Central African Republic
In March 2013, the Seleka rebel alliance captured the capital ousting President François Bozizé. The country has subsequently descended into ethno-religious violence.
In February 2019, the government and fourteen armed groups signed a political agreement for peace and reconciliation and elections were to be held in December 2020. But hopes for the restoration of the democratic process were dashed by the attacks of the Coalition of Patriots for Change, a new rebel coalition, against major towns outside of the capital, Bangui.
In January 2021, President Faustin-Archange Touadera was re-elected, though only about one third of the electorate was able to cast their ballot due to threats posed by armed groups. The government struggles to maintain control of the capital, relying on peacekeepers and other international forces for support. The Central African Republic remains one of the world’s poorest countries. One Central African out of four is internally displaced or sought refuge abroad.
The ITUC affiliates in the Central African Republic are the Confédération Nationale des Travailleurs de Centrafrique (CNCT) and the Confédération Syndicale des Travailleurs de Centrafrique (CSTC).
Central African Republic ratified Convention No. 87 on Freedom of Association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
(1949) in 1964.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
Anti-Union discrimination
The law prohibits anti-union discrimination.
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to elect representatives and self-administer in full freedom
- Based on the 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 from forming or joining a union, or from holding a union office
- 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.
- 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.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law.
Barriers to the recognition of collective bargaining agents
- Possibility to by-pass representative trade unions and bargain directly with workers’ representatives
- Based on the 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
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 / or binding 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 procedure in the event of disputes during collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
, other than in 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
- Arbitation of disputes that have not been resolved through conciliation is provided by an arbitration council.
Right to strike
Right to strike
The right to strike is enshrined in the Constitution.
Barriers to lawful strike actions
- Compulsory recourse to 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 , or to long and complex 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 mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation procedures prior to 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 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
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 (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 EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s)
- The government reserves the right to requisition workers if it is in the "general interest".
In practice
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.
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.