2010 Annual Survey of violations of trade union rights – Central African Republic

Population: 4,400,000
Capital: Bangui
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

The demands of workers and their representatives are usually ignored or rejected, as social dialogue is not a priority for the government. An education workers’ union continued to be denied recognition. Serious restrictions apply despite recent legal amendments.

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 may only be called in support of work-related demands, and the government reserves the right to requisition workers if deemed in the “general interest”. Furthermore, strikes are banned until all conciliation and arbitration procedures have been exhausted.

Trade union rights in practice and violations in 2009

Background: The continued fighting, population displacements and a fall in mining revenue led to deteriorating living conditions. In August, UNICEF estimated that nearly 700,000 children were suffering from malnutrition and at risk of dying.

Ineffective labour inspection: Labour inspection 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.

Government contempt for unions: The trade unions have often complained of persecution and of the contempt they are treated with. On 12 January, members of the taxi drivers’ union affiliated to the National Workers Union of Central Africa (USTC) were harassed and threatened by the authorities during a well-supported strike.

No recognition for education union: In August, Thierry Zouma, general secretary of the National Autonomous Union of Higher Education Teachers (SYNAES), once again called for the recognition of his organisation. Following a long general strike in 2008, the union leader was dismissed from his job.

source: http://www.unhcr.org/refworld/country,,,ANNUALREPORT,CAF,456d621e2,4c4fec8721,0.html

2009 Annual Survey of violations of trade union rights – Central African Republic

Population: 4,400,000
Capital: Bangui
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182

Trade union demands are never respected and when “social dialogue” does actually take place, usually prompted by a strike, it leads nowhere. A teachers’ union leader was sacked.

Trade union rights in law

Limits on freedom of association: Freedom of association is guaranteed by the Constitution. The Labour Code allows almost all workers to join trade unions, without prior authorisation. However, state employees in high-level posts are not allowed to join a union. A person who has lost the status of worker, either because s/he is unemployed or has retired, cannot in principle belong to a trade union or take part in its leadership or administration. Trade union officers must belong to the occupation their union represents.

Collective bargaining and union protection: The Labour Code does not specifically recognise the right to bargain collectively, but does protect workers from employer interference in the administration of a union.

Complicated strike procedures: The right to strike is recognised in both the public and private sectors, but is curtailed by complicated procedures. In the event of a dispute, there has to be conciliation between labour and management. If conciliation does not work, an arbitration council must rule that the union and the employer failed to agree on valid demands, and only then may a strike be called. If a union calls a strike, only its members can join in the action. The government reserves the right to requisition workers if it is in the “general interest”. The Labour Code does not include sanctions against employers for acting against strikers.

Trade union rights in practice and violations in 2008

Background: The general strike led the government to resign. President Bozizé appointed Faustin Archange Toudéra as Prime Minister. Peace talks began in December, in this country weighed down by corruption, armed conflict in the north and rising poverty, between the government, the opposition and the rebel groups. The great majority of workers are in the informal economy, posing a tough challenge for trade union organisers.

Constant violations of social dialogue in the public sector and the dismissal of a leader during a general strike: A long public sector general strike began on 2 January, called by the six main national trade union centres to protest at the violation of the agreements reached in October 2007 following an earlier strike. It has been a recurring event in the Central African Republic for many years: government promises are never respected, while threats of repression are frequently carried out.

Thierry Zouma, General Secretary of the Teachers’ Association, was removed from his post. The civil servants were demanding the unfreezing of their salaries and the payment of arrears (four months since 2007 and 40 months for preceding periods). The strike was suspended on 23 February as a goodwill gesture after further promises. At the end of the year, disappointed by the government’s lack of will to meet their demands, the trade unions threatened to resume their strike at the beginning of 2009, protesting, furthermore, at the persecution of their members.

source: http://www.unhcr.org/refworld/country,COI,ITUC,ANNUALREPORT,CAF,456d621e2,4c52caf9c,0.html