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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 172. The Committee last examined this case, which was submitted in
October 2015 and which concerns allegations of legislative shortcomings, including
restrictions on the right to organize, the right to strike and to bargain collectively
to several categories of workers, as well as insufficient protection against acts of
anti-union discrimination, at its June 2019 meeting [see 389th Report, paras 86–90]. On
that occasion, the Committee noted with interest the detailed information provided by
the Government on the proposed amendments to the Labour Relations Act (LRA) and the
State Enterprise Labour Relations Act (SELRA) and noted that the amendments should
expand protection of workers against anti-union discrimination and unfair treatment.
Having recalled the prolonged period of revision of the laws, the Committee expressed
trust that the legislative amendments would be adopted without delay and requested the
Government to keep it informed of any developments in this regard and to provide a copy
of the revised LRA and SELRA once adopted.
- 173. In its communication dated 7 February 2020, the Government informs
that, in order to ensure that all workers are entitled to the right to associate and
collective bargaining in line with international standards, the Ministry of Labour, on
the basis of the recommendations of the Committee, is in the process of amending the LRA
and the SELRA, so as to harmonize them with the principles of freedom of association.
The Government indicates that these amendments are key in preparing for the ratification
of Convention No. 98 and that it is also considering the feasibility of ratifying
Convention No. 87.
- 174. The Committee takes note of the information provided by the
Government. In particular, it welcomes the Government's indication that both the LRA and
the SELRA are being revised taking into account the Committee's recommendations, that
these amendments are key in preparing for the ratification of Convention No. 98 and that
the Government is also assessing the feasibility of ratifying Convention No. 87. In
light of the above, the Committee firmly trusts that the review of the labour
legislation, that has been ongoing for a prolonged period of time, will be concluded
without delay and that the amended laws will be in full conformity with the principles
of freedom of association and collective bargaining. The Committee requests the
Government to keep it informed of the developments with regard to the revision process
and to provide a copy of the revised LRA and SELRA once adopted. The Committee also
encourages the Government to pursue its efforts in aligning national legislation with
freedom of association and collective bargaining, with a view to facilitating the
ratification of the relevant instruments in the future.
- 175. Finally, the Committee requests the governments and/or complainants
concerned to keep it informed of any developments relating to the following
cases.
| Case | | Last examination on the
merits | | Last follow-up
examination |
| 2512 (India) | | November 2007 | | March
2018 |
| 2603 (Argentina) | | November 2008 | | November
2012 |
| 2715 (Democratic Republic of the
Congo) | | November 2011 | | June 2014 |
| 2743
(Argentina) | | March 2013 | | November 2015 |
| 2749
(France) | | March 2014 | | – |
| 2797 (Democratic Republic of
the Congo) | | March 2014 | | – |
| 2807 (Islamic Republic of
Iran) | | March 2014 | | June 2019 |
| 2871 (El Salvador) | | June 2014 | | June 2015 |
| 2892 (Turkey) | | March 2014 | | October
2015 |
| 2925 (Democratic Republic of the
Congo) | | March 2013 | | March 2014 |
| 2962 (India) | | June 2015 | | June 2018 |
| 2977 (Jordan) | | March 2013 | | November
2015 |
| 2988 (Qatar) | | March 2014 | | June
2017 |
| 2991 (India) | | June 2013 | | March
2019 |
| 3003 (Canada) | | March 2017 | | – |
| 3011 (Turkey) | | June
2014 | | November 2015 |
| 3036 (Bolivarian Republic of Venezuela) | | November 2014 | | – |
| 3046 (Argentina) | | November 2015 | | – |
| 3047 (Republic of Korea) | | March 2017 | | – |
| 3054 (El Salvador) | | June 2015 | | – |
| 3058 (Djibouti) | | March
2015 | | March 2019 |
| 3078 (Argentina) | | March
2018 | | – |
| 3083
(Argentina) | | November 2015 | | – |
| 3098
(Turkey) | | June 2016 | | November 2017 |
| 3100
(India) | | March 2016 | | – |
| 3101 (Paraguay) | | October 2015 | | June 2018 |
| 3107 (Canada) | | March 2016 | | – |
| 3110 (Paraguay) | | June
2016 | | – |
| 3119
(Philippines) | | October 2019 | | – |
| 3120
(Argentina) | | March 2019 | | – |
| 3123
(Paraguay) | | June 2016 | | – |
| 3128 (Zimbabwe) | | March 2016 | | June 2019 |
| 3167 (El Salvador) | | November 2017 | | – |
| 3169 (Guinea) | | June 2016 | | – |
| 3182 (Romania) | | November
2016 | | – |
| 3201
(Mauritania) | | June 2019 | | – |
| 3202
(Liberia) | | March 2018 | | – |
| 3209 (Senegal) | | March 2018 | | – |
| 3227 (Republic of Korea) | | March 2018 | | – |
| 3229 (Argentina) | | March 2018 | | – |
| 3237 (Republic of Korea) | | June 2018 | | – |
| 3238 (Republic of Korea) | | November 2017 | | – |
| 3243 (Costa Rica) | | October 2019 | | – |
| 3248 (Argentina) | | October 2018 | | – |
| 3257 (Argentina) | | October 2018 | | – |
| 3268 (Honduras) | | June 2018 | | – |
| 3274 (Canada) | | October
2018 | | – |
| 3276
(Cabo Verde) | | March 2018 | | – |
| 3285
(Plurinational State of Bolivia) | | March
2019 | | _ |
| 3288
(Plurinational State of Bolivia) | | March
2019 | | _ |
| 3290
(Gabon) | | June 2019 | | – |
| 3314 (Zimbabwe) | | October 2019 | | – |
| 3334 (Malaysia) | | October 2019 | | – |
| |
>
- 176. The Committee hopes that these governments will quickly provide the
information requested.
- 177. In addition, the Committee has received information concerning the
follow-up of Cases Nos 1787 (Colombia), 1865 (Republic of Korea), 2086 (Paraguay), 2153
(Algeria), 2341 (Guatemala), 2362 and 2434 (Colombia), 2445 (Guatemala), 2533 (Peru),
2540 (Guatemala), 2583 and 2595 (Colombia), 2656 (Brazil), 2679 (Mexico), 2684
(Ecuador), 2694 (Mexico), 2699 (Uruguay), 2706 (Panama), 2710 (Colombia), 2719
(Colombia), 2723 (Fiji), 2745 (Philippines), 2746 (Costa Rica), 2751 (Panama), 2753
(Djibouti), 2755 (Ecuador), 2756 (Mali), 2758 (Russian Federation), 2763 (Bolivarian
Republic of Venezuela), 2768 (Guatemala), 2793 (Colombia), 2816 (Peru), 2852 (Colombia),
2854 (Peru), 2870 (Argentina), 2872 (Guatemala), 2882 (Bahrain), 2883 (Peru), 2896
(El Salvador), 2900 (Peru), 2916 (Nicaragua), 2924 (Colombia), 2934 (Peru), 2944
(Algeria), 2946 (Colombia), 2948 (Guatemala), 2949 (Eswatini), 2952 (Lebanon), 2954 and
2960 (Colombia), 2966 (Peru), 2976 (Turkey), 2979 (Argentina), 2980 (El Salvador), 2982
(Peru), 2985 (El Salvador), 2987 (Argentina), 2994 (Tunisia), 2995 (Colombia), 2998
(Peru), 3006 (Bolivarian Republic of Venezuela), 3010 (Paraguay), 3016 (Bolivarian
Republic of Venezuela), 3017 (Chile), 3019 (Paraguay), 3020 (Colombia), 3024 (Morocco),
3026 (Peru), 3030 (Mali), 3032 (Honduras), 3033 (Peru), 3040 (Guatemala), 3041
(Cameroon), 3043 (Peru), 3055 (Panama), 3056 (Peru), 3059 (Bolivarian Republic of
Venezuela), 3061 (Colombia), 3065, 3066 and 3069 (Peru), 3072 (Portugal), 3075
(Argentina), 3077 (Honduras), 3085 (Algeria), 3087 and 3090 (Colombia), 3093 (Spain),
3095 (Tunisia), 3096 (Peru), 3097 (Colombia), 3102 (Chile), 3103 (Colombia), 3104
(Algeria), 3131 and 3137 (Colombia), 3146 (Paraguay), 3150 (Colombia), 3162 (Costa
Rica), 3170 (Peru), 3171 (Myanmar), 3172 (Bolivarian Republic of Venezuela), 3177
(Nicaragua), 3180 (Thailand), 3188 (Guatemala), 3191 (Chile), 3194 (El Salvador), 3220
(Argentina), 3240 (Tunisia), 3244 (Nepal), 3253 (Costa Rica), 3272 (Argentina), 3278
(Australia), 3279 (Ecuador), 3286 (Guatemala), 3287 (Honduras), 3297 (Dominican
Republic), and 3317 (Panama), which it will examine as swiftly as possible.
