Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Seychelles (Ratification: 1978)

Autre commentaire sur C105

Observation

Demande directe

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Article 1(d). Sanctions for participation in strikes. In its previous comments, the Committee noted that section 56(1) of the Industrial Relations Act 1991 (IRA) states that any person who calls, institutes, organizes, carries on, participates, procures or invites another person to take part in an unlawful strike or lockout shall be punished with a fine and imprisonment for a term of six months (involving an obligation to perform labour). The Committee previously noted the Government’s indication that section 56(1) cannot be applied for the peaceful participation in peaceful strikes but only applied to unlawful strikes constituting criminal offences. The Committee also noted that according to section 52(4) of the IRA, the minister is allowed to declare a strike to be unlawful if he or she is of the opinion that its continuance would endanger, amongst other things, “public order or the national economy”. Consequently, the Committee noted that it appeared that, in legislation, a strike could be declared unlawful even if conducted peacefully, and that a sanction of imprisonment involving compulsory labour could be imposed on a person peacefully participating in such a strike. The Committee requested the Government to take the necessary measures within the framework of the review of the IRA to bring the legislation into conformity with the Convention by ensuring that no sanctions of imprisonment, involving compulsory labour, can be imposed for the peaceful participation in a strike. Pending the adoption of such measures, the Committee also requested the Government to continue to provide any available information on the application of section 56(1) of the IRA in practice.

The Committee notes the Government’s indication in its report, that section 56(1) of the IRA does not apply to peaceful participation in peaceful strikes and that the section would only be relevant in relation to unlawful strikes constituting criminal offences. The Committee also notes that according to the Government, section 56(1) has not been applied in practice. The Committee takes note of the Government’s indication that, in view of the Committee’s comments, it has been proposed, as part of the ongoing review of the IRA, for offences related to strikes to be a penalty of a fine, excluding imprisonment. The proposals were presented to the national tripartite constituents in February and July 2016.

With reference to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee observes that the Government indicated that in 2015, the Ministry of Labour and Human Resources Development (MLHRD) established a committee to review the IRA and that this committee has only had the chance to examine sections 1–9, and that sections 52(4) and 56(1) have not yet been addressed. Moreover, a roadmap was prepared to ensure the regular process in the review of the IRA and priority was given to the review of the Employment Act, while the review of the IRA was put on hold due to the lack of expertise and human resources. The Committee also notes that the Government expressed the need for ILO technical assistance and stated that it would forward the draft IRA for the ILO’s comments prior to the validation workshop. While taking due note of this information and referring also to the comments addressed to the Government under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee trusts that the necessary measures will be taken to repeal or amend the above provisions of the Industrial Relations Act, so as to ensure that no sanction of imprisonment involving compulsory labour could be imposed as a punishment for peaceful participation in strikes. Please provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide copies of relevant court decisions handed down under the abovementioned provisions which could define or illustrate their scope.