Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the comments made by the International Trade Union Confederation (ITUC), dated 24 August 2010, concerning the application of the Convention and in particular the impossibility for senior managers of the Central Bank of West African States (BCEAO) to organize. The Committee notes the Government’s reply indicating that the legislative texts referred to by the ITUC, namely the Labour Code, do not deny senior managers of the BCEAO the right to organize and that the labour inspectorate has received no complaints in this regard.

Article 3 of the Convention. Right of workers’ organizations to formulate their programmes without interference from the public authorities. For several years, the Committee has been stressing the need to amend section L.229 of the 1992 Labour Code in order to limit the power of the Ministry of Labour to resort to arbitration to end strikes liable to cause an acute national crisis. This section allows the Minister of Labour to refer certain disputes to compulsory arbitration, not only where they involve essential services the interruption of which is likely to endanger the life, personal safety or health of the population, but also where the dispute is likely to “jeopardize the normal operation of the national economy or involves a vital industrial sector”. The Committee notes that the Government’s report mentions the validation in July 2010 of a study on the conformity of the labour legislation with the fundamental labour conventions and the preparation of a draft amendment text which includes the revision of section L.229 of the Labour Code. The Committee hopes that the Government will indicate in its next report that tangible progress has been made in amending section L.229 of the Labour Code to bring it into conformity with the requirements of the Convention. The Committee requests the Government to provide a copy of any text adopted in this regard.

Furthermore, the Committee previously noted that a draft revision of Decree No. 90-562 P-RM of 22 December 1990 establishing the list of services, positions and categories of workers strictly indispensable to the maintenance of a minimum service in the event of a strike in the public services was the subject of consultations under way with the social partners. The Committee notes that the Government indicates in its report that the draft decree was adopted by the Government during the Council of Ministers on 11 June 2010. The Committee requests the Government to provide a copy of the draft Decree revising Decree No. 90-562 P-RM of 22 December 1990.