Documented violations - actual number of cases may be higher
Central African Republic - 2012
Population:
4,400,000
Capital: Bangui
Capital: Bangui
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.
is insignificant, in a country where the state is incapable of paying its staff correctly and on time. The government, responding to the protests staged during the month of August, announced that it understood the workers’ legitimate demands but was not in a position to satisfy them. In November, three trade union representatives were arrested and maltreated.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
The country has been ravaged by decades of political and military upheaval. Fourteen armed rebel groups are thought to be active in the CAR. In January, President François Bozizé and his party, the Kwa Na Kwa (work, only work), were re-elected. The opposition denounced massive electoral fraud. In December, Doctors Without Borders alerted international public opinion to the humanitarian crisis underway, reporting very high mortality rates even in areas not affected by conflict or displacement.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
4,400,000
Capital: Bangui
Capital: Bangui
reported violations- 2012
Documented violations - actual number of cases may be higher
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.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
A new Labour Code was adopted in January 2009. The Labour Code governs the private sector as well as the staff of state companies, mixed economy companies and public offices.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
The new Labour Code adopted in January 2009 includes a certain amount of protection for trade unions against acts of interference by employers. However, that protection does not cover measures aimed at placing workers' organisations under economic or other forms of control by the employer.
Restrictions
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- Based on the new Code, adopted in January 2009, foreigners who join a trade union may take up administrative and leadership posts in the union after 3 years' residence in the country, providing that their own country grants the same right to nationals of the CAR.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Non-national or migrant workers
- Foreigners may only join a union after at least 2 years' residence in the CAR, and providing that their own countries' legislation provides the same rights to CAR nationals who live there.
- >Others categories
- Independent workers are excluded from the scope of the new Labour Code adopted in January 2009. Also, the following people may not belong to a union's leadership: those having been sentenced to prison, those with legal cases pending, and those denied their eligibility rights by a legal decision.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Possibility to by-pass representative trade unions and bargain directly with workers' representatives
- Based on the new Labour Code of January 2009, representatives of trade union organisations and professional groupings of workers are continuing to be treated in the same manner and may negotiate collectively.
Restrictions on the principle of free and voluntary bargaining:
- >Compulsory conciliation and / or binding arbitration procedure in the event of disputes during collective bargaining, other than in essential services
- Arbitation of disputes that have not been resolved through conciliation is provided by an arbitration council.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised by law but strictly regulated.
Un nouveau Code du travail a été adopté en janvier 2009.
Restrictions
Legal barriers to lawful strike actions:
- >Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- All strikes are banned until conciliation and arbitration procedures have been exhausted, or in the event of breach of a conciliation agreement or an arbitration ruling that has acquired executive force; the mandatory conciliation and arbitration procedure may take over one month.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)
- Strikes are only lawful if in support of work-related demands.
Limitations or ban on strikes in certain sectors:
- >Other limitations (e.g. in EPZs)
- The government reserves the right to requisition workers if it is in the "general interest".
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
4,400,000
Capital: Bangui
Capital: Bangui
reported violations - 2012
Documented violations - actual number of cases may be higher
In practice
Protests and government apathy: The capital was the scene of intense protests in August and September. University staff, secondary school substitute teachers and SOCATEL workers (telecommunications) took 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 action. A demonstration was also staged by retired police and soldiers, who held the Mediator of the Republic hostage for a number of hours. All of their demands were related to pay arrears. The government announced that it recognised the workers’ demands but was not in a position to satisfy them. The trade union movement expressed grave concern over the government’s passive attitude and the country’s socio-economic situation, with wages stagnating as the cost of living climbs higher and higher.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action. A demonstration was also staged by retired police and soldiers, who held the Mediator of the Republic hostage for a number of hours. All of their demands were related to pay arrears. The government announced that it recognised the workers’ demands but was not in a position to satisfy them. The trade union movement expressed grave concern over the government’s passive attitude and the country’s socio-economic situation, with wages stagnating as the cost of living climbs higher and higher.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
4,400,000
Capital: Bangui
Capital: Bangui
reported violations - 2012
Documented violations - actual number of cases may be higher
Violations
Three trade union leaders assaulted and arrested: Eight demonstrators, three of whom were trade union representatives, were assaulted and arrested by the police on 25 November, during a march in Bangui in solidarity with women in the Democratic Republic of Congo, as part of International Day for the Elimination of Violence against Women. Faustine-Theodora Grothe, general secretary of the Confédération nationale des travailleurs centrafricains (CNTC) was released by the end of the day thanks to the intervention of the International Labour Organisation office in Yaoundé. The seven other demonstrators were only released two to three days later, after being subjected to physical maltreatment. On the eve of the march, Faustine-Theodora Grothe had denounced the human rights violations in the subregion. At the end of December, the head of the police force tried to justify its action, claiming that it had not received the mail announcing the demonstration in time.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
4,400,000
Capital: Bangui
Capital: Bangui
reported violations - 2012
Documented violations - actual number of cases may be higher