to provide detailed information on the frequency, content and outcome of those consultations.

COVID-19 pandemic. The Committee notes the information provided in reply to its previous comment.