Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Gambia (Ratification: 2000)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Minimum membership requirement. In its previous comments, the Committee had noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)). It had further noted that the Government was proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers and therefore requested it to provide information on any developments in this respect. The Committee notes with  regret  that the Government reiterates that it does not intend to reduce this threshold, since during a workshop on the draft Labour Bill, consensus would have been reached among the tripartite constituents to keep the minimum membership requirement to register a trade union at enterprise level at 50.  Recalling that a minimum membership requirement of 50 workers may hinder the establishment of organizations, especially in small enterprises, the Committee once again requests the Government to consider reviewing section 96(4)(a) of the Labour Act so as to lower the minimum membership requirement, in particular for the establishment of unions at the enterprise level.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee had noted that the Labour Act of 2007 did not reflect the Committee’s concerns: (i) with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)); and (ii) that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). The Committee had also noted with regret that the Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). It further noted the Government’s indication that following a recent seminar, efforts were on the way to amend some areas, including section 104(1)(b) of the Labour Act. The Committee takes note of the Government’s indication that given that the Labour Act is still under review, stakeholders, including trade unions, could consider this matter. The Government also indicates that the draft Trade Union Bill has taken into account all the aforementioned issues. The Committee requests the Government to provide further information on the way in which these issues have been taken into consideration in the draft Trade Union Bill and to provide specific information on any developments to amend sections 104(1)(b), 104(2)(b) and 104(7)(c) of the Labour Act so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances; that the substance and procedure of such verifications is subject to judicial review; and that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

In its previous comments, the Committee had noted that section 140(1) of the Labour Act defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee recalled that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in other public services which are of fundamental importance rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see the 2012 General Survey on the fundamental Conventions, paragraph 131), and the Committee had therefore requested the Government to indicate the measures taken or envisaged in this regard. The Committee had previously noted with concern the Government’s statement that the definition of essential services remained the same and that there was no prescribed procedure designating a particular service as essential, while indicating that the Labour Act had already been reviewed and was being finalized by the Ministry of Justice. The Committee notes that in its supplementary report the Government indicates that, in its view, radio services are essential because they allow access to timely information, which could be lifesaving, particularly during the current pandemic, in which people living in rural areas rely on information broadcast on the radio for following the safety precautions set by the Ministry of Health. While acknowledging the Government’s concerns, the Committee recalls that, rather than imposing an outright ban on strikes, concerns to ensure that such basic informational needs are met can be addressed through a system of minimum services (see the 2012 General Survey on the fundamental Conventions, paragraph 136). The Committee therefore reiterates its request to review the list of essential services in light of the foregoing, as part of the ongoing review of the Labour Act and firmly hopes that the Government will make every effort to take the necessary action in the near future.

The Committee expects that, in the context of finalizing the review of the Labour Act of 2007, the Government will take the necessary measures to bring the legislation into conformity with the Convention in line with the preceding comments, and requests it to provide information on any developments, including a copy of the revised Labour Act and the Trade Union Act once adopted.