Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 308, Novembre 1997

Effect given to the recommendations of the Committee and the Governing Body

1. 72. The Committee examined this case at its March 1997 meeting (see 306th Report, paras. 556-575) at which time it urged the Government to amend the legislation regarding dispute settlement, in particular the provisions restricting the right to strike. The Committee further recommended that the Government ensure that police intervention, if it is necessary to enforce the execution of court decisions affecting strikers, takes place in full observance of the elementary guarantees applicable in any system that respects basic civil liberties.
2. 73. In a communication dated 4 September 1997, the Government states that a new law on the settlement of labour disputes is in the process of being drafted in consultation with the social partners. During the discussions on this subject which took place in the tripartite consultative commission established by the Ministry of Labour and Social Protection, the representative of the Ministry acknowledged the willingness of the Government to repeal section 30 of Act No. 15, 1991 respecting the settlement of labour disputes which authorizes the Supreme Court of Justice to suspend a strike for up to 90 days. The Committee notes this information with interest and requests the Government to forward to it a copy of the new law once it is adopted.
3. 74. The Government further acknowledges the importance it attaches to ensuring that all police action takes place pursuant to powers established by law and with full respect for fundamental rights and civil liberties. It states in addition that a human rights committee has been set up by the Ministry of the Interior to investigate violations involving the police. The Committee notes this information and requests the Government to indicate whether the human rights committee has been charged with investigating the particular allegations raised in the case, and to keep it informed regarding the results of such investigations.