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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Tajikistan (Ratification: 1993)

The Committee notes that the Government's report has not been received.

The Committee once again requests the Government to supply the text of the Act on Public Associations of 12 December 1990 in order to enable it to examine its conformity with the principles of freedom of association.

The Committee also requests the Government to supply a copy of the Law of 29 June 1991 regulating the organization and holding of meetings, gatherings, street processions and manifestations, to which it referred in its report received in 1996.

The Committee requests the Government to indicate whether the Law on Trade Unions of 1992 also extends to employers as regards the right to organize.

Article 3 (Right of workers' and employers' organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities). Concerning article 4(1) of the Law on Trade Unions which provides that trade unions shall be independent in their activities and that any interference by state authorities shall not be permitted except in cases specified by law, the Committee requests the Government to provide information in its next report on which cases the state authorities are allowed to interfere with trade union activities.

Article 3 (Right to strike). Concerning article 211(3) of the Labour Code which provides that restrictions of the right to strike shall be subject to the provisions of legislation in force in Tajikistan, the Committee requests the Government to provide the text of the provisions relating to such restrictions. Furthermore, the Committee requests once again the Government to state whether the former provisions of the Penal Code which were at the time applicable in the USSR, and particularly section 190(3), which contained significant restrictions on the exercise of the right to strike in the transport sector, enforceable by severe sanctions, including sentences of imprisonment for up to three years, have been repealed by a specific text.

[The Government is asked to report in detail in 1999.]