Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee recalled the need to amend the Settlement of Disputes (Essential Services) Act of 1939, as amended by Ordinances Nos. 57, 92, 51 and 32 in 1973, 1981, 1988 and 1994 respectively, which empower the authorities to refer a dispute to compulsory arbitration to prohibit a strike or to terminate a strike in such services as postal, monetary, financial and revenue collecting services and transport services and services in which petroleum products are sold, which are not "essential services" in the strict sense of the term. The Committee had noted the Government’s statement in a previous report to the effect that discussions were under way regarding the amendment of the list of essential services.

Referring to its previous comments, the Committee had noted with satisfaction that Ordinance No. 117 of 13 November 1998 excluded all revenue collecting services of the Government from the field of application of the Settlement of Disputes (Essential Services) Act.

Nevertheless, the Committee expresses its firm hope that the Government will pursue its amendment of the list of essential services so that restrictions on the right to strike apply only to the essential services in the strict sense of the term, whose interruption would endanger the life, personal safety or health of whole or part of the population and to public servants exercising a function of authority in the name of the State. It requests the Government to indicate in its next report the measures taken or envisaged in this regard and to provide a copy of amendments bringing national legislation into full conformity with the principles of freedom of association at an early date.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.