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

The Committee notes the information supplied by the Government in its report and the conclusions of the Committee on Freedom of Association in Case No. 1592 which drew the Government's attention to the need to ensure that workers are entitled to form organizations of their own choosing without prior authorization and without being subject to a background investigation, in accordance with the requirements of the Convention.

In its previous comments, the Committee asked the Government to repeal specifically:

- Ordinance No. 30 of 26 November 1975 suspending all strike action throughout the country;

- Ordinance No. 001 of 8 January 1976 prohibiting public and similar employees from exercising the right to organize; and

- section 36(2) of the Labour Code prohibiting all political activity by trade unions.

The Government indicates in its report that the provisions in question have been repealed by section 29 of the National Charter of March 1991 and by section 10 of Ordinance No. 015/PR/1986 issuing the general conditions of service of the public service which grants public servants the right to strike within the provisions of the law. The Government none the less assures the Committee that it has submitted to the competent authority two draft ordinances to repeal the Ordinances of November 1975 and January 1976, but does not provide a copy of them. It also indicates that the draft Labour Code which was being prepared has not yet been adopted.

The Committee notes with regret that the Government has not yet adopted the amendments which it requested, and again urges the Government to provide with its next report the texts repealing the two above-mentioned Ordinances and the text of section 36 of the Labour Code.

Furthermore, the Committee considers, as does the Committee on Freedom of Association, that it is necessary to amend or repeal the provisions of Ordinance No. 27 INT/SUR of 28 July 1962 regulating associations which the Government relied on in the case of the complainant trade union in Case No. 1592. This Ordinance requires prior authorization to be obtained from the Ministry of the Interior in order to form an association subject to a prison sentence of from one month to one year (sections 5 and 6), allows the immediate administrative dissolution of an association (section 8) and empowers the administrative authorities to oversee the funds of associations (section 11).

The Committee asks the Government to indicate in its next report the measures that have been taken to ensure that these provisions, which are contrary to the requirements of the Convention, are not applicable to trade unions.

The Committee is also addressing a direct request to the Government concerning other matters.