Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

For several years, the Committee has been noting divergencies between the legislation and the Convention on the following points:

- the powers of the Registrar to oppose the registration of a trade union following any comments or objections concerning an application for registration (sections 11(3) and 12(1)(d) of the Trade Unions' Ordinance, 1941);

- the powers of the registrar, in the context of the procedure of granting recognition for purposes of collective bargaining, to refuse to appoint a trade union for any class of employees if there is in force a certificate as a negotiating representative for that class of employees or any part of that class (section 3(4) of the Industrial Relations Act, No. 299 of 1965);

- the absence of provisions on the right to form and to join federations and confederations and the right to join international organisations of workers and employers, even though, in practice, the Ghana Trades Union Congress and its 17 national organisations are affiliated to the International Confederation of Free Trade Unions (ICFTU) and to the Organisation of African Trade Union Unity (OATUU).

In its previous observation, the Committee noted that the Subcommittee of the National Advisory Committee on Labour had been given the task of examining the comments of occupational organisations on draft amendments to the Industrial Relations Act of 1965.

The Committee notes, from the Government's last report, that the Subcommittee is continuing its work and that the examination of the question will only be begun when the National Advisory Committee on Labour examines the work of the Subcommittee.

The Committee points out that the provisions respecting the powers conferred upon the competent official to refuse to register a trade union are so broad that they could be used in a manner that is contrary to Article 2 of the Convention, by preventing workers from establishing without previous authorisation organisations of their own choosing. With regard to the prohibition upon issuing a certificate designating a trade union in the event of another trade union already being designated, the Committee points out that it is not necessarily incompatible with Article 3 of the Convention to provide for a certificate to be issued to the majority trade union of a particular unit recognising it as the exclusive negotiator for that unit. However, the majority trade union should be determined according to pre-established and objective criteria. Furthermore, the legislation should provide that, if another trade union becomes the majority union, it should be entitled to be issued with a certificate designating it as the exclusive negotiating representative.

The Committee also points out that workers' organisations should have the right to establish and join federations and confederations and freely to affiliate with international organisations in accordance with Article 5 of the Convention.

The Committee expresses the firm hope that measures will be taken in the near future in the light of the points set out above and it requests the Government to supply information in this respect with its next report.