Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

In its previous observation, the Committee noted the comments made by the International Trade Union Confederation (ITUC) in August 2008, by the National Confederation of Workers of Senegal (CNTS) in September 2008 and the Free Workers Union of Senegal (UTLS) in September 2007. The Committee notes the comments dated 24 August 2010 made by the ITUC on the application of the Convention and in particular on discriminatory practices in the recognition of trade unions, as well as on dismissals and suspensions of strikers. The Committee notes that the Government indicates that unions can be established freely, that they are recognized by the authorities and that therefore there could be no discriminatory practice. The Committee requests the Government to provide without delay its observations on the comments made by the ITUC on dismissals and suspensions of strikers, as well as on the comments of the ITUC, the CNTS and the UTLS referring to the intervention by the security forces during duly authorized protest marches and discriminatory practices in the recognition of unions.

Bringing national legislation into conformity with the Convention. In general, the Committee notes from the Government’s report that following a study on the compliance of the national legislation with the ILO fundamental Conventions, carried out with the assistance of the Office, measures are being taken to amend the legislation, including the Labour Code, with a view to ensuring full compliance with the Convention. The Committee welcomes the initiative and expects that the Government will provide in its next report all relevant information on the measures taken to amend its legislation taking into account the following points.

Article 2 of the Convention. Trade union rights of minors. The Committee expects that the Government will take all necessary measures to guarantee the right to organize of minors who have access to the labour market (persons of 15 years of age, according to section L.145 of the Labour Code) both as workers and as apprentices, without parental authorization being necessary.

Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization. The Committee recalls that for many years it has been commenting on the need to repeal Act No. 76-28 of 6 April 1976 and to amend section L.8 of the Labour Code (as amended in 1997) so as to guarantee to workers and their organizations the right to establish organizations of their own choosing without previous authorization. The Committee expects that the Government will take without delay the necessary measures in order to repeal the legislative provisions that restrain workers’ freedom to form their own organizations, especially provisions directed at the morality and capacity of workers’ representatives, or that granting to the authorities a discretionary power of prior approval, which is contrary to the Convention.

Article 3. Requisitioning. The Committee notes the Government’s indication that the Decree implementing section L.276 has not yet been adopted and that Decree No. 72-017 of 11 January 1972 determining the list of posts, jobs and functions in which the occupants may be requisitioned continues to be applied under section L.288 of the Labour Code. The Government indicates that it is considering adopting legislative texts implementing the Labour Code and, in particular, section L.276. The Committee expects that the Government will take without delay the necessary measures to adopt the Decree implementing section L.276 of the Labour Code and to establish a list of posts, jobs and functions authorizing requisitioning of workers only with a view to ensuring the operation of essential services in the strict sense of the term.

Occupation of workplaces during a strike. In its previous comments, the Committee noted that, under the terms of section L.276 in fine, workplaces or their immediate surroundings may not be occupied during a strike under penalty of sanctions established in sections L.275 and L.279. Noting the Government’s indication that it will consider the Committee’s proposal in the framework of the Labour Code reform, the Committee expects that the Government will take the necessary measures in order to include a provision which would ensure that the restrictions set forth in section L.276 in fine, apply only when strikes cease to be peaceful or when respect for freedom to work of non-strikers and the right of the management to enter the premises of the enterprise are hindered.

Article 4. Dissolution by administrative authority. The Committee notes the Government’s indication that it is committed to taking the relevant measures in order to amend its legislation with a view to including an explicit provision establishing that the dissolution of seditious associations, as envisaged by Act No. 65-40, may in no event be applied to occupational trade union organizations. The Committee expects that the Government will indicate all measures taken in this respect.