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

The Committee notes that the Government’s report has not been received. It further notes the observations made by the International Confederation of Free Trade Unions (ICFTU) and requests the Government to transmit its observations thereon. It must repeat its previous observation, which read as follows:

In its previous comments, the Committee had noted that section 4 of the Better Security Act, 1920, provided that any person who wilfully breaks a contract of service or hiring, knowing that this may endanger real or personal property, is liable to a fine of up to three months’ imprisonment and recalled that, if this provision applied to strike action, it should be amended so that such penalties may only be imposed with respect to essential services in the strict sense of the term and that the sanctions should not be disproportionate to the seriousness of the violation. Noting the indication in the Government’s latest report that this section has never been invoked, the Committee requests the Government to consider amending this provision so as to ensure that it may not be invoked in the case of strikes, with the possible exception of those in essential services in the strict sense of the term, and thus ensure that workers’ organizations may carry out their activities and formulate their programmes without interference by the public authorities.

The Committee also noted the Government’s indication that the draft legislation regarding trade union recognition was still at the consultative stage with the employers’ and workers’ representatives and that a copy of the text would be transmitted once the draft legislation has been reviewed and approved. The Committee requests the Government to keep it informed of any developments in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.