Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Seychelles (RATIFICATION: 1978)

CMNT_TITLE

The Committee notes the observations of the Association of Seychelles Employers (ASE) and the Seychelles Chamber of Commerce and Industry (SCCI), communicated with the Government’s report, as well as the Government’s statement pertaining to the status of the review of the Industrial Relations Act (IRA) set out below.

In its previous comment, the Committee had requested the Government to provide information on the developments regarding the review of the IRA, particularly the amendments of its following provisions:

• -section 9(1), so as to repeal the Registrar ’s discretionary power to refuse registration;
• -section 52(1)(a)(iv), so as to reduce the majority required to declare a strike to a simple majority;
• -section 52(1)(a)(iii), so as to consider shortening the length of the cooling-off period;
• -section 52(4), so as to ensure that the responsibility for declaring a strike illegal does not lie with the government authorities, but with an independent body which has the confidence of the parties involved; and
• -section 56(1), which imposes penalties of up to six months of imprisonment for organizing or participating in a strike declared unlawful.

The Committee notes the Government’s indications that a report with the recommendations for amendments developed by an ILO consultant in 2021 is currently under review by the Ministry of Employment and Social Affairs. According to the Government, the report contains recommendations: to repeal section 9; to provide that the strike ballot “shall be successful where it obtains the support of a majority of the workers in the bargaining unit concerned by the labour dispute”; to amend section 56(1) so as to limit the penalty to solely a monetary fine, as opposed to a monetary fine combined with imprisonment; and to set up a Commission for Conciliation and Mediation which will have statutory powers to create a deadlock breaking mechanism and prevent strike action. No recommendation has been made regarding the authority to declare a strike unlawful. The Government indicates that it is yet to finalize its position on the proposals. While taking due note of the work carried out with the technical assistance of the ILO, the Committee recalls that it has been requesting the Government to amend the IRA for a number of years. It therefore urges the Government to take all necessary steps to expedite the legislative review, in consultation with the social partners, and to take into account the Committee’s previous comments, including its expectation that the amendment of section 52(1)(a)(iv) will continue to ensure that account is taken only of votes cast, as well as its comments on provisions apparently not mentioned in the consultant’s report. The Committee requests the Government to provide information on the developments in this regard.

The Committee notes the Government’s indication that while the 45 days cooling-off period is not preceded by compulsory prior mediation or conciliation procedure and begins at the time of the reporting of the dispute to the Minister, in its view, it is possible to further shorten it to 30 days, in consultation with the social partners. Recalling that the period of advance notice should not be an additional obstacle to bargaining, the Committee requests the Government to provide information of developments in this respect.

CMNT_TITLE

In its previous comments, the Committee had requested the Government to provide information on any development concerning the review of the Industrial Relations Act (IRA) and, in particular, the amendment of its following provisions:

• -section 9(1)(b) and (f), which confers on the Registrar discretionary power to refuse registration;
• -section 52(1)(a)(iv), which provides that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;
• -section 52(1)(b), which provides for a cooling-off period of 60 days before a strike may begin;
• -section 52(4), which allows the minister to declare a strike to be unlawful if he or she is of the opinion that its continuance would endanger, among other things, “public order or the national economy”; and
• -section 56(1), which imposes penalties of up to six months of imprisonment for organizing or participating in a strike declared unlawful on the basis of the IRA provisions.

The Committee welcomes the Government’s indication that consultations were held with the social partners and other key stakeholders on the proposed amendments to the IRA. In this respect, the Government indicates that it has proposed to amend section 52(1)(a)(iv) so as to reduce the majority required to declare a strike to a simple majority. The Committee notes with interest the proposed amendment and trusts that the provision in question will continue to ensure that account is taken only of the votes cast.

The Committee takes due note of the Government’s intention to reduce the length of the compulsory conciliation and mediation procedure to 30 days. In this respect, it further notes the Government’s indication that section 52(1)(a)(iii), and not section 52(1)(b), provides for the cooling-off period and sets it at 45 days. The Committee recalls in this respect that in so far as cooling-off periods are conceived as a stage designed to encourage the parties to engage in final negotiations before resorting to strike action, such provisions may be seen as measures taken to encourage and promote the development of voluntary bargaining, however, the cooling-off period should not be an additional obstacle to bargaining, and it should be shorter if it follows a compulsory prior mediation or conciliation procedure which itself is already lengthy (see 2012 General Survey on freedom of association and collective bargaining, paragraph 145). Noting the existence of a dispute settlement procedure before the cooling-off period, the Committee requests the Government to consider the length of the period provided for in section 52(1)(a)(iii) in consultation with the social partners with a view to shortening it. It requests the Government to provide information on the developments in this respect.

The Committee further notes the Government’s intention to restrict the situations where a strike can be declared unlawful by the minister under section 52(4) to cases of acute national crisis. In this regard, the Committee recalls that the responsibility for declaring a strike illegal should not lie with the government authorities, but with an independent body which has the confidence of the parties involved (see General Survey, op. cit., paragraph 157). Accordingly, the Committee requests the Government to amend section 52(4) so as to bring it into conformity with the Convention.

The Committee regrets that no information was provided on the measures to amend sections 9(1)(b) and 56(1) of the IRA. The Committee trusts that the review of the IRA will continue in consultation with the social partners and with the technical assistance of the ILO, and that sections 9(1)(b) and (f), 52(1)(a)(iv), 52(1)(b), 52(4), and 56(1) of the IRA will be amended taking into account the Committee’s comments. The Committee requests the Government to provide information on the developments in this respect.

CMNT_TITLE

The Committee takes note of the observations submitted by the Association of Seychelles Employers and the Seychelles Federation of Workers’ Unions (SFWU), received on 31 August 2015, which refer to matters already examined by the Committee. The Committee also takes note of the observations provided by the International Organisation of Employers (IOE) in a communication received on 1 September 2015, which are of a general nature.

The Committee recalls that for several years it has been commenting upon and requesting the Government to take the necessary measures to amend several provisions of the Industrial Relations Act (IRA) concerning the issues of trade union registration and the exercise of the right to strike. The Committee welcomes the Government’s indications that: (i) in 2012, the Ministry of Labour and Human Resources Development (MLHRD) established a committee to review the IRA, composed of representatives from the MLHRD, the employers’ and workers’ organizations and other stakeholders from the ministries, departments and a non-governmental organization; (ii) the IRA Committee actively met on four occasions between April and July 2013 during which it proceeded to an analysis of the IRA by order of the sections; and (iii) the social partners in the IRA Committee found that section 9(b) provided discretionary powers to the Registrar and was unnecessary as the issue of trade union activities likely to cause a serious threat to public safety, public order or public health was already covered by section 19 of the Public Order Act, 2013. The Committee further notes that in its report the Government informs that: (i) in relation to section 9(1)(f) of the IRA there are currently no specific qualifications required to hold any office in a trade union; (ii) since the IRA Committee only had a chance to examine sections 1 to 9, the Committee’s remaining comments regarding sections 52(1)(a)(iv), 52(4), 52(1)(b) and 56(1) have not yet been addressed; (iii) although a roadmap was prepared to ensure regular progress in the review of the IRA, 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; (iv) as a result of the delay, the MLHRD contracted a consultancy to review the IRA to ensure its compatibility with the national labour legislation and international labour standards, the main work of which will be undertaken from September 2015 to February 2016, with the validation workshop of the IRA draft scheduled to take place in February 2016; (v) the terms of reference of the IRA consultancy were forwarded to the ILO Country Office in Antananarivo; and (vi) the Committee’s comments will be considered by both the IRA Committee and the IRA consultancy in their review of the legal instrument. The Committee observes that the Government expressed the need for ILO technical assistance and stated that it would forward the IRA draft for the ILO’s comments prior to the validation workshop.

The Committee trusts that the review of the IRA will continue without delay, in consultation with the social partners and with the technical assistance of the ILO requested by the MLHRD, and that the following sections of the IRA will be amended taking into account the Committee’s previous comments:

• -section 9(1)(b) and (f), which confers on the Registrar discretionary power to refuse registration;
• -section 52(1)(a)(iv), which provides that a strike has to be approved by two thirds of union members present and voting at the meeting called for the purpose of considering the issue;
• -section 52(1)(b), which provides for a cooling-off period of 60 days before a strike may begin;
• -section 52(4), which allows the minister to declare a strike to be unlawful if he or she is of the opinion that its continuance would endanger, among other things, “public order or the national economy”; and
• -section 56(1), which imposes penalties of up to six months of imprisonment for organizing or participating in a strike declared unlawful on the basis of the IRA provisions.

The Committee requests the Government to provide information on any developments in this respect.

CMNT_TITLE

The Committee recalls that for several years it has been commenting upon several provisions of the Industrial Relations Act (IRA) concerning the issues of trade union registration and the exercise of the right to strike. The Committee notes that in its report, the Government informs that the review of the IRA remains important and reiterates its desire to receive technical assistance from the Office in this regard. The Government informs in this regard that an ILO mission is planned to take place in 2013 together with national training on various dispute resolution systems for relevant stakeholders. The Government reiterates that once a tripartite committee responsible to make proposals towards the review of the IRA is set up, the Committee’s observations will be brought to its attention for further action. The Government explains that the review has been delayed due to the difficulty faced by the Ministry of Labour and Human Resource Development in terms of limited human resources capacity of the division responsible to review the legislation. The Government indicates, however, that notwithstanding the above, as part of the Government’s effort to comply with its international obligations, a national tripartite workshop on international labour standards and reporting was organized by the Government in collaboration with the ILO in August 2012. The aim of the workshop was to sensitize key ministries on the terms and provisions of the ratified ILO Conventions and to identify focal points in the relevant departments to ensure sustainability of reporting. The Committee trusts that the review of the IRA will begin without further delay, in consultation with the social partners and with ILO technical assistance, and that the following sections of this legislation will be amended taking into account the Committee’s previous comments:

• -section 9(1)(b) and (f), which confers to the registrar discretionary power to refuse registration;
• -section 52(1)(a)(iv), which provides that a strike has to be approved by two thirds of union members present and voting at the meeting called for the purpose of considering the issue;
• -section 52(4), which allows the minister 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”;
• -section 52(1)(b), which provides for a cooling-off period of 60 days before a strike may begin; and
• -section 56(1), which imposes penalties of up to six months of imprisonment for organizing or participating in a strike declared unlawful on the basis of the IRA provisions.

The Committee requests the Government to indicate in its next report all progress made in this respect.

CMNT_TITLE

The Committee recalls that for several years it has been commenting upon several provisions of the Industrial Relations Act (IRA) concerning the issues of trade union registration and the exercise of the right to strike. The Committee notes that, according to the information provided in the Government’s report, while a review of the IRA is high on the list, it will only be undertaken after the revision of the Employment Act, currently under review. The Government indicates that once the committee responsible to review the IRA is set up, the Committee’s observations will be brought to its attention for further action. The Committee therefore once again requests the Government to amend the following sections of the IRA:

–      section 9(1)(b) and (f), which confers to the registrar discretionary power to refuse registration;

–      section 52(1)(a)(iv), which provides that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

–      section 52(4), which allows the minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst other things, “public order or the national economy”;

–      section 52(1)(b), which provides for a cooling-off period of 60 days before a strike may begin; and

–      section 56(1), which imposes penalties of up to six months of imprisonment for organizing or participating in a strike declared unlawful on the basis of the IRA provisions.

The Committee expresses the hope that the Industrial Relations Act will soon be amended, taking into account previous comments by the Committee and requests the Government to indicate any progress in this respect.

In its previous observation, the Committee had noted the Government’s desire to avail itself of the technical assistance of the Office in this process. The Committee trusts that the necessary technical assistance of the Office, requested by the Government, will be provided in the near future.

CMNT_TITLE

The Committee recalls that for several years, it has been commenting upon several provisions of the Industrial Relations Act (IRA) concerning the issues of trade union registration and the exercise of the right to strike. The Committee notes that, according to the information provided in the Government’s report, there have been no changes in the legislation and that the IRA has not yet been revised. The Committee therefore once again requests the government to amend the following sections of the IRA:

–      section 9(1)(b) and (f), which confers to the registrar discretionary power to refuse registration;

–      section 52(1)(a)(iv), which provides that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

–      section 52(4), which allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst other things, “public order or the national economy”;

–      section 52(1)(b), which provides for a cooling-off period of 60 days before a strike may begin; and

–      section 56(1), which imposes penalties of up to six months of imprisonment for organizing or participating in a strike declared unlawful on the basis of the IRA provisions, some of which, as mentioned above, are not in conformity with the principles of freedom of association.

In its previous observation, the Committee had noted that the Employment Department in the Ministry of Economic Planning and Employment had started to undertake consultations with social partners and other stakeholders on the issues raised by the Committee. The Committee had also noted the Government’s desire to avail itself of the technical assistance of the Office in this process. The Committee expresses the hope that the Industrial Relations Act will soon be amended, taking into account previous comments by the Committee and requests the Government to indicate any progress in this respect. The Committee trusts that the necessary technical assistance of the Office, requested by the Government, will be provided in the near future.

CMNT_TITLE

The Committee notes the information provided in the Government’s report.

For many years the Committee’s comments have focused on the following points:

–      section 9(1)(b) and (f) of the 1993 Industrial Relations Act conferring to the registrar discretionary power to refuse registration;

–      section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

–      section 52(4) allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst other things, “public order or the national economy”;

–      section 52(1)(b) provides for a cooling-off period of 60 days before a strike may begin; and

–      certain prohibitions of, or restrictions on, the right to strike which may or may not be in conformity with the principles of freedom of association, sometimes provide for civil or penal sanctions against strikers and trade unions that have violated these provisions.

The Committee notes the Government’s indication that the Industrial Relations Act of 1993 was reviewed in 1994 in light of the Committee’s observations and that, as a result, provision 9(1)(b) was repealed. In this respect, the Committee observes that the 1994 amendment of the Industrial Relations Act refers to section 9(1)(e) and not 9(1)(b). Moreover, the Committee notes the Government’s indication that there has been no instance where a trade union has been refused registration under provision 9(1)(b).

The Committee further notes the Government’s indication that section 9(1)(f) and a few other provisions commented upon by the Office fall short of the Convention’s requirements and that, as a result, the Employment Department in the Ministry of Economic Planning and Employment has started to undertake consultations with social partners and other stakeholders on the matter. The Committee notes the Government’s indication that it has already expressed its desire to avail itself of the technical assistance of the Office towards bringing the Industrial Relations Act into conformity with Convention No. 87. The Committee notes the Government’s statement to the effect that draft legislation is being prepared and will be sent to the Office in the not too distant future. The Committee expresses the hope that this draft legislation will take into account previous comments by the Committee and requests the Government to keep it informed of any progress in this respect.

CMNT_TITLE

The Committee notes the Government’s report. It notes, however, that the report does not respond to the points the Committee has been raising in its comments for many years.

Articles 2 and 3 of the Convention. Right of workers to establish organizations of their own choosing without previous authorization; right of workers’ organizations to formulate their programme of action without interference by the public authorities. The Committee noted previously that the conditions set in section 9(1)(b) of the Industrial Relations Act of 1993 allow the registrar to refuse registration at his discretion. The Committee also noted that under section 9(1)(f) of the Act, the registrar may refuse registration if the trade union’s constitution does not contain adequate provision, or is not organized to provide adequately, for the protection and promotion of the interests of its members in every trade which it purports to represent. The Committee reminds the Government that workers’ organizations have the right to draw up their own administrative rules and regulations and that the public authorities must refrain from intervening in any way which would impair that right. It therefore once again asks the Government to provide information in its forthcoming reports on any instances of the registrar refusing registration on the basis of sections 9(1)(b) or 9(1)(f).

Articles 3 and 10. Right to strike. For many years the Committee’s comments have focused on the following points:

-  section 52(1)(a)(iv) of the 1993 Industrial Relations Act stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-  section 52(4) allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst other things, "public order or the national economy";

-  section 52(1)(b) provides for a cooling-off period of 60 days before a strike may begin; and

-  certain prohibitions of, or restrictions on, the right to strike which may or may not be in conformity with the principles of freedom of association, sometimes provide for civil or penal sanctions against strikers and trade unions that have violated these provisions.

The Committee notes the Government’s statement that it is strongly committed to bringing its legislation into conformity with the principles of freedom of association. The Committee expresses the firm hope that the necessary steps will be taken in the near future and reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalls that its previous comments concerned the following:

Articles 2 and 3 of the Convention. Legislative restrictions on the right of workers to establish organizations of their own choosing without previous authorization, and on the right of workers’ organizations to formulate their programme of action to further and defend the professional interests of their members without interference by the public authorities. The Committee had noted that the conditions set out in section 9(1)(b) of the Industrial Relations Act of 1993, for the compulsory registration of trade unions, confer on the Registrar a discretionary power to refuse registration. The Committee further notes that the Registrar may refuse to register a trade union under section 9(1)(f) of the Act if its constitution does not contain adequate provision, or it is not organized to provide adequately, for  the protection and promotion of the interests of its members in every trade which it purports to represent. The Committee recalls that workers’ organizations have the right to draw up their constitutions and their rules and that public authorities should refrain from any interference which would restrict this right, and thus requests once again the Government to keep it informed in its next reports of any instance where the Registrar has refused registration under sections 9(1)(b) or 9(1)(f).

Articles 3 and 10. The right to strike. The Committee recalls that it has been commenting for several years on the following points:

-  section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-  section 52(4) allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order or the national economy";

-  section 52(1)(b) provides for a cooling-off period of 60 days before a strike may commence; and

-  certain prohibitions of, or restrictions on, the right to strike, which may or may not be in conformity with the principles of freedom of association, sometimes provide for civil or penal sanctions against strikers and trade unions who have violated these provisions.

The Committee once again requests the Government to keep it informed of the measures taken or envisaged to amend sections 52(1)(a)(iv), 52(1)(b), 52(4) and 56(1)(a) and (b) in order to bring its legislation into conformity with the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee takes note of the Government’s report. It notes in particular the Government’s indication that steps have already been taken to bring all the comments that were raised in the past before the National Tripartite Employment and Labour Council (NTELC). It further notes that the Government has approached the Office for assistance with regard to a national programme entitled Consolidating Rights at Work and Labour Relations in Seychelles in which revision of labour laws is one of the major programmes to be implemented.

The Committee recalls that its previous comments concerned the following:

Articles 2 and 3 of the Convention. Legislative restrictions on the right of workers to establish organizations of their own choosing without previous authorization, and on the right of workers’ organizations to formulate their programme of action to further and defend the professional interests of their members without interference by the public authorities. The Committee had noted that the conditions set out in section 9(1)(b) of the Industrial Relations Act of 1993, for the compulsory registration of trade unions, confer on the Registrar a discretionary power to refuse registration. The Committee further notes that the Registrar may refuse to register a trade union under section 9(1)(f) of the Act if its constitution does not contain adequate provision, or it is not organized to provide adequately, for  the protection and promotion of the interests of its members in every trade which it purports to represent. The Committee recalls that workers’ organizations have the right to draw up their constitutions and their rules and that public authorities should refrain from any interference which would restrict this right, and thus requests once again the Government to keep it informed in its next reports of any instance where the Registrar has refused registration under sections 9(1)(b) or 9(1)(f).

Articles 3 and 10. The right to strike. The Committee recalls that it has been commenting for several years on the following points:

-  section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-  section 52(4) allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order or the national economy";

-  section 52(1)(b) provides for a cooling-off period of 60 days before a strike may commence; and

-  certain prohibitions of, or restrictions on, the right to strike, which may or may not be in conformity with the principles of freedom of association, sometimes provide for civil or penal sanctions against strikers and trade unions who have violated these provisions.

The Committee once again requests the Government to keep it informed of the measures taken or envisaged to amend sections 52(1)(a)(iv), 52(1)(b), 52(4) and 56(1)(a) and (b) in order to bring its legislation into conformity with the provisions of the Convention.

CMNT_TITLE

The Committee takes note of the Government’s report. The Committee recalls that its previous comments concerned the following discrepancies between the national legislation and the guarantees provided for in the Convention.

Articles 2 and 3 of the Convention. Legislative restrictions on the right of workers to establish organizations of their own choosing without previous authorization, and on the right of workers’ organizations to formulate their programme of action to further and defend the professional interests of their members without interference by the public authorities.  The Committee had noted that the conditions set out in section 9(1)(b) of the Industrial Relations Act of 1993, for the compulsory registration of trade unions, confer on the Registrar a discretionary power to refuse registration. In its latest report, the Government indicates that the public authorities are not at all involved in the drafting of the workers’ organization’s constitution and their rules and pointed out that the Registrar may refuse to register a trade union under section 9(1)(f) of the Act if its constitution does not contain adequate provision, or it is not organized to provide adequately, for the protection and promotion of the interests of its members in every trade which it purports to represent. While taking note of this information, the Committee recalls that workers’ organizations have the right to draw up their constitutions and their rules and that public authorities should refrain from any interference which would restrict this right, and thus requests the Government to keep it informed in its next reports of any instance where the Registrar has refused registration under sections 9(1)(b) or 9(1)(f).

With regard to senior public officials, namely those exercising senior managerial or policy-making responsibilities, the Committee had drawn the Government’s attention to the fact that these public servants should be entitled to establish their own organizations. In this respect, the Government indicates that all public servants, other than those specified under section 3(2) of the Industrial Relations Act, 1993, are entitled to establish and join organizations of their own choosing. The Government points out that there is a teachers, medical and other public service employees’ union, of which membership is open to senior public officials if they wish to join the union, and that there are currently senior officials who are members of this union. The Committee takes note of this information with interest.

Articles 3 and 10. The right to strike.  The Committee recalls that it has been commenting for several years on the following points:

-  section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-  section 52(4) allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order of the national economy";

-  section 52(1)(b) provides for a cooling-off period of 60 days before a strike may commence; and

-  certain prohibitions of, or restrictions on, the right to strike, which may or may not be in conformity with the principles of freedom of association, sometimes provide for civil or penal sanctions against strikers and trade unions who have violated these provisions.

The Committee notes that the Government indicates in its latest report that an Employment Task Force has been created in the Ministry of Social Affairs and Manpower Development to consider the issues related to sections 52(1)(a)(iv), 52(1)(b), 52(4) and 56(1)(a) and (b). The matter will thereafter be placed before the social partners and other relevant stakeholders at the National Employment and Labour Council for further discussion. The Committee takes note of this information and requests once again the Government to keep it informed of the measures taken or envisaged to amend sections 52(1)(a)(iv), 52(1)(b), 52(4) and 56(1)(a) and (b) in order to bring its legislation into conformity with the principles of freedom of association.

CMNT_TITLE

The Committee takes note of the Government's report. The Committee recalls that its previous comments concerned the following:

Articles 2 and 3 of the Convention. With regard to the Registrar's power to refuse registration under section 9(1)(b) of the Industrial Act of 1993, the Committee took note of the decision of the Appeal Court in March 1995 which confirmed the Registrar's decision to refuse registration of the Seychelles Union of Public Employees on the grounds that article 15 of the Rules of the Union was ambiguous and too wide and would then conflict with the provisions of the 1993 Industrial Act. The Committee notes from the Government's latest report that the proposed Seychelles Union of Public Employees did not pursue registration based on an amended Constitution or otherwise. While taking note of this information, the Committee recalls that workers' organizations have the right to draw up their constitutions and their rules and that public authorities should refrain from any interference which would restrict this right. In addition, in relation to senior public officials, namely those exercising senior managerial or policy-making responsibilities, the Committee draws the Government's attention to the fact that these public servants should be entitled to establish their own organizations (see paragraph 57 of the General Survey on freedom of association and collective bargaining of 1994).

The right to strike. The Committee recalls the following points:

-- section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-- section 54(4) allows the minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order of the national economy";

-- section 52(1)(b) provides for a cooling-off period of 60 days before a strike may commence; and

-- certain prohibitions of, or restrictions on the right to strike which may be in conformity with the principles of freedom of association sometimes provide for civil or penal sanctions against strikers and trade unions which violate these provisions.

The Committee notes the Government's information in its latest report according to which sections 52(1)(a)(iv), (1)(b) and (4) and 56(1)(a) and (b) have been submitted to the Attorney General for possible amendments. Nevertheless, the Committee, with regard to section 52(1)(a)(iv), recalls that a simple majority of workers having taken part in the voting in a bargaining unit should suffice to call a strike. With respect to section 52(4), the Committee reiterates its previous comments to the effect that the restrictions on the right to strike should be limited to situations of acute national crisis. Concerning section 52(1)(b), the Committee considers the cooling-off period of 60 days before a strike may commence to be too long, especially since persons involved in an unlawful strike are liable to imprisonment for six months under section 56(1)(a) and (b). Finally, the Committee reiterates the fact that, while certain prohibitions or restrictions on the right to strike may provide for civil or penal sanctions against strikers and trade unions which violate these provisions, such sanctions should not be disproportionate to the seriousness of the violations (see General Survey op. cit., paragraph 178).

The Committee requests the Government to keep it informed of the measures taken or envisaged to amend sections 52(1)(a)(iv), (1)(b) and (4) and 56(1)(a) and (b) in order to bring its legislation into greater conformity with the principles of freedom of association.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the Government's report and draws the Government's attention to the following points:

Article 2 of the Convention

Concerning the Registrar's power to refuse registration under section 9(1)(b) of the Industrial Act of 1993, the Committee takes note of the decision of the Appeal Court which confirmed the Registrar's decision to refuse registration of a trade union on the grounds that article 15 of the Rules of the Union was ambiguous and too wide and would then conflict with the provisions of the 1993 Industrial Act. In this respect, the Committee requests the Government to inform it if the Union in question has since modified its statutes and if so, if it has been duly registered.

Articles 3 and 10 of the Convention

The right to strike

The Committee recalls its previous comments which dealt with the following points:

-- section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-- section 52(4) allows the minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order or the national economy";

-- section 52(1)(b) provides for a cooling-off period of 60 days before a strike may commence;

-- certain prohibitions of, or restrictions on the right to strike which may be in conformity with the principle of freedom of association sometimes provide for civil or penal sanctions against strikers and trade unions which violate these provisions.

While noting the Government's reply on these comments, the Committee, with regard to section 52(1)(a)(iv), reiterates the point that a simple majority of workers having taken part in the voting in a bargaining unit should suffice to call a strike and urges the Government to amend its legislation accordingly. With respect to section 52(4), the Committee also reiterates its previous comments to the effect that the restrictions on the right to strike should be limited to situations of acute national crisis. Concerning section 52(1)(b), the Committee once again considers the cooling-off period of 60 days before a strike may commence to be too long, especially since persons involved in an unlawful strike are liable to imprisonment for six months under section 56(1)(a) and (b). Finally, the Committee reiterates the fact that, while certain prohibitions or restrictions on the right to strike may provide for civil or penal sanctions against strikers and trade unions which violate these provisions, such sanctions should not be disproportionate to the seriousness of the violations (see 1994 General Survey on freedom of association and collective bargaining, paragraph 178).

The Committee once again requests the Government to indicate the measures taken or envisaged to amend sections 52(1)(a)(iv), (1)(b) and (4) and 56(1)(a) and (b) in order to bring its legislation into greater conformity with the principles of freedom of association.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which dealt with the following:

The Committee once again requests the Government to provide in its next report comments on the observations made by the Seychelles Workers' Union (SWU) on the application of the Convention.

The Committee is also addressing a direct request to the Government on a number of issues relating to the Industrial Relations Act of 1993.

CMNT_TITLE

The Committee takes note of the Government's report and draws the Government's attention to the following points:

Article 2 of the Convention

Concerning the Registrar's power to refuse registration under section 9(1)(b) of the Industrial Act of 1993, the Committee takes note of the decision of the Appeal Court which confirmed the Registrar's decision to refuse registration of a trade union on the grounds that article 15 of the Rules of the Union was ambiguous and too wide and would then conflict with the provisions of the 1993 Industrial Act. In this respect, the Committee requests the Government to inform it if the Union in question has since modified its statutes and if so, if it has been duly registered.

Articles 3 and 10 of the Convention

The right to strike

The Committee recalls its previous comments which dealt with the following points:

-- section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-- section 52(4) allows the minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order or the national economy";

-- section 52(1)(b) provides for a cooling-off period of 60 days before a strike may commence;

-- certain prohibitions of, or restrictions on the right to strike which may be in conformity with the principle of freedom of association sometimes provide for civil or penal sanctions against strikers and trade unions which violate these provisions.

While noting the Government's reply on these comments, the Committee, with regard to section 52(1)(a)(iv), reiterates the point that a simple majority of workers having taken part in the voting in a bargaining unit should suffice to call a strike and urges the Government to amend its legislation accordingly. With respect to section 52(4), the Committee also reiterates its previous comments to the effect that the restrictions on the right to strike should be limited to situations of acute national crisis. Concerning section 52(1)(b), the Committee once again considers the cooling-off period of 60 days before a strike may commence to be too long, especially since persons involved in an unlawful strike are liable to imprisonment for six months under section 56(1)(a) and (b). Finally, the Committee reiterates the fact that, while certain prohibitions or restrictions on the right to strike may provide for civil or penal sanctions against strikers and trade unions which violate these provisions, such sanctions should not be disproportionate to the seriousness of the violations (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 178).

The Committee once again requests the Government to indicate the measures taken or envisaged to amend sections 52(1)(a)(iv), (1)(b) and (4) and 56(1)(a) and (b) in order to bring its legislation into greater conformity with the principles of freedom of association.

CMNT_TITLE

The Committee takes note of the Government's report.

Further to its previous comments, the Committee notes with satisfaction that section 9(1)(e) of the Industrial Relations Act of 1993 which provided that "the Registrar shall not register a trade union if its membership is open to persons who are not engaged in the same trade, or in similar or connected trades or in the same undertaking" has been repealed by Act No. 17 of 1994 and that the new Act ensures the possibility of trade union pluralism.

The Committee requests the Government to provide in its next report comments on the observations made by the Seychelles Workers' Union (SWU) on the application of the Convention.

The Committee is also addressing a direct request to the Government on a number of issues relating to the Industrial Relations Act of 1993.

CMNT_TITLE

Noting that the Government's report contains no information regarding its previous comments, the Committee must once again draw the Government's attention to the following points:

Article 2 of the Convention. 1. The Committee requests the Government to indicate whether the persons mentioned in sections 3(2)(b) and (c) and 3(3)(c) of the Industrial Relations Act of 1993, who are currently excluded from its scope, may freely establish and join organizations under other provisions and, if so, to provide a copy of the relevant legislation.

2. The Committee requests the Government to indicate whether the Minister of Labour and Social Affairs has adopted the notification set out in section 7(1)(b) and, if so, to send it the text. In addition, the Committee requests the Government to inform it of any instance where the Registrar has refused registration under section 9(1)(b).

Article 3. 3. The Committee notes that subsection 20(7) prescribes a maximum period of two years to hold office as an office-bearer of a union. Recalling that organizations should have the right to elect their representatives in full freedom (see 1994 General Survey on freedom of association and collective bargaining, paragraph 121), the Committee requests the Government to clarify whether office bearers are eligible for re-election.

4. In addition, the Committee requests the Government to indicate if it has had recourse to the provisions relating to management of trade union funds (sections 27 and 34(1)(2) and, if so, to provide information in this respect.

The right to strike. 5. The Committee notes that section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue. The Committee states that a simple majority of workers having taken part in the voting in a bargaining unit should suffice to call a strike. It also notes that section 52(4) allows the minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order or the national economy". The Committee considers that the restrictions on the right to strike should be limited to situations of acute national crisis. Finally, the cooling-off period of 60 days before a strike may commence (section 52(1)(b)) is too long, especially since persons involved in an unlawful strike are liable to imprisonment for six months under section 56(1)(a) and (b). The Committee also notes that certain prohibitions of, or restrictions on, the right to strike which may be considered to be in conformity with the principle of freedom of association sometimes provide for civil or penal sanctions against strikers and trade unions which violate these provisions. In the view of the Committee, such sanctions should not be disproportionate to the seriousness of the violations (see 1994 General Survey, op. cit. paragraph 178).

The Committee requests the Government to indicate the measures taken or envisaged to amend sections 52(1)(a)(iv), 1(b) and (4) and 56 (1)(a) and (b) in order to bring its legislation into greater conformity with the principles of freedom of association.

Article 5. 6. Article 9(1)(e) stipulates that the Registrar shall not register a trade union "if its membership is open to persons who are not engaged in the same trade, or in similar or connected trades or in the same undertaking". The Committee requests the Government to indicate whether first-level organizations of workers are free to establish inter-professional organizations and to join federations and confederations freely.

CMNT_TITLE

The Committee notes the Government's report as well as the entry into force on 1 January 1994 of the Industrial Relations Act of 1993. It draws the Government's attention to the following points.

1. The Committee requests the Government to provide information on what measures have been taken to allow the persons mentioned in section 3(2)(b) and (c) and 3(3)(c) of the Act and who are currently excluded from its scope, to establish and join organizations in order to promote their occupational interests, in conformity with Article 2 of the Convention. The Committee further requests the Government to provide copies, if any, of the relevant legislation.

2. The Committee would request the Government to indicate whether the Minister has had recourse to the notification provision (section 7(1)(b)) in the case of an application for registration of a trade union and, if so, to indicate the minimum number of members required by the Minister in order to submit such an application.

3. The Committee notes that the conditions set out in section 9(1)(b), for the compulsory registration of trade unions confer on the Registrar a discretionary power to refuse registration. While noting that the union has a right of appeal to the Supreme Court (section 8(7)), the Committee would recall that the existence of the right to appeal to a court is not in itself an adequate safeguard; the competent judges should be able, on the basis of the record, to review the grounds for refusal given by the administrative authorities, which grounds should not be contrary to the principles of freedom of association (see 1994 General Survey on Freedom of Association and Collective Bargaining, paragraph 77). The Committee requests the Government to inform it of any instance where the Registrar has refused registration under section 9(1)(b)).

4. The Committee notes that subsection 20(7) prescribes a maximum period of two years to hold office as an office-bearer of a union. However, organizations should have the right to elect their representatives in full freedom (see 1994 General Survey, op. cit., paragraph 121). The Committee would therefore request the Government to clarify whether office-bearers are eligible for re-election, in conformity with Article 3 of the Convention.

5. Furthermore, the Committee would draw the Government's attention to the incompatibilities between the following provisions and the right of workers' organizations to organize their administration and activities without interference from the public authorities:

(a) section 27 which regulates in detail the conditions in which a first-level trade union may contribute to the political fund of a federation is incompatible with the principle that the greatest possible autonomy should be left to organizations in the administration of their political funds;

(b) section 34(1) and (2) allow the Registrar, at his discretion, to require a trade union to furnish detailed accounts of the funds or other assets of the trade union or its branches within a period of notification of 21 days. However, supervision by the Registrar should be limited to the obligation of submitting periodic financial reports or if there are serious grounds for believing that the actions of an organization are contrary to its rules or the law (see 1994 General Survey, op. cit., paragraph 125).

The Committee accordingly requests the Government to ensure that sections 27, 34(1) and (2) are amended to bring them into line with Article 3.

6. (a) The Committee notes that section 52(1)(a)(iv) stipulates that a strike has to be approved by the votes of two-thirds of union members present and voting at the meeting called for the purpose of considering the issue. The Committee would recall that the majority of two-thirds required for a strike ballot is too high and should be fixed at a reasonable level (see 1994 General Survey, op. cit., paragraph 170).

(b) In addition, section 52(4), which allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order or the national economy", is too broadly worded. Inasmuch as general prohibitions of this kind are a major restriction of one of the essential means available to workers and to their organizations for furthering and defending their interests, such measures cannot be justified except in a situation of acute national crisis and then, only for a limited period and to the extent necessary to meet the requirements of the situation. This means genuine crisis situations, such as those arising as a result of a serious conflict, insurrection or natural disaster in which the normal conditions for the functioning of society are absent (see 1994 General Survey, op. cit., paragraph 152).

(c) Finally, the cooling-off period of 60 days before a strike may commence (section 52(1)(b)) is too long especially since persons involved in an unlawful strike are liable to imprisonment for six months under section 56(1)(a) and (b).

The Committee notes that certain prohibitions of, or restrictions on, the right to strike which are in conformity with the principles of freedom of association sometimes provide for civil or penal sanctions against strikers and trade unions which violate these provisions. In the view of the Committee, such sanctions should not be disproportionate to the seriousness of the violations (see 1994 General Survey, op. cit., paragraph 178).

The Committee would therefore request the Government to ensure that sections 52(1)(a)(iv), (1)(b) and (4), and 56(1)(a) and (b) are amended in line with the principles enunciated above.

7. Section 9(1)(e) stipulates that the Registrar shall not register a trade union "if its membership is open to persons who are not engaged in the same trade, or in similar or connected trades or in the same undertaking". The Committee draws the Government's attention to the principle that such restrictions may be applied to first-level organizations only if they are free to establish inter-professional organizations, and to join federations and confederations in the form and manner deemed most appropriate by the workers concerned (see 1994 General Survey, op. cit., paragraph 84). The Committee accordingly requests the Government to confirm that the workers' organizations may enjoy that possibility, in line with Article 6.

CMNT_TITLE

Referring to its previous longstanding comments concerning the legislative imposition of a trade union monopoly, the Committee notes with interest the entry into force on 1 January 1994 of the Industrial Relations Act of 1993 which according to the Government in its report allows for the formation of multitrade unions. It notes in particular that since the enactment of the said Act, six trade unions have been registered and that the National Workers' Union (NWU) is entitled to register under the Act (section 6(1) and (5)).

The Committee would ask the Government to indicate whether the NWU has been registered and to supply a copy of the Rules of the said union currently in force.

In addition, the Committee is addressing a direct request to the Government on a number of issues relating to the new Act.

CMNT_TITLE

The Committee notes that for the fourth year in succession the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee takes note of the statutes of the National Workers' Union. It observes that no new information in addition to the general statements that were made in the first report (1979) submitted since the accession of the country to independence has been supplied on the application of the Convention. The Committee considers that it would be useful to recall the obligation on all States Members under article 22 of the Constitution of the ILO to transmit detailed reports on the effect given to ratified Conventions and to use as a basis the report forms adopted for the purpose by the Governing Body. With reference to its previous comments, the Committee would point out that, after the voluntary dissolution of all trade unions, the "National Workers' Union", representing all categories of workers, was set up in 1979. Under the constitution of the "Seychelles People's Progressive Front", promulgated as a schedule to the national Constitution in 1979, the Union functions under the direction of the Front (section 4); for example, the consent of the Front is necessary for every decision, it must also approve the expenditure of the Union, and it receives 25 per cent of the total amount of union dues (section l2 of the constitution of the Front). The Committee has noted that the law in force provides for the existence of only one trade union organization, mentioned by name and placed under the direction of a political party, as is confirmed by the comments of the National Workers' Union, and thus establishes a system of trade union monopoly, which is contrary to the Convention. The Committee recalls that it has already pointed out in the General Survey on Freedom of Association and Collective Bargaining, which it submitted to the 69th (1983) Session of the International Labour Conference, particularly in paragraphs l32 to l38, that trade union unity imposed directly or indirectly by law is in conflict with express standards of the Convention (Article 2) and that trade unions should have the right to organize their activities and to formulate their programmes in full freedom, and also to draw up their constitutions and elect their representatives in full freedom. The Committee feels bound to emphasize, in reply to the statement of the Government that the socialist development of the country will be carried out in accordance with the doctrine of the party, which advocates the support of a single national trade union organization, that, even in a situation where, at some point in the history of a nation, all workers have preferred to unify the trade union movement, they should, however, be able to safeguard their freedom to set up, should they so wish in the future, unions outside the established trade union structure. Lastly, the Committee considers it useful to recall that the resolution on the Independence of the Trade Union Movement (adopted by the International Labour Conference at its 35th Session, 1952) stresses, in particular, that governments should not seek to transform the trade union movement into a political instrument which they could use to achieve their political aims.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to supply full particulars to the Conference at its 80th Session.]

CMNT_TITLE

The Committee notes once again with regret that the Government's report has not been received. It must therefore repeat its previous observations that have already been formulated many times in the following terms:

The Committee takes note of the statutes of the National Workers' Union. It observes that no new information in addition to the general statements that were made in the first report (1979) submitted since the accession of the country to independence has been supplied on the application of the Convention. The Committee considers that it would be useful to recall the obligation on all States Members under article 22 of the Constitution of the ILO to transmit detailed reports on the effect given to ratified Conventions and to use as a basis the report forms adopted for the purpose by the Governing Body. With reference to its previous comments, the Committee would point out that, after the voluntary dissolution of all trade unions, the "National Workers' Union", representing all categories of workers, was set up in 1979. Under the constitution of the "Seychelles People's Progressive Front", promulgated as a schedule to the national Constitution in 1979, the Union functions under the direction of the Front (section 4); for example, the consent of the Front is necessary for every decision, it must also approve the expenditure of the Union, and it receives 25 per cent of the total amount of union dues (section l2 of the constitution of the Front). The Committee has noted that the law in force provides for the existence of only one trade union organisation, mentioned by name and placed under the direction of a political party, as is confirmed by the comments of the National Workers' Union, and thus establishes a system of trade union monopoly, which is contrary to the Convention. The Committee recalls that it has already pointed out in the General Survey on Freedom of Association and Collective Bargaining, which it submitted to the 69th (1983) Session of the International Labour Conference, particularly in paragraphs l32 to l38, that trade union unity imposed directly or indirectly by law is in conflict with express standards of the Convention (Article 2) and that trade unions should have the right to organise their activities and to formulate their programmes in full freedom, and also to draw up their constitutions and elect their representatives in full freedom. The Committee feels bound to emphasise, in reply to the statement of the Government that the socialist development of the country will be carried out in accordance with the doctrine of the party, which advocates the support of a single national trade union organisation, that, even in a situation where, at some point in the history of a nation, all workers have preferred to unify the trade union movement, they should, however, be able to safeguard their freedom to set up, should they so wish in the future, unions outside the established trade union structure. Lastly, the Committee considers it useful to recall that the resolution on the Independence of the Trade Union Movement (adopted by the International Labour Conference at its 35th Session, 1952) stresses, in particular, that governments should not seek to transform the trade union movement into a political instrument which they could use to achieve their political aims.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to supply full particulars to the Conference at its 79th Session.]

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that the Government merely indicates that, for the period covered by the report, there has been no change in the situation with respect to subjects covered by the Convention. The Committee must therefore repeat its previous observations which read as follows: The Committee takes note of the statutes of the National Workers' Union. It observes no new information in addition to the general statements that were made in the first report (1979) submitted since the accession of the country to independence has been supplied on the application of the Convention The Committee considers that it would be useful to recall the obligation on all States Members under article 22 of the Constitution of the ILO to transmit detailed reports on the effect given to ratified Conventions and to use as a basis the report forms adopted for the purpose by the Governing Body With reference to its previous comments, the Committee would point out that, after the voluntary dissolution of all trade unions, the "National Workers' Union", representing all categories of workers, was set up in 1979. Under the constitution of the "Seychelles People's Progressive Front", promulgated as a schedule to the national Constitution in 1979, the Union functions under the direction of the Front (section 4); for example, the consent of the Front is necessary for every decision, it must also approve the expenditure of the Union, and it receives 25 per cent of the total amount of union dues (section l2 of the constitution of the Front). The Committee has noted that the law in force provides for the existence of only one trade union organisation, mentioned by name and placed under the direction of a political party, as is confirmed by the comments of the National Workers' Union, and thus establishes a system of trade union monopoly, which is contrary to the Convention The Committee recalls that it has already pointed out in the General Survey on Freedom of Association and Collective Bargaining, which it submitted to the 69th (1983) Session of the International Labour Conference, particularly in paragraphs l32 to l38, that trade union unity imposed directly or indirectly by law is in conflict with express standards of the Convention (Article 2) and that trade unions should have the right to organise their activities and to formulate their programmes in full freedom, and also to draw up their constitutions and elect their representatives in full freedom. The Committee feels bound to emphasise, in reply to the statement of the Government that the socialist development of the country will be carried out in accordance with the doctrine of the party, which advocates the support of a single national trade union organisation, that, even in a situation where, at some point in the history of a nation, all workers have preferred to unify the trade union movement, they should, however, be able to safeguard their freedom to set up, should they so wish in the future, unions outside the established trade union structure Lastly, the Committee considers it useful to recall that the resolution on the Independence of the Trade Union Movement (adopted by the International Labour Conference at its 35th Session, 1952) stresses, in particular, that governments should not seek to transform the trade union movement into a political instrument which they could use to achieve their political aims.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes with regret that the Government merely indicates that, for the period covered by the report, there has been no change in the situation with respect to subjects covered by the Convention. The Committee must therefore repeat its previous observation which read as follows:

The Committee takes note of the statutes of the National Workers' Union. It observes no new information in addition to the general statements that were made in the first report (1979) submitted since the accession of the country to independence has been supplied on the application of the Convention. The Committee considers that it would be useful to recall the obligation on all States Members under article 22 of the Constitution of the ILO to transmit detailed reports on the effect given to ratified Conventions and to use as a basis the report forms adopted for the purpose by the Governing Body. With reference to its previous comments, the Committee would point out that, after the voluntary dissolution of all trade unions, the "National Workers' Union", representing all categories of workers, was set up in 1979. Under the constitution of the "Seychelles People's Progressive Front", promulgated as a schedule to the national Constitution in 1979, the Union functions under the direction of the Front (section 4); for example, the consent of the Front is necessary for every decision, it must also approve the expenditure of the Union, and it receives 25 per cent of the total amount of union dues (section l2 of the constitution of the Front). The Committee has noted that the law in force provides for the existence of only one trade union organisation, mentioned by name and placed under the direction of a political party, as is confirmed by the comments of the National Workers' Union, and thus establishes a system of trade union monopoly, which is contrary to the Convention. The Committee recalls that it has already pointed out in the General Survey on Freedom of Association and Collective Bargaining, which it submitted to the 69th (l983) Session of the International Labour Conference, particularly in paragraphs l32 to l38, that trade union unity imposed directly or indirectly by law is in conflict with express standards of the Convention (Article 2) and that trade unions should have the right to organise their activities and to formulate their programmes in full freedom, and also to draw up their constitutions and elect their representatives in full freedom. The Committee feels bound to emphasise, in reply to the statement of the Government that the socialist development of the country will be carried out in accordance with the doctrine of the party, which advocates the support of a single national trade union organisation, that, even in a situation where, at some point in the history of a nation, all workers have preferred to unify the trade union movement, they should, however, be able to safeguard their freedom to set up, should they so wish in the future, unions outside the established trade union structure. Lastly, the Committee considers it useful to recall that the resolution on the Independence of the Trade Union Movement (adopted by the International Labour Conference at its 35th Session, 1952) stresses, in particular, that governments should not seek to transform the trade union movement into a political instrument which they could use to achieve their political aims. The Committee requests once again the Government to take appropriate measures to ensure that the legislation guarantees the above-mentioned rights.

REQUESTS

The Government is asked to supply full particulars to the Conference at its 77th Session. #CONFERENCE_SESSION:77