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

The Committee takes note of the information provided by the Government in its report concerning the new Labour Code in its amended form of 27 January 1998 (Act No. 98-004), and of the Bill concerning the right to strike.

With reference to its earlier comments on the need to amend legislation under which personnel in public or private enterprises, organizations and establishments whose operation is necessary to the life of the nation may be deprived of the right to strike when the interruption of their service would harm the economy and the higher interests of the nation (section 8 of Ordinance No. 69-14 PR/MFPTRA), the Committee notes with interest that, under the terms of sections 1, 2 and 13 of the Bill concerning the exercise of the right to strike, civil servants, like other workers, have the right to strike and to bargain collectively. The Committee notes that the Bill in question conforms to the principles of freedom of association with regard to the minimum service to be maintained in the event that a strike in strategic sectors would endanger the health or the safety of the whole or part of the population, and provides for the repeal of Ordinance No. 69-14 PR/MFPTRA of June 1969, on which the Committee wishes to make the following comments.

1. The right to establish trade unions without previous authorization (Article 2 of the Convention). The Committee notes that the new Labour Code of 1998 still contains a provision which contravenes the principles of freedom of association. Section 83 stipulates that, in order to obtain legal recognition, trade union statutes must be deposited with the competent authorities, including the Ministry of the Interior, under penalty of a fine, a provision which the Committee views with some concern. Making the deposition of a trade union's statutes with the Ministry of the Interior, on penalty of severe sanctions, a condition for the legal existence of that union may constitute an obstacle to the creation of trade unions. In this respect, the Committee recalls that under the terms of Article 2, workers and employers must have the right to establish organizations of their choice without previous authorization.

2. The right of workers without distinction whatsoever to establish and join trade unions (Article 2). The Committee notes that section 2 of the Labour Code excludes seafarers from its application and stipulates that they are covered by the 1968 Merchant Marine Code. Noting that the Merchant Marine Code (Ordinance No. 38 PR/MTPTPT of June 1968) does not grant seafarers the right to organize or the right to strike, which is an intrinsic corollary of the right to organize, but does provide for sentences of imprisonment for breaches of labour discipline (sections 209, 211 and 215), the Committee asks the Government to ensure that seafarers are granted the protection of the Convention.

The Committee asks the Government to indicate in its next report the measures taken or planned to amend the Labour Code in order to avoid making the deposition of trade union statutes with the Ministry of the Interior, under penalty of a fine, a condition for the establishment of the union. The Committee also requests the Government to keep it informed with regard to the definitive adoption of the Bill concerning the right to strike and of any measures taken or planned to extend the right to organize to seafarers.

Finally, the Committee is addressing a request directly to the Government.