Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

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

In its previous comments, the Committee observed that certain provisions of the legislation then applicable contained important restrictions on the right of workers to participate in collective action, combined with severe sanctions. It notes the Government's indication to the effect that the Penal Code in force, section 188-3, governs participation in collective activities creating a public disturbance. The Committee notes that this provision contains important restrictions on the right of workers to participate in collective action aimed at disturbing transport operations, state or public institutions or undertakings, combined with severe sanctions, including sentences of imprisonment for up to three years. The Committee recalls its basic position that the right to strike is an intrinsic corollary of the right to organize protected by Convention No. 87. It considers that restrictions or prohibitions on the right to strike should be restricted to public servants exercising authority in the name of the State or in essential services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. It requests the Government to amend or repeal this provision where it could apply to strikes in public transport or state or public institutions or undertakings which are not essential services within the strict meaning of the term.

The Committee is raising a number of other points in a request addressed directly to the Government.