Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report, and the record of the meeting between the Ministry of Labour and Social Security and the Autonomous National Union of Public Administration Personnel (SNAPAP) supplied by the Government. The Committee observes, however, that once again this year the Government’s report contains no replies to its previous comments.

It recalls that its previous comments addressed the following points.

Article 3 of the Convention. Right of organizations to organize their activities and formulate their programmes without any interference from the public authorities. The Committee noted previously that section 1, read together with sections 3, 4 and 5 of Decree No. 92-03 of 30 September 1992, defines as subversive acts offences directed, in particular, against the stability and normal functioning of institutions, through any action taken with the intention: (1) of obstructing the operation of establishments providing public service; or (2) of impeding traffic or freedom of movement in public places or highways, under penalty of severe sanctions including up to 20 years’ imprisonment. The Committee therefore again requests the Government to take steps through legislation or regulation to ensure that none of these provisions may be applied against workers peacefully exercising their right to strike. The Government is asked to report on any instances of these provisions being applied where the right to strike has been exercised.

With regard to section 43 of Legislative Decree No. 90-02 of 6 February 1990, the Committee noted previously that this provision bans strikes not only in essential services the interruption of which would endanger the life, personal safety or health of the population, which the Committee has always considered admissible, but also where the effect of the strike is likely to engender an acute economic crisis. Furthermore, section 48 authorizes the minister or the competent authority, where the strike persists and after the failure of mediation, to refer, after consultation of the employer and the workers’ representatives, a collective dispute to the arbitration commission. The Committee wishes to recall, however, that referral to arbitration in order to end a collective dispute should be allowed only if both parties so request and/or only in the event of a strike in essential services in the strict sense of the term. Consequently, the Committee again urges the Government to amend its legislation along the lines indicated above so as to guarantee fully the right of workers’ organizations to organize their activities and formulate their programmes without interference from the public authorities, in accordance with Article 3 of the Convention.