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

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

The Committee notes with regret that the Government’s report has not been received.

Article 4 of the Convention. Collective bargaining. The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 26 August 2009, which refer once again to the impossibility of establishing any trade union organization which the authority considers to be “too independent”. The Committee recalls that in 2004 the Government indicated in its report that there were no trade unions in the country owing to the lack of a 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 take the necessary steps without delay for creating appropriate conditions for the establishment of trade unions which can engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to bargain collectively. The Committee notes that, according to the comments made by the ITUC, the right of workers in the public service to establish trade unions has still not been recognized by law, despite the fact that section 6 of Act No. 12/1992 on trade unions and collective labour relations provides that the right to organize of officials in the public administration shall be regulated by a special law. The Committee requests the Government once again to state whether the special law has been adopted, whether this law guarantees public servants’ right to organize, and to send detailed information on the application of the Convention with regard to public servants who are not engaged in the administration of the State.

The Committee infers from the above that the situation concerning collective bargaining is a source of concern and reminds the Government once again that it may seek technical assistance from the Office with regard to these issues. Finally, observing that the Conference Committee on the Application of Standards noted with regret at the 2008 session that it had been unable 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, the Committee expresses the firm hope that the Government will make every effort without delay to renew a constructive dialogue with the ILO.