Central African Republic - 2011

Population: 4,400,000
Capital: Bangui
The authorities lack of will and slowness to clear the salary backlog caused a breakdown in social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. , strikes and anti- union repression. Trade union rights remain severely restricted despite recent legal amendments.

reported violations - 2011

Documented violations - actual number of cases may be higher

Background

This country which acceded to independence fifty years ago is ranked 159th on the Human Development Index. Despite its large mining resources, approximately 70% of the population live below the poverty line. Access to essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
is severely limited and there are constant interruptions to the electricity supply. Armed gangs are rife in several regions. On 24 November, the town of Birao was attacked by rebels. The deterioration of the State is blatant, particularly outside the capital. In reality, it is self-defence forces that stand up to these armed gangs. In December, the United Nations Secretary General called on the authorities to put an end to the culture of impunity and corruption that is undermining the socio-economic development of the country. Presidential and parliamentary elections are due to be held at the beginning of 2011.

Trade union rights in law

The new Labour Code that was adopted in January 2009 brought some well-needed but inadequate improvements. Access to union office is still restricted, and foreigners who want to organise face residency requirements of at least two years. In addition, although the Labour Code provides some protection for unions against interference by employers, is does not cover measures aimed at placing unions under economic or other forms of control by the employer.

Trade unions and professional groupings of workers are held in equal standing, and both may negotiate collectively. A strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
may only be called in support of work-related demands, and the government reserves the right to requisition requisition To issue back-to-work orders. workers if deemed in the “general interest”. Furthermore, strikes are banned until all conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation
and arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation
procedures have been exhausted.

In practice

Ineffective labour inspection: Labour inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. is virtually non-existent owing to the lack of staff and resources. Travel costs are not reimbursed, as the government itself recognises. Inspections are therefore rare and no inspection reports have ever been made.

Violations

Two SOCATEL trade union delegates had their salary withheld: The salaries of two delegates of the Société centrafricaine des telecommunications (SOCATEL) were withheld for three months in retaliation for a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
over salary arrears. Agreement was reached in September. The trade union members were paid and also received a portion of the salary arrears.
Blockage in public service salary negotiations:

The authorities lack of will and slowness to clear the salary backlog and to pay civil servants a decent salary caused a breakdown in the trade union negotiations in this sector. Certain workers are owed 30 months’ pay. Furthermore, a civil servant’s salary is the legal minimum wage which has not increased in over 20 years. At the end of October, the head of State who has set his sights on re-election at the beginning of 2011, proposed to personally pay ten million US dollars to clear a small portion of the arrears.

Unfortunately at the beginning of November, frustrated, as they had received nothing, the civil servants went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was politicised with the opposition supporting the striking workers. At the end of the year, the trade union centres called repeatedly and without success for the release of 65 prisoners of conscience, detained during a banned protest meeting organised by the opposition. The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
continues.

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