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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Equatorial Guinea (Ratification: 2001)

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

Previous comment

The Committee recalls that, further to its urgent appeal in 2020, it was bound to examine the application of the Convention in 2021 in the absence of information from the Government. The Committee notes the first report provided by the Government since 2007 on the application of the Convention and encourages it to provide information regularly from now on concerning the application of this fundamental Convention.

Article 4 of the Convention. Collective bargaining. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) concerning the repeated refusal to recognize various unions, namely the Workers’ Federation of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. In this regard, it emphasized once again that the existence of freely established trade unions is a prerequisite for the application of the Convention. The Committee notes the Government’s indications relating to the establishment of a Legislative Commission and a General Directorate of Legislative Regulation, which are currently working on the amendment of the Act on General Labour Regulation, the Action on Inspections and the Act on Trade Unions and Collective Labour Relations, and its hopes that it will soon be possible to discuss these texts with the social partners and share them with the ILO. The Committee also notes the Government’s statement that it regrets that it has not been possible to register the organizations referred to above due to administrative problems and hopes that, despite the fact that their applications have expired under the legislation that is in force, it will be possible to set in motion new procedures under the current legislation. The Committee once again urges the Government to take the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating terms and conditions of employment. The Committee also urges the Government once again to proceed without delay to the registration of the trade unions referred to above which, when they have fulfilled the legal requirements, once again apply for registration, and to provide information on this matter in its next report.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes the Government’s statement that, despite the fact that the Special Act on the Right to Organize of Employees in the Public Administration has not yet been approved, important administrative measures are being adopted with a view to the adoption of legislation on this matter in the near future, and that public employees who are not public servants are already covered by the Act on Trade Unions, the general labour regulations and other labour legislation for the defence of their rights. The Committee also notes the Government’s statement that it will soon request ILO technical assistance for the various areas of the world of work. The Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and urges the Government to adopt the necessary legislative measures to guarantee the right to organize of workers in the public administration and to provide detailed information on the application of the Convention in respect of public servants who are not engaged in the administration of the State.

Application of the Convention in practice. The Committee notes the Government’s indication that it does not have available information on the existence of collective agreements in the country, where the only workers’ trade union, the Trade Union of Small-scale Farmers (OSPA), is limited in its operation and only represents the farming sector, but that it hopes to be able to provide this information in the near future.

Emphasizing with concern the existence of serious shortcomings in compliance with the Convention, the Committee urges the Government to adopt in the near future the measures necessary to enable workers, in law and practice, to bargain collectively their conditions of work through freely established trade union organizations. Taking due note of the Government’s intention to continue to avail itself of ILO technical assistance, the Committee trusts that the Government will be able to provide information in the near future on substantial progress in the application of the Convention.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition
The Committee notes with deep concern that the Government’s report, due since 2007, has not been received. In the light of its urgent appeal to the Government in 2020, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal. The Committee recalls that it previously raised questions about compliance with the Convention in an observation. Having noted the allegations of the International Trade Union Confederation (ITUC) concerning the refusal of the authorities to recognize a number of trade unions, the Committee recalled that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee also made recommendations to bring the labour legislation into conformity with the Convention, in particular with regard to the right to organize and to collective bargaining of workers in the public administration, and requested the Government to provide detailed information on the application of the Convention to public servants not engaged in the administration of the State.In the absence of any indication of progress on these pending issues, despite the technical assistance the Office has provided to the country on several occasions, the Committee refers to its previous observation adopted in 2020 and urges the Government to reply in full to these comments.

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

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

The Committee notes with deep concern that the Government’s report, due since 2007, has not been received. In the light of its urgent appeal to the Government in 2020, the Committee is proceeding with the examination of the application of the Convention on the basis of the information at its disposal. The Committee recalls that it previously raised questions about compliance with the Convention in an observation. Having noted the allegations of the International Trade Union Confederation (ITUC) concerning the refusal of the authorities to recognize a number of trade unions, the Committee recalled that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee also made recommendations to bring the labour legislation into conformity with the Convention, in particular with regard to the right to organize and to collective bargaining of workers in the public administration, and requested the Government to provide detailed information on the application of the Convention to public servants not engaged in the administration of the State. In the absence of any indication of progress on these pending issues, despite the technical assistance the Office has provided to the country on several occasions, the Committee refers to its previous observation adopted in 2020 and urges the Government to reply in full to these comments.

[The Government is asked to reply in full to the present comments in 2022].

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it will proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 4 of the Convention. Collective bargaining. The Committee noted the previous comments by the International Trade Union Confederation (ITUC), on the repeated refusal to recognize a number of trade unions, namely the Workers’ Union of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. The Committee again stresses that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee urges the Government once again to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to ITUC’s comments, the right of workers in the public administration to establish trade unions has still not been recognized in law, despite the fact that section 6 of the Act on trade unions and collective labour relations, No. 12/1992, provides that the right to organize of employees in the public administration shall be regulated by a special law. The Committee notes that the ITUC also indicates that the legal framework for collective bargaining is deficient and ambiguous. The Committee urges the Government to indicate whether a special law has been adopted and whether it establishes the right to organize and to collective bargaining of workers in the public administration, and asks it to send detailed information on the application of the Convention to public servants not engaged in the administration of the State. The Committee reminds the Government that it may seek technical assistance on this matter from the Office, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.

Application of the Convention in practice. The Committee asks the Government to send statistics of the number of employers’ and workers’ organizations, the number of collective agreements concluded with these organizations and the number of workers and the sectors covered.

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

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 4 of the Convention. Collective bargaining. The Committee noted the previous comments by the International Trade Union Confederation (ITUC), on the repeated refusal to recognize a number of trade unions, namely the Workers’ Union of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. The Committee again stresses that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee urges the Government once again to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to ITUC’s comments, the right of workers in the public administration to establish trade unions has still not been recognized in law, despite the fact that section 6 of the Act on trade unions and collective labour relations, No. 12/1992, provides that the right to organize of employees in the public administration shall be regulated by a special law. The Committee notes that the ITUC also indicates that the legal framework for collective bargaining is deficient and ambiguous. The Committee urges the Government to indicate whether a special law has been adopted and whether it establishes the right to organize and to collective bargaining of workers in the public administration, and asks it to send detailed information on the application of the Convention to public servants not engaged in the administration of the State. The Committee reminds the Government that it may seek technical assistance on this matter from the Office, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.

Application of the Convention in practice. The Committee asks the Government to send statistics of the number of employers’ and workers’ organizations, the number of collective agreements concluded with these organizations and the number of workers and the sectors covered.

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

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2012.

Repetition

Article 4 of the Convention. Collective bargaining. The Committee noted the previous comments by the International Trade Union Confederation (ITUC), on the repeated refusal to recognize a number of trade unions, namely the Workers’ Union of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. The Committee again stresses that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee urges the Government once again to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to ITUC’s comments, the right of workers in the public administration to establish trade unions has still not been recognized in law, despite the fact that section 6 of the Act on trade unions and collective labour relations, No. 12/1992, provides that the right to organize of employees in the public administration shall be regulated by a special law. The Committee notes that the ITUC also indicates that the legal framework for collective bargaining is deficient and ambiguous. The Committee urges the Government to indicate whether a special law has been adopted and whether it establishes the right to organize and to collective bargaining of workers in the public administration, and asks it to send detailed information on the application of the Convention to public servants not engaged in the administration of the State. The Committee reminds the Government that it may seek technical assistance on this matter from the Office, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.

Application of the Convention in practice. The Committee asks the Government to send statistics of the number of employers’ and workers’ organizations, the number of collective agreements concluded with these organizations and the number of workers and the sectors covered.

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

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments made in 2012. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 4 of the Convention. Collective bargaining. The Committee noted the previous comments by the International Trade Union Confederation (ITUC), on the repeated refusal to recognize a number of trade unions, namely the Workers’ Union of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. The Committee again stresses that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee urges the Government once again to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to ITUC’s comments, the right of workers in the public administration to establish trade unions has still not been recognized in law, despite the fact that section 6 of the Act on trade unions and collective labour relations, No. 12/1992, provides that the right to organize of employees in the public administration shall be regulated by a special law. The Committee notes that the ITUC also indicates that the legal framework for collective bargaining is deficient and ambiguous. The Committee urges the Government to indicate whether a special law has been adopted and whether it establishes the right to organize and to collective bargaining of workers in the public administration, and asks it to send detailed information on the application of the Convention to public servants not engaged in the administration of the State. The Committee reminds the Government that it may seek technical assistance on this matter from the Office, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.

Application of the Convention in practice. The Committee asks the Government to send statistics of the number of employers’ and workers’ organizations, the number of collective agreements concluded with these organizations and the number of workers and the sectors covered.

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

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 4 of the Convention. Collective bargaining. The Committee noted the previous comments by the International Trade Union Confederation (ITUC), on the repeated refusal to recognize a number of trade unions, namely the Workers’ Union of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. The Committee again stresses that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee urges the Government once again to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to ITUC’s comments, the right of workers in the public administration to establish trade unions has still not been recognized in law, despite the fact that section 6 of the Act on trade unions and collective labour relations, No. 12/1992, provides that the right to organize of employees in the public administration shall be regulated by a special law. The Committee notes that the ITUC also indicates that the legal framework for collective bargaining is deficient and ambiguous. The Committee urges the Government to indicate whether a special law has been adopted and whether it establishes the right to organize and to collective bargaining of workers in the public administration, and asks it to send detailed information on the application of the Convention to public servants not engaged in the administration of the State. The Committee reminds the Government that it may seek technical assistance on this matter from the Office, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.

Application of the Convention in practice. The Committee asks the Government to send statistics of the number of employers’ and workers’ organizations, the number of collective agreements concluded with these organizations and the number of workers and the sectors covered.

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

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

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition
Article 4 of the Convention. Collective bargaining. The Committee noted the previous comments by the International Trade Union Confederation (ITUC), on the repeated refusal to recognize a number of trade unions, namely the Workers’ Union of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. The Committee again stresses that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee urges the Government once again to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating conditions of employment.
Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to ITUC’s comments, the right of workers in the public administration to establish trade unions has still not been recognized in law, despite the fact that section 6 of the Act on trade unions and collective labour relations, No. 12/1992, provides that the right to organize of employees in the public administration shall be regulated by a special law. The Committee notes that the ITUC also indicates that the legal framework for collective bargaining is deficient and ambiguous. The Committee urges the Government to indicate whether a special law has been adopted and whether it establishes the right to organize and to collective bargaining of workers in the public administration, and asks it to send detailed information on the application of the Convention to public servants not engaged in the administration of the State. The Committee reminds the Government that it may seek technical assistance on this matter from the Office, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.
Application of the Convention in practice. The Committee asks the Government to send statistics of the number of employers’ and workers’ organizations, the number of collective agreements concluded with these organizations and the number of workers and the sectors covered.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition
Article 4 of the Convention. Collective bargaining. The Committee noted the previous comments by the International Trade Union Confederation (ITUC), on the repeated refusal to recognize a number of trade unions, namely the Workers’ Union of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. The Committee again stresses that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee urges the Government once again to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating conditions of employment.
Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to ITUC’s comments, the right of workers in the public administration to establish trade unions has still not been recognized in law, despite the fact that section 6 of the Act on trade unions and collective labour relations, No. 12/1992, provides that the right to organize of employees in the public administration shall be regulated by a special law. The Committee notes that the ITUC also indicates that the legal framework for collective bargaining is deficient and ambiguous. The Committee urges the Government to indicate whether a special law has been adopted and whether it establishes the right to organize and to collective bargaining of workers in the public administration, and asks it to send detailed information on the application of the Convention to public servants not engaged in the administration of the State. The Committee reminds the Government that it may seek technical assistance on this matter from the Office, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.
Part V of the report form. Application in practice. The Committee asks the Government to send statistics of the number of employers’ and workers’ organizations, the number of collective agreements concluded with these organizations and the number of workers and the sectors covered.

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

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

The Committee notes the comments made by the International Trade Union Confederation in 2013, reiterating its previous comments.

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:

Article 4 of the Convention. Collective bargaining. The Committee noted the previous comments by the International Trade Union Confederation (ITUC), on the repeated refusal to recognize a number of trade unions, namely the Workers’ Union of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. The Committee again stresses that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee urges the Government once again to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to ITUC’s comments, the right of workers in the public administration to establish trade unions has still not been recognized in law, despite the fact that section 6 of the Act on trade unions and collective labour relations, No. 12/1992, provides that the right to organize of employees in the public administration shall be regulated by a special law. The Committee notes that the ITUC also indicates that the legal framework for collective bargaining is deficient and ambiguous. The Committee urges the Government to indicate whether a special law has been adopted and whether it establishes the right to organize and to collective bargaining of workers in the public administration, and asks it to send detailed information on the application of the Convention to public servants not engaged in the administration of the State. The Committee reminds the Government that it may seek technical assistance on this matter from the Office, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.

Part V of the report form. Application in practice. The Committee asks the Government to send statistics of the number of employers’ and workers’ organizations, the number of collective agreements concluded with these organizations and the number of workers and the sectors covered.

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

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

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:

Repetition
Article 4 of the Convention. Collective bargaining. The Committee notes the comments of 4 August 2011 by the International Trade Union Confederation (ITUC), on the repeated refusal to recognize a number of trade unions, namely the Workers’ Union of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. The Committee again stresses that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee urges the Government once again to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating conditions of employment.
Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to ITUC’s comments, the right of workers in the public administration to establish trade unions has still not been recognized in law, despite the fact that section 6 of the Act on Trade Unions and Collective Labour Relations, No. 12/1992, provides that the right to organize of employees in the public administration shall be regulated by a special law. The Committee notes that the ITUC also indicates that the legal framework for collective bargaining is deficient and ambiguous. The Committee urges the Government to indicate whether a special law has been adopted and whether it establishes the right to organize and to collective bargaining of workers in the public administration, and asks it to send detailed information on the application of the Convention to public servants not engaged in the administration of the State. The Committee reminds the Government that it may seek technical assistance on this matter from the Office, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.
Part V of the report form. Application in practice. The Committee asks the Government to send statistics of the number of employers’ and workers’ organizations, the number of collective agreements concluded with these organizations and the number of workers and the sectors covered.

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

The Committee notes the comments made by the ITUC dated 31 July 2012, reiterating its previous comments.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore recall the points it raised in its previous observation.

Article 4 of the Convention. Collective bargaining. The Committee notes the comments of 4 August 2011 by the International Trade Union Confederation (ITUC), on the repeated refusal to recognize a number of trade unions, namely the Workers’ Union of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. The Committee again stresses that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention. The Committee urges the Government once again to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to ITUC’s comments, the right of workers in the public administration to establish trade unions has still not been recognized in law, despite the fact that section 6 of the Act on Trade Unions and Collective Labour Relations, No. 12/1992, provides that the right to organize of employees in the public administration shall be regulated by a special law. The Committee notes that the ITUC also indicates that the legal framework for collective bargaining is deficient and ambiguous. The Committee urges the Government to indicate whether a special law has been adopted and whether it establishes the right to organize and to collective bargaining of workers in the public administration, and asks it to send detailed information on the application of the Convention to public servants not engaged in the administration of the State. The Committee reminds the Government that it may seek technical assistance on this matter from the Office, and expresses the firm hope that it will take without delay all measures within its reach to resume constructive dialogue with the ILO.

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

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

Article 4 of the Convention. Collective bargaining. The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 24 August 2010, which refer once again to the authority’s refusal to recognize trade unions and, consequently, to the impossibility of exercising their right to collective bargaining. The Committee notes with concern that no progress has been made despite the time that has passed and the repeated requests that it has made. It emphasizes once again that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention and for exercising the right to collective bargaining. The Committee therefore again urges the Government to take the necessary steps without delay for creating appropriate conditions for the establishment of trade unions which can engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to the comments made by the ITUC, the right of workers in the public service to establish trade unions has still not been recognized by law, despite the fact that section 6 of Act No. 12/1992 on trade unions and collective labour relations provides that the right to organize of officials in the public administration shall be regulated by a special law. Consequently, the ITUC indicates that the legal framework for collective bargaining continues to be deficient and ambiguous. The Committee urges the Government to supply information on whether the special law has been adopted, whether this law guarantees public servants’ right to organize and engage in collective bargaining, and to send detailed information on the application of the Convention with regard to public servants who are not engaged in the administration of the State. The Committee reminds the Government that it may avail itself of technical assistance from the ILO in this respect and expresses the strong hope that it 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.

Article 4 of the Convention. Collective bargaining. The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 26 August 2009, which refer once again to the impossibility of establishing any trade union organization which the authority considers to be “too independent”. The Committee recalls that in 2004 the Government indicated in its report that there were no trade unions in the country owing to the lack of a trade union tradition. The Committee emphasizes once again that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention and for exercising the right to collective bargaining. The Committee urges the Government to take the necessary steps without delay for creating appropriate conditions for the establishment of trade unions which can engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to bargain collectively. The Committee notes that, according to the comments made by the ITUC, the right of workers in the public service to establish trade unions has still not been recognized by law, despite the fact that section 6 of Act No. 12/1992 on trade unions and collective labour relations provides that the right to organize of officials in the public administration shall be regulated by a special law. The Committee requests the Government once again to state whether the special law has been adopted, whether this law guarantees public servants’ right to organize, and to send detailed information on the application of the Convention with regard to public servants who are not engaged in the administration of the State.

The Committee infers from the above that the situation concerning collective bargaining is a source of concern and reminds the Government once again that it may seek technical assistance from the Office with regard to these issues. Finally, observing that the Conference Committee on the Application of Standards noted with regret at the 2008 session 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 firm hope that the Government will make every effort without delay to renew a constructive dialogue with the ILO.

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

The Committee notes with regret that it has not received the Government’s report. The Committee also notes that the Conference Committee on the Application of Standards regretted not being able 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.

Article 2 of the Convention. The Committee notes the comments made by the International Trade Union Confederation (ITUC), dated 29 August 2008, to the effect that there is no provision protecting workers against acts of anti-union discrimination. The Committee observes nevertheless that Act No. 12/1992 establishes protection against such acts.

Article 4. Collective bargaining. The Committee notes that the comments made by the ITUC refer once again to the impossibility of establishing any trade union organization which the authority considers to be “too independent”. In 2004, the Government pointed out in its report that there were no trade unions in the country due to a lack of trade union tradition. The Committee emphasizes once again that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention and for exercising the right to collective bargaining. The Committee urges the Government to adopt without delay the necessary measures to create appropriate conditions for the establishment of trade unions which can engage in collective bargaining with a view to regulating conditions of employment.

The Committee also recalls that in its previous observation it noted that section 6 of Act No. 12/1992 on trade unions and collective labour relations provides that the organization of officials of the public administration shall be regulated by a special Act and that the Act had not yet been adopted. The Committee requests the Government once again to indicate whether the special Act has been adopted and ensures public officials’ right to organize, and to provide detailed information on the application of the Convention with regard to public officials who are not engaged in the administration of the State.

The Committee hopes that the Government will send a detailed report for examination next year in the context of the regular reporting cycle, and that this report will contain full information on the matters raised.

Finally, the Committee expresses the firm hope that the Government will take all the measures within its power, without delay, to renew constructive dialogue with the ILO. Furthermore, it urges the Government to seek technical assistance from the Office to ensure full application of the Convention.

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

The Committee notes that no report has been received from the Government.

Article 4 of the Convention. 1. Collective bargaining. The Committee notes the comments made by the International Trade Union Confederation (ITUC), dated 28 August 2007, referring in particular to the impossibility of establishing any trade union organization which the authority considers to be “too independent”. The Committee emphasizes once again that the existence of trade unions is a prerequisite for the application of the Convention and for exercising the right to collective bargaining. The Committee urges the Government once again to adopt without delay the necessary measures to create appropriate conditions for the establishment of trade unions which can engage in collective bargaining with a view to regulating conditions of employment. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

2. The Committee also recalls that in its previous observation it noted that section 6 of Act No. 12/1992 on trade unions and collective labour relations provides that the organization of officials of the public administration shall be regulated by a special Act and that the Act has not yet been adopted. The Committee requests the Government once again to indicate whether the special Act has been adopted and ensures public officials’ right to organize, and to provide detailed information on the application of the Convention with regard to public officials who are not engaged in the administration of the State.

3. The Committee requests the Government to reply to the comment by the ITUC to the effect that no provisions exist for protecting workers against acts of anti-union discrimination.

[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)

1. Article 4 of the Convention. Collective bargaining. The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006 which, in particular, allege that the authorities and employers determine wages without consulting workers or engaging in negotiations. The Committee considers that the comments are related to its previous observation in which it noted the absence of trade unions and recalled that the existence of trade unions is a prerequisite for the application of the provisions of Article 4 of the Convention. Under these conditions, the Committee once again requests the Government to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions and to provide information on any measure adopted in this regard in the context of the regular reporting cycle.

2. The Committee also recalls that in its previous observation it referred to section 6 of Act No. 12/1992 of 1 October 1992 on trade unions and collective labour relations, which provides that the organization of officials of the public administration shall be regulated by a special Act and that the Act has not yet been adopted. The Committee requests the Government, in the context of the regular reporting cycle, to indicate whether the special Act has been adopted and ensures the right to organize of public officials, and to provide detailed information on the application of the Convention with regard to public officials who are not engaged in the administration of the State.

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

The Committee notes the Government’s report and the copy of Act No. 14 regulating the labour inspectorate.

Article 4. In its previous comments, the Committee noted the Government’s statement that because there was no trade union tradition in the country, no workers’ trade unions were yet in operation, and requested the Government to provide information on the measures taken to create conditions conducive to the establishment of trade unions. The Committee notes that, in its latest report, the Government indicates that four trade unions have applied for legal status and that only the Union of Smallholders has been granted such status, being the only one to comply with the legal requirements. The Committee observes, however, that the Government’s report contains no information on the measures taken to create conditions conducive to the establishment of trade unions. The Committee again points out that the existence of trade unions is a prerequisite for the provisions of Article 4 of the Convention to be applied, and requests the Government to adopt without delay the measures needed to create proper conditions for the establishment of trade unions.

Article 6. With regard to section 6 of Act No. 12/1992 of 1 October 1992, on trade unions and collective employment relations, which establishes that the organization of officials of the public administration will be regulated by a special Act, the Committee notes the Government’s indication that the Act has not as yet been adopted. The Committee again draws the Government’s attention to the principles referred to in the previous paragraph and requests the Government to take the necessary steps to have the abovementioned Act adopted without delay to ensure that public employees enjoy the right to organize, and to send detailed information on the application of the Convention in respect of public servants who are not engaged in the administration of the State.

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

The Committee takes note of the Government’s first report.

Article 3 of the Convention. The Committee requests the Government to send a copy of Act No. 14 regulating the Labour Inspectorate.

Article 4. The Committee notes that, according to the Government, there is no trade union tradition in the country, so no workers’ trade unions are yet in operation. The Committee recalls that the existence of trade unions is a necessary prerequisite for the provisions of Article 4 of the Convention to be applied, and requests the Government to send information in its next report on the measures taken or contemplated in order to create conditions conducive to the formation of trade unions.

Article 6. The Committee observes that section 6 of Act No. 12/1992 of 1 October 1992 on trade unions and collective employment relations establishes that the organization of officials of the public administration will be regulated by a special Act. The Committee requests the Government to state whether the above Act has been adopted and, if so, to provide a copy of it. The Committee furthermore requests the Government to send detailed information on the application of the Convention in respect of public servants who are not engaged in the administration of the State.