Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Sao Tome and Principe (Ratification: 1992)

The Committee regrets to note that it has not received the Government’s report. It observes that the World Confederation of Labour (WCL) and the General Union of Workers of Sao Tome and Principe (UGT-STP) sent comments on the application of the Convention. The Committee requests that the Government send its observations in this regard.

The Committee recalls that for many years it has been making comments on the need for the Government to take steps to amend the following provisions of Act No. 4/92 which refer to the following issues:

–      the majority required for calling a strike is too high (section 4 of Act No. 4/92);

–      with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (paragraph 4 of section 10 of Act No. 4/92);

–      the hiring of workers to perform essential services in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92);

–      compulsory arbitration for services which are not deemed essential (postal, banking and loans services) (section 11 of Act No. 4/92).

The Committee reiterates its request to the Government to take steps to amend the above legislative provisions, in order to bring the legislation into conformity with the Convention and to inform it in its next report of any measures adopted in this regard.

Finally, the Committee once again asks the Government to state whether public employees have the right to organize and to indicate the applicable legislation in this matter and whether federations and confederations are able to exercise the right to strike.