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

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

The Committee notes with regret that the Government’s report does not reply to its previous comments. It must therefore repeat its earlier direct request, which addressed the following points.

The Committee had noted 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 noted the information supplied by the Government to the effect that it understood and accepted the importance of trade unionism in the various occupational sectors. The Committee also noted the Government’s observation that the Comorian trade union movement was beginning to form and that several meetings had taken place between the Government and the unions which led to the conclusion of memoranda of understanding.

The Committee noted, however, the comments by the USATC to the effect that in Comoros there existed one collective agreement concluded in 1961. There were also a few agreements between sector unions and their respective employers arising out of specific disputes; however, these agreements were generally not effective. The Government replied that the initiative for collective bargaining must come first and foremost from the social partners in the enterprise. It nonetheless hoped that collective bargaining, tripartism and social dialogue would be strengthened once the Higher Council for Labour and Employment (CSTE) was operating effectively. The Government explained 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 was still not operational because the Government had 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 pointed out to the Government that the Office’s technical assistance was at the disposal of national authorities and recommended that the Government made the necessary arrangements with the Office.

The Committee notes from the Government’s report that, thanks to technical assistance from the Office, the CSTE conducted a revision in September 2001. The Committee can but reiterate the importance it attaches to Article 4 of the Convention which stipulates that, when necessary, measures must be taken to promote the voluntary negotiation of collective agreements between employers’ and workers’ organizations. It once again asks the Government to keep it informed of the signing of all memoranda of understanding or collective agreements and expresses the hope that the next report of the Government will show that significant progress has been made.

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