Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the conclusions and recommendations of the Committee on Freedom of Association in Case No. 1695 (see the 302nd Report, paragraphs 246-255, approved by the Governing Body at its 265th Session in March 1996). The Committee recalls that its previous comments concerned:

- the prohibition on foreigners from holding office or exercising authority in trade unions (section 60(2) of the Constitution);

- the prohibition upon exercising the right to strike in the public sector and in the agricultural, stock-raising and forestry sectors (sections 368 and 369(a) and (b) of the Labour Code).

With reference to the prohibition placed on strikes by pilots in the airline LACSA (Case No. 1695), based on sections 368 and 369(c) of the Labour Code, the Committee draws the Government's attention to the principle whereby the right to strike may be limited, or even prohibited in the public service should be limited to public servants exercising authority in the name of the State or in essential services in the strict sense of the term, namely those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see the General Survey on freedom of association and collective bargaining, 1994, paragraphs 158 and 159). In accordance with the above principle, transport services in general are not essential "in the strict sense of the term" and the Committee of Experts therefore concurs with the Committee on Freedom of Association in requesting the Government to take measures to amend the legislation so as to guarantee the right to strike in the air transport sector and, in general, in all services that are not essential in the strict sense of the term.

The Committee notes the Government's statement that it will transmit the comments of the Committee of Experts to the competent authorities and that the Assembly has still not approved the Bill respecting the occupational capitalization and economic democratization fund and the Bill on the statutory system of public employment and the civil service.

The Committee expresses the firm hope that the Government will take the necessary measures to eliminate from the legislation the prohibitions on the exercise of the right to strike in the public sector, as set out above, and in the agricultural, stock-raising and forestry sectors, as well as in transport services, and to introduce the possibility for foreigners to hold office in trade union organizations, at least after a reasonable period of residence in the country.

The Committee requests the Government to transmit any draft text that is formulated in relation to the above matters so that it can analyse its conformity with the principles of freedom of association.

[The Government is asked to provide a detailed report for 1997.]