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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ghana (Ratification: 1965)

The Committee notes the Government's reports as well as the two memoranda submitted by the National Advisory Committee on Labour (NACL) to the Minister for Employment and Social Welfare concerning amendments to the Industrial Relations Act of 1965 and the Trade Unions Ordinance of 1941.

The Committee recalls that its previous comments concerned the following points:

-- the extensive powers of the Registrar to oppose the registration of a trade union (sections 11(3) and 12(1) of the Trade Unions Ordinance, 1941), contrary to Article 2 of the Convention;

-- the wide powers of the Registrar to refuse to recognize a trade union as a representative in collective negotiations (section 3(4) of the Industrial Relations Act, No. 299 of 1965), contrary to Article 3;

-- the absence of provisions on the right to form and join federations and confederations and the right to join international organizations of workers and employers, contrary to Article 5.

The Committee notes with interest that the NACL, in its memorandum of 8 September 1993, recommends that sections 11(3) and 12(1)(d) of the Trade Unions Ordinance be amended and repealed, respectively, so that the Registrar no longer has extensive powers to oppose the registration of a trade union.

It further notes that the NACL, in its memorandum of 29 July 1993, recommends that section 3(4) of the Industrial Relations Act be amended so as to enable the Registrar to issue collective bargaining certificates to unions and other workers' organizations with two-thirds majority membership of organizations nationwide. Nevertheless, the Committee considers that this amendment would not be sufficient to ensure the full respect of the right of unions to organize their activities as provided for in Article 3 of the Convention.

The Committee observes that neither of these two memoranda contain recommendations in respect of provisions on the right to form and join federations and confederations and the right to join international organizations of workers and employers. It notes, however, from the Government's report that the Ghana Trades Union Congress (TUC) and its 17 national unions are affiliated to the International Confederation of Free Trade Unions (ICFTU) and the Organization of African Trade Union Unity (OATUU). Furthermore, each of the 17 national unions is affiliated to the trade secretariats of international trade union organizations. On the employers' side, the Ghana Employers' Association is affiliated to the International Organization of Employers and the Pan-African Confederation. Finally, the Government mentions that a new trade union federation - the Textile, Garment and Leather Employees' Union Ghana (TGLEU) - was recently registered and is not affiliated to the Trades Union Congress. Currently, seven collective bargaining certificates have been issued to affiliates of the TGLEU.

The Committee would request the Government to keep it informed of any developments concerning the adoption of these memoranda and consequently, the enactment of the proposed amended provisions of its national legislation.