Observación (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

The Committee notes the amendment made in 1996 to section 7(9) of the Trade Unions Act giving broad authority to the Minister to revoke the certification of any registered trade union due to "overriding public interest". Recalling that organizations of workers and employers should not be liable to dissolution by administrative authorities, the Committee requests the Government to amend the Act by repealing the broad authority of the Minister to cancel registration so as to bring the legislation into full conformity with this Article of the Convention.

  Articles 5 and 6 (international affiliation)

The Committee notes, that the Trade Unions (International Affiliation) (Amendment) Decree No. 2 of 1999 still provides that an application for affiliation must be submitted with details to the Minister for approval. While noting that a refusal of an application for international affiliation can be appealed to the National Industrial Court, the Committee considers that a provision which requires ministerial approval for international affiliation on the basis of a detailed application infringes on the rights of workers’ organizations to affiliate with international workers’ organizations freely. It therefore requests the Government to indicate the measures taken or envisaged to amend this Decree so that workers’ organizations may affiliate with the international workers’ organization of their own choosing free from interference by the public authorities.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.