Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee regrets to note that the Government’s report has not been received. It is therefore bound to reiterate its previous observation, which read as follows.

In its previous comments, the Committee 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 empowered 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, transport services (civil aviation) and services in which petroleum products are sold, which are not essential services in the strict sense of the term.

The Committee noted with interest that Ministerial Order No. 117 of 1998 repealed Ordinance No. 32 of 1994 pursuant to which revenue services were included in the list of essential services.

As the 1998 repeal order only appears to deal with the question of the essential nature of revenue services, the Committee requests the Government to confirm that the above Ordinances, in so far as they concern the restriction of strike action for workers in the postal, monetary, transport (civil aviation) and petroleum sectors, are no longer in force and to provide copies of the relevant repealing orders.

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

Finally, the Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, which essentially refer to issues already raised relating to the exercise of the right to strike.