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

The Committee notes with regret that the Government’s report has not been received. The Committee also notes that the Conference Committee on the Application of Standards regretted that it was unable to examine the case of the application of the Convention by Equatorial Guinea owing to the fact that the Government was not represented at the Conference.

The Committee also notes the comments from the International Trade Union Confederation (ITUC) dated 29 August 2008, which refer once again to the legislative issues which are under examination and the administrative authority’s refusal to register a number of trade unions, including the Trade Union of Workers of Equatorial Guinea (UST), the Independent Services Union (SIS), the Teachers’ Trade Union Association (ASD) and the Agricultural Workers’ Organization (OTC). The Committee once again urges the Government to register without delay the trade union organizations, whose registration was refused and inform it of the measures taken or envisaged to ensure that workers are able to establish organizations of their choosing.

The Committee recalls that for a number of years it has been requesting the Government to:

–      amend section 5 of Act No. 12/1992, which provides that employees’ organizations may be occupational or sectoral – so that workers may, if they so desire, establish enterprise trade unions;

–      amend section 10 of Act No. 12/1992, which provides that for an occupational association to obtain legal personality it must, inter alia, have a minimum of 50 employees in order to reduce the number of workers required to a reasonable level;

–      confirm that, as a result of a revision of the Fundamental Act in 1995 (Act No. 1 of 1995), the right to strike is recognized in public utilities and is exercised under the conditions laid down by law;

–      provide information on the services deemed to be essential, and on how the minimum services to be ensured are determined, as provided for in section 37 of Act No. 12/1992; and

–      state whether public servants who do not exercise authority in the name of the State enjoy the right to strike (section 58 of the Fundamental Act).

The Committee urges the Government to take the necessary steps to amend the legislation in order to bring it into full conformity with the provisions of the Convention. The Committee expresses the hope that the Government will send a detailed report next year for examination by the Committee in the context of the regular reporting cycle and that it will contain full information on the issues raised.

The Committee expresses the firm hope that the Government will take all possible steps without delay to renew the constructive dialogue with the ILO. Furthermore, taking into account the gravity of the situation, it urges the Government to seek technical assistance from the Office to ensure the full application of the Convention.