Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

With reference to its previous comments and the comments made in the Committee on the Application of Standards of the International Labour Conference in June 1989, the Committee notes with interest that a direct contacts mission went to the Central African Republic from 8 to 12 October 1989 and that it met representatives of the Government, the workers and the employers in order to examine questions of fact and of law respecting the application of the Convention.

The Committee notes the information gathered by the mission and the report written by the Government concerning the application of this Convention.

The Committee recalls that its comments concerned the following points:

- the general suspension since September 1981 of all trade union activities, which is known as the "trade union truce";

- the dissolution by administrative authority, on 16 May 1981, of the General Union of Central African workers (UGTC);

- the fate of the property of the UGTC, both real estate and liquid assets;

- the reasons why the Bangui Court, which has been seized with the question of the disposal of the UGTC property since 1982, has not yet given a decision;

- the right of Central African workers to carry on freely their activities of furthering and defending their economic and social interests through the central trade union organisations of their own choosing;

- the reasons for which the by-laws of two central trade union organisations, the Central African Confederation of Free Unions (CCSL) and the Central African Workers' Federation (FCT), which were deposited in 1981, have not yet been approved by the authorities.

- the incompatibility with the requirements of the Convention of section 4 of Act No. 88/009 of 19 May 1988, which refers to the single trade union system, and the requirement that persons be employed in an occupation in order to be members of a trade union or to stand for trade union office.

1. Trade union truce

The Committee notes with interest, from the information gathered during the mission, in October 1989, that the trade union truce was lifted by the Act of 19 May 1988 respecting freedom of association and protection of the right to organise. It notes that the government authorities stated that trade union activities had been maintained during the trade union truce and that workplace agreements had been signed between employers' and workers' delegates in the private sector. The Committee notes that the mission was able to examine some of these agreements.

The Committee also notes that the government authorities have indicated that the National Confederation of Central African Workers (CNTC) had received the approval of the authorities in May 1981 before the imposition of the trade union truce and that its Secretary-General had represented Central African workers at the International Labour Conference until June 1988. They explained that the CNTC did not represent Central African workers at the Conference in June 1989, since the Act of 19 May 1988 had been adopted and it was necessary to re-establish first-level trade unions. They also indicated that the CNTC desired to hold a congress in the near future in order to pronounce its voluntary self-dissolution in the spirit of solidarity with the workers.

The Committee notes that the mission was able to observe on the spot that first-level trade unions were actually in the process of re-establishing themselves, and that model rules for trade unions had been distributed in the month of May 1989 in the various sectors, both public and private, and that the general assemblies of trade unions had been held and were continuing to be held and that trade unions had deposited their rules with the Minister of the Interior, under the terms of section 7 of the 1961 Labour Code, as of August 1989. At the time that the mission was in the country, 24 first-level trade unions had deposited their rules.

Since then, trade union sources report that 35 first-level trade unions have obtained a registration receipt and that a trade union co-ordinating committee, which has been in operation since 5 January 1990 and is composed of representatives of the various trade unions, is responsible for organising trade union activities until the new trade union central organisation is set up in the coming months.

2. The question of the Central African Confederation of Free Unions (CCSL) and the Central African Workers' Federation (FCT)

The Committee notes that the information gathered during the mission confirmed that these two confederations, which, according to the allegations before the Committee on Freedom of Association (Case No. 1040), had been established at the Government's initiative, had been affected by the trade union truce of September 1981 and that they had not been approved by the authorities. Both the government authorities and workers' representatives stated that the executives of the above central organisations had been made up of persons who did not represent groups of first-level trade unions or federations and that in consequence these central organisations only consisted of theoretical groupings. Both also agreed that, since the lifting of the trade union truce, the officers of these central organisations have not made themselves known and that some of them have died. The workers' representatives that were met by the mission stated that at the present time the trade union movement wishes to re-establish itself from first-level trade unions.

3. The fate of UGTC property

The Committee notes from the information collected by the mission, that this question remains controversial. According to the Government authorities, the funds deposited in the accounts of the UGTC have been spent by officers of the trade union which had formally belonged to that confederation. A complaint has been lodged in the courts by the Government against the ex-trade union officers, but the courts have not yet given a decision. The workers' representatives met by the mission explained that when the UGTC was dissolved by administrative authority, the premises of the Labour Exchange were occupied by gendarmes without judicial authorisation. The gendarmes expelled the trade union employees who were there and then made a thorough search of the premises. Subsequently, police officers replaced the gendarmes in guarding the premises. Property such as typewriters, files, blackboards and archives were plundered or had disappeared, while the UGTC's account at the National Central African Deposit Bank (BNCD) was blocked. Furthermore, the mission noted that the Labour Exchange is now destroyed. The ex-Secretary-General of the UGTC indicated that trade unionists wished to preserve some of the property from destruction and that the ex-leaders of the UGTC wished to report how they had managed this property at the next trade union congress.

The Committee also notes, from the information gathered by the mission, that the President of the High Court of Bangui indicated that the order dissolving the UGTC on 16 May 1981 was issued by the then President of the Republic. As regards the distribution of the property of the dissolved trade union, according to the President of the Court, the authority to take a decision in this respect belongs to the congress of the delegates of first-level trade unions. In this case, since the dissolution of the UGTC was the result of a clear act of force, the President of the Court did not know the destination of the goods, property and bank assets which it owned, since the act of dissolution gave no information in this connection.

The Committee recalls, in this connection, that suspension by administrative authority of trade union organisations is a grave limitation of trade union rights, since it does not give them the right of defence, which can only be guaranteed by normal judicial procedure. It also emphasises that any searching of trade union premises should only be possible when a warrant has been issued for the purpose by the regular judicial authority when it is satisfied that there is good reason to presume that such a search will produce evidence for criminal proceedings under the ordinary law and provided the search is restricted to the purpose for which the warrant was issued. In the Committee's opinion, the public authorities should not therefore intervene abusively in trade union premises and the assets of dissolved trade unions should be distributed among the members of the dissolved organisation or transferred to the organisation which succeeds it, it being understood that this expression means the organisation which continues the aims for which the first organisation was set up and does so in the same spirit.

4. Bringing Act No. 88/009 of 19 May 1988 on freedom of association and protection of the right to organise into conformity with the requirements of the Convention

The Committee notes that a preliminary draft of a Bill, prepared by the ILO, was communicated by the mission to the Central African Government in order to bring the provisions of sections 1, 2 and 4 of the Act into conformity with Articles 2 and 3 of the Convention. This draft text amends the legal provisions respecting the requirement that persons belong to the occupation as employees in order to be members of a trade union and to stand for trade union office (sections 1 and 2 of the new Act).

It also amends the provisions respecting the single trade union system which are set out in the legislation (section 4 of the new Act).

The Committee notes that, during the direct contacts mission, the government authorities noted the suggestions put forward by the ILO and contained in the draft text. They indicated that they would examine the effect that should be given to it but they recalled that the Legislative Assembly had adopted a text which, in their opinion, does not impose a single trade union system. This text only provides that occupational trade unions, federations and confederations "may" and not "shall" group together in a single central trade union organisation. The Assembly had given its opinion and the people had been able to present their point of view on this subject.

Since then, the Government stated in a communication dated 17 February 1990, that the preliminary draft of the Bill provided by the mission has been transmitted to the competent authorities, which considered that Act No. 88/009 of 19 May 1988 is in conformity with Convention No. 87 and that no amendments were necessary to it. The Government also confirms, in its written communication, the establishment of several first-level trade unions, the approval of 39 internal rules and regulations and the effective exercise of trade union activities. It indicates, however, that to its knowledge no trade union co-ordinating committee has been approved officially.

The Committee, while noting these interesting developments as regards the effect given to this Convention in practice, recalls that by virtue of Articles 2, 5 and 6 of the Convention, workers' organisations have the right to establish federations and confederations without previous authorisation and that by virtue of Article 7, the acquisition of legal personality shall not be made subject to conditions of such a character as to restrict the application of the Convention.

The Committee therefore once again invites the Government to re-examine its position as regards the need to amend sections 1, 2 and 4 of the Act on freedom of association and protection of the right to organise of 1988 in order to guarantee all workers, without distinction whatsoever, the right to establish trade unions of their own choosing outside the single central trade union organisation referred to in the law, if they so wish. [The Government is asked to provide full particulars to the Conference at its 77th Session.]