Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee regrets that it has not received the report that was due. Nevertheless, it notes the enactment of the new National Constitution in June 1992 which contains provisions which could improve the effect given to the Convention.

The Committee reminds the Government that its previous comments referred to the lack of protection provided for public servants and workers in public enterprises against acts of interference and anti-trade union discrimination and the need to guarantee them the right to bargain freely.

The Committee recalls that acts of anti-union discrimination have been the subject of many complaints to the Committee on Freedom of Association (Cases Nos. 1275, 1341, 1368, 1435, 1446, 1510, 1546 and 1656 (251st, 259th, 277th, 278th, 281st and 284th Reports of the Committee on Freedom of Association approved by the Governing Body at its Sessions of May 1987, November 1988, February 1991, May 1991, February 1992 and November 1992)).

With reference to sections 10 and 12 of the "Memoranda of agreement on labour relations and social security in the hydro-power plant Yacyreta", which prevent the establishment of associations of employers, the Committee once again requests the Government to determine the scope of these provisions and reminds it that, on the question of the right to collective bargaining, Article 4 of the Convention provides that measures appropriate to national conditions shall be taken, where necessary, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers' organizations and workers' organizations, with a view to the regulation of terms and conditions of employment by means of collective agreements.

The Committee notes with interest that the new Constitution grants the right of association and of collective bargaining both to workers in the private sector and to those in the public sector, as well as the right to resort to optional arbitration (sections 96 and 97).

The Committee hopes that in the new Labour Code and the regulations issued thereunder account will be taken of the comments that it has been making for several years, as well as of the amendments proposed by the ILO through the technical assistance that it has provided, and that in this manner the legislation will be brought into harmony with the Convention. The Committee requests the Government to supply information on the measures which have been adopted in this respect in its next report.

[The Government is asked to supply full particulars to the 80th Session of the Conference and to report in detail for the period ending 30 June 1993.]