Individual Case (CAS) - Discussion: 2008, Publication: 97th ILC session (2008)

The representative of the Secretary-General informed the Committee that the delegation of Equatorial Guinea was not accredited to the Conference.

The Chairperson of the Committee, referring to the working methods of the Committee, stated that the refusal of a government to participate in the work of the Committee represented a considerable obstacle to the achievement of the main objectives of the International Labour Organization. In the case of governments which were not present at the Conference, the Committee did not examine the substance of the case, but would bring out in its report the importance of the issues raised. A particular emphasis would be put on steps to be taken to resume the dialogue.

The Worker members recalled that Equatorial Guinea was not accredited to the present session of the Conference. Equatorial Guinea had been included in the list of individual cases because of two footnotes in the report of the Committee of Experts under Conventions Nos 87 and 98. The Government had justified the lack of legislation giving effect to the principles contained in these Conventions due to the absence of a trade union tradition in the country. An immediate consequence of this lacuna was the impossibility to bargain collectively. The lack of dialogue between the Committee of Experts and the Government on this point had already been noted under other Conventions, in particular those relating to seafarers. The Government also found it difficult to explain the deficiencies in the application of numerous other Conventions. The negative attitude of the Government had been the subject of criticisms from the International Trade Union Confederation (ITUC) for several years, as trade unionism had been driven underground, whereas several organizations hoped for their official recognition, such as the Trade Union of Workers of Equatorial Guinea (UST), the Independent Services Union (SIS), the Teachers' Trade Union Association (ASD) and the Agricultural Workers' Organization (OTC). This situation showed the will of the workers to engage in a process of social dialogue that would finally allow for the conclusion of collective agreements. The Worker members recalled the possibility for governments encountering difficulties in applying ratified Conventions to benefit from ILO technical assistance. Concerning collective bargaining, its establishment required specific capacity-building for dialogue. The Worker members expressed the wish that the ILO propose to the Government of Equatorial Guinea assistance in the field of freedom of association.

The Employer members drew attention to the reference to Equatorial Guinea in the general observations contained in the 2008 report of the Committee of Experts, which indicated that contacts had been maintained between the Government and the Office through technical assistance. It was hoped that such contacts would bear fruit so that this Committee would be able to discuss the case at its future session.

The Worker member of Spain, speaking on behalf of the General Union of Workers (UGT) and the Trade Union Confederation of Workers' Commissions (CC.OO.), regretted the absence of dialogue with the Government of Equatorial Guinea. She also highlighted that the evident disinterest of the Government of Equatorial Guinea to participate in this annual Conference could be used as a means to avoid the supervision and criticism of this Committee. In view of the absence of fundamental rights in Equatorial Guinea, the Spanish trade unions demon- strated their solidarity and concern at the deplorable conditions existing in the country.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received.

The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 24 August 2010, which refer to the application of the Convention and also to the administrative authority’s persistent refusal to register the Trade Union of Workers of Equatorial Guinea (UST), the Independent Services Union (SIS), the Teachers’ Trade Union Association (ASD) and the Agricultural Workers’ Organization (OTC). The Committee recalls that the discretionary power of the competent authority to grant or reject a registration request is tantamount to a requirement for previous authorization, which is not compatible with Article 2 of the Convention (see General Survey of 1994 on freedom of association and collective bargaining, para. 74). The Committee therefore urges the Government once again to register without delay those trade unions which have fulfilled the legal requirements and provide information in this respect in its next report.

The Committee again recalls that it has been asking the Government for a number of years to: (i) amend section 5 of Act No. 12/1992, which provides that employees’ organizations may be occupational or sectoral – so that workers may, if they so desire, establish enterprise trade unions; (ii) amend section 10 of Act No. 12/1992, which provides that for an occupational association to obtain legal personality it must, inter alia, have a minimum of 50 employees – so as to reduce the number of workers required to a reasonable level; (iii) confirm that, as a result of a revision of the Fundamental Act in 1995 (Act No. 1 of 1995), the right to strike is recognized in public utilities and is exercised under the conditions laid down by law; (iv) provide information on the services deemed to be essential, and on how the minimum services to be ensured are determined, as provided for in section 37 of Act No. 12/1992; and (v) state whether public servants who do not exercise authority in the name of the State enjoy the right to strike (section 58 of the Fundamental Act).

The Committee again urges the Government to take the necessary steps to amend the legislation in order to bring it into full conformity with the provisions of the Convention and to send information in its next report on any measures taken or contemplated in this respect. The Committee expresses the strong hope that the Government will take all possible steps without delay to resume a constructive dialogue with the ILO.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received.

The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 26 August 2009, which refer to the application of the Convention and also to the administrative authority’s persistent refusal to register the Trade Union of Workers of Equatorial Guinea (UST), the Independent Services Union (SIS), the Teachers’ Trade Union Association (ASD) and the Agricultural Workers’ Organization (OTC). According to the ITUC, the administrative authority does not recognize trade unions which are classified as independent and obstructs the registration process. The Committee recalls that the discretionary power of the competent authority to grant or reject a registration request is tantamount to a requirement for previous authorization which is not compatible with Article 2 of the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 74). The Committee therefore urges the Government once again to register without delay those trade unions which have fulfilled the legal requirements and provide information in this respect in its next report.

The Committee recalls that it has been asking the Government for a number of years to:

–      amend section 5 of Act No. 12/1992, which provides that employees’ organizations may be occupational or sectoral – so that workers may, if they so desire, establish enterprise trade unions;

–      amend section 10 of Act No. 12/1992, which provides that for an occupational association to obtain legal personality it must, inter alia, have a minimum of 50 employees in order to reduce the number of workers required to a reasonable level;

–      confirm that, as a result of a revision of the Fundamental Act in 1995 (Act No. 1 of 1995), the right to strike is recognized in public utilities and is exercised under the conditions laid down by law;

–      provide information on the services deemed to be essential, and on how the minimum services to be ensured are determined, as provided for in section 37 of Act No. 12/1992; and

–      state whether public servants who do not exercise authority in the name of the State enjoy the right to strike (section 58 of the Fundamental Act).

The Committee again urges the Government to take the necessary steps to amend the legislation in order to bring it into full conformity with the provisions of the Convention and to send the information requested. The Committee reminds the Government that it may seek technical assistance from the Office in this respect.

Finally, observing that the Conference Committee on the Application of Standards noted with regret at its 2008 meeting that it had been unable to examine the case of the application of the Convention by Equatorial Guinea due to the fact that the Government was not represented at the Conference, the Committee expresses the strong hope that the Government will take all possible steps without delay to renew constructive dialogue with the ILO.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. The Committee also notes that the Conference Committee on the Application of Standards regretted that it was unable to examine the case of the application of the Convention by Equatorial Guinea owing to the fact that the Government was not represented at the Conference.

The Committee also notes the comments from the International Trade Union Confederation (ITUC) dated 29 August 2008, which refer once again to the legislative issues which are under examination and the administrative authority’s refusal to register a number of trade unions, including the Trade Union of Workers of Equatorial Guinea (UST), the Independent Services Union (SIS), the Teachers’ Trade Union Association (ASD) and the Agricultural Workers’ Organization (OTC). The Committee once again urges the Government to register without delay the trade union organizations, whose registration was refused and inform it of the measures taken or envisaged to ensure that workers are able to establish organizations of their choosing.

The Committee recalls that for a number of years it has been requesting the Government to:

–      amend section 5 of Act No. 12/1992, which provides that employees’ organizations may be occupational or sectoral – so that workers may, if they so desire, establish enterprise trade unions;

–      amend section 10 of Act No. 12/1992, which provides that for an occupational association to obtain legal personality it must, inter alia, have a minimum of 50 employees in order to reduce the number of workers required to a reasonable level;

–      confirm that, as a result of a revision of the Fundamental Act in 1995 (Act No. 1 of 1995), the right to strike is recognized in public utilities and is exercised under the conditions laid down by law;

–      provide information on the services deemed to be essential, and on how the minimum services to be ensured are determined, as provided for in section 37 of Act No. 12/1992; and

–      state whether public servants who do not exercise authority in the name of the State enjoy the right to strike (section 58 of the Fundamental Act).

The Committee urges the Government to take the necessary steps to amend the legislation in order to bring it into full conformity with the provisions of the Convention. The Committee expresses the hope that the Government will send a detailed report next year for examination by the Committee in the context of the regular reporting cycle and that it will contain full information on the issues raised.

The Committee expresses the firm hope that the Government will take all possible steps without delay to renew the constructive dialogue with the ILO. Furthermore, taking into account the gravity of the situation, it urges the Government to seek technical assistance from the Office to ensure the full application of the Convention.

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

The Committee notes that the Government’s report has not been received. It notes the comments from the International Trade Union Confederation (ITUC) dated 28 August 2007 concerning legislative issues which are under examination and denouncing once again the administrative authority’s refusal to register a number of trade unions, including the Trade Union of Workers of Equatorial Guinea (UST), the Independent Services Union (SIS), the Teachers’ Trade Union Association (ASD) and the Agricultural Workers’ Organization (OTC). The Committee recalls that it noted that, owing to the lack of a trade union tradition, there were still no workers’ unions operating in the country. The Committee expresses its concern at the circumstances described above and reminds the Government that, under the provisions of Article 2 of the Convention, all workers without distinction shall have the right to establish trade union organizations of their own choosing. The Committee requests the Government to register without delay the trade union organizations the registration of which was refused and keep it informed of the measures taken or envisaged to ensure that workers are able to establish organizations of their own choosing.

With reference to its previous comments, the Committee recalls that it asked the Government to:

–      amend section 5 of Act No. 12/1992, which provides that sectoral employees’ organizations shall bring together employees of two or more enterprises engaged in similar activities, so as to allow the establishment of enterprise trade unions;

–      amend section 10 of Act No. 12/1992, which provides that for an occupational association to obtain legal personality it must, inter alia, have 50 employees as a minimum, in order to reduce the number of workers required to a reasonable level;

–      confirm that, as a result of the revision of the Fundamental Act in 1995 (Act No. 1 of 1995), the right to strike is recognized in public utilities and is exercised in the conditions laid down by law;

–      provide information on the services deemed to be essential, and on how the minimum services to be ensured are determined;

–      state whether public servants who do not exercise authority in the name of the State enjoy the right to strike.

The Committee requests the Government to take the necessary steps to amend the legislation in order to bring it into full conformity with the provisions of the Convention and reply to the requests for information. The Committee requests the Government to keep it informed of all measures taken in this respect. Finally, the Committee points out to the Government that it may seek technical assistance from the Office.

[The Government is asked to supply full particulars to the Conference at its 97th Session and to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU), referring among other things to the administrative authority’s refusal to register a number of trade unions. The Committee also notes a case examined by the Committee on Freedom of Association, which likewise concerns the administrative authority’s refusal to register two trade union organizations (see 340th Report of the Committee on Freedom of Association, Case No. 2431). The Committee expresses its concern at the ICFTU’s allegations and requests the Government to send its comments on them.

In its last observation, the Committee noted that, due to the lack of a trade union tradition, there were still no workers’ unions operating in the country. The Committee again asks the Government, in the context of the regular reporting cycle, to send information on the measures taken or envisaged to ensure that workers are able to establish the organizations they deem appropriate.

The Committee points out to the Government that it may seek technical assistance from the Office in solving these serious problems.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report.

Article 2 of the Convention. Freedom to establish workers’ organizations. In its previous direct request, the Committee observed that section 5 of Act No. 12/1992 provides that sectoral employees’ organizations shall bring together employees of two or more enterprises engaged in similar activities. The Committee takes note of the Government’s statement that, in addition to shared interests, workers in the same enterprise or sector of activity have greater affinity and that there is no intent to restrict workers’ right to organize. The Committee is of the view that workers who so wish should be able to form unions in the enterprise or at the level they deem fit. The Committee requests the Government to take steps to amend the legislative provision in question, so as to allow the establishment of enterprise trade unions, and to provide information on this matter in its next report.

The Committee referred previously to section 10 of Act No. 12/1992, which provides that for an occupational association to obtain legal personality it must, inter alia, have 50 employees as a minimum. The Committee notes the Government’s statement that given the size of enterprises and the realities of the labour market, the weight of a trade union will depend on the size of its membership, but that if it proves unavoidable, the amendment of this provision will be put to Parliament. In the Committee’s view, the minimum number required is too high and so may place too close a restriction on the right of workers to establish organizations of their choosing. The Committee therefore requests the Government to take the necessary steps to amend the abovementioned provision and reduce the number of workers required for an occupational association to obtain legal personality. It requests the Government to inform it of any measures adopted in this respect in its next report.

Articles 3 and 7. Right to strike. The Committee commented previously on section 58 of the Fundamental Act which prohibits strikes in public utilities. The Committee notes the Government’s statement that, thanks to the revision of the Fundamental Act in 1995 (Act No. 1 of 1995), the right to strike is recognized and is exercised in the conditions laid down by law. The Committee requests the Government expressly to confirm that as a result of the above revision, the right to strike is ensured in public utilities.

In its previous direct request, the Committee also asks the Government to provide information on the services deemed to be essential, and on how the minimum services to be ensured are determined. The Committee observes that the Government has not replied to these comments, and asks it to send the information requested in its next report.

Lastly, the Committee asked the Government for information on the exercise of the right to strike in a public service. It observes that the Government has sent no information on this matter. It accordingly requests the Government to state whether public servants who do not exercise authority in the name of the State enjoy the right to strike.

Article 4. Dissolution of workers’ organizations. In its previous direct request, the Committee noted that under section 22 of Act No. 12/1992, an association of workers may be dissolved by a decision of the Council of Ministers based on a proposal initiated by the Ministry of Labour and Social Promotion, and that such a decision means that the administrative procedures have been exhausted. It requested the Government to state whether such decisions may be appealed in the courts of law and whether the lodging of such appeals suspends execution of the decision until the judicial authority has ruled. The Committee notes the information that appeal lies to the judicial authority against administrative decisions pursuant to the Act governing the judicial system of the state central administration and the Legislative Decree regulating administrative procedure, and that execution of such decisions may be stayed.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s report.

In its previous comments the Committee noted that, according to the Government, due to the lack of a trade union tradition, there were still no workers’ unions operating in the country, and requested the Government to provide information on the measures adopted or envisaged to create favourable conditions for the establishment of workers’ organizations. The Committee notes that the Government indicates that four requests for the registration of trade unions have been received, one of which produced positive results and gave rise to the establishment of the Trade Union of Smallholders (OSPA). The other three did not fulfil the legal requirements, a fact which has been notified to those concerned. The Committee expresses its concern at this situation and once again asks the Government to provide information in its next report on the measures adopted or contemplated so as to guarantee that the workers may establish the organizations that they consider appropriate.

The Committee is also addressing a request on other matters directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and its general indication that, due to the lack of a trade union tradition, there are still no workers’ unions operating in the country. In this respect, the Committee requests the Government to provide information on the measures adopted or envisaged to create favourable conditions for the establishment of workers’ organizations.

Article 2 of the Convention. Freedom to establish workers’ organizations. The Committee notes that section 5 of Act No. 12/1992 provides that sectoral employees’ organizations shall bring together employees of two or more enterprises engaged in similar activities and it considers that this provision is contrary to Article 2 of the Convention, under which workers must be able to establish organizations of their own choosing. The Committee also considers that section 10 of Act No. 12/1992, which provides, among other requirements, that, for an occupational association to obtain legal personality, it must have a minimum number of 50 employees, may affect the right of workers to decide freely on the composition of their organizations. In these circumstances, the Committee requests the Government to adopt the necessary measures to amend these provisions so as to allow the establishment of enterprise trade unions and reduce to a reasonable level the minimum number of workers required for the establishment of a trade union. The Committee requests the Government to provide information in its next report on any measure adopted in this respect.

Articles 3 and 7 of the Convention. Right to strike. The Committee notes with interest that section 37 of Act No. 12/1992 reproduces the definition of essential services formulated by the Committee and provides for the maintenance of minimum services in such services. In this respect, the Committee requests the Government to provide information on the manner in which services considered to be essential are determined in practice and how the minimum services to be guaranteed are determined. Furthermore, noting that section 58 of the Fundamental Act prohibits strikes in services of public utility, the Committee requests the Government to provide clarifications on the manner in which this provision of the Fundamental Act is reconciled in practice with section 37 of Act No. 12/1992, which provides for the establishment of minimum services in essential services. The Committee also requests the Government to provide information on the exercise of the right to strike in the public service and recalls that the prohibition of strikes in this sector should be limited to public servants exercising authority in the name of the State.

Article 4. Dissolution of workers’ organizations. The Committee notes that, under the terms of section 22 of Act No. 12/1992, an association of workers may be dissolved by decision of the Council of Ministers, based on a proposal initiated by the Ministry of Labour and Social Promotion, and that such a decision means that the administrative procedures have been exhausted. The Committee requests the Government to confirm in its next report whether such a decision can be appealed to the courts and to indicate whether the lodging of an appeal to the courts has a suspensive effect, that is, whether it suspends the effect of the decision for the dissolution of the organization until the judicial authority has ruled on the case.