Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

1. Articles 1 and 2 of the Convention. The Committee notes the indication in the Government's report that the tripartite committee established to revise the Trade Union Act of 1992 has drawn up a draft Act which takes account of the Committee's observations which has been submitted to the Attorney General. The Committee expresses the firm hope that the draft will strengthen protection of workers and trade union organizations, through rapid, effective procedures and sufficiently dissuasive sanctions, against anti-union discrimination and acts of interference, and asks the Government to keep it informed in this respect.

2. The Committee notes that the Committee on Freedom of Association, in Case No. 1843, examined in March 1998, refers to numerous arrests and detentions frequently followed by acts of torture against trade unionists, as well as acts of interference by the Government in trade union activities. The Committee deplores this situation and emphasizes that freedom of association cannot be exercised in the absence of respect for human rights. Considering the gravity of the situation apparent in the Report of the Committee on Freedom of Association, the Committee asks the Government to take urgent steps to ensure exercise of these rights.

3. Article 4. The Committee has observed on many occasions that section 16 of the Industrial Relations Act of 1976, and also section 112 of the new Labour Code, allow referral of a collective dispute or a collective labour dispute to compulsory arbitration. Recalling the importance it accords to the principle of voluntary negotiation set forth in Article 4, the Committee again requests the Government to take measures to amend the legislation to bring it into conformity with the provisions of the Convention so that arbitration may only be compulsory with the agreement of both parties or in the case of the essential services, and to keep it informed in this respect.