Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Central African Republic (RATIFICATION: 2006)

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The Committee notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Convention on the basis of the supplementary information received from the Government in August and October 2020.

Articles 1 and 2 of the Convention. Representative organizations. Consultation procedures. In its previous comments, the Committee requested the Government to provide information on the progress made in establishing procedures that ensure effective tripartite consultations and on the adoption of the ministerial order establishing a tripartite national commission on international labour standards. In its report, the Government reiterates its intention to establish a tripartite national commission on international labour standards. It reports that several military-political crises faced by the country have destabilized and undermined labour relations in the public, semi-public and private sectors. The Government adds that, following the return to constitutional government in 2016, and with ILO assistance, reforms focusing on trade union representativeness have been initiated with a view to organizing social elections. The Government informs the Committee that there are 18 workers’ organizations, the most representative of which are the Central African Confederation of Trade Unions (USTC), the Central African Workers’ Trade Union Confederation (CSTC) and the National Confederation of Central African Workers (CNTC), and two employers’ organizations. The Committee requests the Government to indicate the criteria established for determining representativeness. The Committee requests the Government to continue providing information on any progress made in establishing procedures that ensure effective tripartite consultations on international labour standards. In addition, the Committee requests the Government to send information on the adoption of the ministerial order establishing a tripartite national commission on international labour standards and to provide the Office with a copy of the order once it has been adopted. The Committee requests the Government to 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(1). Effective tripartite consultations. The Government reports that, pending the establishment of the tripartite national commission, good tripartite consultation practices have been instituted. The Government refers in particular to the formation of ad hoc national tripartite committees for the preparatory work for the International Labour Conference (ILC) each year. With regard to the re-examination of unratified Conventions and the Recommendations to which effect has not yet been given, the Government reports that when an instrument has been adopted by the ILC and sent to the member States, the standards service of the Ministry of Labour of the Central African Republic refers it to the most representative workers’ and employers’ organizations and asks for their opinion on the ratification of the instrument. When their opinions have been received, the service compiles them and sends an explanatory document to the Ministry of Labour, which in turn forwards it to the Council of Ministers for decision. If the Council of Ministers so decides, a draft bill for ratification is presented to the Economic and Social Council for opinion before being forwarded to the National Assembly for adoption. The Committee requests the Government to continue sending information on the ad-hoc tripartite consultations held on the various subjects set forth in Article 5(1) of the Convention and hopes that the Tripartite National Commission will be established in the near future to ensure effective and regular tripartite consultations on all the matters relating to international labour standards covered by the Convention, including on questionnaires concerning items on the agenda of the ILC (Article 5(1)(a)), the proposals to be made in connection with the submission of the instruments adopted by the ILC to the National Assembly (Article 5(1)(b)), the re-examination, at appropriate intervals, of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), reports to be made on the application of ratified Conventions (Article 5(1)(d)), and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

COVID-19 pandemic. The Committee notes that, as a result of the COVID-19 pandemic, the holding of tripartite consultations on international labour standards may have been hindered. In this regard, the Committee recalls the guidance provided in international labour standards and encourages the Government to use tripartite consultations and social dialogue as a solid foundation for the formulation and implementation of effective responses to the deep-rooted socio-economic consequences of the pandemic. The Committee invites the Government to provide in its next report updated information on any measures adopted in this regard, in accordance with the guidance provided in Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including on the measures adopted to build the capacities of the tripartite constituents and to improve national tripartite procedures and mechanisms. It also requests the Government to provide information on the challenges encountered and good practices identified in relation to the application of the Convention, both during and after the pandemic.

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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 2 of the Convention. Consultation procedures. The Government indicates in its report that there is no text providing for a consultation procedure between the Government and employers’ and workers’ organizations. The Committee notes that the Government reiterates its intention to establish, by ministerial order, a tripartite national commission on international labour standards, which will be responsible for dealing with all matters relating to international labour standards. This commission will also be responsible for the submission to the competent authorities, after consultation with the most representative organizations of employers and workers, of all the instruments adopted by the International Labour Conference. The Committee requests the Government to provide information on the progress achieved in relation to the establishment of procedures for the holding of effective tripartite consultations on international labour standards. The Committee also requests the Government to provide information on the adoption of the ministerial order establishing a tripartite national commission on international labour standards and to provide the Office with a copy of the order once it has been adopted.

Article 5(1). Effective tripartite consultations required by the Convention. The Government indicates that no consultations have been held on the matters set out in Article 5(1) of the Convention, and adds that these consultations will be carried out once the tripartite national commission on international labour standards is established. The Committee requests the Government to take the necessary measures without delay to ensure that effective tripartite consultations are held on all the matters relating to international labour standards covered by the Convention, including with regard to questionnaires on items on the agenda of the Conference (Article 5(1)(a)), the proposals to be made in connection with the submission of the instruments adopted by the Conference to the National Assembly (Article 5(1)(b)), the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), reports to be made on the application of ratified Conventions (Article 5(1)(d)) and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

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Article 2 of the Convention. Consultation procedures. The Government indicates in its report that there is no text providing for a consultation procedure between the Government and employers’ and workers’ organizations. The Committee notes that the Government reiterates its intention to establish, by ministerial order, a tripartite national commission on international labour standards, which will be responsible for dealing with all matters relating to international labour standards. This commission will also be responsible for the submission to the competent authorities, after consultation with the most representative organizations of employers and workers, of all the instruments adopted by the International Labour Conference. The Committee requests the Government to provide information on the progress achieved in relation to the establishment of procedures for the holding of effective tripartite consultations on international labour standards. The Committee also requests the Government to provide information on the adoption of the ministerial order establishing a tripartite national commission on international labour standards and to provide the Office with a copy of the order once it has been adopted.

Article 5(1). Effective tripartite consultations required by the Convention. The Government indicates that no consultations have been held on the matters set out in Article 5(1) of the Convention, and adds that these consultations will be carried out once the tripartite national commission on international labour standards is established. The Committee requests the Government to take the necessary measures without delay to ensure that effective tripartite consultations are held on all the matters relating to international labour standards covered by the Convention, including with regard to questionnaires on items on the agenda of the Conference (Article 5(1)(a)), the proposals to be made in connection with the submission of the instruments adopted by the Conference to the National Assembly (Article 5(1)(b)), the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), reports to be made on the application of ratified Conventions (Article 5(1)(d)) and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

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Tripartite consultations required by the Convention. The Committee notes the Government’s report received in June 2013 in reply to its direct request of 2011. The Government states that no procedure has been established for tripartite consultations. It also indicates that, where a Convention adopted by the International Labour Conference is transmitted to the Government in accordance with article 19 of the ILO Constitution, the employers’ and workers’ organizations are consulted with a view to seeking their opinions on ratification. The Committee is aware of the difficult situation facing the country as a result of the unrest of March 2013. The Committee invites the Government to ensure effective consultations on all matters related to international labour standards listed in Article 5(1) of the Convention. It also invites the Government to provide information on any possible developments arising from ILO assistance relating to international labour standards.

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Consultation procedures. Choice of representatives. The Committee notes the brief replies from the Government to the previous direct request, in a report received in June 2011. The Government indicates that, even though no procedure has been established as regards tripartite consultations, a tripartite national commission on international labour standards will soon be operational. The representatives of employers and workers to the various consultations or negotiations are always appointed by their respective organizations (Article 3 of the Convention). The Committee invites the Government to provide information in its next report on the progress made on establishing a tripartite national commission (Article 2). Pending the establishment of a tripartite national commission, the Committee requests the Government to ensure effective consultations on all the matters relating to international labour standards referred to in Article 5(1) of the Convention.

Tripartite consultations required by the Convention. In its observation concerning the obligation to submit to the National Assembly the instruments adopted by the Conference, the Committee noted with interest that on 10 October 2008 the National Assembly received the instruments adopted by the Conference at its sessions held between 1988 and 2007. The Committee requests the Government to send specific information on the tripartite consultations held during the next reporting period on questionnaires concerning items on the agenda of the Conference, the submission to the National Assembly of the Conventions and Recommendations adopted at the 99th and 100th Sessions of the Conference (2010–11) and concerning the preparation of reports on the application of ratified Conventions (Article 5(1)(a), (b) and (d)).

Article 4(1) and (2) of the Convention. Administrative support. Financing of training. The Government indicates that it is relaunching its programme of cooperation with the programme to promote the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC) with a view to the financing of necessary training for the social partners. The Committee invites the Government to indicate any new developments arising from PAMODEC assistance regarding the financing of necessary training for persons participating in the procedures required by the Convention.

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Articles 2 and 5, paragraph 1, of the Convention. Consultation procedures and tripartite consultations required by the Convention. The Committee notes the information supplied by the Government in the report received in September 2009 in reply to the 2008 direct request. The Government indicates that no procedure has been fixed for tripartite consultations but that it is planning to set up a tripartite national commission on international labour standards. This commission will be responsible for handling all issues relating to international labour standards and for submitting to the competent authorities, further to opinions from the most representative employers’ and workers’ organizations, all the instruments adopted by the International Labour Conference. The Government explains that no consultations were held on the matters set out in Article 5 and that these consultations will only be effective once the tripartite national commission on international labour standards has been established. The Committee hopes that the Government will be able to indicate in its next report that progress has been made with regard to actually establishing the tripartite national commission on international labour standards. It requests the Government to establish procedures, with the participation of the social partners, which ensure effective consultations on the matters relating to international labour standards set out in Article 5(1).

Article 3. Establishment of tripartite bodies. The Government indicates that the most representative occupational organizations themselves appoint their representatives to a tripartite advisory body, and that the three most representative occupational organizations have so far not held any elections. The Committee requests the Government to keep it informed of any progress made on the application of Article 3.

Article 4, paragraphs 1 and 2. Administrative support. Financing of training. The Government states that, for the moment, no arrangement has been made for the financing of any necessary training for the social partners. The Committee notes the activities to promote awareness of the fundamental Conventions and the training of supervisors established in the context of the programme to promote the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC). The Committee requests the Government to indicate in its next report any new developments with regard to suitable arrangements for the financing of any necessary training for persons participating in the procedures required by the Convention.

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Consultation procedures and tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention, received in June 2008. The Government indicates that no procedures have been established for tripartite consultations. The Committee refers to Article 2 of the Convention and invites the Government to establish, with the participation of the social partners, procedures which ensure the holding of effective consultations on the matters relating to the activities of the Organization set out in Article 5, paragraph 1. The Government is also requested to ensure that employers and workers are represented on an equal footing on bodies in which such consultations are held (Article 3, paragraph 2). The Government indicates in its report that when a Convention adopted by the International Labour Conference is transmitted to the Government in accordance with article 19 of the Constitution, employers’ and workers’ organizations are consulted to seek their opinion concerning ratification. The Committee refers to the observations that it has been making for many years on the failure to submit the instruments adopted by the Conference to the National Assembly and it hopes that the Government’s next report will contain relevant information on the prior tripartite consultations held on this subject (Article 5, paragraph 1(b)). The Committee also invites the Government to provide detailed information in its next report on the content and outcome of the tripartite consultations held on each of the other matters relating to international labour standards covered by Article 5, paragraph 1.

Administrative support. Financing of training. The Committee requests the Government to provide information in its next report on the manner in which it intends to assume responsibility for the administrative support of the consultation procedures covered by the Convention (Article 4, paragraph 1). The Committee hopes that the Government will report on the arrangements made, possibly with ILO assistance, for the financing of any necessary training of participants in consultation procedures (Article 4, paragraph 2).