Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s report. It notes, however, that the report does not respond to the points the Committee has been raising in its comments for many years.

Articles 2 and 3 of the Convention. Right of workers to establish organizations of their own choosing without previous authorization; right of workers’ organizations to formulate their programme of action without interference by the public authorities. The Committee noted previously that the conditions set in section 9(1)(b) of the Industrial Relations Act of 1993 allow the registrar to refuse registration at his discretion. The Committee also noted that under section 9(1)(f) of the Act, the registrar may refuse registration if the trade union’s constitution does not contain adequate provision, or is not organized to provide adequately, for the protection and promotion of the interests of its members in every trade which it purports to represent. The Committee reminds the Government that workers’ organizations have the right to draw up their own administrative rules and regulations and that the public authorities must refrain from intervening in any way which would impair that right. It therefore once again asks the Government to provide information in its forthcoming reports on any instances of the registrar refusing registration on the basis of sections 9(1)(b) or 9(1)(f).

Articles 3 and 10. Right to strike. For many years the Committee’s comments have focused on the following points:

-  section 52(1)(a)(iv) of the 1993 Industrial Relations Act stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-  section 52(4) allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst other things, "public order or the national economy";

-  section 52(1)(b) provides for a cooling-off period of 60 days before a strike may begin; and

-  certain prohibitions of, or restrictions on, the right to strike which may or may not be in conformity with the principles of freedom of association, sometimes provide for civil or penal sanctions against strikers and trade unions that have violated these provisions.

The Committee notes the Government’s statement that it is strongly committed to bringing its legislation into conformity with the principles of freedom of association. The Committee expresses the firm hope that the necessary steps will be taken in the near future and reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.