Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the detailed information contained in the Government’s report. It also notes the Government’s reply to the comments made by the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), on 10 August 2006 concerning dismissals of trade unionists following strikes and the adoption of a circular by the Minister of the Interior and the resulting orders with a view to limiting recourse to strike pickets. In this respect, the Committee notes the Government’s comments according to which the Labour Court has ordered the reinstatement of a trade union delegate. Moreover, according to the Government, a strike in the automobile sector was characterized by intimidation and violence. The Committee recalls that no one should be subjected to discrimination with regard to employment because of legitimate trade union activities. Moreover, the action of pickets organized in accordance with the law should not be subject to interference by the public authorities. However, the Committee has considered legitimate a legal provision that prohibited pickets from disturbing public order and threatening workers who continued to work. The Committee also notes the observations by the International Trade Union Confederation (ITUC) of 28 August 2007 relating to the same issues as the ICFTU’s communication.

The Committee recalls that its previous comments have for many years concerned the need to take measures for the adoption of objective, pre-established and detailed legislative criteria determining rules for the access of the occupational organizations of workers and employers to the National Labour Council, and that in this respect, the Organic Act of 29 May 1952 establishing the National Labour Council still contains no specific criteria on representativeness, but leaves broad discretionary power to the Government. The Committee notes the Government’s indication that no amendment has been made to the relevant legislation with regard to the criteria for the representativeness of the most representative organizations of employers and workers which have access to the various levels of social dialogue. This situation of socio-political consensus is based, according to the Government, on the de facto situation of the massive and undeniable representativeness of the organizations concerned. The Committee once again recalls that, irrespective of the de facto situation in each country, the determination of the most representative organization must be based on objective, pre-established and precise criteria so as to avoid any possibility of bias or abuse (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 97). The Committee once again expresses the firm hope that the Government will be in a position to adopt legislative provisions establishing specific and appropriate criteria of representativeness in the very near future and it requests the Government to indicate the measures adopted in this respect in its next report.