Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Gambia (Ratification: 2000)

The Committee notes the Government’s report.

The Committee further notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 10 August 2006 concerning issues already raised and in particular indicates that civil servants cannot form unions.

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization.

Prison officers and domestic workers. The Committee had previously noted that section 2(2)(c) and (d) of Labour Act No. 12 of 1990 (the Act) excluded from its scope the prison service and domestic workers and requested the Government to indicate the provisions which guarantee prison staff and domestic servants the right to establish and join organizations of their own choosing. The Committee notes the Government’s indication that according to section 3(3), the Secretary of State can extend the scope of the Act to include prison officers, civil servants and domestic servants. In view of this, the reporting committee will advise the relevant authorities to make the necessary changes in the draft bill to cover the abovementioned categories of workers. The Committee requests the Government to keep it informed of the developments in this respect.

Civil service. The Committee had also noted that the civil service was excluded from the scope of the Act by virtue of section 2(2)(a) and that public officers were subject to the General Orders and the Public Service Act and Regulations. It had requested the Government to indicate the specific legislative provisions which guaranteed the right of public servants to establish and join organizations of their own choosing. The Committee notes the Government’s indication that neither the General Orders nor the Public Services Act guarantees the freedom of association rights to public servants. The Government points out, however, that article 25 of the Gambian Constitution guarantees the right of every citizen (including public servants) to freedom of speech, conscience, assembly, association and movement. Moreover, the Labour Bill of 2005 had also been modified to that effect (sections 107 and 108). The Committee hopes that the Labour Bill is amended so as to provide for the right of civil servants to establish and join organizations of their own choosing.

Registration of trade unions. 1. The Committee had further noted that section 128(4)(a) of the Act established a minimum membership requirement of 50 workers for the registration of a trade union. Considering this requirement excessively high, the Committee had requested the Government to amend section 128(4)(a) so as to lower it. The Committee notes the Government’s indication that this recommendation was put before a tripartite body and was discussed with the consultant for the draft bill, but the concession was to maintain the same requirement. Considering that a minimum membership requirement of 50 workers may hinder the establishment of organizations, particularly at the enterprise level, the Committee requests the Government to amend section 128(4)(a) so as to reduce it to a reasonable level. It requests the Government to keep it informed of the measures taken or envisaged in this respect.

2. The Committee notes with interest that according to the Government, sections 128(2) and 142 of the Act, which provided for registration of trade unions on the one hand, and of “efficient” trade unions on the other, were amended so as to repeal the reference to “trade unions registered as efficient”.

3. The Committee had previously requested the Government to amend section 131(4) of the Act so as to eliminate the restrictions to the right of appeal against a registrar’s decision denying registration and to enable appeals from the moment of the registrar’s decision. The Committee notes the Government’s indication that an amendment in this respect is provided for in section 98(3) and 99(1) of the new Labour Bill.

4. The Committee had also requested the Government to amend section 131(1)(f) of the Act so as to eliminate the requirement of previous authorization for the establishment of organizations, the members of which are engaged in more than one trade or occupation. The Committee notes that according to the Government, section 98(1)(2) of the new Labour Bill provides for some amendments pertaining to the requirement of previous authorization.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous direct request, the Committee had requested the Government: (1) to amend section 135, so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances and that the substance and procedure of such verifications is subject to judicial review; (2) to amend sections 135(2)(b) and 137(7)(c), so as to ensure that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues; and (3) to consider taking measures to promote the provision of check-off facilities for all registered unions. The Committee notes that according to the Government, the new Labour Bill has no adequate amendments in this respect. However, the reporting committee would advise the appropriate authorities to make the necessary changes. The Committee hopes that the new Bill would take into account its previous comments and requests the Government to keep it informed of developments in this regard.

Finally, the Committee had noted that essential services were defined in section 3 of the Act as services, which, if interrupted, would be likely to endanger the life or health of the community or a substantial part thereof and requested the Government to provide any relevant texts designating services as essential and to indicate how this determination was made. The Committee notes the Government’s indication that there is no provision relating to designation of essential services in the new Labour Bill. However, the reporting committee will draw the attention of the appropriate authorities to this omission. The Committee requests the Government to keep it informed of developments in this regard.

The Committee requests the Government to transmit a copy of the new Labour Bill.