LABOUR RIGHTS INDEX 2022

Trade Union
Indicator
Trade Union
Countries
LRI 2022
heatmap
lri 2022 Country Profiles

Central African Republic

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

The Central African Republic’s overall score is 53.5 out of 100. The overall score for the Central African Republic is lower than the regional average observed across Sub-Saharan Africa (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

Central African Republic ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1964.

Labour Rights Index 2022

53.5/100

LRI Country Score

25/100

Trade Union Indicator

- %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

-

SDG indicator 8.8.2

5+

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§10 of the Constitution, 2016; §15-20, 26 & 48, Labour Code, 2009; CEACR, C87, Obs. 2020

B

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§12, 13, 197, 199, 203, 211, 337, 338, Labour Code, 2009; CEACR, C98, Obs. 2020

B

Does the law provide for the right to strike?

No

0

§10, Constitution 2016; §377-383, Labour Code, 2009; CEACR, C87, DR 2020

B

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1

§378, Labour Code, 2009

No Violation Found

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C87, Obs. 2020

Articles 2, 3, 5 and 6 of the Convention. Labour Code. In its previous comments, the Committee highlighted the need to amend the following provisions of the Labour Code:
-section 17, which limits the right of foreign nationals to join trade unions by imposing conditions of residence (two years) and reciprocity;
-section 24, which limits the right of foreign nationals to be elected to trade union office and executive functions by imposing a condition of reciprocity;
-section 25, which renders non-eligible for trade union office persons sentenced to imprisonment, persons with a criminal record or persons deprived of their right of eligibility under national law, even where the nature of the relevant offence is not prejudicial to the integrity required for trade union office;
-section 26, under which the union membership of minors under 16 years of age may be opposed by parents or guardians despite the minimum age for admission to employment being 14 years under section 259 of the Labour Code; and
-section 49(3), under which no confederation may be established without the prior existence of occupational or regional federations.
The Committee notes the Government’s indication that the Committee’s requests have been taken into account within the tripartite revision process of the Labour Code, with the exception, it appears, of that relating to section 26. The Committee hopes that the revised version of the Labour Code, as adopted by Parliament, will ensure full conformity of all the provisions described above with the requirements under the Convention, and requests the Government to indicate all progress achieved in this regard.

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C98, Obs. 2020

Articles 4 and 6. Right to collective bargaining of public servants not engaged in the administration of the State. Section 211 of the Labour Code. In its previous comments, the Committee noted that, under section 211 of the Labour Code, the possibility of concluding collective agreements in the public sector concerns only personnel in public services, enterprises and establishments not governed by specific conditions of service and requested the Government to specify to what extent, and based on which text, public servants not engaged in the administration of the State who are subject to specific conditions of service enjoy the right to collective bargaining. The Committee recalls that, in accordance with Articles 4 and 6 of the Convention, public servants not engaged in the administration of the State, a category that includes employees in public enterprises, employees in municipal services and employees in other decentralized bodies, public sector teachers and employees of the public transport sector, must be accorded the right to collectively negotiate their conditions of work and employment. The Committee requests the Government to specify, firstly, the list of public services and establishments not subject to specific legislative or regulatory conditions of service and, secondly, whether, in law or practice, the public servants subject to such conditions of service can participate in genuine mechanisms to collectively negotiate their conditions of work and employment. The Committee also requests the Government to indicate whether the provisions of section 211 are affected by the draft revised Labour Code submitted to Parliament for adoption and to provide any relevant information in this regard.

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C87, DR 2020

Article 3. Workers’ right to freely organize their activities. In its previous comments, the Committee noted that under the terms of section 381 of the Labour Code, during a strike an obligatory minimum service is required for certain enterprises owing to their social utility or their distinctive nature, and that the list of enterprises concerned and the conditions for implementing the minimum service are determined by order of the Ministry of Labour after consultation with the Standing National Labour Council (CNPT), the tripartite advisory body. Noting that, according to the Government, the mechanism under section 381 appears to have been reproduced identically in section 404 of the draft law establishing the revised Labour Code, the Committee requests the Government to provide any information relating to the adoption of this provision by Parliament. The Committee also requests the Government to provide information on the determination of the list of enterprises concerned and the conditions for implementing the minimum service, and on any measures taken to mitigate the risk of imposing a minimum service in an excessive number of activities. The Committee recalls, in this regard, that any disagreement on the determination of a minimum service should be resolved not by the government authorities but by a joint or independent body which has the confidence of the parties. The Committee requests the Government to provide information on this matter.

Violations

No Violation