Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes with regret that the Government’s report has not been received. It takes note of the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) on the application of the Convention referring to matters already raised by the Committee and to threats of arrest and prosecution by the police to civil servants who took part in a strike in 2005. The Committee requests the Government to send its observations on these matters.

For many years the Committee has been asking the Government to take the necessary steps to amend or repeal the following provisions, which are inconsistent with Articles 2, 3, 5 and 10 of the Convention: 

–      Decree No. 12 of 30 June 1980 prohibiting strikes;

–      section 4601-A of the Labour Practices Law prohibiting agricultural workers from joining industrial workers’ organizations;

–      section 4102, subsections 10 and 11, of the Labour Practices Law providing for the supervision of trade union elections by the Labour Practices Review Board; and

–      section 4506 of the Labour Practices Law prohibiting workers in state enterprises and the public service from establishing trade unions.

The Committee takes note with interest of a report of the judiciary and labour committees of the Senate on the passage of an act to repeal Decree No. 12 and requests the Government to furnish a copy of the repealing legislation with its next report.

Emphasizing the seriousness of these problems, the Committee expresses the firm hope that the Government will take all steps within its reach to repeal or amend these provisions of the Labour Practices Law in the near future in order to bring the legislation fully into conformity with the requirements of the Convention, and requests the Government to provide information in its next report on all measures adopted to this end.

The Committee reminds the Government that the technical assistance of the Office is available should it so desire.