Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied by the Government in its report.

1. Article 1 of the Convention. With reference to the Committee's previous comments concerning the insufficiency of legislative provisions to ensure adequate protection against acts of anti-union discrimination against workers' representatives, the Government indicates that the Constitution as well as certain provisions of the new Labour Code No. 5 of 1995 guarantees such protection. The Government further states that certain provisions of the draft Trade Unions Act provides protection for workers' representatives.

The Committee notes that section 35 of the new Labour Code stipulates that workers' representatives on a trade union committee shall not be dismissed or otherwise disciplined for carrying out their trade union activities in accordance with the Code, the Trade Unions Act and the rules and regulations made thereunder. The Committee therefore trusts that the draft Trade Unions Act, the provisions of which would grant additional protection for workers' representatives, will be adopted shortly.

2. Article 2. The Committee notes the information supplied by the Government to the effect that the draft Trade Unions Act affords various facilities to workers' representatives in order to enable them to carry out their functions promptly and efficiently: for example, section 28 of the draft Trade Unions Act provides for the right of organizations to hold meetings without prior authorization; section 32 of this draft Act grants organizations the right to participate in conferences, meetings and other gatherings relating to work and employment whether on the national, local or international levels for which they shall be entitled to receive wages and indemnities, etc.

The Committee requests the Government to provide a copy of the draft Trade Unions Act as soon as it is adopted.