Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest from the Government’s report that the Kiribati tripartite committee drafted, with the assistance of the ILO, several amendments to national labour laws in order to give effect to the Committee’s previous comments. The Committee also notes however, that certain issues have not yet been addressed in the draft or are still under consideration.

Application of the Convention. In its previous comments, the Committee noted that section 3 of the Industrial Relations Code excludes prison officers from the application of the provision concerning collective labour disputes and reminded the Government that prison officers should enjoy the rights and guarantees enshrined in the Convention. The Committee notes from the Government’s report that due note has been taken of this comment which is currently under review by the Ministry of Labour, the Kiribati Chamber of Commerce and Industry and the Kiribati Trade Union Congress. The Government will inform the Committee on the outcome and measures taken as a result of these discussions. The Committee hopes that the discussions will lead to the amendment of section 3 of the Industrial Relations Code so that prison officers are not excluded from the rights and guarantees enshrined in the Convention.

Articles 1 and 3 of the Convention. In its previous comments, the Committee had noted that protection against acts of anti-union discrimination existed only at the time of hiring, and requested the Government to take measures to amend the legislation so as to ensure comprehensive protection against such acts during the employment relationship and at the time of dismissal. The Committee had also requested the Government to take measures so that the legislation includes express provisions for appeals and establishes sufficiently dissuasive sanctions against acts of anti-union discrimination for membership or participation in the activities of a trade union.

The Committee notes from the text of the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, that section 21 of the Trade Unions and Employer Organisations Act is to be amended by adding a subsection (3) according to which “nothing contained in any law shall prohibit any worker from being or becoming a member of any trade union, or cause a worker to be dismissed or otherwise prejudiced by reason of that worker’s membership or participation in the activities of a trade union”. Furthermore, according to subsection (4) no employer shall make it a condition of employment of any worker to neither be nor become a member of a trade union and any such condition in any contract of employment shall be void. The Committee also notes that according to subsection (5), “[a]ny employer who contravenes subsection (4) … shall be liable to a fine not exceeding US$1,000 and to a term of imprisonment not exceeding six months”. The Committee notes that whereas sufficiently dissuasive sanctions are provided for in relation to subsection (4), no sanctions are established in relation to a violation of subsection (3). The Committee therefore requests the Government to indicate in its next report the measures taken in order to modify the provisions of the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, so that sufficiently dissuasive sanctions are imposed where a worker is dismissed or otherwise prejudiced because of his or her trade union membership or participation in the activities of a trade union.

Articles 2 and 3. In its previous comments, the Committee noted that, in the national legislation, no specific legal provisions dealt with the issue of mutual interference between employers’ and workers’ organizations and that there were no rapid procedures and sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations. The Committee notes from the Government’s report that due note has been taken of this comment which is currently under review by the Ministry of Labour, the Kiribati Chamber of Commerce and Industry and the Kiribati Trade Union Congress. The Government will inform the Committee on the outcome and measures taken as a result of these discussions. The Committee hopes that the review currently under way will lead to measures to modify the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, so as to introduce provisions which ensure adequate protection against acts of interference in the establishment and functioning of trade unions as well as rapid procedures and dissuasive sanctions in this respect, in accordance with Articles 2 and 3 of the Convention.

Article 4. The Committee notes with interest, that upon adoption of the Trade Unions and Employer Organisations Amendment Bill, section 41 of the Industrial Relations Code will be amended by introducing a comprehensive guarantee of the right to engage in collective bargaining over wages, terms and conditions of employment, the relations between the parties and other matters of mutual interest; this guarantee will apply to every trade union or group of trade unions and also cover public servants under the national conditions of service. Moreover, the amendment provides that regulations may be made generally for the effective exercise of the right to collective bargaining, recognition of most representative organizations and the regulation of collective agreements. The Committee requests the Government to indicate in its next report the progress made in the adoption of the draft amendment to section 41 of the Industrial Relations Code. It further requests the Government to specify the provisions which guarantee this right to federations and confederations and to indicate in the future any regulations adopted to promote the effective exercise of the right to collective bargaining.

Furthermore, the Committee’s previous comments concerned sections 7, 8, 9, 10, 12, 14 and 19 of the Industrial Relations Code, which allow referral of any trade dispute to compulsory arbitration at the request of one party or by decision of the authorities. The Committee is addressing this issue under Convention No. 87.