Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee refers to its previous comments on the need to amend sections 19, 20, 21 and 22 of the Industrial Courts Act, 1976, and the extensive list of essential services in the Labour Code, which can be applied to prohibit the right to strike at the request of one party. Under these provisions a trade dispute may be referred to the court at any stage by the Minister when he is informed of its existence, and by one party within ten days of such knowledge, and strikes are then prohibited under penalty of imprisonment. In addition, an injunction may be issued against a legal strike when the national interest is threatened or affected.

Having noted with interest the judgement of the Judicial Committee of the Privy Council, dated February 1993, which had held that in Case No. 1296, examined by the Committee on Freedom of Association, dismissal of strikers had been unfair, the Committee had requested the Government to keep it informed of any legislative developments with respect to the right to strike in conformity with the principles of freedom of association.

The Government indicated in its report in 1995 that in its opinion the Antigua legislation in relation to the right to strike is in conformity with the principles of freedom of association and the limitations would be in the interest of a civilized and orderly society. It had also given the long list of essential services where there is an established process to address industrial matters as laid down in the Labour Code and in the Industrial Courts Act.

The Committee takes note of this information. However, it would ask once again the Government to indicate in its next report the measures taken or contemplated to ensure that the powers of the Minister to refer a dispute to binding arbitration to ban a strike are restricted to strikes in essential services in the strict sense of the term, that is to say, only those the interruption of which would endanger the life, personal safety or health of the whole or part of the population or in case of an acute national crisis or in relation to public servants exercising authority in the name of the State, in order to bring its legislation into full conformity with the principles of freedom of association as soon as possible.

[The Government is asked to report in detail in 1999.]