Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes that the Government’s report has not been received. It nevertheless notes the statements by the Minister of Labour to the Conference Committee in June 2000 and the detailed discussion which followed. The Committee notes that the government representative reiterated his previous statements to the effect that Act No. 68/LF/19 of 18 November 1968 respecting trade unions or occupational associations not governed by the Labour Code, and section 6 of the Labour Code of 1992 are in the process of being amended. Furthermore, the government representative indicated that, in practice, although the texts have not yet been amended, freedom of association exists in practice and trade unions now operate normally in the public service. These trade unions operate without any interference by the Government in their establishment or in the calling and holding of strikes. Finally, the government representative provided the document by which the Central Public Sector Trade Union Organization (CSP) was established.

While noting this information concerning the application of the Convention in practice, the Committee recalls that its previous comments concerned the following points.

1.  Article 2 of the Convention. Previous authorization.  The Committee has been pointing out for several years that Act No. 68/LF/19 of 18 November 1968, under which the existence in law of a trade union or occupational association of public servants is subject to the previous approval of the Minister for Territorial Administration, and section 6(2) of the Labour Code of 1992, under which persons forming a trade union that has not been registered and who act as if the said union has been registered shall be liable to prosecution, are not consistent with Article 2 of the Convention. The Committee once again urges the Government to amend its legislation in the near future to ensure that workers, including public servants, have the right to form organizations of their own choosing without previous authorization.

2.  Article 5. Previous authorization for affiliation to an international organization.  The Committee notes once again that section 19 of Decree No. 69/DF/7 of 6 January 1969 provides that trade unions or occupational associations of public servants may not join a foreign occupational organization without obtaining prior authorization from the minister responsible for "supervising fundamental freedoms". In this respect, the Committee noted the Government’s previous statements to the effect that this Decree is issued under Act No. 68/LF/7 of 19 November 1968 and will be brought into conformity with the Convention once the new Act on civil servants’ unions is promulgated. The Committee once again urges the Government to amend its legislation in the very near future to abolish the need for previous authorization for affiliation to an international organization, which is contrary to Article 5 of the Convention.

[The Government is asked to report in detail in 2001.]