Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 2 of the Convention. In response to previous comments, the Government reiterates that the right to paid educational leave is implemented primarily through collective bargaining but that the lack of capacity to bargain effectively is an obstacle to the implementation of Article 2 of the Convention. The Government indicates that the ongoing labour policy and legislation reform is addressing the problem. The Committee would appreciate being kept informed of any changes in policy, legislation and/or methods of implementation undertaken in light of the above obstacles to fully implementing the provisions of the Convention.

Article 8. Since 1991, the Committee has expressed its concern about the provision contained in paragraph 1.2 of section I of the Parastatal Service Regulations, First Edition, 1984, governing the terms and conditions applicable to attendance at in-service courses or higher education in East Africa, which require recommendation by the Party (see in particular paragraph 404 of the 1991 General Survey on the Convention). In its 2002 report, the Government indicated that the above provision will be corrected in the context of the current labour law reforms. In the report received in 2003, the Government states that the 1984 Parastatal Service Regulations are no longer effective. The Government adds that the issue of discrimination permitted by that provision no longer arises. The Committee trusts that it will be in a position to note this concrete progress in the application of the Convention and would be grateful if the Government would supply a copy of the text that has replaced or derogated the 1984 Parastatal Service Regulations. Please also indicate the measures taken to ensure that workers have equal access to paid educational leave irrespective of race, colour, sex, religion, political opinion, national extraction or social origin.

Part V of the report form. Please also include a general appreciation of the manner in which the Convention is applied in practice, including, if available, the number of workers granted paid educational leave.

[The Government is asked to reply in detail to the present comment in 2004.]