Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the Government's report as well as the written and oral information provided to the Conference Committee in June 1993 and the detailed discussion which took place there.

With reference to its previous comments, the Committee notes that, according to the information transmitted to the Conference Committee as well as the Government report, the representative National Convention was convened on 9 January 1993 and it has laid down the basic principles to be embodied in the new Constitution that would ensure fundamental rights, including freedom of association for workers. Moreover, new labour laws reflecting the principles of the Convention would replace old ones namely, Act No. 6 of 1964 and implementing Regulation No. 5 of 1976 which establish a system of trade union monopoly. These new laws had been submitted to the appropriate authorities and were now under consideration.

While noting the above information, like the Conference Committee the Committee feels bound to point out that the Government has been giving similar assurances over a period of several years. It notes with concern that no real progress has been made as yet in this respect neither in the legislation nor in practice. It therefore firmly urges the Government to ensure that new legislation is introduced to allow workers to establish first-level unions, federations and confederations of their own choosing and choose an appropriate structure without previous authorization, in order to bring law and practice into full conformity with the requirements of Articles 2, 5 and 6 of the Convention which was ratified more than 35 years ago. It requests the Government to report in detail on any progress made in this regard and to send a copy of the draft legislation along with its next report.

[The Government is asked to report in detail for the period ending 30 June 1994.]