Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Comoros (Ratification: 1978)

The Committee notes the information supplied by the Government in its report, the comments made by the Union of Independent Organizations of Comorian Workers (USATC) and the Government’s reply thereto.

With reference to its previous comments on the embryonic state of collective bargaining in both the private and public sectors in the country, the Committee notes the information supplied by the Government to the effect that it has understood and accepts the importance of trade unionism in the various occupational sectors. The Committee also notes the Government’s observation that the Comorian trade union movement is beginning to form and that several meetings have taken place between the Government and the unions which have led to the conclusion of Memoranda of Understanding.

The Committee notes, however, the comments by the USATC to the effect that in Comoros there exists one collective agreement concluded in 1961. There are also a few agreements between sector unions and their respective employers arising out of specific disputes; however, these agreements are generally not effective. The Government replies that the initiative for collective bargaining must come first and foremost from the social partners in the enterprise. It nonetheless hopes that collective bargaining, tripartism and social dialogue will be strengthened once the Higher Council for Labour and Employment (CSTE) is operating effectively. The Government explains in this connection that, despite the adoption of Decree No. 94-047/PM of 3 August 1994 on the organization and operation of the CSTE, the latter is still not operational because the Government has been unable to meet the material and technical costs of organizing its meetings. Noting the Government’s statement that it would appreciate assistance from the ILO, the Committee points out to the Government that the Office’s technical assistance is at the disposal of national authorities and recommends that the Government makes the necessary arrangements with the Office.

The Committee is bound to reiterate the importance it attaches to Article 4 of the Convention which stipulates that, where necessary, measures must be taken to promote the voluntary negotiation of collective agreements between employers’ and workers’ organizations. It again asks the Government to keep it informed of the outcome of all Memoranda of Understanding or collective agreements and expresses the hope that in its next report it will be able to note that significant progress has been made in this area.