Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee takes note of the Government’s report. It notes in particular that the codification of the new Labour Bill mentioned in last year’s report has been completed and is currently being examined by the Cabinet before it is transmitted to Parliament for final approval. The Committee requests the Government to transmit a copy of this Bill in order to enable it to examine its conformity with the requirements of the Convention. The Committee trusts that the Bill, once adopted, will ensure full conformity with the provisions of the Convention in particular in respect of its previous comments concerning the following points:

-           the need to modify sections 11(3) and 12(1) of the Trade Union Ordinance of 1941, and section 3(4) of the Industrial Relations Act (IRA) No. 299 of 1965, which, respectively, impose a single trade union system and grant the Registrar extensive powers regarding the registration of trade unions and the approval of negotiators;

-           the need to ensure that any restrictions imposed on public meetings and processions by virtue of the Emergency Powers Act, 1994 (Act No. 472), be limited in scope and duration;

-      the need to amend section 18 of the IRA which provides for compulsory arbitration by the Minister at the request of one of the parties to the dispute;

-      the need to repeal section 22 of the IRA, which provides that a person declaring, instigating or inciting others to take part in a strike considered to be illegal is liable to a fine or one year’s imprisonment, or both.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to bring its legislation into conformity with national practice and, in the meantime, to keep it informed of any prosecutions arising under section 22 of the IRA.