Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes with interest the information contained in the Government’s first report. It wishes to raise a certain number of points concerning the application of the following Articles of the Convention.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing without previous authorization. The Committee takes note of the information contained in the Government’s report with respect to the need for all trade unions to be registered within the first three months of their establishment. The Committee notes that, pursuant to section 11(1) of the Trade Unions Act, the provisional registration lasts for a minimum period of six months, which can be extended under the Registrar’s discretion. Pursuant to section 11(3), a trade union shall be finally registered if the Registrar is satisfied that the provisions of section 14(1) have been complied with and that the trade union: (a) has attained a reasonable degree of efficiency and organization in the management of its affairs; (b) includes among its members a substantial number of persons employed in the industry which it purports to represent. The Committee wishes to point out that problems of compatibility with the Convention may arise where the registration procedure is long and complicated or when the legislation confers to the competent authority a genuinely discretionary power to grant or reject a registration request or to grant or withhold the approval required for the establishment and functioning of an organization. These factors may be a serious obstacle to the establishment of organizations and may amount to a denial of the right of workers and employers to establish organizations without previous authorization (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 74-75). The Committee requests the Government to amend section 11(3) so as to eliminate the discretionary authority of the Registrar and to bring the legislation into conformity with the Convention.

Article 3. Right of workers’ organizations to elect their representatives in full freedom, to organize their administration and activities and to formulate programmes without interference from the public authorities. The Committee notes that sections 24 and 25 of the Trade Unions Act contain provisions according to which every trade union treasurer is required to render accounts to the members of the union and to submit reports to the Registrar. Section 25(2) provides:

The Registrar may at any time, by order in writing, require the treasurer or any other officer of a trade union to produce for his inspection the account book and subscription registers of such trade union and to deliver to him, by a date to be specified in such order, detailed accounts of the revenues, expenditures, assets, liabilities and funds of the trade union in respect of any period specified in such order, and any accounts so rendered shall include such details and information, and may be supported by such documents, as the Registrar in any case may require.

The Committee recalls that it considers that there is no infringement of the right of organizations to organize their administration if, for example, the supervision is limited to the obligation of submitting periodic financial reports or if there are serious grounds for believing that the actions of an organization are contrary to its rules or the law; similarly, there is no violation of the Convention, if such verification is limited to exceptional cases, for example in order to investigate a complaint, or if there have been allegations of embezzlement. Problems of compatibility with the Convention arise when the law gives the authorities powers of control which go beyond the abovementioned principles and, in particular, when the authority has the power to examine the books and other documents of an organization, conduct an investigation and demand information at any time (see General Survey, op. cit., paragraphs 125 and 126). The Committee considers that section 25(2) confers to the Registrar overly broad investigation powers. Furthermore, the Trade Unions Act does not provide for a mechanism of review by a competent judicial authority affording every guarantee of impartiality and objectivity. The Committee therefore requests the Government to take the necessary measures to amend section 25 of the Trade Unions Act so as to limit the powers of the Registrar to conduct investigations into trade unions accounts and to keep it informed of any developments.

Right to strike. The Committee notes the Government’s statement in its report that the workers are allowed to strike and do so when they think they have exhausted all other alternatives for settlement of disputes. The Committee also notes the provisions of the Public Order Act and in particular section 6, which provides: "For removing doubts, no person has a right to hold a meeting in a public place"; and section 8 according to which the Chief of Police may give directions prohibiting the meeting from being held, or from continuing to be held. Furthermore, section 8(2) states that in particular circumstances the Chief of Police shall apply to the Governor for an order prohibiting for such period not exceeding three months the holding of all public meetings. The Committee requests the Government to provide information on any practical application in recent years of the Public Order Act’s provisions with regard to the conduct of strike action.