Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report.

Article 1 of the Convention. The Committee had previously drawn the Government’s attention to the need to take measures to ensure adequate protection for workers against acts of anti-union discrimination, combined with sufficiently dissuasive and effective sanctions, and it had requested it to keep the Committee informed of the progress achieved in the adoption of the new Labour Code.

The Committee notes with interest that, according to the Government, section 160 of the draft Labour Code protects all workers, including agricultural workers, against acts of anti-union discrimination, and provides for dissuasive sanctions to this effect. However, noting that the Government has been referring to this draft Labour Code since 1997, the Committee hopes that it will be adopted rapidly and requests the Government to provide the text as soon as possible.

Article 4. The Committee had previously requested the Government to keep it informed of any developments concerning the conclusion of collective agreements in the country. The Government reiterates that no collective agreement has been concluded up to the present. Furthermore, the Committee notes with regret that, contrary to the intentions expressed previously by the Government concerning the promotion of collective bargaining, the draft Labour Code does not envisage permanent consultation machinery.

The Committee draws the Government’s attention to its comments concerning bodies and procedures intended to facilitate collective bargaining (1994 General Survey on freedom of association and collective bargaining, paragraphs 244-247) and invites it to establish such machinery with a view to facilitating and promoting the broadest utilization of procedures for the voluntary negotiation of collective agreements in the country. It requests the Government to keep it informed of any developments in this respect.