Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Central African Republic (Ratification: 1960)

Article 2 of the Convention. In its previous comments, the Committee noted that the provisions of Act No. 09-004 of 29 January 2009 issuing the Labour Code did not apply to self-employed workers. Pointing out that all workers, with the possible exception only of members of the armed forces and the police, should have the right to establish and join organizations of their own choosing, the Committee requested the Government to ensure that the workers concerned are able to enjoy the right to organize, and to provide information on the matter. The Committee notes the Government’s statement that the exemptions set forth in section 2 of the Labour Code do not impair the right of independent workers to establish and join organizations of their own choosing. The Committee requests the Government to indicate the provisions of the law that protect the right of self-employed workers to establish and join organizations of their own choosing.

The Committee further observed that Title II, Chapter I, section I of the Labour Code (purposes and dissolution of trade unions) refers to the possibility of creating trade unions and trade union sections within enterprises. The Committee asked the Government to indicate whether workers may establish trade unions as well as trade union sections at enterprise level and, if so, under what provision of the law. The Committee notes the Government’s response that the trade union sections to which the Committee refers here are trade union sections within enterprises (section 18) and that these provisions do not amount to a ban on the establishment of trade unions at enterprise level. The Committee requests the Government to specify which provision of the law allows the establishment of trade unions at enterprise level.

Article 3. In its previous comments, the Committee noted that under section 24 of the new Labour Code, trade union officers must be of Central African nationality, but that any foreign member of a trade union who has resided in the Central African Republic for three years may assume an executive or administrative position within a trade union provided that his country grants the same rights to Central African nationals. The Committee expressed the view that the reciprocity requirement was excessive and should be removed. The Committee notes that, according to the Government, the reciprocity requirement serves to ensure that Central African nationals working in other countries have access to the same rights. The Committee reiterates its view that the legislation should be made more flexible so as to permit organizations to elect their leaders freely and without hindrance and to allow foreign workers access to trade union posts, at least after a reasonable period of residence in the host country. The Committee again requests the Government to indicate in its next report the measures taken or envisaged to amend section 24 of the Labour Code along these lines.