Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee takes note of the Government's report and draws the Government's attention to the following points:

Article 2 of the Convention

Concerning the Registrar's power to refuse registration under section 9(1)(b) of the Industrial Act of 1993, the Committee takes note of the decision of the Appeal Court which confirmed the Registrar's decision to refuse registration of a trade union on the grounds that article 15 of the Rules of the Union was ambiguous and too wide and would then conflict with the provisions of the 1993 Industrial Act. In this respect, the Committee requests the Government to inform it if the Union in question has since modified its statutes and if so, if it has been duly registered.

Articles 3 and 10 of the Convention

The right to strike

The Committee recalls its previous comments which dealt with the following points:

-- section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-- section 52(4) allows the minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order or the national economy";

-- section 52(1)(b) provides for a cooling-off period of 60 days before a strike may commence;

-- certain prohibitions of, or restrictions on the right to strike which may be in conformity with the principle of freedom of association sometimes provide for civil or penal sanctions against strikers and trade unions which violate these provisions.

While noting the Government's reply on these comments, the Committee, with regard to section 52(1)(a)(iv), reiterates the point that a simple majority of workers having taken part in the voting in a bargaining unit should suffice to call a strike and urges the Government to amend its legislation accordingly. With respect to section 52(4), the Committee also reiterates its previous comments to the effect that the restrictions on the right to strike should be limited to situations of acute national crisis. Concerning section 52(1)(b), the Committee once again considers the cooling-off period of 60 days before a strike may commence to be too long, especially since persons involved in an unlawful strike are liable to imprisonment for six months under section 56(1)(a) and (b). Finally, the Committee reiterates the fact that, while certain prohibitions or restrictions on the right to strike may provide for civil or penal sanctions against strikers and trade unions which violate these provisions, such sanctions should not be disproportionate to the seriousness of the violations (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 178).

The Committee once again requests the Government to indicate the measures taken or envisaged to amend sections 52(1)(a)(iv), (1)(b) and (4) and 56(1)(a) and (b) in order to bring its legislation into greater conformity with the principles of freedom of association.