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The Committee notes the comments made by the International Trade Union Confederation (ITUC) on the application of the Convention to the effect that workers engaged in domestic work or casual labour are not covered by the General Labour Act. The Committee requests the Government to send its observations on this matter.

In its previous comments, the Committee took note of new bills revising Trade Unions Act No. 21-C/92 and Strikes Act No. 23/91 which included some of the amendments suggested by the Committee. It notes that in its new report the Government states that the abovementioned bills have been referred to a special committee for an opinion, that the latter will take the Committee’s comments into account and that the Government is seeking technical assistance from the ILO in connection with the revision of the abovementioned acts.

The Committee recalls its previous comments on the need:

–      to amend section 3 of Trade Unions Act No. 21-C/92 providing that first-level organizations must include in their membership at least 30 per cent of the workers in the occupational branches and sectors of economic activity at the provincial level, so as to lower the percentage of workers needed to establish a first-level organization. The Committee notes that according to the Government, the new bill repeals section 3;

–      to amend section 2(2) of Strikes Act No. 23/91 (providing that any reduction or alteration of hours and methods of work that has been agreed upon collectively and does not imply a refusal to work is not treated as a strike and may therefore be subject to disciplinary action), so as to ensure that these forms of collective action are not subject to disciplinary measures. The Government indicates that the special committee will take account of its comments;

–      to amend section 6 of Strikes Act No. 23/91 which bans strike action by civilian workers in military institutions, so as to ensure that these workers may resort to strike action without incurring any punishment. While noting the information sent by the Government to the effect that the General Labour Act guarantees the trade union rights of civilian workers in the armed forces and police who thus enjoy the same rights as other workers, the Committee requests the Government to amend section 6 of Act No. 23/91 in order to align it with the General Labour Act and so eliminate any penalties that may be imposed on civilian workers in military institutions who resort to strike action when they are not engaged in essential services in the strict sense;

–      to amend section 10 of Strikes Act No. 23/91 providing that a strike may be declared only if two-thirds of the workers present in the assembly so agree and that the employer is entitled to demand the presence of a representative of the public authority at any assembly for the calling of a strike in order to check that it is properly constituted and its decisions properly adopted. The Government indicates that intervention in an assembly by a representative of the public authority is at the request of the parties (employers or trade unionists) and its purpose is mediation in the event of any internal dispute, and that the special committee will take the Committee’s comments into account. The Committee reminds the Government in this connection that workers’ organizations must be free to organize their administration and activities and to formulate their programmes without interference by the public authorities. It requests the Government to take this into account in processing the new bill on strikes;

–      to provide clarification of the wording of section 20(1) of Strikes Act No. 23/91 which provides that workers and trade unions in public utilities must, in the event of a strike, provide, “through pickets”, the services required to meet the basic needs of the population, and to indicate the exact meaning of the term “pickets” and the manner in which the necessary minimum services are determined in such an event. The Government states that workers on strike may set up strike pickets, which consist of a small group of workers located outside the establishment to protect the plant and ensure that minimum services are complied with. The Committee observes that the text could be more clearly worded and asks the Government to take advantage of the current revision of the legislation to draft section 20(1) more precisely and to ensure that minimum services are determined, not by the public authorities alone, but with the organizations of employers and workers concerned and that any disagreement must be settled by an independent body;

–      to amend section 20(3) of Strikes Act No. 23/91 which allows workers to be requisitioned in the event of a strike in: (a) the postal services; (b) fuel supply; (c) public transport; and (d) the loading and unloading of foodstuffs, since these are not essential services in the strict sense of the term (i.e. services the interruption of which would endanger the lives, personal safety or health of the whole or part of the population). The Committee reminds the Government that although employers may demand compliance with minimum services established with the participation of workers’ organizations, requisitioning by a decision of the administrative authorities should be possible only in essential services in the strict sense of the term. The Government indicates that the special committee will take account of the Committee’s comments. The Committee points out that minimum services could be required in services (a), (b), (c) and (d);

–      to ensure that section 27 of Strikes Act No. 23/91 providing for penalties of imprisonment and fines for the organizers of a strike that has been forbidden, declared unlawful or suspended, is not applied in the event of legitimate industrial action, and that the prison penalty is proportionate and may be imposed only in the event of criminal violence. The Government indicates that there is no record of any prison sentences having been imposed on trade unions for taking strike action and that in all probability there have been trade unionists sentenced to prison terms for acts of violence. The Committee requests the Government to take the necessary steps to ensure that section 27 of Act No. 23/91 may be applied only in response to violence, thus confirming in law the practice described by the Government;

–      to indicate whether the suspension of the employment contract of trade union officers, provided for in section 31 of Trade Unions Act No. 21-C/92 is a workers’ right, or whether all union officers are required to suspend their employment temporarily in order to carry out trade union activities. The Government indicates that temporary suspension of the employment contract is a right of trade union officials;

–      to indicate whether sympathy strikes or protest actions for economic and social policy considerations not contemplated in section 3 of Strikes Act No. 23/91 can be held without incurring penalties. The Committee notes that according to the Government the legislation in force is silent with respect to strikes of this nature. It requests the Government to take the necessary steps to ensure that the new legislation does not exclude sympathy strikes or actions to protest against economic and social policy;

–      to provide information on section 8(1) of the Strikes Act, under which the right to strike of workers in ports, airports, railways, air and sea transport and any other enterprise that provides essential goods or services for the army shall be exercised in a manner that does not affect the supplies needed for national defence. The Committee specifically asked how the volume of the necessary supplies is established. The Government indicated in its previous report that the bill revising the Strikes Act repeals this section;

–      since the Government intends to repeal section 8(1), to ensure that section 8(2) (providing for compulsory arbitration and for a mediation procedure in the case provided for in subsection 8(1)) is also repealed;

–      to explain the meaning of the phrase “in situations threatening the peace or in the event of public disaster” in section 8(4) providing for the suspension of the right to strike by a decision of the Council of Ministers in the event of public disaster, and to indicate in what circumstances and how many times this provision has been applied. The Government reiterates that, as yet, a disaster has never coincided with a strike and that Parliament will take account of the fact that this provision is out of date (the Government also indicated in its previous report that the new bill will provide that suspension shall be at the decision of the judicial authority);

–      to provide clarification regarding section 3(6) of Trade Unions Act No. 21‑C/92 and the right to establish enterprise unions. The Committee asks the Government in particular to confirm whether this provision enables workers to organize at enterprise level.

The Committee expresses the hope that ILO technical assistance with the preparation of the bills to revise Trade Unions Act No. 21-C/92 and Strikes Act No. 29/91 will be forthcoming in the near future, that the abovementioned bills will shortly be approved by the National Assembly and that they will take account of all the Committee’s comments so as to make current legislation fully consistent with the Convention. The Committee requests the Government to provide a copy of these bills with its next report.

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The Committee notes the Government’s report. The Committee also notes the comments sent by the National Union of Angolan Workers–Trade Union Confederation (UNTA–CS) on the application of the Convention.

The Committee further notes that, according to the Government, new bills revising Trade Unions Act No. 21-C/92 and Strike Act No. 23/91 commented upon have been drafted which take into consideration some of the amendments requested by the Committee.

Referring to its previous comments, the Committee recalls that it had requested the Government:

–           to amend section 3 of Trade Unions Act No. 21-C/92 that provides that first-level organizations should include in their membership at least 30 per cent of the workers in the occupational branches and sectors of economic activity at the provincial level so as to lower the percentage of workers necessary to establish a first-level organization. The Committee notes that according to the Government’s indication the new bill repeals section 3;

–           to amend section 2(2) of Strike Act No. 23/91 that provides that any reduction or alteration of the timing and methods of work agreed upon collectively that do not imply a refusal to work is not considered a strike and is in consequence subject to disciplinary action, so as to ensure that these other forms of collective action are not subject to disciplinary action;

–           to amend section 6 of Strike Act No. 23/91 that provides for the prohibition of strike action for civilian workers in military institutions in order to ensure that these workers may have recourse to industrial action without penalty. The Committee notes the Government’s indication that the new bill repeals section 6(d) which refers to prison services workers. However, the Committee recalls that it had requested the amendment of the provision concerning civilian workers engaged in activities other than national defence in military institutions (section 6(e));

–           to amend section 10 of Strike Act No. 23/91 that provides for a requirement of two-thirds of the workers present in the assembly to declare a strike and establishes the right of the employer to request the presence of the public authority at an assembly for the calling of a strike in order to verify the regularity of its constitution and the adoption of the decisions;

–           to indicate, with respect to section 20(1) of Strike Act No. 23/91, which provides that workers and trade union bodies are under the obligation to provide, throughout the duration of pickets, the services necessary to satisfy the basic needs of the population, the precise meaning of the term “pickets” and the manner in which the minimum services required in such cases are established. The Committee recalls that the determination of minimum services and the minimum number of workers providing them should involve not only the public authorities, but also the relevant employers’ and workers’ organizations and that any disagreement should be settled by an independent body;

–           to amend section 20(3) of Strike Act No. 23/91 that provides for the requisitioning of workers in the case of strikes in post offices, fuel distribution, collective transportation and loading and unloading of foodstuffs, which are services that go beyond the definition of essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population), so as to ensure that this measure is only allowed to grant the operation of essential services in the strict sense of the term. The Committee notes the Government’s indication that the bill modifies section 20(3) and provides that “in the case of justified national interest and on an exceptional basis, the competent Labour Division of the Provincial Court may decide to engage in civil requisitioning to replace striking workers and guarantee the operation of the services and enterprises mentioned in the previous paragraphs for the duration of the strike”. The Committee recalls, nevertheless, that requisitioning should be limited to essential services as defined;

–           to ensure that section 27 of Strike Act No. 23/91 that provides for sanctions of imprisonment and fines for the organizers of a strike that has been forbidden, declared illegal or suspended is not applied in the case of legitimate industrial action and that imprisonment may only be imposed in the case of violent acts of a criminal nature;

–           to indicate the manner in which first-level organizations function and their relations with enterprise organizations, taking into account that section 3(6) of Trade Unions Act No. 21-C/92 provides that first-level organizations may be established on the basis of enterprise organizations;

–           to indicate whether the suspension of the employment contract of trade union officers provided for in section 31 of Trade Unions Act No. 21-C/92 is simply a worker’s right or whether all union officers have to suspend their employment temporarily. The Committee notes the Government’s indication that the employment contract is only suspended for the highest responsible officials in the trade unions. The Committee considers that this provision should be amended so as to clearly establish that the suspension of the contract of employment can only take place with the agreement of the trade union officer;

–           to indicate whether sympathy strikes or protest actions for economic and social policy considerations affecting workers, which are not considered in section 3 of Strike Act No. 23/91 can be exercised without penalty. The Committee notes the Government’s indication that taking into account that this type of strike is neither prohibited nor allowed, its exercise would depend on the degree of interrelation between the striking sectors;

–           to indicate, with respect to section 8(1) of the Strike Act that provides that the right to strike of workers in ports, airports, railways, air and maritime transport and any other enterprise that provides services or goods that are essential for the army shall be exercised in a manner that does not affect the supplies necessary for the national defence, the manner in which the level of the necessary supplies is established. The Committee notes the Government’s indication that the bill revising the Strike Act repeals this section;

–           to indicate if, following the repeal of subsection 8(1) indicated by the Government, subsection 8(2) that provides for compulsory conciliation and mediation procedures in the case provided for in subsection 8(1) will also be repealed;

–           to indicate the precise meaning of the phrase “situations affecting the public order or public calamities” provided for in subsection 8(4) that refers to the suspension of the right to strike by a resolution of the Council of Ministers in the event of public calamities, and the circumstances and the number of occasions in which this provision has been applied. The Committee notes the Government’s indication that there is no knowledge of the practical application of this provision and that it will be modified by the new bills in the sense that the suspension will be decided by the judicial authority.

The Committee expresses the firm hope that the bills revising Trade Unions Act No. 21-C/92 and Strike Act No. 23/91 that according to the Government have been recently drafted will soon be approved by the National Assembly and that they will take fully into account the previous comments in order to bring the current legislation into full conformity with the Convention. The Committee requests the Government to provide it with a copy of these bills in its next report.

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The Committee notes the Government’s report. It regrets that the Government has not replied to its previous comments. It notes the Government’s indication that the Strike Act and the Trade Unions Act are currently being revised with the technical assistance of the Office in the context of the project on enterprise-level disputes. In these circumstances, the Committee hopes that any amendment to these Acts will take into account the matters raised in its previous direct requests, which read as follows:

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing without previous authorization. The Committee notes that section 3 of Trade Unions Act No. 21-C/92 provides that first-level organizations must include in their membership at least 30 per cent of the workers in the occupational branches and sectors of economic activity at the provincial level. The Committee recalls that the minimum number of members should be set at a reasonable level so as not to hinder the establishment of organizations. It requests the Government to take the necessary measures to amend this provision so as to lower the percentage of workers necessary to establish a first-level organization.

Article 3. Right of workers’ organizations to organize their administration and activities. The Committee notes that section 2(2) of Strike Act No. 23/91 (hereinafter, the Strike Act) provides that any reduction or alteration of the timing and methods of work agreed collectively that does not imply a refusal to work is not considered a strike and is in consequence subject to disciplinary action. The Committee recalled that any work stoppage, however brief and limited, may generally be considered as a strike. This is more difficult to determine when there is no work stoppage as such but a slowdown in work (go-slow strike) or when work rules are applied to the letter (work to rule); these forms of strike action are often just as paralysing as a total stoppage. The Committee is therefore of the opinion that restrictions as to the forms of strike action can only be justified if the action ceases to be peaceful (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 173). The Committee requests the Government to amend this provision so as to ensure that these other forms of collective action are not subject to disciplinary action.

The Committee notes that section 6 of the Strike Act provides for the prohibition of strike action for civilian workers in military institutions. The Committee is of the opinion that a distinction should be made between civilian workers engaged in activities related to the national defence and those who perform auxiliary work, such as cleaning, secretarial services and catering. It requests the Government to indicate the measures taken or envisaged to ensure that the latter may have recourse to industrial action without penalty.

The Committee notes that section 10 of the Strike Act provides that a requirement of two-thirds of the workers present in the assembly is necessary to declare a strike. The Committee has considered that if a member State deems it appropriate to establish in its legislation provisions which require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey, op. cit., paragraph 170). It requests the Government to indicate the measures taken or envisaged to amend section 10 so as to ensure that the number of workers necessary to declare a strike is reasonable.

The Committee further notes that this section provides for the right of the employer to request the presence of the public authority at an assembly for the calling of a strike in order to verify the regularity of its constitution and the adoption of the decisions. The Committee considers that workers should be free to organize their administration and activities and to formulate their programmes without interference from the public authorities and that any control of strike ballots should be carried out by independent authorities. It therefore requests the Government to indicate the measures taken or envisaged to amend this provision in this regard.

The Committee notes that section 20(3) of the Strike Act provides for the requisitioning of workers in the case of strikes in services that go beyond the definition of essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population). In this regard, the Committee recalls that it does not consider post offices, fuel distribution, collective transportation and the loading and unloading of foodstuffs as essential services. The Committee considers that recourse to the replacement of strikers seriously impairs the right to strike and affects the free exercise of trade union rights. It therefore requests the Government to amend this provision so that the requisitioning of workers is only allowed to ensure the operation of essential services in the strict sense of the term.

The Committee notes that section 27 of the Strike Act provides for sanctions of imprisonment and fines for the organizers of a strike that has been forbidden, declared illegal or suspended. The Committee considers that sanctions for strike action should be possible only where the prohibitions in question are in conformity with the principles of freedom of association. Moreover, 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. In any case, a right to appeal should exist in this respect (see General Survey, op. cit., paragraph 177). The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers are not sanctioned for legitimate industrial action and that sanctions of imprisonment are only imposed in the case of violent acts of a criminal nature.

The Committee requests the Government to provide information in its next report concerning any amendments to the Acts referred to above.

The Committee also requests the Government to provide information on the following points:

–      section 3(6) of the Trade Unions Act provides that first-level organizations may be established on the basis of enterprise organizations. The Committee requests the Government to indicate the manner in which first-level organizations function and their relations with enterprise organizations;

–      section 31 of the Trade Unions Act provides that all workers have the right to hold trade union office. In this case, the employment contract is suspended without loss of rights or seniority. The Committee requests the Government to indicate whether such suspension is simply a worker’s right or whether all union officers must suspend their employment temporarily;

–      section 3 of the Strike Act does not refer to sympathy strikes or protest actions for economic and social policy considerations affecting workers. The Committee requests the Government to indicate whether such strike action can be exercised without penalty;

–      section 8 of the Strike Act:

n      subsection 8(1) provides that the right to strike of workers in ports, airports, railways, air and maritime transport and any other enterprise that provides services or goods that are essential for the army shall be exercised in a manner that does not affect the supplies necessary for the national defence. The Committee requests the Government to indicate the manner in which the level of the necessary supplies and the minimum services required for their provision are established;

n      subsection 8(2) provides that, in the above case, the period of negotiation shall be increased to 30 days and that the conciliation and mediation procedures provided by the Ministry of Labour, Public Administration and Social Security, as set out in section 14, are compulsory. The Committee requests the Government to indicate the manner in which this provision is applied;

n      subsection 8(4) provides for the suspension of the right to strike by a resolution of the Council of Ministers in the event of situations affecting the public order or public calamities. These provisions may be extended by decision of the People’s Assembly. The Committee recalls that repeated recourse to the suspension of strikes by means of a resolution of the Council of Ministers or the People’s Assembly could be an obstacle to the right of workers to strike. The Committee considers that measures of this nature should be adopted by an independent authority, such as the judiciary. The Committee requests the Government to indicate the precise meaning of the phrase “situations affecting the public order or public calamities” and the circumstances and the number of occasions in which this provision has been applied.

Finally, the Committee observes that sections 20 and 28 of Act No. 20-A/92 provide that collective disputes in public utility enterprises may be settled by the Ministry of Labour, Public Administration and Social Security. The Committee recalls that compulsory arbitration should only be possible in the case of essential services or for public servants exercising authority in the name of the State. It requests the Government to indicate the manner in which these sections are applied, especially taking into account section 20 of the Strike Act, which provides that workers and trade union bodies are under the obligation to provide the necessary services, through pickets, in order to satisfy the basic needs of the population. The Committee further requests the Government to indicate the precise meaning of the term “pickets” in this context, and the manner in which the minimum services required in such cases are established.

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The Committee notes that the Government’s report contains no reply to previous comments. Nevertheless, the Committee takes note that the Government indicates that the Strike Act and the Trade Union Act are being revised. In these circumstances, the Committee hopes that any modification to these acts will take into consideration the matters raised in its previous direct request, which read as follows.

Article 2 of the Convention. Right of Workers, without distinction whatsoever, to establish and join organizations of their own choosing without previous authorization. The Committee notes that section 3 of Trade Unions Act No. 21-C/92 provides that first-level organizations must include in their membership at least 30 per cent of the workers in the occupational branches and sectors of economic activity at the provincial level. The Committee recalls that the minimum number of members should be set at a reasonable level so as not to hinder the establishment of organizations and requests the Government to take the necessary measures to amend this provision so as to lower the percentage of workers necessary to form a first-level organization.

Article 3. Right of workers’ organizations to organize their administration and activities. The Committee notes that section 2.2 of Strike Act No. 23/91 (hereinafter, the Strike Act) provides that any reduction or alteration of the timing and methods of work agreed collectively that does not imply a refusal to work is not considered a strike and is in consequence subject to disciplinary action. The Committee has recalled that any work stoppage, however brief and limited, may generally be considered as a strike. This is more difficult to determine when there is no work stoppage as such but a slowdown in work (go-slow strike) or when work rules are applied to the letter (work to rule); these forms of strike action are often just as paralysing as a total stoppage. The Committee is therefore of the opinion that restrictions as to the forms of strike action can only be justified if the action ceases to be peaceful (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 173). The Committee requests the Government to amend this provision so as to ensure that these other forms of collective action are not subject to disciplinary action.

The Committee notes that section 6 of the Strike Act provides for the prohibition of strike action for civilian workers of the military institution. The Committee is of the opinion that a distinction should be made between those civilian workers engaged in activities related to the national defence and those that provide auxiliary work, such as cleaning, secretarial services, and catering. It requests the Government to indicate the measures taken or envisaged to ensure that the latter may have recourse to industrial action without penalty.

The Committee notes that section 10 of the Strike Act provides that a requirement of two-thirds of the workers present in the assembly is necessary to declare a strike. The Committee has considered that if a member State deems it appropriate to establish in its legislation provisions which require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey, op. cit., paragraph 170). It requests the Government to indicate the measures taken or envisaged to amend section 10 so as to ensure that the number of workers necessary to declare a strike is reasonable.

The Committee further notes that this section provides for the right of the employer to request the presence of the public authority at an assembly for the calling of a strike in order to verify the regularity of its constitution and the adoption of the decisions. The Committee considers that workers should be free to organize their administration and activities and to formulate their programmes without interference from the public authorities and that any control of strike ballots should be carried out by independent authorities. It therefore requests the Government to indicate the measures taken or envisaged to amend this provision in this regard.

The Committee notes that section 20.3 of the Strike Act provides for the requisitioning of workers in the case of strikes in services that go beyond the definition of essential services in the strict sense of the term (those the interruption of which might endanger the life, personal safety or health of the whole or part of the population). In this regard, the Committee recalls that it does not consider post offices, fuel distribution, collective transportation and the loading and unloading of foodstuffs as essential services. The Committee considers that recourse to striker replacements seriously impairs the right to strike and affects the free exercise of trade union rights. It therefore requests the Government to amend this provision in order to allow the requisitioning of workers only to ensure the operation of essential services in the strict sense of the term.

The Committee notes that section 27 of the Strike Act provides for sanctions of imprisonment and fines for the organizers of a strike that has been forbidden, declared illegal or suspended. The Committee considers that sanctions for strike action should be possible only where the prohibitions in question are in conformity with the principles of freedom of association. Moreover, 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. In any case, a right to appeal should exist in this respect (see General Survey, op. cit., paragraph 177). The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers are not sanctioned for legitimate industrial action and that sanctions of imprisonment are only resorted to in the case of violent acts of a criminal nature.

The Committee requests the Government to provide information in its next report concerning any amendments to the mentioned Acts. In addition, the Committee suggests that the Government may wish to seek the technical assistance from the Office to ensure that a future reform of the legislation takes full account of the provisions of the Convention.

The Committee recalls that in its previous direct request it asked the Government to provide information on the following points:

n      section 3(6) of the Trade Unions Act provides that first-level organizations can be established on the basis of enterprise organizations. The Committee requests the Government to indicate the manner in which first-level organizations function and their relation with enterprise organizations;

n      section 31 of the Trade Unions Act provides that all workers have the right to hold trade union office. In this case, the employment contract is suspended without loss of rights or seniority. The Committee requests the Government to indicate whether such suspension is simply a worker’s right or whether all union officers must suspend their employment temporarily;

n      section 3 of the Strike Act does not refer to sympathy strikes or protest actions for economic and social policy considerations affecting workers. The Committee requests the Government to indicate whether such strike action can be exercised without penalty;

n      section 8 of the Strike Act:

–        subsection 8.1 provides that the right to strike of workers in ports, airports, railways, air and maritime transport and any other enterprise that provides services or goods that are essential for the army shall be exercised in a manner that does not affect the supplies necessary for the national defence. The Committee requests the Government to indicate the manner in which the level of the necessary supplies and the minimum services required for their provision are established;

–        subsection 8.2 provides that in the above case the period of negotiation shall be increased to 30 days and that the conciliation and mediation procedures provided by the Ministry of Labour, Public Administration and Social Security, as set out in section 14, are compulsory. The Committee requests the Government to indicate the manner in which this provision is applied;

–      subsection 8.4 provides for the suspension of the right to strike by a resolution of the Ministerial Council in the event of situations affecting the public order or public calamities. These provisions may be extended by decision of the People’s Assembly. The Committee requests the Government to indicate the precise meaning of the phrase “situations affecting the public order or public calamities” and the circumstances and the number of occasions in which this provision has been applied. The Committee recalls that repeated recourse to the suspension of strikes by means of a resolution of the Ministerial Council or the People’s Assembly could be an obstacle to the right of workers to go on strike. The Committee considers that measures of this nature should be adopted by an independent authority, such as the judiciary;

n      finally, the Committee observes that sections 20 and 28 of Act No. 20-A/92 provide that collective disputes in public utility enterprises may be settled by the Ministry of Labour, Public Administration and Social Security. Recalling that compulsory arbitration should only be possible in the case of essential services or for public servants exercising authority in the name of the State, the Committee requests the Government to indicate the manner in which this article is applied, especially taking into account section 20 of the Strike Act which provides that workers and trade union bodies are under the obligation to provide the necessary services, through pickets, in order to satisfy the basic needs of the population. The Committee further requests the Government to indicate the precise meaning of the term “pickets” in this context, and the manner in which the minimum services required in such cases are established.

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The Committee notes with interest the first report sent by the Government.

Article 2 of the Convention. Right of Workers, without distinction whatsoever, to establish and join organizations of their own choosing without previous authorization. The Committee notes that section 3 of Trade Unions Act No. 21-C/92 provides that first-level organizations must include in their membership at least 30 per cent of the workers in the occupational branches and sectors of economic activity at the provincial level. The Committee recalls that the minimum number of members should be set at a reasonable level so as not to hinder the establishment of organizations and requests the Government to take the necessary measures to amend this provision so as to lower the percentage of workers necessary to form a first-level organization.

Article 3. Right of workers’ organizations to organize their administration and activities. The Committee notes that section 2.2 of Strike Act No. 23/91 (hereinafter, the Strike Act) provides that any reduction or alteration of the timing and methods of work agreed collectively that does not imply a refusal to work is not considered a strike  and is in consequence subject to disciplinary action. The Committee has recalled that any work stoppage, however brief and limited, may generally be considered as a strike. This is more difficult to determine when there is no work stoppage as such but a slowdown in work (go-slow strike) or when work rules are applied to the letter (work to rule); these forms of strike action are often just as paralysing as a total stoppage. The Committee is therefore of the opinion that restrictions as to the forms of strike action can only be justified if the action ceases to be peaceful (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 173). The Committee requests the Government to amend this provision so as to ensure that these other forms of collective action are not subject to disciplinary action.

The Committee notes that section 6 of the Strike Act provides for the prohibition of strike action for civilian workers of the military institution. The Committee is of the opinion that a distinction should be made between those civilian workers engaged in activities related to the national defence and those that provide auxiliary work, such as cleaning, secretarial services, and catering. It requests the Government to indicate the measures taken or envisaged to ensure that the latter may have recourse to industrial action without penalty.

The Committee notes that section 10 of the Strike Act provides that a requirement of two-thirds of the workers present in the assembly is necessary to declare a strike. The Committee has considered that if a member State deems it appropriate to establish in its legislation provisions which require a vote by workers before a strike can be held, it should ensure that account is taken only of the votes cast, and that the required quorum and majority are fixed at a reasonable level (see General Survey, op. cit., paragraph 170). It requests the Government to indicate the measures taken or envisaged to amend section 10 so as to ensure that the number of workers necessary to declare a strike is reasonable.

The Committee further notes that this section provides for the right of the employer to request the presence of the public authority at an assembly for the calling of a strike in order to verify the regularity of its constitution and the adoption of the decisions. The Committee considers that workers should be free to organize their administration and activities and to formulate their programmes without interference from the public authorities and that any control of strike ballots should be carried out by independent authorities. It therefore requests the Government to indicate the measures taken or envisaged to amend this provision in this regard.

The Committee notes that section 20.3 of the Strike Act provides for the requisitioning of workers in the case of strikes in services that go beyond the definition of essential services in the strict sense of the term (those the interruption of which might endanger the life, personal safety or health of the whole or part of the population). In this regard, the Committee recalls that it does not consider post offices, fuel distribution, collective transportation and the loading and unloading of foodstuffs as essential services. The Committee considers that recourse to striker replacements seriously impairs the right to strike and affects the free exercise of trade union rights. It therefore requests the Government to amend this provision in order to allow the requisitioning of workers only to ensure the operation of essential services in the strict sense of the term.

The Committee notes that section 27 of the Strike Act provides for sanctions of imprisonment and fines for the organizers of a strike that has been forbidden, declared illegal or suspended. The Committee considers that sanctions for strike action should be possible only where the prohibitions in question are in conformity with the principles of freedom of association. Moreover, 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. In any case, a right to appeal should exist in this respect (see General Survey, op. cit., paragraph 177). The Committee requests the Government to indicate the measures taken or envisaged to ensure that workers are not sanctioned for legitimate industrial action and that sanctions of imprisonment are only resorted to in the case of violent acts of a criminal nature.

The Committee also requests the Government to provide information on the following points:

-  Section 3(6) of the Trade Unions Act provides that first-level organizations can be established on the basis of enterprise organizations. The Committee requests the Government to indicate the manner in which first-level organizations function and their relation with enterprise organizations.

-  Section 31 of the Trade Unions Act provides that all workers have the right to hold trade union office. In this case, the employment contract is suspended without loss of rights or seniority. The Committee requests the Government to indicate whether such suspension is simply a worker’s right or whether all union officers must suspend their employment temporarily.

-  Section 3 of the Strike Act does not refer to sympathy strikes or protest actions for economic and social policy considerations affecting workers. The Committee requests the Government to indicate whether such strike action can be exercised without penalty.

-  Section 8 of the Strike Act:

n  Subsection 8.1 provides that the right to strike of workers in ports, airports, railways, air and maritime transport and any other enterprise that provides services or goods that are essential for the army shall be exercised in a manner that does not affect the supplies necessary for the national defence. The Committee requests the Government to indicate the manner in which the level of the necessary supplies and the minimum services required for their provision are established.

n  Subsection 8.2 provides that in the above case the period of negotiation shall be increased to 30 days and that the conciliation and mediation procedures provided by the Ministry of Labour, Public Administration and Social Security, as set out in section 14, are compulsory. The Committee requests the Government to indicate the manner in which this provision is applied.

n  Subsection 8.4 provides for the suspension of the right to strike by a resolution of the Ministerial Council in the event of situations affecting the public order or public calamities. These provisions may be extended by decision of the People’s Assembly. The Committee requests the Government to indicate the precise meaning of the phrase "situations affecting the public order or public calamities" and the circumstances and the number of occasions in which this provision has been applied. The Committee recalls that repeated recourse to the suspension of strikes by means of a resolution of the Ministerial Council or the People’s Assembly could be an obstacle to the right of workers to go on strike. The Committee considers that measures of this nature should be adopted by an independent authority, such as the judiciary.

-  Finally, the Committee observes that sections 20 and 28 of Act No. 20-A/92 provide that collective disputes in public utility enterprises may be settled by the Ministry of Labour, Public Administration and Social Security. Recalling that compulsory arbitration should only be possible in the case of essential services or for public servants exercising authority in the name of the State, the Committee requests the Government to indicate the manner in which this article is applied, especially taking into account section 20 of the Strike Act which provides that workers and trade union bodies are under the obligation to provide the necessary services, through pickets, in order to satisfy the basic needs of the population. The Committee further requests the Government to indicate the precise meaning of the term "pickets" in this context, and the manner in which the minimum services required in such cases are established.