Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the statement in the Government’s report received in September 2005 that application of the National Pact for Employment, concluded in June 2000, has not involved any mass lay-offs of foreign workers, the replacement of foreign workers by a process of "gabonization" being only one of many possibilities available to the public authorities for working towards full employment for Gabonese nationals. The Government also indicates that, in practice, employers and the public authorities often come to a compromise on this question.

2. The Committee notes the importance the Government attaches to full employment for its nationals. In the Committee’s view, measures to promote full employment should allow the Government to create conditions that are conducive to the generation of productive and lasting employment in conditions that are socially adequate for all concerned.

3. For many years the Committee has been commenting on the policy of "gabonization" of jobs and the need for its implementation to be consistent with the provisions of the Convention. The Committee noted that, according to Article 2, the Convention applies to all employed persons and Articles 8 and 9 applies to foreigners as well as nationals. The Committee stressed that, in order for implementation of the "gabonization" policy to be in conformity with the provisions of Article 4, there must be a valid reason for termination connected with the capacity or conduct of the worker or based on the operational requirements of the undertaking, establishment or service.

4. The Committee points out that in the absence of any other valid reason, the "gabonization" of jobs may not be relied on as a valid reason for termination within the meaning of the Convention. The Government is asked to include practical information in its next report on the application of the provisions of the Convention, in particular the number of appeals against termination filed by foreign workers and national workers, the outcome of such appeals, the nature of the remedies awarded and the average time taken for the appeals to be processed, and on the number of terminations, if any, connected to the implementation of the new employment policy (Part V of the report form).