Solicitud directa (CEACR) - Adopción: 1991, Publicación: 78ª reunión CIT (1991)

Following the adoption of Act No. 90-14 of 2 June 1990 respecting the procedures for exercising the right to organise and Act No. 90-02 of 6 February 1990 respecting the prevention and settlement of collective labour disputes and the exercise of the right to strike, the Committee wishes to draw the Government's attention to the following points:

Article 2 of the Convention. With reference to Act No. 90-14 of 2 June 1990, the Committee requests the Government to indicate whether foreign workers enjoy the right to organise.

Article 3. The Committee would be grateful if the Government would supply information on the circumstances in which use is made, for the period covered by its next report, of the following provisions of Act No. 90-02 of 6 February 1990: section 41 respecting requisitioning; section 48 respecting referral to binding arbitration under certain conditions; and section 55 respecting penal sanctions.

Article 4. With reference to section 27 of Act No. 90-14 of 2 June 1990, the Committee requests the Government to indicate whether the suspension of trade union organisations can be proclaimed before the competent legal authority has ruled concerning the admissibility of the application by the public authorities to suspend a trade union and, if so, to state the authority that is competent to proclaim suspension.

Articles 5 and 6. With reference to section 26(2) of Act No. 90-14 of 2 June 1990, the Committee notes that funding from abroad may only be received with the authorisation of the authorities. The Committee draws the Government's attention to the fact that international affiliation implies the right for national trade unions to benefit from the services and advantages flowing from their affiliation. The Committee would be grateful if the Government would supply information on all the cases in which the authorities have not given their authorisation under this provision of the Act and to state whether it is possible to appeal to the courts against such a decision.