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

The Committee notes the Government’s report and the discussion that took place in the Committee on the Application of Standards of the Conference in 2001. The Committee observes in this connection that the Government agreed to the visit of a direct contacts mission to gather information on the application of the Convention and to prepare amendments so that it would be applied in full. The Committee notes that the Government has informed the Office that it is prepared for the mission to take place during the first quarter of 2002. The Committee also notes the conclusions of the Committee on Freedom of Association in Case No. 2067 (Reports Nos. 324, 325 and 326).

The Committee recalls that for many years it has referred in its comments to the following provisions of the Basic Labour Act which need to be amended so as to bring the legislation into line with the Convention;

-  the requirement of an excessively long period of residence (more than ten years) for foreign workers to be eligible for trade union office (section 404);

-  the excessively long and detailed list of duties entrusted to and aims to be achieved by workers’ and employers’ organizations (sections 408 and 409);

-  the requirement of an excessively high number of workers (100) to establish trade unions of self-employed workers (section 418); and

-  the requirement of an excessively high number of employers (10) to establish an employers’ organization (section 419).

The Committee observes that in response the Government indicates: (1) that the suggestions of the supervisory bodies have been sent to the Legislative Committee in charge of adapting the labour legislation to the Constitution of the Republic and that the above Committee has recommended revising the whole body of legislation comprising the Basic Labour Act with a view to a comprehensive legal reform in keeping with the current process of change in the country; and (2) that the National Assembly will decide whether the new constitutional requirements call for a comprehensive reform or partial reform of the law. While noting the Government’s statement that the National Assembly will likely submit the matter to a national plebiscite and that as such, no definite time frame can be set for the final result, the Committee recalls that it has been asking the Government for many years to take the necessary measures to make the relevant amendments. In these circumstances, the Committee requests that the Government provide information in its next report on the specific measures it has taken to amend the provisions in question.

Furthermore, in its previous observation the Committee referred to a number of provisions of the Constitution of the Republic of December 1999 which were not in conformity with the provisions of the Convention on which the Government had sent its comments. They are:

1. Article95, which states: "The Constitution and rules of trade union organizations shall require the alternation of executive officers by means of universal, direct and secret suffrage". The Committee notes the Government’s statement that the basis of this provision of the Constitution is the absolute necessity for elections to be held in practice, and the need for alternation in the leadership of the union. In this connection the Committee emphasizes that, according to Article 3 of the Convention, decisions as to any alternation in trade union leadership lies exclusively with workers’ organizations and their members. The Committee therefore asks the Government to take steps to have this provision repealed, and to inform it in its next report of any measures taken to this end.

2. Section 293 and the eighth transitional provision state that the Electoral Authority (National Electoral Council) is responsible for organizing the elections of occupational unions and that pending promulgation of the new electoral laws provided for in the Constitution, elections will be convened, organized, managed and supervised by the National Electoral Council (pursuant to a decree published in Official Gazette No. 36.904 of 2 March 2000 on measures to ensure freedom of association, members of the electoral board were appointed and their duties included that of securing trade union unity and ruling on membership of workers’ organizations). The Committee notes that, according to the Government: (1) the purpose of the National Electoral Council is to ensure observance of the electorate’s wishes and its right to participate directly in trade union matters through free elections which guarantee equal opportunity without any distinction whatsoever; (2) the National Electoral Council has drafted the Transitional Special Statute for renewal of trade union executives after consultation with the trade union organizations involved and that the Statute is temporary in nature; (3) that through Decree No. 36.904 the Executive expressed the need to achieve both the unity of the trade union movement and an electoral process in keeping with the provisions of Article 3 of the Convention, by facilitating universal, direct and secret suffrage. The Committee again reminds the Government that the regulation of trade union election procedures and arrangements must correspond to that which has been established in the trade union statutes and should not be regulated by some body outside the workers’ organization. The Committee again recalls that only the members of trade unions, as determined in the trade union statutes, should be able to participate in trade union elections. Furthermore, the question of trade union unity must not, in any event, be imposed by law, such imposition constituting one of the most serious violations of freedom of association. In these circumstances, the Committee asks the Government to take steps to amend the abovementioned provisions of the Constitution by removing the National Electoral Council’s authority to intervene in trade union elections, and to repeal the abovementioned Decree on measures to ensure freedom of association. The Government is requested to provide information in its next report on any measures taken to this end.

In its previous observation the Committee also noted with deep concern the bills on protection of trade union guarantees and freedoms, and the democratic rights of workers in their trade unions, federations and confederations, which contain provisions that run counter to the guarantees set out in the Convention. The Committee notes the Government’s statement that the trade union federations will decide on whether these bills will be submitted to the National Assembly. The Committee asks the Government to take steps to ensure that Parliament is informed about the incompatibility of the bills with the provisions of the Convention and expresses the firm hope that the bills will be abandoned.

Lastly, the Committee notes that the Committee on Freedom of Association urged the Government to repeal resolution No. 01-00-012 of the Office of the Prosecutor of the Republic requiring trade union officials to make a sworn statement of assets at the beginning and end of their mandate (see 326th Report, Case No. 2067, paragraph 517). The Committee requests that the Government provide information in its next report on any measures taken to revoke the abovementioned resolution.

The Committee expresses the firm hope that it will be possible for all these matters to be resolved in conformity with the Convention and with the assistance of the forthcoming direct contacts mission. The Committee asks the Government to keep it informed in this regard in its next report.