CMNT_TITLE

The Committee notes the information supplied by the Government's report. The Committee notes also that section 8 of Act No. 2 of 1993 amending the Industrial Court Act, 1967 allows the Labour Commissioner to refer a dispute in the context of a collective agreement to the Court which "shall make an award or advise the Labour Commissioner accordingly".

The Committee recalls that compulsory arbitration by decision of the authorities and not freely chosen by both parties is not in conformity with the principles of the voluntary negotiation of collective agreements provided for in Article 4 of the Convention (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 254-259).

The Committee requests the Government to take the necessary measures to bring its legislation into full conformity with the principle of voluntary collective bargaining provided by Article 4 of the Convention.

Zanzibar

The Committee notes with interest the entry into force on 1 February 1998 of the new Labour Act in Zanzibar.

The Committee would like to draw the attention of the Government to the following points.

Article 1. The Committee would ask the Government to take appropriate measures to protect trade union members against anti-union discrimination in employment recruitment or by reason of participation in legitimate union activities, given the fact that the provisions of the Zanzibar Industrial Court Act and of the new Labour Act do not contemplate this protection.

Article 2. The Committee would ask the Government to indicate how adequate protection and sanctions are ensured to workers' and employers' organizations against any acts of interference by each other, i.e. protection against trade unions dominated by the employers by financial or other means or against acts of interference in the functioning of a union.

Article 4. The Committee would ask the Government to indicate criteria for registration of collective agreements and reasons used for the refusal of registration (section 4(5) of the Zanzibar Industrial Court Act, 1994).

Articles 5 and 6. Noting that the new Labour Act only applies to the private sector excluding from its scope even seamen (section 3 of the Labour Act), the Committee recalls that all workers should enjoy rights and guarantees provided by the Convention with the sole possible exception of public servants not engaged in the administration of the State.

The Committee would request the Government to inform it on any measure taken or envisaged for a better application of the Convention.