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

The Committee notes the information contained in the Government's report and the responses provided to the comments made by the Confederation on Unions of Chad.

The Committee recalls its previous comments on the following points.

1. Right to establish organizations without previous authorization. The Committee had requested the Government, on several occasions, to amend Ordinance No. 27/INT/SUR of 28 July 1962 regulating associations, which subjects the establishment of associations to authorization by the Ministry of the Interior and confers extensive powers on the authorities to oversee the management of associations liable to administrative dissolution, which is contrary to Articles 2, 3 and 4 of the Convention.

2. Right of organization of minors. The Committee, recalling that all workers have the right to freedom of association, noted that, in accordance with section 294(4) of the Labour Code, fathers, mothers or guardians may oppose freedom of association for minors under the age of 16. The Committee emphasized that Article 2 of the Convention guarantees all workers, without distinction whatsoever, the right to establish and join organizations. The Committee had requested the Government to indicate the measures taken or envisaged to amend this provision in order to remove any constraints on the right to organize of minors.

3. Supervision by the authorities of trade union assets. The Committee noted that section 307 of the new Labour Code continues to provide that accounts and the supporting documents for the financial transactions of trade unions must be immediately submitted to the labour inspector, when so requested.

4. Right to strike in the public sector. The Committee again requests the Government to provide information in respect of the application in practice of Decree No. 96/PR/MFPT/94 of 29 April 1994 prohibiting the right to strike in the public sector.

The Committee notes that the Government has not commented on section 307(1), (2) and (4) and indicates only that section 307(3) of the Labour Code constitutes a public order provision from which no exemptions can be made.

The Committee emphasizes that the Act respecting associations must not be applicable to professional organizations such as trade unions, the Convention does not authorize any distinction based on the trade union membership of minors, that there is an infringement of the right of organizations to organize their management when the supervision of trade union assets by the authorities goes beyond a periodical control or when it gives rise to a complaint alleging the misappropriation of funds and that public servants who are exercising a function of authority in the name of the State can be denied the right to strike (see the General Survey on freedom of association and collective bargaining of 1994, paragraphs 68 to 76 and 156 to 158).

The Committee again requests the Government to amend sections 294 and 307 of the Labour Code to bring them into greater conformity with the Convention and to provide information on the application of the Decree of 1994 respecting the exercise of the right to strike in the public sector.

Finally, the Committee again requests the Government to amend Ordinance No. 27/INT/SUR of 28 July 1962 respecting associations which contains several provisions, which are not in conformity with the Convention with regard to the establishment of organizations and the supervision of their activities by the authorities in order to ensure that the Ordinance does not apply to trade unions.

The Committee requests the Government to indicate in its next report the measures which have been taken to bring its legislation into conformity with the Convention.