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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Uganda (RATIFICATION: 2005)

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The Committee had previously noted the Government’s commitment to implement as a matter of urgency the Committee’s recommendation to discuss with the social partners the application and impact of the Public Order Management Act, according to which, organizers of public meetings who fail to comply with the Act’s requirements commit an act of disobedience of statutory duty, punishable with imprisonment under the Penal Code. The Committee notes with regret the Government’s indication that there have been no developments in this regard. The Committee reiterates its previous request and urges the Government to provide information in this regard.

Articles 2 and 3 of the Convention. Legislative matters. The Committee had requested the Government to take measures to amend or repeal the following provisions of the Labour Unions Act of 2006 (LUA):

-Section 18 (process of registration of a labour union shall be completed within 90 days from the date of application). The Committee had requested the Government to take the necessary measures to amend this section to shorten the time frame for registration of a trade union.
-Section 23(1) (interdiction or suspension of union officers by the Registrar). The Committee had requested the Government to take steps to amend section 23(1) of the LUA to ensure that the Registrar may only remove or suspend trade union officers after conclusion of judicial proceedings and only for reasons, such as an internal decision of the trade union, in line with Article 3 ofthe Convention.
-Section 31(1) (eligibility condition of being employed in the relevant occupation). The Committee recalls that the measures to amend this section may include introducing flexibility either by admitting as candidates for union office persons who have previously been employed in that occupation, or by exempting from that requirement a reasonable proportion of the officers of an organization.
-Section 33 (excessive regulation by the Registrar of an organization’s annual general meeting; contravention subject to sanction under section 23(1)).

The Committee takes note of the Government’s indication that it is still in the process of amending the Act and that the Bill which provides for amendment of sections 18, 23(1), 31(1) and repeal of section 33 is pending at the top Policy Management level. Recalling that the review process of the LUA has been ongoing for several years, the Committee expects that it will be amended without further delay, in consultation with the social partners. The Committee requests the Government to provide information on all developments in this regard, and to provide a copy of the amended LUA when adopted.

The Committee recalls that it had requested the Government to amend section 29(2) of the Labour Disputes (Arbitration and Settlement) Act of 2006 (LDASA) to ensure that the responsibility for declaring a strike illegal does not lie with the Government, but with an independent body that has the confidence of the parties involved. The Committee had also requested the Government to provide information regarding the harmonization of the list of essential services in the LDASA (Schedule 2) with that in the 2008 Public Service Act (Negotiating, Consultative and Disputes Settlement Machinery).The Committee notes withconcernthe Government’s indication that while theLDASA was amended in 2020, section 29(2) and Schedule 2 of the LDASA were not. The Government indicates that it will consider addressing these matters through other policy arrangements. The Committee urges the Government to take all the necessary measures in consultation with the social partners to amend section 29(2) in line with its previous request and to harmonize the list of essential services in Schedule 2 of the LDASA, irrespective of other policy arrangements that may be adopted. The Committee requests the Government to provide information on any developments in this regard, including on any other policy arrangements adopted, and to provide a copy of the revised LDASA.

Application of the Convention in practice. The Committee notes the Government’s indication regarding the challenges of applying the Convention in the informal sector of the economy, due to the instability of enterprises in this sector and the small number of workers usually employed by each enterprise, as well as the casual nature of work. The Committee recalls that pursuant to Article 11, each Member State for which this Convention is in force undertakes to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organize. The Committee requests the Government to indicate measures taken or envisaged in consultation with the social partners in this regard and recalls that it may avail itself of the technical assistance of the Office.

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Articles 2 and 3 of the Convention. Legislative matters. In its previous comments, the Committee had requested the Government to take measures to amend or repeal the following provisions of the Labour Unions Act of 2006 (LUA):

-Section 18 (process of registration of a labour union shall be completed within 90 days from the date of application). The Committee had recalled that registration procedures that are overly lengthy may constitute serious obstacles to the establishment of organizations, and had requested the Government to take the necessary measures to amend section 18 of the LUA so as to shorten the time frame for registration of a trade union.
-Section 23(1) (interdiction or suspension of union officers by the Registrar). The Committee had recalled that: (i) any removal or suspension of trade union officers, which is not the result of an internal decision of the trade union, a vote by members, or normal judicial proceedings, seriously interferes with the right of trade unions to elect their representatives in full freedom, enshrined in Article 3 of the Convention; (ii) provisions which permit the suspension and removal of trade union officers by the administrative authorities are incompatible with the Convention; and (iii) only the conviction on account of offences, the nature of which is such as to prejudice the aptitude and integrity required to exercise trade union office may constitute grounds for disqualification from holding such office. The Committee had requested the Government to take steps to amend section 23(1) of the LUA so as to ensure that the Registrar may only remove or suspend trade union officers after conclusion of the judicial proceedings and only for reasons in line with the principle cited above.
-Section 31(1) (eligibility condition of being employed in the relevant occupation). The Committee had noted the Government’s indication of its intention to contact the trade unions so that they could express their views on this issue, and had requested it to take the necessary measures to amend section 31(1) of the LUA in conjunction with such consultations so as to introduce flexibility either by admitting as candidates for union office persons who have previously been employed in that occupation, or by exempting from that requirement a reasonable proportion of the officers of an organization.
-Section 33 (excessive regulation by the Registrar of an organization’s annual general meeting; contravention subject to sanction under section 23(1)). The Committee had requested the Government to provide information regarding the steps taken to repeal section 33 to guarantee the right of organizations to organize their administration.

The Committee welcomes the Government’s indication that it has initiated the process to review the LUA and that the Committee’s recommendations will be taken into consideration. The Committee requests the Government to provide information on any developments in this regard.

In its previous comments, the Committee had also requested the Government to take the necessary measures to amend section 29(2) of the Labour Disputes (Arbitration and Settlement) Act of 2006 (LDASA) so as to ensure that the responsibility for declaring a strike illegal does not lie with the Government, but with an independent body that has the confidence of the parties involved. The Committee notes the Government’s indication that an amendment bill 2019 to the LDASA is before Parliament for discussion. Trusting that section 29(2) of the LDASA will be amended to ensure that the responsibility for declaring a strike illegal does not lie with the Government, but with an independent body that has the confidence of the parties involved, the Committee requests the Government to provide information on any developments in this regard.

Finally, concerning Schedule 2 of the LDASA (list of essential services), the Committee had noted the Government’s indication that the harmonization of the list of essential services in the LDASA with that in the 2008 Public Service Act (Negotiating, Consultative and Disputes Settlement Machinery) was going to be undertaken by the new Labour Advisory Board, which was appointed in October 2015, and had therefore requested the Government to provide information on this matter. The Committee notes the Government’s indication that an amendment bill 2019 to the LDASA is before Parliament for discussion. Trusting that the harmonization of the list of essential services will be part of the new legislation, the Committee requests the Government to provide information on any further developments in this regard.

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The Committee recalls that, in reply to the International Trade Union Confederation’s observations of 2012 and 2013 relating to allegations of restrictions to freedom of assembly imposed by the Public Order Management Act 2013, the Government had indicated that the Act was applied so as to ensure that public gatherings take place in harmony and peace. The Committee recalls that the Act provides that organizers of public meetings, who fail to comply with the requirements of the Act (including time frames for giving notice of the meetings and time limits during which public meetings can take place), commit an act of disobedience of statutory duty which is punishable under the Penal Code with imprisonment. The Committee recalls that: (i) the right to organize public meetings and processions constitutes an important aspect of trade union rights; (ii) the authorities should resort to calling in the police in a strike situation or demonstration only if there is a genuine threat to public order; (iii) no penal sanction should be imposed on workers for having carried out a peaceful strike or demonstration; and (iv) the implementation of the Public Order Management Act should not impair the exercise of the rights enshrined in the Convention. The Committee had expressed its trust that the Government would ensure respect for these principles and, to that end, it had requested the Government to discuss with the social partners the application and impact of the Act 2013. The Committee regrets that the Government provides no information in this regard. It therefore once again requests the Government to discuss with the social partners the application and impact of the Public Order Management Act, and to provide information on the outcome of the discussions.

-Section 18 of the LUA (process of registration of a labour union shall be completed within 90 days from the date of application). The Committee notes that the Government reiterates that that 90 days is the maximum duration anticipated for the whole process to be completed before a certificate is issued to the applicant. Recalling that registration procedures that are overly lengthy may constitute serious obstacles to the establishment of organizations, the Committee once again requests the Government to take the necessary measures to amend section 18 of the LUA so as to shorten the time frame for registration of a trade union.
-Section 23(1) of the LUA (interdiction or suspension of union officers by the Registrar). The Committee notes that the Government reiterates that the intention of section 23(1) of the LUA is to remove the officer in question to allow investigations to take place and justice to prevail. The Committee recalls once again that any removal or suspension of trade union officers, which is not the result of an internal decision of the trade union, a vote by members, or normal judicial proceedings, seriously interferes with the right of trade unions to elect their representatives in full freedom, enshrined in Article 3 of the Convention. Provisions which permit the suspension and removal of trade union officers by the administrative authorities are incompatible with the Convention. The Committee further recalls that only the conviction on account of offences, the nature of which is such as to prejudice the aptitude and integrity required to exercise trade union office may constitute grounds for disqualification from holding such office. The Committee therefore reiterates its request to the Government to take steps to amend section 23(1) of the LUA so as to ensure that the Registrar may only remove or suspend trade union officers after conclusion of the judicial proceedings and only for reasons in line with the principle cited above.
-Section 31(1) of the LUA (eligibility condition of being employed in the relevant occupation). The Committee notes that the Government reiterates its intention to contact the trade unions so that they can express their views on this issue. The Committee once again requests the Government to take the necessary measures to amend section 31(1) of the LUA in conjunction with such consultations so as to introduce flexibility either by admitting as candidates for union office persons who have previously been employed in that occupation, or by exempting from that requirement a reasonable proportion of the officers of an organization.
-Section 33 of the LUA (excessive regulation by the Registrar of an organization’s annual general meeting; contravention subject to sanction under section 23(1)). The Committee notes that the Government reiterates its intention to discuss this matter with the trade unions so as to bring section 33 of the LUA into conformity with the Convention. The Committee requests the Government to provide information regarding the steps taken to repeal section 33 so as to guarantee the right of organizations to organize their administration.
-Section 29(2) of the LDASA (responsibility for declaring a strike illegal lies with the Government). The Committee recalls that the Government has previously indicated that the responsibility for declaring a strike illegal lies with the Labour Officer, who is an officer of the Government, and that therefore any action by such officer is an action of the Government. The Committee regrets that the Government’s report does not contain any information on the measures taken to amend section 29(2) of the LDASA. The Committee requests the Government to take the necessary steps to amend this provision so as to ensure that the responsibility for declaring a strike illegal does not lie with the Government, but with an independent body that has the confidence of the parties involved.

Concerning Schedule 2 of the LDASA (list of essential services), the Committee recalls that the Government had previously indicated that the harmonization of the list of essential services in the LDASA with that in the 2008 Public Service Act (Negotiating, Consultative and Disputes Settlement Machinery) was going to be undertaken by the new Labour Advisory Board, which was appointed in October 2015. In the absence of any new information on this point, the Committee requests the Government to provide information on any progress made in this regard.

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The Committee takes note of the observations of the International Trade Union Confederation (ITUC) received on 1 September 2014 concerning issues raised by the Committee as well as allegations of arrests during the 1 May 2013 celebrations. The Committee requests the Government to provide its comments in this regard. The Committee also takes note of the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

The Committee notes the Government’s reply to the observations of the ITUC received in 2012 and 2013, relating to allegations of government interference in union elections, police intervention during a strike and restrictions to freedom of assembly imposed by the Public Order Management Act 2013. As to the allegations of interference in union elections, the Committee recalls that any intervention by the public authorities in trade union elections runs the risk of appearing to be arbitrary and thus constituting interference in the functioning of workers’ organizations, which is incompatible with Article 3 of the Convention. As to the other allegations, the Committee notes that the Government indicates that it intends to regulate public gatherings and enforce section 5 of the Public Order Management Act 2013 for purposes of achieving harmony and peace in the country. The Committee observes that the Public Order Management Act 2013, which regulates the exercise of the rights to freedom of assembly and to demonstrate, establishes certain requirements (including timeframes for giving notice of the meetings and time limits during which public meetings can take place), some of which have been criticized by the ITUC. The Committee also notes that the Act provides that organizers of public meetings, who fail to comply with the requirements of the Act, commit an act of disobedience of statutory duty which is punishable under the Penal Code with imprisonment. The Committee recalls that: (i) the right to organize public meetings and processions constitutes an important aspect of trade union rights; (ii) the authorities should resort to calling in the police in a strike situation or demonstration only if there is a genuine threat to public order; (iii) no penal sanction should be imposed on workers for having carried out a peaceful strike or demonstration; and (iv) the implementation of the Public Order Management Act 2013 should not impair the exercise of the rights enshrined in the Convention. The Committee trusts that the Government will ensure respect for these principles and, to that end, it requests the Government to discuss with the social partners concerned the application and impact of the Public Order Management Act 2013, and to provide information in this regard.

Articles 2 and 3 of the Convention. Legislative matters. In its previous comments, the Committee requested the Government to take measures to amend or repeal various provisions of the 2006 Labour Unions Act (LUA) and the 2006 Labour Disputes (Arbitration and Settlement) Act (LDASA):

-Section 18 of the LUA (process of registration of a labour union shall be completed within 90 days from the date of application). The Committee notes that the Government indicates that it is difficult to estimate the average duration of the registration procedure, and that 90 days is the maximum duration anticipated for the whole process to be completed before a certificate is issued to the applicant. Recalling that registration procedures that are overly lengthy may constitute serious obstacles to the establishment of organizations (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 75), the Committee once again requests the Government to take the necessary measures to amend section 18 of the LUA so as to shorten the time frame for registration of a trade union.
-Section 23(1) of the LUA (interdiction or suspension of union officers by the Registrar). The Committee notes that the Government indicates that: (i) Article 4 of the Convention only prohibits the dissolution or suspension of workers’ and employers’ organizations, but not the removal of the officers of such organizations; (ii) the intention of section 23(1) of the LUA is to remove the officer in question to allow investigations to take place and justice to prevail; and (iii) therefore, according to the Government, there is no need for amendments. The Committee recalls once again that any removal or suspension of trade union officers, which is not the result of an internal decision of the trade union, a vote by members, or normal judicial proceedings, seriously interferes with the right of trade unions to elect their representatives in full freedom, enshrined in Article 3 of the Convention. Provisions which permit the suspension and removal of trade union officers by the administrative authorities are incompatible with the Convention. The Committee further recalls that only the conviction on account of offences the nature of which is such as to prejudice the aptitude and integrity required to exercise trade union office may constitute grounds for disqualification from holding such office. The Committee therefore reiterates its request to the Government to take steps to amend section 23(1) so as to ensure that the Registrar may only remove or suspend trade union officers after conclusion of the judicial proceedings and only for reasons in line with the principle cited above.
-Section 31(1) of the LUA (eligibility condition of being employed in the relevant occupation). The Committee takes note of the Government’s indication that it has contacted the trade unions so that they can express their views on this issue. The Committee welcomes the consultations on this matter and requests the Government to take the necessary measures to amend section 31(1) in conjunction with such consultations so as to introduce flexibility either by admitting as candidates for union office persons who have previously been employed in that occupation, or by exempting from that requirement a reasonable proportion of the officers of an organization.
-Section 33 of the LUA (excessive regulation by the Registrar of an organization’s annual general meeting; contravention subject to sanction under section 23(1)). The Committee notes the Government’s indication that steps are being taken to bring section 33 of the LUA into conformity with the Convention. The Committee welcomes the Government’s commitment to address this issue and requests it to provide information regarding the steps taken to repeal section 33 so as to guarantee the right of organizations to organize their administration.
-Section 29(2) of the LDASA (responsibility for declaring a strike illegal lies with the Government). The Committee notes that the Government indicates that the responsibility for declaring a strike illegal lies with the Labour Officer, who is an officer of the Government, and that therefore any action by such officer is an action of the Government. The Committee recalls once again that the responsibility for declaring a strike illegal should not lie with the Government, but with an independent body that has the confidence of the parties involved. The Committee requests the Government to take the necessary steps to amend this section of the Act in compliance with this principle.

Concerning Schedule 2 of the LDASA (list of essential services), the Committee notes that the harmonization of the list of essential services in the LDASA with that in the 2008 Public Service Act (Negotiating, Consultative and Disputes Settlement Machinery) will be undertaken by the new Labour Advisory Board, which was appointed in October 2015. The Committee requests the Government to provide information on any developments in this respect.

Finally, the Committee takes note of the Labour Disputes Arbitration and Settlement (Mediation and Conciliation) Regulations (2012), which are attached to the Government’s report, and notes with interest that section 18 provides for an expeditious hearing in the case of disputes involving essential services.

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The Committee notes the comments submitted on 30 August 2013 by the International Trade Union Confederation (ITUC), in particular concerning the recently passed Public Order Management Bill containing restrictions to freedom of assembly. The Committee requests the Government to provide its observations on these comments, as well as on the ITUC allegations of 2012 (government interference in union election, police intervention preventing union from meeting workers and storming by police of a protest action) and 2010 (shooting of workers participating in a protest action by the police resulting in two deaths and one worker injured).

In its previous comments, the Committee requested the Government to take measures to amend or repeal the following provisions of the 2006 Labour Unions Act (LUA) and the 2006 Labour Disputes (Arbitration and Settlement) Act (LDASA):

– Section 18 of the LUA (process of registration of a labour union shall be completed within 90 days from the date of application). The Committee notes that the Government indicates in its report that the 90-day period takes into consideration the time needed for the prospective union to constitute its executive, open a bank account, elaborate its constitution and verify the legitimacy of its proposed name. The Committee requests the Government to indicate the average duration of the registration procedure.
– Section 23(1) of the LUA (interdiction or suspension of union officers by the Registrar). The Committee notes that, according to the Government, the Registrar takes action when satisfied that the officer has been convicted in court on the listed grounds. The Committee observes, however, that the Registrar is also authorized to take action when satisfied that the officer is being investigated with a view to prosecution, and that the reasons for interdiction or suspension of union officers include the wilful and persistent failure to comply with the Registrar’s directions. The Committee recalls that only the conviction on account of offences the nature of which is such as to prejudice the aptitude and integrity required to exercise trade union office may constitute grounds for disqualification from holding such office. The Committee requests the Government to take steps to amend section 23(1) so as to ensure that the Registrar may only remove or suspend trade union officers after conclusion of the judicial proceedings and only for reasons in line with the principle cited above.
– Section 31(1) of the LUA (eligibility condition of being employed in the relevant occupation). Noting that the Government merely indicates that the provision corresponds to the unions’ choice, the Committee again requests the Government to take steps to amend section 31(1) so as to introduce flexibility either by admitting as candidates for union office persons who have previously been employed in that occupation, or by exempting from that requirement a reasonable proportion of the officers of an organization.
– Section 33 of the LUA (excessive regulation by the Registrar of an organization’s annual general meeting; contravention subject to sanction under section 23(1)). The Committee notes that, according to the Government, the aim of this provision is to encourage unions to get together annually to review their programmes, identify challenges and check on leadership and finances. The Committee considers that this decision should be left to the unions. It requests the Government to take steps to repeal section 33 so as to guarantee the right of organizations to organize their administration.
– Section 5(1) and (3) of the LDASA (referral of non-resolved disputes to compulsory arbitration by or at the request of any party) and section 29(2) of the LDASA (responsibility for declaring a strike illegal lies with the Government). The Committee requests the Government to take steps to amend these provisions.

Finally, concerning Schedule 2 of the LDASA (list of essential services), the Committee notes the Government’s reference to the harmonization of the list of essential services in the LDASA with that in the 2008 Public Service (Negotiating, Consultative and Disputes Settlement Machinery) Act, to be undertaken by the Labour Advisory Board. The Committee requests the Government to provide information in its next report on any developments in this respect. Furthermore, with regard to section 29(3) of the LDASA, the Committee requests the Government to provide a copy of the Regulations elaborated under section 29, which, according to the Government’s report, provide for a machinery for handling disputes in essential services as an alternative to the use of sanctions.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Previously, the Committee had requested the Government to take the necessary measures to amend several provisions of the Labour Unions Act and the Labour Disputes (Arbitration and Settlement) Act, both of 2006, in order to bring national legislation into conformity with the Convention. The Committee had noted with regret that the Government, while reiterating that the provisions of the abovementioned laws apply the principles of the Convention, provides no information to the Committee’s previous request. Accordingly, the Committee once again requests the Government to take the necessary steps to:
– amend section 18 of the Labour Unions Act of 2006 (LUA), which stipulates that the process of registration of a labour union shall be within 90 days from the date of submission of an application, so as to shorten the time frame for registration;
– amend section 23(1) of the LUA, which provides for the interdiction or suspension of trade union officers by the Registrar, so as to ensure that the Registrar may remove or suspend trade union officers only after full judicial proceedings have been held;
– introduce more flexibility into section 31(1) of the LUA, either by admitting as candidates for trade union office persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirement a reasonable proportion of the officers of an organization;
– repeal section 33 of the LUA, which provides for regulation, by the Registrar, of an organization’s general annual meeting, so as to ensure the right of organizations to organize their administration as they so wish;
– amend sections 5(1) and 5(3) of the Labour Disputes (Arbitration and Settlement) Act so that compulsory arbitration may only be imposed in the case of disputes in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely those services the interruption of which would endanger the life, personal safety, or health of the whole or part of the population, or at the request of the parties concerned. The Committee also notes that schedule 2 of the Labour Disputes (Arbitration and Settlement) Act lists those services deemed to be essential, and in which disputes may be referred by the Minister to the Industrial Court under section 34(5), thus rendering strikes therein illegal. Further noting that schedule 2 includes civil aviation services, the Committee considers that civil aviation services are not essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee accordingly requests the Government to take the necessary measures to amend schedule 2 of the Labour Disputes (Arbitration and Settlement) Act by removing civil aviation services from the list of essential services;
– amend section 29(2) of the Labour Disputes (Arbitration and Settlement) Act so as to ensure that responsibility for declaring a strike illegal should not lie with the Government, but with an independent body that has the confidence of the parties involved. Further noting that under section 29(3) the offence of counselling or procuring an unlawful strike is punishable by a fine or imprisonment not exceeding one year, the Committee recalls that the application of disproportionate penal sanctions does not favour the development of harmonious and stable industrial relations: if measures of imprisonment are to be imposed at all, they should be justified by the seriousness of the offences committed (see 1994 General Survey on freedom of association and collective bargaining, paragraph 177). The Committee therefore requests the Government to ensure that strike sanctions are proportionate to the offence committed, and that the penalty of imprisonment is not imposed except where criminal or violent acts have been committed.

Finally, the Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 31 July 2012 alleging in particular the Government’s interference in a trade union’s election, police preventing a union from meeting workers and storming a sit-in strike (metallurgy). The Committee requests the Government to provide its observations on these comments as well as on the 2010 ITUC allegations concerning the shooting of striking workers by the police resulting in two deaths and one striker injured.

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Repetition
Previously, the Committee had requested the Government to take the necessary measures to amend several provisions of the Labour Unions Act and the Labour Disputes (Arbitration and Settlement) Act, both of 2006, in order to bring national legislation into conformity with the Convention. The Committee had noted with regret that the Government, while reiterating that the provisions of the abovementioned laws apply the principles of the Convention, provides no information to the Committee’s previous request. Accordingly, the Committee once again requests the Government to take the necessary steps to:
– amend section 18 of the Labour Unions Act of 2006 (LUA), which stipulates that the process of registration of a labour union shall be within 90 days from the date of submission of an application, so as to shorten the time frame for registration;
– amend section 23(1) of the LUA, which provides for the interdiction or suspension of trade union officers by the Registrar, so as to ensure that the Registrar may remove or suspend trade union officers only after full judicial proceedings have been held;
– introduce more flexibility into section 31(1) of the LUA, either by admitting as candidates for trade union office persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirement a reasonable proportion of the officers of an organization;
– repeal section 33 of the LUA, which provides for regulation, by the Registrar, of an organization’s general annual meeting, so as to ensure the right of organizations to organize their administration as they so wish;
– amend sections 5(1) and 5(3) of the Labour Disputes (Arbitration and Settlement) Act so that compulsory arbitration may only be imposed in the case of disputes in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely those services the interruption of which would endanger the life, personal safety, or health of the whole or part of the population, or at the request of the parties concerned. The Committee also notes that schedule 2 of the Labour Disputes (Arbitration and Settlement) Act lists those services deemed to be essential, and in which disputes may be referred by the Minister to the Industrial Court under section 34(5), thus rendering strikes therein illegal. Further noting that schedule 2 includes civil aviation services, the Committee considers that civil aviation services are not essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee accordingly requests the Government to take the necessary measures to amend schedule 2 of the Labour Disputes (Arbitration and Settlement) Act by removing civil aviation services from the list of essential services.
– amend section 29(2) of the Labour Disputes (Arbitration and Settlement) Act so as to ensure that responsibility for declaring a strike illegal should not lie with the Government, but with an independent body that has the confidence of the parties involved. Further noting that under section 29(3) the offence of counselling or procuring an unlawful strike is punishable by a fine or imprisonment not exceeding one year, the Committee recalls that the application of disproportionate penal sanctions does not favour the development of harmonious and stable industrial relations: if measures of imprisonment are to be imposed at all, they should be justified by the seriousness of the offences committed (see 1994 General Survey on freedom of association and collective bargaining, paragraph 177). The Committee therefore requests the Government to ensure that strike sanctions are proportionate to the offence committed, and that the penalty of imprisonment is not imposed except where criminal or violent acts have been committed.

Finally, the Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2010, concerning in particular allegations of serious violations of the Convention, including the shooting of striking workers by the police resulting in two deaths and one striker injured. The Committee requests the Government to provide its observations on these allegations.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Previously, the Committee had requested the Government to take the necessary measures to amend several provisions of the Labour Unions Act and the Labour Disputes (Arbitration and Settlement) Act, both of 2006, in order to bring national legislation into conformity with the Convention. The Committee had noted with regret that the Government, while reiterating that the provisions of the abovementioned laws apply the principles of the Convention, provides no information to the Committee’s previous request. Accordingly, the Committee once again requests the Government to take the necessary steps to:

– amend section 18 of the Labour Unions Act of 2006 (LUA), which stipulates that the process of registration of a labour union shall be within 90 days from the date of submission of an application, so as to shorten the time frame for registration;

– amend section 23(1) of the LUA, which provides for the interdiction or suspension of trade union officers by the Registrar, so as to ensure that the Registrar may remove or suspend trade union officers only after full judicial proceedings have been held;

– introduce more flexibility into section 31(1) of the LUA, either by admitting as candidates for trade union office persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirement a reasonable proportion of the officers of an organization;

– repeal section 33 of the LUA, which provides for regulation, by the Registrar, of an organization’s general annual meeting, so as to ensure the right of organizations to organize their administration as they so wish;

– amend sections 5(1) and 5(3) of the Labour Disputes (Arbitration and Settlement) Act so that compulsory arbitration may only be imposed in the case of disputes in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely those services the interruption of which would endanger the life, personal safety, or health of the whole or part of the population, or at the request of the parties concerned. The Committee also notes that schedule 2 of the Labour Disputes (Arbitration and Settlement) Act lists those services deemed to be essential, and in which disputes may be referred by the Minister to the Industrial Court under section 34(5), thus rendering strikes therein illegal. Further noting that schedule 2 includes civil aviation services, the Committee considers that civil aviation services are not essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee accordingly requests the Government to take the necessary measures to amend schedule 2 of the Labour Disputes (Arbitration and Settlement) Act by removing civil aviation services from the list of essential services.

– amend section 29(2) of the Labour Disputes (Arbitration and Settlement) Act so as to ensure that responsibility for declaring a strike illegal should not lie with the Government, but with an independent body that has the confidence of the parties involved. Further noting that under section 29(3) the offence of counselling or procuring an unlawful strike is punishable by a fine or imprisonment not exceeding one year, the Committee recalls that the application of disproportionate penal sanctions does not favour the development of harmonious and stable industrial relations: if measures of imprisonment are to be imposed at all, they should be justified by the seriousness of the offences committed (see 1994 General Survey on freedom of association and collective bargaining, paragraph 177). The Committee therefore requests the Government to ensure that strike sanctions are proportionate to the offence committed, and that the penalty of imprisonment is not imposed except where criminal or violent acts have been committed.

Finally, the Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 24 August 2010, on issues already raised by the Committee.

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The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication of 29 August 2008.

Previously, the Committee had requested the Government to take the necessary measures to amend several provisions of the Labour Unions Act and the Labour Disputes (Arbitration and Settlement) Act, both of 2006, in order to bring national legislation into conformity with the Convention. The Committee notes with regret that the Government, while reiterating that the provisions of the abovementioned laws apply the principles of the Convention, provides no information to the Committee’s previous request. Accordingly, the Committee once again requests the Government to take the necessary steps to:

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The Committee notes the Government’s first report and its reply to the comments submitted by the International Confederation of Free Trade Unions (ICFTU), in a communication of 10 August 2006, which refer to matters concerning the application of the Convention that are taken up by the Committee below. It further notes the Labour Unions Act and the Labour Disputes (Arbitration and Settlement) Act of 2006, which to a significant extent apply the provisions of the Convention.

Article 2 of the Convention. Right of workers and employers to establish and join organizations of their own choosing. The Committee notes that, under section 18 of the Labour Unions Act of 2006, the process of registration of a labour union shall be within 90 days from the date of submission of an application. The Committee considers that registration procedures that are overly lengthy may constitute serious obstacles to the establishment of organizations (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 75). The Committee requests the Government to take the necessary measures to amend section 18 of the Labour Unions Act so as to shorten the time frame for registration of a trade union.

Article 3. Right of workers’ and employers’ organizations to elect their representatives in full freedom. 1. The Committee notes that section 23(1) of the Labour Unions Act empowers the registrar to interdict or suspend a trade union officer where the registrar is satisfied that the officer has been convicted by a court of law, or is being investigated with a view to prosecution for: (1) misuse, misappropriation or mismanagement of the funds of the labour union; or (2) wilful and persistent failure to comply with directions properly given by the registrar under the Act. The Committee also notes that, under section 23(2), where the registrar interdicts or suspends any officer under section 23(1), the registrar shall forward to the Industrial Court a certified copy of his or her decision, after granting the officer concerned an opportunity to be heard. Finally, the Committee notes that section 23(3) provides that the Industrial Court may direct the registrar to remove or reinstate the officer or person acting as the officer of a registered organization. The Committee recalls, in this connection, that any removal or suspension of trade union officers which is not the result of an internal decision of the trade union, a vote by members, or normal judicial proceedings seriously interferes in the exercise of the trade union office to which the officers have been freely elected by the members of their trade unions. Provisions which permit the suspension and removal of trade union officers or the appointment of temporary administrators by the administrative authorities, by the executive board of a single central organization, or under the provisions of legislation or a decree promulgated for the purpose are incompatible with the Convention. Furthermore, measures of this kind should be solely directed towards protecting the members of organizations and should only be possible through judicial proceedings. The law should lay down sufficiently precise criteria to enable the judicial authority to determine whether a trade union officer has committed acts warranting his suspension or removal; provisions which are too vague or fail to comply with the principles of the Convention do not constitute an adequate guarantee. The persons concerned should also enjoy all the guarantees of normal judicial procedures (see General Survey, op. cit., paragraphs 122–123). The Committee requests the Government to take the necessary steps to amend section 23(1) of the Labour Unions Act so as to ensure that the registrar may remove or suspend trade union officers only after full judicial proceedings have been held.

2. The Committee notes that section 31(1) of the Labour Unions Act provides that all officers of a registered organization, other than the Secretary General and treasurer, shall be persons who have been and still are engaged or employed in an industry or occupation with which the registered organization is directly concerned. The Committee recalls, in this respect, that provisions requiring all candidates for trade union office to belong to the respective occupation, enterprise or production unit, or to be actually employed in this occupation, either at the time of their candidature or during a certain period before their election, are contrary to the guarantees set forth in Convention No. 87. Provisions of this type infringe the organization’s right to elect representatives in full freedom by preventing qualified persons, such as full-time union officers or pensioners, from carrying out union duties or by depriving unions of the benefit of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks (see General Survey, op. cit., paragraph 117). In these circumstances, the Committee requests the Government to take the necessary measures to introduce more flexibility into section 31(1) of the Act, either by admitting as candidates persons who have previously been employed in the occupation concerned, or by exempting from the occupational requirement a reasonable proportion of the officers of an organization, and to keep it informed of any developments in this regard in its next report.

Right of workers’ and employers’ organizations to organize their administration. The Committee notes that under section 33(4) of the Labour Unions Act, where a registered organization fails to hold an annual meeting, the registrar may call or direct the calling of an annual general meeting and give such ancillary or consequential directions modifying or supplementing the calling, holding and conducting of the meeting – subject to the constitution and rules of the registered organization; moreover section 33(5) provides that the registrar’s directions shall include a direction that a simple majority of voting members of the registered organization present shall be deemed to constitute the annual general meeting for the year, notwithstanding the terms of the registered organization’s constitution or rules. Finally the Committee notes that under section 33(9), where default is made in holding an annual general meeting in accordance with section 33(1), or in complying with any directions issued under sections 33(4) and 33(5), the registrar shall proceed to interdict or suspend the officers of the organization concerned under section 23(1). The Committee recalls, in this respect, that legislative provisions which regulate in detail the internal functioning of workers’ and employers’ organizations pose a serious risk of interference by the public authorities; where such provisions are deemed necessary by the public authorities, they should simply establish an overall framework in which the greatest possible autonomy is left to the organizations in their functioning and administration. In these circumstances, the Committee requests the Government to take the necessary measures to repeal section 33 of the Labour Unions Act, so as to ensure the right of organizations to organize their administration as they so wish, and to keep it informed of the progress made in this regard.

Right to strike. 1. The Committee notes the Labour Disputes (Arbitration and Settlement) Act of 2006, sections 3–5 of which concern the resolution and settlement of labour disputes. The Committee notes that section 5(1) provides that where a labour dispute remains unresolved four weeks after it had been reported to a labour officer, and after conciliation procedures have run their course, the labour officer may at the request of any party to the dispute refer the dispute to the Industrial Court. Moreover, under section 5(3) of the Act, any of the parties to the dispute may refer it to the Industrial Court where a labour officer has failed to do so within eight weeks of the report’s receipt. The Committee recalls that a serious prohibition may result in practice from the cumulative effect of the provisions relating to collective labour disputes under which, at the request of one of the parties or at the discretion of the public authorities, disputes must be referred to a compulsory arbitration procedure leading to a final award which is binding on the parties concerned. These systems make it possible to prohibit virtually all strikes or to end them quickly: such a prohibition seriously limits the means available to trade unions to further and defend the interests of their members, as well as their right to organize their activities and to formulate their programmes, and is not compatible with Article 3 of Convention No. 87 (see General Survey, op. cit., paragraph 153). The Committee therefore requests the Government to take the necessary measures to amend sections 5(1) and 5(3) of the Labour Disputes (Arbitration and Settlement) Act so that compulsory arbitration may only be imposed in the case of disputes in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely those services the interruption of which would endanger the life, personal safety, or health of the whole or part of the population, or at the request of the parties concerned.

2. The Committee notes that section 29(2) of the Labour Disputes (Arbitration and Settlement) Act provides that, where a labour officer declares any industrial action unlawful under the Act, it shall be an offence for any person, during the period in which the industrial action has been declared unlawful, to counsel or procure a strike or other industrial action or to introduce a lockout. In this regard, the Committee recalls that responsibility for declaring a strike illegal should not lie with the Government, but with an independent body that has the confidence of the parties involved. The Committee requests the Government to take the steps necessary to amend section 29(2) of the Labour Disputes (Arbitration and Settlement) Act in compliance with this principle.

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The Committee notes the Government’s reply to the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 10 August 2006. The Committee will address the matters they concern together with its examination of the Government’s first report at its next session in 2007.