Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report and recalls that its previous comments concerning the Organic Labour Act referred to the following:

-- the requirement for an excessively long period of residence (more than ten years) in order for foreign workers to hold trade union office (section 404);

-- the excessively long and detailed list of duties entrusted to and aims to be achieved by workers' and employers' organizations (sections 408 and 409);

-- the requirement for an excessively high number of workers (100) necessary to form self-employed workers' trade unions (section 418); and

-- the requirement for an excessively high number of employers (ten) needed to establish an employers' trade union (section 419).

The Committee notes the observations made by the Government in which it expresses its disagreement with the comments which the Committee has made for a number of years with regard to the provisions of the Organic Labour Act. The Committee wishes to recall that, by ratifying Convention No. 87, the Government, under the terms of Articles 2 and 3 of the Convention, undertook to respect the rights of workers and employers to establish and join organizations and the right of those organizations to elect their own representatives in full freedom, without any interference from the public authorities which would restrict these rights, and subject only to the rules of the organization concerned. The Committee emphasizes that any regulations relating to the minimum number of members of trade unions or employers' associations, to the election of officers, or to the aims and objectives of such organizations, are a matter solely for the organizations themselves in their own constitutions and rules, and not for legislation.

The Committee also notes, however, the tripartite accord signed on 12 May 1998 to establish within two months an ad hoc Tripartite Committee responsible for drawing up the necessary instruments to bring national legislation and practice into conformity with the requirements of the international labour Conventions ratified by the country.

The Committee hopes that the Government will adopt the necessary measures in the near future to eliminate existing discrepancies between national legislation and the Convention.

The Committee requests the Government to inform it in its next report of any progress made in this respect.

Finally, the Committee is addressing a request directly to the Government.