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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Equatorial Guinea (Ratification: 2001)

1. Article 4 of the Convention. Collective bargaining. The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) dated 10 August 2006 which, in particular, allege that the authorities and employers determine wages without consulting workers or engaging in negotiations. The Committee considers that the comments are related to its previous observation in which it noted the absence of trade unions and recalled that the existence of trade unions is a prerequisite for the application of the provisions of Article 4 of the Convention. Under these conditions, the Committee once again requests the Government to adopt the necessary measures without delay to create appropriate conditions for the establishment of trade unions and to provide information on any measure adopted in this regard in the context of the regular reporting cycle.

2. The Committee also recalls that in its previous observation it referred to section 6 of Act No. 12/1992 of 1 October 1992 on trade unions and collective labour relations, which provides that the organization of officials of the public administration shall be regulated by a special Act and that the Act has not yet been adopted. The Committee requests the Government, in the context of the regular reporting cycle, to indicate whether the special Act has been adopted and ensures the right to organize of public officials, and to provide detailed information on the application of the Convention with regard to public officials who are not engaged in the administration of the State.