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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Equatorial Guinea (Ratification: 2001)

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The Committee has been commenting for a number of years on the need for the Government to bring labour legislation into conformity with the Convention and, in its 2020 observation, it urged the Government to provide a full reply in that respect. In particular, the Committee requested the Government to: (i) amend section 5 of Act No. 12/1992 on trade unions and collective labour relations so that enterprise trade unions may be established; (ii) amend section 10 of Act No. 12/1992 so as to reduce the minimum number of workers required for an occupational association to obtain legal personality; (iii) confirm that, as a result of a revision of the Fundamental Act in 1995 (Act No. 1 of 1995), the right to strike is recognized in public utilities and the manner in which this right is exercised; (iv) provide information on the services deemed to be essential and the minimum services to be ensured, as provided for in section 37 of Act No. 12/1992; and (v) provide information on whether public servants who do not exercise authority in the name of the State enjoy the right to strike, in accordance with section 58 of the Fundamental Act. The Committee notes the Government’s information that the Ministry of Labour, Employment Promotion and Social Protection has set up a Legislative Committee and a General Directorate for Regulations with a view to updating social labour legislation, and that work is currently being carried out to amend the Act on the general labour regulations, the Act on inspections and Act No. 12/1992 on trade unions and collective labour relations, based on the comments and observations of the ILO supervisory bodies; and that the Government hopes that shortly the texts will be discussed with the social partners and shared with the ILO. While welcoming the Government’s information, the Committee urges the Government to, as soon as possible and in consultation with the social partners, and the technical assistance of the Office, bring the legislation into conformity with the Convention.

Furthermore, the Committee noted the comments of the International Trade Union Confederation (ITUC) in 2011 on the application of the Convention and the persistent refusal to register various trade unions, namely the Trade Union of Workers of Equatorial Guinea (UST), the Independent Services Union (SIS), the Teachers’ Trade Union Association (ASD) and the Agricultural Workers’ Organization (OTC). The Committee notes the Government’s indication that it regrets that those organizations have not been able to register due to administrative problems and hopes that, even though their applications may have expired under the current law, they can initiate new processes in conformity with the current legislation. Taking due note of this information and regretting to note that time has lapsed without the organizations being able to be registered, the Committee urges the Government to provide information relating to these organizations, indicating whether it has been possible to proceed with their registration.