Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information contained in the Government’s report and recalls that in its previous observation:

-  it requested the Government to indicate the measures taken to amend the provisions of the Labour Code requiring the filing of trade union by-laws to obtain legal personality from the authorities, including the Ministry of the Interior, under penalty of a fine (Article 2 of the Convention. Right to establish trade unions without prior authorization).

-  it once again requested the Government to remove the obligation to notify the duration of the strike, as envisaged in Act No. 2001-09 of 21 June 2002 on the exercise of the right to strike (Article 3. Right of workers’ organizations to organize their administration and activities and to formulate their programmes).

-  it also requested it to amend Ordinance No. 38PR/MTPTPT, which does not grant seafarers the right to organize or the right to strike and provides for sentences of imprisonment for breaches of labour discipline, in order to afford seafarers the guarantees established by the Convention (Article 2. Right of workers without distinction whatsoever to establish trade unions).

The Committee notes that, according to the Government, the current process of the adoption of the OHADA Code (Organization for the Harmonization of Business Law in Africa), a text that is of regional scope, will provide a basis for amending the Labour Code with regard to the first two points and, in relation to the third point, a new Maritime Code taking into account the observations of the Committee is currently being formulated.

The Committee requests the Government to ensure that, in the process of amending the labour legislation, the above comments are fully taken into account in order to ensure that the national legislation is in conformity with the Convention.

With regard to the obligation to file by-laws under penalty of a fine, the Committee requests the Government to provide information on the application of these provisions in practice, and particularly to indicate whether penalties have been imposed in this respect over recent years.

In relation to the trade union rights of seafarers, noting that a new Maritime Code is being prepared, the Committee trusts that the provisions of this Code will take fully into account its previous observations. Reminding the Government that it can receive the technical assistance of the Office as from the stage of the formulation of the draft legislation, the Committee requests it to communicate a copy of the text as rapidly as possible.