Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Seychelles (Ratification: 1978)

The Committee takes note of the Government’s report. It notes in particular the Government’s indication that steps have already been taken to bring all the comments that were raised in the past before the National Tripartite Employment and Labour Council (NTELC). It further notes that the Government has approached the Office for assistance with regard to a national programme entitled Consolidating Rights at Work and Labour Relations in Seychelles in which revision of labour laws is one of the major programmes to be implemented.

The Committee recalls that its previous comments concerned the following:

Articles 2 and 3 of the Convention. Legislative restrictions on the right of workers to establish organizations of their own choosing without previous authorization, and on the right of workers’ organizations to formulate their programme of action to further and defend the professional interests of their members without interference by the public authorities. The Committee had noted that the conditions set out in section 9(1)(b) of the Industrial Relations Act of 1993, for the compulsory registration of trade unions, confer on the Registrar a discretionary power to refuse registration. The Committee further notes that the Registrar may refuse to register a trade union under section 9(1)(f) of the Act if its constitution does not contain adequate provision, or it is not organized to provide adequately, for  the protection and promotion of the interests of its members in every trade which it purports to represent. The Committee recalls that workers’ organizations have the right to draw up their constitutions and their rules and that public authorities should refrain from any interference which would restrict this right, and thus requests once again the Government to keep it informed in its next reports of any instance where the Registrar has refused registration under sections 9(1)(b) or 9(1)(f).

Articles 3 and 10. The right to strike. The Committee recalls that it has been commenting for several years on the following points:

-  section 52(1)(a)(iv) stipulates that a strike has to be approved by two-thirds of union members present and voting at the meeting called for the purpose of considering the issue;

-  section 52(4) allows the Minister to declare a strike to be unlawful if he is of the opinion that its continuance would endanger, amongst others, "public order or the national economy";

-  section 52(1)(b) provides for a cooling-off period of 60 days before a strike may commence; and

-  certain prohibitions of, or restrictions on, the right to strike, which may or may not be in conformity with the principles of freedom of association, sometimes provide for civil or penal sanctions against strikers and trade unions who have violated these provisions.

The Committee once again requests the Government to keep it informed of the measures taken or envisaged to amend sections 52(1)(a)(iv), 52(1)(b), 52(4) and 56(1)(a) and (b) in order to bring its legislation into conformity with the provisions of the Convention.