home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Wayzata World Factbook 1996
/
The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso
/
mac
/
TEXT
/
HUMANrts
/
GABON.TXU
< prev
next >
Wrap
Text File
|
1996-01-04
|
8KB
|
158 lines
TITLE: GABON HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 6 Worker Rights
a. The Right of Association
The 1991 Constitution places no restrictions on the right of
association and recognizes the right of citizens to form trade
and labor unions. A Labor Code adopted in 1978 governs all
labor activities. Unions must register with the Government in
order to be recognized officially. Public employees may
unionize although their right to strike is limited in areas
pertaining to public safety. Until 1990 there was only one
recognized labor organization, the Gabonese Labor
Confederation (COSYGA), to which all workers contributed a
mandatory 0.4 percent of their salaries. In 1992 the
Government accepted the establishment of independent unions
and abolished the mandatory COSYGA contribution.
In May, after lengthy consultations with labor leaders, the
National Assembly passed a long awaited series of revisions to
the 1978 Labor Code. Six years in the making, these changes
clarify or bring up to date numerous sections of the old
Code. The previous legislation recognized COSYGA as the only
official labor organization, despite the fact that the
Gabonese Confederation of Free Unions (CGSL) has been
functioning and actively recruiting members for nearly 3
years. Other provisions of the new Labor Code establish
clearer procedures governing negotiations and strikes, areas
which were vague under the 1978 Code. At year's end, the
Ministry of Labor had not yet implemented the new Labor Code.
Under current regulations, strikes are legal if they occur
after an 8-day notice advising that outside arbitration has
failed. The 1978 Labor Code prohibits direct government
action against individual strikers who abide by the
arbitration and notification provisions and also provides that
charges may not be pressed against a group as a whole for
criminal activities committed by individuals. In 1994,
however, the Government took action against strikers and union
leaders on a number of occasions. In February, following the
devaluation of the CFA franc, COSYGA called a general strike
aimed at forcing the Government to negotiate wage
adjustments. The strike succeeded in stopping work in Port
Gentil, the center of the petroleum sector. At one point
labor demonstrations became violent. The Government responded
by arresting COSYGA's Port Gentil representative and two other
union members, holding them for 3 days. Five days later, CGSL
also called on its members to join the strike. Opposition
parties rallied along with strikers, and violence broke out in
Libreville and the north. The Government arrested a number of
persons, including union members, detaining many for up to 2
months without charge (see Sections l.a., l.c. and l.f.). In
March the leader of Libreville's postal and telecommunications
union was dismissed, ostensibly for political and labor
activities.
Unions and confederations are free to affiliate with
international labor bodies and participate in their
activities. COSYGA is directly affiliated with the
Organization of African Trade Union Unity, while CGSL is
affiliated with the International Confederation of Free Trade
Unions. Both COSYGA and CGSL have strong ties with numerous
other international labor organizations.
b. The Right to Organize and Bargain Collectively
The Labor Code provides for collective bargaining. Labor and
management meet to negotiate differences, and the Ministry of
Labor provides an observer. This observer does not take an
active part in negotiations over pay scales, working
conditions, or benefits. Agreements also apply to nonunion
workers. While no laws specifically prohibit antiunion
discrimination, the court may require employers found guilty
by civil courts of having engaged in such discrimination to
pay compensation. Unions effectively used collective
bargaining provisions to negotiate wage increases following
the devaluation of the CFA franc.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced labor. Despite this, there were
numerous reports of prisoners and detainees--principally
foreigners--being forced to provide unpaid labor. Security
forces routinely "sweep" the large African neighborhoods to
check residence and identity documents, and at times they even
detain without charge foreigners in possession of valid
paperwork. Police or gendarmes often hold these persons in
prison overnight and force them to work at government
facilities, on public grounds, or even in the homes of
ministers, military officers, or other members of the
Government.
d. Minimum Age for the Employment of Children
Gabonese children below the age of 16 may not work without the
express consent of the Ministries of Labor, Education, and
Public Health. These ministries rigorously enforce this law,
and there are few Gabonese under the age of 18 working in the
modern wage sector. A significant number of expatriate
African children work in marketplaces or perform domestic
duties. The U.N. Children's Fund (UNICEF) and other concerned
organizations have reported that government officials often
privately use foreign child labor, mainly as domestic or
agricultural help. These children do not go to school, have
little means of acquiring medical attention, and are often
victims of abuse. Laws forbidding child labor theoretically
extend protection to foreign children as well, but abuses
often are not reported.
e. Acceptable Conditions of Work
The 1978 Labor Code and the 1982 General Convention of Labor
govern working conditions and benefits for all sectors and
provide a broad range of protection to workers. The Code
stipulates a 40-hour workweek with a minimum rest period of
48-consecutive hours. Employers must compensate workers for
overtime work. Foreign and local companies in the modern wage
sector pay competitive wages and grant generous fringe
benefits, including maternity leave and 6 weeks of annual paid
vacation. Despite austerity measures and difficulties in
servicing foreign debt, the Government and the private sector
have generally met their payrolls on time.
Each year representatives of labor, management, and Government
meet to examine economic and labor conditions. They recommend
a minimum wage rate within government guidelines to the
President, who then issues an annual decree. Following the 50
percent devaluation of the CFA franc, the Government and most
private sector employers instituted a 14.9 percent wage
increase, the maximum amount allowed under the tentative
agreement reached with international lending institutions.
This increase was not applied to the monthly minimum wage,
which remained approximately $125 (approximately 64,000 CFA).
Inflation following the devaluation caused a significant
decrease in purchasing power.
The Ministry of Health has established occupational health and
safety standards but does not effectively enforce or regulate
them. Industry application of labor standards varies greatly
depending upon company policy. The Government reportedly did
not enforce Labor Code violations in sectors where the bulk of
the labor force is African. Foreigners, both documented and
undocumented, may be obliged to work under substandard
conditions, may be dismissed without notice or recourse or,
especially in the case of illegal aliens, be physically
mistreated. Employers frequently require longer hours of work
and pay less, often hiring on a short-term, casual basis only
in order to avoid paying taxes, social security, and other
benefits.