Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report. The Committee also notes the comments sent by the National Union of Angolan Workers–Trade Union Confederation (UNTA–CS) on the application of the Convention.

The Committee further notes that, according to the Government, new bills revising Trade Unions Act No. 21-C/92 and Strike Act No. 23/91 commented upon have been drafted which take into consideration some of the amendments requested by the Committee.

Referring to its previous comments, the Committee recalls that it had requested the Government:

–           to amend section 3 of Trade Unions Act No. 21-C/92 that provides that first-level organizations should include in their membership at least 30 per cent of the workers in the occupational branches and sectors of economic activity at the provincial level so as to lower the percentage of workers necessary to establish a first-level organization. The Committee notes that according to the Government’s indication the new bill repeals section 3;

–           to amend section 2(2) of Strike Act No. 23/91 that provides that any reduction or alteration of the timing and methods of work agreed upon collectively that do not imply a refusal to work is not considered a strike and is in consequence subject to disciplinary action, so as to ensure that these other forms of collective action are not subject to disciplinary action;

–           to amend section 6 of Strike Act No. 23/91 that provides for the prohibition of strike action for civilian workers in military institutions in order to ensure that these workers may have recourse to industrial action without penalty. The Committee notes the Government’s indication that the new bill repeals section 6(d) which refers to prison services workers. However, the Committee recalls that it had requested the amendment of the provision concerning civilian workers engaged in activities other than national defence in military institutions (section 6(e));

–           to amend section 10 of Strike Act No. 23/91 that provides for a requirement of two-thirds of the workers present in the assembly to declare a strike and establishes the right of the employer to request the presence of the public authority at an assembly for the calling of a strike in order to verify the regularity of its constitution and the adoption of the decisions;

–           to indicate, with respect to section 20(1) of Strike Act No. 23/91, which provides that workers and trade union bodies are under the obligation to provide, throughout the duration of pickets, the services necessary to satisfy the basic needs of the population, the precise meaning of the term “pickets” and the manner in which the minimum services required in such cases are established. The Committee recalls that the determination of minimum services and the minimum number of workers providing them should involve not only the public authorities, but also the relevant employers’ and workers’ organizations and that any disagreement should be settled by an independent body;

–           to amend section 20(3) of Strike Act No. 23/91 that provides for the requisitioning of workers in the case of strikes in post offices, fuel distribution, collective transportation and loading and unloading of foodstuffs, which are services that go beyond the definition of essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population), so as to ensure that this measure is only allowed to grant the operation of essential services in the strict sense of the term. The Committee notes the Government’s indication that the bill modifies section 20(3) and provides that “in the case of justified national interest and on an exceptional basis, the competent Labour Division of the Provincial Court may decide to engage in civil requisitioning to replace striking workers and guarantee the operation of the services and enterprises mentioned in the previous paragraphs for the duration of the strike”. The Committee recalls, nevertheless, that requisitioning should be limited to essential services as defined;

–           to ensure that section 27 of Strike Act No. 23/91 that provides for sanctions of imprisonment and fines for the organizers of a strike that has been forbidden, declared illegal or suspended is not applied in the case of legitimate industrial action and that imprisonment may only be imposed in the case of violent acts of a criminal nature;

–           to indicate the manner in which first-level organizations function and their relations with enterprise organizations, taking into account that section 3(6) of Trade Unions Act No. 21-C/92 provides that first-level organizations may be established on the basis of enterprise organizations;

–           to indicate whether the suspension of the employment contract of trade union officers provided for in section 31 of Trade Unions Act No. 21-C/92 is simply a worker’s right or whether all union officers have to suspend their employment temporarily. The Committee notes the Government’s indication that the employment contract is only suspended for the highest responsible officials in the trade unions. The Committee considers that this provision should be amended so as to clearly establish that the suspension of the contract of employment can only take place with the agreement of the trade union officer;

–           to indicate whether sympathy strikes or protest actions for economic and social policy considerations affecting workers, which are not considered in section 3 of Strike Act No. 23/91 can be exercised without penalty. The Committee notes the Government’s indication that taking into account that this type of strike is neither prohibited nor allowed, its exercise would depend on the degree of interrelation between the striking sectors;

–           to indicate, with respect to section 8(1) of the Strike Act that provides that the right to strike of workers in ports, airports, railways, air and maritime transport and any other enterprise that provides services or goods that are essential for the army shall be exercised in a manner that does not affect the supplies necessary for the national defence, the manner in which the level of the necessary supplies is established. The Committee notes the Government’s indication that the bill revising the Strike Act repeals this section;

–           to indicate if, following the repeal of subsection 8(1) indicated by the Government, subsection 8(2) that provides for compulsory conciliation and mediation procedures in the case provided for in subsection 8(1) will also be repealed;

–           to indicate the precise meaning of the phrase “situations affecting the public order or public calamities” provided for in subsection 8(4) that refers to the suspension of the right to strike by a resolution of the Council of Ministers in the event of public calamities, and the circumstances and the number of occasions in which this provision has been applied. The Committee notes the Government’s indication that there is no knowledge of the practical application of this provision and that it will be modified by the new bills in the sense that the suspension will be decided by the judicial authority.

The Committee expresses the firm hope that the bills revising Trade Unions Act No. 21-C/92 and Strike Act No. 23/91 that according to the Government have been recently drafted will soon be approved by the National Assembly and that they will take fully into account the previous comments in order to bring the current legislation into full conformity with the Convention. The Committee requests the Government to provide it with a copy of these bills in its next report.