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

The Committee notes the Government’s report.

In its previous observation, the Committee had asked the Government to take measures to amend the legislation or enact new legislation ensuring that self-employed persons engaged in agriculture enjoyed the same rights of association, including the right to strike, as industrial workers. The Committee notes the Government’s indication, in this respect, that farmers as self-employed workers are not covered by the Trade Unions Ordinance of 1935, which lays down the right to association of “workmen”, but that they may form farmers’ organizations in line with the provisions of Agrarian Services (Amendment) Act, No. 4 of 1991. The Committee notes that, according to section 56(A)(4) of the latter, the purposes of a farmers’ organization include, inter alia: the formulation and implementation of agricultural programmes; the carrying out of village-level construction work; the marketing of produce; the promotion of cooperation with government organizations; and engaging in any other activity approved by the Commissioner as being beneficial to the farming community. The Committee further notes that the objectives of a trade union, as set out in section 2 of the Trade Unions Ordinance, include the regulation of relations between workmen and their employer, the representation of workmen in trade disputes and the promotion and organization of strikes. In this regard, the Committee observes that farmers’ organizations would appear not to enjoy the same association rights as those provided for in the Trade Unions Ordinance, particularly the right to represent members in disputes and the right to engage in strikes. In these circumstances, the Committee requests the Government to take the necessary steps to ensure for self-employed farmers the same association rights, including the right to represent members and the right to strike, that industrial workers are accorded under the Trade Unions Ordinance of 1935.