Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee takes note of the information contained in the Government’s report.

Article 3 of the Convention. Right of workers’ organizations to formulate their programmes without any interference by public authorities which would restrict this right.  The Committee recalls that its previous comments addressed the need to amend section 229 of the Labour Code of 1992 in order to limit the Minister of Labour’s authority to impose arbitration in order to end strikes liable to cause an acute national crisis. The above provision allows the Minister of Labour to impose arbitration not only for disputes involving essential services, the interruption of which is likely to endanger the life, health or safety or the population, which is compatible with the principles of the freedom of association, but also for disputes liable to "compromise the normal operation of the national economy or concerning a vital industrial sector".

The Committee notes the Government’s statement that section 229 of the Code has not been applied in practice. It also notes with interest the Government’s indication that, in order to bring the national legislation into conformity with the intent of the Convention, it has embarked on a revision of the Labour Code which provides that paragraph 2 of section L.229 will be worded as follows: "For disputes involving essential services, the interruption of which would be likely to endanger the life, safety or health of persons, the minister responsible for labour, in the event of disagreement by one of the two parties, shall refer the dispute to the Council of Ministers, which may make the decision of the Arbitration Council binding." The Committee asks the Government in its next report to supply the text of section 229 of the Labour Code as amended to bring the national legislation into harmony with the Convention on this point.

The Committee is also addressing a direct request to the Government on the question of the restriction in the law which impairs the right of minors to join trade unions.