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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Central African Republic (Ratification: 1964)

The Committee notes with regret that the Government’s report contains no information in reply to the points raised in its previous comments. It is therefore bound to once again draw the Government’s attention to the following issues relating to Articles 2, 4 and 6 of the Convention:

• -Section 30(2) of the Labour Code (insufficient protection against all the acts of interference envisaged in Article 2 and absence of penalties): The Committee requests the Government to provide information on any progress achieved in respect of the previously announced adoption of regulations to extend the protection afforded against acts of interference and to impose penalties.
• -Sections 197 and 198 of the Labour Code (possibility for professional groups of workers to engage in collective bargaining on an equal footing with trade unions): Recalling that Article 4 promotes collective bargaining between employers and trade union organizations, the Committee requests the Government to provide information on the measures envisaged to ensure that professional groupings may negotiate collective agreements only where no trade union exists.
• -Section 40 of the Labour Code (collective agreements must be discussed by employers’ and workers’ organizations representatives belonging to the occupation concerned): The Committee requests the Government to indicate the provision granting federations and confederations the right to engage in collective bargaining.
• -Section 211 of the Labour Code (right to collective bargaining in the public service limited to “public services, enterprises and establishments not governed by specific conditions of service”): Recalling that the Convention applies to all public servants not engaged in the administration of the State (Articles 4 and 6), the Committee requests the Government to provide clarification on the scope of application of section 211.

Furthermore, the Committee had previously requested the Government to provide its observations in reply to the earlier comments submitted by the International Trade Union Confederation (ITUC), according to which, in the public sector, wages are fixed by the Government after consulting the trade unions, but without any negotiation. The Committee noted that, according to the Government, measures relating to the implementing texts of the Labour Code, particularly on the question of wages, were being adopted. Recalling that public sector wages of employees covered by the Convention should be a matter for negotiation, the Committee requests the Government to provide its observations in this regard and to supply copies of the implementing texts of the Labour Code concerning wages, once adopted.

Lastly, the Committee notes the ITUC comments dated 16 September 2013 concerning compulsory arbitration and other matters already being raised by the Committee. In this regard, the Committee observes that sections 367–370 of the Labour Code appear to establish a procedure in which all collective disputes are subject to conciliation and, failing resolution, to arbitration. The Committee recalls that recourse to compulsory arbitration in all cases where the parties do not reach agreement through collective bargaining is only in conformity with the Convention in case of disputes in the public service involving public servants exercising authority in the name of the State or in essential services in the strict sense of the term. The Committee requests the Government to provide its observations on the matter raised by the ITUC and to consider amending the relevant provisions to ensure respect for the principle of free and voluntary negotiation contained in Article 4 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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