Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the Government's report and recalls its previous comments regarding the following provisions:

-- section 60(2) of the Constitution, which prohibits foreigners from holding office or exercising authority in trade unions;

-- sections 375 and 376(a), (b) and (c) of the Labour Code, which prohibit the exercise of the right to strike in the public, agricultural and stock-raising, forestry, rail, maritime and air transport sectors.

In regard to the second question, the Committee also notes with satisfaction the information contained in the Government's report, in regard to the ruling on 27 February 1998 by the Constitutional Council of the Supreme Court of Justice which found unconstitutional the prohibition of the exercise of the right to strike in the public, agricultural and stock-raising and forestry sectors (sections 375 and 376(a) and (b) of the Labour Code).

Nevertheless, the Committee regrets that the prohibition on the right to strike in the rail, maritime and air transport sectors as provided for in section 376(c) of the Labour Code remains in force.

As regards the prohibition on foreigners holding office or exercising authority in trade unions (section 60(2) of the Constitution), the Committee also notes the Government's statement that the draft Bill to amend this provision, submitted to the Legislative Assembly in August 1997, was returned without any progress being made since the Executive Authority does not have the right to initiate reforms of the Political Constitution. In this respect, the Committee also notes with interest that, in accordance with the Government's statement, the Ministry of Labour and Social Security, to follow the necessary legal procedures, submitted a report to the President of the Legislative Assembly on 8 May 1998 to intercede in Plenary Session to pursue the submission of the Constitutional Reform Bill in question in accordance with the law.

The Committee refers to the question of inequality of treatment between solidarist associations and trade unions in regard to the management of compensation funds for dismissed workers and recalls that it also noted with interest the draft text on the Occupational Capitalization and Economic Democratization Fund, which gave effect to the Committee's request that trade union organizations should also be able to manage compensation funds for dismissed workers. In this respect, the Committee requests the Government to keep it informed of the situation on the draft text in question.

The Committee expresses the firm hope that the Government will continue to make every effort to repeal the legislation which prohibits the right to strike in the rail, maritime and air transport sectors and prevents foreigners from holding office or exercising authority in trade unions, if they so wish. The Committee requests the Government to keep it informed of any measures adopted on the above points.

Finally, the Committee is addressing a request directly to the Government.