Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Gabon (Ratification: 1961)

The Committee notes with regret that the Government has not provided its comments on the 2024 observations of the Democratic Confederation of Autonomous Trade Unions (CDSA) concerning the refusal of a group from the agro-industry, metallurgy, chemicals and construction sectors to recognize the CDSA for the purpose of collective bargaining. The Committee once again requests the Government to provide its comments in this respect.

Articles 1 to 3 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee noted that the general provisions concerning the prohibition of acts of anti-union discrimination and interference contained in Act No. 022/2021 of 19 November 2021 on the Labour Code (sections 9, 304 and 334) did not appear to include specific provisions on the penalties applicable in this regard. The Committee notes the Government’s indication that financial penalties are provided for in section 325 of the Code, but observes that these actually concern placement services (section 300 of the Code) and the civil capacity of trade unions (section 314). Recalling that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures to ensure their application in practice (see the 2012 General Survey on the fundamental Conventions, paras 190 and 193), the Committee once again requests the Government to provide information on the application in practice of the aforementioned provisions of the Labour Code concerning acts of anti-union discrimination and interference, and on the applicable penalties.

Article 4. Promotion of collective bargaining. In its previous comments, the Committee noted the Government’s indications that the Labour Code of 2021 improved and strengthened the legal framework regarding the representativeness of employers’ and workers’ organizations (sections 316 and 317) and that the Government was making efforts to determine the most representative employers’ and workers’ organizations with a view to the renegotiation of sectoral collective agreements in 11 sectors of activity. The Committee noted the representativeness thresholds for employers’ and workers’ organizations set in section 316 of the Code authorizing participation in the various levels of collective bargaining, and requested the Government to take measures to ensure that the legislation addresses the exercise of the right to collective bargaining in cases where no workers’ organization reaches the required representativeness thresholds. The Committee also requested the Government to provide information on the determination of the representativeness of trade union organizations provided for in section 317.

The Committee notes that the Government merely reiterates that, based on a road map drawn up in May 2024 during a tripartite seminar on social dialogue and trade union representativeness, the establishment of representativeness requires the existence of employers’ and workers’ organizations. While regretting the lack of effective progress on this issue, the Committee once again requests the Government to provide information on the application in practice of sections 316 and 317 of the Labour Code of 2021 for the purpose of determining the representativeness of trade union organizations, and on its impact on the renegotiation of the collective agreements in question. Recalling that the required representativeness thresholds should not constitute an obstacle to the promotion of collective bargaining, the Committee once again requests the Government to take the necessary measures to address, in the legislation, the exercise of the right to collective bargaining in cases where no workers’ organization reaches the required representativeness thresholds.

Right of collective bargaining in practice. The Committee notes that the Government reiterates its commitment to revise the “core” of collective agreements and sectoral collective agreements, as many of them are no longer up-to-date or have even become obsolete. The Committee requests the Government to provide information on the measures taken in this regard, and to indicate the number of collective agreements signed, the sectors concerned and the number of workers covered.