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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Dominica (Ratification: 1983)

Article 3 of the Convention. Right of organizations freely to organize their activities and to formulate their programmes. The Committee recalls that it has been referring, for a number of years, to the need to amend legislation so as to exclude the banana, citrus and coconut industries as well as the port authority, from the schedule of essential services annexed to Act No. 18 of 1986 on industrial relations, which makes it possible to stop a strike in these sectors by compulsory arbitration. The Committee recalls that the right to strike may be restricted or prohibited only for public servants exercising authority in the name of the State or in essential services in the strict sense of the term (that is, services the interruption of which would endanger the life, personal safety or health of the whole or part of the population). Nevertheless, the Committee recalls that in order to avoid damages which are irreversible or out of proportion to the occupational interests of the parties to the dispute, as well as damages to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in services which are of public utility rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160).

The Committee had also requested the Government to amend sections 59(1)(b) and 61(1)(c) of the Act that empowers the minister to refer disputes to compulsory arbitration if they concerned serious issues in his or her opinion. The Committee recalls that compulsory arbitration to end a collective labour dispute and a strike is acceptable only if it is at the request of both parties involved in a dispute, or if the strike in question may be restricted or prohibited (as mentioned above, i.e. for public servants exercising authority in the name of the State or in essential services in the strict sense of the term).

The Committee notes that the Government indicates that there has been no change in the legislation or practice since its last report.

In these circumstances, the Committee requests the Government once again to take the necessary measures to amend the legislation to bring it into conformity with the principles of freedom of association. The Committee further requests the Government to indicate in its next report any evolution in this respect.