Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Gambia (RATIFICATION: 2000)

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Article 2 of the Convention. Right of workers and employers to establish and join organizations of their own choosing without previous authorization. The Committee notes that section 16(1) of the Trade Union Bill stipulates that a person shall not perform any act in furtherance of a trade union or employers’ organization unless that organization is registered or has its application for registration under consideration. The Committee further notes that section 16(4) of the Trade Union Bill and sections 12(5) and 17(6) of the draft Trade Union Regulations prohibit the exercise of the functions of officer or official of unregistered trade unions, employers’ organizations and federations. The Committee recalls that although the official recognition of an organization through its registration constitutes a relevant aspect of the right to organize, as it is the first measure to be taken so that organizations can fulfil their role effectively, the exercise of legitimate trade union activities should not be dependent upon registration (see the 2012 General Survey on the fundamental Conventions, paragraph 83). The Committee requests the Government to amend the above-mentioned provisions to ensure that the exercise of the legitimate activities of workers’ and employers’ organizations is not contingent upon registration.

The Committee notes that section 3(1)(d) of the draft Trade Union Regulations provides that a trade union or employers’ organization may apply for registration if no organization already registered is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which the applicant seeks registration. It further notes that section 4 of the draft Trade Union Regulations stipulates that upon receiving an application for registration, the Registrar shall notify any registered trade union or employers’ organization which appears to represent the same interest as the applicant and proceed with the registration if no valid objection has been raised. The Committee recalls that trade union unity imposed directly or indirectly by law is contrary to the Convention (see 2012 General Survey, paragraph 92). The Committee requests the Government to amend the above-mentioned provisions to ensure that workers and employers have the right, if they so wish, to establish occupational organizations outside the existing structure, in conformity with the guarantees provided by Article 2 of the Convention.

Amalgamation of organizations. The Committee notes that the amalgamation procedure for trade unions, employers’ organizations and federations is regulated by section 13(3) of the draft Trade Union Regulations, which provides that an amalgamation may only occur if a simple majority of the members of each organization has voted and at least 75 per cent of the voting members vote in favour. The Committee further notes that section 13(5) of the Regulations stipulates that if the amalgamated trade union, employers’ organization or federation proposes to represent members in more than one sector, it may only be registered if the Registrar is satisfied that its constitution protects and promotes the respective sectoral interests of employees or employers. The Committee requests the Government to amend section 13 of the draft Trade Union Regulations to ensure that the setting of the requirements for amalgamation is left to the bylaws of the organizations concerned and that the discretionary authority of the Registrar is repealed.

Article 3. Right of organizations to elect their representatives. Conditions of eligibility of representatives. The Committee notes that the Trade Union Bill provides that a person not engaged or employed in the sector for which a trade union or an employers’ organization is registered may only serve as an official for that organization with the permission of the Registrar (section 19(1)), that a person who has been convicted of a criminal offence involving embezzlement or fraud shall not be an official of a trade union or employer’s organization (section 19(4)), that a person shall not hold office in any capacity in more than one trade union at the same time (section 20(1)), and that under section 7(1) of the draft Trade Union Regulations, a person shall not be an official of more than one federation of trade unions at the same time. In the view of the Committee, provisions of this type infringe the right of organizations to draw up their constitutions and to elect representatives in full freedom by preventing qualified persons (such as full-time union officers or pensioners) from being elected, or by depriving them of the experience of certain officers when they are unable to provide enough qualified persons from among their own ranks. There is also a real risk of interference by the employer through the dismissal of trade union officers, which deprives them of their trade union office (see 2012 General Survey, paragraph 102). The Committee also considers that section 19(4), as currently drafted, appears to allow for a broad interpretation and thus to exclude certain persons from ever being elected to trade union office. The Committee therefore requests the Government to remove the above-mentioned restrictions from the Trade Union Bill and the draft Trade Union Regulations so as to ensure that the determination of the conditions of eligibility for office is left to the autonomous decision of workers’ and employers’ organizations.

Right of organizations to organize their administration and activities and to formulate their programmes. The Committee had previously noted that the Labour Act was under review and requested the Government to amend section 104(1)(b), which allows the registrar to verify the accounts of employers’ and workers’ organizations when he “is unable to determine with certainty the absence of irregularity or fraud”, as well as sections 104(2)(b) and 104(7)(c), which allow the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues. The Committee notes the Government’s indication that these sections do not appear in the Labour Bill, as they have been replaced by sections 30 and 32 of the Trade Union Bill. While welcoming the announced changes with respect to section 104 of the Labour Act, the Committee observes that section 30(b) of the Trade Union Bill stipulates that the accounts of trade unions and employers’ organizations shall be open to inspection by the Commissioner at any reasonable time, and that section 32(1) of the Trade Union Bill and section 18(2)(b) of the draft Trade Union Regulations provide that the Commissioner may, at any time, call upon their officials to render detailed accounts of their funds for any period, in the manner and containing such information as the Commissioner may require. It also observes that according to section 28 of the Trade Union Bill and section 23 of the draft Trade Union Regulations, an injunction against unauthorized or unlawful expenditures by a trade union, employers’ organization or federation may be granted by an Industrial Tribunal on application by the Commissioner. The Committee requests the Government to review the Trade Union Bill and the draft Trade Union Regulations to ensure that the Commissioner has the power to verify the accounts of trade unions and employers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances, and that the substance and procedure of such verifications is subject to judicial review, in conformity with the Convention.

Deduction of trade union dues. The Committee takes note that sections 22 and 24 of the draft Trade Union Regulations regulate in detail the deduction and the use of trade union dues and other levies. It recalls that issues relating to membership and members’ dues should be left to the discretion of the trade union members (see 2012 General Survey, paragraph 113). The Committee requests that the Government modify the draft Trade Union Regulations so as to bring them into full conformity with the Convention in this regard.

Transfer of property. The Committee notes that pursuant to section 24 of the Trade Union Bill, an authorization of the Minister is required in order to transfer a specified property of trade unions, employers’ organizations and federations to a person other than its administrator, or for public purposes other than the use of the trade union, employers’ organization or federation and its members, which public purposes the Minister may prescribe. The Committee recalls that the freedom of organizations to organize their administration also includes the right to be able to dispose of all their fixed and moveable assets unhindered (see 2012 General Survey, paragraph 114). The Committee requests the Government to amend the above-mentioned provisions so as to ensure that workers’ and employers’ organizations are allowed to transfer their property unhindered if they so wish.

Right to strike. The Committee notes that the Trade Union Bill prohibits strikes which are not in furtherance of a trade dispute (section 57(1)(g)), as well as sympathy strikes (section 57(1)(h)). It further notes that the Labour Bill prohibits secondary industrial actions (section 175) and industrial actions which are primarily in pursuit of a political object (section 176 (1)(c). The Committee recalls that, in its view, trade unions and employers’ organizations responsible for defending socio-economic and occupational interests should be able to use, respectively, strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members (see 2012 General Survey, paragraph 124). With regard to so-called “sympathy” strikes, the Committee considers that a general prohibition of this form of strike action could lead to abuse, and that workers should be able to take such action, provided that the initial strike they are supporting is itself lawful (see 2012 General Survey, paragraphs 124 and 125). In light of the foregoing, the Committee requests the Government to modify the provisions of the Trade Union Bill and the Labour Bill relating to the exercise of the right to strike.

In its previous comments, the Committee had noted that section 140(1) of the Labour Act defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and that the Government considered radio and telecommunication services to be essential services. It had recalled that radio services could not be considered essential services in the strict sense of the term and requested the Government to review its list of essential services accordingly. The Committee notes the Government’s indication that the issue of essential services is provided for under section 60 of the Trade Union Bill, as well as section 27 and the Third Schedule of the draft Trade Union Regulations. The Committee observes that the Third Schedule of the draft Trade Union Regulations lists the following services as essential (in which strikes are prohibited pursuant to sections 57(1)(f) and 60(3) of the Trade Union Bill): water and electricity supply services, public hospital services, air traffic control services and civil aviation, public telecommunications services, fire services of the Government or a public institution, ports authority, ferry services, public transport services, public service cleansing and sanitation services. The Committee considers that some of the above services, notably, civil aviation services, telecommunication services in general (with the exception of telephone services), ports, ferry services, transport services, as well as cleansing and sanitation services cannot be considered essential services in the strict sense of the term. The Committee requests the Government to amend the list of essential services set out in the draft Trade Union Regulations with a view to ensuring that the ban on strikes stipulated in section 60(3) of the Trade Union Bill is limited to essential services in the strict sense of the term.

Article 4. No suspension or dissolution by administrative authority. The Committee notes that section 17(2) of the Trade Union Bill provides that the Registrar may cancel or suspend the registration of a trade union, employers’ organization or federation if he is satisfied that the organization is operating in contravention of the Bill, has failed to conduct elections in accordance with the requirements of this Bill, or is not independent. The Committee observes that while section 18 of the Trade Union Bill stipulates that a person aggrieved by a decision of the Registrar may appeal to the High Court, the Bill does not specify whether such an appeal has the effect of a stay of execution. The Committee recalls that the dissolution and suspension of trade union organizations constitute extreme forms of interference by the authorities in the activities of organizations and should therefore be accompanied by all the necessary guarantees, including a normal judicial procedure with the effect of a stay of execution (see 2012 General Survey, paragraph 162). The Committee requests the Government to amend the Trade Union Bill with a view to minimizing the Registrar’s powers regarding the cancellation and suspension of the registration of workers’ and employers’ organizations, and ensuring that if such a decision is made, it does not take effect before the end of the appeal procedure provided in section 18 of the Bill.

Article 5. The right to form federations. The Committee notes that the Trade Union Bill provides that eight or more trade unions may form a federation in the same sector (section 9(1)), and that four or more trade unions, none of which is a member of another registered federation, may form a federation in different sectors (section 10(1)(b)). It also notes that the draft Trade Union Regulations stipulate that a federation must be established at a meeting attended by the representatives of at least four trade unions in the same sector or six trade unions in different sectors (section 5(1)(e)). The Committee requests the Government to review these provisions in order to ensure that they are consistent with each other, and that the requirement of the minimum number of trade unions to form a federation is not excessively high and does not infringe the right of workers’ organizations to form federations.

The Committee requests the Government to provide information on all steps taken to review the draft legislation in light of the foregoing, in consultation with the social partners.

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The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2022, which refer to matters under examination by the Committee.

Trade union rights and civil liberties. In its previous comments, the Committee had noted the 2017 ITUC observations alleging the arbitrary arrests of several leaders of the Gambian National Transport Control Association (GNTCA); the death, while in detention, of Mr Sheriff Diba, one of the arrested leaders; and the imposition of a ban on the activities of the GNTCA. The Committee had requested the Government to ensure that the GNTCA was informed about the necessary procedures to obtain a review of its case, which had been discontinued before the High Court of The Gambia, and expressed its firm hope that the death of Mr Diba and the alleged arbitrary arrests would be duly investigated without delay by the Truth, Reconciliation and Reparation Commission (TRRC), an independent institution mandated to investigate human rights violations committed by the former regime. The Committee notes the Government’s indication in its report that in 2020, a task force led by the Office of the Inspector General of the Police, which included representatives of the Ministry of Justice, the National Intelligence Agency and the Gambia Armed Forces, as well as former members of the GNTCA, convened several meetings on the above-mentioned issues. The Committee further notes that the GNTCA was advised to constitute a trade union instead of an association, which led to the formation of the General Transport Union, and was also advised to approach the Victim Centres of the National Human Rights Commission. In addition, the Committee also notes the Government’s indication that due to the time constraints and the volume of alleged human rights violations that the TRRC was tasked to examine, the TRRC did not investigate the death of Mr Diba, and that all pending human rights violations will be investigated and prosecuted by a Special Prosecutor’s Office that will be established within the Ministry of Justice. The Committee expects that the Government will take all necessary measures to ensure that the death of Mr Diba and the alleged arbitrary arrests of the leaders of the GNTCA are promptly investigated by the Special Prosecutor’s Office. The Committee requests the Government to provide information on all developments in this regard.

Article 2 of the Convention. Right of workers without distinction whatsoever, to establish and join organizations of their own choosing without previous authorization. The Committee had previously noted that sections 3(2)(a), (c) and (d) of the Labour Act of 2007 exclude civil servants, prison officers and domestic workers, respectively, from its scope, and recalled the need to ensure that these three groups enjoy the right to establish and join organizations of their own choosing. The Committee notes the Government’s indication that these categories of workers are not excluded from the scope of the Trade Union Bill and will therefore be allowed to form and join trade unions after its coming into force. The Committee observes that the right to join and participate in the forming of trade unions is provided to every employee under section 4(1) of the Trade Union Bill. Further observing that section 2 of the Trade Union Bill defines “employee” as “a person employed for wages or a salary”, which does not encompass self-employed workers and workers without employment contracts, the Committee recalls that Article 2 of the Convention applies not only to employees but more broadly to all workers without any distinction whatsoever. The Committee also notes the ITUC indication that no progress has been made with respect to the Trade Union Bill since the Gambian Trade Union Bureau submitted its comments and recommendations on the Bill in 2017. The Committee requests the Government to take the necessary steps, in consultation with the social partners, to review the Trade Union Bill so as to ensure that once adopted, all workers, including civil servants, prison officers, domestic workers, as well as self-employed workers and workers without employment contracts, enjoy the right to establish and join organizations of their own choosing, in accordance with the Convention. The Committee requests the Government to provide information on any progress made in this respect.

Minimum membership requirement. In its previous comments, the Committee had requested the Government to lower the minimum membership requirement for the registration of a trade union currently set by section 96(4)(a) the Labour Act at 50 workers. The Committee welcomes the Government’s indication that the issue of registration of trade unions will now be dealt with under the Trade Union Bill and that the minimum membership requirement will be set at seven members under section 8(2) of its draft Trade Union Regulations. The Government indicates that the Labour Bill no longer includes provisions regulating this issue. The Committee expects that the Labour Bill, the Trade Union Bill and the draft Trade Union Regulations will be adopted without further delay so as to ensure that the minimum membership requirement for the registration of trade unions is reduced to a level which does not hinder the establishment of organizations.

The Committee hopes that the Labour Bill, the Trade Union Bill and the draft Trade Union Regulations will be reviewed and finalized as soon as possible in consultation with the social partners and with the technical assistance of the Office, requested by the Government, to ensure that full effect is given to the provisions of the Convention. The Committee requests the Government to provide information on all developments in this regard and to transmit copies of the laws and regulations once adopted.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Minimum membership requirement. In its previous comments, the Committee had noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)). It had further noted that the Government was proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers and therefore requested it to provide information on any developments in this respect. The Committee notes with  regret  that the Government reiterates that it does not intend to reduce this threshold, since during a workshop on the draft Labour Bill, consensus would have been reached among the tripartite constituents to keep the minimum membership requirement to register a trade union at enterprise level at 50.  Recalling that a minimum membership requirement of 50 workers may hinder the establishment of organizations, especially in small enterprises, the Committee once again requests the Government to consider reviewing section 96(4)(a) of the Labour Act so as to lower the minimum membership requirement, in particular for the establishment of unions at the enterprise level.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee had noted that the Labour Act of 2007 did not reflect the Committee’s concerns: (i) with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)); and (ii) that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). The Committee had also noted with regret that the Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). It further noted the Government’s indication that following a recent seminar, efforts were on the way to amend some areas, including section 104(1)(b) of the Labour Act. The Committee takes note of the Government’s indication that given that the Labour Act is still under review, stakeholders, including trade unions, could consider this matter. The Government also indicates that the draft Trade Union Bill has taken into account all the aforementioned issues. The Committee requests the Government to provide further information on the way in which these issues have been taken into consideration in the draft Trade Union Bill and to provide specific information on any developments to amend sections 104(1)(b), 104(2)(b) and 104(7)(c) of the Labour Act so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances; that the substance and procedure of such verifications is subject to judicial review; and that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

In its previous comments, the Committee had noted that section 140(1) of the Labour Act defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee recalled that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the 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 public services which are of fundamental importance rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see the 2012 General Survey on the fundamental Conventions, paragraph 131), and the Committee had therefore requested the Government to indicate the measures taken or envisaged in this regard. The Committee had previously noted with concern the Government’s statement that the definition of essential services remained the same and that there was no prescribed procedure designating a particular service as essential, while indicating that the Labour Act had already been reviewed and was being finalized by the Ministry of Justice. The Committee notes that in its supplementary report the Government indicates that, in its view, radio services are essential because they allow access to timely information, which could be lifesaving, particularly during the current pandemic, in which people living in rural areas rely on information broadcast on the radio for following the safety precautions set by the Ministry of Health. While acknowledging the Government’s concerns, the Committee recalls that, rather than imposing an outright ban on strikes, concerns to ensure that such basic informational needs are met can be addressed through a system of minimum services (see the 2012 General Survey on the fundamental Conventions, paragraph 136). The Committee therefore reiterates its request to review the list of essential services in light of the foregoing, as part of the ongoing review of the Labour Act and firmly hopes that the Government will make every effort to take the necessary action in the near future.

The Committee expects that, in the context of finalizing the review of the Labour Act of 2007, the Government will take the necessary measures to bring the legislation into conformity with the Convention in line with the preceding comments, and requests it to provide information on any developments, including a copy of the revised Labour Act and the Trade Union Act once adopted.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Trade union rights and civil liberties. In its previous comments, the Committee had requested the Government to provide comments on the observations of the International Trade Union Confederation received on 1 September 2017, which contained allegations of arbitrary arrests of several leaders of the Gambian National Transport Control Association (GNTCA), the death of Mr Sheriff Diba, one of the arrested leaders, while in detention, and the ban imposed on the activities of the GNTCA. The Committee had regretted that the Government had not provided any concrete information on these grave allegations and their investigation and only indicated that the case involving the leaders of the said Association had been discontinued before the High Court of The Gambia and that the parties had been discharged. The Committee recalled the need to make every effort to investigate the alleged grave violations of trade union rights, with a view to apportioning responsibility and punishing the perpetrators. The Committee takes note of the Government’s indication that an investigation into the facts surrounding the death of Mr Sheriff Diba could be conducted by the Truth, Reconciliation and Reparation Commission (TRRC), an independent institution mandated to conduct research and investigations into human rights violations committed between July 1994 and January 2017 by the former regime. The Government further indicates that the GNTCA's matter was discharged by the High Court and that it is the responsibility of the GNTCA to re-engage the Government to review their case for consideration. The Committee expresses its firm hope that the death of Mr Diba as well as the alleged arbitrary arrests of several leaders of the GNTCA will be duly investigated by the TRRC without delay and requests the Government to provide updated information in this respect. It requests the Government to ensure that the GNTCA is informed about the necessary procedures to obtain a review of its case and also requests that the Government provide a copy of the mentioned High Court order.

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee had noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). The Committee had also noted the Government’s statement that the Labour Act was in the process of being reviewed to allow these categories of workers to enjoy the rights established by the Convention. The Committee takes note of the Government’s indication that the review of the Labour Act is still ongoing, and its further indication that separate statutes and regulations cover civil servants and prison officers, and that new regulations could cover domestic workers. Recalling the need to take all necessary measures to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing, the Committee requests the Government to provide detailed information on any developments in this respect, including any revisions in the Labour Bill to extend the right to these three groups, and the specific terms of any other laws or regulations that ensure the right is accorded to each of the three groups.

The Committee is raising other matters in a request addressed directly to the Government.

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

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Article 2 of the Convention. Minimum membership requirement. In its previous comments, the Committee had noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)). It had further noted that the Government was proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers and therefore requested it to provide information on any developments in this respect. The Committee notes with  regret  that the Government reiterates that it does not intend to reduce this threshold, since during a workshop on the draft Labour Bill, consensus would have been reached among the tripartite constituents to keep the minimum membership requirement to register a trade union at enterprise level at 50.  Recalling that a minimum membership requirement of 50 workers may hinder the establishment of organizations, especially in small enterprises, the Committee once again requests the Government to consider reviewing section 96(4)(a) of the Labour Act so as to lower the minimum membership requirement, in particular for the establishment of unions at the enterprise level.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee had noted that the Labour Act of 2007 did not reflect the Committee’s concerns: (i) with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)); and (ii) that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). The Committee had also noted with regret that the Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). It further noted the Government’s indication that following a recent seminar, efforts were on the way to amend some areas, including section 104(1)(b) of the Labour Act. The Committee takes note of the Government’s indication that given that the Labour Act is still under review, stakeholders, including trade unions, could consider this matter. The Government also indicates that the draft Trade Union Bill has taken into account all the aforementioned issues. The Committee requests the Government to provide further information on the way in which these issues have been taken into consideration in the draft Trade Union Bill and to provide specific information on any developments to amend sections 104(1)(b), 104(2)(b) and 104(7)(c) of the Labour Act so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances; that the substance and procedure of such verifications is subject to judicial review; and that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

In its previous comments, the Committee had noted that section 140(1) of the Labour Act defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee recalled that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the 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 public services which are of fundamental importance rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see the 2012 General Survey on the fundamental Conventions, paragraph 131), and the Committee had therefore requested the Government to indicate the measures taken or envisaged in this regard. The Committee had previously noted with concern the Government’s statement that the definition of essential services remained the same and that there was no prescribed procedure designating a particular service as essential, while indicating that the Labour Act had already been reviewed and was being finalized by the Ministry of Justice. The Committee notes that in its supplementary report the Government indicates that, in its view, radio services are essential because they allow access to timely information, which could be lifesaving, particularly during the current pandemic, in which people living in rural areas rely on information broadcast on the radio for following the safety precautions set by the Ministry of Health. While acknowledging the Government’s concerns, the Committee recalls that, rather than imposing an outright ban on strikes, concerns to ensure that such basic informational needs are met can be addressed through a system of minimum services (see the 2012 General Survey on the fundamental Conventions, paragraph 136). The Committee therefore reiterates its request to review the list of essential services in light of the foregoing, as part of the ongoing review of the Labour Act and firmly hopes that the Government will make every effort to take the necessary action in the near future.

The Committee expects that, in the context of finalizing the review of the Labour Act of 2007, the Government will take the necessary measures to bring the legislation into conformity with the Convention in line with the preceding comments, and requests it to provide information on any developments, including a copy of the revised Labour Act and the Trade Union Act once adopted.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Trade union rights and civil liberties. In its previous comments, the Committee had requested the Government to provide comments on the observations of the International Trade Union Confederation received on 1 September 2017, which contained allegations of arbitrary arrests of several leaders of the Gambian National Transport Control Association (GNTCA), the death of Mr Sheriff Diba, one of the arrested leaders, while in detention, and the ban imposed on the activities of the GNTCA. The Committee had regretted that the Government had not provided any concrete information on these grave allegations and their investigation and only indicated that the case involving the leaders of the said Association had been discontinued before the High Court of The Gambia and that the parties had been discharged. The Committee recalled the need to make every effort to investigate the alleged grave violations of trade union rights, with a view to apportioning responsibility and punishing the perpetrators. The Committee takes note of the Government’s indication that an investigation into the facts surrounding the death of Mr Sheriff Diba could be conducted by the Truth, Reconciliation and Reparation Commission (TRRC), an independent institution mandated to conduct research and investigations into human rights violations committed between July 1994 and January 2017 by the former regime. The Government further indicates that the GNTCA's matter was discharged by the High Court and that it is the responsibility of the GNTCA to re-engage the Government to review their case for consideration. The Committee expresses its firm hope that the death of Mr Diba as well as the alleged arbitrary arrests of several leaders of the GNTCA will be duly investigated by the TRRC without delay and requests the Government to provide updated information in this respect. It requests the Government to ensure that the GNTCA is informed about the necessary procedures to obtain a review of its case and also requests that the Government provide a copy of the mentioned High Court order.

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee had noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). The Committee had also noted the Government’s statement that the Labour Act was in the process of being reviewed to allow these categories of workers to enjoy the rights established by the Convention. The Committee takes note of the Government’s indication that the review of the Labour Act is still ongoing, and its further indication that separate statutes and regulations cover civil servants and prison officers, and that new regulations could cover domestic workers. Recalling the need to take all necessary measures to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing, the Committee requests the Government to provide detailed information on any developments in this respect, including any revisions in the Labour Bill to extend the right to these three groups, and the specific terms of any other laws or regulations that ensure the right is accorded to each of the three groups.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee had noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). The Committee had also noted the Government’s statement that the Labour Act was in the process of being reviewed to allow these categories of workers to enjoy the rights established by the Convention. The Committee notes with concern the absence of new information on this point, and recalls the need to take all necessary measures to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing, the Committee requests the Government to provide information on any developments in this respect.

Minimum membership requirement. The Committee had noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)). It had further noted the Government’s statement that it was proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers and therefore requested the Government to provide information on any developments in this respect. The Committee notes with regret the Government’s indication that the Labour Act has been reviewed and the minimum membership requirement still remains at 50, after consultations with stakeholders both prior and during the validation workshop. Recalling that a minimum membership requirement of 50 workers may hinder the establishment of organizations, the Committee once again requests the Government to amend section 96(4)(a) of the Labour Act so as to lower the minimum membership requirement, in particular for the establishment of unions at the enterprise level.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee had noted that the Labour Act of 2007 did not reflect the Committee’s concerns: (i) with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)); and (ii) that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). The Committee had also noted with regret that the Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). It further noted the Government’s indication that following a recent seminar, efforts were on the way to amend some areas, including section 104(1)(b) of the Labour Act. The Committee notes with concern the absence of information from the Government in this regard and therefore requests it to provide information on any developments to amend sections 104(1)(b), 104(2)(b) and 104(7)(c) of the Labour Act so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances; that the substance and procedure of such verifications is subject to judicial review; and that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

In its previous comments, the Committee had noted that section 140(1) of the Labour Act defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee recalled that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the 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 (see General Survey on the fundamental Conventions, 2012, paragraphs 127 and 131), and the Committee had therefore requested the Government to indicate the measures taken or envisaged in this regard. The Committee notes with concern the Government’s statement that the definition of essential services remains the same and that currently there is no prescribed procedure designating a particular service as essential, while indicating that the Labour Act has already been reviewed and is being finalized by the Ministry of Justice. The Committee therefore reiterates its request and hopes that the Government will make every effort to take the necessary action in the near future.

The Committee expects that, in the context of finalizing the review of the Labour Act of 2007, the Government will take the necessary measures to bring the legislation into conformity with the Convention in line with the preceding comments, and requests it to provide information on any developments, including a copy of the revised Labour Act once adopted.

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Trade union rights and civil liberties. In its previous comment, the Committee had requested the Government to provide comments on the observations of the International Trade Union Confederation received on 1 September 2017, which contains allegations of arbitrary arrests of several leaders of the Gambian National Transport Control Association (GNTCA), the death of Mr Sheriff Diba, one of the arrested leaders, while in detention, and the ban imposed on the activities of the GNTCA. The Committee notes with regret that the Government does not provide any concrete information on these grave allegations and their investigation and only indicates that the case involving the leaders of the said Association has been discontinued before the High Court of The Gambia and that the parties have been discharged. The Committee further recalls the need to make every effort to investigate the alleged grave violations of trade union rights, with a view to apportioning responsibility and punishing the perpetrators. The Committee requests the Government to take any necessary additional measures to ensure that these grave allegations are duly investigated and to provide information in this respect, including as to the process before the High Court of The Gambia and its outcome.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). With regard to civil servants, the Committee had noted that article 25(e) of the Gambian Constitution guarantees the right of every citizen (including public servants) to freedom of association and that a proposal for the amendment of section 3(2)(a) of the Labour Act would be made in due course. With regard to domestic workers, the Committee noted the Government’s statement that proposals would be made by the Ministry of Trade, Industry and Employment to the Attorney General’s Chambers to amend section 3(2)(d) of the Act. The Committee notes that the Government indicates in its report that the Labour Act of 2007 is in the process of being reviewed to allow the civil servants, the police, the prison officers and the security personnel (except for the army), to enjoy the rights established by the Convention. The Committee notes that no information was provided concerning the domestic workers. The Committee hopes that the legislation review will be finalized in the near future and that all necessary measures will be taken to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing.

Minimum membership requirement. In its previous comments, the Committee noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)), and requested the Government to lower it to a reasonable level. The Committee notes the Government’s statement that it is proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers. The Committee hopes that the proposed amendment to section 96(4)(a) of the Labour Act of 2007 will take place in the near future and requests the Government to provide information on any developments in this respect.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee noted that the Labour Act of 2007 did not reflect its previous comments with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)) and that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). It further noted with regret that the new Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). The Committee notes that the Government indicates in its report that following a recent seminar, efforts are on the way to amend some areas, including section 104(1)(b) of the Labour Act of 2007. The Committee hopes that in the context of the proposed revision of the legislation all measures will be taken to amend section 104(1)(b) of the Labour Act of 2007, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review, as well as sections 104(2)(b) and 104(7)(c) so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

Finally, the Committee recalls that it had previously requested the Government to provide information regarding the designation of essential services. The Committee had noted that section 140(1) of the Labour Act of 2007 defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. It further noted the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee requested the Government to indicate the procedure of designation of a particular service as essential. The Committee notes the Government’s indication that: the essential nature of a service is widely interpreted; it is based on the public interest test; and a wider definition allows for a broader judicial interpretation. The Committee once again recalls that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the 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 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee requests the Government to indicate the measures taken or envisaged in this regard.

The Committee once again urges the Government to take the necessary measures in order to amend the Labour Act of 2007 so as to bring it into conformity with the Convention and to indicate in its next report the measures taken or envisaged in this regard.

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The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017, which contain allegations of arrests of several leaders of the Gambian National Transport Control Association (GNTCA), the death of Mr Sheriff Diba, one of the arrested leaders, while in detention, and the ban imposed on the activities of the GNTCA. The Committee expresses concern at the gravity of these allegations and requests the Government to provide its comments thereon.

The Committee is raising other matters in a request addressed directly to the Government.

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

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The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

The Committee also notes that the Government has been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of the ratified Conventions.

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). With regard to civil servants, the Committee had noted that article 25(e) of the Gambian Constitution guarantees the right of every citizen (including public servants) to freedom of association and that a proposal for the amendment of section 3(2)(a) of the Labour Act would be made in due course. With regard to domestic workers, the Committee noted the Government’s statement that proposals would be made by the Ministry of Trade, Industry and Employment to the Attorney General’s Chambers to amend section 3(2)(d) of the Act. The Committee notes that the Government indicates in its report that the Labour Act of 2007 is in the process of being reviewed to allow the civil servants, the police, the prison officers and the security personnel (except for the army), to enjoy the rights established by the Convention. The Committee notes that no information was provided concerning the domestic workers. The Committee hopes that the legislation review will be finalized in the near future and that all necessary measures will be taken to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing.

Minimum membership requirement. In its previous comments, the Committee noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)), and requested the Government to lower it to a reasonable level. The Committee notes the Government’s statement that it is proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers. The Committee hopes that the proposed amendment to section 96(4)(a) of the Labour Act of 2007 will take place in the near future and requests the Government to provide information on any developments in this respect.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee noted that the Labour Act of 2007 did not reflect its previous comments with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)) and that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). It further noted with regret that the new Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). The Committee notes that the Government indicates in its report that following a recent seminar, efforts are on the way to amend some areas, including section 104(1)(b) of the Labour Act of 2007. The Committee hopes that in the context of the proposed revision of the legislation all measures will be taken to amend section 104(1)(b) of the Labour Act of 2007, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review, as well as sections 104(2)(b) and 104(7)(c) so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

Finally, the Committee recalls that it had previously requested the Government to provide information regarding the designation of essential services. The Committee had noted that section 140(1) of the Labour Act of 2007 defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. It further noted the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee requested the Government to indicate the procedure of designation of a particular service as essential. The Committee notes the Government’s indication that: the essential nature of a service is widely interpreted; it is based on the public interest test; and a wider definition allows for a broader judicial interpretation. The Committee once again recalls that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the 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 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee requests the Government to indicate the measures taken or envisaged in this regard.

The Committee once again urges the Government to take the necessary measures in order to amend the Labour Act of 2007 so as to bring it into conformity with the Convention and to indicate in its next report the measures taken or envisaged in this regard.

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The Committee notes with concern that the Government’s report has not been received. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017, which contain allegations of arrests of several leaders of the Gambian National Transport Control Association (GNTCA), the death of Mr Sheriff Diba, one of the arrested leaders, while in detention, and the ban imposed on the activities of the GNTCA. The Committee expresses concern at the gravity of these allegations and requests the Government to provide its comments thereon.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). With regard to civil servants, the Committee had noted that article 25(e) of the Gambian Constitution guarantees the right of every citizen (including public servants) to freedom of association and that a proposal for the amendment of section 3(2)(a) of the Labour Act would be made in due course. With regard to domestic workers, the Committee noted the Government’s statement that proposals would be made by the Ministry of Trade, Industry and Employment to the Attorney General’s Chambers to amend section 3(2)(d) of the Act. The Committee notes that the Government indicates in its report that the Labour Act of 2007 is in the process of being reviewed to allow the civil servants, the police, the prison officers and the security personnel (except for the army), to enjoy the rights established by the Convention. The Committee notes that no information was provided concerning the domestic workers. The Committee hopes that the legislation review will be finalized in the near future and that all necessary measures will be taken to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing.

Minimum membership requirement. In its previous comments, the Committee noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)), and requested the Government to lower it to a reasonable level. The Committee notes the Government’s statement that it is proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers. The Committee hopes that the proposed amendment to section 96(4)(a) of the Labour Act of 2007 will take place in the near future and requests the Government to provide information on any developments in this respect.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee noted that the Labour Act of 2007 did not reflect its previous comments with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)) and that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). It further noted with regret that the new Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). The Committee notes that the Government indicates in its report that following a recent seminar, efforts are on the way to amend some areas, including section 104(1)(b) of the Labour Act of 2007. The Committee hopes that in the context of the proposed revision of the legislation all measures will be taken to amend section 104(1)(b) of the Labour Act of 2007, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review, as well as sections 104(2)(b) and 104(7)(c) so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

Finally, the Committee recalls that it had previously requested the Government to provide information regarding the designation of essential services. The Committee had noted that section 140(1) of the Labour Act of 2007 defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. It further noted the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee requested the Government to indicate the procedure of designation of a particular service as essential. The Committee notes the Government’s indication that: the essential nature of a service is widely interpreted; it is based on the public interest test; and a wider definition allows for a broader judicial interpretation. The Committee once again recalls that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the 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 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee requests the Government to indicate the measures taken or envisaged in this regard.

The Committee once again urges the Government to take the necessary measures in order to amend the Labour Act of 2007 so as to bring it into conformity with the Convention and to indicate in its next report the measures taken or envisaged in this regard.

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The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015.

The Committee also notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). With regard to civil servants, the Committee had noted that article 25(e) of the Gambian Constitution guarantees the right of every citizen (including public servants) to freedom of association and that a proposal for the amendment of section 3(2)(a) of the Labour Act would be made in due course. With regard to domestic workers, the Committee noted the Government’s statement that proposals would be made by the Ministry of Trade, Industry and Employment to the Attorney General’s Chambers to amend section 3(2)(d) of the Act. The Committee notes that the Government indicates in its report that the Labour Act of 2007 is in the process of being reviewed to allow the civil servants, the police, the prison officers and the security personnel (except for the army), to enjoy the rights established by the Convention. The Committee notes that no information was provided concerning the domestic workers. The Committee hopes that the legislation review will be finalized in the near future and that all necessary measures will be taken to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing.

Minimum membership requirement. In its previous comments, the Committee noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)), and requested the Government to lower it to a reasonable level. The Committee notes the Government’s statement that it is proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers. The Committee hopes that the proposed amendment to section 96(4)(a) of the Labour Act of 2007 will take place in the near future and requests the Government to provide information on any developments in this respect.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee noted that the Labour Act of 2007 did not reflect its previous comments with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)) and that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). It further noted with regret that the new Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). The Committee notes that the Government indicates in its report that following a recent seminar, efforts are on the way to amend some areas, including section 104(1)(b) of the Labour Act of 2007. The Committee hopes that in the context of the proposed revision of the legislation all measures will be taken to amend section 104(1)(b) of the Labour Act of 2007, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review, as well as sections 104(2)(b) and 104(7)(c) so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

Finally, the Committee recalls that it had previously requested the Government to provide information regarding the designation of essential services. The Committee had noted that section 140(1) of the Labour Act of 2007 defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. It further noted the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee requested the Government to indicate the procedure of designation of a particular service as essential. The Committee notes the Government’s indication that: the essential nature of a service is widely interpreted; it is based on the public interest test; and a wider definition allows for a broader judicial interpretation. The Committee once again recalls that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the 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 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee requests the Government to indicate the measures taken or envisaged in this regard.

The Committee once again urges the Government to take the necessary measures in order to amend the Labour Act of 2007 so as to bring it into conformity with the Convention and to indicate in its next report the measures taken or envisaged in this regard.

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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 comments.

Repetition

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). With regard to civil servants, the Committee had noted that article 25(e) of the Gambian Constitution guarantees the right of every citizen (including public servants) to freedom of association and that a proposal for the amendment of section 3(2)(a) of the Labour Act would be made in due course. With regard to domestic workers, the Committee noted the Government’s statement that proposals would be made by the Ministry of Trade, Industry and Employment to the Attorney General’s Chambers to amend section 3(2)(d) of the Act. The Committee notes that the Government indicates in its report that the Labour Act of 2007 is in the process of being reviewed to allow the civil servants, the police, the prison officers and the security personnel (except for the army), to enjoy the rights established by the Convention. The Committee notes that no information was provided concerning the domestic workers. The Committee hopes that the legislation review will be finalized in the near future and that all necessary measures will be taken to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing.

Minimum membership requirement. In its previous comments, the Committee noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)), and requested the Government to lower it to a reasonable level. The Committee notes the Government’s statement that it is proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers. The Committee hopes that the proposed amendment to section 96(4)(a) of the Labour Act of 2007 will take place in the near future and requests the Government to provide information on any developments in this respect.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee noted that the Labour Act of 2007 did not reflect its previous comments with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)) and that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). It further noted with regret that the new Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). The Committee notes that the Government indicates in its report that following a recent seminar, efforts are on the way to amend some areas, including section 104(1)(b) of the Labour Act of 2007. The Committee hopes that in the context of the proposed revision of the legislation all measures will be taken to amend section 104(1)(b) of the Labour Act of 2007, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review, as well as sections 104(2)(b) and 104(7)(c) so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

Finally, the Committee recalls that it had previously requested the Government to provide information regarding the designation of essential services. The Committee had noted that section 140(1) of the Labour Act of 2007 defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. It further noted the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee requested the Government to indicate the procedure of designation of a particular service as essential. The Committee notes the Government’s indication that: the essential nature of a service is widely interpreted; it is based on the public interest test; and a wider definition allows for a broader judicial interpretation. The Committee once again recalls that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the 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 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee requests the Government to indicate the measures taken or envisaged in this regard.

The Committee once again urges the Government to take the necessary measures in order to amend the Labour Act of 2007 so as to bring it into conformity with the Convention and to indicate in its next report the measures taken or envisaged in this regard.

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Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). With regard to civil servants, the Committee had noted that article 25(e) of the Gambian Constitution guarantees the right of every citizen (including public servants) to freedom of association and that a proposal for the amendment of section 3(2)(a) of the Labour Act would be made in due course. With regard to domestic workers, the Committee noted the Government’s statement that proposals would be made by the Ministry of Trade, Industry and Employment to the Attorney-General’s Chambers to amend section 3(2)(d) of the Act. The Committee notes that the Government indicates in its report that the Labour Act of 2007 is in the process of being reviewed to allow the civil servants, the police, the prison officers and the security personnel (except for the army), to enjoy the rights established by the Convention. The Committee notes that no information was provided concerning the domestic workers. The Committee hopes that the legislation review will be finalized in the near future and that all necessary measures will be taken to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing.

Minimum membership requirement. In its previous comments, the Committee noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)), and requested the Government to lower it to a reasonable level. The Committee notes the Government’s statement that it is proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers. The Committee hopes that the proposed amendment to section 96(4)(a) of the Labour Act of 2007 will take place in the near future and requests the Government to provide information on any developments in this respect.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee noted that the Labour Act of 2007 did not reflect its previous comments with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)) and that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). It further noted with regret that the new Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). The Committee notes that the Government indicates in its report that following a recent seminar, efforts are on the way to amend some areas, including section 104(1)(b) of the Labour Act of 2007. The Committee hopes that in the context of the proposed revision of the legislation all measures will be taken to amend section 104(1)(b) of the Labour Act of 2007, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review, as well as sections 104(2)(b) and 104(7)(c) so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

Finally, the Committee recalls that it had previously requested the Government to provide information regarding the designation of essential services. The Committee had noted that section 140(1) of the Labour Act of 2007 defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. It further noted the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee requested the Government to indicate the procedure of designation of a particular service as essential. The Committee notes the Government’s indication that: the essential nature of a service is widely interpreted; it is based on the public interest test; and a wider definition allows for a broader judicial interpretation. The Committee once again recalls that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the 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 (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). The Committee requests the Government to indicate the measures taken or envisaged in this regard.

The Committee once again urges the Government to take the necessary measures in order to amend the Labour Act of 2007 so as to bring it into conformity with the Convention and to indicate in its next report the measures taken or envisaged in this regard.

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The Committee notes the adoption of Labour Act No. 5 of 2007 replacing the Labour Act of 1990 and wishes to raise in this respect the following points.

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Domestic workers and prison officers. The Committee regrets that the Labour Act of 2007 continues to exclude civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). With regard to civil servants, the Committee notes the Government’s statement that article 25(e) of the Gambian Constitution guarantees the right of every citizen (including public servants) of freedom of association and that a proposal for the amendment of section 3(2)(a) of the Labour Act would be made in due course. With regard to prison staff, the Committee once again recalls that the functions exercised by prison guards are different from the regular functions of the army and the police and do not justify their exclusion from the right to organize (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 56). With regard to domestic workers, the Committee notes the Government’s statement that proposals would be made by the Ministry of Trade, Industry and Employment to the Attorney-General’s Chambers to amend section 3(2)(d) of the Act. The Committee requests the Government to indicate the measures it has taken to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing.

Minimum membership requirement. The Committee regrets to note that the new Labour Act maintains a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)), whereas it had previously requested the Government to lower it to a reasonable level. The Committee notes the Government’s statement that it is proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers. The Committee requests the Government to inform it of developments in this respect.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. The Committee notes with regret that the new Labour Act does not reflect its previous comments with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)) and that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). It further notes with regret that the new Labour Act maintains the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). The Committee recalls that in order to verify the accounts of employers’ and workers’ organizations, authorities must have serious grounds for believing that the actions of an organization are contrary to its rules or the law or that there must be a complaint or allegations of embezzlement and that both the substance and the procedure of such verifications should always be subject to review by the competent authority affording every guarantee of impartiality and objectivity (see General Survey, op. cit., paragraph 125). Furthermore, the Committee considers that the payment of arrears is an internal matter of organizations and the administrative authorities should not have the power to request information thereon and to initiate civil proceedings for the payment of such arrears. The Committee therefore once again requests the Government to amend section 104(1)(b) of the Labour Act, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review. It further requests the Government to amend sections 104(2)(b) and 104(7)(c) so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

The Committee notes that section 133(1) of Labour Act provides the possibility of check-off payments in respect of union membership dues only for sole bargaining agents and once again requests the Government to consider taking measures to promote the provision of check-off facilities for all registered unions.

Finally, the Committee recalls that it had previously requested the Government to provide information regarding the designation of essential services. It notes that section 140(1) of the Labour Act defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. It further notes the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee considers that radio services cannot be considered essential services in the strict sense of the term. It recalls that in order to avoid damages which are irreversible or out of all proportion to the 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 (see General Survey, op. cit., paragraph 160). The Committee requests the Government to indicate the procedure of designation of a particular service as essential.

The Committee urges the Government to take the necessary measures in order to amend the Labour Act so as to bring it into conformity with the Convention.

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The Committee notes with regret 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:

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Prison officers and domestic workers. The Committee had previously noted that section 2(2)(c) and (d) of Labour Act No. 12 of 1990 (the Act) excluded from its scope the prison service and domestic workers and requested the Government to indicate the provisions which guarantee prison staff and domestic servants the right to establish and join organizations of their own choosing. The Committee had noted the Government’s indication that according to section 3(3), the Secretary of State can extend the scope of the Act to include prison officers, civil servants and domestic servants. In view of this, the reporting committee will advise the relevant authorities to make the necessary changes in the draft bill to cover the abovementioned categories of workers. The Committee requests the Government to keep it informed of the developments in this respect.

Civil service. The Committee had also noted that the civil service was excluded from the scope of the Act by virtue of section 2(2)(a) and that public officers were subject to the General Orders and the Public Service Act and Regulations. It had requested the Government to indicate the specific legislative provisions which guaranteed the right of public servants to establish and join organizations of their own choosing. The Committee had noted the Government’s indication that neither the General Orders nor the Public Services Act guarantees the freedom of association rights to public servants. The Government indicated, however, that article 25 of the Gambian Constitution guarantees the right of every citizen (including public servants) to freedom of speech, conscience, assembly, association and movement. Moreover, the Labour Bill of 2005 had also been modified to that effect (sections 107 and 108). The Committee hopes that the Labour Bill is amended so as to provide for the right of civil servants to establish and join organizations of their own choosing.

Registration of trade unions. 1. The Committee had further noted that section 128(4)(a) of the Act established a minimum membership requirement of 50 workers for the registration of a trade union. Considering this requirement excessively high, the Committee had requested the Government to amend section 128(4)(a) so as to lower it. The Committee had noted the Government’s indication that this recommendation was put before a tripartite body and was discussed with the consultant for the draft bill, but the concession was to maintain the same requirement. Considering that a minimum membership requirement of 50 workers may hinder the establishment of organizations, particularly at the enterprise level, the Committee requests the Government to amend section 128(4)(a) so as to reduce it to a reasonable level. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous direct request, the Committee had requested the Government: (1) to amend section 135, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review; (2) to amend sections 135(2)(b) and 137(7)(c), so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues; and (3) to consider taking measures to promote the provision of check-off facilities for all registered unions. The Committee had noted that, according to the Government, the new Labour Bill has no adequate amendments in this respect. However, the reporting committee would advise the appropriate authorities to make the necessary changes. The Committee hopes that the new Bill would take into account its previous comments and requests the Government to keep it informed of developments in this regard.

Finally, the Committee had noted that essential services were defined in section 3 of the Act as services, which, if interrupted, would be likely to endanger the life or health of the community or a substantial part thereof and requested the Government to provide any relevant texts designating services as essential and to indicate how this determination was made. The Committee had noted the Government’s indication that there is no provision relating to designation of essential services in the new Labour Bill. However, the reporting committee will draw the attention of the appropriate authorities to this omission. The Committee requests the Government to keep it informed of developments in this regard.

The Committee requests the Government to transmit a copy of the new Labour Bill.

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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:

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Prison officers and domestic workers. The Committee had previously noted that section 2(2)(c) and (d) of Labour Act No. 12 of 1990 (the Act) excluded from its scope the prison service and domestic workers and requested the Government to indicate the provisions which guarantee prison staff and domestic servants the right to establish and join organizations of their own choosing. The Committee notes the Government’s indication that according to section 3(3), the Secretary of State can extend the scope of the Act to include prison officers, civil servants and domestic servants. In view of this, the reporting committee will advise the relevant authorities to make the necessary changes in the draft bill to cover the abovementioned categories of workers. The Committee requests the Government to keep it informed of the developments in this respect.

Civil service. The Committee had also noted that the civil service was excluded from the scope of the Act by virtue of section 2(2)(a) and that public officers were subject to the General Orders and the Public Service Act and Regulations. It had requested the Government to indicate the specific legislative provisions which guaranteed the right of public servants to establish and join organizations of their own choosing. The Committee notes the Government’s indication that neither the General Orders nor the Public Services Act guarantees the freedom of association rights to public servants. The Government points out, however, that article 25 of the Gambian Constitution guarantees the right of every citizen (including public servants) to freedom of speech, conscience, assembly, association and movement. Moreover, the Labour Bill of 2005 had also been modified to that effect (sections 107 and 108). The Committee hopes that the Labour Bill is amended so as to provide for the right of civil servants to establish and join organizations of their own choosing.

Registration of trade unions. 1. The Committee had further noted that section 128(4)(a) of the Act established a minimum membership requirement of 50 workers for the registration of a trade union. Considering this requirement excessively high, the Committee had requested the Government to amend section 128(4)(a) so as to lower it. The Committee notes the Government’s indication that this recommendation was put before a tripartite body and was discussed with the consultant for the draft bill, but the concession was to maintain the same requirement. Considering that a minimum membership requirement of 50 workers may hinder the establishment of organizations, particularly at the enterprise level, the Committee requests the Government to amend section 128(4)(a) so as to reduce it to a reasonable level. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous direct request, the Committee had requested the Government: (1) to amend section 135, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review; (2) to amend sections 135(2)(b) and 137(7)(c), so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues; and (3) to consider taking measures to promote the provision of check-off facilities for all registered unions. The Committee notes that according to the Government, the new Labour Bill has no adequate amendments in this respect. However, the reporting committee would advise the appropriate authorities to make the necessary changes. The Committee hopes that the new Bill would take into account its previous comments and requests the Government to keep it informed of developments in this regard.

Finally, the Committee had noted that essential services were defined in section 3 of the Act as services, which, if interrupted, would be likely to endanger the life or health of the community or a substantial part thereof and requested the Government to provide any relevant texts designating services as essential and to indicate how this determination was made. The Committee notes the Government’s indication that there is no provision relating to designation of essential services in the new Labour Bill. However, the reporting committee will draw the attention of the appropriate authorities to this omission. The Committee requests the Government to keep it informed of developments in this regard.

The Committee requests the Government to transmit a copy of the new Labour Bill.

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The Committee notes the Government’s report.

The Committee further notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 10 August 2006 concerning issues already raised and in particular indicates that civil servants cannot form unions.

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization.

Prison officers and domestic workers. The Committee had previously noted that section 2(2)(c) and (d) of Labour Act No. 12 of 1990 (the Act) excluded from its scope the prison service and domestic workers and requested the Government to indicate the provisions which guarantee prison staff and domestic servants the right to establish and join organizations of their own choosing. The Committee notes the Government’s indication that according to section 3(3), the Secretary of State can extend the scope of the Act to include prison officers, civil servants and domestic servants. In view of this, the reporting committee will advise the relevant authorities to make the necessary changes in the draft bill to cover the abovementioned categories of workers. The Committee requests the Government to keep it informed of the developments in this respect.

Civil service. The Committee had also noted that the civil service was excluded from the scope of the Act by virtue of section 2(2)(a) and that public officers were subject to the General Orders and the Public Service Act and Regulations. It had requested the Government to indicate the specific legislative provisions which guaranteed the right of public servants to establish and join organizations of their own choosing. The Committee notes the Government’s indication that neither the General Orders nor the Public Services Act guarantees the freedom of association rights to public servants. The Government points out, however, that article 25 of the Gambian Constitution guarantees the right of every citizen (including public servants) to freedom of speech, conscience, assembly, association and movement. Moreover, the Labour Bill of 2005 had also been modified to that effect (sections 107 and 108). The Committee hopes that the Labour Bill is amended so as to provide for the right of civil servants to establish and join organizations of their own choosing.

Registration of trade unions. 1. The Committee had further noted that section 128(4)(a) of the Act established a minimum membership requirement of 50 workers for the registration of a trade union. Considering this requirement excessively high, the Committee had requested the Government to amend section 128(4)(a) so as to lower it. The Committee notes the Government’s indication that this recommendation was put before a tripartite body and was discussed with the consultant for the draft bill, but the concession was to maintain the same requirement. Considering that a minimum membership requirement of 50 workers may hinder the establishment of organizations, particularly at the enterprise level, the Committee requests the Government to amend section 128(4)(a) so as to reduce it to a reasonable level. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

2. The Committee notes with interest that according to the Government, sections 128(2) and 142 of the Act, which provided for registration of trade unions on the one hand, and of “efficient” trade unions on the other, were amended so as to repeal the reference to “trade unions registered as efficient”.

3. The Committee had previously requested the Government to amend section 131(4) of the Act so as to eliminate the restrictions to the right of appeal against a registrar’s decision denying registration and to enable appeals from the moment of the registrar’s decision. The Committee notes the Government’s indication that an amendment in this respect is provided for in section 98(3) and 99(1) of the new Labour Bill.

4. The Committee had also requested the Government to amend section 131(1)(f) of the Act so as to eliminate the requirement of previous authorization for the establishment of organizations, the members of which are engaged in more than one trade or occupation. The Committee notes that according to the Government, section 98(1)(2) of the new Labour Bill provides for some amendments pertaining to the requirement of previous authorization.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous direct request, the Committee had requested the Government: (1) to amend section 135, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review; (2) to amend sections 135(2)(b) and 137(7)(c), so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues; and (3) to consider taking measures to promote the provision of check-off facilities for all registered unions. The Committee notes that according to the Government, the new Labour Bill has no adequate amendments in this respect. However, the reporting committee would advise the appropriate authorities to make the necessary changes. The Committee hopes that the new Bill would take into account its previous comments and requests the Government to keep it informed of developments in this regard.

Finally, the Committee had noted that essential services were defined in section 3 of the Act as services, which, if interrupted, would be likely to endanger the life or health of the community or a substantial part thereof and requested the Government to provide any relevant texts designating services as essential and to indicate how this determination was made. The Committee notes the Government’s indication that there is no provision relating to designation of essential services in the new Labour Bill. However, the reporting committee will draw the attention of the appropriate authorities to this omission. The Committee requests the Government to keep it informed of developments in this regard.

The Committee requests the Government to transmit a copy of the new Labour Bill.

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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:

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choice without previous authorization. The Committee notes that section 2(2)(c) and (d) of the Labour Act No. 12 of 1990 (the Act) excludes from its scope the prison service and domestic workers. The Committee is of the opinion that the functions exercised by prison staff should not justify their exclusion from the right to organize; similarly, domestic staff is not excluded from the scope of the Convention and should therefore be covered by the guarantees afforded therein concerning the right to establish and join occupational organizations (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 56 and 59). The Committee requests the Government to indicate the provisions which guarantee prison staff and domestic servants the right to establish and join organizations of their own choosing.

The Committee notes that the civil service is excluded from the scope of the Act by virtue of section 2(2)(a). The Committee also notes that public officers are subject to the General Orders as well as the Public Service Act and Regulations. The Committee considers that the guarantee of the right of association should apply to public servants like all other workers, public or private (see General Survey, op. cit., paragraph 48). The Committee therefore requests the Government to indicate the provisions in the General Orders, the Public Service Act and Regulations or any other legislative text, which guarantee the right of public servants to establish and join organizations of their own choosing and to transmit the relevant texts.

The Committee notes that section 128(4)(a) of the Act establishes a minimum membership requirement of 50 workers for the registration of a trade union. The Committee is of the view that this requirement is excessively high (see General Survey, op. cit., paragraphs 81 and 83). It therefore requests the Government to amend section 128(4)(a) so as to lower the minimum membership requirement.

The Committee notes that under section 128(2), the Registrar is supposed to keep two types of registers: one for trade unions and one for trade unions registered as efficient and that section 142 of the Act sets out a list of requirements to determine whether an organization can be registered as efficient. The Committee requests the Government to provide information on the purpose of these two separate registries and the manner in which they function in practice.

The Committee notes that section 131(4) of the Act provides that an appeal may be lodged before the Supreme Court on any failure by the Registrar to register an organization at any time after six months from the date of the application to register. The Committee also observes that since the registration procedure may take up to four months, in accordance with sections 129, 130 and 131(3) of the Act, the six-month period established in section 131(4) may impede for two months the lodging of an appeal against the Registrar’s refusal to register a trade union. The Committee is of the view that, while trade unions should have the right to appeal to independent courts against any administrative decision regarding their registration, the existence of the right to appeal is not in itself an adequate safeguard: the competent judges should be empowered to give a ruling rapidly (see General Survey, op. cit., paragraph 77). The Committee requests the Government to amend section 131(4) so as to eliminate these restrictions to the right of appeal against a Registrar’s decision denying registration and to enable appeals from the moment of the Registrar’s decision.

The Committee observes that section 131(1)(f) provides that the Registrar may refuse to register an organization consisting of persons engaged or working in more than one trade or occupation unless and until he is satisfied that the rules of the organization contain provision adequate to protect the sectional interests of such persons. The Committee considers that the appropriateness of the rules of a trade union for the protection of the interests of its members should be up to the members themselves to evaluate. The Committee notes therefore that the power conferred on the Registrar to evaluate the appropriateness of the rules amounts to a requirement of previous authorization. The Committee requests the Government to amend section 131(1)(f) so as to eliminate the requirement of previous authorization for the establishment of organizations the members of which are engaged in more than one trade or occupation.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. The Committee notes that, according to section 135(1) of the Act, where any part of the accounts of an organization is, in the opinion of the Registrar, inadequate, incomplete or misleading so that he is unable to ascertain with certainty the absence of irregularity or fraud, the Registrar may in his discretion call for any books, records or other documents for examination by himself or by an auditor nominated by him. The Committee also notes that there is no explicit right to appeal to the Courts against the decision of the Registrar. The Committee is of the view that verification of accounts should be limited to exceptional cases, for example in order to investigate a complaint, or if there have been allegations of embezzlement. Moreover, both the substance and the procedure of such verifications should be subject to review by the competent judicial authority affording every guarantee of impartiality and objectivity (see General Survey, op. cit., paragraph 125). The Committee therefore requests the Government to amend section 135 so as to ensure that the Registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review.

The Committee notes that, according to section 135(2)(b), the financial information to be provided for verification by the Registrar includes the estimated arrears of members’ dues and a note of the steps taken to collect or write off any arrears of more than three months’ standing. Moreover, the Committee observes that, according to section 137(7)(c), the Registrar may initiate civil proceedings if it appears expedient to do so for the benefit of the members of the organization, for the recovery of any monies due to the organization. The Committee considers that the payment of arrears is an internal matter of trade unions and the administrative authorities should not have the power to request information thereon or to initiate civil proceedings for the payment of such arrears. The Committee therefore requests the Government to amend sections 135(2)(b) and 137(7)(c) so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

The Committee further notes that section 169 only provides for check-off payments in respect of union membership dues for sole bargaining agents. The Committee considers that such an approach is likely to disfavour other duly registered organizations in a manner contrary to the Convention and requests the Government to consider taking measures to promote the provision of check-off facilities for all registered unions.

Finally, noting with interest that essential services are defined in section 3 of the Act as services which, if interrupted, would be likely to endanger the life or health of the community or a substantial part thereof, the Committee requests the Government to provide any relevant texts designating services as essential and to indicate how this determination is made.

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The Committee takes note of the Government’s first report with interest.

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choice without previous authorization. The Committee notes that section 2(2)(c) and (d) of the Labour Act No. 12 of 1990 (the Act) excludes from its scope the prison service and domestic workers. The Committee is of the opinion that the functions exercised by prison staff should not justify their exclusion from the right to organize; similarly, domestic staff is not excluded from the scope of the Convention and should therefore be covered by the guarantees afforded therein concerning the right to establish and join occupational organizations (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 56 and 59). The Committee requests the Government to indicate the provisions which guarantee prison staff and domestic servants the right to establish and join organizations of their own choosing.

The Committee notes that the civil service is excluded from the scope of the Act by virtue of section 2(2)(a). The Committee also notes from the Government’s report that public officers are subject to the General Orders as well as the Public Service Act and Regulations. The Committee considers that the guarantee of the right of association should apply to public servants like all other workers, public or private (see General Survey, op. cit., paragraph 48). The Committee therefore requests the Government to indicate the provisions in the General Orders, the Public Service Act and Regulations or any other legislative text, which guarantee the right of public servants to establish and join organizations of their own choosing and to transmit the relevant texts.

The Committee notes that section 128(4)(a) of the Act establishes a minimum membership requirement of 50 workers for the registration of a trade union. The Committee is of the view that this requirement is excessively high (see General Survey, op. cit., paragraphs 81 and 83). It therefore requests the Government to amend section 128(4)(a) so as to lower the minimum membership requirement.

The Committee notes that under section 128(2), the Registrar is supposed to keep two types of registers: one for trade unions and one for trade unions registered as efficient and that section 142 of the Act sets out a list of requirements to determine whether an organization can be registered as efficient. The Committee requests the Government to provide information on the purpose of these two separate registries and the manner in which they function in practice.

The Committee notes that section 131(4) of the Act provides that an appeal may be lodged before the Supreme Court on any failure by the Registrar to register an organization at any time after six months from the date of the application to register. The Committee also observes that since the registration procedure may take up to four months, in accordance with sections 129, 130 and 131(3) of the Act, the six-month period established in section 131(4) may impede for two months the lodging of an appeal against the Registrar’s refusal to register a trade union. The Committee is of the view that, while trade unions should have the right to appeal to independent courts against any administrative decision regarding their registration, the existence of the right to appeal is not in itself an adequate safeguard: the competent judges should be empowered to give a ruling rapidly (see General Survey, op. cit., paragraph 77). The Committee requests the Government to amend section 131(4) so as to eliminate these restrictions to the right of appeal against a Registrar’s decision denying registration and to enable appeals from the moment of the Registrar’s decision.

The Committee observes that section 131(1)(f) provides that the Registrar may refuse to register an organization consisting of persons engaged or working in more than one trade or occupation unless and until he is satisfied that the rules of the organization contain provision adequate to protect the sectional interests of such persons. The Committee considers that the appropriateness of the rules of a trade union for the protection of the interests of its members should be up to the members themselves to evaluate. The Committee notes therefore that the power conferred on the Registrar to evaluate the appropriateness of the rules amounts to a requirement of previous authorization. The Committee requests the Government to amend section 131(1)(f) so as to eliminate the requirement of previous authorization for the establishment of organizations the members of which are engaged in more than one trade or occupation.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. The Committee notes that, according to section 135(1) of the Act, where any part of the accounts of an organization is, in the opinion of the Registrar, inadequate, incomplete or misleading so that he is unable to ascertain with certainty the absence of irregularity or fraud, the Registrar may in his discretion call for any books, records or other documents for examination by himself or by an auditor nominated by him. The Committee also notes that there is no explicit right to appeal to the Courts against the decision of the Registrar. The Committee is of the view that verification of accounts should be limited to exceptional cases, for example in order to investigate a complaint, or if there have been allegations of embezzlement. Moreover, both the substance and the procedure of such verifications should be subject to review by the competent judicial authority affording every guarantee of impartiality and objectivity (see General Survey, op. cit., paragraph 125). The Committee therefore requests the Government to amend section 135 so as to ensure that the Registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review.

The Committee notes that, according to section 135(2)(b), the financial information to be provided for verification by the Registrar includes the estimated arrears of members’ dues and a note of the steps taken to collect or write off any arrears of more than three months’ standing. Moreover, the Committee observes that, according to section 137(7)(c), the Registrar may initiate civil proceedings if it appears expedient to do so for the benefit of the members of the organization, for the recovery of any monies due to the organization. The Committee considers that the payment of arrears is an internal matter of trade unions and the administrative authorities should not have the power to request information thereon or to initiate civil proceedings for the payment of such arrears. The Committee therefore requests the Government to amend sections 135(2)(b) and 137(7)(c) so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

The Committee further notes that section 169 only provides for check-off payments in respect of union membership dues for sole bargaining agents. The Committee considers that such an approach is likely to disfavour other duly registered organizations in a manner contrary to the Convention and requests the Government to consider taking measures to promote the provision of check-off facilities for all registered unions.

Finally, noting with interest that essential services are defined in section 3 of the Act as services which, if interrupted, would be likely to endanger the life or health of the community or a substantial part thereof, the Committee requests the Government to provide any relevant texts designating services as essential and to indicate how this determination is made.