Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Belize (Ratification: 1983)

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3 of the Convention. Compulsory arbitration.In its previous comments, the Committee requested the Government to amend the Settlement of Disputes in Essential Services Act 1939 (SDESA), which empowers the authorities to refer a collective dispute to compulsory arbitration to prohibit a strike or to terminate a strike in the banking sector, civil aviation, port authority, postal services, social security scheme and the petroleum sector, i.e. services that are not essential in the strict sense of the term. The Committee notes with regret the Government’s indication that the SDESA has not been amended. The Committee therefore reiterates its long-standing request and urges the Government to provide information on the steps taken, in consultation with the social partners, to amend the Schedule to the SDESA in order to ensure that compulsory arbitration or a prohibition on strikes is permitted only in services that are essential in the strict sense of the term – that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3 of the Convention. Compulsory arbitration.In its previous comments, the Committee requested the Government to amend the Settlement of Disputes in Essential Services Act 1939 (SDESA), which empowers the authorities to refer a collective dispute to compulsory arbitration to prohibit a strike or to terminate a strike in the banking sector, civil aviation, port authority, postal services, social security scheme and the petroleum sector, i.e. services that are not essential in the strict sense of the term. The Committee notes with regret the Government’s indication that the SDESA has not been amended. The Committee therefore reiterates its long-standing request and urges the Government to provide information on the steps taken, in consultation with the social partners, to amend the Schedule to the SDESA in order to ensure that compulsory arbitration or a prohibition on strikes is permitted only in services that are essential in the strict sense of the term – that is those the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 3 of the Convention. Compulsory arbitration. The Committee recalls that in its previous comments it had requested the Government to amend the Settlement of Disputes in Essential Services Act 1939 (SDESA), as amended on several occasions, which empowers the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in services that cannot be considered essential in the strict sense of the term, including the banking sector, civil aviation, port authority, postal services, social security scheme and the petroleum sector. The Committee notes with regret from the information provided by the Government that while the Schedule to the SDESA was amended twice in 2015, the long-standing comments of the Committee were not addressed. Instead, the two amendments expanded the field of application of the SDESA and added to its Schedule the “port services involving the loading or unloading of a ship’s cargo”, which are also services that do not constitute essential services in the strict sense of the term – that is those the interruption of which would endanger the life, personal safety or health of the whole of part of the population. The Committee requests the Government to amend the Schedule to the SDESA so as to permit compulsory arbitration or a prohibition on strikes only in services that are essential in the strict sense of the term, and to provide information on all progress made in this regard.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3 of the Convention. Compulsory arbitration. The Committee recalls that in its previous comments it had requested the Government to amend the Settlement of Disputes in Essential Services Act 1939 (SDESA), as amended on several occasions, which empowers the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in services that cannot be considered essential in the strict sense of the term, including the banking sector, civil aviation, port authority, postal services, social security scheme and the petroleum sector. The Committee notes with regret from the information provided by the Government that while the Schedule to the SDESA was amended twice in 2015, the long-standing comments of the Committee were not addressed. Instead, the two amendments expanded the field of application of the SDESA and added to its Schedule the “port services involving the loading or unloading of a ship’s cargo”, which are also services that do not constitute essential services in the strict sense of the term – that is those the interruption of which would endanger the life, personal safety or health of the whole of part of the population. The Committee requests the Government to amend the Schedule to the SDESA so as to permit compulsory arbitration or a prohibition on strikes only in services that are essential in the strict sense of the term, and to provide information on all progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3 of the Convention. Compulsory arbitration. The Committee recalls that in its previous comments it had requested the Government to amend the Settlement of Disputes in Essential Services Act 1939 (SDESA), as amended on several occasions, which empowers the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in services that cannot be considered essential in the strict sense of the term, including the banking sector, civil aviation, port authority, postal services, social security scheme and the petroleum sector. The Committee notes with regret from the information provided by the Government that while the Schedule to the SDESA was amended twice in 2015, the long-standing comments of the Committee were not addressed. Instead, the two amendments expanded the field of application of the SDESA and added to its Schedule the “port services involving the loading or unloading of a ship’s cargo”, which are also services that do not constitute essential services in the strict sense of the term – that is those the interruption of which would endanger the life, personal safety or health of the whole of part of the population. The Committee requests the Government to amend the Schedule to the SDESA so as to permit compulsory arbitration or a prohibition on strikes only in services that are essential in the strict sense of the term, and to provide information on all progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 3 of the Convention. Compulsory arbitration. The Committee recalls that in its previous comments it had requested the Government to amend the Settlement of Disputes in Essential Services Act 1939 (SDESA), as amended on several occasions, which empowers the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in services that cannot be considered essential in the strict sense of the term, including the banking sector, civil aviation, port authority, postal services, social security scheme and the petroleum sector. The Committee notes with regret from the information provided by the Government that while the Schedule to the SDESA was amended twice in 2015, the long-standing comments of the Committee were not addressed. Instead, the two amendments expanded the field of application of the SDESA and added to its Schedule the “port services involving the loading or unloading of a ship’s cargo”, which are also services that do not constitute essential services in the strict sense of the term – that is those the interruption of which would endanger the life, personal safety or health of the whole of part of the population. The Committee requests the Government to amend the Schedule to the SDESA so as to permit compulsory arbitration or a prohibition on strikes only in services that are essential in the strict sense of the term, and to provide information on all progress made in this regard.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments made in 2013. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 3 of the Convention. Compulsory arbitration. In its previous observation, the Committee noted the Government’s indication that, in the context of the process of reviewing labour legislation, the Labour Advisory Board (LAB) recommended that the Schedule to the Settlement of Disputes in Essential Services Act 1939 (SDESA) be amended so as to exclude from the list of services considered essential in the strict sense of the term, in respect of which the authorities may submit collective disputes to compulsory arbitration, and prohibit or bring an end to a strike: (i) the civil aviation and airport security services (AIPOAS); (ii) monetary and financial services (banks, treasury, Central Bank of Belize); (iii) the PAO Authority (pilots and security services); (iv) postal services; (v) the Social Security Scheme administered by the Social Security Board; and (vi) services through which petroleum products are sold, transported, loaded or unloaded.

The Committee notes the Government’s indication in its report that the LAB has concluded its review and that the Ministry of Labour will submit to the Attorney-General’s Office the corresponding legal instructions, including the dissenting views expressed during the tripartite discussions. The Committee welcomes the tripartite initiatives in the process of discussing the amendment of the legislation and requests the Government to provide information in its next report on any developments in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2014 and 1 September 2016, which are of a general nature.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

The Committee notes the Government’s reply to the 2011 comments of the International Trade Union Confederation (ITUC), and particularly the information on the establishment of the Southern Workers’ Union (SWU), which represents workers in the shrimp, banana and citrus sectors and which, together with the Belize Workers’ Union (BWU), has developed a strategic plan to organize workers in export processing zones (EPZs). The Committee also notes the comments made by the ITUC in 2013.

Article 3 of the Convention. Compulsory arbitration. In its previous observation, the Committee noted the Government’s indication that, in the context of the process of reviewing labour legislation, the Labour Advisory Board (LAB) recommended that the Schedule to the Settlement of Disputes in Essential Services Act 1939 (SDESA) be amended so as to exclude from the list of services considered essential in the strict sense of the term, in respect of which the authorities may submit collective disputes to compulsory arbitration, and prohibit or bring an end to a strike: (i) the civil aviation and airport security services (AIPOAS); (ii) monetary and financial services (banks, treasury, Central Bank of Belize); (iii) the PAO Authority (pilots and security services); (iv) postal services; (v) the Social Security Scheme administered by the Social Security Board; and (vi) services through which petroleum products are sold, transported, loaded or unloaded.

The Committee notes the Government’s indication in its report that the LAB has concluded its review and that the Ministry of Labour will submit to the Attorney-General’s Office the corresponding legal instructions, including the dissenting views expressed during the tripartite discussions. The Committee welcomes the tripartite initiatives in the process of discussing the amendment of the legislation and requests the Government to provide information in its next report on any developments in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s reply to the 2011 comments of the International Trade Union Confederation (ITUC), and particularly the information on the establishment of the Southern Workers’ Union (SWU), which represents workers in the shrimp, banana and citrus sectors and which, together with the Belize Workers’ Union (BWU), has developed a strategic plan to organize workers in export processing zones (EPZs). The Committee also notes the comments made by the ITUC in 2013.

Article 3 of the Convention. Compulsory arbitration. In its previous observation, the Committee noted the Government’s indication that, in the context of the process of reviewing labour legislation, the Labour Advisory Board (LAB) recommended that the Schedule to the Settlement of Disputes in Essential Services Act 1939 (SDESA) be amended so as to exclude from the list of services considered essential in the strict sense of the term, in respect of which the authorities may submit collective disputes to compulsory arbitration, and prohibit or bring an end to a strike: (i) the civil aviation and airport security services (AIPOAS); (ii) monetary and financial services (banks, treasury, Central Bank of Belize); (iii) the PAO Authority (pilots and security services); (iv) postal services; (v) the Social Security Scheme administered by the Social Security Board; and (vi) services through which petroleum products are sold, transported, loaded or unloaded.

The Committee notes the Government’s indication in its report that the LAB has concluded its review and that the Ministry of Labour will submit to the Attorney-General’s Office the corresponding legal instructions, including the dissenting views expressed during the tripartite discussions. The Committee welcomes the tripartite initiatives in the process of discussing the amendment of the legislation and requests the Government to provide information in its next report on any developments in this respect.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 4 August 2011 concerning problems in practice for the exercise of trade union rights in the banana plantations and in export processing zones (EPZs). The Committee expresses the firm hope that the Government will be in a position to provide in its next report full particulars on ITUC’s 2008 and 2011 comments.

Article 3 of the Convention. Compulsory arbitration. The Committee recalls that it had previously requested the Government to amend the Settlement of Disputes in Essential Services Act 1939 (SDESA), which empowers the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in services that cannot be considered essential in the strict sense of the term, namely: the banking sector, civil aviation, port authority (pilots), postal services, social security scheme and the petroleum sector. The Committee notes that the Government indicates in its report that the Labour Advisory Board in its ongoing review of national labour legislation recommended that the Schedule to the SDESA be amended so as to exclude: (i) civil aviation and airport security services (AIPOAS); (ii) monetary and financial services (banks, treasury, Central Bank of Belize); (iii) the POA Authority (pilots and security services); (iv) postal services; (v) the Social Security Scheme administered by the Social Security Board; and (vi) services in which petroleum products are supplied, transported, conveyed, handled, loaded, unloaded or sold. The National Trade Union Congress of Belize (NTUCB) corroborated this information in its comments submitted on 12 November 2011. The Committee notes this information with interest and requests the Government to provide a copy of the new legislation once it is adopted.

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

The Committee notes the International Trade Union Confederation’s (ITUC) communication of 29 August 2008, which refers to employer strategies to prevent the growth of unions, for example, the non-recognition of unions and other anti-union practices, as well as to problems in practice for the exercise of trade union rights in export processing zones (EPZs). The Committee requests the Government to submit its observations thereon.

Article 3 of the Convention. Compulsory arbitration. The Committee recalls that it had previously requested the Government to amend the Settlement of Disputes in Essential Services Act 1939 (SDESA), which empowers the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in services that cannot be considered essential in the strict sense of the term, namely: the banking sector, civil aviation, port authority (pilots), postal services, social security scheme and the petroleum sector. The Committee notes that the Government indicates in its report that the Committee’s comments had been submitted to the Labour Advisory Board, which was recently reactivated and one of whose main duties is to review national labour legislation. In these circumstances, the Committee expresses the hope that the SDESA will soon be amended so as to permit compulsory arbitration or a prohibition on strikes only in services that are essential in the strict sense of the term. It requests the Government to provide a copy of the new legislation once it is adopted.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report. It recalls that for several years it had been requesting the Government to amend the Settlement of Disputes in Essential Services Act of 1939, amended on several occasions, which empowers the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in services that are not to be considered essential in the strict sense of the term.

The Committee notes that the Government indicates that the last amendment to the abovementioned Act was S.I. No. 117 of 1998 and that currently, the services listed under the Act as essential are:

–           airports (civil aviation and airport security services);

–           electricity services;

–           health services;

–           hospital services;

–           monetary and financial services (banks, Treasury, Central Bank of Belize);

–           the national fire service;

–           the port authority (pilots and security services);

–           postal services;

–           sanitary services;

–           the social security scheme administered by the Social Security Board;

–           telecommunications services;

–           telephone services;

–           water services; and

–           services in which petroleum products are sold, supplied, transported, conveyed, handled, loaded, unloaded or sold.

The Committee considers that the banking sector, civil aviation, port authority (pilots), postal services, social security scheme and petroleum sector cannot be considered as essential services in the strict sense of the term in which a strike could be prohibited. Nevertheless, the Committee considers that in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damages to third 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 services which are of public utility rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 160). In the view of the Committee, such a service should meet at least two requirements. Firstly, it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear. Secondly, since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 161).

The Committee requests the Government to take the necessary measures to amend the Settlement of Disputes in Essential Services Act taking into consideration the abovementioned principles and to provide information on any development in this respect in its next report.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee regrets to note that the Government’s report has not been received. It is therefore bound to reiterate its previous observation, which read as follows.

In its previous comments, the Committee recalled the need to amend the Settlement of Disputes (Essential Services) Act of 1939, as amended by Ordinances Nos. 57, 92, 51 and 32 in 1973, 1981, 1988 and 1994, respectively, which empowered the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in such services as postal, monetary, financial and revenue-collecting services, transport services (civil aviation) and services in which petroleum products are sold, which are not essential services in the strict sense of the term.

The Committee noted with interest that Ministerial Order No. 117 of 1998 repealed Ordinance No. 32 of 1994 pursuant to which revenue services were included in the list of essential services.

As the 1998 repeal order only appears to deal with the question of the essential nature of revenue services, the Committee requests the Government to confirm that the above Ordinances, in so far as they concern the restriction of strike action for workers in the postal, monetary, transport (civil aviation) and petroleum sectors, are no longer in force and to provide copies of the relevant repealing orders.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Finally, the Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, which essentially refer to issues already raised relating to the exercise of the right to strike.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It must, therefore, repeat its previous observation, which read as follows:

In its previous comments, the Committee had recalled the need to amend the Settlement of Disputes (Essential Services) Act of 1939, as amended by Ordinances Nos. 57, 92, 51 and 32 in 1973, 1981, 1988 and 1994, respectively, which empowered the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in such services as postal, monetary, financial and revenue-collecting services, transport services (civil aviation) and services in which petroleum products are sold, which are not essential services in the strict sense of the term.

The Committee had noted with interest that Ministerial Order No. 117 of 1998 has repealed Ordinance No. 32 of 1994 pursuant to which revenue services were included in the list of essential services.

As the 1998 repeal order only appears to deal with the question of the essential nature of revenue services, the Committee requests the Government to confirm that the abovementioned Ordinances, in so far as they concern the restriction of strike action for workers in the postal, monetary, transport (civil aviation), and petroleum sectors, are no longer in force and to provide copies of the relevant repealing orders.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report.

In its previous comments, the Committee had recalled the need to amend the Settlement of Disputes (Essential Services) Act of 1939, as amended by Ordinances Nos. 57, 92, 51 and 32 in 1973, 1981, 1988 and 1994, respectively, which empowered the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in such services as postal, monetary, financial and revenue-collecting services, transport services (civil aviation) and services in which petroleum products are sold, which are not essential services in the strict sense of the term.

The Committee notes with interest from the Government’s report that Ministerial Order No. 117 of 1998 has repealed Ordinance No. 32 of 1994 pursuant to which revenue services were included in the list of essential services. The Committee also notes that according to the Government, at present there is no list, as the Settlement of Disputes (Essential Services) Act was last amended in 1998.

As the 1998 repeal order only appears to deal with the question of the essential nature of revenue services, the Committee requests the Government to confirm that the abovementioned Ordinances, in so far as they concern the restriction of strike action for workers in the postal, monetary, transport (civil aviation), and petroleum sectors, are no longer in force and to provide copies of the relevant repealing orders.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the information provided by the Government in its latest report.

In its previous comments, the Committee had recalled the need to amend the Settlement of Disputes (Essential Services) Act of 1939, as amended by Ordinances Nos. 57, 92, 51 and 32 in 1973, 1981, 1988 and 1994 respectively, which empower the authorities to refer a collective dispute to compulsory arbitration, to prohibit a strike or to terminate a strike in such services as postal, monetary, financial and revenue-collecting services and transport services and services in which petroleum products are sold, which are not essential services in the strict sense of the term. The Committee had noted the Government’s statement in a previous report to the effect that discussions were under way regarding the amendment of the list of essential services. The Committee notes that, according to the information contained in the Government’s latest report, a copy of the amendments will be sent shortly.

In the meantime, the Committee recalls the need to amend the list of essential services so that restrictions on the right to strike apply only to the essential services in the strict sense of the term, whose interruption would endanger the life, personal safety or health of the whole or part of the population and to public servants exercising authority in the name of the State. It expresses the firm hope that the Government will take the necessary measures in the near future to delete the abovementioned services from the list of essential services and requests it to provide a copy of the amendments proposed in this regard with its next report.

The Committee also takes note of the Trade Unions and Employers’ Organizations (Registration, Recognition and Status) Act, No. 24 of 2000. Recalling that workers and employers, without distinction whatsoever, shall have the right to establish and to join organizations of their own choosing without previous authorization, the Committee requests the Government to indicate the manner in which the right to organize is ensured for prison staff and firefighters who are not covered by this Act.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee recalled the need to amend the Settlement of Disputes (Essential Services) Act of 1939, as amended by Ordinances Nos. 57, 92, 51 and 32 in 1973, 1981, 1988 and 1994 respectively, which empower the authorities to refer a dispute to compulsory arbitration to prohibit a strike or to terminate a strike in such services as postal, monetary, financial and revenue collecting services and transport services and services in which petroleum products are sold, which are not "essential services" in the strict sense of the term. The Committee had noted the Government’s statement in a previous report to the effect that discussions were under way regarding the amendment of the list of essential services.

Referring to its previous comments, the Committee had noted with satisfaction that Ordinance No. 117 of 13 November 1998 excluded all revenue collecting services of the Government from the field of application of the Settlement of Disputes (Essential Services) Act.

Nevertheless, the Committee expresses its firm hope that the Government will pursue its amendment of the list of essential services so that restrictions on the right to strike apply only to the essential services in the strict sense of the term, whose interruption would endanger the life, personal safety or health of whole or part of the population and to public servants exercising a function of authority in the name of the State. It requests the Government to indicate in its next report the measures taken or envisaged in this regard and to provide a copy of amendments bringing national legislation into full conformity with the principles of freedom of association at an early date.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

In its previous comments, the Committee recalled the need to amend the Settlement of Disputes (Essential Services) Act of 1939, as amended by Ordinances Nos. 57, 92, 51 and 32 in 1973, 1981, 1988 and 1994 respectively, which empower the authorities to refer a dispute to compulsory arbitration to prohibit a strike or to terminate a strike in such services as postal, monetary, financial and revenue collecting services and transport services and services in which petroleum products are sold, which are not "essential services" in the strict sense of the term. The Committee had noted the Government’s statement in a previous report to the effect that discussions were under way regarding the amendment of the list of essential services.

Referring to its previous comments, the Committee had noted with satisfaction that Ordinance No. 117 of 13 November 1998 excluded all revenue collecting services of the Government from the field of application of the Settlement of Disputes (Essential Services) Act.

Nevertheless, the Committee expresses its firm hope that the Government will pursue its amendment of the list of essential services so that restrictions on the right to strike apply only to the essential services in the strict sense of the term, whose interruption would endanger the life, personal safety or health of whole or part of the population and to public servants exercising a function of authority in the name of the State. It requests the Government to indicate in its next report the measures taken or envisaged in this regard and to provide a copy of amendments bringing national legislation into full conformity with the principles of freedom of association at an early date.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in its last report.

The Committee recalls the need to amend the Settlement of Disputes (Essential Services) Act of 1939, as amended by Ordinances Nos. 57, 92, 51 and 32 in 1973, 1981, 1988 and 1994 respectively, which empower the authorities to refer a dispute to compulsory arbitration to prohibit a strike or to terminate a strike in such services as postal, monetary, financial and revenue collecting services and transport services and services in which petroleum products are sold, which are not "essential services" in the strict sense of the term. The Committee had noted the Government's statement in a previous report to the effect that discussions were under way regarding the amendment of the list of essential services.

Referring to its previous comments, the Committee notes with satisfaction that Ordinance No. 117 of 13 November 1998 excludes all revenue collecting services of the Government from the field of application of the Settlement of Disputes (Essential Services) Act.

Nevertheless, the Committee expresses its firm hope that the Government will pursue its amendment of the list of essential services so that restrictions on the right to strike apply only to the essential services in the strict sense of the term, whose interruption would endanger the life, personal safety or health of whole or part of the population and to public servants exercising a function of authority in the name of the State. It requests the Government to indicate in its next report the measures taken or envisaged in this regard and to provide a copy of amendments bringing national legislation into full conformity with the principles of freedom of association at an early date.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's last report.

In its previous comments, the Committee had recalled the need to amend the Settlement of Disputes (Essential Services) Act, as amended by Act No. 32 of 28 April 1994, which provides a list of services where the right to strike is prohibited. The Committee considers, in the same way as the Committee on Freedom of Association in its conclusions in Case No. 1775 (295th Report, paragraphs 502-518, approved by the Governing Body in November 1994), that certain of the services included in this list (such as the postal, monetary, financial and transport services and services in which petroleum products are sold) go beyond the strict sense of essential services, that is those services the interruption of which would endanger the life, personal safety or health of the whole or part of the population; it therefore requests the Government to amend the list of essential services accordingly.

In its previous report, the Government had again indicated that discussions were under way regarding the amendment of the list of essential services and that it would inform the ILO of progress made in this regard. The Committee expresses the firm hope that the list of essential services will be amended in the near future so that the prohibition on the right to strike is restricted to essential services in the strict sense of the term and to public servants exercising authority in the name of the State. The Committee again requests the Government to provide a copy of the amendments made to bring the legislation into full conformity with the principles of freedom of association as rapidly as possible.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee recalls that its previous comments read as follows:

The Committee noted from the conclusions of the Committee on Freedom of Association in Case No. 1775 (295th Report, paragraphs 502-518, approved by the Governing Body in November 1994) that the Settlement of Disputes (Essential Services) Act contains a list of essential services which go beyond the strict sense of essential services as those, the interruption of which could endanger the life, personal safety or health of the whole or part of the population.

The Committee drew the Government's attention to paragraph 179 of its 1994 General Survey on freedom of association and collective bargaining in which it underlines that the right to strike, an intrinsic corollary of the right of association, may be prohibited only with respect to certain categories of workers, such as public servants exercising authority in the name of the State or those engaged in essential services in the strict sense of the term. It therefore requests the Government to amend the schedule of essential services accordingly and to keep it informed of the progress made in this regard.

While it was sitting, the Committee received the Government's report which it will examine at its next meeting.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information provided by the Government in its latest report as well as the conclusions of the Committee on Freedom of Association in Case No. 1775 (295th Report, paragraphs 502-518, approved by the Governing Body in November 1994). The Committee notes from the conclusions in this case that the Settlement of Disputes (Essential Services) Act contains a list of essential services which go beyond the strict sense of essential services as those the interruption of which would endanger the life, personal safety or health of whole or part of the population.

The Committee draws the Government's attention to paragraph 179 of its 1994 General Survey on Freedom of Association and Collective Bargaining in which it underlines that the right to strike, an intrinsic corollary of the right of association, may be prohibited only with respect to certain categories of workers, such as public servants exercising authority in the name of the State or those engaged in essential services in the strict sense of the term. It therefore requests the Government to amend the schedule of essential services accordingly and to keep the Office informed of the progress made in this regard.