Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Sao Tomé-et-Principe (Ratification: 1992)

The Committee takes note of the Government’s report. It notes the adoption of the new Constitution, Act No. 1/03, and of Act No. 4/2002 regulating the requisitioning of civilians and laying down the obligation to maintain minimum services in enterprises or establishments the purpose of which is to meet essential social needs.

1. Articles 3 and 10 of the Convention. The Committee notes that, in its report, the Government states that the Ministry of Labour has set up a drafting group to draw up the General Labour Act. The Committee trusts that the group will take full account of its earlier observations concerning the following points:

-  the majority required for calling a strike is too high (section 4 of Act No. 4/92);

-  with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter should be settled by an independent body and not by the employer (paragraph 4 of section 10 of Act No. 4/92);

-  the hiring of workers to perform essential services in order to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92);

-  compulsory arbitration for services which are not deemed essential (postal, banking and loans services) (section 11 of Act No. 4/92).

The Committee further notes the Government’s statement that the Ministry of Labour plans to refer the matter of the exercise of the right to strike to the National Committee for Social Cooperation. The Committee hopes that this will be a step towards the amendment of the legislation in order to bring it into conformity with the Convention, and requests the Government to keep it informed of developments in this area.

2. Article 2. The Committee again asks the Government to state whether public employees have the right to organize and to indicate the applicable legislation.

3. Article 6. The Committee again asks the Government to state whether federations and confederations are able to exercise the right to strike.