Effect given to the recommendations of the committee and the Governing Body - REPORT_NO377, March 2016

Effect given to the recommendations of the committee and the Governing Body

1. 37. The Committee last examined this case at its March 2015 meeting [see 374th Report, paras 544–561]. The Committee recalls that this case concerns allegations of exclusion of the Democratic Union of the Judiciary (SDJ) from all collective bargaining by the Ministry of Justice and Freedoms despite it being the most representative organization in the justice sector, acts of discrimination against its leaders, and the violent dispersal by the security forces of peaceful demonstrations organized by the SDJ. In its previous examination of the case, the Committee made the following recommendations [see 374th Report, para. 561]:
   • (a) The Committee requests the Government to indicate any administrative or judicial actions filed by the SDJ deputy general secretary following the disciplinary measures imposed on him, to provide a copy of rulings handed down and to report on any follow-up action taken.
   • (b) The Committee encourages the continuation of the peaceful discussions between the Ministry of Justice and Freedoms and the Democratic Union of the Judiciary, given the important representative nature of this union, and invites the Government to continue to report on measures taken in this regard.
   • (c) The Committee requests the Government to keep it informed of any new developments regarding the draft Law on Trade Unions, and to send a copy of the law once it has been adopted.
2. 38. In its communication dated 28 May 2015, the Government provides certain information in relation to the recommendations previously made by the Committee. With regard to recommendation (a), the Government indicates that the Ministry of Justice and Freedoms has not received any information relating to the existence of judicial actions filed against persons or institutions by the SDJ affiliated with the trade union federation Democratic Federation of Labour (FDT) following the acts of violence against its deputy general secretary.
3. 39. With respect to the Committee’s recommendation encouraging the continuation of the peaceful discussions between the Ministry of Justice and Freedoms and the SDJ (recommendation (b)), the Government indicates that: (i) the Ministry of Justice and Freedoms encourages dialogue and constructive collective bargaining and strictly monitors the continuation of discussions with all the social partners, including the SDJ; (ii) the Ministry has taken the initiative to invite the members of the SDJ to participate in five discussion meetings with the Minister of Justice and Freedoms, the general secretary of the Ministry and national directors; and (iii) the SDJ has participated, along with other trade union representatives, in discussions on issues relating to justice reform and has also been on committees responsible for reviewing transfer applications submitted by officials.
4. 40. As to the draft Law on Trade Unions (recommendation (c)), the Government reiterates that the draft law has been submitted to all the social partners for comments and observations and will subsequently be submitted for approval. The Government indicates that the law will be sent to the Committee once it has been published in the Official Gazette.
5. 41. The Committee notes the information provided by the Government regarding recommendations (a) and (b). With respect to the draft Law on Trade Unions (recommendation (c)), the Committee requests the Government to keep it informed of any new developments in this regard, and to send a copy of the law once it has been adopted.