Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kiribati (Ratification: 2000)

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

Articles 1 and 2 of the Convention. Adequate protection against acts of anti-union discrimination and interference. The Committee had previously requested the Government to provide detailed information on how the competent authorities were addressing cases of anti-union and interference. The Committee notes that the Government provides information solely with regard to judicial proceedings, indicating that there have been no court cases on anti-union discrimination and employer interference in the reporting period. The Committee recalls in this respect that the absence of complaints alleging acts of anti-union discrimination and interference does not mean that there are no violations of the Convention in practice, and requests the Government to: (i) take specific measures to raise the awareness of workers concerning their trade union rights, including the right to be protected against anti-union discrimination; and (ii) provide more detailed information on the number of complaints of anti-union discrimination and employer interference brought to the various competent authorities, including judicial proceedings, the average duration of the relevant proceedings and their outcome, as well as the types of remedies and sanctions imposed in those cases.

Article 4. Right to collective bargaining. The Committee recalls that for a number of years it has been requesting the Government to clarify whether federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level, considering that section 60 of the Employment and Industrial Relations Code (EIRC) when indicating the parties with power to initiate collective bargaining does not explicitly refer to federations and confederations. It had also noted with concern that there was no legislative recognition of the right to engage in collective bargaining, as sections 60-73 of the EIRC were not yet in force. The Committee notes the Government’s indication that it is currently developing the necessary mechanisms in order to give effect to these provisions and has sought the ILO technical assistance in this regard. The Committee urges the Government to take all necessary steps to expedite the process for ensuring that the Employment and Industrial Relations Code sections relating to collective bargaining are effectively in force. It also requests the Government to take all necessary steps, without further delay, to amend the legislation with a view to ensuring that federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level. It requests the Government to provide information on all progress made in this regard.

The Committee further notes the information provided by the Government that as the provisions relating to Collective Bargaining Agreement in the EIRC are not yet in force, no information or data on the enforcement is available in this regard. The Committee requests the Government, once the EIRC’s provisions on collective bargaining are in force, to inform on the measures taken to promote collective bargaining in all sectors covered by the Convention and to provide information on the number of collective agreements concluded and in force, the sectors concerned, and the number of workers covered by these agreements.

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

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 4 of the Convention. Right to collective bargaining. The Committee noted in its previous comments that sections 4 (definition of collective agreement) and 60 (parties with power to initiate collective bargaining) of the Employment and Industrial Relations Code refer to employers or employers’ organizations and unions, but not explicitly to federations and confederations. It also requested the Government to clarify whether federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level and to provide information on the number of collective agreements concluded during the reporting period and the sectors and the number of workers covered. The Committee notes with concern the Government’s indication that sections 60–73 of the Employment and Industrial Relations Code of 2015 that stipulates the rights of unions and organizations to collective bargaining, their obligation to act in good faith and the procedures relating to this function are not in force at the moment. It also notes the Government’s indication that only two unions are currently involved in collective bargaining agreements in the country. In order to both guarantee and promote the right to bargain collectively, the Committee urges the Government to take the necessary measures to ensure that the Employment and Industrial Relations Code sections relating to collective bargaining are effectively in force. It also requests the Government to take the necessary measures as to amend the legislation with a view to ensuring that federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level. The Committee requests the Government to provide information in this respect.

The Committee also requests the Government to provide, in its next regular report, the information required in its previous comments concerning the application of Articles 1 and 2 of the Convention.

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

Article 4 of the Convention. Right to collective bargaining. The Committee noted in its previous comments that sections 4 (definition of collective agreement) and 60 (parties with power to initiate collective bargaining) of the Employment and Industrial Relations Code refer to employers or employers’ organizations and unions, but not explicitly to federations and confederations. It also requested the Government to clarify whether federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level and to provide information on the number of collective agreements concluded during the reporting period and the sectors and the number of workers covered. The Committee notes with concern the Government’s indication that sections 60–73 of the Employment and Industrial Relations Code of 2015 that stipulates the rights of unions and organizations to collective bargaining, their obligation to act in good faith and the procedures relating to this function are not in force at the moment. It also notes the Government’s indication that only two unions are currently involved in collective bargaining agreements in the country. In order to both guarantee and promote the right to bargain collectively, the Committee urges the Government to take the necessary measures to ensure that the Employment and Industrial Relations Code sections relating to collective bargaining are effectively in force. It also requests the Government to take the necessary measures as to amend the legislation with a view to ensuring that federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level. The Committee requests the Government to provide information in this respect.

The Committee also requests the Government to provide, in its next regular report, the information required in its previous comments concerning the application of Articles 1 and 2 of the Convention.

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

Articles 1 and 2. Adequate protection against acts of anti-union discrimination. In order to enable it to assess whether adequate protection against acts of anti-union discrimination and interference is provided in practice, the Committee had previously requested the Government to provide information on the number of complaints of anti-union discrimination and employer interference brought to the various competent authorities, the average duration of the relevant proceedings and their outcome, as well as the type of remedies and sanctions imposed in such cases. The Committee notes the Government’s indication that only one case of anti-union discrimination was recorded and that the ten union members concerned were reinstated by the arbitration tribunal. The Committee requests the Government to continue providing information on the number of complaints of anti-union discrimination and employer interference brought to the various competent authorities, including judicial proceedings, the average duration of the relevant proceedings and their outcome, as well as the types of remedies and sanctions imposed in those cases.

Article 4. Promotion of collective bargaining. In its previous comments, while noting that sections 4 (definition of collective agreement) and 60 (parties with power to initiate collective bargaining) of the Employment and Industrial Relations Code (2015) do not explicitly refer to federations and confederations, the Committee had requested the Government to: (i) clarify whether federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level; and (ii) provide information on the number of collective agreements concluded during the reporting period and the sectors and the number of workers covered. Noting with regret that the Government does not provide any information in this respect, and noting that the Employment and Industrial Relations Code (Amendment) Act (2017) does not contain any amendment in this regard, the Committee reiterates its previous request.

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

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 initially made in 2016.

Repetition

Article 4. Right to collective bargaining. The Committee observes that sections 4 (definition of collective agreement) and 60 (parties with power to initiate collective bargaining) refer to employers or employers’ organizations and unions, but not explicitly to federations and confederations. The Committee requests the Government to: (i) clarify whether federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level; and (ii) provide information on the number of collective agreements concluded during the reporting period and the sectors and the number of workers covered.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Articles 1 and 2. Adequate protection against acts of anti-union discrimination and interference. In order to enable it to assess whether adequate protection against acts of anti-union discrimination and interference is provided in practice, the Committee requests the Government to supply detailed information on the number of complaints of anti-union discrimination and employer interference brought to the various competent authorities, the average duration of the relevant proceedings and their outcome, as well as the types of remedies and sanctions imposed in such cases.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

Article 4. Right to collective bargaining. The Committee observes that sections 4 (definition of collective agreement) and 60 (parties with power to initiate collective bargaining) refer to employers or employers’ organizations and unions, but not explicitly to federations and confederations. The Committee requests the Government to: (i) clarify whether federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level; and (ii) provide information on the number of collective agreements concluded during the reporting period and the sectors and the number of workers covered.

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

In its previous comments, the Committee had been raising the need to modify a number of provisions of the Trade Unions and Employer Organisations Act and the Industrial Relations Code. Noting that the Draft Employment and Industrial Relations Code, 2013, had been technically reviewed by the Office, and that the labour law reforms were being considered by the Decent Work Agenda Steering Committee, the Committee expected that all its comments would be fully taken into account in the process and requested the Government to provide information on any developments as regards the adoption of the draft legislation.

The Committee notes the adoption of the Employment and Industrial Relations Code (EIRC) in 2015 and notes with satisfaction that, in line with its previous comments: (i) sections 18(2)–(4), 101(1)(c) and (2) in conjunction with section 152, as well as sections 107(2)(e) and (4)–(6) prohibit anti-union discrimination and provide for penal sanctions in the form of imprisonment or fines as well as procedures to ensure protection against such acts; (ii) sections 18(2)–(4) and 22 prohibit interference in the establishment or functioning of a union or employers’ organization and provide for penal sanctions in the form of imprisonment or fines to ensure protection against such acts; and (iii) sections 60–73 recognize the right to collective bargaining and contain procedural requirements to support the exercise of the right to collective bargaining.

Articles 1 and 2. Adequate protection against acts of anti-union discrimination and interference. In order to enable it to assess whether adequate protection against acts of anti-union discrimination and interference is provided in practice, the Committee requests the Government to supply detailed information on the number of complaints of anti-union discrimination and employer interference brought to the various competent authorities, the average duration of the relevant proceedings and their outcome, as well as the types of remedies and sanctions imposed in such cases.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Repetition

The Committee had noted that the Government has requested the International Labour Office to conduct a technical review of the Draft Employment and Industrial Relations Code 2013 (draft 2013 Code), and that the Office’s comments have been transmitted to the Government. Having noted that the Government’s indication in its report that the labour law reforms are currently being considered by the Decent Work Agenda Steering Committee (DWASC), the Committee expects that all comments will be fully taken into account in the process and requests the Government to provide information in its next report on any developments as regards the adoption of this draft legislation.

Articles 1 and 3 of the Convention. Effective protection against discrimination. In its previous comments, the Committee requested the Government to take measures so that the legislation establishes sufficiently dissuasive sanctions against acts of discrimination. The Committee noted the Government’s indication that the DWASC agreed to address this concern as part of the current labour law reform process. However, the Committee noted that, while the draft 2013 Code prohibits termination or discrimination in employment for anti-union reasons, no specific sanctions are imposed in case of infringement of this provision. The Committee requests the Government to indicate the measures taken to review the provisions of the draft 2013 Code, so that sufficiently dissuasive sanctions are imposed where a worker is dismissed or otherwise prejudiced due to union membership or participation in legitimate union activities.

Articles 2 and 3. Effective protection against anti-union interference. In its previous comments, the Committee noted that, in the national legislation, no specific legal provisions dealt with the issue of anti-union interference. The DWASC, while expressing concern that the financial support usually provided by the Government (employer) to the nurses and teachers unions during their respective national days may be considered as an act of interference under the Convention, agreed to address the matter in the next possible amendment. The Committee welcomed that section 22(1) of the draft 2013 Code prohibits interference by a union or employers’ organization in the establishment or functioning of a union or employers’ organization. It noted, however, that neither are efficient procedures established nor specific sanctions imposed in case of infringement of this provision. The Committee requests the Government to indicate the measures taken to review the provisions of the draft 2013 Code, so that the prohibition of anti-union interference is extended to employers and that sufficiently dissuasive sanctions and rapid procedures are established for such acts.

Article 4. Right to collective bargaining. The Committee had previously noted that there is no legislative recognition of the right to engage in collective bargaining and no provisions which guarantee this right to federations and confederations. The Committee noted that: (i) section 41 of the Industrial Relations Code as amended in 2008 has recognized the right to collective bargaining of every trade union or group of trade unions, including public servants under the National Conditions of Service; (ii) the Government states that it will need time to effectively implement this right since collective bargaining has just recently been introduced in Kiribati; and (iii) further procedural requirements to support the effective exercise of the right to collective bargaining will be included as part of the labour law reform process. The Committee observed that, while, under section 70 of the draft 2013 Code, federations and confederations are entitled to bargain collectively, sections 4 (definition of collective agreement) and 74 (initiation of collective bargaining) only refer to employers or employers’ organizations and unions. The Committee trusts that the provisions of the draft 2013 Code will be reviewed so as to guarantee consistently throughout the Code the possibility of federations and confederations to engage in collective bargaining at levels higher than enterprise level.

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 that the Government has requested the International Labour Office to conduct a technical review of the Draft Employment and Industrial Relations Code 2013 (draft 2013 Code), and that the Office’s comments have been transmitted to the Government. Noting the Government’s indication in its report that the labour law reforms are currently being considered by the Decent Work Agenda Steering Committee (DWASC), the Committee expects that all comments will be fully taken into account in the process and requests the Government to provide information in its next report on any developments as regards the adoption of this draft legislation.

Scope of application of the Convention. In its previous comments, the Committee noted that section 3 of the Industrial Relations Code excludes prison officers from the application of the provision concerning collective labour disputes and reminded the Government that prison officers should enjoy the rights and guarantees enshrined in the Convention. The Committee welcomes the Government’s indication that, taking into account the concerns expressed during the recent tripartite consultations concerning the Committee’s previous comments, prison services will, under the current labour law reforms, be defined as “essential services”, but prison officers will have access to the dispute resolution mechanism (including collective bargaining). Indeed, the Committee welcomes that the draft 2013 Code does not explicitly exclude prison officers from the provisions concerning collective labour disputes.

Articles 1 and 3 of the Convention. Effective protection against discrimination. In its previous comments, the Committee requested the Government to take measures so that the legislation establishes sufficiently dissuasive sanctions against acts of discrimination. The Committee notes the Government’s indication that the DWASC agreed to address this concern as part of the current labour law reform process. However, the Committee notes that, while the draft 2013 Code prohibits termination or discrimination in employment for anti-union reasons, no specific sanctions are imposed in case of infringement of this provision. The Committee requests the Government to indicate in its next report the measures taken to review the provisions of the draft 2013 Code, so that sufficiently dissuasive sanctions are imposed where a worker is dismissed or otherwise prejudiced due to union membership or participation in legitimate union activities.

Articles 2 and 3. Effective protection against anti-union interference. In its previous comments, the Committee noted that, in the national legislation, no specific legal provisions dealt with the issue of anti-union interference. The DWASC, while expressing concern that the financial support usually provided by the Government (employer) to the nurses and teachers unions during their respective national days may be considered as an act of interference under the Convention, agreed to address the matter in the next possible amendment. The Committee welcomes that section 22(1) of the draft 2013 Code prohibits interference by a union or employers’ organization in the establishment or functioning of a union or employers’ organization. It notes, however, that neither are efficient procedures established nor specific sanctions imposed in case of infringement of this provision. The Committee requests the Government to indicate in its next report the measures taken to review the provisions of the draft 2013 Code, so that the prohibition of anti-union interference is extended to employers and that sufficiently dissuasive sanctions and rapid procedures are established for such acts.

Article 4. Right to collective bargaining. The Committee had previously noted that there is no legislative recognition of the right to engage in collective bargaining and no provisions which guarantee this right to federations and confederations. The Committee notes that: (i) section 41 of the IRC as amended in 2008 has recognized the right to collective bargaining of every trade union or group of trade unions, including public servants under the National Conditions of Service; (ii) the Government states that it will need time to effectively implement this right since collective bargaining has just recently been introduced in Kiribati; and (iii) further procedural requirements to support the effective exercise of the right to collective bargaining will be included as part of the labour law reform process. The Committee observes that, while, under section 70 of the draft 2013 Code, federations and confederations are entitled to bargain collectively, sections 4 (definition of collective agreement) and 74 (initiation of collective bargaining) only refer to employers or employers’ organizations and unions. The Committee trusts that the provisions of the draft 2013 Code will be reviewed so as to guarantee consistently throughout the Code the possibility of federations and confederations to engage in collective bargaining at levels higher than enterprise level.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

The Committee noted with interest from the Government’s report that the Kiribati tripartite committee drafted, with the assistance of the ILO, several amendments to national labour laws in order to give effect to the Committee’s previous comments. The Committee also noted, however, that certain issues had not yet been addressed in the draft or are still under consideration.

Application of the Convention. In its previous comments, the Committee noted that section 3 of the Industrial Relations Code excludes prison officers from the application of the provision concerning collective labour disputes and reminded the Government that prison officers should enjoy the rights and guarantees enshrined in the Convention. The Committee noted from the Government’s report that due note had been taken of this comment which is currently under review by the Ministry of Labour, the Kiribati Chamber of Commerce and Industry and the Kiribati Trade Union Congress. The Government will inform the Committee on the outcome and measures taken as a result of these discussions. The Committee hopes that the discussions will lead to the amendment of section 3 of the Industrial Relations Code so that prison officers are not excluded from the rights and guarantees enshrined in the Convention.

Articles 1 and 3 of the Convention. In its previous comments, the Committee had noted that protection against acts of anti-union discrimination existed only at the time of hiring, and requested the Government to take measures to amend the legislation so as to ensure comprehensive protection against such acts during the employment relationship and at the time of dismissal. The Committee had also requested the Government to take measures so that the legislation includes express provisions for appeals and establishes sufficiently dissuasive sanctions against acts of anti-union discrimination for membership or participation in the activities of a trade union.

The Committee noted from the text of the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, that section 21 of the Trade Unions and Employer Organisations Act is to be amended by adding a subsection (3) according to which “nothing contained in any law shall prohibit any worker from being or becoming a member of any trade union, or cause a worker to be dismissed or otherwise prejudiced by reason of that worker’s membership or participation in the activities of a trade union”. Furthermore, according to subsection (4) no employer shall make it a condition of employment of any worker to neither be nor become a member of a trade union and any such condition in any contract of employment shall be void. The Committee also noted that according to subsection (5), “[a]ny employer who contravenes subsection (4) … shall be liable to a fine not exceeding US$1,000 and to a term of imprisonment not exceeding six months”. The Committee noted that, whereas sufficiently dissuasive sanctions were provided for in relation to subsection (4), no sanctions were established in relation to a violation of subsection (3). The Committee therefore requests the Government to indicate in its next report the measures taken in order to modify the provisions of the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, so that sufficiently dissuasive sanctions are imposed where a worker is dismissed or otherwise prejudiced because of his or her trade union membership or participation in the activities of a trade union.

Articles 2 and 3. In its previous comments, the Committee noted that, in the national legislation, no specific legal provisions dealt with the issue of mutual interference between employers’ and workers’ organizations and that there were no rapid procedures and sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations. The Committee noted from the Government’s report that due note had been taken of this comment which is currently under review by the Ministry of Labour, the Kiribati Chamber of Commerce and Industry and the Kiribati Trade Union Congress. The Government will inform the Committee on the outcome and measures taken as a result of these discussions. The Committee hopes that the review currently under way will lead to measures to modify the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, so as to introduce provisions which ensure adequate protection against acts of interference in the establishment and functioning of trade unions as well as rapid procedures and dissuasive sanctions in this respect, in accordance with Articles 2 and 3 of the Convention.

Article 4. The Committee noted with interest, that upon adoption of the Trade Unions and Employer Organisations Amendment Bill, section 41 of the Industrial Relations Code would be amended by introducing a comprehensive guarantee of the right to engage in collective bargaining over wages, terms and conditions of employment, the relations between the parties and other matters of mutual interest; this guarantee will apply to every trade union or group of trade unions and also cover public servants under the national conditions of service. Moreover, the amendment provides that regulations may be made generally for the effective exercise of the right to collective bargaining, recognition of most representative organizations and the regulation of collective agreements. The Committee requests the Government to indicate in its next report the progress made in the adoption of the draft amendment to section 41 of the Industrial Relations Code. It further requests the Government to specify the provisions which guarantee this right to federations and confederations and to indicate in the future any regulations adopted to promote the effective exercise of the right to collective bargaining.

Furthermore, the Committee’s previous comments concerned sections 7, 8, 9, 10, 12, 14 and 19 of the Industrial Relations Code, which allow referral of any trade dispute to compulsory arbitration at the request of one party or by decision of the authorities. The Committee is addressing this issue under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

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

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

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:

Repetition

The Committee noted with interest from the Government’s report that the Kiribati tripartite committee drafted, with the assistance of the ILO, several amendments to national labour laws in order to give effect to the Committee’s previous comments. The Committee also noted, however, that certain issues had not yet been addressed in the draft or are still under consideration.

Application of the Convention. In its previous comments, the Committee noted that section 3 of the Industrial Relations Code excludes prison officers from the application of the provision concerning collective labour disputes and reminded the Government that prison officers should enjoy the rights and guarantees enshrined in the Convention. The Committee noted from the Government’s report that due note had been taken of this comment which is currently under review by the Ministry of Labour, the Kiribati Chamber of Commerce and Industry and the Kiribati Trade Union Congress. The Government will inform the Committee on the outcome and measures taken as a result of these discussions. The Committee hopes that the discussions will lead to the amendment of section 3 of the Industrial Relations Code so that prison officers are not excluded from the rights and guarantees enshrined in the Convention.

Articles 1 and 3 of the Convention. In its previous comments, the Committee had noted that protection against acts of anti-union discrimination existed only at the time of hiring, and requested the Government to take measures to amend the legislation so as to ensure comprehensive protection against such acts during the employment relationship and at the time of dismissal. The Committee had also requested the Government to take measures so that the legislation includes express provisions for appeals and establishes sufficiently dissuasive sanctions against acts of anti-union discrimination for membership or participation in the activities of a trade union.

The Committee noted from the text of the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, that section 21 of the Trade Unions and Employer Organisations Act is to be amended by adding a subsection (3) according to which “nothing contained in any law shall prohibit any worker from being or becoming a member of any trade union, or cause a worker to be dismissed or otherwise prejudiced by reason of that worker’s membership or participation in the activities of a trade union”. Furthermore, according to subsection (4) no employer shall make it a condition of employment of any worker to neither be nor become a member of a trade union and any such condition in any contract of employment shall be void. The Committee also noted that according to subsection (5), “[a]ny employer who contravenes subsection (4) … shall be liable to a fine not exceeding US$1,000 and to a term of imprisonment not exceeding six months”. The Committee noted that, whereas sufficiently dissuasive sanctions were provided for in relation to subsection (4), no sanctions were established in relation to a violation of subsection (3). The Committee therefore requests the Government to indicate in its next report the measures taken in order to modify the provisions of the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, so that sufficiently dissuasive sanctions are imposed where a worker is dismissed or otherwise prejudiced because of his or her trade union membership or participation in the activities of a trade union.

Articles 2 and 3. In its previous comments, the Committee noted that, in the national legislation, no specific legal provisions dealt with the issue of mutual interference between employers’ and workers’ organizations and that there were no rapid procedures and sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations. The Committee noted from the Government’s report that due note had been taken of this comment which is currently under review by the Ministry of Labour, the Kiribati Chamber of Commerce and Industry and the Kiribati Trade Union Congress. The Government will inform the Committee on the outcome and measures taken as a result of these discussions. The Committee hopes that the review currently under way will lead to measures to modify the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, so as to introduce provisions which ensure adequate protection against acts of interference in the establishment and functioning of trade unions as well as rapid procedures and dissuasive sanctions in this respect, in accordance with Articles 2 and 3 of the Convention.

Article 4. The Committee noted with interest, that upon adoption of the Trade Unions and Employer Organisations Amendment Bill, section 41 of the Industrial Relations Code would be amended by introducing a comprehensive guarantee of the right to engage in collective bargaining over wages, terms and conditions of employment, the relations between the parties and other matters of mutual interest; this guarantee will apply to every trade union or group of trade unions and also cover public servants under the national conditions of service. Moreover, the amendment provides that regulations may be made generally for the effective exercise of the right to collective bargaining, recognition of most representative organizations and the regulation of collective agreements. The Committee requests the Government to indicate in its next report the progress made in the adoption of the draft amendment to section 41 of the Industrial Relations Code. It further requests the Government to specify the provisions which guarantee this right to federations and confederations and to indicate in the future any regulations adopted to promote the effective exercise of the right to collective bargaining.

Furthermore, the Committee’s previous comments concerned sections 7, 8, 9, 10, 12, 14 and 19 of the Industrial Relations Code, which allow referral of any trade dispute to compulsory arbitration at the request of one party or by decision of the authorities. The Committee is addressing this issue under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee noted with interest from the Government’s report that the Kiribati tripartite committee drafted, with the assistance of the ILO, several amendments to national labour laws in order to give effect to the Committee’s previous comments. The Committee also noted, however, that certain issues had not yet been addressed in the draft or are still under consideration.

Application of the Convention. In its previous comments, the Committee noted that section 3 of the Industrial Relations Code excludes prison officers from the application of the provision concerning collective labour disputes and reminded the Government that prison officers should enjoy the rights and guarantees enshrined in the Convention. The Committee noted from the Government’s report that due note had been taken of this comment which is currently under review by the Ministry of Labour, the Kiribati Chamber of Commerce and Industry and the Kiribati Trade Union Congress. The Government will inform the Committee on the outcome and measures taken as a result of these discussions. The Committee hopes that the discussions will lead to the amendment of section 3 of the Industrial Relations Code so that prison officers are not excluded from the rights and guarantees enshrined in the Convention.

Articles 1 and 3 of the Convention. In its previous comments, the Committee had noted that protection against acts of anti-union discrimination existed only at the time of hiring, and requested the Government to take measures to amend the legislation so as to ensure comprehensive protection against such acts during the employment relationship and at the time of dismissal. The Committee had also requested the Government to take measures so that the legislation includes express provisions for appeals and establishes sufficiently dissuasive sanctions against acts of anti-union discrimination for membership or participation in the activities of a trade union.

The Committee noted from the text of the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, that section 21 of the Trade Unions and Employer Organisations Act is to be amended by adding a subsection (3) according to which “nothing contained in any law shall prohibit any worker from being or becoming a member of any trade union, or cause a worker to be dismissed or otherwise prejudiced by reason of that worker’s membership or participation in the activities of a trade union”. Furthermore, according to subsection (4) no employer shall make it a condition of employment of any worker to neither be nor become a member of a trade union and any such condition in any contract of employment shall be void. The Committee also noted that according to subsection (5), “[a]ny employer who contravenes subsection (4) … shall be liable to a fine not exceeding US$1,000 and to a term of imprisonment not exceeding six months”. The Committee noted that, whereas sufficiently dissuasive sanctions were provided for in relation to subsection (4), no sanctions were established in relation to a violation of subsection (3). The Committee therefore requests the Government to indicate in its next report the measures taken in order to modify the provisions of the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, so that sufficiently dissuasive sanctions are imposed where a worker is dismissed or otherwise prejudiced because of his or her trade union membership or participation in the activities of a trade union.

Articles 2 and 3. In its previous comments, the Committee noted that, in the national legislation, no specific legal provisions dealt with the issue of mutual interference between employers’ and workers’ organizations and that there were no rapid procedures and sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations. The Committee noted from the Government’s report that due note had been taken of this comment which is currently under review by the Ministry of Labour, the Kiribati Chamber of Commerce and Industry and the Kiribati Trade Union Congress. The Government will inform the Committee on the outcome and measures taken as a result of these discussions. The Committee hopes that the review currently under way will lead to measures to modify the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, so as to introduce provisions which ensure adequate protection against acts of interference in the establishment and functioning of trade unions as well as rapid procedures and dissuasive sanctions in this respect, in accordance with Articles 2 and 3 of the Convention.

Article 4. The Committee noted with interest, that upon adoption of the Trade Unions and Employer Organisations Amendment Bill, section 41 of the Industrial Relations Code would be amended by introducing a comprehensive guarantee of the right to engage in collective bargaining over wages, terms and conditions of employment, the relations between the parties and other matters of mutual interest; this guarantee will apply to every trade union or group of trade unions and also cover public servants under the national conditions of service. Moreover, the amendment provides that regulations may be made generally for the effective exercise of the right to collective bargaining, recognition of most representative organizations and the regulation of collective agreements. The Committee requests the Government to indicate in its next report the progress made in the adoption of the draft amendment to section 41 of the Industrial Relations Code. It further requests the Government to specify the provisions which guarantee this right to federations and confederations and to indicate in the future any regulations adopted to promote the effective exercise of the right to collective bargaining.

Furthermore, the Committee’s previous comments concerned sections 7, 8, 9, 10, 12, 14 and 19 of the Industrial Relations Code, which allow referral of any trade dispute to compulsory arbitration at the request of one party or by decision of the authorities. The Committee is addressing this issue under Convention No. 87.

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

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest from the Government’s report that the Kiribati tripartite committee drafted, with the assistance of the ILO, several amendments to national labour laws in order to give effect to the Committee’s previous comments. The Committee also notes however, that certain issues have not yet been addressed in the draft or are still under consideration.

Application of the Convention. In its previous comments, the Committee noted that section 3 of the Industrial Relations Code excludes prison officers from the application of the provision concerning collective labour disputes and reminded the Government that prison officers should enjoy the rights and guarantees enshrined in the Convention. The Committee notes from the Government’s report that due note has been taken of this comment which is currently under review by the Ministry of Labour, the Kiribati Chamber of Commerce and Industry and the Kiribati Trade Union Congress. The Government will inform the Committee on the outcome and measures taken as a result of these discussions. The Committee hopes that the discussions will lead to the amendment of section 3 of the Industrial Relations Code so that prison officers are not excluded from the rights and guarantees enshrined in the Convention.

Articles 1 and 3 of the Convention. In its previous comments, the Committee had noted that protection against acts of anti-union discrimination existed only at the time of hiring, and requested the Government to take measures to amend the legislation so as to ensure comprehensive protection against such acts during the employment relationship and at the time of dismissal. The Committee had also requested the Government to take measures so that the legislation includes express provisions for appeals and establishes sufficiently dissuasive sanctions against acts of anti-union discrimination for membership or participation in the activities of a trade union.

The Committee notes from the text of the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, that section 21 of the Trade Unions and Employer Organisations Act is to be amended by adding a subsection (3) according to which “nothing contained in any law shall prohibit any worker from being or becoming a member of any trade union, or cause a worker to be dismissed or otherwise prejudiced by reason of that worker’s membership or participation in the activities of a trade union”. Furthermore, according to subsection (4) no employer shall make it a condition of employment of any worker to neither be nor become a member of a trade union and any such condition in any contract of employment shall be void. The Committee also notes that according to subsection (5), “[a]ny employer who contravenes subsection (4) … shall be liable to a fine not exceeding US$1,000 and to a term of imprisonment not exceeding six months”. The Committee notes that whereas sufficiently dissuasive sanctions are provided for in relation to subsection (4), no sanctions are established in relation to a violation of subsection (3). The Committee therefore requests the Government to indicate in its next report the measures taken in order to modify the provisions of the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, so that sufficiently dissuasive sanctions are imposed where a worker is dismissed or otherwise prejudiced because of his or her trade union membership or participation in the activities of a trade union.

Articles 2 and 3. In its previous comments, the Committee noted that, in the national legislation, no specific legal provisions dealt with the issue of mutual interference between employers’ and workers’ organizations and that there were no rapid procedures and sufficiently dissuasive sanctions against acts of interference by employers against workers and workers’ organizations. The Committee notes from the Government’s report that due note has been taken of this comment which is currently under review by the Ministry of Labour, the Kiribati Chamber of Commerce and Industry and the Kiribati Trade Union Congress. The Government will inform the Committee on the outcome and measures taken as a result of these discussions. The Committee hopes that the review currently under way will lead to measures to modify the draft Act to Amend the Trade Unions and Employer Organisations Act, 1998, so as to introduce provisions which ensure adequate protection against acts of interference in the establishment and functioning of trade unions as well as rapid procedures and dissuasive sanctions in this respect, in accordance with Articles 2 and 3 of the Convention.

Article 4. The Committee notes with interest, that upon adoption of the Trade Unions and Employer Organisations Amendment Bill, section 41 of the Industrial Relations Code will be amended by introducing a comprehensive guarantee of the right to engage in collective bargaining over wages, terms and conditions of employment, the relations between the parties and other matters of mutual interest; this guarantee will apply to every trade union or group of trade unions and also cover public servants under the national conditions of service. Moreover, the amendment provides that regulations may be made generally for the effective exercise of the right to collective bargaining, recognition of most representative organizations and the regulation of collective agreements. The Committee requests the Government to indicate in its next report the progress made in the adoption of the draft amendment to section 41 of the Industrial Relations Code. It further requests the Government to specify the provisions which guarantee this right to federations and confederations and to indicate in the future any regulations adopted to promote the effective exercise of the right to collective bargaining.

Furthermore, the Committee’s previous comments concerned sections 7, 8, 9, 10, 12, 14 and 19 of the Industrial Relations Code, which allow referral of any trade dispute to compulsory arbitration at the request of one party or by decision of the authorities. The Committee is addressing this issue under Convention No. 87.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Application of the Convention. The Committee noted that section 3 of the Industrial Relations Code Act 1998 excludes prison officers from the application of the provision concerning collective labour disputes. The Committee reminds the Government that prison officers should enjoy the rights and guarantees enshrined in the Convention.

Article 1 of the Convention. The Committee noted that the protection against acts of anti-union discrimination exists only at the time of hiring, and that there is no protection provided for anti-union discrimination for membership and activities. Therefore, the Committee requests the Government to take measures to amend the legislation so as to ensure adequate protection against such acts of anti-union discrimination.

Article 2. The Committee noted that, in the national legislation, no specific legal provisions deal with the issue of mutual interference between employers’ and workers’ organizations. Consequently, the Committee requests the Government to take measures to amend the legislation in order to ensure adequate protection against acts of interference in accordance with Article 2 of the Convention.

Article 3. The Committee had requested the Government to take measures so that the legislation includes express provisions for appeals and establishes sufficiently dissuasive sanctions against: (1) acts of anti-union discrimination for membership or participation in activities of a trade union; and (2) acts of interference by employers against workers and workers’ organizations, through rapid procedures and dissuasive sanctions.

Article 4. The Committee noted that, according to the Government, there is no clear legislative recognition of the right of trade unions and employers to engage in collective bargaining, and no special machinery to promote the right to freely bargain collectively. According to a previous report of the Government, there were no collective agreements in existence for the time being. The Committee therefore requests the Government to adopt specific provisions in order to guarantee the right of collective bargaining (recognition of trade unions; rights of federations and confederations; collective bargaining procedures; settlement of disputes).

Moreover, the Committee noted that sections 7, 8, 9, 10, 12, 14 and 19 of the Industrial Relations Code allow referral of any trade dispute to compulsory arbitration at the request of one party or by decision of the authorities. The Committee recalls that compulsory arbitration to put an end to a trade dispute is only acceptable if it is at the request of both parties involved in a dispute, or in the case of disputes in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee requests the Government to amend the legislation so as to authorize compulsory arbitration only in the abovementioned cases.

The Committee noted that the Government is receiving ILO technical assistance and refers to a possible revision of the legislation. The Committee hopes that this assistance will produce results in the near future.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Application of the Convention. The Committee noted that section 3 of the Industrial Relations Code Act 1998 excludes prison officers from the application of the provision concerning collective labour disputes. The Committee reminds the Government that prison officers should enjoy the rights and guarantees enshrined in the Convention.

Article 1 of the Convention. The Committee noted that the protection against acts of anti-union discrimination exists only at the time of hiring, and that there is no protection provided for anti-union discrimination for membership and activities. Therefore, the Committee requests the Government to take measures to amend the legislation so as to ensure adequate protection against such acts of anti-union discrimination.

Article 2. The Committee noted that, in the national legislation, no specific legal provisions deal with the issue of mutual interference between employers’ and workers’ organizations. Consequently, the Committee requests the Government to take measures to amend the legislation in order to ensure adequate protection against acts of interference in accordance with Article 2 of the Convention.

Article 3. The Committee had requested the Government to take measures so that the legislation includes express provisions for appeals and establishes sufficiently dissuasive sanctions against: (1) acts of anti-union discrimination for membership or participation in activities of a trade union; and (2) acts of interference by employers against workers and workers’ organizations, through rapid procedures and dissuasive sanctions.

Article 4. The Committee noted that, according to the Government, there is no clear legislative recognition of the right of trade unions and employers to engage in collective bargaining, and no special machinery to promote the right to freely bargain collectively. According to a previous report of the Government, there were no collective agreements in existence for the time being. The Committee therefore requests the Government to adopt specific provisions in order to guarantee the right of collective bargaining (recognition of trade unions; rights of federations and confederations; collective bargaining procedures; settlement of disputes).

Moreover, the Committee noted that sections 7, 8, 9, 10, 12, 14 and 19 of the Industrial Relations Code allow referral of any trade dispute to compulsory arbitration at the request of one party or by decision of the authorities. The Committee recalls that compulsory arbitration to put an end to a trade dispute is only acceptable if it is at the request of both parties involved in a dispute, or in the case of disputes in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee requests the Government to amend the legislation so as to authorize compulsory arbitration only in the abovementioned cases.

The Committee noted that the Government is receiving ILO technical assistance and refers to a possible revision of the legislation. The Committee hopes that this assistance will produce results in the near future.

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

The Committee notes the Government’s first report.

Application of the Convention. The Committee notes that section 3 of the Industrial Relations Code Act 1998 excludes prison officers from the application of the provision concerning collective labour disputes. The Committee reminds the Government that prison officers should enjoy the rights and guarantees enshrined in the Convention.

Article 1 of the Convention. The Committee notes that the protection against acts of anti-union discrimination exists only at the time of hiring, and that there is no protection provided for anti-union discrimination for membership and activities. Therefore, the Committee requests the Government to take measures to amend the legislation so as to ensure adequate protection against such acts of anti-union discrimination.

Article 2. The Committee notes that, in the national legislation, no specific legal provisions deal with the issue of mutual interference between employers’ and workers’ organizations. Consequently, the Committee requests the Government to take measures to amend the legislation in order to ensure adequate protection against acts of interference in accordance with Article 2 of the Convention.

Article 3. The Committee requests the Government to take measures so that the legislation includes express provisions for appeals and establishes sufficiently dissuasive sanctions against: (1) acts of anti-union discrimination for membership or participation in activities of a trade union; and (2) acts of interference by employers against workers and workers’ organizations, through rapid procedures and dissuasive sanctions.

Article 4. The Committee notes that, according to the Government, there is no clear legislative recognition of the right of trade unions and employers to engage in collective bargaining, and no special machinery to promote the right to freely bargain collectively. According to the Government, there are no collective agreements in existence for the time being. The Committee therefore requests the Government to adopt specific provisions in order to guarantee the right of collective bargaining (recognition of trade unions; rights of federations and confederations; collective bargaining procedures; settlement of disputes).

Moreover, the Committee notes that sections 7, 8, 9, 10, 12, 14 and 19 of the Industrial Relations Code allow referral of any trade dispute to compulsory arbitration at the request of one party or by decision of the authorities. The Committee recalls that compulsory arbitration to put an end to a trade dispute is only acceptable if it is at the request of both parties involved in a dispute, or in the case of disputes in the public service involving public servants exercising authority in the name of the State, or in essential services in the strict sense of the term, namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee requests the Government to amend the legislation so as to authorize compulsory arbitration only in the abovementioned cases.

The Committee notes that the Government is receiving ILO technical assistance and refers to a possible revision of the legislation. The Committee hopes that this assistance will produce results in the near future.