Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information contained in the Government’s report. It notes, in particular, that the Government continues to refer to the fact that a local committee, established to review the provisions of the Industrial Relations Act upon which the Committee has been commenting for many years now, has found these provisions consistent with the cultural and legislative environment of the country.

In this respect, the Committee recalls that its previous comments referred to the need to amend sections 59(4)(a), 61, 65 and 67 of the Industrial Relations Act, 1972, as amended, which can be applied to prohibit a strike which has not been declared by a majority union, or at the request of one party, or in services which are not essential in the strict sense of the term (in particular, the public school bus service), or when the Minister considers that the national interest is threatened, under penalty of six months’ imprisonment.

The Committee further noted that section 69 prohibited the teaching service and employees of the Central Bank from taking industrial action, under penalty of 18 months’ imprisonment, and requested the Government to indicate whether these restrictions were still in force and, if so, to take the necessary measures to repeal them so that teachers and bank employees were not prohibited from undertaking industrial action.

The Committee had suggested that the Government might give consideration to establishing a system of minimum service in services which are of public utility rather than imposing an outright ban on strikes.

Recalling that the right to strike is an intrinsic corollary to the right of association protected by the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 179), the Committee hopes that the Government will make every effort to take the necessary action in the very near future in respect of the abovementioned points, and requests the Government to indicate the progress made in its next report.