Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Article 1(a), (c) and (d) of the Convention. For a number of years, the Committee has been referring to the following legislation:

(i)  the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour;

(ii)  sections 54(2)(c), 55, 56 and 56A of the Penal Code, empowering the Minister to declare any combination of two or more persons an unlawful society and thus render any speech, publication or activity on behalf of or in support of such combination illegal and punishable with imprisonment (involving an obligation to perform labour);

(iii)  section 16(1)(a) of the Trade Disputes (Arbitration and Settlement) Act, 1964, under which workers employed in "essential services" may be prohibited from terminating their contract of service, even by notice; sections 16, 17 and 20A of the same Act, under which strikes may be prohibited in various services that, while including those generally recognized as essential ones, also extend to other services, and contravention of these prohibitions is punishable with imprisonment (involving an obligation to perform labour).

The Committee notes the Government’s renewed statement in its report that the labour legislation has been revised to enhance the application of the Convention, but the revised legislation is still in the form of a draft Bill. It also notes the Government’s indication that the labour law reform exercise, which has been going on for over ten years, has now reached a point where draft principles of the Bills have been prepared in accordance with the current Government procedure. The Government also indicates that draft Bills were prepared for the four labour laws, including the Trade Disputes (Arbitration and Settlement) Act, and expresses the hope that these Bills will soon be enacted.

While noting these indications, the Committee requests the Government to indicate the measures taken or envisaged to repeal or amend the above provisions of the Public Order and Security Act, No. 20 of 1967, and of the Penal Code.

The Committee trusts that measures will at last be taken to repeal or revise the abovementioned provisions and that the legislation will be brought into conformity with the Convention. It requests the Government to provide information on the progress made in this regard and to communicate a copy of the revised legislation as soon as it is adopted.

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