Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes the information provided by the Government in its report.

The Government indicates that a number of disputes were referred to compulsory arbitration to put an end to strikes respectively in the mining (bauxite) and the education sectors.

While considering that the mining and the education sectors are in no way essential services in the strict sense of the term, the Committee considers that non-essential services may become essential if the strike affecting them exceeds a certain duration or extent so that the life, personal safety or health of the population are endangered. In the opinion of the Committee, account must be taken of the special circumstances existing in the various States and in order to avoid damages which are irreversible or out of proportion to the occupational interests of the parties to the dispute, the authorities could establish a system of minimum services that are not essential but of public utility, rather than impose an outright ban on strikes. These services must be minimum, that is to say, limited to the operations strictly necessary to meet the basic needs of the population or the minimum requirements of the service, and workers' organizations should be able, if they so wish, to participate in defining such services along with employers and the public authorities (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 160 and 161).