Right of Association (Agriculture) Convention, 1921 (No. 11) - Solomon Islands (RATIFICATION: 1985)

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Article 1 of the Convention. Scope of application. The Committee previously requested the Government to indicate whether self-employed workers (farmers working on their own or within their family) enjoyed the rights of association and combination and, if so, to indicate the relevant legislative provisions. The Committee notes the Government’s indication that the Agriculture Act, which merely focuses on agricultural production, food security and partnership for development, is outdated and needs to be reviewed to include issues concerning labour. The Government refers to the Labour Procedure Management (LMP), an Agriculture and Rural Transformation Project, which applies to all workers and refers to the need to respect their rights to freedom of association. The Committee expects that the review of the Agriculture Act, in consultation with social partners, will give full effect to the Convention and ensure the rights of association and combination for all workers, including farmers working on their own or within their family. The Committee requests the Government to provide information on all developments in this respect.

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The Committee observes that under section 2 of the Labour Act (1996), the term “worker” refers to “any person who has entered into or works under a contract of service or apprenticeship with an employer whether by way of manual labour, clerical work or otherwise, whether the contract is expressed or implied, is oral or in writing, but does not include a domestic servant or seaman”. Section 2 of the Trade Union Act (1996) is to the same effect to the extent that it requires a contractual relationship to be considered a “worker” and thus benefit from the rights of association and combination. The Committee further notes the Government’s indication that employees in the agricultural undertakings are granted the rights of freedom of association, which would appear to indicate that a contractual relationship is a condition for benefiting the rights under the Convention. Recalling that the Convention applies to “all those engaged in agriculture”, the Committee requests the Government to indicate whether self-employed workers (farmers working on their own or within their family) enjoy the rights of association and combination under the Convention and, if so, to indicate the relevant legislative provisions.