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Effect given to the recommendations of the committee and the Governing Body
Effect given to the recommendations of the committee and the Governing Body- 56. The Committee last examined this case at its March 2014 meeting [see
371st Report, paras 570–579]. On that occasion it expressed the expectation that the
legislation and the accompanying regulations be effectively amended without delay so as
to bring them into full conformity with the principles of freedom of association and to
allow for trade union pluralism at all levels. The Committee also requested the
Government to keep it informed of the status of the labour law reform.
- 57. In a communication dated 18 March 2014 and 26 October 2015, the
Government recalled its explanations provided in response to the 368th Report of the
Committee, reiterated its request that the ILO and the Committee provide their proposals
on the current labour law amendment within the context of technical cooperation and
emphasized that these views would positively assist the Government in adapting the rules
and regulations according to international labour standards and freedom of association
principles.
- 58. In a communication dated 30 June 2015, the International Trade Union
Confederation (ITUC) indicated that in the context of this case, among others,
petitioners have raised a number of concerns regarding the failure of the Government to
allow workers to form and join unions of their own choosing, in law and in practice. The
complainant further indicated that numerous workers were precluded from forming or
joining a union of their choosing and those who tried to organize independent unions
were subjected to acts of violence, arrest and detention. In this respect the ITUC
raises specific examples relative to Case No. 2508. The ITUC adds that it is unaware of
any reforms to the labour law addressing the issues raised.
- 59. The Committee notes the information provided by the Government and
the complainant. It welcomes the Government’s indicated readiness to embrace its views
in adapting the applicable rules and regulations to freedom of association principles
and recalls that in its previous examination of this case it provided its views on the
draft Labour Law amendments submitted by the Government, notably with regard to the fact
that according to the proposed wording of section 135, the establishment of Islamic
labour councils comprising representatives of workers and the management is mandatory in
work units with more than 35 employees, but it is not clear how such councils will
interact with workers’ trade unions active at the same unit. The Committee further noted
that several sections of the proposed amendments refer to regulations which would be
prepared by the High Labour Council and approved by the Minister of Cooperatives, Labour
and Social Welfare or the Council of Ministers, and concluded that it was not thus clear
to what extent the Labour Law and the accompanying regulations would guarantee, in law
and in practice, the right of workers to come together and form organizations of their
own choosing, independently and with structures that permit their members to elect their
own officers, draw up and adopt their by-laws, organize their administration and
activities and formulate their programmes in the defence of workers’ interests without
interference from the public authorities. [See 371st Report, paras 575–577]. The
Committee observes that the Government has not provided any clarification on the
abovementioned points or any information on the subsequent developments of the labour
law reform process and requests the Government to keep it informed in this regard.
- 60. The Committee is bound to recall that, as no progress in legislative
reform has been reported, the framework established by the Labour Law of 1990 for the
formation and activities of workers’ and employers’ organizations and the relevant
regulations remains in force and recalls that it has urged the Government on numerous
occasions to amend this legal framework as a matter of urgency as it does not allow for
trade union pluralism and as such is not in conformity with the principles of freedom of
association [see 346th Report, Case No. 2508, para. 1191 and 350th Report, Case No.
2567, para. 1116]. The Committee notes with concern the information provided by the
complainant as to the practical consequences of the continued application of this legal
framework. In view of the foregoing, the Committee once again urges the Government to
take all the necessary measures to effectively and rapidly move forward the labour law
reform process with a view to bringing the law and practice into conformity with the
principles of freedom of association, in particular to allow for trade union pluralism
at enterprise, sector and national levels and invites the Government to avail itself of
the technical assistance of the Office in this respect.
