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

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;

-- amend the provisions which give discretionary powers to the Minister of State for the Interior to issue or refuse to issue a receipt when a trade union deposits its constitution (Act No. 76-28 of 6 April 1976 amending section 6 of the Labour Code of 1961) to bring them into conformity with Article 2 of the Convention.

The Committee takes due note of the information supplied by the Government in its report to the effect that section L.14 of the Labour Code (Act No. 97-17 of 1 December 1997) allows a trade union to be dissolved only by agreement, in accordance with its rules or by a court decision. It also notes the Government's statement that Act No. 65-40 of 1965 applies only to so-called "seditious associations" and not to organizations of workers or employers worthy of the name. The Committee notes, however, that section L.287 of the Labour Code of 1997 does not expressly repeal the provisions on administrative dissolution contained in the 1965 legislation. The Committee reminds the Government that it would be preferable to incorporate in a law or regulations a provision stating expressly that the measures for administrative dissolution established in Act No. 65-40 on associations do not apply to trade unions.

With reference to its previous comments on the need to repeal Act No. 76-28 of 6 April 1976 which gives the Minister of State for the Interior discretion as to the delivery of a receipt as recognition of a union's existence, the Committee notes once again with regret that section L.8 of the Labour Code of 1997 reproduces in substance the provisions of the 1976 Act by subjecting the establishment of trade unions, federations and confederations to previous authorization from the Minister for the Interior. The Committee wishes to recall the importance of Articles 2, 5 and 6 of the Convention, which guarantee the right of workers and workers' organizations to establish organizations of their own choosing, without previous authorization. The Committee also notes the information contained in the Government's report to the effect that the receipt issued by the Minister for the Interior records the date of registration of the organization and amounts at most to an "acknowledgement of receipt". In order to bring the legislation into line with this practice, the Committee once again asks the Government to abolish the requirement of previous authorization from section L.8 of the 1997 Labour Code.

The Committee hopes that the Government will take all necessary measures to bring the national legislation into conformity with the Convention. It requests the Government to inform it in its next report of any progress made in this area and to provide copies of any provisions repealed or amended.

The Committee addresses a request directly to the Government concerning certain points.