Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Central African Republic

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 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 2024.

Central African Republic’s overall score is 56 out of 100. The overall score for Central African Republic is lower than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

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 2024

56/100

LRI Country Score

50/100

Freedom of Association Indicator

. %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

1.61

SDG indicator 8.8.2

5+

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

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. 2023; USDOS CRHRP 2023 (Central African Republic); CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 (Central African Republic)

B,C,D

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

Yes

1

§211 Labour Code, 2009; USDOS CRHRP 2023 (Central African Republic)

A,D

Does the law provide for the right to strike?

No

0

§367-374 of the Labour Code, 2009; CEACR, C87, DR 2020

A,B,D

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§378 of the Labour Code, 2009

A

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

D : USDOS

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

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/  

Freedom of Association Indicator
The Freedom of Association 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 2024 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. 

Information

Source: §10 of the Constitution, 2016; §15-20, 26 & 48, Labour Code, 2009; CEACR, C87, Obs. 2023; USDOS CRHRP 2023 (Central African Republic); CEACR, C87, Obs. 2023; ITUC Global Rights Index 2024 (Central African Republic)

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

""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.""

C : ITUC

ITUC Global Rights Index (country legal profile)

"According to the Labour Code adopted in January 2009, foreigners who are members of a trade union will be able to access administrative and managerial positions after three years of residence in the country, provided that their country of origin grants the same right to Central African citizens."

D : USDOS

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

"The law provided for the right of workers, except for senior-level state employees, security force members, and foreign workers in residence for less than two years, to form or join independent unions without prior authorization."

Information

Source: §211 Labour Code, 2009; USDOS CRHRP 2023 (Central African Republic)

A : National Law

National Labour Legislation

"Art. 211: When the staff of public services, companies and establishments are not subject to a special status, collective agreements may be concluded in accordance with the provisions of this chapter."

D : USDOS

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

"The labor code provided that unions could bargain collectively in the public and private sectors. "

Information

Source: §367-374 of the Labour Code, 2009; CEACR, C87, DR 2020

A : National Law

National Labour Legislation

"Art.367: Any collective dispute must be immediately notified by the parties to the Inspector of Labor and Social Laws of the jurisdiction or to the Director of Labor when the conflict extends over the jurisdiction of several Regional Labor Inspectorates, who will summon them and proceed to conciliation. The parties may be replaced by a representative with the authority to conciliate. If one of the parties does not appear or is not validly represented, the Inspector of Labor and Social Laws or the Director of Labor will draw up a report. The Inspector of Labor and Social Laws or the Director of Labor will summon the parties again within forty-eight (48) hours. In the event of failure to do so, he will draw up a report which he sends to the competent court. Art.368: At the end of the conciliation attempt, the Inspector of Labor and Social Laws or the Director of Labor draws up a report recording either the agreement or the total or partial disagreement of the parties who countersign the report and receive a copy thereof. The conciliation agreement is enforceable under the conditions set out in Article 352 of this Code. It is filed with the registry of the Labor Court of the headquarters of the Regional Labor Inspectorate of the jurisdiction or, in the event of a dispute of territorial scope, with that of the Labor Court of Bangui. Art.369: In the event of failure of conciliation, the Inspector of Labor and Social Laws or the Director of Labor shall immediately communicate a report on the status of the dispute, accompanied by documents and information collected by him/her, to the President of the Labor Court for the purposes of referral to the Arbitration Commission. A copy of the report shall be immediately given to each party and to the Minister responsible for Labor. SECTION II: ARBITRATION Art.370: Arbitration of collective disputes not settled by conciliation shall be carried out by an arbitration council composed as follows: - President, a Magistrate of the Court of Appeal appointed by the President of the Court of Appeal of the jurisdiction. - Members, two employer assessors and two worker assessors having no interest in the conflict and appointed from among the assessors of the labor courts by decision of the President of the Court of Appeal of the jurisdiction."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Sections 367 to 370 of the Labour Code. Conciliation and arbitration The Committee previously requested the Government to provide information on the amendment of sections 367 to 370 of the Labour Code that is currently in force which appear to establish a procedure whereby all collective disputes are subject to conciliation and, failing resolution, to arbitration. In this regard, the Committee recalls that, by virtue of the principle of the promotion of free and voluntary collective bargaining set out in Article 4 of the Convention, recourse to compulsory arbitration in the case of disagreement between the parties to collective bargaining is only acceptable in certain specific circumstances, namely: (i) in essential services in the strict sense of the term, that is those the interruption of which would endanger the life, health or personal safety of the whole or part of the population; (ii) in the case of disputes in the public service involving public servants engaged in the administration of the State; (iii) when, after protracted and fruitless negotiations, it becomes obvious that the deadlock will not be broken without some initiative by the authorities; or (iv) in the event of an acute crisis"

D : USDOS

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

"Workers had the right to strike in both the public and private sectors, but the law prohibited security forces, including the armed forces and gendarmes, from striking. "

Information

Source: §378 of the Labour Code, 2009

A : National Law

National Labour Legislation

"Art.378: A strike does not terminate the employment contract except gross negligence attributable to the worker. Its exercise cannot give rise to discriminatory measures on the part of the employer in terms of remuneration and social benefits. Any dismissal pronounced in violation of this article is automatically void. "