Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the information contained in the Government’s report and the national legislation applying the Convention.

Article 2 of the Convention.  Right of workers, without distinction whatsoever, to establish organizations of their own choosing.  The Committee notes that section 236 of the Labour Code of 1992 does not allow minors of under 16 years of age to join trade unions and provides that the fathers, mothers or guardians of minors of over 16 years of age may oppose their joining trade unions. The Committee recalls that the Convention establishes that all workers, without distinction whatsoever, shall have the right to form and join trade unions, and that the Government has undertaken to give effect to this provision. The Committee considers that no distinction based on these grounds is authorized by the Convention (see General Survey on freedom of association and collective bargaining, 1994, paragraph 64). The Committee asks the Government to indicate in its next report the measures that have been taken or are envisaged to amend section 236 of the Labour Code in order to remove all obstacles to the exercise by minors of the right to organize.