Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its report.

For several years the Committee's comments have been related to section 1(4) of Act 65-40 of 22 May 1965 concerning seditious associations, which permits the dissolution by decree of associations or groups whose activities would be such as to disrupt, by unlawful means, the functioning of the constitutional order.

In its previous observation, the Committee noted that a bill on this subject excluded workers' and employers' occupational organisations from the scope of Act 65-40 in respect of administrative dissolution. The bill was to be submitted to the Minister of the Interior for his comments.

In its report, the Government indicates that, although the Minister of the Interior expressed reservations of such a nature as to take all value from the prepared text, discussions are continuing between the Ministries of Labour and the Interior.

While noting this statement, the Committee recalls that this provision of Act 65-40, to the extent that it could be applied to occupational organisations, would be contrary to Article 4 of the Convention, which forbids any dissolution of a workers' organisation by administrative authority. It therefore trusts, as the Government emphasises, that it will be possible to find a solution to this matter and requests the Government to indicate the progress that has been achieved in its next report.