Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

        In its previous comments, the Committee had noted the Government’s intention to bring its legislation into conformity with the Convention with ILO technical assistance.

        The Committee recalls that, for many years, its comments have referred to the need:

-      to repeal or amend section 236bis of the Penal Code, which requires that government approval be obtained to establish an association of more than 20 persons; section 34 of the Decree of 4 November 1983, which confers wide powers on the Government to supervise trade unions; and sections 185, 190, 199, 200 and 206 of the Labour Code, which impose compulsory arbitration at the request of one party to end a strike thus imposing excessive restrictions on the right to strike;

-      to give legal recognition to the right to organize of public servants, in order to bring its legislation into conformity with section 35(3) and (4) of the 1987 Constitution, which provides constitutional guarantees of the freedom of workers in the public and private sectors and recognizes their right to strike, while no specific legislation has been adopted in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.