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

The Committee notes that the Government’s report has not been received. It also notes the comments of 28 August 2007 by the International Trade Union Confederation (ITUC) reiterating the comments made in 2006 by the International Confederation of Free Trade Unions (ICFTU, not ITUC) on matters already raised by the Committee. The ITUC reports recurring intimidation and threats against trade union leaders and violent repression of strikes by the police. The Committee hopes that the Government will do its utmost to ensure that henceforth the rights of workers’ and employers’ organizations are fully observed in a climate free from violence and pressure or threats of any kind against the leaders and members of these organizations. The Committee requests the Government to send its observations on the ITUC’s comments.

The Committee recalls that in its previous comments the Committee raised a number of points about the national legislation as follows:

–           the need for measures to set up an independent body that has the trust of the parties and is able to rule promptly on difficulties encountered in defining the minimum service where the parties are unable to agree as to the minimum service in transport and communications (which are not deemed essential in the strict sense of the term); and

–           the need for measures to ensure that compulsory arbitration (established in section 342, 350 and 351 of the Labour Code) is restricted to cases where the two parties agree to request it, in essential services in the strict sense of the term or in the event of acute national crisis.

While noting the difficulties the country is facing, the Committee reminds the Government that in its last report it undertook to take account of the Committee’s comments when revising the Labour Code. The Committee trusts that the Government will address these matters very shortly, in consultation with the representative organizations of employers and workers concerned, and asks it to keep it informed of any developments in the situation.

The Committee reminds the Government that it may seek technical assistance from the Office.