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

The Committee takes note of the information contained in the Government's report.

The Committee recalls that its previous comments concerned the need to amend the national legislation in order to:

-- guarantee that trade union organizations are not subject to dissolution by administrative authority (Act No. 65-40 of 22 May 1965) in accordance with Article 4 of the Convention;

-- introduce greater flexibility into legislation to allow foreign workers to hold trade union office (section 7 of the Labour Code), in accordance with Article 3 of the Convention;

-- restrict the powers of the authorities to impose compulsory arbitration to bring an end to a strike (sections 238-245 of the Labour Code);

-- amend provisions which give discretionary powers to the Minister of State for the Interior to issue or refuse to issue a receipt when a trade union deposits its constitution, in accordance with Article 2 of the Convention (Act No. 76-28 of 6 April 1996 amending section 6 of the Labour Code).

The Committee notes with interest the provisions of the new Labour Code (Act No. 97-17 of 1 December 1997), which contains a number of provisions that will improve application of the Convention. The Committee notes, however, that certain discrepancies remain.

1. Establishment of trade unions, federations and confederations without previous authorization (Articles 2, 5 and 6 of the Convention). With reference to its previous comments on the need to repeal Act No. 76-28 of 6 April 1976 amending section 6 of the former Labour Code, which gives the Minister for the Interior discretionary power to issue or not to issue a receipt, in accordance with the provisions of section 812 of the Code of Civil and Commercial Obligations, in order to recognize the existence of a trade union when it deposits its constitution, the Committee notes with regret that section 6 of the new Labour Code reproduces in substance the content of the 1976 Act requiring trade unions, federations and confederations to obtain previous authorization from the Minister for the Interior in order to be formed. The Committee again emphasizes the importance which it attaches to compliance with Articles 2, 5 and 6 of the Convention, which guarantee the right of workers and workers' organizations to establish organizations of their own choosing, without previous authorization. The Committee again requests the Government to amend its legislation to repeal the requirement for previous authorization by the Minister for the Interior for the establishment of trade unions, federations and confederations, in order to bring the legislation into conformity with the Convention on these fundamental points.

2. Election of trade union leaders (Article 3). The Committee notes with interest that section 9 of the new Labour Code no longer reserves the right to stand for election to trade union office exclusively for citizens and allows foreign workers who have been resident in Senegal for at least five years to stand for election to trade union office, provided that reciprocal arrangements apply.

3. Dissolution of trade union organizations by administrative authority (Article 4). The Committee also notes with interest the information provided by the Government in its report to the effect that Act No. 65-40 of 27 May 1968 is superseded by new legislation concerning trade union organizations. The Committee notes, however, that section L.287 of the new Labour Code does not expressly repeal this legislation. It considers that it would be desirable to introduce legislation or regulations expressly providing that the measures for administrative dissolution provided by the 1968 Act do not apply to trade unions.

4. Compulsory arbitration (Articles 3 and 10). As regards the powers of the authorities to impose compulsory arbitration in the case of a strike, the Committee notes with interest that sections L.271-L.274 of the new Labour Code, concerning collective disputes, do not reproduce the previous provisions and allow a strike to be started following the failure of conciliation attempts, subject to prior notice of 30 days.

The Committee hopes that the Government will take all the necessary measures to bring its national legislation into conformity with the Convention. It requests the Government to keep it informed, in its next report, of any progress made in this area and to provide copies of any repealed or amended provisions.

A request regarding certain points is being addressed directly to the Government.