Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Azerbaijan (RATIFICATION: 1992)

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report may contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Right to organize activities and formulate programmes in full freedom. The Committee recalls that it had previously noted that pursuant to section 20.1.7 of the Law on Civil Service, all civil servants were prohibited from exercising the right to strike. Recalling that States may restrict or prohibit the right to strike in the public service only for public servants exercising authority in the name of the State, the Committee had requested the Government to list specific categories of civil servants covered by the Law on Civil Service whose right to strike is thus prohibited. The Committee notes the Government’s reference to the legislative provision outlining the definition of the term “state body” and of its units as well as to section 20.1.7 of the Law on Civil Service. The Committee understands the Government’s reply to mean that all civil servants are indeed prohibited from exercising the right to strike. The Committee notes section 14.2 of the Law on Civil Service which provides for the notion of a civil servant exercising authority in the name of the State and recalls that only this category of civil servants may be deprived of the right to strike. The Committee therefore requests the Government to take the necessary measures to amend section 20.1.7 of the Law on Civil Service accordingly and to provide all information on the measures taken or envisaged in this respect.

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Article 3 of the Convention. Right to organize activities and formulate programmes in full freedom. The Committee recalls that it had previously noted that pursuant to section 20.1.7 of the Law on Civil Service, all civil servants were prohibited from exercising the right to strike. Recalling that States may restrict or prohibit the right to strike in the public service only for public servants exercising authority in the name of the State, the Committee had requested the Government to list specific categories of civil servants covered by the Law on Civil Service whose right to strike is thus prohibited. The Committee notes the Government’s reference to the legislative provision outlining the definition of the term “state body” and of its units as well as to section 20.1.7 of the Law on Civil Service. The Committee understands the Government’s reply to mean that all civil servants are indeed prohibited from exercising the right to strike. The Committee notes section 14.2 of the Law on Civil Service which provides for the notion of a civil servant exercising authority in the name of the State, and recalls that only this category of civil servants may be deprived of the right to strike. The Committee therefore requests the Government to take the necessary measures to amend section 20.1.7 of the Law on Civil Service accordingly and to provide all information on the measures taken or envisaged in this respect.

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2014 and 1 September 2016, which are of a general nature.

Article 3 of the Convention. Right to organize activities and formulate programmes in full freedom. The Committee notes the Government’s indication that, pursuant to section 20.1.7 of the Law on Civil Service, all civil servants are prohibited from exercising the right to strike. Recalling that States may restrict or prohibit the right to strike in the public service only for public servants exercising authority in the name of the State, the Committee requests the Government to list the specific categories of civil servants covered by the Law on Civil Service whose right to strike is thus prohibited.

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The Committee had previously requested the Government to amend section 281 of the Labour Code and section 233 of the Criminal Code so as to ensure that air and railway transport sector workers could exercise the right to strike. The Committee notes that in its report the Government explains that section 281 of the Labour Code prohibits the right to strike only in the air and railway control services and that strikes are otherwise allowed in these sectors. The Government further explains that section 233 of the Criminal Code does not restrict the right of workers to strike but criminalizes violations of the public order during strikes. The Committee welcomes the clarifications provided by the Government.

The Committee notes with interest the 2006 amendment of the Act on Trade Unions repealing section 6(1), which previously prohibited trade unions from engaging in political activities.

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Article 3 of the Convention. The Committee had previously requested the Government to amend section 281 of the Labour Code, which, according to the Government, prohibits strikes in the railway and air transport sectors, and section 233 of the Criminal Code, which penalizes strikes in public transport with penalties of up to three years of imprisonment, so as to ensure that workers of public transport, including those employed in air and railway transport, can exercise the right to strike, and to provide information on any measures taken or envisaged in this respect. The Committee notes that in its report, the Government indicates that the consultations with the relevant state authorities and social partners resulted in the understanding that like the hospital sector, electricity and water supply services, transport and postal services are basic services where the right to strike can be restricted or even prohibited. The Committee recalls that, as an exception to the general principle of the right to strike, the essential services in which this principle may be entirely or partly waived should be defined restrictively. It considers that essential services are only those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee recalls that while the hospital sector, electricity and water supply services can indeed be considered essential, transport services in general, including air and railway transport, and postal services do not constitute essential services in the strict sense of the term. The Committee considers, however, that in order to avoid damages which are irreversible or out of proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term. In the view of the Committee, such a service should meet at least two requirements. Firstly, it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear. Secondly, since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. It would be highly desirable for negotiations on the definition and organization of the minimum service not to be held during a labour dispute, so that all parties can examine the matter with the necessary objectivity and impartiality. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions. The Committee expresses the hope that the Government’s next report will contain information on measures taken or envisaged to amend section 281 of the Labour Code and section 233 of the Criminal Code so as to ensure that air and railway transport sector workers can exercise the right to strike, taking into account the principles described above.

The Committee had previously noted the Government’s indication that section 6(1) of the Act on Trade Unions, according to which “trade unions are prohibited from engaging in political activity, associating with political parties or carrying out joint activities, providing and receiving assistance or donations to/from political parties” was repealed in 2006. The Committee once again requests the Government to transmit with its next report a copy of the repealing instrument.

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The Committee notes the observations of the Government in response to the comments dated 20 November 2007 of the International Trade Union Confederation (ITUC) concerning the application of the Convention. 

Article 3 of the Convention. The Committee previously requested the Government to amend section 281 of the Labour Code, which prohibits strikes in the railway and air transport sectors, and section 233 of the Criminal Code, which penalizes strikes in public transport with penalties of up to three years of imprisonment, so as to ensure that workers of public transport, including those employed in air and railway transport, can exercise the right to strike, and to provide information on any measures taken or envisaged in this respect. The Committee notes that the Government indicates that the Ministry of Labour and Social Protection of the Population officially approached the appropriate state authorities, national representative organizations of employers and workers and also the ILO with a view to examining international experiences in the field with subsequent discussion. These experiences show that transport services are among the main areas in which there are limitations on holding strikes. The Committee requests the Government to communicate in its next report any amendments taken or contemplated to section 281 of the Labour Code and section 233 of the Criminal Code so as to allow the exercise of the right to strike in railways and air transport sectors, acknowledging that a minimum service created with the participation of the employers and the trade unions concerned could be established.

The Committee previously requested the Government to amend section 6(1) of the Act on Trade Unions so as to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities. The Committee notes that the Government indicates in its report that the provision “trade unions are prohibited from engaging in political activity, associating with political parties or carrying out joint activities, providing and receiving assistance or donations to/from political parties” was repealed and limitations on the activities of trade unions were removed. The Committee requests the Government to transmit with its next report a copy of the repealing instrument.

The Committee previously requested the Government to take the necessary measures in order to ensure that multinational enterprises operating on its territory respect freedom of association norms and principles. The Committee notes that the Government indicates that additions to article 80 of the Labour Code of the Republic of Azerbaijan adopted by the Milli Mejlis (Parliament) on 10 October 2006, significantly strengthened the status of the trade unions at the enterprises. The Committee requests the Government to provide a copy, with its next report, of the additions to article 80 of the Labour Code.

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The Committee notes the Government’s report.

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 28 August 2007, reiterating the 2006 comments of the International Confederation of Free Trade Unions (ICFTU) alleging: (1) the ban on strikes in the public transport sector; (2) the legislative restriction on all types of political activities by trade unions; and (3) difficulties in forming trade unions in multinational enterprises.

The Committee notes the Government’s indication that according to section 281 of the Labour Code, strikes are prohibited in the railway and air transport sectors. In this connection, the Committee notes that section 233 of the Criminal Code penalizes strikes in public transport with penalties of up to three years of imprisonment. The Committee recalls that restrictions or prohibitions on the right to strike should be limited to essential services in the strict sense of the term, i.e. those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. The Committee considers that public transport, including air and railway transport, are not essential services in the strict sense of the term. The Committee considers, however, that in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in services of public utility rather than impose an outright ban on strikes (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee therefore requests the Government to amend section 281 of the Labour Code and section 233 of the Criminal Code so as to ensure that workers of public transport, including those employed in air and railway transport, can exercise the right to strike, and to keep it informed of the measures taken or envisaged in this respect.

The Committee recalls that for many years, it had been requesting the Government to amend section 6(1) of the Act on Trade Unions of 1994, so as to eliminate the absolute prohibition of all types of political activity by trade unions. The Committee regrets that no measures have been taken in this respect. The Committee believes that the development of the trade union movement and the increasing recognition of its role as a social partner in its own right mean that workers’ organizations must be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy (see General Survey, op. cit., paragraph 131). It therefore once again requests the Government to amend section 6(1) of the Act on Trade Unions so as to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities. The Committee requests the Government to keep it informed of the measures taken or envisaged in this respect.

Finally, with regard to the exercise of the right to organize in multinational enterprises, the Committee notes that the Government confirms the existence of this problem. According to the Government, only in a few such enterprises have workers been able to establish a trade union. The Government further indicates that all attempts by the Confederation of Trade Unions of Azerbaijan (CTUA) to establish social partnership with multinational companies, where labour rights are often violated bore no results. Establishment by the CTUA of a trade union organization at these companies became impossible. The Committee recalls that it is the responsibility of the Government to ensure the application of international labour Conventions concerning freedom of association. The Committee therefore requests the Government to take the necessary measures in order to ensure that multinational enterprises operating on its territory respect freedom of association norms and principles. It requests the Government to keep it informed of the measures taken in this respect.

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The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 10 August 2006 concerning the application of the Convention. The Committee notes that the ICFTU alleges difficulties in forming trade unions in multinational enterprises, as well as in enterprises in the communication and oil sectors, the ban on strikes in public transport sector and the legislative restriction on all types of political activities by trade unions. The Committee requests the Government to provide with its next report its observations on the comments thereon.

The Committee will examine other matters raised in its previous direct request (see 2005 direct request, 76th Session) in respect of the application of the Convention during the regular reporting cycle of 2007.

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The Committee notes the Government’s report.

The Committee recalls that it had previously requested the Government to amend section 6(1) of the Act on Trade Unions of 1994, so as to eliminate the absolute prohibition of all types of political activity by trade unions. The Committee notes the Government’s indication to the effect that, according to the legislation in force, members of trade unions, as well as any other persons, have the right to join political parties; and, through the membership of the political parties concerned, trade union members may take part in political activities. The Committee believes that the development of the trade union movement and the increasing recognition of its role as a social partner in its own right mean that workers’ organizations must be able to voice their opinions on political issues in the broad sense of the term and, in particular, to express their views publicly on a government’s economic and social policy (see General Survey on freedom of association and collective bargaining, 1994, paragraph 131). The Committee therefore once again requests the Government to amend section 6(1) of the Act on Trade Unions so as to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities. The Committee requests the Government to keep it informed of the measures taken or envisaged in this respect.

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The Committee notes that the Government’s report has not been received. The Committee notes the text of the Criminal Code of 1999. It will examine the conformity of the relevant provisions of the Code at its next session. As concerns other previously commented upon issues, the Committee repeats its previous observation which read as follows:

Article 3 of the Convention. Right of workers’ organizations to organize their activities and to formulate their programmes. The Committee notes with regret that the Government does not provide any new information with regard to the Committee’s previous comments concerning the political activities of trade unions (section 6(1) of Act No. 792 on trade unions of 24 February 1994).

The Committee once again urges the Government to amend section 6(1) of Act No. 792 on trade unions, so as to eliminate the absolute prohibition of all types of political activity by trade unions and to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities.

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

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

Article 3 of the Convention. Right of workers’ organizations to organize their activities and to formulate their programmes. The Committee notes with regret that the Government does not provide any new information with regard to the Committee’s previous comments concerning restrictions on the right to strike (section 188-3 of the Criminal Code) and on the political activities of trade unions (section 6(1) of Act No. 792 on trade unions of 24 February 1994).

The Committee once again urges the Government to explicitly amend or repeal section 188-3 of the Criminal Code, which contains major restrictions on collective action with a view to disrupting public transport, associated with penalties of imprisonment, and to ensure that any restriction or prohibition on the right to strike is limited to public servants exercising authority in the name of the State or to essential services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

Moreover, the Committee once again urges the Government to amend section 6(1) of Act No. 792 on trade unions, so as to eliminate the absolute prohibition of all types of political activity by trade unions and to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities.

The Committee recalls that in its previous report, the Government had stated that it had referred these matters to the bodies concerned in the ongoing reform of its legislation which would also review the Criminal Code. It requests the Government to communicate in its next report any measures taken or contemplated within the context of this reform in order to address the above comments and bring the legislation into full conformity with the Convention.

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

The Committee recalls that its previous comments concerned the divergencies between the national legislation and the guarantees set forth in the Convention, namely:

-  the restrictions on the right to strike (section 188-3 of the Criminal Code);

-  restrictions on the political activities of trade unions (section 6(1) of Act No. 792 on trade unions of 24 February 1994).

1. Right to strike. With reference to its previous comments on the need to explicitly amend or repeal section 188-3 of the Criminal Code, which contains major restrictions on the right of workers to engage in collective action with a view to disrupting public transport, associated with penalties of up to three years’ imprisonment, the Committee had noted the information supplied by the Government in its last report to the effect that a reform of the legislation, including the Criminal Code, was currently under way and that the comments of the Committee of Experts had been transmitted to the bodies concerned. The Committee recalls that the right to strike is an intrinsic corollary of the right to organize protected by the Convention and that restrictions or prohibitions on the right to strike should be limited to public servants exercising authority in the name of the State or to essential services, that is those whose interruption would endanger the life, personal safety or health of the whole or part of the population, and it expresses the firm hope that section 188-3 of the Criminal Code will be amended or repealed in the very near future.

2. Article 3 of the Convention. Right of workers to organize their activities and to formulate their programmes. The Committee once again noted with regret that, by virtue of section 6(1) of Act No. 792 of 24 February 1994 on trade unions, these organizations do not have the right to engage in political activities, nor to associate with political parties or conduct joint activities with them or provide them assistance, including gifts, nor to receive any from them. The Committee reminds the Government that the complete prohibition of trade unions from engaging in political activities is incompatible with the right of workers’ organizations to organize their activities and formulate their programmes in full freedom. It therefore once again requests the Government to amend its legislation to eliminate the prohibition of any political activities by trade unions and to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities.

The Committee expresses the firm hope that the Government will take the necessary measures in the very near future to bring its legislation fully into conformity with the provisions of the Convention and it requests the Government to indicate in its next report any progress achieved in this regard.

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

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The Committee notes the information contained in the Government’s report. It recalls that its previous comments concerned the divergencies between the national legislation and the guarantees set forth in the Convention, namely:

-  the restrictions on the right to strike (section 188-3 of the Criminal Code);

-  restrictions on the political activities of trade unions (section 6(1) of Act No. 792 on trade unions of 24 February 1994).

1.  Right to strike.  With reference to its previous comments on the need to explicitly amend or repeal section 188-3 of the Criminal Code, which contains major restrictions on the right of workers to engage in collective action with a view to disrupting public transport, associated with penalties of up to three years’ imprisonment, the Committee takes due note of the information supplied by the Government in its report to the effect that a reform of the legislation, including the Criminal Code, is currently under way and that the comments of the Committee of Experts have been transmitted to the bodies concerned. The Committee recalls that the right to strike is an intrinsic corollary of the right to organize protected by the Convention and that restrictions or prohibitions on the right to strike should be limited to public servants exercising authority in the name of the State or to essential services, that is those whose interruption would endanger the life, personal safety or health of the whole or part of the population, and it expresses the firm hope that section 188-3 of the Criminal Code will be amended or repealed in the very near future.

2.  Article 3 of the Convention. Right of workers to organize their activities and to formulate their programmes.  The Committee once again notes with regret that, by virtue of section 6(1) of Act No. 792 of 24 February 1994 on trade unions, these organizations do not have the right to engage in political activities, nor to associate with political parties or conduct joint activities with them or provide them assistance, including gifts, nor to receive any from them. The Committee reminds the Government that the complete prohibition of trade unions from engaging in political activities is incompatible with the right of workers’ organizations to organize their activities and formulate their programmes in full freedom. It therefore once again requests the Government to amend its legislation to eliminate the prohibition of any political activities by trade unions and to strike a balance between, on the one hand, the legitimate interests of organizations to express their point of view on issues of economic and social policy affecting their members and workers in general and, on the other hand, the separation of political activities in the strict sense of the term from trade union activities.

The Committee expresses the firm hope that the Government will take the necessary measures in the very near future to bring its legislation fully into conformity with the provisions of the Convention and it requests the Government to indicate in its next report any progress achieved in this regard.

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With reference to its previous comments on the need to amend section 12 of the 1991 Act on strikes so as to restrict the cases where a strike may be declared illegal, the Committee notes the new Labour Code adopted on 1 July 1999. It notes with interest the provisions concerning the right to strike which define sectors qualified as essential services more restrictively, and provide for a compensatory mechanism to resolve collective disputes in sectors where strikes are prohibited (section 281 of the Labour Code).

The Committee nevertheless reiterates its previous comments on the need to expressly modify or repeal section 188-3 of the Criminal Code, which also contains major restrictions on the right of workers to engage in collective action with a view to disrupting public transport, associated with sanctions of up to three years' imprisonment.

Referring to its previous comments, the Committee underlines once again that the complete prohibition of trade unions from engaging in political activities pursuant to section 6(1) of Act No. 792 on trade unions is incompatible with the right to organize.

The Committee requests the Government to indicate in its next report the measures taken or envisaged to bring the legislation into conformity with the requirements of the Convention on these two points.

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The Committee notes the information supplied by the Government in its reports of February and October 1998 in response to its previous comments.

In its previous observation, the Committee had noted that the legislation grants trade unions the right to strike in accordance with the legislation in force. However it had noted the Government's indication to the effect that the Penal Code in force, section 188-3, governs participation in collective activities creating a public disturbance. The Committee had noted that this provision contains important restrictions on the right of workers to participate in collective action aimed at disturbing transport operations, state and public institutions and undertakings, combined with severe sanctions, including sentences of imprisonment for up to three years. The Committee had recalled that the right to strike is an intrinsic corollary of the right to organize protected by the Convention. It had considered that restrictions or prohibitions on the right to strike should be limited to public servants exercising authority in the name of the State or in essential services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. It had requested the Government to amend or repeal this provision where it could apply to strikes in public transport or state or public institutions or undertakings which are not essential services within the strict meaning of the terms.

The Committee notes from the Government's report received in December 1997 that under article 36 of the Constitution of November 1995 everyone has the right to strike, and that strikes are temporarily regulated by the USSR Act concerning procedure for the settlement of collective labour disputes of May 1991 which has remained in force, while a new Act concerning collective labour disputes is currently being prepared.

The Government explains that, in accordance with section 12 of the Act in force, strikes are not permitted in cases where this creates a threat to people's lives and health, as well as in railway enterprises or municipal transport including the metro, in civil aviation, communications, power production, defence-related industries and enterprises, state bodies, organizations for the enforcement of law and order and the maintaining of national security, and enterprises engaged in continuous operations, the halting of which might entail serious and hazardous consequences. The Government adds that the participation in a legal strike, in accordance with section 13 of the Act, shall not be considered a breach of labour discipline and cannot entail the application of disciplinary or other measures provided for by law. As a result, the Government believes that the participants in strikes are sufficiently protected from the possibility of article 188-3 of the Criminal Code being applied to them.

While noting these explanations, the Committee notes that under the Act of 1991 (section 12), strikes are forbidden in a number of enterprises and organizations which are not essential services in the strict sense of the term and in particular in railway enterprises, municipal transport including the metro and civil aviation, communications and power production. The Committee observes moreover that nothing in the law prevents article 188-3 of the Criminal Code from being applied to strikes particularly in the transport sector, and in state and public institutions and undertakings.

In its latest report received by the Office on 6 October 1998, the Government explains that a new Act on the Settlement of Collective Labour Disputes was adopted on 15 May 1998. Section 22 of the Act prohibits strikes in certain services related to security, health and life support, such as hospitals, power and water supply, communication, air control services and fire services. Certain provisions of previous legislation are no longer in force.

The Committee notes this information with interest. It will examine the contents of the new law once it is translated. However, the Committee again requests the Government to amend or repeal article 188-3 of the Criminal Code so that it would not be applied to strikes in non-essential services.

In its previous comments the Committee had also noted that, pursuant to section 6(1) of the Trade Union Act No. 792 of 24 February 1994, trade unions are prohibited from engaging in political activity, associating with political parties or carrying out joint activities with them and providing assistance or donations to political parties or receiving assistance or donations from them. The Committee had indicated that while being aware of the political problems which the country had faced, it considered that the wholesale prohibition to engage in political activities imposed on trade unions was not in conformity with the right of workers' organizations to organize their activities and programmes in full freedom. It had requested the Government to take measures to lift the total ban on political activities of trade unions.

In its report of February 1998, the Government states that, in accordance with current legislation, trade union members just like other persons are entitled to join political parties and that through the membership in the appropriate parties, trade union members can take part in political activities.

While taking note of this statement, the Committee must point out that in its General Survey on freedom of association and collective bargaining in 1994 it had noted with satisfaction the abolition of the legislative provision that had established a close relationship between trade union organizations and the single political party in power and the introduction of the autonomy and independence of trade unions now enshrined in the legislation of many countries. It had regretted, however, the imposition in some countries of a total ban on any political activities by trade unions and it had recalled that during the preparatory work on Convention No. 87 it had been stated that trade union activities cannot be restricted solely to occupational matters, since a government's choice of a general policy is bound to have an impact on workers' remuneration, working conditions, functioning of enterprises and social security. The Committee considers that the development of the trade union movement and its role as a social partner means that workers' organizations must be able to voice their opinions on political issues and especially on a government's economic and social policy. But it recalls that the 1952 resolution of the International Labour Conference concerning the independence of the trade union movement remains valid and that when trade unions decide to establish relations with political parties as a means towards the advancement of their economic and social objectives, such political relations should not be of such a nature as to compromise the continuance of the trade union movement irrespective of political changes in the country (see paragraphs 130 to 133 of the General Survey). The Committee therefore once again urges the Government to amend its legislation so as to lift the ban on any political activity by trade unions and to allow a reasonable balance between the legitimate interests of organizations in expressing their point of view on matters of economic and social policy affecting their members and workers in general, on the one hand, and the separation of political activities in the strict sense of the term and trade union activities on the other hand.

The Committee hopes that the Government will make every effort to take the necessary measures to bring its legislation and its practice into full conformity with the provisions of the Convention and requests the Government to indicate the progress made on these issues.

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The Committee notes the information supplied by the Government in its report. It notes the Government's statement to the effect that it will supply information on the following points in its next report.

1. The Committee noted that, pursuant to section 3(5) of the Trade Unions Act "managerial staff cannot be members of a trade union in the enterprise concerned". The Committee recalls that managerial staff shall have the right to set up organizations to further their occupational interests and requests the Government to indicate how the right of managerial staff to freedom of association is protected.

2. The Committee noted that section 4 of the Act provides for the registration of unions, which confers legal personality on them. The Committee recalls that registration requirements as such are not incompatible with the Convention if they do not grant a discretionary power to the registration authority. It requests the Government to provide information on the registration procedure and to supply the texts which regulate registration of trade unions and employers' organizations.

3. The Committee noted that, pursuant to section 6(1) of the Act, unions are prohibited from engaging in political activity, associating with political parties or carrying out joint activities with them and providing assistance or donations to political parties or receiving assistance or donations from them. While being aware of the political problems which the country may have faced, the Committee considers that the overall prohibition to engage in political activity is not in conformity with the right of workers to organize their activities and programmes in full freedom. The Committee requests the Government to take the necessary measures to lift the total ban on political activities of unions.

4. The Committee noted that the right to strike is referred to in section 19 of the Act which provides that trade unions may organize and hold strikes in accordance with the legislation in force. The Committee requests the Government to indicate whether further laws or regulations are in force or are being drafted concerning the exercise of the right to strike. It also requests the Government to supply the text of the law on collective agreements as soon as it has been adopted.

The Committee hopes that the Government will not fail to supply information on these points in its next report.

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The Committee notes the information supplied by the Government in its report.

In its previous comments, the Committee observed that certain provisions of the legislation then applicable contained important restrictions on the right of workers to participate in collective action, combined with severe sanctions. It notes the Government's indication to the effect that the Penal Code in force, section 188-3, governs participation in collective activities creating a public disturbance. The Committee notes that this provision contains important restrictions on the right of workers to participate in collective action aimed at disturbing transport operations, state or public institutions or undertakings, combined with severe sanctions, including sentences of imprisonment for up to three years. The Committee recalls its basic position that the right to strike is an intrinsic corollary of the right to organize protected by Convention No. 87. It considers that restrictions or prohibitions on the right to strike should be restricted to public servants exercising authority in the name of the State or in essential services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. It requests the Government to amend or repeal this provision where it could apply to strikes in public transport or state or public institutions or undertakings which are not essential services within the strict meaning of the term.

The Committee is raising a number of other points in a request addressed directly to the Government.

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The Committee takes note of the Government's report.

1. The Committee notes that the Government's report deals with the right of workers to organize. The corresponding right of employers to organize is not specifically set out in any detail. The Committee recalls that the Convention also covers employers who, just as workers, have the right to establish and join organizations of their own choosing without previous authorization and organize their activities and programmes without interference by public authorities. It requests the Government to provide, in its next report, specific information on the manner in which the right of employers to organize is protected and to supply relevant legislative texts.

2. It is not clear whether and, if so, to what extent the Law on Public Associations, which is referred to by the Government, but has not been supplied, applies to workers' and employers' organizations. The Committee requests the Government to provide a copy of the Law on Public Associations and to indicate its scope of application and its relationship with the Trade Unions Act of 1994.

3. The Committee notes that, pursuant to section 3(5) of the Trade Unions Act "managerial staff cannot be members of a trade union in the enterprise concerned". The Committee recalls that managerial staff shall have the right to set up organizations to further their occupational interests and requests the Government to indicate, in its next report, how this right is protected.

4. The Committee also notes that section 4 of the Trade Unions Act provides for the registration of unions, which confers legal personality. As regards the procedure for registration, section 4(3) provides that the Act on Public Associations shall apply. No further information is available to the Committee. The Committee recalls that registration requirements as such are not incompatible with the Convention if they do not grant a discretionary power to the registration authority. It requests the Government to provide, in its next report, information on the registration procedure.

5. The Committee notes that, pursuant to section 6(1), unions are prohibited from engaging in political activity, associating with political parties or carrying out joint activities with them and providing assistance or donations to political parties or receiving assistance or donations from them. While being aware of the political problems which the country may have faced, the Committee considers that the wholesale prohibition to engage in political activity is not in conformity with the right of workers to organize their activities and programmes in full freedom. The Government is therefore requested to take the necessary measures to lift the total ban on political activities of unions.

6. The Committee notes that the right to strike is referred to in section 19 of the Act which provides that trade unions may organize and hold strikes in accordance with the legislation in force. The Committee requests the Government to indicate, in its next report, whether further laws or regulations are in force or in the pipeline concerning the exercise of the right to strike. It also requests the Government to indicate whether section 190(3), read together with section 24 of the Penal Code of the former USSR, which contained important restrictions on the right of workers to participate in collective action aimed at disturbing transport operations, state or social institutions or undertakings, combined with severe sanctions, including sentences of imprisonment for up to three years are still in force and, if so, to consider amending or repealing these provisions.

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The Committee notes with satisfaction that the Law on Trade Unions of 24 February 1994 allows for the possibility of trade union pluralism and guarantees the right to strike. However, the Committee notes that the Law contains a total ban on the political activities of unions and that the Government does not, in its report, set out in any specific detail the right of employers to organize. It therefore raises a number of points in a request addressed directly to the Government.