Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes that the Government's report has not been received.

The Committee once again requests the Government to keep it informed on the progress made in the procedure for the reimbursement of the property of the former General Union of Central African Workers (UGTC), which has become the Trade Union Federation of Central African Workers (USTC).

Furthermore, the Committee recalls that sections 1, 2 and 4 of Act No. 88/009 of 19 May 1988 (the requirement that a person who stands for trade union office has to be an employee in the same occupation, and the establishment of the single trade union system in the legislation) are not fully in accordance with the requirements of the Convention.

The Committee has been informed that receipts for registration as associations have been given to certain trade union organizations outside the trade union organization referred to in the law, and particularly to the Organization of Free Trade Unions in the Public Sector (OSLP) under Act No. 61.233 of 27 May 1961 respecting associations. The Committee notes that this Act does not provide for sufficient guarantees in the light of the Convention. Furthermore the Committee notes that section 14 of this Act explicitly provides that it does not apply to occupational trade unions. Furthermore, the Committee notes that the National Confederation of Central African Workers (CNTC) states that it received no response to its request for information, dated 22 May 1994, to the Government on the situation of the 13 trade union organizations which are affiliated to it and which, according to the CNTC, registered their statutes two years ago, but which have still not obtained a receipt of the registration of their statutes.

The Committee therefore requests the Government to reconsider its position on the amendment of the relevant sections of the Labour Code in order to ensure in law and in practice that all workers, without distinction whatsoever, have the right to establish trade unions of their own choosing outside the single trade union organization referred to by the law. It also requests it to make the excessive restrictions on the requirement of employment in the same occupation to stand for trade union office more flexible, in order to ensure that first level organizations can join the federations and confederations of their own choosing and that qualified persons, such as person employed by trade unions or retired persons, can exercise trade union office.

The Committee once again hopes that the Government will bring its legislation into full conformity with the Convention in the near future.