Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes with interest the adoption of the Employment Relations Act 2008 (ERA) which, once proclaimed, will replace the Industrial Relations Act 1973 (IRA). The Committee notes that the ERA contains significant improvements in relation to the freedom of association provisions of the IRA, by recognizing among other things the right to organize of firefighters and prison officers and largely abolishing the discretionary powers of the registrar over the establishment and activities of trade unions. The Committee requests the Government to indicate in its next report progress made with regard to the proclamation of the ERA and to transmit the relevant text as soon as it enters into force.

The Committee also notes that certain discrepancies remain between some provisions of the ERA and the Convention, especially in relation to the mechanism for the resolution of industrial disputes. The Committee examines these issues in a request addressed directly to the Government.

The Committee further takes note of the comments of the Federation of Parastatal Bodies and other Unions (FPBOU) transmitted with the Government’s report, as well as the comments made by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008, concerning the application of the Convention. In particular, the Committee would like to draw the Government’s attention to the following issues raised by the ITUC.

Article 2 of the Convention. Right to organize. The Committee notes the serious issues raised by the ITUC with regard to the vulnerability of migrant workers to trade union rights violations and the specific cases mentioned by the ITUC as an illustration of coordinated action by the Government and employers in order to send (mostly women) migrant workers back to their country of origin on the grounds of “breach of contract” for having staged a strike. The ITUC also refers to hostility to trade unions by employers in the export processing zones (EPZs) and difficulties to make contact with migrant workers as trade unionists do not have access to the workplace; as a result, union density in the EPZs is below 12 per cent. The Committee takes note of the Government’s reply according to which the work stoppages to which the ITUC refers were all illegal strikes as a result of which certain workers were repatriated by their employer. The Government adds that migrant workers have the same rights as other workers and regular inspection visits are carried out at workplaces where migrant workers are employed.

The Committee recalls that in a previous direct request it had requested the Government to provide statistical information on the unionization levels of migrant workers in the EPZs and offshore companies. It notes that according to the Government, section 13 of the ERA provides that any non-citizen shall be entitled to be a member of a trade union provided they hold a work permit. According to the Government, it is difficult to provide statistical information on the unionization levels of migrant workers in the EPZs and offshore companies, since there is no specific trade union catering exclusively for migrant workers and they are free to join any trade union of their choice. The Committee requests the Government to indicate the measures taken in order to guarantee migrant workers their trade union rights both in law and in practice. The Committee notes that an appropriate measure in this regard could be to allow for the organization of awareness-raising activities in the EPZs to apprise migrant workers of the advantages of unionization. The Committee also requests the Government to take the necessary measures for the collection of data on unionization levels of migrant workers in the EPZs and offshore companies.

The Committee further notes that the ITUC refers in its comments to the prosecution of the President of the Fédération des Syndicats du Service Civil (FSSC) and the President of the Government Servants Association (GSA), for contravening the Public Gathering Act. The Committee notes that this issue is currently under examination by the Committee on Freedom of Association in the framework of Case No. 2616 and the Government has been requested to facilitate a speedy resolution of this case which is pending on appeal, and raise with the competent authorities the possibility of giving a favourable review to this matter (351st Report, paragraphs 990–1015).