Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report.

The Committee recalls that its previous comments concerned the need to amend the national legislation in order to:

-- guarantee that trade union organizations are not subject to dissolution by administrative authority (Act No. 65-40 of 22 May 1965) in accordance with Article 4 of the Convention;

-- allow foreign workers to hold trade union office (section 7 of the Labour Code) in accordance with Article 3;

-- restrict the powers of the authorities to impose compulsory arbitration to bring an end to a strike (sections 238-245 of the Labour Code) to essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee notes that the Government states in its report that the dissolution of trade union organizations by administrative authority is not provided under the draft Labour Code and therefore Act No. 65-40 of 27 May 1968 is superseded by the new legislation. The Committee emphasizes that a provision of the new legislation should state specifically that the measures concerning administrative dissolution do not apply to occupational trade unions.

The Committee also notes in connection with foreign workers' right to hold trade union office that the draft Labour Code allows this possibility in accordance with certain residence conditions of the foreigner in Senegal but subject to a reciprocal measure for Senegalese nationals residing in the foreign country.

On the subject of compulsory arbitration in regard to a strike, the Committee notes that the Government states in its report that the provisions of sections 238 to 245 of the Labour Code are not binding and that, in practice, they imply the agreement of the parties in the search for a solution to strike movements. The Committee considers, however, that it is necessary to limit the scope of the power conferred on the Ministry of Labour and Social Security in section 238 in which arbitration may be imposed if the Minister considers that the strike is prejudicial to public order and the general interest. The Committee considers that this power should be limited to essential services the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

Furthermore, the Committee draws the Government's attention to Act No. 76- 28 of 6 April 1976 amending section 6 of the Labour Code which provides that the Minister of State for the Interior has the power to issue or refuse to issue a receipt in accordance with the provisions of section 812 of the Code of Civil and Commercial Obligations in order to recognize the existence of a trade union when it deposits its constitution. The Committee recalls that under Article 2 of the Convention workers have the right to establish organizations of their own choosing without previous authorization. It therefore requests the Government to take the measures to amend this requirement which is contrary to this Article of the Convention.

The Committee notes that, in its report, the Government states it is prepared to study any concrete proposal to bring its legislation into greater conformity with international standards and that ILO technical assistance in this sphere would be desirable. It also notes that, according to the information supplied by the Government, a draft Labour Code discussed in the framework of tripartite negotiations is about to be placed before the National Assembly. The Committee asks the Government to supply a copy of the draft Labour Code to allow it to examine its compatibility with the requirements of the Convention.