Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 31 August 2016. The Committee also notes the observations of the International Organisation of Employers (IOE) received on 1 September 2016, which are of a general nature. The Committee further notes the response of the Government to the ITUC’s observations.

Articles 2 to 4 of the Convention. Trade Unions Act. The Committee notes that the ITUC alleges that a number of the provisions of the Trade Unions Act (TUA) unduly restrict trade union rights under the Convention. The Committee further notes that the Government indicates that it intends to review the TUA and that during the legislative reform project the comments of the ITUC will be considered as part of the review process. In this respect, the Committee observes that the following sections of the TUA raise issues of compatibility with the Convention: (i) section 10 requires unions to register, subjects the registration to the permission of the Registrar and provides that in the event of failure to register the officers or an unregistered trade union are liable to a fine of 40 dollars for every day for which the union remains unregistered (the Committee recalls that the right to establish organizations without previous authorization entails that the authorities should not have discretionary power to refuse the establishment of an organization and that the exercise of legitimate trade union activities should not be dependent upon registration); (ii) section 16(4) allows the Registrar to order an inspection of the books, accounts, securities, funds and documents of the trade union (the Committee recalls that financial supervision of unions should be limited to the obligation of submitting annual financial reports and verifications should be carried out only when there are serious grounds for believing that the actions of a union are contrary to its rules or the law, or when a significant number of workers request such verification by raising a complaint or in relation to allegations of embezzlement); (iii) section 18(1)(d) enables the Registrar to withdraw or cancel the certificate of registration on certain grounds (the Committee notes that under the Convention unions shall not liable to be dissolved or suspended by the administrative authority, and that the possibility under section 18(1)(e) to appeal such decisions by the Registrar should have the effect of a stay of execution); and (iv) section 33 limits the right of unions to administer their funds in relation to political activities (unduly restricting the possibilities of unions to legitimately engage on matters of economic or social policy affecting their members or workers in general). The Committee requests the Government to take the necessary measures to amend the abovementioned provisions and to bring the TUA and its application into full conformity with the Convention. Recalling that the Government may avail itself of the technical assistance of the Office, the Committee requests the Government to provide information on any development concerning the review and amendment of the TUA.

Article 3. Right of organizations to organize their activities freely and to formulate their programmes. In its previous comments, the Committee has been referring for a number of years to the need to amend or repeal the following sections of the Industrial Relations Act (IRA): (i) section 59(4)(a) concerning the majority required for calling a strike; (ii) sections 61(d) and 65 concerning recourse to the courts by either party or by the Ministry of Labour to end a strike; and (iii) section 67 (in conjunction with the second schedule) and section 69 concerning services in which industrial action may be prohibited. Furthermore, the Committee observes that section 2(3) of the IRA excludes from its scope of application the following categories of workers: members of the teaching service or employed in a teaching capacity by a university or other institution of higher learning, apprentices, domestic workers, and persons in enterprises with policy and other managerial responsibilities (all of which should enjoy the guarantees set out in the Convention, be it through the IRA or other applicable legislation). The Committee notes that the Government indicates that the Industrial Relations (Amendment Bill) 2015 was introduced in the House of Representatives on 1 May 2015 but that, after two readings, the Bill lapsed in June 2015 due to the end of the parliamentary term. The Government notes that a new parliamentary term commenced on 23 September 2015 and that it is anticipated that action will be taken in respect for the amendment of the IRA in due course. The Committee firmly hopes that the amendment of the IRA will address its comments related to sections 59(4)(a), 61(d), 65, 67 and 69. The Committee further requests the Government to clarify how the abovementioned categories of workers excluded from the scope of the IRA under section 2(3) enjoy the rights under Article 3 of the Convention. Recalling that the Government may avail itself of the technical assistance of the Office, the Committee requests the Government to indicate any progress made in this respect.