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

The Committee notes the conclusions of the Committee on Freedom of Association concerning Case No. 1921 (see 308th Report, paragraphs 556-576).

Article 4 of the Convention (dissolution by administrative authority). The Committee notes with concern that the Government dissolved by administrative authority the National Trade Union of Customs Officials of Niger (SNAD) on 20 March 1997 as the result of a strike the union had declared in order to obtain a reimbursement of wage arrears. In this regard, the Committee recalls that, under Article 4 of the Convention, trade unions shall not be liable to be dissolved by administrative authority. The Committee therefore urges the Government to indicate whether the SNAD has been re-established since that time in accordance with its rights.

Articles 3 and 10 (rights of workers' organizations to strike in defence of their economic, social and professional interests). The Committee notes that for state employees the exercise of the right to strike is governed by Order No. 96-009 of 21 March 1996, section 9 of which provides that in vital and/or strategic services, a minimum service must be provided on the basis of agreement between the authorities and trade unions, but also in accordance with the application of the Convention. However, section 9 also provides that in exceptional cases arising as a result of the need to preserve the general interest, all state employees, or those of territorial authorities, may be requisitioned. In the view of the Committee, the scope of this provision should be restricted only to cases in which a work stoppage may give rise to an acute national crisis or to public servants exercising authority in the name of the State, or also to essential services in the strict sense of the term, i.e. services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 158 and 163). The Committee requests the Government to indicate in its next report the measures taken or envisaged to guarantee, in law and in practice, respect for the principles of freedom of association in this regard. It also requests the Government to provide it, in future, with copies of the requisition orders adopted in case of strikes.