Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes with regret that it has not received the Government’s report. The Committee also notes that the Conference Committee on the Application of Standards regretted not being able to examine the case of the application of the Convention by Equatorial Guinea due to the fact that the Government was not represented at the Conference.

Article 2 of the Convention. The Committee notes the comments made by the International Trade Union Confederation (ITUC), dated 29 August 2008, to the effect that there is no provision protecting workers against acts of anti-union discrimination. The Committee observes nevertheless that Act No. 12/1992 establishes protection against such acts.

Article 4. Collective bargaining. The Committee notes that the comments made by the ITUC refer once again to the impossibility of establishing any trade union organization which the authority considers to be “too independent”. In 2004, the Government pointed out in its report that there were no trade unions in the country due to a lack of trade union tradition. The Committee emphasizes once again that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention and for exercising the right to collective bargaining. The Committee urges the Government to adopt without delay the necessary measures to create appropriate conditions for the establishment of trade unions which can engage in collective bargaining with a view to regulating conditions of employment.

The Committee also recalls that in its previous observation it noted that section 6 of Act No. 12/1992 on trade unions and collective labour relations provides that the organization of officials of the public administration shall be regulated by a special Act and that the Act had not yet been adopted. The Committee requests the Government once again to indicate whether the special Act has been adopted and ensures public officials’ right to organize, 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.

The Committee hopes that the Government will send a detailed report for examination next year in the context of the regular reporting cycle, and that this report will contain full information on the matters raised.

Finally, the Committee expresses the firm hope that the Government will take all the measures within its power, without delay, to renew constructive dialogue with the ILO. Furthermore, it urges the Government to seek technical assistance from the Office to ensure full application of the Convention.