Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes with regret that the Government’s report contains no specific information in reply to the points raised in its previous comments. The Committee once again draws the Government’s attention to the following issues relating to Articles 2 and 3 of the Convention.

• – Section 2 of the Labour Code (exclusion of self-employed workers from the Labour Code): The Committee requests the Government to indicate the provisions in national legislation that guarantee the right of self-employed workers to establish and join organizations of their own choosing.
• – Section 18 of the Labour Code – possibility of creating “enterprise-level trade union sections” within professional trade unions but no provision concerning the establishment of enterprise-level trade unions: The Committee requests the Government to specify the provisions in national law that guarantee the right to establish trade unions at enterprise level.
• – Section 381 of the Labour Code – minimum service during a strike is required for an excessive number of operations (enterprises of “social utility” or “distinctive nature”); determination of the list of enterprises and conditions of minimum service by order of the Minister of Labour after consultation of the National Labour Council: Recalling that any disagreement on minimum services should be resolved, not by the government authorities, but by a joint or independent body which has the confidence of the parties, the Committee requests the Government to take steps to ensure the respect of this principle and to provide a copy of the list of enterprises concerned.
• – Section 11 of Order No. 81/028 – excessive Government power of requisitioning during strikes (if required in the general interest): The Committee requests the Government to consider taking the necessary measures to amend the above provision so as to bring Order No. 81/028 into conformity with the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]