Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information supplied by the Government in its report.

1. Article 2 of the Convention. In its previous observations, the Committee noted that the agreement of 1996 was vague and afforded no safeguards for the rights of workers in export processing zones, particularly the right of access for trade union officers, the right to form unions and the right to nominate candidates.

In a previous report the Government stated that the provisions of the Labour Code of 1974 apply to labour relations between employers and workers in the export processing zones established pursuant to Act No. 89-14 of September 1989. The Committee requests the Government to confirm that the provisions of the Labour Code on freedom of association have force of law in these zones.

Noting that, according to the Government, no trade union organizations have complained of candidates not being nominated as trade union delegates for the purpose of representing workers, the Committee asks the Government to provide all available information on the representation of workers in export processing zones (for example, representation by unions, number of members, etc.).

2. Article 3. In its previous comments the Committee noted that section 6 of the Labour Code of 1974 was incompatible with the Convention as regards the right of foreign workers to hold trade union office, at least after a reasonable period of residence in the host country. The Committee noted the draft amendment prepared by the Government to bring section 6 of the Labour Code of 1974 into conformity in this respect. The Committee notes from the information in the Government’s latest report that this legislative amendment has not yet been adopted.

The Committee hopes that the Government will take the necessary steps to ensure that the draft amendment is adopted in the very near future and requests it to provide a copy once it has been adopted.