Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sao Tome and Principe (Ratification: 1992)

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. The Committee recalls that for a number of years it has been requesting the Government to take the necessary measures for the adoption of appropriate legislation which imposes sufficiently effective and dissuasive sanction against acts of anti-union discrimination and acts of interference against trade union organizations, in accordance with the provisions of the Convention. Noting with regret that the Government limits itself to mention that, in practice, other laws are resorted to in order to compensate the mentioned legislative lacuna, the Committee requests once again the Government to take the necessary measure so as to ensure that the legislation contains specific and effective provisions concerning anti-union discrimination and interference. The Committee asks the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. Absence of a legal framework for the exercise of the right to collective bargaining and absence of collective bargaining in practice. In its previous comments, the Committee had noted that the right to collective bargaining is recognized in Act No. 5/92, but is not the subject of legal regulation, and that the adoption of a bill on the legal framework for collective bargaining has been pending for several years.

The Committee notes with regret that, in contrast with its previous reports, the Government affirms that there is no bill being elaborated in this respect. Recalling that, in its previous observation, the Committee has also expressed concern at the absence of collective agreements in the country, the Committee highlights that the absence of a legal framework can hamper the exercise of the right to collective bargaining. The Committee therefore requests the Government to take all the necessary measures, both in law and practice, to encourage and promote the development and utilization of collective bargaining. The Committee reminds the Government that it can avail itself of technical assistance from the Office in relation to the various matters raised and trusts that it will be able to note the progress in the near future.