Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee takes note of the information provided by the Government in its latest report.

In its previous comments, the Committee had recalled the need to amend the Settlement of Disputes (Essential Services) Act of 1939, as amended by Ordinances Nos. 57, 92, 51 and 32 in 1973, 1981, 1988 and 1994 respectively, which empower the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in such services as postal, monetary, financial and revenue-collecting services and transport services and services in which petroleum products are sold, which are not essential services in the strict sense of the term. The Committee had noted the Government’s statement in a previous report to the effect that discussions were under way regarding the amendment of the list of essential services. The Committee notes that, according to the information contained in the Government’s latest report, a copy of the amendments will be sent shortly.

In the meantime, the Committee recalls the need to amend the list of essential services so that restrictions on the right to strike apply only to the essential services in the strict sense of the term, whose interruption would endanger the life, personal safety or health of the whole or part of the population and to public servants exercising authority in the name of the State. It expresses the firm hope that the Government will take the necessary measures in the near future to delete the abovementioned services from the list of essential services and requests it to provide a copy of the amendments proposed in this regard with its next report.

The Committee also takes note of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, No. 24 of 2000. Recalling that workers and employers, without distinction whatsoever, shall have the right to establish and to join organizations of their own choosing without previous authorization, the Committee requests the Government to indicate the manner in which the right to organize is ensured for prison staff and firefighters who are not covered by this Act.