Observation (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 the comments submitted on 30 August 2013 by the International Trade Union Confederation (ITUC) mostly concerning issues already being raised by the Committee. In its previous comments, the Committee had noted the comments made by the ITUC concerning continuous breaches in social dialogue and the dismissal of the General Secretary of the Association of Teachers during the general strike of January 2008. The Committee urges the Government to send its observations thereon.

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 recalls that it has requested the Government to take measures to amend the following provisions that are not in conformity with the Convention:

• -section 17 of the Labour Code – limitation of the right of foreigners to join organizations through conditions of minimum legal residence (two years) and reciprocity;
• -section 26 of the Labour Code – union affiliation of minors under 16 may be opposed by parents or guardians despite minimum age for admission to employment of 14 years;
• -section 25 of the Labour Code – non-eligibility for trade union office of persons convicted to a prison sentence, persons with a criminal record or persons deprived under a court decision of their right of eligibility, even where the nature of the relevant offence is not prejudicial to the integrity required for trade union office;
• -section 24 of the Labour Code – limitation of the right of foreigners to be elected to trade union office through condition of reciprocity;
• -section 49(3) of the Labour Code – no central organization may be established without first establishing “occupational federations” and “regional unions” (section 49(1) and (2)).

The Committee requests the Government to take the necessary measures to amend the above legislative provisions in the near future, in full consultation with the social partners, so as to bring the Labour Code and Order No. 81/028 into conformity with Articles 2, 3, 5 and 6 of the Convention.

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

The Committee is raising other points in a request addressed directly to the Government.