Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Saint Lucia (Ratification: 1980)

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

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 2024, 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

The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of whatever information is at its disposal. The Committee recalls that it has been raising issues concerning the observance of the Convention in an observation and a direct request, with longstanding requests for information on the application of the rights guaranteed by the Convention with respect to fire service personnel, prison staff and public servants. Not having received any additional observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation and direct request adopted in 2020 and urges the Government to provide a full reply thereto. To this end, the Committee recalls that the Government may avail itself of the ILO’s technical assistance.

The Committee expects 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)

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 2023, 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

The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of whatever information is at its disposal. The Committee recalls that it has been raising issues concerning the observance of the Convention in an observation and a direct request, with longstanding requests for information on the application of the rights guaranteed by the Convention with respect to fire service personnel, prison staff and public servants.Not having received any additional observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation and direct request adopted in 2020 and urges the Government to provide a full reply thereto. To this end, the Committee recalls that the Government may avail itself of the ILO’s technical assistance.

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

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

The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of whatever information is at its disposal. The Committee recalls that it has been raising issues concerning the observance of the Convention in an observation and a direct request, with longstanding requests for information on the application of the rights guaranteed by the Convention with respect to fire service personnel, prison staff and public servants. Not having received any additional observations from the social partners, nor having at its disposal any indication of progress on these pending matters, the Committee refers to its previous observation and direct request adopted in 2020 and urges the Government to provide a full reply thereto. To this end, the Committee recalls that the Government may avail itself of the ILO’s technical assistance.

[The Government is asked to reply in full to the present comments in 2022.]

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, 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 2 of the Convention. Public service. Noting that section 3(2) of the Labour Act 2006 provides that the Act “shall not apply to the Crown or to a public servant except where expressly stated in this section or in any other provision of this Act”, the Committee requests the Government to indicate which are the relevant provisions of the national legislation which ensure that public servants benefit from the rights recognized in the Convention.

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

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 2021, then it will 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 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and to join organizations. For several years, noting that the “protective services” – which include the fire services and prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures to ensure the right to organize to fire service personnel and prison staff. The Committee notes that section 325 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to organize in the new legislation. Noting that the Government indicates in its report that the issue of the right to organize fire service personnel and prison staff would be raised with the Minister of Labour, and recalling previous indications that the workers of these services benefit in practice from this right, the Committee once again requests the Government to indicate the manner in which service personnel and prison staff are assured the organizational rights provided in the Convention.

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

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

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, 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 2 of the Convention. Public service. Noting that section 3(2) of the Labour Act 2006 provides that the Act “shall not apply to the Crown or to a public servant except where expressly stated in this section or in any other provision of this Act”, the Committee requests the Government to indicate which are the relevant provisions of the national legislation which ensure that public servants benefit from the rights recognized in the Convention.

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

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 2020, 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 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and to join organizations. For several years, noting that the “protective services” – which include the fire services and prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures to ensure the right to organize to fire service personnel and prison staff. The Committee notes that section 325 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to organize in the new legislation. Noting that the Government indicates in its report that the issue of the right to organize fire service personnel and prison staff would be raised with the Minister of Labour, and recalling previous indications that the workers of these services benefit in practice from this right, the Committee once again requests the Government to indicate the manner in which service personnel and prison staff are assured the organizational rights provided in the Convention.

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

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

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

Article 2 of the Convention. Public service. Noting that section 3(2) of the Labour Act 2006 provides that the Act “shall not apply to the Crown or to a public servant except where expressly stated in this section or in any other provision of this Act”, the Committee requests the Government to indicate which are the relevant provisions of the national legislation which ensure that public servants benefit from the rights recognized in the Convention.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2012.

Repetition

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and to join organizations. For several years, noting that the “protective services” – which include the fire services and prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures to ensure the right to organize to fire service personnel and prison staff. The Committee notes that section 325 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to organize in the new legislation. Noting that the Government indicates in its report that the issue of the right to organize fire service personnel and prison staff would be raised with the Minister of Labour, and recalling previous indications that the workers of these services benefit in practice from this right, the Committee once again requests the Government to indicate the manner in which service personnel and prison staff are assured the organizational rights provided in the Convention.

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

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

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012. 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 2 of the Convention. Public service. Noting that section 3(2) of the Labour Act 2006 provides that the Act “shall not apply to the Crown or to a public servant except where expressly stated in this section or in any other provision of this Act”, the Committee requests the Government to indicate which are the relevant provisions of the national legislation which ensure that public servants benefit from the rights recognized in the Convention.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2012. 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 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and to join organizations. For several years, noting that the “protective services” – which include the fire services and prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures to ensure the right to organize to fire service personnel and prison staff. The Committee notes that section 325 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to organize in the new legislation. Noting that the Government indicates in its report that the issue of the right to organize fire service personnel and prison staff would be raised with the Minister of Labour, and recalling previous indications that the workers of these services benefit in practice from this right, the Committee once again requests the Government to indicate the manner in which service personnel and prison staff are assured the organizational rights provided in the Convention.

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

The Committee expects 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)

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

Repetition

Article 2 of the Convention. Public service. Noting that section 3(2) of the Labour Act 2006 provides that the Act “shall not apply to the Crown or to a public servant except where expressly stated in this section or in any other provision of this Act”, the Committee requests the Government to indicate which are the relevant provisions of the national legislation which ensure that public servants benefit from the rights recognized in the Convention.

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 2016 which are of a general nature.

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

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and to join organizations. For several years, noting that the “protective services” – which include the fire services and prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures to ensure the right to organize to fire service personnel and prison staff. The Committee notes that section 325 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to organize in the new legislation. Noting that the Government indicates in its report that the issue of the right to organize fire service personnel and prison staff would be raised with the Minister of Labour, and recalling previous indications that the workers of these services benefit in practice from this right, the Committee once again requests the Government to indicate the manner in which service personnel and prison staff are assured the organizational rights provided in the Convention.

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 2015, published 105th ILC session (2016)

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

Repetition

Article 2 of the Convention. Public service. Noting that section 3(2) of the Labour Act 2006 provides that the Act “shall not apply to the Crown or to a public servant except where expressly stated in this section or in any other provision of this Act”, the Committee requests the Government to indicate which are the relevant provisions of the national legislation which ensure that public servants benefit from the rights recognized in the Convention.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015.

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

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and to join organizations. For several years, noting that the “protective services” – which include the fire services and prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures to ensure the right to organize to fire service personnel and prison staff. The Committee notes that section 325 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to organize in the new legislation. Noting that the Government indicates in its report that the issue of the right to organize fire service personnel and prison staff would be raised with the Minister of Labour, and recalling previous indications that the workers of these services benefit in practice from this right, the Committee once again requests the Government to indicate the manner in which service personnel and prison staff are assured the organizational rights provided in the Convention.

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 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Public service. Noting that section 3(2) of the Labour Act 2006 provides that the Act “shall not apply to the Crown or to a public servant except where expressly stated in this section or in any other provision of this Act”, the Committee requests the Government to indicate which are the relevant provisions of the national legislation which ensure that public servants benefit from the rights recognized in the Convention.

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

Article 2 of the Convention. Right of workers and employers to establish organizations of their own choosing. Minimum membership requirements. In its previous comments, the Committee had requested the Government to reduce the minimum founding membership requirement for trade unions and for employers’ organizations, which was set at 30 and ten, respectively (section 14 of the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999). The Committee notes with satisfaction that, with the entry into force of the Labour Act 2006 (which repeals the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999), on 1 August 2012, the minimum founding membership for a trade union and for an employers’ organization has been brought down to 20 and six respectively (section 335(3) of the Labour Act 2006).

Right of workers and employers, without distinction whatsoever, to establish and to join organizations. For several years, noting that the “protective services” – which include the fire services and prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, the Committee had requested the Government to take the necessary measures to ensure the right to organize to fire service personnel and prison staff. The Committee notes that section 325 of the Labour Act 2006 also excludes “protective services” (which according to section 2 of the Act include the fire service and the correctional services) from the scope of application of the provisions which are dealing with the right to organize in the new legislation. Noting that the Government indicates in its report that the issue of the right to organize fire service personnel and prison staff would be raised with the Minister of Labour, and recalling previous indications that the workers of these services benefit in practice from this right, the Committee once again requests the Government to indicate the manner in which service personnel and prison staff are assured the organizational rights provided in the Convention.

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

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

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and to join organizations of their own choosing and without previous authorization. For several years, the Committee had noted that the “protective services” – which comprise the fire services and prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, and had requested the Government to amend its legislation so as to ensure the right to organize for fire service personnel and prison staff. The Committee once again notes that the Government reiterates in its report that: (i) there has been no change in the scope of application of the Act; (ii) these workers still have the right to organize; and (iii) the comments of the Committee have been noted. In these circumstances, in order to conform to the practice, the Committee once again requests the Government to amend the legislation so as to expressly grant fire service personnel and prison staff the right to form and join unions.

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

The Committee notes that the Government did not provide any information concerning its previous comments in its report. It must therefore repeat its previous observation which read as follows:

Article 2 of the Convention. Right of workers and employers without distinction whatsoever, to establish and to join organizations of their own choosing and without previous authorization. Requirements for the establishment of an organization. In its previous comments, the Committee had noted that in a draft Labour Code the minimum founding membership for a trade union and for an employers’ organization had been reduced from 30 to 20 and from ten to six, respectively. It had requested the Government to keep it informed of new developments concerning the draft and to submit a copy of the Code. The Committee notes that the Government indicates that the draft Labour Code had passed into law but has been placed on hold by the new Government and that it is currently with the Attorney-General. The Committee again hopes that the new legislation will soon be applicable and requests the Government to submit a copy of the legislation with its next report.

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

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

Article 2 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and to join organizations of their own choosing and without previous authorization. For several years the Committee had noted that the “protective services” – which comprise the fire services and prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, and had requested the Government to amend its legislation so as to ensure the right to organize for fire service personnel and prison staff. The Committee once again notes that the Government reiterates in its report that there has been no change in the scope of application of the Act but that these workers have the right to organize. In order to conform to the practice, the Committee requests the Government to amend the legislation so as to expressly grant the fire service personnel and prison staff the right to form and join unions.

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

Article 2 of the Convention. Right of workers and employers without distinction whatsoever, to establish and to join organizations of their own choosing and without previous authorization. Requirements for the establishment of an organization. In its previous comments, the Committee had noted that in a draft Labour Code the minimum founding membership for a trade union and for an employers’ organization had been reduced from 30 to 20 and from ten to six, respectively. It had requested the Government to keep it informed of new developments concerning the draft and to submit a copy of the Code. The Committee notes that the Government indicates that the draft Labour Code had passed into law but has been placed on hold by the new Government and that it is currently with the Attorney-General. The Committee again hopes that the new legislation will soon be applicable and requests the Government to submit a copy of the legislation with its next report.

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

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:

Scope of application of the Act. In its previous comments, the Committee, noting that the “protective services” – which comprise the fire services and the prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, had requested the Government to amend its legislation so as to ensure the right to organize for fire service personnel and prison staff. The Committee had noted the Government’s reply to the effect that the draft Labour Code still includes these categories of personnel in the protective services but that these workers have the right to organize and that they have formed the St Lucia Fire Service Association and the St Lucia Prisons Association. The Government indicated that the fire service took industrial action in 2006. In order to conform to the practice, the Committee requests the Government to amend the legislation so as to expressly grant the fire service personnel and prison staff the right to form and join unions.

Article 2 of the Convention. In its previous comments, the Committee had noted that the minimum founding membership for a trade union and for an employers’ organization had been reduced to 20 and six, respectively. It had requested the Government to keep it informed of new developments in this respect and to submit the draft text of the Labour Code. The Committee had noted that the Government indicated that the draft Labour Code had passed into law but then put on hold by the new Government in view of reopening negotiations in some areas. The Committee hopes that the new legislation will soon be applicable and requests the Government to submit a copy of the legislation with its next report.

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

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

Scope of application of the Act. In its previous comments, the Committee, noting that the “protective services” – which comprise the fire services and the prison officers – were excluded from the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999, had requested the Government to amend its legislation so as to ensure the right to organize for fire service personnel and prison staff. The Committee takes note of the Government’s reply to the effect that the draft Labour Code still includes these categories of personnel in the protective services but that these workers have the right to organize and that they have formed the St Lucia Fire Service Association and the St Lucia Prisons Association. The Government adds that the fire service took industrial action in 2006. In order to conform to the practice, the Committee requests the Government to amend the legislation so as to expressly grant the fire service personnel and prison staff the right to form and join unions.

Article 2 of the Convention. In its previous comments, the Committee had noted that the minimum founding membership for a trade union and for an employers’ organization had been reduced to 20 and six, respectively. It had requested the Government to keep it informed of new developments in this respect and to submit the draft text of the Labour Code. The Committee takes note of the reply of the Government which indicates that the draft Labour Code has been passed into law but then put on hold by the new Government in view of reopening negotiations in some areas. The Committee hopes that the new legislation will soon be applicable and requests the Government to submit a copy of the legislation with its next report.

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

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:

Scope of application of the Act. In its previous comments, the Committee had requested specifications on the workers included in the “protective services” (section 3 of the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999) who were excluded from the Act. The Committee recalls that the Convention only permits exclusions from its provisions in respect of the police and armed forces. The Committee is of the opinion that functions exercised by service personnel and prison staff should not justify their exclusion from the right to organize, but that restrictions imposed as regards the means of exerting pressure (such as restrictions on the right to strike) are another matter altogether (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 56). Therefore, the Committee requests the Government to amend its legislation to ensure the right to organize for fire service personnel and prison staff.

Article 2 of the Convention. In its previous comments, the Committee had noted that the minimum founding membership for a trade union (30) and for an employers’ organization (ten) should be reduced to a reasonable level so that the establishment of organizations is not hindered. The Committee had noted that these numbers have been revised in the draft Labour Code and reduced to 20 and six, respectively. The Committee requests the Government to keep it informed of developments in this respect and to submit the draft text with its next report.

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

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:

Scope of application of the Act. In its previous comments, the Committee had requested specifications on the workers included in the "protective services" (section 3 of the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999) who were excluded from the Act. The Committee recalls that the Convention only permits exclusions from its provisions in respect of the police and armed forces. The Committee is of the opinion that functions exercised by service personnel and prison staff should not justify their exclusion from the right to organize, but that restrictions imposed as regards the means of exerting pressure (such as restrictions on the right to strike) are another matter altogether (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 56). Therefore, the Committee requests the Government to amend its legislation to ensure the right to organize for fire service personnel and prison staff.

Article 2 of the Convention. In its previous comments, the Committee had noted that the minimum founding membership for a trade union (30) and for an employers’ organization (ten) should be reduced to a reasonable level so that the establishment of organizations is not hindered. The Committee had noted that these numbers have been revised in the draft Labour Code and reduced to 20 and six, respectively. The Committee requests the Government to keep it informed of developments in this respect and to submit the draft text with its next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

Scope of application of the Act. In its previous comments, the Committee had requested specifications on the workers included in the "protective services" (section 3 of the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999) who were excluded from the Act. In its latest report, the Government states that the workers included in the protective services are the Royal St. Lucia Police Force, the Port Police, the Fire Service and Her Majesty’s Prison. The Committee recalls that the Convention only permits exclusions from its provisions in respect of the police and armed forces. The Committee is of the opinion that functions exercised by service personnel and prison staff should not justify their exclusion from the right to organize, but that restrictions imposed as regards the means of exerting pressure (such as restrictions on the right to strike) are another matter altogether (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 56). Therefore, the Committee requests the Government to amend its legislation to ensure the right to organize for fire service personnel and prison staff.

Article 2 of the Convention. In its previous comments, the Committee had noted that the minimum founding membership for a trade union (30) and for an employers’ organization (ten) should be reduced to a reasonable level so that the establishment of organizations is not hindered. The Committee notes with interest that, according to the Government, these numbers have been revised in the draft Labour Code and reduced to 20 and six, respectively. The Committee requests the Government to keep it informed of developments in this respect and to submit the draft text with its next report.

Article 4. Dissolution and suspension by administrative authority. In its previous report, the Committee requested the Government to indicate the measures taken or envisaged to ensure that the tribunal competent for reviewing any suspension or withdrawal of registration is an independent and impartial judicial body which is competent to examine the substance of the case, and to ensure that any judicial review of such matters results in the suspension of the administrative decision until the final judgment has been handed down. The Committee notes with interest the Government’s latest response that section 17(3) of the Act makes provision for appeal by the union and the Act indicates that the tribunal would give an order to re-establish any suspension or withdrawal of registration, which, according to the Government, means that the Registrar’s decision would hold pending the decision of the tribunal. The Government further mentioned that the draft Labour Code also gave the tribunal power to determine the matter. The Committee thus understands from the Government’s latest report that the Registrar’s decisions in such cases are suspended unless and until confirmed by the competent tribunal.

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

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

Scope of application of the Act. In its previous comments, the Committee had requested specifications on the workers included in the "protective services" (section 3 of the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999) who were excluded from the Act. In its latest report, the Government states that the workers included in the protective services are the Royal St. Lucia Police Force, the Port Police, the Fire Service and Her Majesty’s Prison. The Committee recalls that the Convention only permits exclusions from its provisions in respect of the police and armed forces. The Committee is of the opinion that functions exercised by service personnel and prison staff should not justify their exclusion from the right to organize, but that restrictions imposed as regards the means of exerting pressure (such as restrictions on the right to strike) are another matter altogether (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 56). Therefore, the Committee requests the Government to amend its legislation to ensure the right to organize for fire service personnel and prison staff.

Article 2 of the Convention. In its previous comments, the Committee had noted that the minimum founding membership for a trade union (30) and for an employers’ organization (ten) should be reduced to a reasonable level so that the establishment of organizations is not hindered. The Committee notes with interest that, according to the Government, these numbers have been revised in the draft Labour Code and reduced to 20 and six, respectively. The Committee requests the Government to keep it informed of developments in this respect and to submit the draft text with its next report.

Article 4. Dissolution and suspension by administrative authority. In its previous report, the Committee requested the Government to indicate the measures taken or envisaged to ensure that the tribunal competent for reviewing any suspension or withdrawal of registration is an independent and impartial judicial body which is competent to examine the substance of the case, and to ensure that any judicial review of such matters results in the suspension of the administrative decision until the final judgment has been handed down. The Committee notes with interest the Government’s response that section 17(3) of the Act makes provision for appeal by the union and the Act indicates that the tribunal would give an order to re-establish any suspension or withdrawal of registration, which, according to the Government, means that the Registrar’s decision would hold pending the decision of the tribunal. The Government further mentions that the draft Labour Code also gives the tribunal power to determine the matter. The Committee thus understands from the Government’s report that the Registrar’s decisions in such cases are suspended unless and until confirmed by the competent tribunal.

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

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:

The Committee took note of the adoption of the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999 (the Act). The Committee also noted that a draft Labour Code was in the process of being prepared with ILO assistance.

  Scope of application of the Act. The Committee notes that "employee" has been defined to include a "dependent contractor", that is, those in a position of economic dependence with respect to the person for whom they are performing work (section 2), thus resulting in a welcome broadening of coverage of the rights in the legislation. Noting that the only group expressly excluded from the Act includes members of the protective services (section 3), the Committee requests the Government to indicate specifically the workers considered to be included in this group and recalls that the Convention only permits exclusions from its provisions in respect of the police and armed forces.

  Article 2 of the Convention. The Committee notes that, under section 14 of the Act, the minimum founding membership for a trade union is 30 and for an employers’ organization is ten. Given the size of the country and the fact that the trade union structure is based on enterprise unions, the Committee is of the view that this requirement could in practice result in workers and employers being denied the right to form organizations of their own choosing. The Committee considers that this number should be reduced to a reasonable level so that the establishment of organizations is not hindered (see General Survey on freedom of association and collective bargaining, 1994, paragraph 81).

  Article 3. 1. The right of workers’ organizations to draw up their constitutions and rules free from interference. With respect to amendments to the constitution of an organization, which are to be submitted to the Registrar (sections 14 and 16), the Committee requests that the Government clarify whether the appeal provision under section 14(6) also applies in the case of a refusal to register amendments to the Constitution.

2. The right of workers’ organizations to organize their activities. The Committee notes that pursuant to section 18, registered organizations are immune from civil proceedings in respect of any act done in good faith by or on behalf of the organization in furtherance of the objects of its constitution. Noting that under the Trade Unions and Trade Disputes Ordinance, 1959, which is repealed by the Act, there was specific immunity from criminal conspiracy for agreements or acts in contemplation or furtherance of a trade dispute (section 38), the Committee requests that the Government give information on the protection against potential criminal liability of organizations, such as for criminal conspiracy in furtherance of a trade dispute.

  Article 4. Noting that the Registrar may suspend or withdraw registration for failure to submit an annual return (section 17), the Committee recalls that it is preferable for legislation not to allow dissolution or suspension of workers’ and employers’ organizations by administrative authority, but if it does, the organization affected by such measures must have the right of appeal to an independent and impartial judicial body which is competent to examine the substance of the case, to study the grounds for the administrative measure and, where appropriate, to rescind such measure; moreover, the administrative decision should not take effect until a final decision is handed down (see 1994 General Survey, paragraph 185). The Committee requests the Government to indicate in its next report the measures taken or envisaged to ensure that the tribunal competent for reviewing any suspension or withdrawal of registration has the abovementioned powers and, in particular, to ensure that any judicial review of such matters results in the suspension of the administrative decision until the final judgement has been handed down.

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

The Committee notes with interest the adoption of the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999 (the Act). The Committee also notes that a draft Labour Code is in the process of being prepared with ILO assistance.

Scope of application of the Act. The Committee notes with interest that "employee" has been defined to include a "dependent contractor", that is, those in a position of economic dependence with respect to the person for whom they are performing work (section 2), thus resulting in a welcome broadening of coverage of the rights in the legislation. Noting that the only group expressly excluded from the Act includes members of the protective services (section 3), the Committee requests the Government to indicate specifically the workers considered to be included in this group and recalls that the Convention only permits exclusions from its provisions in respect of the police and armed forces.

Article 2 of the Convention. The Committee notes that, under section 14 of the Act, the minimum founding membership for a trade union is 30 and for an employers’ organization is ten. Given the size of the country and the fact that the trade union structure is based on enterprise unions, the Committee is of the view that this requirement could in practice result in workers and employers being denied the right to form organizations of their own choosing. The Committee considers that this number should be reduced to a reasonable level so that the establishment of organizations is not hindered (see General Survey on freedom of association and collective bargaining, 1994, paragraph 81).

Article 3. 1. The right of workers’ organizations to draw up their constitutions and rules free from interference. With respect to amendments to the constitution of an organization, which are to be submitted to the Registrar (sections 14 and 16), the Committee requests that the Government clarify whether the appeal provision under section 14(6) also applies in the case of a refusal to register amendments to the Constitution.

2. The right of workers’ organizations to organize their activities. The Committee notes that pursuant to section 18, registered organizations are immune from civil proceedings in respect of any act done in good faith by or on behalf of the organization in furtherance of the objects of its constitution. Noting that under the Trade Unions and Trade Disputes Ordinance, 1959, which is repealed by the Act, there was specific immunity from criminal conspiracy for agreements or acts in contemplation or furtherance of a trade dispute (section 38), the Committee requests that the Government give information on the protection against potential criminal liability of organizations, such as for criminal conspiracy in furtherance of a trade dispute.

Article 4. Noting that the Registrar may suspend or withdraw registration for failure to submit an annual return (section 17), the Committee recalls that it is preferable for legislation not to allow dissolution or suspension of workers’ and employers’ organizations by administrative authority, but if it does, the organization affected by such measures must have the right of appeal to an independent and impartial judicial body which is competent to examine the substance of the case, to study the grounds for the administrative measure and, where appropriate, to rescind such measure; moreover, the administrative decision should not take effect until a final decision is handed down (see 1994 General Survey, paragraph 185). The Committee requests the Government to indicate in its next report the measures taken or envisaged to ensure that the tribunal competent for reviewing any suspension or withdrawal of registration has the abovementioned powers and, in particular, to ensure that any judicial review of such matters results in the suspension of the administrative decision until the final judgement has been handed down.

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

The Committee notes with satisfaction the adoption of the Registration, Status and Recognition of Trade Unions and Employers’ Organizations Act, 1999 (the Act). It notes, in particular, the limitation now placed on the power of the Registrar to inspect trade union accounts, which had been requested by the Committee in its previous comments.

The Committee regrets, however, that once again the Government’s report has not been received.

The Committee has addressed comments concerning other aspects of the Act directly to the Government.

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

The Committee notes with regret that for the eighth year in succession, the Government's report has not been received.

It recalls that its previous comments concerned the need to amend sections 18(7) and 19 B(2) of the Trade Unions and Trade Disputes Ordinance of 1959 which provide that the Registrar may "at any time by an order in writing" inspect trade union accounts, by restricting their application to cases of presumed infringements coming to light from the presentation of annual financial reports or to cases of complaints by members of the union. The Committee had noted from the Government's report of 1991 that it had planned to review its labour legislation, with the assistance of the ILO, in order to bring it into conformity with ratified Conventions. It urges once again the Government to indicate in its report the measures that it has taken to bring the legislation into conformity with Article 3 of the Convention and national practice.

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

The Committee notes with regret that for the seventh year in succession 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 comment which read as follows:

With reference to its previous comments on the need to amend sections 18(7) and 19 B(2) of the Trade Unions and Trade Disputes Ordinance of 1959 which confer discretionary power on the Registrar to inspect trade union accounts, by restricting their application to cases of presumed infringements coming to light from the presentation of annual financial reports or to cases of complaints by members of the union, the Committee noted from the Government's report of 1991 that it had planned to review its labour legislation, with the assistance of the ILO, in order to harmonize it with ratified Conventions. It asked the Government to indicate in its next report the measures that it had taken to bring the legislation into conformity with Article 3 of the Convention and national practice.

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

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that for the sixth year in succession 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 comment which read as follows:

With reference to its previous comments on the need to amend sections 18(7) and 19 B(2) of the Trade Unions and Trade Disputes Ordinance of 1959 which confer discretionary power on the Registrar to inspect trade union accounts, by restricting their application to cases of presumed infringements coming to light from the presentation of annual financial reports or to cases of complaints by members of the union, the Committee notes from the Government's report of 1991 that it planned to review its labour legislation, with the assistance of the ILO, in order to harmonize it with ratified Conventions. It asked the Government to indicate in its next report the measures that it had taken to bring the legislation into conformity with Article 3 of the Convention and national practice.

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

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

The Committee notes with regret that for the fifth year in succession 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 comment which read as follows:

With reference to its previous comments on the need to amend sections 18(7) and 19 B(2) of the Trade Unions and Trade Disputes Ordinance of 1959 which confer discretionary power on the Registrar to inspect trade union accounts, by restricting their application to cases of presumed infringements coming to light from the presentation of annual financial reports or to cases of complaints by members of the union, the Committee notes the Government's report which states that it plans to review its labour legislation, with the assistance of the ILO, in order to harmonize it with ratified Conventions. It asks the Government to indicate in its next report the measures that it has taken to bring the legislation into conformity with Article 3 of the Convention and national practice.

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

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

The Committee notes with regret that for the third year in succession 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:

With reference to its previous comments on the need to amend sections 18(7) and 19 B(2) of the Trade Unions and Trade Disputes Ordinance of 1959 which confer discretionary power on the Registrar to inspect trade union accounts, by restricting their application to cases of presumed infringements coming to light from the presentation of annual financial reports or to cases of complaints by members of the union, the Committee notes the Government's report which states that it plans to review its labour legislation, with the assistance of the ILO, in order to harmonize it with ratified Conventions. It asks the Government to indicate in its next report the measures that it has taken to bring the legislation into conformity with Article 3 of the Convention and national practice.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that for the fourth year in succession 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:

With reference to its previous comments on the need to amend sections 18(7) and 19 B(2) of the Trade Unions and Trade Disputes Ordinance of 1959 which confer discretionary power on the Registrar to inspect trade union accounts, by restricting their application to cases of presumed infringements coming to light from the presentation of annual financial reports or to cases of complaints by members of the union, the Committee notes the Government's report which states that it plans to review its labour legislation, with the assistance of the ILO, in order to harmonize it with ratified Conventions. It asks the Government to indicate in its next report the measures that it has taken to bring the legislation into conformity with Article 3 of the Convention and national practice.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that for the second year in succession 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:

With reference to its previous comments on the need to repeal or amend sections 18(7) and 19 B(2) of the Trade Unions and Trade Disputes Ordinance of 1959 which confer discretionary power on the Registrar to inspect trade union accounts, the Committee notes the Government's report which states that it plans to review its labour legislation, with the assistance of the ILO, in order to harmonize it with ratified Conventions. It asks the Government to indicate in its next report the measures that it has taken to bring the legislation into conformity with Article 3 of the Convention and national practice.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee 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:

With reference to its previous comments on the need to repeal or amend sections 18(7) and 19 B(2) of the Trade Unions and Trade Disputes Ordinance of 1959 which confer discretionary power on the Registrar to inspect trade union accounts, the Committee notes the Government's report which states that it plans to review its labour legislation, with the assistance of the ILO, in order to harmonize it with ratified Conventions. It asks the Government to indicate in its next report the measures that it has taken to bring the legislation into conformity with Article 3 of the Convention and national practice.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous comments on the need to repeal or amend sections 18(7) and 19 B(2) of the Trade Unions and Trade Disputes Ordinance of 1959 which confer discretionary power on the Registrar to inspect trade union accounts, the Committee notes the Government's report which states that it plans to review its labour legislation, with the assistance of the ILO, in order to harmonise it with ratified Conventions. It asks the Government to indicate in its next report the measures that it has taken to bring the legislation into conformity with Article 3 of the Convention and national practice.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

As regards sections 18(7) and 19B(2), of the Trade Unions and Trade Disputes Ordinance of 1959, as amended in 1974, which confer on the Registrar a right of inspection, at his discretion, over the accounts of the trade unions, the Committee pointed out in its previous direct request that these provisions ought, in order to be in conformity with the Convention, to be either repealed or amended by restricting their application to cases of presumed irregularities coming to light from the presentation of the annual financial report provided for by section 19B(1), or to cases of complaints by members of the union and, furthermore, that there should be a provision specifying that every verification shall be subject to re-examination by the competent judicial authority.

The Committee notes the Government's assertion that, in practice, the Registrar only exercises his right to investigate unions' books where there is reason for suspicion arising out of representations made by union members. The Committee none the less reiterates the need for the above-mentioned amendments and asks the Government to indicate in its next report the measures taken to bring the legislation into conformity with the Convention and this practice.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous request the Committee notes the information provided in the report of the Government.

As regards sections 18(7) and 19B(2), of the Trade Unions and Trade Disputes Ordinance of 1959, as amended in 1974, which confer on the Registrar a right of inspection, at his discretion, over the accounts of the trade unions, the Committee pointed out in its previous direct request that these provisions ought, in order to be in conformity with the Convention, to be either repealed or amended by restricting their application to cases of presumed irregularities coming to light from the presentation of the annual financial report provided for by section 19B(1), or to cases of complaints by members of the union and, furthermore, that there should be a provision specifying that every verification shall be subject to re-examination by the competent judicial authority.

The Committee notes the Government's assertion that, in practice, the Registrar only exercises his right to investigate unions' books where there is reason for suspicion arising out of representations made by union members. The Committee none the less reiterates the need for the above-mentioned amendments and asks the Government to indicate in its next report the measures taken to bring the legislation into conformity with the Convention and this practice.