Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

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

The Committee recalls that its previous comments addressed the need to amend section 229 of the Labour Code of 1992 so as to restrict the Minister of Labour's authority to impose arbitration in order to end strikes liable to cause an acute national crisis. The above provision allows the Minister of Labour to impose arbitration not only for disputes involving essential services, the interruption of which is likely to endanger the life, health or safety of the population, which is compatible with the principles of freedom of association, but also for disputes liable to "compromise the normal operation of the national economy or concerning a vital industrial sector".

The Committee notes that in its last report the Government reiterates its undertaking to conduct an in-depth tripartite discussion on the requested amendment with a view to finding a solution compatible with the purpose of the Convention.

The Committee expresses the firm hope that measures will be taken in the near future to make the legislation fully consistent with the principles of freedom of association and asks the Government to provide detailed information in its next report on the status of the tripartite consultations and on measures actually taken to amend section 229 of the Labour Code.