Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Central African Republic (Ratification: 1964)

Article 2 of the Convention. Inclusion of labour clauses in public contracts. The Committee notes the adoption of Act No. 08.017 of 6 June 2008 issuing the Public Contracts Act and Decree No. 08.335 of 20 September 2008 on the organization and functioning of the authority to regulate public procurement operations. However, it notes that this new Act, which is aimed at guaranteeing free access to public procurement orders, equality of treatment of tenderers, the economy and effectiveness of the procurement procedure and the transparency of procedures based on their rationalization, modernization and traceability, does not contain any provision on labour clauses which are to be included in public contracts, in accordance with this Article of the Convention. In this respect, the Committee considers it necessary to refer to its 2008 General Survey, which recalls that the essential objective of the Convention is to guarantee to workers employed by an entrepreneur and paid indirectly out of public funds, by placing appropriate labour clauses in public contracts, wages and working conditions that are not less favourable than those normally established for the same type of work, whether they are determined by collective agreement or otherwise. While noting that section 83 of Act No. 08.017 referred to above provides for the establishment of specifications determining the conditions for the execution of the contract, which will include general administrative clauses as well as specific administrative clauses, the Committee requests the Government to take any appropriate measures for the inclusion of provisions giving full effect to Article 2 of the Convention in the general administrative clauses of the specifications. The Committee hopes that, when adopting the decrees issued under the Public Contracts Act, the Government will not miss the opportunity to finally bring its legislation into conformity with the Convention, and it requests the Government to provide a copy of any new text as soon as it is adopted.