Observación (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

The Committee notes the information contained in the Government's report. It recalls that its previous comments concerned the need to modify sections 11(3) and 12(1) of the Trade Union Ordinance of 1941, and section 3(4) of the Industrial Relations Act No. 299 of 1965 which, respectively, impose a single trade union system and grant the Registrar extensive powers regarding the registration of trade unions and the approval of negotiators, contrary to Articles 2 and 3 of the Convention. The Committee had noted the recommendations of the National Advisory Committee on Labour (NACL) to amend the sections in question.

The Committee notes that the Government reiterates in its last report that tripartite consultations are in progress to codify labour laws to ensure their compatibility with the Convention. It firmly hopes that measures will be taken at an early date to bring the legislation into conformity with the Convention and requests the Government to indicate in its next report the measures effectively taken in this connection.

The Committee had also noted that the Emergency Powers Act, 1994 (Act No. 472), allows prohibition in particular of public meetings and processions in areas which had been under a state of emergency. In this connection the Committee recalls that recourse to a state of emergency may not be made to justify restrictions on the civil liberties that are essential to the proper exercise of trade union rights, except in circumstances of extreme gravity (acts of God, serious disruption of civil order, etc.) and on condition that any measures affecting the application of the Convention are limited in scope and duration to what is strictly necessary to deal with the situation in question (see General Survey on freedom of association and collective bargaining, 1994, paragraph 41).

The Committee requests the Government to keep it informed of all measures taken or envisaged in order to put its legislation into conformity with the principles of freedom of association.

The Committee is also addressing a request directly to the Government.