Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Revised Labour Code. The Committee notes the Government’s indication that a draft revised Labour Code has been submitted to Parliament for adoption. As this draft text has not been transmitted to the Office, the Committee is not able to examine the conformity of its provisions with the Convention. The Committee requests the Government to provide information on any developments concerning the draft revised Labour Code and to transmit a copy once it has been adopted.

Articles 2, 3, 5 and 6 of the Convention. Labour Code. In its previous comments, the Committee highlighted the need to amend the following provisions of the Labour Code:

• -section 17, which limits the right of foreign nationals to join trade unions by imposing conditions of residence (two years) and reciprocity;
• -section 24, which limits the right of foreign nationals to be elected to trade union office and executive functions by imposing a condition of reciprocity;
• -section 25, which renders non-eligible for trade union office persons sentenced to imprisonment, persons with a criminal record or persons deprived of their right of eligibility under national law, even where the nature of the relevant offence is not prejudicial to the integrity required for trade union office;
• -section 26, under which the union membership of minors under 16 years of age may be opposed by parents or guardians despite the minimum age for admission to employment being 14 years under section 259 of the Labour Code; and
• -section 49(3), under which no confederation may be established without the prior existence of occupational or regional federations.

The Committee notes the Government’s indication that the Committee’s requests have been taken into account within the tripartite revision process of the Labour Code, with the exception, it appears, of that relating to section 26. The Committee hopes that the revised version of the Labour Code, as adopted by Parliament, will ensure full conformity of all the provisions described above with the requirements under the Convention, and requests the Government to indicate all progress achieved in this regard.

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