Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Central African Republic (Ratification: 1964)

Article 2 of the Convention. Inclusion of labour clauses in public contracts. In its previous comments the Committee noted that Act No. 08.017 Code of 6 June 2008 issuing the Public Procurement Code contains specifications to determine the conditions under which the contract is implemented and which include general administrative clauses, as well as specific administrative clauses. The Committee requested the Government to take appropriate measures to ensure that provisions giving full effect to Article 2 of the Convention are included in the general administrative clauses set out in the specifications. The Committee expressed the hope that, when issuing implementing decrees under the Public Procurement Code, the Government would not fail to bring the legislation into conformity with the Convention. In its report, the Government recognizes the merits of labour clauses and indicates that general conditions of labour are at the heart of common concerns and should be reflected in labour clauses when drafting national legislation on public procurement. It reiterates, however, that despite the omissions observed, the labour inspection services, in conformity with the legal provisions in force, carry out monitoring missions to enterprise directors and contractors holding public contracts, to ensure that working conditions, remuneration, the safety and health of workers above all, and the verification of the clauses provided under the employment contracts, are fully respected. In this regard, the Committee refers the Government to paragraphs 41 to 45 and 110 to 113 of the 2008 General Survey on labour clauses in public contracts, in which the Committee stresses that the applicability of national labour law to work done in the execution of public contracts is not sufficient to ensure application of the Convention. The Government indicates, however, that legislative reform has been engaged with the promulgation of Act No. 19.007 of 24 June 2019, establishing a legal framework for public-private partnerships in the Central African Republic. The main purpose of the Act is to set out the fundamental principles related to the conclusion of public-private partnership contracts and to establish the legal regime for the conclusion, execution, terms, monitoring and termination of public-private partnerships. The Committee notes that the abovementioned law contains no provision for the insertion of labour clauses in public contracts, as required by Article 2(1) and (2) of the Convention. It also notes that the Government has not provided any information regarding measures taken or envisaged to give effect to the provisions of Article 2 of the Convention concerning the incorporation of labour clauses in the specifications of public contracts. The Committee draws the Government’s attention to the 2008 General Survey and to the practical guide on Convention No. 94, published by the Office in September 2008, which gives guidance and examples to follow when bringing the national legislation in line with the Convention. Noting once again that it has been commenting for several years that the Government has not given effect to the Convention, the Committee recalls that the inclusion of appropriate labour clauses in all public contracts covered by the Convention does not necessarily imply the enactment of new legislation, but may also be achieved by issuing administrative instructions or circulars. The Committee strongly expects the Government to take all necessary steps, without further ado, to bring the national legislation into full conformity with the basic requirements of the Convention. The Committee requests the Government to keep the Office informed of progress achieved and recalls once more that the Government may have recourse to ILO technical assistance in this regard, if it so wishes.