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

The Committee notes the information contained in the Government's report.

The Committee notes with concern the conclusions of the Committee on Freedom of Association in Case No. 1849 relating to serious complaints of violations of freedom of association in law and in practice (see 302nd Report of the Committee on Freedom of Association approved by the Governing Body at its Session of March 1996).

The Committee notes in particular that these complaints concern the suspension by administrative decision of trade unions following a transport strike. The Committee stresses that under Article 4 of the Convention, workers' and employers' organizations may not be dissolved or suspended by administrative decision. It therefore urges the Government to refrain from resorting to such measures.

In addition, the Committee asks the Government, as did the Committee on Freedom of Association, to reestablish freedom of association in law and in practice. It asks the Government in particular to amend Order No. 158 adopted on 28 March 1995 by the Cabinet of Ministers to remove the transport sector from the list of essential services in which strikes are banned (pursuant to section 16 of the Act of 18 January 1994 on the settlement of collective disputes). In this connection, the Committee has expressed the opinion that to ban strikes by workers other than public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely services the interruption of which would endanger the life, health or safety of the whole or part of the population, seriously restricts the means of action available to trade unions.

The Committee urges the Government to amend its legislation so that transport workers' organizations unequivocally enjoy the right to strike in order to defend the economic, social and professional interests of their members since, in the Committee's view, the transport service as such cannot be regarded as an essential service in which strikes are banned. However, a negotiated minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear, could be envisaged provided that the workers' organization concerned may participate if it so wishes, in defining such a service, along with employers and the public authorities (see paragraph 161 of the 1994 General Survey on freedom of association and collective bargaining).

The Committee asks the Government to indicate in its next report the measures taken in this respect to bring its legislation into conformity with the requirements of the Convention, and to keep it informed of progress made.

Furthermore, the Committee emphasizes that ILO technical assistance is at the Government's disposal in order to allow it to draw up legislation that is in full conformity with the requirements of the Convention. It asks the Government to send a copy of the Labour Code as soon as it is adopted, so that it may check its conformity with the Convention.