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

The Committee takes note of the Government’s report.

The Committee recalls that its previous comments referred to the need to amend legislation so that restrictions on the right to strike would only be imposed in the case of essential services, meaning the services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in case of an acute national crisis. The Committee noted that the banana, citrus and coconut industries were included in the schedule of essential services annexed to Act No. 18 of 1986 on industrial relations, making it possible to stop a strike by compulsory arbitration, and that sections 59(1)(b) and 61(1)(c) of this Act empowered the Minister to refer disputes to compulsory arbitration if in his opinion it concerned serious issues.

The Committee further notes that the port authority still appears to be on the list of essential services. In this respect, the Committee draws the Government’s attention to paragraph 160 of its 1994 General Survey on freedom of association and collective bargaining wherein it states that, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, the authorities could establish a system of minimum service in other services which are of public utility, like the port authority, rather than impose an outright ban on strikes, which would be limited to essential services in the strict sense of the term.

In its previous comments, the Committee noted the Government’s indications that the draft bill drawn up with the assistance of the ILO, which envisaged the deletion of the banana, citrus and coconut industries from the schedule of essential services and limited the powers of the competent minister to refer a dispute to compulsory arbitration to end a strike, was not yet complete. The Committee notes from the Government’s latest report that there has been no change in the legislation or practice.

The Committee urges the Government to take the necessary measures in the very near future to bring legislation on industrial relations into full conformity with the principles of freedom of association and requests it to supply information in its next report on all progress in this area.