Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the examination by the Committee on Freedom of Association of Case No. 1950 (311th Report, approved by the Governing Body at its 273rd Session (November 1998)). It notes, in particular, the recommendations of the Committee on Freedom of Association concerning the need to ensure that all teachers, regardless of their classification as public servants, are granted the right to strike. The Committee recalls that since 1959 it has been expressing the opinion that the prohibition of strikes by public servants other than public officials acting in the name of the public powers may constitute a considerable restriction of the potential activities of trade unions and that this restriction may run counter to Article 8, paragraph 2, of the Convention (see reminder of this position in the 1994 General Survey on freedom of association and collective bargaining, paragraph 147). The Committee emphasizes the importance of taking the necessary measures so as not to penalize public servants who are not exercising authority in the name of the State, or their organizations, for having exercised the right to strike. It requests the Government to indicate in its next report any measures taken or envisaged in this respect.