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

The Committee notes the information supplied by the Government in its report, as well as the information provided by the Government representative to the Conference Committee in June 1996 and the following discussions. The Government indicates that steps are being taken to amend Legislative Decree No. 84 of 1968 governing the structure of trade unions, in line with the provisions of the Convention, and to repeal section 160 of the Agricultural Labour Code No. 136 of 1958 concerning the prohibition of strikes by farmers and agricultural workers. The Government adds that it has insisted in recent communications sent to the General Federation of Peasants and the General Federation of Craftsmen that they designate their representatives to serve on the tripartite commission responsible for preparing texts to amend Act No. 21 of 1974 on peasants' associations and Legislative Decree No. 250 of 1969 on craftsmen's associations.

The Committee notes that Legislative Decree No. 84 has already been amended by Legislative Decree No. 30 of 1982, the following provisions of which are still incompatible with the Convention:

- section 4 amending section 18(A) stipulates that trade union organizations have the right to invest their assets in financial and other projects, but only under the conditions and modalities determined by the Minister. This is contrary to Article 3, paragraphs 1 and 2 of the Convention which provide for the right of workers' organizations to organize their administration and activities without interference from the public authorities;

- section 6 amending section 22(A) contains the requirement that each trade union's by-laws should correspond to the model established by the General Federation of Workers' Union. This obligation enacted in legislation for first-level unions to follow a model constitution and use such a model as a basis is contrary to Article 3 which guarantees the right of workers' organizations to draw up their constitutions and rules without interference by the public authorities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 111);

- section 7 amending section 25 confers on foreign workers the right to join trade unions only on condition of reciprocity. This provision is contrary to Article 2 which applies to all workers, without distinction whatsoever and therefore not subject to reciprocity on the part of another country;

- section 8 amending subsection 36(5) makes it compulsory for trade unions to allocate 20 per cent of their actual resources to the General Workers' Union. This provision is contrary to Article 3 which guarantees the right of workers' organizations to organize their administration without interference by the public authorities; this right includes in particular the autonomy and financial independence and the protection of the assets of these organizations (see General Survey, op. cit., paragraph 124);

- several provisions of Decree No. 30 of 1982 designate the General Federation of Workers' Union as the single central trade union organization (sections 4, 6, 8, 13, 14 and 15). These references to the General Federation of Workers' Union are contrary to Article 2 under which workers, without distinction whatsoever and without previous authorization, shall have the right to establish and join organizations of their own choosing, outside the existing trade union structure if they so wish. While Article 2 is not intended as an expression of support for either the idea of trade union unity or trade union pluralism, pluralism should remain possible in all cases. Thus, while the General Federation of Workers' Union might have been freely constituted by the workers as stressed by the Government representative, this situation should not be formalized through the enactment of legislation.

The Committee requests the Government to take the necessary measures without delay, to amend or repeal as appropriate, the above-mentioned provisions of Legislative Decree No. 30 of 1982 so as to bring it into conformity with the requirements of the Convention.

The Committee further recalls that discrepancies remain between national legislation and the Convention on the following points:

- sections 3, 4, 5 and 7 of Legislative Decree No. 84 of 1968 which organizes the structure of trade unions on a single union basis;

- section 2 of Legislative Decree No. 250 of 1969 regarding craftsmen's associations and sections 26 to 31 of Act No. 21 of 1974 regarding peasants' cooperative associations which impose a single trade union system;

- sections 32, 35, 36(2, 3 and 4), 44(b)(4) and 49(c) of Legislative Decree No. 84 and sections 6 and 12 of Legislative Decree No. 250 of 1969 restricting the free administration and independence of trade unions;

- section 160 of the Agricultural Labour Code No. 136 of 1958 prohibiting strikes in the agricultural sector.

Although the Government states that various steps are being taken to amend or repeal the above-mentioned provisions in line with the Committee's comments, the Committee is bound to note that the Government has been giving similar assurances for many years now. Moreover, it notes with concern that Legislative Decree No. 30 of 1982, which entered into force subsequently, contains provisions that are incompatible with the Convention and have been the subject of the Committee's comments for several years. The Committee would therefore urge the Government to take the appropriate steps shortly, and recalls that the technical assistance of the ILO is at its disposal, in order to ensure that all of its legislation is brought into conformity with the Convention. It requests the Government to keep it informed in its next report of any progress made in this respect and to provide copies of provisions that have been repealed or amended as soon as they are adopted.