Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes the Government's report and recalls that for many years it has been referring in its comments to the following provisions:

1. Trade union monopoly imposed by the Federal Act on State Employees and the Constitution:

(i) the prohibition of the coexistence of two or more unions in the same state body (sections 68, 71, 72 and 73);

(ii) the prohibition of a trade unionist from leaving the union to which she or he belongs (section 69);

(iii) the prohibition of the re-election of trade union officers (section 75);

(iv) the prohibition of unions of public servants from joining trade union organizations of workers or rural workers (section 79);

(v) the extension of the restrictions applicable to trade unions in general to the single Federation of Unions of Workers in the Service of the State (section 84); and

(vi) the imposition by law of the trade union monopoly of the National Federation of Banking Unions (section 23 of the Act issued under article 123(B)XIII(bis) of the Constitution).

The Committee notes the information provided by the Government to the effect that, within the framework of the tripartite social dialogue that it is promoting, a formal mechanism for dialogue has been established on possible amendments to the federal labour legislation and that the Committee of Experts will be informed of its results in due course. Nevertheless, the Committee is bound to regret once again that, despite the time that has elapsed since the ratification of the Convention in 1950 and the first comments of the Committee, the Government has made no reply on the matters raised or concerning the measures taken in practice to bring its legislation into conformity with the provisions of the Convention and the principles of freedom of association.

In these circumstances, the Committee once again urges the Government to take the necessary measures as soon as possible to repeal or amend the above provisions of the Federal Act on State Employees and of the Constitution in order to bring the national legislation into conformity with the Convention and guarantee workers in the service of the State the right to establish organizations of their own choosing including, if they so wish, those outside the existing structure, in accordance with Article 2 of the Convention.

2. Right of workers to elect their representatives in full freedom. The Committee regrets to note that once again the Government has not provided its comments on section 372(II) of the Federal Labour Act, which prohibits foreigners from being members of trade union executive bodies. In these conditions, the Committee is bound to request the Government once again to take measures to allow foreign workers to take up trade union office, at least after a reasonable period of residence in the country, or where reciprocity conditions exist, at least for a certain proportion of trade union leaders (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 118).

The Committee expresses the firm hope that full account will be taken of its comments in the amendment to the labour legislation to which reference is made and it once again urges the Government to provide information in its next report on any developments with regard to all of the matters raised.

[The Government is asked to report in detail in 1999.]