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

The Committee notes the Government’s report and the comments from the International Trade Union Confederation (ITUC) dated 29 August 2008 on the application of the Convention. The Committee notes with regret that the Government has still not provided its observations on the ITUC comments, dated 10 August 2006, concerning the arrest for 24 hours of eight trade union representatives on 27 October 2005. In this regard, the Committee would like to remind the Government that the arrest and detention, even for short periods, of trade union leaders and members engaged in their legitimate trade union activities, without any charges being brought and without a warrant, constitute a grave violation of the principle of freedom of association (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 31).

The Committee notes with regret that the Government’s report does not contain any information on the issues it has been raising for a number of years. The Committee recalls that in its previous comments it requested the Government to amend the legislation on the minimum service organized by the employer to be maintained in the public service that is indispensable for safeguarding the general interest (section 248-15 of the Labour Code), in order to limit the minimum service to operations which are strictly necessary to meet the basic needs of the population, within the framework of a negotiated minimum service. In this regard, the Committee noted that the Government had indicated that section 248-15 had indeed been amended but that it was not in a position to produce the copy of the text amending the provisions of the said section. The Committee recalls that, since the definition of a minimum service restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey, op. cit., paragraph 161). The Committee again expresses the hope that the text amending section 248-15 of the Labour Code takes account of these principles and requests the Government to send it a copy of the text as soon as possible.

The Committee had also requested the Government to indicate any developments in the revision of the Labour Code in its next report and to send it a copy of any draft amendment to that Code in order to ensure its conformity with the provisions of the Convention. The Committee had noted the Government’s indication that the revision work had been completed and that the draft had been submitted for opinion to the National Labour Advisory Commission. The Committee requests the Government to send it a copy of the draft revised Labour Code.