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

While noting that the Government's report has not been received, the Committee acknowledges with interest that under section 24(3) and (4) of the Constitution, which came into force on 7 January 1993, every worker has the right to form or join a trade union of his choice for the promotion and protection of his economic and social interests and that restrictions shall not be placed on the exercise of this right except those prescribed by law. The Committee recalls none the less that the discrepancies between the legislation and the Convention relate to:

1. The extensive powers of the Registrar to oppose the registration of a trade union following any comment or objection concerning an application for registration (sections 11(3) and 12(1) of the Trade Unions Ordinance, 1941) contrary to Article 2 of the Convention.

2. The powers of the Registrar, in the context of the procedure for granting recognition for collective bargaining purposes, to refuse to appoint a trade union for any class of employees if there is already a certificate in force naming a negotiating representative for that class of employees or any part of that class (section 3(4) of the Industrial Relations Act, No. 299 of 1965), contrary to Article 3.

3. The absence of provisions on the right to form and join federations and confederations and the right to join international organizations of workers and employers, contrary to Article 5.

The Committee expresses once again the hope that appropriate amendments will be made to the law in the near future and that the Government will, if necessary, make use of the technical assistance of the ILO so that appropriate measures be taken to eliminate as soon as possible the existing divergencies between the legislation and the Convention and, in particular, to make trade union pluralism possible. The Committee urges the Government to keep it informed of any developments in this regard and to provide a copy of the desired amendments as soon as they are adopted.