Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sao Tome and Principe (Ratification: 1992)

The Committee notes the Government’s report.

Articles 1 and 2 of the Convention. In its previous direct request the Committee had asked the Government to indicate what sanctions may be imposed against acts of anti-union discrimination and interference. The Committee notes the Government’s indication that legislation does not provide for sanctions. In this respect, the Committee requests the Government to take the necessary measures in the very near future with a view to adopting appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference by employers in trade union organizations, in conformity with the provisions of the Convention. The Committee asks the Government to provide information in this respect in its next report.

Article 4. In its previous direct request the Committee took note of a draft law on the rules governing collective bargaining and considered that in general terms its provisions comply with the Convention. In this respect, the Committee notes the Government’s information that the draft law is still before the Assembly of the Republic. In these circumstances, the Committee requests the Government once again to provide clarifications on the conciliation procedure mentioned in the draft law (duration, possibility of collective action once the conciliation procedure has been completed) (section 14 of the draft) and to inform it in its next report whether the draft law has been adopted.

Furthermore, the Committee notes the Government’s indication that civil servants are able to bargain collectively on their conditions of work. The Committee requests the Government to indicate the legislation applicable and to send a copy of the relevant provisions.