Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Chad (RATIFICATION: 1960)

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A Government representative stated that the National Sovereign Conference had expressed its agreement with the comments of the Committee of Experts and requested the Government to recognize freedom of association. In this respect it had requested the repeal of Ordinance No. 30 suspending all strike action throughout the country and Ordinance No. 001 prohibiting public and similar employees from exercising the right to organize. The draft laws repealing these Ordinances had been already submitted to the Council of Ministers. Having recognized the earlier error of including trade unions within the scope of laws governing associations in general, the Government was proposing that trade unions should only be regulated by the provisions of the Convention and the Labour Code. Furthermore, various amendments to the procedures for strikes had been communicated to the Committee of Experts and the Government was awaiting the Committee's comments. Despite the fact that the Government was vigilant in fulfilling its international obligations, it was confronted by a series of problems that required the technical assistance of the ILO.

The Workers' members, while noting the repeal of Ordinances Nos. 30 and 001 called for by the National Sovereign Conference, noted that the comments of the Committee of Experts and the complaints examined by the Committee on Freedom of Association also concerned other violations of fundamental principles of the Convention. The supervisory bodies had noted that every time the Government considered its interests were violated, it may threaten to take measures against trade unions which could endanger their very existence. The Workers' members considered that such a situation could not permit the creation of a climate of cooperation necessary for the conclusion of a social pact and the resolution of the current economic crisis. If the Government was determined to change the situation, it should examine the current situation, faced by the workers and the employers, as well as the comments of the Committee of Experts and of the Committee on Freedom of Association. The Workers' members were of the opinion that it was important to urge the Government to take the necessary measures to bring its legislation into conformity with the Convention and to follow up all the comments made by the Committee of Experts. In this respect they considered that the technical assistance of the ILO could be useful and requested the Government to provide information on measures taken in law and practice to implement the Convention.

The Employers' members stated that the outright prohibition of the right to strike, the prohibition of public servants' right to organize, the requirement of prior authorization for the formation of trade unions, as well as the other points raised by the Committee of Experts constituted violations of the Convention. They therefore considered the national law should be changed. The Government representative had stated that these amendments had already been partially made. They therefore considered that copies of the amendments should be provided to the Committee of Experts for an assessment of the progress made. The Employers' members also stressed the importance for the Government to provide detailed reports on all the points contained in the report of the Committee of Experts so that it could re-examine the situation.

The Workers' member of Senegal was of the opinion that it was important that this Committee be informed of the repeated violations of this Convention as regards the workers of Chad. He considered that it was absolutely necessary that international organizations act to put a stop to these violations. He pointed out that in many African countries a national conference rarely resolved the problems relating to human rights and in particular those relating to trade union rights and other workers' rights. In light of the promises made by the Government to this Committee, the speaker requested the firm intervention of the ILO in order to ensure Chad's compliance with international law.

The Workers' member of Greece wanted the Government representative to clearly indicate if Ordinance No. 27 of 1962 had been repealed, thus permitting trade unions to organize themselves. If this was the case the Government should be requested to communicate a copy of the repealing law. While acknowledging the fact that Chad was a country that had long suffered from war, he pointed out that the prohibition of freedom of association did not constitute a way out of the crisis.

The Government representative noted with interest the comments made and reiterated the fact that the Committee on Labour and Social Security would soon be deciding on the submission to the Council of Ministers of draft laws prepared following tripartite consultations. More specifically, following a compromise with the trade unions, the transitional government had submitted a draft law to bring unions within the scope of the Labour Code and not that of Ordinance No. 27. She further requested the indulgence of this Committee in view of the problems faced and of the new positive climate currently prevailing. She hoped that in future a mission from the ILO would provide technical assistance and note the improvement in the matters relating to this Convention.

The Committee noted the oral information provided by the Government representative and expressed its deep concern regarding the very large discrepancies between the law and practice, and the terms of the Convention, given that for many years the Committee of Experts had been urging the Government to repeal the Ordinances of 1975 and 1976 and the provisions of the Labour Code which contravened this Convention. The Committee also deplored the fact that the Committee on Freedom of Association, at its May 1993 Session, had to examine a complaint presented by international trade union organizations concerning in particular the administrative suspension of the Union of Trade Unions of Chad, the prohibition of its operations and the occupation of its headquarters by the police. The Committee further deplored these violations of freedom of association both in law and in practice and urged the Government to meet its international obligations in this regard. The Committee noted with interest the draft law abolishing the prior administrative authorization for the formation of trade unions. It also noted with interest the Government's proposal regarding the necessary amendments to the right to strike. The Committee noted the Government's intention to request the technical assistance of the Office to resolve the problems mentioned by the Committee of Experts. The Committee hoped that the Government's next report would contain information on the concrete progress made in decisions regarding the full implementation of this Convention.

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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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their administration and activities. In its previous comments, the Committee drew the Government’s attention to the need to take measures to amend the following provisions of Act No. 008/PR/007, of 9 May 2007, regulating the exercise of the right to strike in public services. – section 11(3) of the Act, which imposes the obligation to declare the “possible” duration of a strike (the Committee recalls that trade unions should be able to call strikes of unlimited duration if they so wish); and – sections 20 and 21 of the Act, under which the public authorities have discretion to determine the minimum services and the number of officials and employees who will ensure their maintenance in the event of a strike in the services enumerated in section 19. In this regard, the Committee notes the conclusions and recommendation of the Committee on Freedom of Association in Case No. 3004 (see 375th Report), which emphasized the need to amend Act No. 008/PR/007 to ensure the determination of a minimum service in accordance with the principles of freedom of association and requested the Government to provide detailed information to the Committee of Experts. The Committee notes with regret that the Government confines itself in its report to indicating extremely briefly that measures have been adopted to take into account the Committee’s comments. In the absence of information from the Government, the Committee recalls that the maintenance of minimum services in the event of a strike should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole of part of the population (or essential services “in the strict sense of the term”); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; or (iii) in public services of fundamental importance. Such a minimum service should meet at least two requirements: (i) it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137).

The Committee trusts that the Government will make every effort to adopt the necessary measures in the near future with a view to amending Act No. 008/PR/007 of 9 May 2007 in accordance with the principles recalled above.

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, which allege violations of the trade union rights in law and in practice, as well as the Government’s response thereto, dated 11 October 2019. The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2016, which are of a general nature. It also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, relating to: (i) the legal procedures governing the right to strike; (ii) cases of serious violations of trade union and fundamental rights; and (iii) the determination of essential services.The Committee requests the Government to provide its comments in this regard.

Articles 2 and 3 of the Convention. Labour Code. In its previous comments, the Committee requested the Government to take measures to amend section 294(3) of the Labour Code, under the terms of which minors under 16 years of age may join a union, unless their father, mother or guardian objects, with a view to recognizing the trade union rights of minors who have reached the statutory minimum age to enter the labour market in accordance with the Labour Code (14 years), either as workers or apprentices, without the intervention of their parents or guardians. The Committee also drew the Government’s attention to the need to take the necessary measures to amend section 307 of the Labour Code, to ensure that monitoring by the public authorities of trade union finances does not go beyond the obligation of organizations to submit periodic reports. The Committee noted the Government’s indication that this provision has never been applied and that it was removed in the draft revision of the Labour Code. The Committee notes the Government’s statement that the concerns of the Committee have been taken into account in the revision of the Act issuing the Labour Code, even though the latter has not yet been promulgated.The Committee trusts that the Labour Code will be promulgated in the near future and that it will give full effect to the provisions of the Convention on the points recalled above. It requests the Government to provide a copy of the text as adopted.

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 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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their administration and activities. In its previous comments, the Committee drew the Government’s attention to the need to take measures to amend the following provisions of Act No. 008/PR/007, of 9 May 2007, regulating the exercise of the right to strike in public services.

– section 11(3) of the Act, which imposes the obligation to declare the “possible” duration of a strike (the Committee recalls that trade unions should be able to call strikes of unlimited duration if they so wish); and

– sections 20 and 21 of the Act, under which the public authorities have discretion to determine the minimum services and the number of officials and employees who will ensure their maintenance in the event of a strike in the services enumerated in section 19. In this regard, the Committee notes the conclusions and recommendation of the Committee on Freedom of Association in Case No. 3004 (see 375th Report), which emphasized the need to amend Act No. 008/PR/007 to ensure the determination of a minimum service in accordance with the principles of freedom of association and requested the Government to provide detailed information to the Committee of Experts. The Committee notes with regret that the Government confines itself in its report to indicating extremely briefly that measures have been adopted to take into account the Committee’s comments. In the absence of information from the Government, the Committee recalls that the maintenance of minimum services in the event of a strike should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole of part of the population (or essential services “in the strict sense of the term”); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; or (iii) in public services of fundamental importance. Such a minimum service should meet at least two requirements: (i) it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137).

The Committee trusts that the Government will make every effort to adopt the necessary measures in the near future with a view to amending Act No. 008/PR/007 of 9 May 2007 in accordance with the principles recalled above.

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The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, which allege violations of the trade union rights in law and in practice, as well as the Government’s response thereto, dated 11 October 2019.

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2016, which are of a general nature. It also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, relating to: (i) the legal procedures governing the right to strike; (ii) cases of serious violations of trade union and fundamental rights; and (iii) the determination of essential services. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 3 of the Convention. Labour Code. In its previous comments, the Committee requested the Government to take measures to amend section 294(3) of the Labour Code, under the terms of which minors under 16 years of age may join a union, unless their father, mother or guardian objects, with a view to recognizing the trade union rights of minors who have reached the statutory minimum age to enter the labour market in accordance with the Labour Code (14 years), either as workers or apprentices, without the intervention of their parents or guardians. The Committee also drew the Government’s attention to the need to take the necessary measures to amend section 307 of the Labour Code, to ensure that monitoring by the public authorities of trade union finances does not go beyond the obligation of organizations to submit periodic reports. The Committee noted the Government’s indication that this provision has never been applied and that it was removed in the draft revision of the Labour Code. The Committee notes the Government’s statement that the concerns of the Committee have been taken into account in the revision of the Act issuing the Labour Code, even though the latter has not yet been promulgated. The Committee trusts that the Labour Code will be promulgated in the near future and that it will give full effect to the provisions of the Convention on the points recalled above. It requests the Government to provide a copy of the text as adopted.

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 hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their administration and activities. In its previous comments, the Committee drew the Government’s attention to the need to take measures to amend the following provisions of Act No. 008/PR/007, of 9 May 2007, regulating the exercise of the right to strike in public services.

• – section 11(3) of the Act, which imposes the obligation to declare the “possible” duration of a strike (the Committee recalls that trade unions should be able to call strikes of unlimited duration if they so wish); and
• – sections 20 and 21 of the Act, under which the public authorities have discretion to determine the minimum services and the number of officials and employees who will ensure their maintenance in the event of a strike in the services enumerated in section 19. In this regard, the Committee notes the conclusions and recommendation of the Committee on Freedom of Association in Case No. 3004 (see 375th Report), which emphasized the need to amend Act No. 008/PR/007 to ensure the determination of a minimum service in accordance with the principles of freedom of association and requested the Government to provide detailed information to the Committee of Experts. The Committee notes with regret that the Government confines itself in its report to indicating extremely briefly that measures have been adopted to take into account the Committee’s comments. In the absence of information from the Government, the Committee recalls that the maintenance of minimum services in the event of a strike should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole of part of the population (or essential services “in the strict sense of the term”); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; or (iii) in public services of fundamental importance. Such a minimum service should meet at least two requirements: (i) it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137).

The Committee trusts that the Government will make every effort to adopt the necessary measures in the near future with a view to amending Act No. 008/PR/007 of 9 May 2007 in accordance with the principles recalled above.

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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.

Repetition

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, which allege violations of the trade union rights in law and in practice, as well as the Government’s response thereto, dated 11 October 2019.

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2016, which are of a general nature. It also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, relating to: (i) the legal procedures governing the right to strike; (ii) cases of serious violations of trade union and fundamental rights; and (iii) the determination of essential services. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 3 of the Convention. Labour Code. In its previous comments, the Committee requested the Government to take measures to amend section 294(3) of the Labour Code, under the terms of which minors under 16 years of age may join a union, unless their father, mother or guardian objects, with a view to recognizing the trade union rights of minors who have reached the statutory minimum age to enter the labour market in accordance with the Labour Code (14 years), either as workers or apprentices, without the intervention of their parents or guardians. The Committee also drew the Government’s attention to the need to take the necessary measures to amend section 307 of the Labour Code, to ensure that monitoring by the public authorities of trade union finances does not go beyond the obligation of organizations to submit periodic reports. The Committee noted the Government’s indication that this provision has never been applied and that it was removed in the draft revision of the Labour Code. The Committee notes the Government’s statement that the concerns of the Committee have been taken into account in the revision of the Act issuing the Labour Code, even though the latter has not yet been promulgated. The Committee trusts that the Labour Code will be promulgated in the near future and that it will give full effect to the provisions of the Convention on the points recalled above. It requests the Government to provide a copy of the text as adopted.

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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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 3 of the Convention. Right of workers’ and employers’ organizations to organize their administration and activities. In its previous comments, the Committee drew the Government’s attention to the need to take measures to amend the following provisions of Act No. 008/PR/007, of 9 May 2007, regulating the exercise of the right to strike in public services.

• – section 11(3) of the Act, which imposes the obligation to declare the “possible” duration of a strike (the Committee recalls that trade unions should be able to call strikes of unlimited duration if they so wish); and
• – sections 20 and 21 of the Act, under which the public authorities have discretion to determine the minimum services and the number of officials and employees who will ensure their maintenance in the event of a strike in the services enumerated in section 19. In this regard, the Committee notes the conclusions and recommendation of the Committee on Freedom of Association in Case No. 3004 (see 375th Report), which emphasized the need to amend Act No. 008/PR/007 to ensure the determination of a minimum service in accordance with the principles of freedom of association and requested the Government to provide detailed information to the Committee of Experts. The Committee notes with regret that the Government confines itself in its report to indicating extremely briefly that measures have been adopted to take into account the Committee’s comments. In the absence of information from the Government, the Committee recalls that the maintenance of minimum services in the event of a strike should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole of part of the population (or essential services “in the strict sense of the term”); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; or (iii) in public services of fundamental importance. Such a minimum service should meet at least two requirements: (i) it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137).

The Committee trusts that the Government will make every effort to adopt the necessary measures in the near future with a view to amending Act No. 008/PR/007 of 9 May 2007 in accordance with the principles recalled above.

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019, which allege violations of the trade union rights in law and in practice, as well as the Government’s response thereto, dated 11 October 2019.

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2016, which are of a general nature. It also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, relating to: (i) the legal procedures governing the right to strike; (ii) cases of serious violations of trade union and fundamental rights; and (iii) the determination of essential services. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 3 of the Convention. Labour Code. In its previous comments, the Committee requested the Government to take measures to amend section 294(3) of the Labour Code, under the terms of which minors under 16 years of age may join a union, unless their father, mother or guardian objects, with a view to recognizing the trade union rights of minors who have reached the statutory minimum age to enter the labour market in accordance with the Labour Code (14 years), either as workers or apprentices, without the intervention of their parents or guardians. The Committee also drew the Government’s attention to the need to take the necessary measures to amend section 307 of the Labour Code, to ensure that monitoring by the public authorities of trade union finances does not go beyond the obligation of organizations to submit periodic reports. The Committee noted the Government’s indication that this provision has never been applied and that it was removed in the draft revision of the Labour Code. The Committee notes the Government’s statement that the concerns of the Committee have been taken into account in the revision of the Act issuing the Labour Code, even though the latter has not yet been promulgated. The Committee trusts that the Labour Code will be promulgated in the near future and that it will give full effect to the provisions of the Convention on the points recalled above. It requests the Government to provide a copy of the text as adopted.

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 3 of the Convention. Right of workers’ and employers’ organizations to organize their administration and activities. In its previous comments, the Committee drew the Government’s attention to the need to take measures to amend the following provisions of Act No. 008/PR/007, of 9 May 2007, regulating the exercise of the right to strike in public services.

• -section 11(3) of the Act, which imposes the obligation to declare the “possible” duration of a strike (the Committee recalls that trade unions should be able to call strikes of unlimited duration if they so wish); and
• -sections 20 and 21 of the Act, under which the public authorities have discretion to determine the minimum services and the number of officials and employees who will ensure their maintenance in the event of a strike in the services enumerated in section 19. In this regard, the Committee notes the conclusions and recommendation of the Committee on Freedom of Association in Case No. 3004 (see 375th Report), which emphasized the need to amend Act No. 008/PR/007 to ensure the determination of a minimum service in accordance with the principles of freedom of association and requested the Government to provide detailed information to the Committee of Experts. The Committee notes with regret that the Government confines itself in its report to indicating extremely briefly that measures have been adopted to take into account the Committee’s comments. In the absence of information from the Government, the Committee recalls that the maintenance of minimum services in the event of a strike should only be possible in certain situations, namely: (i) in services the interruption of which would endanger the life, personal safety or health of the whole of part of the population (or essential services “in the strict sense of the term”); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; or (iii) in public services of fundamental importance. Such a minimum service should meet at least two requirements: (i) it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the 2012 General Survey on the fundamental Conventions, paragraphs 136 and 137).

The Committee trusts that the Government will make every effort to adopt the necessary measures in the near future with a view to amending Act No. 008/PR/007 of 9 May 2007 in accordance with the principles recalled above.

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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. It also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2016, relating to: (i) the legal procedures governing the right to strike; (ii) cases of serious violations of trade union and fundamental rights; and (iii) the determination of essential services. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 3 of the Convention. Labour Code. In its previous comments, the Committee requested the Government to take measures to amend section 294(3) of the Labour Code, under the terms of which minors under 16 years of age may join a union, unless their father, mother or guardian objects, with a view to recognizing the trade union rights of minors who have reached the statutory minimum age to enter the labour market in accordance with the Labour Code (14 years), either as workers or apprentices, without the intervention of their parents or guardians. The Committee also drew the Government’s attention to the need to take the necessary measures to amend section 307 of the Labour Code, to ensure that monitoring by the public authorities of trade union finances does not go beyond the obligation of organizations to submit periodic reports. The Committee noted the Government’s indication that this provision has never been applied and that it was removed in the draft revision of the Labour Code. The Committee notes the Government’s statement that the concerns of the Committee have been taken into account in the revision of the Act issuing the Labour Code, even though the latter has not yet been promulgated. The Committee trusts that the Labour Code will be promulgated in the near future and that it will give full effect to the provisions of the Convention on the points recalled above. It requests the Government to provide a copy of the text as adopted.

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

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Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee recalls that its previous comments concerned the following provisions of Act No. 008/PR/007 of 9 May 2007 regulating the exercise of the right to strike in public services:

• -section 11(3) of the Act, which imposes the obligation to declare the “possible” duration of a strike. In this regard, the Committee notes the Government’s statement that in principle a strike comes to an end with the signature of an overall or partial agreement, which makes it impossible to determine its duration. However, the requirement to declare the duration was introduced for go-slows and similar industrial action, which constitute a strategy to weaken the position of the employer. In this regard, the Committee recalls that in all cases trade unions should be able to call strikes of unlimited duration if they so wish.
• -sections 20 and 21 of the Act, under which the Minister concerned has the discretion to determine the minimum services and the number of officials and employees who will ensure that such services are maintained in the event of a strike in the essential services enumerated in section 19. The Committee notes the Government’s indication that the list of essential public services in which requisitions may be made in the event of a strike is under revision. The Committee recalls that such a minimum service should meet at least two requirements: (1) it should genuinely and exclusively be a minimum service, limited to the operations that are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (2) as this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities.

The Committee trusts that the Government will take all the necessary measures to ensure that the above provisions of Act No. 008/PR/007 of 9 May 2007 are implemented in accordance with the principles recalled above, through the amendment of the Act or any other means. The Committee requests the Government to provide information on any further developments in this regard.

The Committee also notes that section 22(1) of the Act provides that any refusal by officials or employees to comply with requisition orders issued under sections 20 and 21 makes them liable to the penalties provided for in sections 100 and 101 of Act No. 017/PR/2001 issuing the general public service regulations. The Committee notes that these legislative provisions describe the degrees of disciplinary penalties to be imposed by order of gravity, but without indicating those which correspond to the different degrees of fault. The Committee requests the Government to indicate the penalties applicable, and which have been imposed, under section 22(1) of Act No. 008/PR/2007.

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The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2014. It notes the Government’s reply to the observations of the International Trade Union Confederation (ITUC) of 2012 and 2013.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. The Committee recalls that it requested the Government to take measures to amend section 294(3) of the Labour Code, under the terms of which minors under 16 years of age may join a union, unless their father, mother or guardian objects, with a view to guaranteeing the trade union rights of minors who have reached the statutory minimum age to enter the labour market in accordance with the Labour Code (14 years), either as workers or as apprentices, without the intervention of their parents or guardians.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee recalls that it requested the Government to take measures to amend section 307 of the Labour Code, and that the inspection by the public authorities of trade union finances should not go beyond the obligation of organizations to submit periodic reports. The Committee notes the Government’s indication that this provision has never been applied and that it is being removed in the draft amendment of the Labour Code.

The Committee trusts that the Government will take all the necessary measures to complete the revision of the Labour Code in the near future, and that it will give full effect to the provisions of the Convention on the matters recalled above. The Committee requests the Government to provide information on any new developments in this regard.

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Article 3 of the Convention. The Committee recalls that in its previous comments it referred to section 22(1) of Act No. 008/PR/007 of 9 May 2007 on regulations of the exercise of the right to strike in public services, which provides that any refusal by officials or employees to comply with requisition orders (sections 20 and 21) makes them liable to the penalties provided for in sections 100 and 101 of Act No. 017/PR/2001 issuing the general public service regulations (these legislative provisions describe the degrees of disciplinary penalties to be imposed by order of gravity, but without indicating to which fault they correspond). The Committee once again requests the Government to clarify the scope of penalties for contraventions of legal provisions and also requests it to indicate any other penalties that can be imposed for violations of Act No. 008/PR/2007 regulating the exercise of the right to strike in public services.

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The Committee notes the comments of the International Trade Union Confederation (ITUC) of 30 August 2013, which refer to matters of a legislative nature already raised by the Committee, as well as to the detention and prosecution of trade union leaders and members. The Committee requests the Government to provide its observations thereon, as well as on the ITUC’s 2012 allegations on the violent repression of demonstrations in the oil sector by the forces of order.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. For many years, the Committee has been requesting the Government to take the necessary measures to amend section 294(3) of the Labour Code, which provides that parents or guardians may oppose the right to organize of young persons under 16 years of age. The Committee notes the Government’s indication in its report that this matter is currently being revised in the context of a new Labour Code. The Committee trusts that the necessary measures will be taken to amend this provision with a view to guaranteeing the right to organize of minors who have reached the legal minimum age (14 years) for access to the labour market, either as workers or as apprentices, without the intervention from the parents or guardians.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee previously requested the Government to take measures to amend section 307 of the Labour Code, which provides that the accounts and supporting documents relating to the financial operations of trade unions shall be submitted without delay to the labour inspector, when so requested. The Committee recalls that the inspection by the public authorities of trade union finances should not go beyond the obligation of organizations to submit periodic reports. The Committee requests the Government to take the necessary measures to amend section 307 of the Labour Code so as to bring it into conformity with the Convention.

The Committee also recalls that it commented previously on the need to take measures to amend certain provisions of Act No. 008/PR/007 of 9 May 2007 regulating the exercise of the right to strike in public services. The Committee regrets that the Government has not provided its comments in this respect and once again requests it to take the necessary measures to amend the following provisions of the Act: (i) section 11(3), which imposes the obligation to declare the “possible” duration of a strike (the Committee recalls that trade unions should be able to call strikes of unlimited duration if they so wish); and (ii) sections 20 and 21, under which the minister concerned has the discretion to determine the minimum services and the number of officials and employees who will ensure that they are maintained.

The Committee expresses the firm hope that the Government, in full consultation with the most representative organizations of workers and employers, will take the necessary measures to bring the legislation into conformity with the Convention. The Committee requests the Government to provide information in its next report on any progress achieved in this regard.

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

Repetition

The Committee noted in its previous comments that, under section 294(3) of the Labour Code, parents or guardians may oppose the right to organize of young persons under 16 years of age. The Committee recalls once again that Article 2 of the Convention guarantees all workers, without distinction whatsoever, the right to establish and join organizations. The Committee once again expresses the firm hope that section 294(3) of the Labour Code will soon be amended to guarantee the right to organize to minors who have reached the legal minimum age (14 years) for access to the labour market, either as workers or apprentices, without parental or guardian authorization being necessary. The Committee urges the Government to provide information in its next report on all the measures adopted in this regard.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee has also noted on many occasions that, under section 307 of the Labour Code, the accounts and supporting documents relating to the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. Recalling once again that the inspection by the public authorities of trade union finances should not go beyond the obligation of organizations to submit periodic reports, the Committee trusts that the Government will take the necessary measures to amend section 307 of the Labour Code taking into account the abovementioned principle. The Committee also once again requests the Government to provide a copy of the instructions issued by the Director of Labour and Social Security with regard to the inspection of the financial transactions of trade unions.

With regard to Act No. 008/PR/07 of 9 May 2007 regulating the right to strike in public services, the Committee notes that section 19 gives a broad definition of essential services and includes radio and television broadcasting services and abattoirs. The Committee points out that the principle whereby the right to strike may be limited or even prohibited in essential services would lose all meaning if national legislation defined these services in too broad a manner. As an exception to the general principle of the right to strike, the essential services in which this principle may be entirely or partly waived should be defined restrictively: the Committee therefore considers that essential services are only those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159).

Furthermore, the Committee reiterates its comments on the following provisions of the Act:

• – Section 11(3) of the Act, which imposes the obligation to declare the “possible” duration of a strike. The Committee recalls that, under section 13(1), non-compliance with this condition would result in a strike being declared illegal. Recalling that trade unions should be able to call strikes of unlimited duration and considering that the legislation should be amended to this effect, the Committee requests the Government to indicate the measures adopted for this purpose.
• – Sections 20 and 21, under which the public authorities (the Minister concerned) have the discretion to determine the minimum services and the number of officials and employees who will ensure that they are maintained in the event of a strike in the essential services enumerated in section 19. In this respect, the Committee recalls once again that such a service should nevertheless meet at least two requirements: (1) firstly, and this aspect is paramount, it must genuinely and exclusively be a minimum service, that is one which is limited to the operations that are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (2) as this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 160 and 161). The Committee therefore once again requests the Government to amend the legislation to ensure that the minimum service is limited to the operations that are strictly necessary to avoid jeopardizing the life or normal living conditions of all or part of the population, that the workers’ organizations concerned are able to participate in defining such a service, along with the employers and the public authorities, and to indicate any progress achieved in this respect.
• – Section 22(1) of the Act, which provides that any refusal by officials or employees to comply with requisition orders (sections 20 and 21) makes them liable to the penalties provided for in sections 100 and 101 of Act No. 017/PR/2001 issuing the general public service regulations. In this regard, the Committee recalls that these legislative provisions describe the degrees of disciplinary penalties to be imposed by order of gravity, but without indicating those which correspond to the different degrees of fault. The Committee once again requests the Government to clarify the scope of penalties for contraventions of legal provisions and also requests it to indicate any other penalties that can be imposed for violations of Act No. 008/PR/2007 regulating the exercise of the right to strike in public services.

The Committee notes the International Trade Union Confederation’s (ITUC) comments of 4 August 2011 addressing legislative issues already raised by the Committee. The Committee notes with regret that the Government has not sent any response to the comments of 2009 and requests it to do so.

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

The Committee also requests the Government to provide its observations in relation to the comments made by the ITUC dated 31 July 2012, concerning the violent repression by the law enforcement authorities of a demonstration in the petroleum sector.

The Committee notes the comments made by the International Organisation of Employers (IOE) on the right to strike, in a communication dated 29 August 2012, which are dealt with in the General Report of the Committee.

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

Repetition

The Committee noted in its previous comments that, under section 294(3) of the Labour Code, parents or guardians may oppose the right to organize of young persons under 16 years of age. The Committee recalls once again that Article 2 guarantees all workers, without distinction whatsoever, the right to establish and join organizations. The Committee once again expresses the firm hope that section 294(3) of the Labour Code will soon be amended to guarantee the right to organize to minors who have reached the legal minimum age (14 years) for access to the labour market, either as workers or apprentices, without parental or guardian authorization being necessary. The Committee urges the Government to provide information in its next report on all the measures adopted in this regard.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee has also noted on many occasions that, under section 307 of the Labour Code, the accounts and supporting documents relating to the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. Recalling once again that the inspection by the public authorities of trade union finances should not go beyond the obligation of organizations to submit periodic reports, the Committee trusts that the Government will take the necessary measures to amend section 307 of the Labour Code taking into account the abovementioned principle. The Committee also once again requests the Government to provide a copy of the instructions issued by the Director of Labour and Social Security with regard to the inspection of the financial transactions of trade unions.

With regard to Act No. 008/PR/07 of 9 May 2007 regulating the right to strike in public services, the Committee notes that section 19 gives a broad definition of essential services and includes radio and television broadcasting services and abattoirs. The Committee points out that the principle whereby the right to strike may be limited or even prohibited in essential services would lose all meaning if national legislation defined these services in too broad a manner. As an exception to the general principle of the right to strike, the essential services in which this principle may be entirely or partly waived should be defined restrictively: the Committee therefore considers that essential services are only those the interruption of which would endanger the life, personal safety or health of the whole or part of the population (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 159).

Furthermore, the Committee reiterates its comments on the following provisions of the Act:

• – Section 11(3) of the Act, which imposes the obligation to declare the “possible” duration of a strike. The Committee recalls that, under section 13(1), non-compliance with this condition would result in a strike being declared illegal. Recalling that trade unions should be able to call strikes of unlimited duration and considering that the legislation should be amended to this effect, the Committee requests the Government to indicate the measures adopted for this purpose.
• – Sections 20 and 21, under which the public authorities (the Minister concerned) have the discretion to determine the minimum services and the number of officials and employees who will ensure that they are maintained in the event of a strike in the essential services enumerated in section 19. In this respect, the Committee recalls once again that such a service should nevertheless meet at least two requirements: (1) firstly, and this aspect is paramount, it must genuinely and exclusively be a minimum service, that is one which is limited to the operations that are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (2) as this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 160 and 161). The Committee therefore once again requests the Government to amend the legislation to ensure that the minimum service is limited to the operations that are strictly necessary to avoid jeopardizing the life or normal living conditions of all or part of the population, that the workers’ organizations concerned are able to participate in defining such a service, along with the employers and the public authorities, and to indicate any progress achieved in this respect.
• – Section 22(1) of the Act, which provides that any refusal by officials or employees to comply with requisition orders (sections 20 and 21) makes them liable to the penalties provided for in sections 100 and 101 of Act No. 017/PR/2001 issuing the general public service regulations. In this regard, the Committee recalls that these legislative provisions describe the degrees of disciplinary penalties to be imposed by order of gravity, but without indicating those which correspond to the different degrees of fault. The Committee once again requests the Government to clarify the scope of penalties for contraventions of legal provisions and also requests it to indicate any other penalties that can be imposed for violations of Act No. 008/PR/2007 regulating the exercise of the right to strike in public services.

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

The Committee notes the International Trade Union Confederation’s (ITUC) comments of 4 August 2011 addressing legislative issues already raised by the Committee. The Committee notes with regret that the Government has not sent any response to the comments of 2009 and requests it to do so.

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The Committee notes with regret that the Government’s report does not reply to the observations that it has been making for many years, nor to the comments received in 2008 from the International Trade Union Confederation (ITUC). The Committee notes the recent comments of the ITUC, dated 26 August 2009, referring, in addition to the legislative issues already raised before the Committee, to cases of harassment and infringement of the freedom of expression of trade union leaders. The Committee requests the Government to provide its observations on the new comments made by the ITUC. The Committee also notes the conclusions and the recommendations of the Committee on Freedom of Association in Case No. 2581 (see the 354th Report).

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations without previous authorization. The Committee noted in its previous comments that, under section 294(3) of the Labour Code, parents or guardians may oppose the right to organize of young persons under 16 years of age. The Committee recalls once again that Article 2 guarantees all workers, without distinction whatsoever, the right to establish and join organizations. The Committee once again expresses the firm hope that section 294(3) of the Labour Code will soon be amended to guarantee the right to organize to minors who have reached the legal minimum age (14 years) for access to the labour market, either as workers or apprentices, without parental or guardian authorization being necessary. The Committee urges the Government to provide information in its next report on all the measures adopted in this regard.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee has also noted on many occasions that, under section 307 of the Labour Code, the accounts and supporting documents relating to the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. Recalling once again that the inspection by the public authorities of trade union finances should not go beyond the obligation of organizations to submit periodic reports, the Committee trusts that the Government will take the necessary measures to amend section 307 of the Labour Code taking into account the abovementioned principle. The Committee also once again requests the Government to provide a copy of the instructions issued by the Director of Labour and Social Security with regard to the inspection of the financial transactions of trade unions.

With regard to Act No. 008/PR/07 of 9 May 2007 regulating the right to strike in public services, the Committee reiterates its comments, which concerned the following points:

–           Section 11(3) of the Act, which imposes the obligation to declare the “possible” duration of a strike. The Committee recalls that, under section 13(1), non-compliance with this condition would result in a strike being declared illegal. Recalling that trade unions should be able to call strikes of unlimited duration and considering that the legislation should be amended to this effect, the Committee requests the Government to indicate the measures adopted for this purpose.

–           Sections 20 and 21, under which the public authorities (the Minister concerned) have the discretion to determine the minimum services and the number of officials and employees who will ensure that they are maintained in the event of a strike in the essential services enumerated in section 19. In this respect, the Committee recalls once again that such a service should nevertheless meet at least two requirements: (1) firstly, and this aspect is paramount, it must genuinely and exclusively be a minimum service, that is one which is limited to the operations that are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (2) as this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 160 and 161). The Committee therefore once again requests the Government to amend the legislation to ensure that the minimum service is limited to the operations that are strictly necessary to avoid jeopardizing the life or normal living conditions of all or part of the population, that the workers’ organizations concerned are able to participate in defining such a service, along with the employers and the public authorities, and to indicate any progress achieved in this respect.

–           Section 22(1) of the Act, which provides that any refusal by officials or employees to comply with requisition orders (sections 20 and 21) makes them liable to the penalties provided for in sections 100 and 101 of Act No. 017/PR/2001 issuing the general public service regulations. In this regard, the Committee recalls that these legislative provisions describe the degrees of disciplinary penalties to be imposed by order of gravity, but without indicating those which correspond to the different degrees of fault. The Committee once again requests the Government to clarify the scope of penalties for contraventions of legal provisions and also requests it to indicate any other penalties that can be imposed for violations of Act No. 008/PR/2007 regulating the exercise of the right to strike in public services.

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The Committee notes the Government’s report and its reply to the comments from the International Trade Union Confederation (ITUC) dated 27 August 2007. The Committee recalls that these comments were concerned with acts of anti-union violence, particularly a number of demonstrating workers who were reportedly injured and one detained by the police for having asked their employer to comply with an arbitration award which recognized the violation of their rights. The Committee regrets that the Government categorically denies these allegations without indicating whether an investigation had been undertaken. In this regard, the Committee recalls that it has previously emphasized that, when disorders have occurred involving loss of human life or serious injury, the setting up of an independent judicial inquiry is a particularly appropriate method of fully ascertaining the facts, determining responsibilities, punishing those responsible and preventing the repetition of such actions (see General Survey on freedom of association and collective bargaining, 1994, paragraph 29). The Committee also notes the recent comment from the ITUC, dated 29 August 2008, regarding legislative matters which are already under examination and containing allegations of acts of interference from the Government in trade union affairs and also acts of intimidation and violence against strikers on 5 June 2007. The Committee requests the Government to send its observations concerning these new comments from the ITUC. The Committee also notes Case No. 2581 examined by the Committee on Freedom of Association, in the context of which serious violations of trade union rights are alleged (see 351st Report). The Committee reiterates that it has been making comments on the following points for a number of years.

Article 2 of the Convention. Right of workers and employers without distinction whatsoever to establish and join organizations without prior authorization. The Committee previously observed that, under section 294(3) of the Labour Code, fathers, mothers or guardians may oppose the right to organize of young persons under 16 years of age. The Committee recalls that Article 2 guarantees all workers, without distinction whatsoever, the right to establish and join organizations. The Committee expresses the firm hope that section 294(3) will soon be amended to guarantee the right to organize to minors who have reached the legal minimum age (14 years) for access to the labour market, either as workers or as apprentices, without parental or guardian authorization being necessary. The Committee requests the Government to provide information in its next report on all measures adopted in this regard.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee previously noted that section 307 of the Labour Code provides that the accounts and supporting documents relating to the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. The Committee notes that the Government indicates in this regard that the Labour Code indeed provides for inspecting the financial operations of trade unions but that in practice neither labour inspectors nor controllers perform this activity. The Committee reiterates once again that inspection by the public authorities of trade union finances should not go beyond the organizations’ obligation to submit periodic reports. The Committee requests the Government to take the necessary steps to amend section 307 of the Labour Code taking account of the abovementioned principle. The Committee also requests the Government once again to send copies of the instructions issued by the Director of labour and social security with regard to the inspection of the financial transactions of trade unions.

The Committee recalls that, in its previous comments, it requested the Government to take the appropriate measures to repeal or amend Decree No. 96/PR/MFPT/94 of 29 April 1994 in order to ensure full observance of the principles of freedom of association in the exercise of the right to strike in the public service. The Committee notes that the Government indicates that this Decree was repealed and replaced by Act No. 008/PR/07 of 9 May 2007 regulating the exercise of the right to strike in the public service. In this regard, the Committee raises the following points.

–      Section 11(3) of the Act imposes the obligation to declare the “possible” duration of a strike. However, the Committee notes that, under section 13(1), non-compliance with this condition would result in an illegal strike. The Committee recalls that trade unions should be able to declare strikes of unlimited duration and considers that the legislation should be amended to this effect. The Committee requests the Government to indicate the measures taken to this end.

–      The Committee notes that strikes are permitted in “essential” public services, as listed in section 19 of the Act, on condition that a minimum service is provided (section 18). The Committee notes that, under sections 20 and 21, it is the public authorities (the Minister concerned) who have the discretion to determine the minimum services and the number of officials and employees who will ensure that they are maintained. In this regard, the Committee recalls that such a service should meet at least two requirements. Firstly, and this aspect is paramount, it must genuinely and exclusively be a minimum service, i.e. one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear. Secondly, since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities. The parties might also envisage the establishment of a joint or independent body responsible for examining rapidly and without formalities the difficulties raised by the definition and application of such a minimum service and empowered to issue enforceable decisions (see General Survey, op. cit., paragraphs 160 and 161). The Committee therefore requests the Government to amend the legislation to ensure that the minimum service is limited to the operations which are strictly necessary to avoid jeopardizing the life or normal living conditions of all or part of the population, that the workers’ organizations concerned should be able to participate in defining such a service, along with the employers and the public authorities, and to indicate developments in this regard.

–      Section 22(1) provides that any refusal by officials or employees to comply with requisition orders (sections 20 and 21) makes them liable to the penalties provided for by sections 100 and 101 of Act No. 017/PR/2001 issuing the general public service regulations. In this regard, the Committee notes that these legislative provisions describe the degrees of disciplinary penalties imposed by order of gravity, but without indicating those which correspond to the different degrees of fault. The Committee requests the Government to clarify the scope of penalties for contraventions of legal provisions and also requests it to indicate any other penalties which can be imposed for violations of Act No. 008/PR/2007 regulating the exercise of the right to strike in the public service.

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The Committee notes the Government’s report. It notes the observations of 28 August 2007 from the International Trade Union Confederation (ITUC) referring to the situation of unionized workers in an enterprise in the petroleum sector already raised by the Committee in its previous observation. According to the ITUC, the security forces used violence against a protest by members of the Union of Trade Unions of Chad (UST) in the petroleum sector, there were reprisals against these workers (including dismissal of UST representatives), and the UST’s status as representative organization was withdrawn. The Committee reminds the Government that the rights of workers’ and employers’ organizations can be exercised only in a climate free from violence and from any kind of pressure or threat against the leaders and members of such organizations and that governments have a duty to enforce this principle. The Committee requests the Government to send its comments on these serious allegations in its next report.

In its earlier comments the Committee has raised the following matters.

Article 2 of the Convention. Right of workers and employers without distinction whatsoever to establish and join organizations without prior authorization. The Committee noted previously that, according to section 294(3) of the Labour Code, fathers, mothers or guardians may oppose the right to organize of young persons under the age of 16. In its report the Government indicates that section 294(3) should be amended in the course of the complete revision of the Labour Code and its alignment with the Uniform Act of the labour law of the OHADA and in the course of implementing the recommendations adopted following the Summit of the African Union on employment and poverty reduction. The Committee once again expresses the hope that section 294(3) of the Labour Code will shortly be amended to ensure that minors who have access to the labour market, whether as workers or apprentices, can exercise their right to organize without parental authorization. It asks the Government to indicate all progress made in this respect in its next report.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee noted previously that section 307 of the Labour Code continues to provide that the accounts and supporting documents for the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. It pointed out that the public authorities’ supervision of union finances should be confined to an obligation to submit periodic reports. In its report, the Government indicates that no labour inspectors have supervised the financial management of trade unions and, furthermore, the Director of Labour and Social Security has ordered all labour inspectors and heads of labour offices not to carry out such supervision pending amendment of section 307 of the Labour Code. The Committee requests the Government to send a copy of the instructions issued by the Director of Labour and Social Security on supervision of the financial transactions of trade unions, and to indicate in its next report the amendments made to section 307 of the Labour Code.

In previous comments, the Committee asked the Government to provide information on the application in practice of Decree No. 96/PR/MFPT/94 of 29 April 1994 regulating the exercise of the right to strike in the public service. As the Committee points out, this Decree provides for a conciliation and arbitration procedure prior to the calling of a strike, and a compulsory minimum service in certain public services the interruption of which would result in extremely serious disruption of the life of the community. The Committee has pointed out before that the restriction or prohibition of the right to strike should be confined to instances where public servants exercise authority in the name of the State or to essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or to acute national crises. Furthermore, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damage to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in other services which are of public utility. In its report, the Government indicates that the abovementioned Decree prompted such opposition that it has fallen into abeyance. It further indicates that a new draft decree to regulate the exercise of the right to strike in the public service – which will repeal the provisions of Decree No. 96/PR/MFPT/94 of 29 April 1994 – has been drafted and is currently under consideration by the Government. The Committee expresses the firm hope that the Government will take immediate measures to repeal or amend Decree No. 96/PR/MFPT/94 in order to ensure full observance of the principles of freedom of association in the exercise of the right to strike in the public service. It also asks the Government in its next report to send the implementing Decree (of 23 June 2003) of Act No. 017/PR/2001 issuing the General Public Service Regulations.

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The Committee notes the comments of 10 August 2006 by the International Confederation of Free Trade Unions (ICFTU) referring to legislative matters already under examination by the Committee and to the application of the Convention in practice. The ICFTU reports that numerous unionized workers of a petroleum company were the subject of arrests and violence in September 2005. The Committee requests the Government to send its comments on this matter.

The Committee also asks the Government, in the context of the regular reporting cycle, to send for examination at its next session to be held in November-December 2007, its comments on all the matters raised in the observation of 2005 (see 2005 observation, 76th Session).

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The Committee takes note of the Government’s report, but observes that it does not reply to some of the points raised in its previous comments.

1. Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations without previous authorization. Recalling that Article 2 gives all workers, without distinction whatsoever, the right to form and join organizations, the Committee noted previously that under section 294(3) of the Labour Code, fathers, mothers or guardians may oppose the right to organize of young persons under the age of 16. In its report of 2000, the Government said that section 294(3) was to be repealed when the enabling texts of the Labour Code were adopted. Noting that the Government’s last report provides no information on this matter, the Committee once again expresses the hope that section 294(3) will shortly be amended to guarantee the right to organize of young persons who are legally entitled to work, either as workers or apprentices, without parental authorization being necessary. The Committee requests the Government to provide information on any measures taken to this end.

2. Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee noted previously that section 307 of the new Labour Code continues to provide that the accounts and supporting documents for the financial transactions of trade unions must be submitted without delay to the labour inspector when so requested. In its previous reports, the Government indicated that the texts to implement the Labour Code should establish further provisions to govern such supervision, which could be carried out following a claim or a complaint by a trade unionist. While noting that, according to the Government, the labour inspector has never supervised the financial management of trade unions in this way, the Committee observes that the Government makes no mention of the implementing texts for the Labour Code referred to previously. The Committee points out that financial supervision of trade unions by the public authorities should be confined to the submission of periodic reports, and requests the Government to keep it informed on this matter and to send the implementing texts to be adopted on freedom of association.

The Committee requested the Government to provide information on the practical application of Decree No. 96/PR/MFPT/94 of 29 April 1994, regulating the right to strike in the public service. The Committee recalls that the Decree provides for a conciliation and arbitration procedure prior to the calling of a strike and for a compulsory minimum service in certain public services the interruption of which would result in extremely serious disruption of the life of the community. In its report for 2000, the Government stated that the Decree had met with strong opposition from trade union confederations and had therefore never been applied in practice. The Government also stated that the texts that were due to be issued under the Labour Code would expressly repeal the Decree. In its last report, the Government repeats that the Decree fell into abeyance as soon as it was published and that the Government is studying the possibility of repealing it expressly. The Committee expresses the firm hope that the Government will take the necessary measures in the near future to repeal or amend Decree  No. 96/PR/MFPT/94 and again requests the Government to provide copies of the Act of 31 December 2001 issuing the general conditions of service of the public service and its implementing Decree of 23 June 2003.

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

1. Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations without previous authorization. On several occasions, the Committee has requested the Government to amend Ordinance No. 27/INT/SUR of 28 July 1962 regulating associations, so as to guarantee that it does not apply to occupational organizations. This Ordinance contains several provisions on the establishment of associations and the supervision of their operation by the authorities; it makes the existence of associations subject to authorization by the Ministry of the Interior and confers upon the authorities broad supervisory powers over the administration of associations, under threat of administrative dissolution. The Committee noted that, in its 2000 report, the Government stated that, following the intercession of the Ministry of Public Service, Labour and Employment Promotion with the Ministry of the Interior, the 1962 Ordinance no longer in practice applies to trade union organizations. The Government also stated that all workers’ and employers’ organizations in the country recognize that this is indeed the case. While noting that the Labour Code does not provide for such authorization for trade unions, the Committee has always considered that it is desirable for occupational organizations to be explicitly excluded from the scope of the Ordinance to prevent them from falling within its scope of application, as was the case in the past. The Committee requests the Government to take the necessary measures for this purpose and to keep it informed thereof in its next report.

Recalling that all workers have the right to freedom of association, the Committee noted in previous comments that, under the terms of section 294(3) of the Labour Code, fathers, mothers or guardians may oppose the right to organize of young persons under the age of 16 years. The Committee emphasized that Article 2 guarantees all workers, without distinction whatsoever, the right to establish and join organizations. In its report in 2000, the Government indicated that section 294(3) is due to be repealed when the texts implementing the Labour Code are adopted. Noting that, by virtue of section 52 of the Labour Code, the minimum age for admission to employment is 14 years, the Committee hopes that subsection 3 of section 294 will be amended in the near future to guarantee the right to organize of young persons who are legally entitled to work, both as workers and as apprentices, without parental authorization being necessary. It requests the Government to supply copies of any implementing texts relating to freedom of association that are adopted.

2. Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee noted in previous comments that section 307 of the new Labour Code continues to provide that the accounts and supporting documents for the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. In this respect, the Government indicated in previous reports that the texts to be issued under the Labour Code should establish further provisions governing the conditions for such supervision, which could be carried out following a claim or a complaint by a trade unionist. The Committee trusts that the Government will take the necessary measures to provide effective guarantees of the right of occupational organizations to organize their administration without any interference by the public authorities, which involves, among other measures, ensuring that financial supervision is confined to an obligation to submit periodic financial reports and that any verification of accounts is limited to exceptional cases, such as the lodging of a complaint. It requests the Government to keep it informed in this respect in its next report and to indicate, in the event that the texts issued under the Labour Code have still not been adopted, the conditions under which supervision of the financial management of trade unions by labour inspectors is carried out in practice.

The Committee requested the Government to provide information on the application in practice of Decree No. 96/PR/MFPT/94 of 29 April 1994 issuing regulations respecting the exercise of the right to strike in the public service. The Committee recalls that this Decree provides for a conciliation and arbitration procedure prior to the calling of a strike and for a compulsory minimum service in certain public services the interruption of which would result in extremely serious disruption of the life of the community. In its report in 2000, the Government indicated that the above Decree had given rise to strong opposition by trade union confederations and that it had therefore never been applied in practice. The Government stated that the texts that are due to be issued under the Labour Code should explicitly repeal this Decree. The Committee wishes to recall that the right to strike may be restricted, or even prohibited, only in the case of public servants exercising authority in the name of the State or in essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or the health of the whole or part of the population. Furthermore, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in other services which are of public utility. The Committee requests the Government to provide copies of the texts of the Act of 31 December 2001 issuing the general conditions of service of the public service and its implementing Decree of 23 June 2003, and of any other text repealing or amending Decree No. 96/PR/MFPT/94, and to indicate the manner in which the right to strike is exercised in practice in the public service.

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

CMNT_TITLE

The Committee notes the Government’s report. It notes in this respect that the Government recalls that Chad has been living under a democratic regime since 1990 which guarantees freedom of expression and freedom of association. The Government refers in this respect to article 12 of the Constitution and section 294 of the Labour Code. However, the Committee observes that these general indications do not reply to the points that it made in previous comments, which are as follows.

1. Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations without previous authorization. On several occasions, the Committee has requested the Government to amend Ordinance No. 27/INT/SUR of 28 July 1962 regulating associations, so as to guarantee that it does not apply to occupational organizations. This Ordinance contains several provisions on the establishment of associations and the supervision of their operation by the authorities; it makes the existence of associations subject to authorization by the Ministry of the Interior and confers upon the authorities broad supervisory powers over the administration of associations, under threat of administrative dissolution. The Committee noted that, in its 2000 report, the Government stated that, following the intercession of the Ministry of Public Service, Labour and Employment Promotion with the Ministry of the Interior, the 1962 Ordinance no longer in practice applies to trade union organizations. The Government also stated that all workers’ and employers’ organizations in the country recognize that this is indeed the case. While noting that the Labour Code does not provide for such authorization for trade unions, the Committee has always considered that it is desirable for occupational organizations to be explicitly excluded from the scope of the Ordinance to prevent them from falling within its scope of application, as was the case in the past. The Committee requests the Government to take the necessary measures for this purpose and to keep it informed thereof in its next report.

Recalling that all workers have the right to freedom of association, the Committee noted in previous comments that, under the terms of section 294(3) of the Labour Code, fathers, mothers or guardians may oppose the right to organize of young persons under the age of 16 years. The Committee emphasized that Article 2 guarantees all workers, without distinction whatsoever, the right to establish and join organizations. In its report in 2000, the Government indicated that section 294(3) is due to be repealed when the texts implementing the Labour Code are adopted. Noting that, by virtue of section 52 of the Labour Code, the minimum age for admission to employment is 14 years, the Committee hopes that subsection 3 of section 294 will be amended in the near future to guarantee the right to organize of young persons who are legally entitled to work, both as workers and as apprentices, without parental authorization being necessary. It requests the Government to supply copies of any implementing texts relating to freedom of association that are adopted.

2. Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee noted in previous comments that section 307 of the new Labour Code continues to provide that the accounts and supporting documents for the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. In this respect, the Government indicated in previous reports that the texts to be issued under the Labour Code should establish further provisions governing the conditions for such supervision, which could be carried out following a claim or a complaint by a trade unionist. The Committee trusts that the Government will take the necessary measures to provide effective guarantees of the right of occupational organizations to organize their administration without any interference by the public authorities, which involves, among other measures, ensuring that financial supervision is confined to an obligation to submit periodic financial reports and that any verification of accounts is limited to exceptional cases, such as the lodging of a complaint. It requests the Government to keep it informed in this respect in its next report and to indicate, in the event that the texts issued under the Labour Code have still not been adopted, the conditions under which supervision of the financial management of trade unions by labour inspectors is carried out in practice.

The Committee requested the Government to provide information on the application in practice of Decree No. 96/PR/MFPT/94 of 29 April 1994 issuing regulations respecting the exercise of the right to strike in the public service. The Committee recalls that this Decree provides for a conciliation and arbitration procedure prior to the calling of a strike and for a compulsory minimum service in certain public services the interruption of which would result in extremely serious disruption of the life of the community. In its report in 2000, the Government indicated that the above Decree had given rise to strong opposition by trade union confederations and that it had therefore never been applied in practice. The Government stated that the texts that are due to be issued under the Labour Code should explicitly repeal this Decree. The Committee wishes to recall that the right to strike may be restricted, or even prohibited, only in the case of public servants exercising authority in the name of the State or in essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or the health of the whole or part of the population. Furthermore, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in other services which are of public utility. The Committee requests the Government to provide copies of the texts of the Act of 31 December 2001 issuing the general conditions of service of the public service and its implementing Decree of 23 June 2003, and of any other text repealing or amending Decree No. 96/PR/MFPT/94, and to indicate the manner in which the right to strike is exercised in practice in the public service.

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

The Committee recalls that its previous comments related to the following points.

1. Right to establish organizations without previous authorization. The Committee had requested the Government on several occasions to amend Ordinance No. 27/INT/SUR of 28 July 1962 regulating associations, which subjects the establishment of associations to the authorization of the Ministry of the Interior and confers extensive powers on the authorities to oversee the management of associations under penalty of administrative dissolution, which is contrary to Articles 2, 3 and 4 of the Convention. The Committee had noted that, in its last report, the Government stated in this respect that, following the intercession of the Ministry of the Public Service, Labour and Employment Promotion with the Ministry of the Interior, the Ordinance of 1962 no longer applies to trade union organizations. The Government stated that all the workers’ and employers’ organizations in the country recognize its non-application. Moreover, the Minister of Labour had expressed his concern at the failure up to the present to repeal this provision.

2. Right of organization of minors. While recalling that all workers have the right to freedom of association, the Committee had noted that under the terms of section 294(4) of the Labour Code, fathers, mothers or guardians may oppose the right to organize of minors under the age of 16 years. The Committee had emphasized that Article 2 of the Convention guarantees all workers, without distinction whatsoever, the right to establish and join organizations. In its last report, the Government had indicated that, due to the slowness of the administration, the texts to be issued under the Labour Code of 1996 had still not appeared. However, it stated that this provision should be eliminated when the texts to be issued under the Labour Code are adopted.

3. Supervision by the authorities of trade union assets. The Committee had noted that section 307 of the new Labour Code continues to provide that the accounts and supporting documents for the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. In this respect, the Government had indicated in its last report that the texts to be issued under the Labour Code on this point should establish further provisions on the conditions under which such controls may be carried out following a representation or complaint by a member of a trade union.

4. Right to strike in the public sector. The Committee had requested the Government to provide information on the application in practice of Decree No. 96/PR/MFPT/94 of 29 April 1994 issuing regulations concerning the exercise of the right to strike in the public service. In its last report, the Government stated that the above Decree, which gave rise to strong opposition by trade union confederations, had never been applied in practice. Once again, the Government stated that the texts which are due to be issued under the Labour Code should explicitly repeal this Decree.

The Committee had noted the Government’s explanations and hopes that the Government will take the necessary measures in the near future with a view to adopting the texts to be issued under the Labour Code of 1996, repealing Ordinance No. 27/INT/SUR of 1962, repealing or amending Decree No. 96/PR/MFPT/94 of 1994; and amending articles 307 and 294 of the Labour Code, in order to bring its legislation into full conformity with the provisions of the Convention. It requests the Government to indicate the measures taken in practice in this respect in its next report.

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

CMNT_TITLE

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

The Committee recalls that its previous comments related to the following points:

1.  Right to establish organizations without previous authorization.  The Committee had requested the Government on several occasions to amend Ordinance No. 27/INT/SUR of 28 July 1962 regulating associations, which subjects the establishment of associations to the authorization of the Ministry of the Interior and confers extensive powers on the authorities to oversee the management of associations under penalty of administrative dissolution, which is contrary to Articles 2, 3 and 4 of the Convention. The Committee notes with interest that, in its last report, the Government states in this respect that, following the intercession of the Ministry of the Public Service, Labour and Employment Promotion with the Ministry of the Interior, the Ordinance of 1962 no longer applies to trade union organizations. The Government states that all the workers’ and employers’ organizations in the country recognize its non-application. Moreover, the Minister of Labour has expressed his concern at the failure up to the present to repeal this provision.

2.  Right of organization of minors.  While recalling that all workers have the right to freedom of association, the Committee had noted that under the terms of section 294(4) of the Labour Code, fathers, mothers or guardians may oppose the right to organize of minors under the age of 16 years. The Committee had emphasized that Article 2 of the Convention guarantees all workers, without distinction whatsoever, the right to establish and join organizations. In its last report, the Government indicates that, due to the slowness of the administration, the texts to be issued under the Labour Code of 1996 have still not appeared. However, it states that this provision should be eliminated when the texts to be issued under the Labour Code are adopted.

3.  Supervision by the authorities of trade union assets.  The Committee had noted that section 307 of the new Labour Code continues to provide that the accounts and supporting documents for the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. In this respect, the Government indicates in its report that the texts to be issued under the Labour Code on this point should establish further provisions on the conditions under which such controls may be carried out following a representation or complaint by a member of a trade union.

4.  Right to strike in the public sector.  The Committee had requested the Government to provide information on the application in practice of Decree No. 96/PR/MFPT/94 of 29 April 1994 issuing regulations concerning the exercise of the right to strike in the public service. In its last report, the Government states that the above Decree, which gave rise to strong opposition by trade union confederations, has never been applied in practice. Once again, the Government states that the texts which are due to be issued under the Labour Code should explicitly repeal this Decree.

The Committee notes the Government’s explanations and hopes that the Government will take the necessary measures in the near future with a view to adopting the texts to be issued under the Labour Code of 1996, repealing Ordinance No. 27/INT/SUR of 1962, repealing or amending Decree No. 96/PR/MFPT/94 of 1994; and amending articles 307 and 294 of the Labour Code,  in order to bring its legislation into full conformity with the provisions of the Convention. It requests the Government to indicate the measures taken in practice in this respect in its next report.

CMNT_TITLE

The Committee notes the information contained in the Government's report and the responses provided to the comments made by the Confederation on Unions of Chad.

The Committee recalls its previous comments on the following points.

1. Right to establish organizations without previous authorization. The Committee had requested the Government, on several occasions, to amend Ordinance No. 27/INT/SUR of 28 July 1962 regulating associations, which subjects the establishment of associations to authorization by the Ministry of the Interior and confers extensive powers on the authorities to oversee the management of associations liable to administrative dissolution, which is contrary to Articles 2, 3 and 4 of the Convention.

2. Right of organization of minors. The Committee, recalling that all workers have the right to freedom of association, noted that, in accordance with section 294(4) of the Labour Code, fathers, mothers or guardians may oppose freedom of association for minors under the age of 16. The Committee emphasized that Article 2 of the Convention guarantees all workers, without distinction whatsoever, the right to establish and join organizations. The Committee had requested the Government to indicate the measures taken or envisaged to amend this provision in order to remove any constraints on the right to organize of minors.

3. Supervision by the authorities of trade union assets. The Committee noted that section 307 of the new Labour Code continues to provide that accounts and the supporting documents for the financial transactions of trade unions must be immediately submitted to the labour inspector, when so requested.

4. Right to strike in the public sector. The Committee again requests the Government to provide information in respect of the application in practice of Decree No. 96/PR/MFPT/94 of 29 April 1994 prohibiting the right to strike in the public sector.

The Committee notes that the Government has not commented on section 307(1), (2) and (4) and indicates only that section 307(3) of the Labour Code constitutes a public order provision from which no exemptions can be made.

The Committee emphasizes that the Act respecting associations must not be applicable to professional organizations such as trade unions, the Convention does not authorize any distinction based on the trade union membership of minors, that there is an infringement of the right of organizations to organize their management when the supervision of trade union assets by the authorities goes beyond a periodical control or when it gives rise to a complaint alleging the misappropriation of funds and that public servants who are exercising a function of authority in the name of the State can be denied the right to strike (see the General Survey on freedom of association and collective bargaining of 1994, paragraphs 68 to 76 and 156 to 158).

The Committee again requests the Government to amend sections 294 and 307 of the Labour Code to bring them into greater conformity with the Convention and to provide information on the application of the Decree of 1994 respecting the exercise of the right to strike in the public sector.

Finally, the Committee again requests the Government to amend Ordinance No. 27/INT/SUR of 28 July 1962 respecting associations which contains several provisions, which are not in conformity with the Convention with regard to the establishment of organizations and the supervision of their activities by the authorities in order to ensure that the Ordinance does not apply to trade unions.

The Committee requests the Government to indicate in its next report the measures which have been taken to bring its legislation into conformity with the Convention.

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1. Right to strike in the public service. The Committee again requests the Government to keep it informed of the outcome of the arbitration procedure concerning Decree No. 96/PR/MFPT/94 of 29 April 1994 containing regulations on the right to strike in the public service. The Committee also requests it to provide information on the application in practice of this Decree, if it has been used in the period covered by the report.

2. Right of organization of minors. Recalling that all workers have the right to freedom of association, the Committee, having noted the Labour Code, observes that under section 294(4) of the Code, fathers, mothers or guardians may oppose freedom of association for minors under the age of 16. The Committee recalls that Article 2 of the Convention guarantees all workers, without distinction whatsoever, the right to establish and to join organizations. The Committee requests the Government to indicate the measures taken or envisaged in order to amend this provision and to remove any obstacle to the right to organize of minors.

3. Supervision by the authorities of trade union assets. Referring to its previous comments concerning the power of the authorities to supervise trade union assets, the Committee notes that section 307 of the new Labour Code still provides that the accounting and receipts concerning financial matters of trade unions have to be submitted without delay to the labour inspector, if he so requests, and that the new section 306 refers to section 308.

The Committee requests the Government to consider amending these provisions in order to bring them into greater conformity with the Convention, in adding, for instance, as it had indicated in its report on the application of Convention received by the Office in 1992, "for periodical controls or in the case of a complaint by a trade union member".

In addition, the Committee has noted the observations made by the Trade Union Confederation of Chad (CST) on the new Labour Code and requests the Government to provide it with any information it considers to be appropriate in this regard.

CMNT_TITLE

Referring to its previous comments, the Committee notes with satisfaction the contents of the new Labour Code enacted on 11 December 1996, which (1) revokes Ordinance No. 30 of 26 November 1975 suspending all strike action and Ordinance No. 001/CSM of 8 January 1976 prohibiting public employees and assimilated workers from exercising the right to organize; (2) lifts the ban on all political activity by trade unions; and (3) reduces the length of residence in the country required for foreigners able to participate in trade union administration or management.

The Committee expresses the firm hope that, in accordance with the assurances previously given by the Government, Ordinance No. 27/INT/SUR of 28 July 1962 on associations will shortly be amended to ensure that it does not apply to trade unions.

In addition, the Committee is addressing a direct request to the Government on certain points.

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The Committee asks the Government to keep it informed of the outcome of the appeal concerning Decree No. 096/PR/MFPT/94 of 29 April 1994 issuing regulations on the exercise of the right to strike in the public service.

CMNT_TITLE

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

In its previous comments, the Committee had asked the Government specifically to repeal several texts and to amend others;

- Ordinance No. 30 of 26 November 1975 suspending all strike action;

- Ordinance No. 001/CSM of 8 January 1976 prohibiting public employees and assimilated workers from exercising the right to organize;

- section 36(2) of the Labour Code banning all political activity by unions;

- Ordinance No. 27 INT/SUR of 28 July 1962 regulating associations, which the Government used to obstruct the formation of a union; and

- section 41(a) of the Labour Code subjecting eligibility to trade union office to seven years' residence in Chad.

The Committee notes with satisfaction the contents of the Constitution adopted by referendum on 31 March 1996, which establishes freedom of association and the right to strike and provides expressly that unions may be dissolved only by judicial procedure (sections 28, 29 and 30).

The Committee also notes the Government's assurances in its report that it has just adopted a new Labour Code and will be submitting it to Parliament for final adoption.

In particular, the Committee notes with interest that, according to the Government, Ordinances Nos. 30 and 001/CSM of 1975 and 1976 are expressly repealed by section 508 of the new Code, that section 36(2) of the 1966 Labour Code banning all political activity by trade unions is abolished by section 297 of the new Code and that section 300 of the new Code reduces the length of residence in Chad required for foreigners to participate in the administration or management of a union to five years.

The Committee also notes with interest that a draft amendment to Ordinance No. 27 INT/SUR of 28 July 1962 on associations, to the effect that it does not apply to trade union organizations has been submitted to the Ministry of the Interior and Security.

The Committee asks the Government to provide information on progress made in its next report and to send in the near future all the above texts, which align the legislation more closely with the Convention.

CMNT_TITLE

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

In its reply to the general observation of 1992, the Government indicates that only citizens of Chad or foreigners who have resided in the country for seven years and are covered by a reciprocity clause are eligible for trade union office. The Committee considers that the Government should make its legislation more flexible to allow organizations to elect their officers freely and to allow foreign workers to be eligible for trade union office at least after a reasonable period of residence in the country, and that seven years is clearly not a reasonable period.

The Committee trusts that the Government will shortly adopt provisions enabling the Convention to be better applied and asks the Government to report on any developments in these matters.

CMNT_TITLE

The Committee notes the Government's report.

1. Right to establish organizations without previous authorization. The Committee notes with interest the Government's statement to the effect that the establishment, organization and functioning of trade union organizations are not governed by Ordinance No. 27/INT/SUR of 28 July 1962 regulating associations, but by the Labour Code (Act No. 7/66 of 4 March 1966). The Government adds that occupational trade unions have henceforth only to submit their by-laws in order to commence functioning and that supervision by the authorities is carried out subsequently, without bringing into question the existence of the trade unions. Moreover, the trade unions do not need to comply with the requirements of declaration and authorization by the Ministry of the Interior for their operation. In order to dispel any ambiguity in this respect, the Committee requests the Government to amend Ordinance No. 27 of 28 July 1962 regulating associations in order to lay down specifically that it does not apply to trade unions. It requests the Government to provide information in its next report on the measures taken in this respect.

2. Limitation of the right to strike. With regard to the question of repealing Ordinance No. 30 of 36 November 1975 suspending all strike action and Ordinance No. 001 of 8 January 1976 prohibiting public employees and workers whose status is assimilated to theirs from exercising the right to strike, the Committee notes the Government's assurances that the texts to repeal these Ordinances have been prepared and that their adoption is only a matter of time. The Committee also notes that Decree No. 096/PR/MFPT/94 of 29 April 1994, issuing regulations governing the right to strike in the public service, has been submitted to the judgement of the competent authorities and that the Government undertook in a communiqué dated 2 June 1994 to comply with their judgement. The Decree establishes a conciliation and arbitration procedure prior to the calling of a strike, as well as compulsory minimum service in certain public services, the interruption of which would result in extremely serious disruption of the life of the community, particularly in respect of financial services, hospital services, postal and telecommunication services, television and radio, the central services of the Ministry of Foreign Affairs and Cooperation and the inter-prefectoral labour inspection services.

Emphasizing that the right to strike is an intrinsic corollary of the right to organize that is protected by the Convention, the Committee wishes to recall that it can only be restricted in exceptional cases; restrictions, or even prohibition, should be limited to public servants exercising authority in the name of the State, to essential services in the strict sense of the term, namely those the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in cases of acute national crisis (see General Survey on freedom of association and collective bargaining, 1994, paragraph 159). With regard to other services which are of public utility where an outright ban on strikes cannot be justified, the Committee is of the opinion that a negotiated minimum service may be established provided that it is genuinely and exclusively a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, and that workers' organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see the General Survey, op. cit., paragraph 161). The Committee trusts that all measures adopted to give effect to the right to strike will take into account the principles of freedom of association and requests the Government to provide it with a copy of any decision that is made concerning appeals brought before the competent authorities. In addition, the Committee once again urges the Government to transmit the texts repealing the above Ordinances of 1975 and 1976 as soon as they are adopted.

3. Prohibition of any political activity by trade unions (section 36 of the Labour Code of 1966) and the obligation to have been resident in Chad for seven years in order to be elected to trade union office (section 41). The Committee notes the Government's statement to the effect that a satisfactory response will be found in the draft Labour Code with regard to the prohibition of all political activity by trade unions. The Government adds that in the draft Labour Code it has lowered the period of residence required for foreigners to be able to take responsibility for the administration or direction of a trade union. On the first point, the Committee recalls that the development of the trade union movement and its broader recognition as a fully-fledged social partner make it necessary for workers' organizations to be able to express their views on political problems in the broad sense, and particularly to be able to make public their opinions on the Government's social and economic policy. On the second point, with regard to the possibility for foreigners to be able to accede to trade union office, the Committee considers that the national legislation should allow foreign workers to have access to these functions, at least after a reasonable period of residence in the host country. The Committee urges the Government to take the necessary measures to bring its legislation into full conformity with the requirements of the Convention and the principles of freedom of association by amending sections 36(2) and 41 of the Labour Code, so as to lift the ban on all political activity by trade unions and to reduce the period of residence required before foreigners can have access to trade union office. It also requests the Government to transmit the text of the new Labour Code when it is adopted.

[The Government is asked to provide full particulars to the Conference at its 83rd Session.)]

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

The Committee notes the information supplied by the Government in its report and the conclusions of the Committee on Freedom of Association in Case No. 1592 which drew the Government's attention to the need to ensure that workers are entitled to form organizations of their own choosing without prior authorization and without being subject to a background investigation, in accordance with the requirements of the Convention. In its previous comments, the Committee asked the Government to repeal specifically: -- Ordinance No. 30 of 26 November 1975 suspending all strike action throughout the country; -- Ordinance No. 001 of 8 January 1976 prohibiting public and similar employees from exercising the right to organize; and -- section 36(2) of the Labour Code prohibiting all political activity by trade unions. The Government indicates in its report that the provisions in question have been repealed by section 29 of the National Charter of March 1991 and by section 10 of Ordinance No. 015/PR/1986 issuing the general conditions of service of the public service which grants public servants the right to strike within the provisions of the law. The Government none the less assures the Committee that it has submitted to the competent authority two draft ordinances to repeal the Ordinances of November 1975 and January 1976, but does not provide a copy of them. It also indicates that the draft Labour Code which was being prepared has not yet been adopted. The Committee notes with regret that the Government has not yet adopted the amendments which it requested, and again urges the Government to provide with its next report the texts repealing the two above-mentioned Ordinances and the text of section 36 of the Labour Code. Furthermore, the Committee considers, as does the Committee on Freedom of Association, that it is necessary to amend or repeal the provisions of Ordinance No. 27 INT/SUR of 28 July 1962 regulating associations which the Government relied on in the case of the complainant trade union in Case No. 1592. This Ordinance requires prior authorization to be obtained from the Ministry of the Interior in order to form an association subject to a prison sentence of from one month to one year (sections 5 and 6), allows the immediate administrative dissolution of an association (section 8) and empowers the administrative authorities to oversee the funds of associations (section 11). The Committee asks the Government to indicate in its next report the measures that have been taken to ensure that these provisions, which are contrary to the requirements of the Convention, are not applicable to trade unions. The Committee is also addressing a direct request to the Government concerning other matters.

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With reference to its previous comments on the need to amend the draft Labour Code so as to ensure the adoption of provisions that are in keeping with the principles of freedom of association regarding the right to strike and the unduly broad powers of supervision of the competent authorities over trade union assets, the Committee takes due note of the assurances in the Government's report that, in order to take account of the Committee's comments, it plans to limit the conciliation period for collective disputes to ten days, to provide that a strike that is initiated after an arbitration award has been challenged shall not give rise to the termination of work contracts and to limit cases in which supervision of trade union assets may be required to complaints made by trade union members.

Furthermore, in its reply to the general observation of 1992, the Government indicates that only citizens of Chad or foreigners who have resided in the country for seven years and are covered by a reciprocity clause are eligible for trade union office. The Committee considers that the Government should make its legislation more flexible to allow organizations to elect their officers freely and to allow foreign workers to be eligible for trade union office at least after a reasonable period of residence in the country, and that seven years is clearly not a reasonable period.

The Committee trusts that the Government will shortly adopt provisions enabling the Convention to be better applied and asks it to report on any developments in these matters.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report and the conclusions of the Committee on Freedom of Association in Case No. 1592 which drew the Government's attention to the need to ensure that workers are entitled to form organizations of their own choosing without prior authorization and without being subject to a background investigation, in accordance with the requirements of the Convention.

In its previous comments, the Committee asked the Government to repeal specifically:

- Ordinance No. 30 of 26 November 1975 suspending all strike action throughout the country;

- Ordinance No. 001 of 8 January 1976 prohibiting public and similar employees from exercising the right to organize; and

- section 36(2) of the Labour Code prohibiting all political activity by trade unions.

The Government indicates in its report that the provisions in question have been repealed by section 29 of the National Charter of March 1991 and by section 10 of Ordinance No. 015/PR/1986 issuing the general conditions of service of the public service which grants public servants the right to strike within the provisions of the law. The Government none the less assures the Committee that it has submitted to the competent authority two draft ordinances to repeal the Ordinances of November 1975 and January 1976, but does not provide a copy of them. It also indicates that the draft Labour Code which was being prepared has not yet been adopted.

The Committee notes with regret that the Government has not yet adopted the amendments which it requested, and again urges the Government to provide with its next report the texts repealing the two above-mentioned Ordinances and the text of section 36 of the Labour Code.

Furthermore, the Committee considers, as does the Committee on Freedom of Association, that it is necessary to amend or repeal the provisions of Ordinance No. 27 INT/SUR of 28 July 1962 regulating associations which the Government relied on in the case of the complainant trade union in Case No. 1592. This Ordinance requires prior authorization to be obtained from the Ministry of the Interior in order to form an association subject to a prison sentence of from one month to one year (sections 5 and 6), allows the immediate administrative dissolution of an association (section 8) and empowers the administrative authorities to oversee the funds of associations (section 11).

The Committee asks the Government to indicate in its next report the measures that have been taken to ensure that these provisions, which are contrary to the requirements of the Convention, are not applicable to trade unions.

The Committee is also addressing a direct request to the Government concerning other matters.

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1. In its previous comments, the Committee drew the Government's attention to the fact that the draft Labour Code did not contain specific provisions recognising the right to strike of workers (except for sections 431(4) and 433(7) in a very restrictive and allusive manner) and that the procedure for the settlement of industrial disputes did not appear to give workers the possibility of going on strike.

The Committee notes the information supplied in its report by the Government, which states that it is ready to take into account the comments made by the Committee of Experts but emphasises that, in the national context of Chad, the use of wild-cat strikes, which have occurred on several occasions, harms the economy. Furthermore, the Government states that it is not prohibited to call a strike but that this must follow the exhaustion of procedures for the settlement of disputes.

In this connection, the Committee points out that it has always admitted that the right to strike may be suspended while the parties have not attempted to reach a solution through settlement procedures such as conciliation, mediation or voluntary arbitration. However, such procedures should not be so cumbersome as to render a lawful strike impossible in practice (see the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee notes that in the draft Labour Code the calling of a strike appears to be prohibited during the dispute settlement procedure and that no maximum period for conciliation and arbitration appears to be set, which is liable unduly to delay a settlement of the dispute. Furthermore, the draft Labour Code appears ambiguous concerning the possibility for workers to call a strike, even after the completion of the dispute settlement procedures since, firstly, section 433(6) lays down in its second paragraph that the arbitration award is binding, while section 433(7) sets out that any appeal that may be made against the arbitration award would not suspend employees from exercising the right to strike. In these circumstances, the Committee requests the Government to take steps to adopt provisions that are in conformity with the principles of freedom of association and to keep it informed of the measures that have been taken or are contemplated in this respect.

2. In its previous direct request, the Committee noted that section 312(7), second paragraph, of the draft Labour Code, appeared to confer upon the competent authorities broad powers of supervision over trade union assets.

The Committee notes the Government's explanations in its report according to which the public authorities have never supervised trade union finances. The Government indicates, however, that if the Prosecutor of the Republic or the labour inspector requested financial reports from trade unions that would be based on valid reasons for supervision, such as requests by trade unionists that were unsatisfied with the financial administration of their organisation.

While agreeing with the Government's analysis on this point, the Committee is, however, of the opinion that the provision in the draft Labour Code, in its present wording, may facilitate interference by the administrative authorities (the labour inspectorate) in the financial administration of organisations. The Committee therefore considers that this provision could be amended to provide, for example, for periodic controls and the possibility of investigations if irregularities are found during these controls or if complaints are made from within the trade unions. This change would be in line with the comments made by both the Government and the Committee.

The Committee would be grateful if the Government would inform it of the measures that have been taken or are contemplated in this respect.

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The Committee notes the Government's statements in its report and the comments of the National Labour Union of Chad (UNST) of 16 May 1989. It notes with interest the adoption of the new Constitution, which was enacted by Decree No. 1.036/PR/89 of 20 December 1989. The new Constitution guarantees in section 66 the right to organise and repeals in section 213 any previous provision which run counter to this right. According to the Government, this constitutional guarantee implicitly repeals the legislative texts referred to in the Committee's comments, namely: Ordinance No. 30 of 26 November 1975 suspending all strike action throughout the country; Ordinance No. 001 of 8 January 1976 prohibiting public and similar employees from exercising the right to organise; section 36(2) of the Labour and Social Welfare Code which prohibits all political activity by trade unions.

While noting these statements, the Committee observes, however, that this provision of the Constitution lays down that the right to organise shall be exercised in accordance with the law. In order to avoid any dispute of a legal nature, the Committee considers that it is necessary explicitly to repeal the above texts and welcomes the fact that, according to the comments submitted by the National Labour Union of Chad, a decision has been taken, following discussions with the Government, to repeal them. In these circumstances, the Committee requests the Government to supply copies of the texts repealing these instruments in its next report.

Furthermore, in this new context, the Committee requests the Government to indicate in its next report whether the draft Labour Code, formulated with the technical assistance of the ILO, and the draft Ordinance issuing the general conditions of service of the public service - sections 9 to 11 of which concern trade union rights - have been adopted and, if so, to supply copies of the texts published in the Official Journal.

As regards the question of the right to strike, the Committee notes that, according to the Government, this right has been re-established by the implicit repeal of the Ordinance of 1975. In this connection, the Committee is addressing a direct request to the Government concerning the provisions of the draft Labour Code respecting the procedure for the settlement of industrial disputes and the right to strike.

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The Committee notes that section 302.7 of the draft Labour Code, which is based on the provisions of section 47 of the Labour and Social Welfare Code, obliges trade union organisations to submit forthwith their books and supporting documents to the Prosecutor of the Republic or to the labour inspector at their request.

The Committee emphasises that the right of workers' organisations to organise their administration (Article 3 of the Convention) implies in particular that supervision of union finances should not normally go beyond a requirement for the organisation to submit periodic financial returns (in this connection, see paragraph 188 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee therefore requests the Government to ensure that this provision, which confers broad powers on the competent authorities for the supervision of union finances, is applied within the limits permitted in its General Survey of 1983. It requests the Government to supply information on the practical effect given to this provision, particularly if it has already been used, and the circumstances in which it has been applied.

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The Committee notes the Government's report and recalls that its comments concerned the following points:

- the need to repeal Ordinance No. 001 of 8 January 1976 prohibiting public and similar employees from exercising the right to organise;

- the need to repeal or amend section 36 of the Labour Code, prohibiting the trade unions from all political activity;

- the need to repeal Ordinance No. 30 of 26 November 1975 suspending all strikes throughout the country.

In its previous observation the Committee requested information from the Government on the progress achieved in the revision of legislative texts that was undertaken in order to implement fully the Convention.

The Committee indeed noted the assurances given by the Government that Ordinance No. 001 of 8 January 1976 would be repealed. It also noted that the draft Labour Code, formulated with the technical assistance of the ILO, would remove the prohibition on trade unions from participating in political activities and repeal Ordinance No. 30 of 26 November 1975. It drew the Government's attention, however, to the fact that the above draft did not contain provisions granting the right to strike to workers (except for sections 431-4 and 433-7 in a very restrictive and allusive manner) and that the procedure for settling industrial disputes did not appear to give workers the possibility of calling a strike.

In its report the Government indicates that the competent authorities have still not examined the texts that are to repeal these Ordinances and that the new labour legislation will contain provisions making it possible for workers to call strikes.

The Committee notes this information with interest and points out that the Convention applies to all workers, without distinction whatsoever, with the exception of the armed forces and the police (Article 9 of the Convention), and that the right of workers to call a strike is one of the essential means available to them to defend their interests (Article 10) and to organise their activities ( Article 3) and can only be restricted, following the failure of conciliation procedures, in services whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis (in this connection, see paragraphs 214 and 226 of the 1983 General Survey on Freedom of Association and Collective Bargaining).

The Committee once again expresses the firm hope that the legislation to give full effect to the Convention will be adopted in the near future and it requests the Government to indicate any progress achieved in this respect in its next report.