Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Repetition

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC) in communications dated 29 August 2008 and 24 August 2010 concerning the application of the Convention and, more particularly, allegations of serious violence against strikers and the closure of a trade union radio station. Noting that in previous comments, the ITUC had already referred to threats, arrest and prosecution of strikers, the Committee recalls that all appropriate measures should be taken by the Government to guarantee that trade union rights can be exercised in safe and secure conditions and in a climate free of violence, pressure, fear and threats of any kind. The Committee requests the Government to provide its observations in reply to all the abovementioned allegations of the ITUC in its next report.

In its previous observation, the Committee had recalled that, for many years, it had been asking the Government to take the necessary steps to amend or repeal the following provisions, which were inconsistent with Articles 2, 3, 5 and 10 of the Convention:

• – 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The Committee had also noted that Decree No. 12 of 30 June 1980 prohibiting strikes had been repealed. The Committee notes that the Government indicates in its report that a new Labour Code – titled Decent Work Bill (2009) – has been drafted but still needs to be finalized and that a copy of it will be attached to the next report. More particularly, the Committee notes that the Government indicates that: (i) Chapter 9, Part Two of the Decent Work Bill attempts to fully address the issues surrounding strikes and lockouts; and (ii) issues arising under sections 4506 and 4601-A of the Labour Practices Law are addressed in Chapter 2 (section 6(a)) of the Decent Work Bill which provides that “all employers and workers, without distinction whatsoever, may establish and join organizations of their own choosing without prior authorization, and subject only to the rules of the organization concerned”. The Committee requests the Government to take the necessary measures to ensure that the Decent Work Bill will be enacted in the very near future and will repeal all the provisions of the legislation that had previously been identified as in violation of ILO Conventions, including section 4102 of the Labour Practices Law.

The Committee requests the Government to provide in its next report information on any development in this respect, as well as a copy of the Decent Work Bill once adopted and of the law which repealed Decree No. 12 of 30 June 1980 prohibiting strikes.