Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee recalls that its comments have addressed the following issues:

- the adoption of a Trade Union Recognition Bill;

- the need to amend the Public Utility Undertakings and Public Health Services Arbitration Act (Cap. 54:01) which confers on the Minister broad powers to refer a dispute in the services listed in the schedule (which may be revised at the discretion of the Minister) to a tribunal for arbitration without having previously obtained the agreement of the two parties, and renders workers who take part in an illegal strike liable to a fine or two months' imprisonment (section 19).

1. In its previous comment, the Committee noted, on the basis of the conclusions of the Committee on Freedom of Association (Case No. 1330, see 248th Report approved by the Governing Body in March 1987), that the Trade Union Recognition Bill, under consideration since 1979, was to contain provisions concerning the establishment of an independent body for the certification of trade unions, and the determination of the most representative union in a given unit by majority vote. These provisions had received the approval of the workers and employers. The Committee asked for detailed information on the contents of this Bill.

In its report, the Government indicates that no legislation has yet been enacted with regard to trade union recognition but that, when such a law has been enacted, it will be forwarded to the Office.

In the absence of any other information, the Committee again requests the Government to report in detail on the progress of the Bill and to provide a copy of any existing version of it.

2. In its previous comment, the Committee urged the Government to ensure that measures were taken to amend Act Cap. 54:01 to limit recourse to compulsory arbitration in respect of strikes relating to essential services in the strict sense of the term, namely services whose interruption is liable to endanger the life, personal safety or health of the whole or part of the population.

In its report, the Government indicates that this Act is still under consideration by the competent authorities.

The Committee takes note of this statement but, in the circumstances, can only remind the Government that, by conferring on the Minister broad powers to refer to compulsory arbitration disputes in services, not all of which, in the opinion of the Committee, are essential services in the strict sense of the term, and by providing for sanctions (fine or imprisonment) in the event of an illegal strike, the Act compromises the workers' right to strike, which the Committee considers to be one of the essential means available to them to protect their interests.

The Committee again expresses the hope that, as part of the present review of the legislation, Act Cap. 54:01 will be amended to take account of its comments. It asks the Government to provide detailed information on developments in this respect.