Observación (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

In its previous comments, the Committee emphasized the need to amend the national legislation in order to:

- guarantee that trade union organizations are not subject to dissolution by administrative means (Act No. 65-40 of 22 May 1965);

- permit foreign workers to hold trade union office (section 7 of the Labour Code);

- limit the powers of the authorities to impose compulsory arbitration to bring an end to a strike (sections 238-245 of the Labour Code) to essential services in the strict sense of the term, i.e. services whose interruption by reason of a strike would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis.

The Committee notes with interest the contents of a Bill adopted by the National Advisory Labour Council to exclude trade union organizations from the scope of Act No. 65-40 of 22 May 1965 concerning seditious associations.

It also notes the assurances given by the Government in its report to the effect that the draft Labour Code envisages greater flexibility in national legislation in order to permit foreign workers to hold trade union office after a period of residence of five years, and to amend the provisions relating to the right to strike in order to bring them into conformity with the Convention.

The Committee expresses once again the firm hope that the next report will contain information on any progress achieved in these fields. It would moreover remind the Government that the International Labour Office is at its disposal for any assistance that may be needed in formulating amendments which will give effect to the Convention.

The Committee is addressing a request directly to the Government on another point.