Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, which are in the process of being translated. The points raised therein will be taken up by the Committee in its subsequent examination of the application of the Convention.

The Committee recalls that for many years it 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.

In this regard, the Committee notes with satisfaction the Government’s statement that Decree No. 12 was repealed by an Act signed into law on 9 October; it requests the Government to provide a copy of the repealing legislation with its next report. The Committee further notes with interest the Government’s indication that it has initiated a labour law reform process that is being facilitated by the ILO. Under this reform process, consultations with stakeholders are being held until December 2008, and will be followed by a National Labour Conference in January 2009; the recommendations emanating from the consultations will be analysed and reviewed at the Conference, with a view to drafting a final revision of the laws. Noting that the foreseen revisions will take into account provisions of the legislation that had previously been identified as in violation of ILO Conventions, including sections 4601-A, 4102 and 4506 of the Labour Practices Law, the Committee expresses the firm hope that the labour law reform process will result in their repeal or amendment in the near future and requests the Government to indicate, in its next report, the progress made in this regard.

Finally, the Committee requests the Government to send its observations in respect of the 2006 ITUC comments concerning threats of arrest and prosecution of civil servants who took part in a strike in 2005.