Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Article 2 of the Convention. Application of the Convention to self-employed workers. The Committee notes the Government’s indication, in response to the Committee’s previous request, that the Labour Code does not apply to self employed workers, as workers operating on their own accord determine their own remuneration, working hours and working conditions. The Government indicates that its financial, human resources and legislative capacities are not yet at a level to provide for the regulation of all categories of self-employed workers; however, the Government indicates that such workers are entitled to the rights outlined in the Constitution including the right to form associations in accordance with provisions of the law (article 10 of the Constitution). Having taken due note of the Government’s indications, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that self employed workers in the rural sector enjoy the right to establish and join organizations of their own choosing, as well as other rights under the Convention.

Articles 5 and 6. Policy of active encouragement of rural organizations. The Committee previously noted that there were approximately 45,000 rural organizations relating to socio-economic development. It noted the Government’s indication that workers in rural areas and agriculture had not formed unions although they are allowed by law, due to, among other reasons, the security situation in the country. In this respect, the Committee notes the Government’s statement that although the country has a growing number of rural workers, the goal of putting in place an effective rural workers administration system has yet to be realized. This was due to a lack of awareness among rural workers about their rights, widespread illiteracy among such workers and low quality of jobs that are often irregular and depend on migration. The Government indicates, however, that as part of its national development agenda, it has launched initiatives and programmes aimed at improving the status of rural workers. These include a national priority programme on agriculture and rural development, and a national agriculture development framework, as well as other measures aimed at increasing employment opportunities and enterprise development in rural areas and the provision of training to farmers concerning agricultural production. Noting the Government’s indication that there are no legal barriers to the establishment of rural workers’ organizations, the Committee also recalls that Article 5 of the Convention requires Members to carry out a policy of active encouragement of such organizations. The Committee requests the Government to provide information on the adoption or implementation of any policy or other steps taken pursuant to Articles 5 and 6 of the Convention to eliminate obstacles to the establishment of an organization of rural workers, their growth and the pursuit of their lawful activities, as well as to promote the widest possible understanding of the need to further the development of rural workers’ organizations and of the contribution they can make to improving employment opportunities and general conditions of work and life in rural areas, as well as to increasing the national income and achieving a better distribution thereof.