Observación (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

The Committee notes that the Government’s report has not been received. It must repeat its previous observation, which read as follows:

The Committee recalls that its previous comments related to the following points.

1. Right to establish organizations without previous authorization. The Committee had requested the Government on several occasions to amend Ordinance No. 27/INT/SUR of 28 July 1962 regulating associations, which subjects the establishment of associations to the authorization of the Ministry of the Interior and confers extensive powers on the authorities to oversee the management of associations under penalty of administrative dissolution, which is contrary to Articles 2, 3 and 4 of the Convention. The Committee had noted that, in its last report, the Government stated in this respect that, following the intercession of the Ministry of the Public Service, Labour and Employment Promotion with the Ministry of the Interior, the Ordinance of 1962 no longer applies to trade union organizations. The Government stated that all the workers’ and employers’ organizations in the country recognize its non-application. Moreover, the Minister of Labour had expressed his concern at the failure up to the present to repeal this provision.

2. Right of organization of minors. While recalling that all workers have the right to freedom of association, the Committee had noted that under the terms of section 294(4) of the Labour Code, fathers, mothers or guardians may oppose the right to organize of minors under the age of 16 years. The Committee had emphasized that Article 2 of the Convention guarantees all workers, without distinction whatsoever, the right to establish and join organizations. In its last report, the Government had indicated that, due to the slowness of the administration, the texts to be issued under the Labour Code of 1996 had still not appeared. However, it stated that this provision should be eliminated when the texts to be issued under the Labour Code are adopted.

3. Supervision by the authorities of trade union assets. The Committee had noted that section 307 of the new Labour Code continues to provide that the accounts and supporting documents for the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. In this respect, the Government had indicated in its last report that the texts to be issued under the Labour Code on this point should establish further provisions on the conditions under which such controls may be carried out following a representation or complaint by a member of a trade union.

4. Right to strike in the public sector. The Committee had requested the Government to provide information on the application in practice of Decree No. 96/PR/MFPT/94 of 29 April 1994 issuing regulations concerning the exercise of the right to strike in the public service. In its last report, the Government stated that the above Decree, which gave rise to strong opposition by trade union confederations, had never been applied in practice. Once again, the Government stated that the texts which are due to be issued under the Labour Code should explicitly repeal this Decree.

The Committee had noted the Government’s explanations and hopes that the Government will take the necessary measures in the near future with a view to adopting the texts to be issued under the Labour Code of 1996, repealing Ordinance No. 27/INT/SUR of 1962, repealing or amending Decree No. 96/PR/MFPT/94 of 1994; and amending articles 307 and 294 of the Labour Code, in order to bring its legislation into full conformity with the provisions of the Convention. It requests the Government to indicate the measures taken in practice in this respect in its next report.

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