Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 382, Juin 2017

Effect given to the recommendations of the Committee and the Governing Body

1. 134. The Committee last examined this case, which concerns restrictions on the right of workers, including migrant workers, to establish and join organizations of their own choosing, to strike and bargain collectively, as well as excessive state control of trade union activities, at its October–November 2015 meeting [see 376th Report, paras 136–141]. On that occasion, the Committee highlighted the need to give effect to the fundamental principles of freedom of association and collective bargaining and urged the Government to take the necessary measures without delay to amend the Labour Law (in particular sections 3, 116, 119, 120, 123 and 130) and Decree No. 10/2006. The Committee further reminded the Government that, within the framework of the ongoing collaboration with the ILO, it may avail itself of the specific technical assistance of the Office to bring national legislation and practice into full conformity with the principles of freedom of association.
2. 135. In its communication dated 1 March 2017, the Government states that, with respect to the requested amendments to the Labour Law and the adoption of further enabling provisions, a technical cooperation agreement is currently being finalized with the ILO which includes giving a voice to workers and refers to an ILO visit in February 2017 to discuss this agreement. The Government further indicates that a decision has not yet been issued to give effect to section 127 of the Labour Law, but that it will benefit from the technical cooperation agreement under preparation. With respect to eliminating restrictions placed on the freedom of association rights of migrant workers, the Government refers to the important role of trade unions and reiterates that the Labour Law contains a chapter on the establishment of trade union organizations.
3. 136. The Committee takes due note of the Government’s information on its engagement with the ILO towards a technical cooperation programme. Welcoming the Government’s indication that this will include measures to give a voice to workers, the Committee urges the Government to continue this engagement and pursue its efforts to avail itself of the technical assistance of the Office to bring national legislation and practice into full conformity with the principles of freedom of association, including with respect to the need to amend the Labour Law and adopt further enabling provisions in accordance with the principles enunciated in its earlier conclusions [see 371st Report, paras 837–861] and to amend Decree No. 10/2006 so as to ensure that the model statute annexed thereto shall serve only as guidance for labour organizations and that migrant workers may fully exercise these fundamental rights. The Committee requests the Government to keep it informed of all measures taken or envisaged in respect of the above, including within the framework of the ongoing dialogue with the ILO.