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

The Committee takes note of the Government’s report. The Committee recalls that its previous comments concerned the following discrepancies between the national legislation and the guarantees provided for in the Convention.

Articles 2 and 3 of the Convention. Legislative restrictions on the right of workers to establish organizations of their own choosing without previous authorization, and on the right of workers’ organizations to formulate their programme of action to further and defend the professional interests of their members without interference by the public authorities.  The Committee had noted that the conditions set out in section 9(1)(b) of the Industrial Relations Act of 1993, for the compulsory registration of trade unions, confer on the Registrar a discretionary power to refuse registration. In its latest report, the Government indicates that the public authorities are not at all involved in the drafting of the workers’ organization’s constitution and their rules and pointed out that the Registrar may refuse to register a trade union under section 9(1)(f) of the Act if its constitution does not contain adequate provision, or it is not organized to provide adequately, for the protection and promotion of the interests of its members in every trade which it purports to represent. While taking note of this information, the Committee recalls that workers’ organizations have the right to draw up their constitutions and their rules and that public authorities should refrain from any interference which would restrict this right, and thus requests the Government to keep it informed in its next reports of any instance where the Registrar has refused registration under sections 9(1)(b) or 9(1)(f).

With regard to senior public officials, namely those exercising senior managerial or policy-making responsibilities, the Committee had drawn the Government’s attention to the fact that these public servants should be entitled to establish their own organizations. In this respect, the Government indicates that all public servants, other than those specified under section 3(2) of the Industrial Relations Act, 1993, are entitled to establish and join organizations of their own choosing. The Government points out that there is a teachers, medical and other public service employees’ union, of which membership is open to senior public officials if they wish to join the union, and that there are currently senior officials who are members of this union. The Committee takes note of this information with interest.

Articles 3 and 10. The right to strike.  The Committee recalls that it has been commenting for several years on the following points:

-  section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-  section 52(4) allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order of the national economy";

-  section 52(1)(b) provides for a cooling-off period of 60 days before a strike may commence; and

-  certain prohibitions of, or restrictions on, the right to strike, which may or may not be in conformity with the principles of freedom of association, sometimes provide for civil or penal sanctions against strikers and trade unions who have violated these provisions.

The Committee notes that the Government indicates in its latest report that an Employment Task Force has been created in the Ministry of Social Affairs and Manpower Development to consider the issues related to sections 52(1)(a)(iv), 52(1)(b), 52(4) and 56(1)(a) and (b). The matter will thereafter be placed before the social partners and other relevant stakeholders at the National Employment and Labour Council for further discussion. The Committee takes note of this information and requests once again the Government to keep it informed of the measures taken or envisaged to amend sections 52(1)(a)(iv), 52(1)(b), 52(4) and 56(1)(a) and (b) in order to bring its legislation into conformity with the principles of freedom of association.