Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee takes note of the Government’s report. It regrets, however, that the Government limits itself to a declaration that it is now trying to bring big holdings of agricultural land under the purview of the labour laws, but that it has not replied to the Committee’s previous comments.

The Committee therefore, once again, stresses that the present Convention applies to all those engaged in agriculture. While agriculture is not expressly excluded from the Industrial Relations Ordinance (IRO) 1969, it is not expressly included and the definitions given in the Ordinance can be interpreted as excluding small agricultural workers like self-employed farmers, sharecroppers, tenants and smallholders, from its application. In fact "employer" is defined in relation to an establishment which means "any office, firm, industrial unit, undertaking, shop or premises in which workmen are employed for the purpose of carrying on an industry, i.e. any business, trade, manufacture, calling, service, employment or occupation" (section 2). This restrictive definition does not include small agricultural holdings which do not run an establishment or farmers working on their own or with their family.

In the light of the foregoing situation, the Committee considers that there is an important gap in the legislation and the Government should take appropriate measures to modify existing statutory laws or enact new laws in relation to workers engaged in agriculture and their right to establish organizations, like industrial workers, in order to comply with its obligation to respect and fully apply this Convention.

The Committee once again requests the Government to provide in its next report detailed information concerning the number of trade unions and associations of agricultural workers. It also requests information on legislative and other measures taken or contemplated to ensure specifically that those engaged in agriculture enjoy the same rights of association and combination as industrial workers, and to repeal any statutory or other provisions restricting such rights.