Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference to its observation, the Committee wishes to raise the following points.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. With regard to its previous comments concerning the discretionary power of the Minister to exclude workers from the scope of the Labour Relations (Amendment) Act, 1997 (section 2(2)), the Committee notes that the Government does not provide any new information. The Committee once again recalls that pursuant to Article 2 of the Convention, workers and employers, without distinction whatsoever, are to have the right to form and join organizations of their own choosing, with the only possible exception being the police and armed forces (Article 9 of the Convention). The Committee once again urges the Government to amend section 2(2) so as to ensure that the discretionary power of the Minister cannot be exercised in such a way as to deny any category of workers the rights guaranteed under the Convention and to keep it informed of any use of this discretionary power.

The Committee notes that in its previous comments it had asked the Government to supply the legislation that guaranteed the right of association to workers in the prison service, judges and registrars of the court, magistrates and local court justices, who are excluded from the scope of the Labour Relations (Amendment) Act, 1997 (section 2). The Committee observes from the Government’s report that the above categories of workers are currently not allowed to belong to either workers’ or employers’ organizations under the Industrial and Labour Relations Act, Cap. 269. The Committee also notes from the latest and previous reports furnished by the Government that discussions are going on as regards allowing security officers to join representative organizations under the Industrial and Labour Relations Act, and that judges and magistrates have formed their own association to jointly articulate and protect their rights. The Committee recalls that the prison service, judges and registrars of the court, magistrates and local court justices, do not fall under the permissible exceptions of Article 9 of the Convention and therefore should be ensured, like all other workers, the right to establish and join organizations of their own choosing in accordance with Article 2 of the Convention. The Committee therefore asks the Government to amend the legislation so as to guarantee the above categories of workers the right to establish and join professional organizations of their own choosing, and to keep it informed of any measures contemplated or taken in this respect.

Articles 3 and 10. Right of organizations to elect their representatives freely. The Committee notes that in its previous comments it had asked the Government to provide information on any cases where a person has been disqualified from being an officer of a trade union. The Committee had observed that, under sections 18(1)(b) and 43(1)(a) of the Labour Relations (Amendment) Act, 1997, such disqualification may take place if a person, having been an officer of an employers’ or workers’ organization whose certificate of registration has been cancelled, fails to satisfy the commissioner that he did not contribute to the circumstances leading to such cancellation. The Committee notes that the Government provides no information in its report on this issue. The Committee therefore once again recalls that having committed an act, the nature of which is not such as to call into question the integrity of the person concerned and is not such as to be prejudicial to the performance of trade union duties, should not constitute grounds for disqualification from trade union office, and requests the Government to amend its legislation accordingly.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to bring the legislation into fuller conformity with the Convention on these matters.