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

The Committee notes the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to organize their activities and to formulate their programmes. The Committee notes with regret that the Government does not provide any new information with regard to the Committee’s previous comments concerning restrictions on the right to strike (section 188-3 of the Criminal Code) and on the political activities of trade unions (section 6(1) of Act No. 792 on trade unions of 24 February 1994).

The Committee once again urges the Government to explicitly amend or repeal section 188-3 of the Criminal Code, which contains major restrictions on collective action with a view to disrupting public transport, associated with penalties of imprisonment, and to ensure that any restriction or prohibition on the right to strike is limited to public servants exercising authority in the name of the State or to essential services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

Moreover, the Committee once again urges the Government to amend section 6(1) of Act No. 792 on trade unions, so as to eliminate the absolute prohibition of all types of political activity by trade unions and to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities.

The Committee recalls that in its previous report, the Government had stated that it had referred these matters to the bodies concerned in the ongoing reform of its legislation which would also review the Criminal Code. It requests the Government to communicate in its next report any measures taken or contemplated within the context of this reform in order to address the above comments and bring the legislation into full conformity with the Convention.