Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Gabon (Ratification: 1961)

The Committee notes the Government’s report. However, it observes that once again the report does not reply to the questions raised in the observations for 1998, 1999, 2000 and 2001 concerning the comments on anti-union discrimination and obstacles to collective bargaining submitted by the Confederation of Gabonese Free Trade Unions (CGSL) and the Free Federation of Energy, Mines and Allied Enterprises (FLEEMA). The Committee notes with regret that the Government has not followed up on the requests of the Committee for an inquiry.

The Committee notes that, according to FLEEMA and the CGSL, the management of COGEMAT systematically refuses to allow its staff to join unions and participate in union activities. The Committee also notes that, according to the CGSL, its members who are employed by the enterprises COGEMAT, SODIGAB-MBOLO and SNI have been subjected to pressure, and threats of dismissal or actual dismissal because of trade union activities. In view of the generic nature of the comments, the Committee will merely recall that Article 1 of the Convention provides that workers must be given adequate protection against all acts of anti-trade union discrimination both at the time of hiring and in the course of employment as well as in the event of dismissal. The Committee expresses the hope that the Government will take the necessary steps to ensure observance of this principle.

The Committee further notes that, according to the CGSL, the enterprise SODIGAB-MBOLO does not negotiate with the CGSL staff representative, preferring staff representatives whose duties are not the same as those of the union representative. The Committee recalls in this connection that direct negotiation between the enterprise and its staff from which representative organizations are excluded is not conducive to collective bargaining among employers and workers’ organizations within the meaning of Article 4 of the Convention. The Committee hopes that the Government will take the necessary measures to ensure that this principle is observed.