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

The Committee takes note of the Government's report and the conclusions of the Committee on Freedom of Association in Case No. 1699 (see 291st Report of the above Committee, paras. 516-551, approved by the Governing Body at its 258th Session, November 1993).

1. Article 2 of the Convention. The Committee recalls that in its previous comments it pointed out that the following provisions were not consistent with the requirements of the Convention: Act No. 68/LF/19 of 18 November 1968, which subjects the legal existence of a trade union or professional association of public servants to the prior approval of the Minister of Territorial Administration; and section 6(2) of the Labour Code of 1992, under which persons forming a trade union that has not yet been registered, and who act as if the said union has been registered, shall be liable to prosecution.

The Government indicates in its report that matters concerning unions and associations of public servants do not come within the purview of the Ministry of Labour and Social Welfare, and that persons forming a union are subject to the Labour Code and its implementing texts governing matters related to unions. It adds that the provisions of section 6(2) of the Code are not inconsistent with the right of workers to set up unions in full freedom and without prior authorization, and that the procedure for registering a union is merely an administrative formality requiring a declaration, and does not impede the actual establishment of a union.

The Committee observes that, in Case No. 1699, the Committee on Freedom of Association noted that the Government has refused since 1991 to recognize the National Union of Teachers in Higher Education (SYNES), and considered that Act No. 68/LF/19 and section 6(2) of the Labour Code are contrary to the provisions of the Convention. The Committee urges the Government, as did the Committee on Freedom of Association, to recognize the right of teachers in higher education, be they public servants or contract employees, to form unions of their own choosing, and to take the necessary steps to repeal Act No. 68/LF/19 of 18 November 1968, and section 6(2) of the Labour Code, so as to guarantee the right of all workers, without distinction whatsoever, including public servants, to establish professional associations without previous authorization, in accordance with this Article of the Convention.

2. Article 5. With reference to its previous comments concerning section 19 of Decree No. 69/DF/7 of 6 January 1969, under which trade unions or professional associations of public servants may not join a foreign professional organization without obtaining prior authorization from the Minister responsible for "supervising fundamental freedoms", the Committee notes with regret that, in its report, the Government provides no information on the measures taken to bring its legislation into line with the requirements of the Convention. In these circumstances, the Committee again asks the Government to take the necessary steps to ensure that all workers' organizations have the right to affiliate freely with international organizations, in accordance with Article 5 of the Convention.

3. The Committee asks the Government to indicate in its next report all measures that have been taken to put its comments into effect.