Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the information contained in the Government’s report.

With reference to its previous request to transmit the list of essential services, the Committee takes due note that the only services remaining on this list are the following: water services, electricity services, health and hospital services, sanitary services, fire-fighting services, correctional services and overseas telecommunications.

As regards the extensive power of the Minister to refer an industrial dispute to arbitration, the Committee notes the Government’s statement that the concern of the ILO in this respect has been duly noted and that the relevant sections of the Labour Relations and Industrial Disputes Act are still under review. Recalling that compulsory arbitration should be limited to essential services or situations of acute national crisis and that otherwise, recourse to compulsory arbitration should only be possible at the request of both parties to the dispute, the Committee requests that the Government indicate in its next report any progress made in amending sections 9, 10 and 11(A) of the Act and provide copies of the draft legislation in this respect.