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

The Committee notes the information supplied by the Government in its last report. It notes that the Government repeats the information supplied previously and again indicates that the competent authorities are studying four draft legislative decrees to amend the texts on which the Committee has commented. The Government states that it is still not in a position to send the results to date of the above study.

The Committee previously pointed out the need to modify the following provisions:

Agricultural Labour Code, Act No. 136 of 1958

-- section 160, which prohibits strikes in the agricultural sector, and section 262 of the same Code, which provides that any person who instigates or participates in a strike or lockout is liable to a term of imprisonment ranging from three months to one year.

Legislative Decree No. 84 of 1968 respecting workers' organizations and the amendments thereto up to and including 1986, Legislative Decree No. 250 of 1969 respecting craftsmen's associations and Act No. 21 of 1974 respecting peasants' cooperative associations

-- section 32 of Legislative Decree No. 84 and section 6 of Legislative Decree No. 250, which prohibit unions from accepting gifts, donations and legacies, without prior ministerial approval and that of the General Federation of Workers' Unions;

-- section 35 of Legislative Decree No. 84, which confers on the Ministry broad powers of intervention over trade union finances at every level;

-- section 36 of Legislative Decree No. 84 and section 12 of Legislative Decree No. 250, which require that first-level trade unions allocate a certain percentage of their resources to higher-level trade unions;

-- article 18(a) of Legislative Decree No. 84, as amended by section 4(5) of Legislative Decree No. 30 of 1982, which confers on the Minister the authority to determine the methods of use of trade union funds;

-- section 44(b)/3 and /4 of Legislative Decree No. 84, under which eligibility for trade union office is subject to prior exercise of the occupation for at least six months and Arab nationality;

-- section 49(c), which confers on the General Federation the right to dissolve the executive committee of any trade union;

-- section 25 of Legislative Decree No. 84, as amended in 1982, which continues to subject non-Arab workers to a condition of reciprocity, thereby restricting their trade union rights;

-- section 1(4) of Act No. 29 of 1986 amending Legislative Decree No. 84, which determines the composition of the congress of the General Federation and the latter's presiding officers.

Furthermore, the Committee asks the Government to secure the amendment of the following provisions, which establish trade union monopoly in breach of the Convention:

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

-- sections 4, 6, 8, 13, 14 and 15 of Legislative Decree No. 30 of 1982 amending Legislative Decree No. 84 of 1968, which designate the General Federation as the single central trade union organization;

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

Penal codes

The Committee also asks the Government to repeal or amend sections 330, 332, 333 and 334 of Legislative Decree No. 148 of 1949 respecting the Penal Code, which restrict the right to strike and lockouts by imposing heavy sanctions, including imprisonment. It also asks the Government to repeal section 19 of Legislative Decree No. 37 of 1966 respecting the Economic Penal Code, which imposes forced labour on any person who causes prejudice to the general production plan decreed by the authorities by acting in a manner contrary to the plan. The Committee again requests the Government to review its penal legislation and to indicate in its next report any measures taken or envisaged to bring it into conformity with the principles of freedom of association.

The Committee again expresses the hope that the amendments proposed in the four draft decrees will be rapidly promulgated in so far as they bring the provisions of the legislation into line with Articles 2, 3 and 5 of the Convention. It urges the Government to take the necessary measures to bring all of its national legislation into conformity with the Convention in the near future. The Committee recalls that the technical assistance of the Office is available to the Government, and requests the Government to inform it in its next report of any progress achieved in this area and to provide copies of any provisions which have been repealed or amended.