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Articles 4 and 5 of the Convention. Protection of the right to organize and protection against acts of interference. For many years, the Committee has been pointing out that Act No. 18/92 establishing conditions for the establishment and operation of trade unions for public employees contains no specific provisions on protection against the discrimination of public employees in their performance of trade union activities, or provisions prohibiting acts of interference by the public authorities in the internal affairs of trade unions. The Committee notes with regret that the Government merely indicates that the review of Act No. 18/92 is one of the main resolutions of the Public Service Forum organized by the Government in January 2020 with all the social partners from the public sector. The Committee hopes that the legislative review process will begin in the near future, and that it will make it possible to ensure: (i) adequate protection against discrimination for carrying out union activities; and (ii) adequate protection for trade union organizations against acts of interference by the public authorities in their establishment, functioning or administration, including, in both cases, rapid and impartial procedures and sufficiently dissuasive penalties. The Committee requests the Government to provide information on any developments in this area.

Article 7. Procedure for determining terms and conditions of employment. In its previous comments, the Committee requested the Government to continue to provide information illustrating the development of the collective bargaining with public employees’ organizations, as envisaged by the Convention. The Committee notes the Government’s indication that, in the context of the ILO technical assistance mission in 2023, an action plan was drawn up to establish a body dedicated to social dialogue for this purpose. The Committee requests the Government to provide information on any developments in this respect.

The Committee notes with concern 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
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.
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.

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.

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.

The Committee notes the Government’s first report and the fact that effect is given to the provisions of the Convention by means of the following pieces of national legislation: the Constitution of the Republic of Gabon; Act No. 3/94 of 21 November 1994 establishing the Labour Code of the Republic of Gabon, as amended by Act No. 12/2000 of 12 October 2000 and by Ordinance No. 18/2010 of 25 February 2010; Act No. 1/2005 of 4 February 2005 establishing the General Public Service Regulations; Act No. 1/2005 of 8 August 2005 establishing the Public Service Code of Ethics; and Act No. 18/92 of 2 December 1992 establishing conditions for the constitution and operation of trade unions for state employees.

Article 4 of the Convention. Protection of the right to organize. The Committee notes the Government’s indication that acts of discrimination that infringe freedom of association are generally prohibited by Act No. 18/92 of 2 December 1992 establishing conditions for the constitution and operation of trade unions for state employees. The Government also adds that subject to section 43 of Act No. 1/2005 of 4 February 2005 establishing the General Public Service Regulations, which require public employees to show, inter alia, loyalty, obedience to superiors, neutrality and impartiality, reserve, probity and dignity, public employees may not be penalized or transferred for opinions expressed or decisions taken in the course of their duties. However, the Committee understands that there are no specific provisions in the above legislation ensuring protection against discrimination in the performance of trade union activities. The Committee requests the Government to indicate the provisions which ensure adequate protection against discrimination by reason of legitimate trade union activities, accompanied by effective, rapid and impartial procedures and penalties that constitute an effective deterrent.

Article 5. Protection against acts of interference. The Committee notes the Government’s indication that Act No. 18/92 ensures adequate protection for public employees’ organizations against any acts of interference by the public authorities in their establishment, functioning or administration. However, the Committee notes that there are no specific provisions in this Act prohibiting acts of interference by the public authorities in the internal affairs of trade unions, apart from section 8 indicating that employees of the State enjoy the rights that are essential to the normal exercise of the right to organize. The Committee requests the Government to take steps to incorporate additional provisions into the legislation to ensure adequate protection for trade union organizations against any acts of interference by the public authorities in their establishment, functioning or administration, especially acts which are designed to promote the establishment of public employees’ organizations under the domination of a public authority, or to support public employees’ organizations by financial or other means, with the object of placing such organizations under the control of a public authority, accompanied by effective, rapid and impartial procedures and penalties that constitute an effective deterrent.

Article 7. Procedure for determining conditions of employment. The Committee notes the Government’s indication that, by means of negotiations, the representatives of public employees take part in the determination of conditions of employment and work owing to the social dialogue which is effective within the public service advisory bodies, namely the national commission for the public service and the advisory bodies of each branch of the public service. The Committee requests the Government to provide information on the composition of these bodies, especially as regards the representation of trade unions. The Committee also requests the Government to supply information on the consultations and agreements concluded with trade unions in the public service during recent years.

Finally, the Committee notes the Government’s indication that the planned establishment of the National Council for Social Dialogue should have the effect of facilitating labour relations even further in both the public service and the private sector. The Committee requests the Government to send information on any further developments in this regard.

Labour Relations (Public Service) Convention, 1978 (No. 151) - Gabon (RATIFICATION: 2009)

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