Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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. In its previous comment, the Committee noted the adoption of Act No. 08.017 of 6 June 2008 issuing the Public Procurement Code and Decree No. 08.335 of 20 September 2008 on the organization and operation of the authority to regulate public procurement. The Committee notes that, in accordance with section 63 of Act No. 08.017, if a single evaluation criteria has to be taken into account by the contracting authority in light of the objective of the contract, it has to be the price. In this context, no reference is made to the conditions of work in the evaluation criteria. It also noted that this Act, which is aimed at ensuring free access to public procurement orders, the equality of treatment of tenderers, the economy and effectiveness of the procurement procedure and the transparency of procedures on the basis of their rationalization, modernization and traceability, does not contain any provisions on labour clauses which are to be included in public contracts, in accordance with Article 2 of the Convention. The Government indicates in its report that the terms of the labour clauses to be included in public contracts have not been determined. However, it adds that the conditions of work, hours of work, remuneration rates and registration of employees with the social security fund are still monitored by the regional labour inspection services. The Committee once again draws the Government’s attention to the fact that, in its General Survey of 2008 on labour clauses in public contracts, in paragraphs in 40–46 and 176, it emphasized that the essential purpose of the Convention is to ensure that the workers employed by a contractor and paid indirectly out of public funds, through the inclusion of appropriate labour clauses in public contracts, enjoy wages and conditions of work which are at least as satisfactory as the wages and conditions of work normally established for the type of work concerned, whether they are established by collective agreement or otherwise. In its previous comments, the Committee indicated that the Convention has a very simple structure, with all its provisions being articulated around and directly linked to the core requirements set out in Article 2(1) of the Convention, namely the requirement to adopt measures to ensure the inclusion of labour clauses guaranteeing to the workers concerned the most advantageous wages and other conditions of work established locally. While noting that Act No. 08.017 contains specifications to determine the conditions under which the contract is implemented and which include general administrative clauses, as well as specific administrative clauses, the Committee once again requests the Government to adopt without further ado all the appropriate measures to ensure that provisions giving full effect to Article 2 of the Convention are included in the general administrative clauses set out in the specifications. The Committee hopes that, when issuing implementing decrees under the Public Procurement Code, the Government will not fail to take the opportunity to bring the legislation finally into conformity with the Convention, and once again requests the Government to provide a copy of any further texts once they have been adopted. It reminds the Government that it may have recourse to ILO technical assistance if it so wishes.