Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report.

Article 1(a), (c) and (d) of the Convention. In its earlier comments, the Committee referred to (i) the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual's association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour; (ii) sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of or in support of such combination illegal and punishable by imprisonment (involving an obligation to perform labour); and (iii) section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, under which workers employed in "essential services" may be prohibited from terminating their contract of service, even by giving notice; sections 16, 17 and 20A of the same Act, under which strikes may be prohibited in various services that, while including those generally recognized as essential, also extend to other services, and contravention of these prohibitions is punishable with imprisonment (involving an obligation to work).

The Committee notes the Government's statement in its report that the labour legislation has been revised to enhance the application of the Convention, but the revised legislation is still in the form of a draft Bill. The Committee trusts that a bill to repeal or revise the abovementioned provisions will be adopted in the near future and that the legislation will be brought into conformity with the Convention. It hopes that the Government will supply information on progress made in this respect and that it will forward a copy of the revised legislation as soon as it is adopted.