Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Labour Administration Convention, 1978 (No. 150) - Central African Republic (Ratification: 2006)

The Committee notes with interest the Government’s first report covering the period from 1 June to 1 September 2008. It also notes the report on the activities of the General Directorate of Labour and Social Insurance (DGTPS) for 2008, of which it wishes to emphasize the quality, and hopes that future annual activity reports will be provided to the ILO with the Government’s report. With a view to assessing more effectively the effect given to the provisions of the Convention, it would be grateful if the Government would provide additional information in its next report on the following points.

Article 10 of the Convention. Financial, material and personnel resources of the system of labour administration. Financial and material resources. The Committee notes with concern that, according to the Government, three of the four divisions of the DGTPS do not have their own budget line and that there is a great shortage of material resources. The DGTPS’s report also emphasizes the material difficulties confronting the labour administration, such as the very cramped premises, the age of the installations, the inadequacy of the office equipment, the lack of computers and, in particular, the lack of availability of transport facilities for the general directorate and the regional structures of the labour inspectorate, which seriously prejudices their functioning and has a direct impact on their capacity to ensure the protection of workers in workplaces subject to their control. The Committee urges the Government to indicate in its next report the proportion of the national budget allocated to the system of labour administration and to take the necessary measures to reinforce the financial resources of the labour administration. With reference to its 2008 comments under the Labour Inspection Convention, 1947 (No. 81), the Committee wishes, once again, to draw the Government’s attention to the possibility of taking steps to seek, in the context of bilateral or international financial cooperation, the necessary resources to improve the operation of the labour administration structures and requests the Government to provide indications on any steps taken in relation to the Office and donor countries with a view to obtaining funding for this purpose and on the results achieved.

Status and conditions of service of the staff. With reference to its comments referred to above on the application of Convention No. 81, the Committee hopes that the draft conditions of service of labour inspectors and administrators will soon be adopted and that they will determine the conditions for recruitment and service, with particular reference to the conditions relating to remuneration and career progression, to enable the personnel assigned to the system of labour administration to discharge their functions effectively and independently of any improper external influences.

According to the information available to the Office, the Government is envisaging, in the context of the 2009 budget, to “unblock” the remuneration of labour administration officials and employees which, in the same way as those of all public officials and employees in the country, have been blocked since 1986 for economic reasons. The Government is requested to provide information on developments in the situation with regard to the remuneration of the personnel in the labour administration system and to provide a copy of any wage scale adopted during the period covered by the next report.

Staff training. The Committee notes that the technical memorandum of 2004 on the strengthening of labour administration recommended the reinforcement of the capacities of the personnel through the updating of their knowledge. It notes with interest that, according to the DGTPS report of 2008, the staff of the labour administration participated in training seminars, particularly in the context of ILO technical assistance projects, but also through CRADAT and the ILO’s Turin Centre. The report adds that activities were undertaken in 2008 to raise the awareness of staff concerning ethical issues and it indicates that the restoration of professionalism will be a priority for 2009. The Committee encourages the Government to continue its efforts to improve the competence of the staff engaged in the labour administration system and requests it to continue providing information on the training activities undertaken for this purpose and their impact.

Articles 4, 5 and 6. Organization and functions of the system of labour administration. Coordination of its activities and responsibilities. Tripartite consultations, cooperation and negotiations. The Committee notes that labour administration functions are carried out at the central level by the DGTPS, which includes four divisions (Studies and External Relations, Labour and Social Insurance, Employment and Vocational Training, Occupational Medicine), the activities of which are coordinated by the Labour Director. The Committee would be grateful if the Government would provide information on the regional and local structures of the labour administration and on the manner in which their functions and responsibilities are coordinated.

Employment policy. With reference to its 2008 comments on the application of the Employment Policy Convention, 1964 (No. 122), the Committee requests the Government to indicate the progress achieved in the formulation of a national employment policy and, where appropriate, its implementation, and to provide information on the establishment of the National Employment Forum, its composition and activities.

The Committee also requests the Government to indicate the bodies responsible for studying and keeping under review the situation of employed, unemployed and underemployed persons, taking into account national laws and regulations and national practice concerning conditions of work and working life and terms of employment, with a view to drawing attention to defects and abuses identified in this field and submitting proposals on means to overcome them. It would be grateful if it would indicate whether the compilation of statistics on unemployment and employment is envisaged, with the Office’s assistance, as the activity report of the DGTPS would appear to indicate.

Noting that this report refers to the formulation of two projects for studies, one on employment promotion for ethnic minority groups and the other concerning the promotion of employment for young girls in Bangui, the Committee would be grateful if the Government would keep the Office informed concerning the preparation of these studies and their findings.

Provision of technical advice to employers and workers. Please indicate the methods by which the labour administration responds to requests for technical advice from employers and workers and their respective organizations.

Tripartite consultation, cooperation and negotiation. According to the information contained in the DGTPS report for 2008, the Committee notes that since 2005 all of the members of the Cabinet of the Public Service and of the two general directorates of the Ministry of the Public Service, Labour, Social Security and Vocational Integration have benefited from awareness-raising activities on the subject of social dialogue. Noting that the creation of social dialogue focal points in ministerial departments is envisaged in 2009, the Committee requests the Government to provide information on their establishment and their activities in relation to national labour policy.

Noting the Government’s indications that the most representative trade unions are present in advisory committees, such as the Standing National Labour Council, the Committee requests the Government to provide information on the constitution of this Council and on its activities in practice, with an indication in particular of its composition, the procedures for holding meetings, its responsibilities and the issues that it has examined. It would be grateful if the Government would provide extracts from reports on its work, as well as any document indicating the action taken as a result of the consultations held in the Council and the views expressed.

The Government is requested to provide information on the responsibilities of the other advisory committees to which it refers in its report, and on any measures adopted at the national, regional or local levels, as well as at the sectoral level, with a view to securing, within the system of labour administration, consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers or, where appropriate, their respective representatives.

The Committee also requests the Government to indicate whether the social partners participate in the administration of the Central African Agency for Vocational Training and Employment and the National Social Security Fund.

Article 3 of the Convention. Activities regulated through direct negotiations between the social partners. The Committee requests the Government to indicate precisely the activities in the field of national labour policy which are regarded as being matters that are regulated through direct negotiations between employers’ and workers’ organizations. It would be grateful if it would provide copies, where appropriate, of one or more collective labour agreements.

Article 7(b). Extension of the functions of the system of labour administration. Noting the Government’s indications that the system of labour administration, in the context of subcontracting, also covers workers who are not, in law, employed persons, the Committee requests it to provide further information on the categories of workers concerned.

Part V of the report form. Labour administration and ILO technical assistance. With reference to its 2008 comments on the application of Convention No. 81 in relation to the recommendations of the 2004 technical memorandum, referred to above, the Committee notes that the Government has benefited from ILO technical assistance in the context, on the one hand, of the PAMODEC project and, on the other, the ILO/ADMITRA project for the modernization of the labour administration and inspection since 2008. The Committee would be grateful if the Government would provide detailed information on the action undertaken and the measures adopted or envisaged in the context of these projects, and on their impact.