Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Equatorial Guinea (Ratification: 2001)

The Committee notes that the Government’s report has not been received. It notes the comments from the International Trade Union Confederation (ITUC) dated 28 August 2007 concerning legislative issues which are under examination and denouncing once again the administrative authority’s refusal to register a number of trade unions, including the Trade Union of Workers of Equatorial Guinea (UST), the Independent Services Union (SIS), the Teachers’ Trade Union Association (ASD) and the Agricultural Workers’ Organization (OTC). The Committee recalls that it noted that, owing to the lack of a trade union tradition, there were still no workers’ unions operating in the country. The Committee expresses its concern at the circumstances described above and reminds the Government that, under the provisions of Article 2 of the Convention, all workers without distinction shall have the right to establish trade union organizations of their own choosing. The Committee requests the Government to register without delay the trade union organizations the registration of which was refused and keep it informed of the measures taken or envisaged to ensure that workers are able to establish organizations of their own choosing.

With reference to its previous comments, the Committee recalls that it asked the Government to:

–      amend section 5 of Act No. 12/1992, which provides that sectoral employees’ organizations shall bring together employees of two or more enterprises engaged in similar activities, so as to allow the establishment of enterprise trade unions;

–      amend section 10 of Act No. 12/1992, which provides that for an occupational association to obtain legal personality it must, inter alia, have 50 employees as a minimum, in order to reduce the number of workers required to a reasonable level;

–      confirm that, as a result of the revision of the Fundamental Act in 1995 (Act No. 1 of 1995), the right to strike is recognized in public utilities and is exercised in the conditions laid down by law;

–      provide information on the services deemed to be essential, and on how the minimum services to be ensured are determined;

–      state whether public servants who do not exercise authority in the name of the State enjoy the right to strike.

The Committee requests the Government to take the necessary steps to amend the legislation in order to bring it into full conformity with the provisions of the Convention and reply to the requests for information. The Committee requests the Government to keep it informed of all measures taken in this respect. Finally, the Committee points out to the Government that it may seek technical assistance from the Office.

[The Government is asked to supply full particulars to the Conference at its 97th Session and to reply in detail to the present comments in 2008.]