Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee recalls that, further to its urgent appeal in 2020, it was bound to examine the application of the Convention in 2021 in the absence of information from the Government. The Committee notes the first report provided by the Government since 2007 on the application of the Convention and encourages it to provide information regularly from now on concerning the application of this fundamental Convention.

Article 4 of the Convention. Collective bargaining. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) concerning the repeated refusal to recognize various unions, namely the Workers’ Federation of Equatorial Guinea (UST), the Independent Service Union (SIS), the Teachers’ Trade Union Association (ASD) and the Rural Workers’ Organization (OTC), and the lack of a legal framework for the development of collective bargaining. In this regard, it emphasized once again that the existence of freely established trade unions is a prerequisite for the application of the Convention. The Committee notes the Government’s indications relating to the establishment of a Legislative Commission and a General Directorate of Legislative Regulation, which are currently working on the amendment of the Act on General Labour Regulation, the Action on Inspections and the Act on Trade Unions and Collective Labour Relations, and its hopes that it will soon be possible to discuss these texts with the social partners and share them with the ILO. The Committee also notes the Government’s statement that it regrets that it has not been possible to register the organizations referred to above due to administrative problems and hopes that, despite the fact that their applications have expired under the legislation that is in force, it will be possible to set in motion new procedures under the current legislation. The Committee once again urges the Government to take the necessary measures without delay to create appropriate conditions for the establishment of trade unions that are able to engage in collective bargaining with a view to regulating terms and conditions of employment. The Committee also urges the Government once again to proceed without delay to the registration of the trade unions referred to above which, when they have fulfilled the legal requirements, once again apply for registration, and to provide information on this matter in its next report.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes the Government’s statement that, despite the fact that the Special Act on the Right to Organize of Employees in the Public Administration has not yet been approved, important administrative measures are being adopted with a view to the adoption of legislation on this matter in the near future, and that public employees who are not public servants are already covered by the Act on Trade Unions, the general labour regulations and other labour legislation for the defence of their rights. The Committee also notes the Government’s statement that it will soon request ILO technical assistance for the various areas of the world of work. The Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and urges the Government to adopt the necessary legislative measures to guarantee the right to organize of workers in the public administration and to provide detailed information on the application of the Convention in respect of public servants who are not engaged in the administration of the State.

Application of the Convention in practice. The Committee notes the Government’s indication that it does not have available information on the existence of collective agreements in the country, where the only workers’ trade union, the Trade Union of Small-scale Farmers (OSPA), is limited in its operation and only represents the farming sector, but that it hopes to be able to provide this information in the near future.

Emphasizing with concern the existence of serious shortcomings in compliance with the Convention, the Committee urges the Government to adopt in the near future the measures necessary to enable workers, in law and practice, to bargain collectively their conditions of work through freely established trade union organizations. Taking due note of the Government’s intention to continue to avail itself of ILO technical assistance, the Committee trusts that the Government will be able to provide information in the near future on substantial progress in the application of the Convention.