Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Malta (Ratification: 1965)

The Committee notes with regret that no observation was provided by the Government on the comments submitted by the International Confederation of Free Trade Unions (ICFTU) in 2006, presently known as the International Trade Union Confederation (ITUC), particularly on account of some allegations reference to death threats against leaders of the General Workers Union (GWU). In this respect, the Committee recalls the Government that death threats against trade unionists create an environment of fear and have inevitable repercussions on the exercise of trade union activities, and that it should carry out inquiries into allegations of this kind.

Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. In its previous comments, the Committee had requested the Government to clarify whether, under the terms of sections 74 of the Employment and Industrial Relations Act 2002 (EIRA), compulsory arbitration before the Industrial Tribunal could still be imposed over disputes of interest. The Committee had also requested information on the number of strikes and the incidents of recourse to the Minister’s power to refer disputes to the Industrial Tribunal at the request of only one party. The Committee notes the Government’s explanation to the effect that, where a trade dispute exists or is apprehended, the parties to the dispute may agree to refer the dispute to the Director of Industrial and Employment Relations or to a conciliator chosen by the parties themselves or by the Director; thus the mechanism is purely voluntary. It is only where the parties choose to resort to conciliation, and the conciliator reports a deadlock, that the Director refers the matter to the Minister for eventual referral to the Industrial Tribunal. Furthermore, the Government indicates that in 2007, five strikes were resolved through mediation and not through recourse to the Industrial Tribunal.

While noting this information, the Committee observes, nevertheless, that under section 74(1) and (3) of the Employment and Industrial Relations Act, where conciliation fails, any of the parties to the dispute may notify the Minister who in turn may refer the dispute to the Tribunal for settlement.

Further noting the information given by the Government that the Employment and Industrial Relations Act 2002 will be under review for possible amendment, the Committee requests the Government to ensure that due consideration is given, within this exercise, to amending section 74(1) and (3) of that law so that arbitration may not be imposed unless both parties agree. The Committee requests the Government to indicate any developments in this regard.