Observación (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

The Committee notes the Government’s report.

The Committee recalls that for many years its comments have been referring to:

-  the absence of legislative provisions affording workers who are not trade union leaders adequate protection against all acts of anti-union discrimination (article 88 of the Constitution affords protection only against discrimination based on trade union preferences); and

-  the absence of sanctions against non-observance of the provisions relating to the employment stability of trade unionists and acts of interference by workers’ and employers’ organizations in each other’s organizations (the Committee had noted that the sanctions envisaged in the Labour Code for non-observance of the legal provisions concerning this point (sections 385 and 393) were not sufficiently dissuasive and noted with interest the new Act No. 1416, which amends section 385 of the Labour Code and provides for adequate sanctions; however, the constitutionality of the Act has been challenged and the Act has been suspended).

The Committee notes that in its report the Government does not provide firm information on these subjects and confines itself to indicating that: (1) with regard to Article 1 of the Convention, article 88 of the National Constitution provides that no discrimination shall be admitted between workers on grounds of trade union preference; (2) with regard to Article 2 of the Convention, the Labour Code provides in section 286 that workers’ and employers’ occupational organizations shall enjoy adequate protection against any interference in each other’s activities.

Under these conditions, the Committee regrets that, despite the technical assistance provided by the ILO, progress has not been made on the issues raised and it reminds the Government of the importance of adopting measures to ensure that full effect is given to Articles 1 and 2 of the Convention. The Committee hopes that the above measures will be adopted in the near future and requests the Government to provide information on this matter in its next report.