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

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

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.