Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report.

1. The Committee had noted in its previous observations that the National Advisory Committee on Labour (NACL) had recommended that sections 11(3) and 12(1) of the Trade Union Ordinance of 1941 be amended and repealed, respectively, so that the Registrar no longer had extensive powers to oppose the registration of a trade union.

The Committee has also pointed out section 3(4) of the Industrial Relations Act No. 299 of 1965, which stipulates that the Registrar shall not appoint a trade union for collective bargaining purposes for any class of employees if there is in force a certificate appointing another trade union for that class of employees or any part of that class, and it had noted that the NACL recommended amending that section. The Committee had considered that it should be amended so that a union with the support of a simple majority of the members of a bargaining unit be granted a certificate.

The Committee had requested the Government to take steps to give effect to these recommendations so as to bring its legislation into conformity with Articles 2 and 3 of the Convention.

The Committee notes the assurances of the Government in its report that the recommendations for the amendment of said sections had been forwarded to the competent authority.

The Committee recalls that it has commented on these matters for a number of years and it asks the Government to take effective steps to amend its legislation at an early date, and to keep it informed of any progress made in this respect and to communicate the texts of the amendments as soon as they have been adopted.

2. The Committee had noted that section 6 of the Emergency Powers Act, 1994 (Act No. 472), prohibits public meetings and processions in areas which had been under a state of emergency. The Committee notes the Government's statement that the Act is applicable only in exceptional cases, to areas where a state of emergency has been declared and for the duration of the state of emergency only. The Government further states that the Act is not intended to be of general application within the country nor is it directed against the activities of workers or unionized labour which could lead to an infringement of their right to assemble freely. The Government communicated the Committee's concern to the Attorney General and will convey his reaction in due course.

While noting the Government's statement, the Committee observes that the Emergency Powers Act (No. 472), 1994, provides for very extensive powers (such as the suspension of operation of any law, section 6(2)(viii)) and it wishes to recall once more that freedom of assembly and demonstration constitutes a fundamental aspect of trade union rights (General Survey on freedom of association and collective bargaining, 1994, paragraphs 35-37) and that the authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof, and again urges the Government to repeal this legislation or to exclude explicitly the fundamental trade union rights from its scope of application.