Observación (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

The Committee notes the Government's report and the conclusions of the Committee on Freedom of Association concerning Case No. 1751 (295th Report, paragraph 373, approved by the Governing Body at its 261st Session, November 1994).

The Committee recalls that its previous comments referred to:

-- the disbanding of associations of public employees by the Executive (section 13 of Act No. 520 of 1920);

-- the requirement that federations must obtain a two-thirds majority vote in order to form confederations (section 383 of the Labour Code); and

-- the refusal of certain enterprises in free trade zones to form unions, and the disregard of trade union privileges.

With regard to the disbanding of associations of public employees by the Executive (section 13 of Act No. 520 of 1920), the Committee notes with satisfaction that the implementing Regulations of the Civil Service and Administrative Careers Act (of 29 March 1994) provides expressly, in section 142, paragraph VII, that the registration of organizations of public servants may only be quashed by a ruling of the Higher Administrative Tribunal when they engage in activities which are unrelated to their legal purposes.

With regard to the refusal of certain enterprises in the free trade areas to form trade unions, and the disregard of trade union privileges, the Committee notes with interest the information supplied by the Government to the effect that between the entry into force of the new Labour Code (17 June 1992) and the date of drafting the present report (11 October 1994) there have been no rejections of applications to register trade unions in the export-processing areas, and during the same period 75 unions and three federations have been registered. The Committee also notes with interest that, owing to the Ministry of Labour's supervision of compliance with trade union rights, there have been penal actions against 54 enterprises, 14 of which have been sentenced.

The Committee none the less observes that the Government has not replied to its comments on the requirement that federations must obtain a two-thirds majority vote in order to form confederations (section 383 of the Labour Code). The Committee stresses that such a requirement is excessive and therefore contrary to Article 5 of the Convention and the principles of freedom of association. It therefore again asks the Government in its next report to state the measures adopted to enable confederations to be formed without impediment, by eliminating excessive restrictions.

With regard to the impugning before the courts of the registration of the Sindicato Unitario Agrícola y Fabril del Ingenio Cristóbal Colón (Case No. 1751), the Committee notes the conclusions of the Committee on Freedom of Association to the effect that all workers of the Ingenio Cristóbal Colón should be able to form and join the union of their choice and that, consequently, the Sindicato Unitario Agrícola y Fabril del Ingenio Cristóbal Colón should be able to operate and carry out its activities (see 295th Report, paragraph 372). The Committee, like the Committee on Freedom of Association, asks the Government to take the necessary measures, including through any appropriate legal action, to guarantee the right to organize of the workers of the Ingenio Cristóbal Colón, and to keep it informed of developments.