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

The Committee takes note of the Government’s report. It recalls that for several years it had been requesting the Government to amend the Settlement of Disputes in Essential Services Act of 1939, amended on several occasions, which empowers the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in services that are not to be considered essential in the strict sense of the term.

The Committee notes that the Government indicates that the last amendment to the abovementioned Act was S.I. No. 117 of 1998 and that currently, the services listed under the Act as essential are:

–           airports (civil aviation and airport security services);

–           electricity services;

–           health services;

–           hospital services;

–           monetary and financial services (banks, Treasury, Central Bank of Belize);

–           the national fire service;

–           the port authority (pilots and security services);

–           postal services;

–           sanitary services;

–           the social security scheme administered by the Social Security Board;

–           telecommunications services;

–           telephone services;

–           water services; and

–           services in which petroleum products are sold, supplied, transported, conveyed, handled, loaded, unloaded or sold.

The Committee considers that the banking sector, civil aviation, port authority (pilots), postal services, social security scheme and petroleum sector cannot be considered as essential services in the strict sense of the term in which a strike could be prohibited. Nevertheless, the Committee considers that in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). In the view of the Committee, such a service should meet at least two requirements. Firstly, it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear. Secondly, since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 161).

The Committee requests the Government to take the necessary measures to amend the Settlement of Disputes in Essential Services Act taking into consideration the abovementioned principles and to provide information on any development in this respect in its next report.