Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and the adoption of the Trade Unions Act, 1998.

1. The Committee observes that section 82(c) of this Act prohibits officials of the prison service from becoming members of any trade union organization, denying, by this means, the right to bargain collectively, in contradiction with Article 5 of the Convention (except when these workers are integrated in the structure of the police force or military forces).

2. The Committee observes that the Government's report does not answer the previous direct request which is, therefore, recalled and read as follows:

The Committee notes that section 8 of Act No. 2 of 1993 amending the Industrial Court Act, 1967, allows the Labour Commissioner to refer a dispute in the context of a collective agreement to the court which shall make an award or advise the Labour Commissioner accordingly. The Committee recalls that, in general, compulsory arbitration by decision of the authorities and not freely chosen by both parties is not in conformity with the principles of the voluntary negotiation of collective agreements provided for in Article 4 of the Convention (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 254-259).

3. The Committee requests the Government to take the necessary measures to bring its legislation into full conformity with Article 4 of the Convention.

Zanzibar

Article 1. The Committee asks the Government to take appropriate measures to protect trade union members against anti-union discrimination at recruitment or by reason of participation in legitimate union activities, given the fact that the provisions of the Zanzibar Industrial Court Act and of the new Labour Act do not contemplate this protection.

Article 2. The Committee would ask the Government to indicate how adequate protection and dissuasive sanctions are ensured to workers' and employers' organizations against any acts of interference by each other, i.e. protection against trade unions dominated by the employers by financial or other means or against acts of interference in the functioning of a union.

Article 4. The Committee would ask the Government to indicate criteria for registration of collective agreements and reasons used for the refusal of registration (section 4(5) of the Zanzibar Industrial Court Act, 1994).

Articles 5 and 6. Noting that the new Labour Act only applies to the private sector and excludes from its scope seamen (section 3 of the Labour Act), the Committee recalls that all workers should enjoy rights and guarantees provided by the Convention with the sole possible exception of public servants engaged in the administration of the State, the armed forces and the police.

The Committee would ask the Government to answer its request for information and to amend the legislation in this regard.