Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report. It also notes the Government’s indication concerning the adoption of a new Constitution, a copy of which will be sent to the Office. The Committee observes that collective bargaining is not governed by legislation and requests the Government to indicate whether the right to collective bargaining also applies to the public service.

The Committee notes the Government’s indication, in the context of the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that the bill concerning the legal framework of collective bargaining has still not been adopted. The Committee reiterates the importance of adopting the bill as soon as possible, of securing the right to collective negotiation of their conditions of work and employment to all workers in the public and private sectors, including public servants, and also of securing to them the right to regulate, by means of collective agreements, relations between the workers and employers and relations between the employers (or employers’ organizations) and one or more workers’ organizations. The Committee requests the Government to indicate the progress of the legislative procedures relating to the adoption of the bill and to take all possible steps to ensure its adoption in the very near future.

Furthermore, the Committee notes that the elected representatives are elected by the trade union membership.

The Committee reminds the Government that, in establishing the rules of procedure for collective bargaining, consultation and negotiation must take place with the most representative workers’ and employers’ organizations. The Committee requests the Government to adopt measures towards this end.

The Committee notes the Government’s statement that the Labour Directorate of the Ministry of Labour might act as an intermediary between the parties to collective bargaining, including in order to ensure the effectiveness of the agreement. The Committee requests the Government to provide further information on the role of the Labour Directorate in the collective bargaining process.

Finally, the Committee notes the Government’s statement that no collective agreements currently exist in the country owing to geographical factors. The Committee invites the Government to avail itself of technical assistance from the ILO to resolve this major issue.