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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Gabon (RATIFICATION: 1961)

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The Committee notes the adoption of Act No. 022/2021 of 19 November 2021 on the Labour Code.

Articles 1, 2 and 3 of the Convention. Protection against acts of anti-union discrimination and interference. The Committee notes that Act No. 022/2021 of 19 November 2021 on the Labour Code contains several general provisions concerning the prohibition of acts of anti-union discrimination and interference (sections 9, 304 and 334). However, the Committee observes that the new Labour Code does not appear to include specific provisions on the penalties applicable in this regard. Recalling that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures to ensure their application in practice (see the 2012 General Survey on the fundamental Conventions, paragraphs 190 and 193), the Committee requests the Government to provide information on the application in practice of the aforementioned provisions of the Labour Code concerning acts of anti-union discrimination and interference, and on the applicable penalties.

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to continue its efforts to find solutions that would make it possible to determine the most representative organizations with a view to the renegotiation of sectoral collective agreements in 11 sectors of activity. The Committee notes the Government’s indication that Act No. 022/2021 on the Labour Code improved and strengthened the legal framework regarding the representativeness of employers’ and workers’ organizations (sections 316 and 317). The Committee notes in particular that, under section 316: (i) “any trade union with a membership of at least 25 per cent of enterprise employees for the purposes of enterprise-level bargaining shall be eligible to be representative as a first-level trade union”; (ii) “any federation with a membership of at least 30 per cent of workers in the sectors to which the federation belongs for the purpose of sectoral bargaining shall be eligible to be representative at the federal level”; and (iii) “any confederation with a membership of at least 40 per cent of workers in all the federations in a sector for the purposes of national or regional bargaining shall be eligible at the national level”. The Committee adds that other criteria, cumulatively, are taken into account in the determination of representativeness, as listed in section 317, including: the number of members; union dues; the independence of organizations from each other, and from the government and political parties; and the union membership rate. The Committee requests the Government to provide information on the application in practice of sections 316 and 317 for the purpose of determining the representativeness of trade union organizations, and regarding its impact on the renegotiation of the collective agreements in question. In order to ensure that the representativeness thresholds do not constitute an obstacle to the promotion of collective bargaining, the Committee requests the Government to take the necessary measures to address, in the legislation, the exercise of the right to collective bargaining in cases where no workers’ organization reaches the required representativeness thresholds.

Right of collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed, the sectors concerned and the number of workers covered.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to report any progress made in the renegotiation of sectoral collective agreements in 11 sectors of activity. The Committee notes the Government’s indication that it is making every effort to find solutions that will make it possible to determine the most representative organizations with a view to the renegotiation of the collective agreements that are currently in force but some of which are obsolete. The Committee recalls in this regard the importance of ensuring, so as to avoid any opportunity for partiality or abuse in case controversy should arise, objective, pre-established and precise criteria to determine the representative status of organizations for the purposes of collective bargaining (see General Survey on the fundamental Conventions, 2012, paragraph 228).While reminding the Government that it may avail itself of technical assistance from the Office should it wish to do so, the Committee expects that the Government will continue its efforts to ensure, on the basis of the abovementioned principles, the renegotiation of sectoral collective agreements through representative organizations. The Committee requests the Government to indicate any new developments in this regard. The Committee also requests the Government to provide comprehensive information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to report any progress made in the renegotiation of sectoral collective agreements in 11 sectors of activity. The Committee notes the Government’s indication that it is making every effort to find solutions that will make it possible to determine the most representative organizations with a view to the renegotiation of the collective agreements that are currently in force but some of which are obsolete. The Committee recalls in this regard the importance of ensuring, so as to avoid any opportunity for partiality or abuse in case controversy should arise, objective, pre-established and precise criteria to determine the representative status of organizations for the purposes of collective bargaining (see General Survey on the fundamental Conventions, 2012, paragraph 228). While reminding the Government that it may avail itself of technical assistance from the Office should it wish to do so, the Committee expects that the Government will continue its efforts to ensure, on the basis of the abovementioned principles, the renegotiation of sectoral collective agreements through representative organizations. The Committee requests the Government to indicate any new developments in this regard. The Committee also requests the Government to provide comprehensive information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

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Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee requested the Government to report any progress made in the renegotiation of sectoral collective agreements in 11 sectors of activity. The Committee notes the Government’s indication that it is making every effort to find solutions that will make it possible to determine the most representative organizations with a view to the renegotiation of the collective agreements that are currently in force but some of which are obsolete. The Committee recalls in this regard the importance of ensuring, so as to avoid any opportunity for partiality or abuse in case controversy should arise, objective, pre-established and precise criteria to determine the representative status of organizations for the purposes of collective bargaining (see General Survey on the fundamental Conventions, 2012, paragraph 228). While reminding the Government that it may avail itself of technical assistance from the Office should it wish to do so, the Committee expects that the Government will continue its efforts to ensure, on the basis of the abovementioned principles, the renegotiation of sectoral collective agreements through representative organizations. The Committee requests the Government to indicate any new developments in this regard. The Committee also requests the Government to provide comprehensive information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

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Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee noted the Government’s intention to promote the negotiation of collective agreements in 11 sectors of activity and requested it to report on any progress achieved in the renegotiation of these sectoral collective agreements. The Committee notes the Government’s indication in its latest report that, so far, none of the collective agreements have been renegotiated. It indicates that the agreements were concluded in an environment in which only one trade union confederation was operating and that currently it is impossible to initiate the renegotiation of the agreements without organizing beforehand occupational elections to establish representative organizations. Despite the assistance already provided by the Office, no solution has yet been found in this respect. The Committee trusts that the Government will continue its efforts to promote the voluntary negotiation of collective agreements by the social partners and requests it to indicate any developments in this respect.

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Observations received from trade unions. The Committee notes the Government’s reply concerning the comments dated August 2009 from the International Trade Union Confederation (ITUC) on anti-union discrimination measures against members of the Free Trade Union Confederation of Gabon (CGSL). The Committee notes in particular that the allegations have been examined by the Committee on Freedom of Association (Case No. 2521).

The Committee notes the communication dated 4 August 2011 from the ITUC concerning, in particular, the refusal to negotiate with certain trade union confederations in the education sector. The Committee also notes the communication dated 31 August 2011 from Education International (EI), which denounces the adoption of various regulatory instruments which, according to EI, have been making the exercise of union activities in the education sector more and more difficult since 2009. EI denounces, in particular, the obligation imposed on trade unions to supply the list of their members’ names pursuant to Order No. 00269/PM/MENESRSIPPG concerning the establishment, structure and operation of the joint administrative committee for the education, training and research sectors, which, according to EI, is used for identifying union officials and keeping them under surveillance. The Committee requests the Government to send its observations on the comments of the ITUC and EI.

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes the information supplied by the Government in its report concerning 11 sectors of activity covered by the collective agreements in force. The Government again states that the agreements in question must be renegotiated. The Committee further notes the records of the negotiations that took place with the National Convention of Education Sector Trade Unions (CONASYSED) in 2009 and 2011. The Committee recalls that, under the terms of Article 4 of the Convention, the authorities must take measures to promote collective bargaining. The Committee therefore requests the Government to provide information in its next report on any further developments regarding the renegotiation of sectoral collective agreements in force and also on any measures taken by the authorities to encourage and promote the voluntary negotiation of collective agreements by the social partners.

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The Committee notes the observations of 26 August 2009 by the International Trade Union Confederation (ITUC), reporting anti-union discrimination measures against members of the Gabonese Confederation of Trade Unions (CGSL), and requests the Government to send its comments on the ITUC’s observations.

Article 4 of the Convention. Promotion of collective bargaining. The Committee observes that the Government has not sent the information previously requested on the sectors of activities and the number of workers covered by collective agreements in force. It notes that, according to the Government, these agreements have been in force since 1984 and that the Government stands ready to accompany the social partners in new collective negotiations. It recalls that the information requested on the application of the Convention in practice allows an appreciation of the manner in which voluntary negotiation of collective agreements is promoted and developed in Gabon, as required by Article 4 of the Convention. Accordingly, the Committee again asks the Government to supply information on the collective agreements that have been signed and are in force, indicating in particular the sectors of activity covered and the number of workers concerned, and on any other measures taken to encourage and promote among the social partners the voluntary negotiation of collective agreements. The Government is also asked to indicate any new collective agreements undertaken with a view to renewing those in force since 1984.

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The Committee notes the Government’s report. It also notes the comments of the International Trade Union Confederation (ITUC) and the Government’s response thereto.

While taking note of the Government’s statements concerning measures to encourage collective bargaining, in particular the launch of joint negotiations on wages which have led to a wage increase in almost all sectors of activity, the Committee asks the Government to continue providing information, in its future reports, on the manner in which the voluntary negotiation of collective agreements is promoted and developed in Gabon. The Government is also requested to indicate the collective agreements concluded and the sectors and number of workers covered.

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The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, according to which trade unionists in both the public service and the private sector are frequently victims of discrimination and harassment, as well as dismissal. The Committee notes the Government’s declaration concerning in particular the agreement on a “social negotiated truce” that will expire in 2006 which provides that parties are involved in a follow up committee and that acts of interference and of anti-union discrimination are forbidden and are punished by legislation; some of the cases mentioned by the ICFTU have been agreed upon.

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The Committee notes the Government’s report. However, it observes that once again the report does not reply to the questions raised in the observations for 1998, 1999, 2000 and 2001 concerning the comments on anti-union discrimination and obstacles to collective bargaining submitted by the Confederation of Gabonese Free Trade Unions (CGSL) and the Free Federation of Energy, Mines and Allied Enterprises (FLEEMA). The Committee notes with regret that the Government has not followed up on the requests of the Committee for an inquiry.

The Committee notes that, according to FLEEMA and the CGSL, the management of COGEMAT systematically refuses to allow its staff to join unions and participate in union activities. The Committee also notes that, according to the CGSL, its members who are employed by the enterprises COGEMAT, SODIGAB-MBOLO and SNI have been subjected to pressure, and threats of dismissal or actual dismissal because of trade union activities. In view of the generic nature of the comments, the Committee will merely recall that Article 1 of the Convention provides that workers must be given adequate protection against all acts of anti-trade union discrimination both at the time of hiring and in the course of employment as well as in the event of dismissal. The Committee expresses the hope that the Government will take the necessary steps to ensure observance of this principle.

The Committee further notes that, according to the CGSL, the enterprise SODIGAB-MBOLO does not negotiate with the CGSL staff representative, preferring staff representatives whose duties are not the same as those of the union representative. The Committee recalls in this connection that direct negotiation between the enterprise and its staff from which representative organizations are excluded is not conducive to collective bargaining among employers and workers’ organizations within the meaning of Article 4 of the Convention. The Committee hopes that the Government will take the necessary measures to ensure that this principle is observed.

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The Committee notes the information contained in the Government’s report, including the information concerning the application of Article 4 of the Convention. However, it notes that the report does not reply to the requests made in its observations in 1998, 1999 and 2000 concerning the comments relating to acts of anti union discrimination and obstacles to collective bargaining made by the Confederation of Gabonese Free Trade Unions (CGSL) and the Free Federation of Energy, Mines and Allied Enterprises.

Recalling that in its previous observation it had specifically requested the Government to ensure that an investigation was undertaken in this regard and to inform it of the results, the Committee once again calls upon the Government to give effect to this request and to keep it informed of the outcome of the above investigation.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee regrets that the Government has not forwarded either its report or its comments concerning the communication by the Confederation of Gabonese Free Trade Unions (CGSL), dated 20 May 1998, and the communications of the Federation of Energy, Mines and Allied Enterprises dated 14 May and 9 November 1998. These communications refer to acts of anti-union discrimination in different enterprises and to obstacles to collective bargaining. The Committee requests the Government to send its comments in this regard and recalls that the Convention requires a guarantee of adequate protection against acts of anti-union discrimination, and provides for the promotion of collective bargaining.

More precisely, the Committee requests the Government to ensure an investigation is undertaken and to inform it of the results.

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

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[The Government is asked to report in detail in 2000.]

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The Committee notes the communication by the Confederation of Gabonese Free Trade Unions (CGSL), dated 20 May 1998, concerning the application of the Convention. The Committee requests the Government to provide its comments in this respect in its next report.

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The Committee notes the Government's report.

With reference to its previous comments, the Committee notes with satisfaction the adoption of the new Labour Code (Act No. 3/94 of 21 November 1994), the provisions of which guarantee workers protection against acts of anti-union discrimination at the time of recruitment and during employment (sections 5, 10 and 74 of the Code), and guarantee organizations of workers and employers protection against acts of interference in accordance with Articles 1 and 2 of the Convention, enforceable by measures of compensation (damages and interest) and penal sanctions (section 16).

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The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comment concerning the need to adopt legislative provisions in order to give full effect to Articles 1 and 2 of the Convention, the Committee notes from the information supplied by the Government that the work of revising Act 5/78 to issue the Labour Code are well under way. The Committee points out that, even if, as it emphasised in its previous observation, the provisions of the Common Agreement cover the gaps identified in the law with regard to Article 1 of the Convention (and, according to the previous comments made by the Employers' Confederation of Gabon, all the agreements signed since 1982 have included these provisions), legislative provisions accompanied by sufficiently effective and dissuasive sanctions need to be adopted in order to give workers adequate protection against acts of anti-union discrimination and workers' organizations protection against acts of interference by employers. The Committee trusts that the work of revising the Labour Code will be completed in the near future and requests the Government to supply information on the measures that have been taken in order to bring the legislation into greater conformity with Articles 1 and 2 of the Convention.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comment concerning the need to adopt legislative provisions in order to give full effect to Articles 1 and 2 of the Convention, the Committee notes from the information supplied by the Government that the work of revising Act 5/78 to issue the Labour Code are well under way. The Committee points out that, even if, as it emphasised in its previous observation, the provisions of the Common Agreement cover the gaps identified in the law with regard to Article 1 of the Convention (and, according to the previous comments made by the Employers' Confederation of Gabon, all the agreements signed since 1982 have included these provisions), legislative provisions accompanied by sufficiently effective and dissuasive sanctions need to be adopted in order to give workers adequate protection against acts of anti-union discrimination and workers' organizations protection against acts of interference by employers. The Committee trusts that the work of revising the Labour Code will be completed in the near future and requests the Government to supply information on the measures that have been taken in order to bring the legislation into greater conformity with Articles 1 and 2 of the Convention.
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With reference to its previous comment concerning the need to adopt legislative provisions in order to give full effect to Articles 1 and 2 of the Convention, the Committee notes from the information supplied by the Government that the work of revising Act 5/78 to issue the Labour Code are well under way.

The Committee points out that, even if, as it emphasised in its previous observation, the provisions of the Common Agreement cover the gaps identified in the law with regard to Article 1 of the Convention (and, according to the previous comments made by the Employers' Confederation of Gabon, all the agreements signed since 1982 have included these provisions), legislative provisions accompanied by sufficiently effective and dissuasive sanctions need to be adopted in order to give workers adequate protection against acts of anti-union discrimination and workers' organisations protection against acts of interference by employers.

The Committee trusts that the work of revising the Labour Code will be completed in the near future and requests the Government to supply information on the measures that have been taken in order to bring the legislation into greater conformity with Articles 1 and 2 of the Convention.
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The Committee takes note of the Government's report and of the comments submitted by the Employers' Confederation of Gabon (CPG) on the application of the Convention.

For a number of years, the comments of the Committee have addressed the following points:

- the need to supplement the legislation so as to guarantee the protection of the workers against acts of anti-union discrimination both at the time of taking up employment and in the course of employment;

- the need to adopt a provision in order to protect workers' organisations against acts of interference on the part of employers or their organisations.

In its previous observation, the Committee took due note that the provisions of the common agreement cover the gaps identified in the law with regard to Article 1 of the Convention.

In this connection, the Committee notes the CPG's statement that all the agreements signed since February 1983, which cover the vast majority of sectors of economic activity, have incorporated the provisions of the common agreement concerning the protection of workers againt acts of anti-union discrimination.

The Committee also notes once again the assurances provided by the Government that Articles 1 and 2 of the Convention are among the questions to be examined during the current revision of the Labour Code.

The Committee again expresses the hope that the legislation will be amended in order to extend the protection guaranteed by law against any act of anti-union discrimination to the period of recruitment and that of employment (Article 1 of the Convention) and to provide protection, including penal sanctions or civil remedies, for workers' organisations against any act of interference by employers (Article 2 of the Convention).

The Committee requests the Government to indicate in its next report the measures that have been taken to bring its legislation into greater conformity with the Convention.