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

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

Referring to its previous comments, the Committee must reiterate its earlier concerns with respect to sections 19, 20 and 21 of the Industrial Courts Act 1976, which can be applied in practice to place a general prohibition on the right to strike, at the initiative of one party, as illustrated by Case No. 1296, examined by the Committee on Freedom of Association in March 1986. Under these provisions a trade dispute may be referred to the Court at any stage by the minister (section 19(1)) when he is informed of its existence, and by a party within ten days of such knowledge (section 19(2)); strikes and lock-outs are then prohibited. Furthermore, an injunction may be issued against a legal strike when national interest is threatened or affected (section 21(1)).

The Committee therefore requests once more the Government to re-examine its legislation in respect of the right to strike and to take measures to ensure that the settlement of disputes through conciliation does not lead to restrictions on the right to strike, which can be admitted only in respect of essential services in the strict sense of the term, that is to say the services whose interruption would endanger the life, personal safety or health of the whole or part of the population. As regards the provisions of the Act relating to compulsory arbitration which can be invoked by one of the parties, the Committee reiterates its view that these would be in conformity with the Convention where the arbitration award is to be accepted by both parties to the dispute and, failing agreement, if the workers still have the right to strike. With respect to the provisions allowing the issuance of an injunction putting an end to a legal strike, the Committee recalls that such measures can only be justified in situations of acute national crisis, and then only for a limited period.

As regards section 3 of the Public Order Act, 1972, under which no public meeting may be organised or held without a permit of the Chief of Police, the Committee takes due note of the Government's statement that permission is refused only if the Commissioner of Police has cause to believe that public order and safety may not be ensured, as provided furthermore by section 5(1) of the above-mentioned Acts. In addition, it also notes that the definition of "public march" exempts trade unions from obtaining a permit to organise a march in furtherance of a trade dispute or for the celebration of Labour Day.