Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report. It also notes the statements made by the Minister of Labour to the Conference Committee in June 1999 and the detailed discussion that ensued. The Committee notes that in its report the Government merely reiterates its previous statements to the effect that the procedure to amend the legislative texts is still under way and that it will not fail to keep the Committee informed of relevant amendments in the near future. The Government further indicates that, although the texts have not yet been amended, freedom of association exists in practice: there are several unions in the public sector and they are affiliated to international organizations.

Nevertheless, the Committee recalls that its previous comments concerned the following points:

1. Article 2 of the Convention (previous authorization). For several years, the Committee has pointed out 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 yet 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 take the necessary measures in the near future to ensure that workers, including public servants, have the right to form organizations of their choice, without previous authorization.

2. Article 5 (prior approval for affiliation to an international organization). The Committee again recalls 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 approval from the minister responsible for "supervising fundamental freedoms". The Committee noted previously the Government's earlier 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 take the necessary measures, in the very near future, to abolish prior approval for affiliation to an international organization, which is contrary to Article 5 of the Convention.

The Committee again expresses the firm hope that the Government will take all necessary measures, in the very near future, to bring its legislation in full conformity with the Convention, and asks it to provide a detailed report on such measures.