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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Central African Republic (Ratification: 2006)

The Committee notes the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Convention on the basis of the supplementary information received from the Government in August and October 2020.

Articles 1 and 2 of the Convention. Representative organizations. Consultation procedures. In its previous comments, the Committee requested the Government to provide information on the progress made in establishing procedures that ensure effective tripartite consultations and on the adoption of the ministerial order establishing a tripartite national commission on international labour standards. In its report, the Government reiterates its intention to establish a tripartite national commission on international labour standards. It reports that several military-political crises faced by the country have destabilized and undermined labour relations in the public, semi-public and private sectors. The Government adds that, following the return to constitutional government in 2016, and with ILO assistance, reforms focusing on trade union representativeness have been initiated with a view to organizing social elections. The Government informs the Committee that there are 18 workers’ organizations, the most representative of which are the Central African Confederation of Trade Unions (USTC), the Central African Workers’ Trade Union Confederation (CSTC) and the National Confederation of Central African Workers (CNTC), and two employers’ organizations. The Committee requests the Government to indicate the criteria established for determining representativeness. The Committee requests the Government to continue providing information on any progress made in establishing procedures that ensure effective tripartite consultations on international labour standards. In addition, the Committee requests the Government to send information on the adoption of the ministerial order establishing a tripartite national commission on international labour standards and to provide the Office with a copy of the order once it has been adopted. The Committee requests the Government to clarify whether the Economic and Social Council is a tripartite body, and if it is, to provide information on its composition and functions.

Article 5(1). Effective tripartite consultations. The Government reports that, pending the establishment of the tripartite national commission, good tripartite consultation practices have been instituted. The Government refers in particular to the formation of ad hoc national tripartite committees for the preparatory work for the International Labour Conference (ILC) each year. With regard to the re-examination of unratified Conventions and the Recommendations to which effect has not yet been given, the Government reports that when an instrument has been adopted by the ILC and sent to the member States, the standards service of the Ministry of Labour of the Central African Republic refers it to the most representative workers’ and employers’ organizations and asks for their opinion on the ratification of the instrument. When their opinions have been received, the service compiles them and sends an explanatory document to the Ministry of Labour, which in turn forwards it to the Council of Ministers for decision. If the Council of Ministers so decides, a draft bill for ratification is presented to the Economic and Social Council for opinion before being forwarded to the National Assembly for adoption. The Committee requests the Government to continue sending information on the ad-hoc tripartite consultations held on the various subjects set forth in Article 5(1) of the Convention and hopes that the Tripartite National Commission will be established in the near future to ensure effective and regular tripartite consultations on all the matters relating to international labour standards covered by the Convention, including on questionnaires concerning items on the agenda of the ILC (Article 5(1)(a)), the proposals to be made in connection with the submission of the instruments adopted by the ILC to the National Assembly (Article 5(1)(b)), the re-examination, at appropriate intervals, of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), reports to be made on the application of ratified Conventions (Article 5(1)(d)), and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

COVID-19 pandemic. The Committee notes that, as a result of the COVID-19 pandemic, the holding of tripartite consultations on international labour standards may have been hindered. In this regard, the Committee recalls the guidance provided in international labour standards and encourages the Government to use tripartite consultations and social dialogue as a solid foundation for the formulation and implementation of effective responses to the deep-rooted socio-economic consequences of the pandemic. The Committee invites the Government to provide in its next report updated information on any measures adopted in this regard, in accordance with the guidance provided in Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including on the measures adopted to build the capacities of the tripartite constituents and to improve national tripartite procedures and mechanisms. It also requests the Government to provide information on the challenges encountered and good practices identified in relation to the application of the Convention, both during and after the pandemic.