Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

The Committee recalls that its previous comments referred to the importance of clear recognition being given in the legislation to the right to organise and to collective bargaining of workers in public bodies and autonomous enterprises producing goods or supplying services for the public, and of recognising expressly the right of public servants to associate not only for cultural and social purposes (section 31 of Act No. 200) but also for the purposes of furthering and defending their social and economic interests. The Committee also emphasised the need to repeal section 36 of Act No. 200, which prohibits public servants from adopting collective resolutions against the measures taken by the competent authorities. In connection with these matters, the Committee notes that the Committee on Freedom of Association has once again been called upon to examine allegations concerning the refusal to grant legal personality to an organisation of public employees (see 281th Report, Case No. 1546, paragraphs 97 to 106, approved by the Governing Body in March 1992).

The Committee also recalls that it commented on sections 353 (the requirement of three-quarters of the members to call a strike) and 360 (services in which strikes are prohibited, despite the fact that not all of these services affect the life, personal safety and health of the population, in particular transport, basic commodities, fuel for transport and banks) of the Labour Code; sections 284 (submission of collective disputes to compulsory arbitration) and 291 (dismissal of the workers who have ceased work during the procedure) of the Code of Labour Procedure; and section 285 of the Labour Code (prohibition on trade unions from receiving subsidies or economic assistance from foreign or international organisations).

The Committee notes the Government's statement in its report that the new Labour Code will provide for national legislation to be brought in line with the international Conventions, and repeal all laws that restrict or suppress international achievements in the labour, political and social fields.

The Committee has been informed that the authorities have requested technical assistance from the International Labour Office in drafting a bill on freedom of association, with a view to bringing the legislation into conformity with the Convention.

Since the questions raised are of great importance and the Committee has been pressing them for many years, the Committee expresses the firm hope that at its next meeting it will be able to note tangible results with regard to bringing the legislation into conformity with the Convention, particularly as regards the freedom of association of public servants and employees.

[The Government is asked to provide full particulars at the 79th Session of the Conference.]