Observation (CEACR) - adoptée 1989, publiée 76ème session CIT (1989)

The Committee notes the Government's report and recalls that its comments concerned the following points:

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

- the need to repeal or amend section 36 of the Labour Code, prohibiting the trade unions from all political activity;

- the need to repeal Ordinance No. 30 of 26 November 1975 suspending all strikes throughout the country.

In its previous observation the Committee requested information from the Government on the progress achieved in the revision of legislative texts that was undertaken in order to implement fully the Convention.

The Committee indeed noted the assurances given by the Government that Ordinance No. 001 of 8 January 1976 would be repealed. It also noted that the draft Labour Code, formulated with the technical assistance of the ILO, would remove the prohibition on trade unions from participating in political activities and repeal Ordinance No. 30 of 26 November 1975. It drew the Government's attention, however, to the fact that the above draft did not contain provisions granting the right to strike to workers (except for sections 431-4 and 433-7 in a very restrictive and allusive manner) and that the procedure for settling industrial disputes did not appear to give workers the possibility of calling a strike.

In its report the Government indicates that the competent authorities have still not examined the texts that are to repeal these Ordinances and that the new labour legislation will contain provisions making it possible for workers to call strikes.

The Committee notes this information with interest and points out that the Convention applies to all workers, without distinction whatsoever, with the exception of the armed forces and the police (Article 9 of the Convention), and that the right of workers to call a strike is one of the essential means available to them to defend their interests (Article 10) and to organise their activities ( Article 3) and can only be restricted, following the failure of conciliation procedures, in services whose interruption 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 (in this connection, see paragraphs 214 and 226 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee once again expresses the firm hope that the legislation to give full effect to the Convention will be adopted in the near future and it requests the Government to indicate any progress achieved in this respect in its next report.