Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the Government's report.

Article 2 of the Convention. Previous authorization. For several years, the Committee has pointed out that (1) Act No. 68/LF/19 of 18 November 1968 subjecting the legal existence of a trade union or occupational association of public servants to the previous approval of the Minister for Territorial Administration, and (2) section 6(2) of the 1992 Labour Code, under which persons forming a trade union that has not yet been registered and who act as if the said trade union has been registered shall be liable to prosecution, are not consistent with Article 2 of the Convention.

In addition, the Committee on Freedom of Association has been apprised of cases where registration of trade unions of public servants has been refused, particularly in the teaching sector, and the Conference Committee in June 1994 and June 1996 reminded the Government of the need to amend its legislation and practice in the very near future to ensure effective application of the Convention.

The Committee notes that the Government merely reiterates its previous statements that it will not fail to inform the Committee of developments in the declaration system. The Committee once again strongly urges the Government to take the necessary measures in the near future to ensure that workers, including public servants, have the right to form organizations of their choice, without previous authorization.

Article 5. Prior approval for affiliation to an international organization. Recalling that Article 5 of the Convention lays down that all occupational organizations shall have the right to affiliate freely with international organizations of workers and employers, the Committee points out once again to the Government that section 19 of Decree No. 69/DF/7 of 6 January 1969 provides that trade unions or occupational associations of public servants may not join a foreign occupational organization without obtaining prior approval from the minister responsible for "supervising fundamental freedoms".

The Committee had noted the Government's previous statements to the effect that this Decree is issued under Act No. 68/LF/7 of 19 November 1968 and will be brought into conformity with the Convention once the new Act on civil servants' unions is promulgated. The Committee once again urges the Government to take the necessary measures, in the very near future, to abolish prior approval in order to bring the legislation into conformity with this Article of the Convention.

The Committee would remind the Government that it can call on ILO technical assistance for the preparation of draft legislations in conformity with the Convention. The Committee expresses the firm hope that the Government will take the necessary measures in the near future and will supply a detailed report in this regard.

[The Government is asked to supply full particulars to the Conference at its 86th Session.]