Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Papua New Guinea (Ratification: 2000)

The Committee takes note of the information contained in the Government’s report. It notes in particular that the Government has undertaken a major review of all labour legislations, commencing with the Industrial Relations Bill of 2003, which is to consolidate the Industrial Relations Act, the Industrial Organizations Act, the Public Service Conciliation and Arbitration Act and the Teaching Service Conciliation and Arbitration Act. The Committee trusts that this consolidation will take into account its previous comments on the following legislative provisions.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing and without previous authorization. The Committee requested that the Government repeal section 35(2)(b) of the Industrial Organizations Act and delete section 98(2)(b) of the draft Industrial Relations Act, both of which provided that a person who is "of general bad character is not qualified for admission as a member of an industrial organization".

The Committee also requested the Government to repeal section 22(1)(g) of the Industrial Organizations Act and delete section 86(1)(g) of the draft Industrial Relations Act, both of which allowed the registrar to refuse to register an organization when "some other industrial organization, whether registered or the subject of an application for registration, is sufficiently representative of the whole or a substantial proportion of the interests in respect of which the applicants seek registration of an industrial organization".

In addition, the Committee requested the Government to amend section 55 of the Industrial Organizations Act and delete section 118 of the draft Industrial Relations Act, both of which allow for the cancellation of an organization’s registration as a penalty for prohibited payments.

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. The Committee requested the Government to amend section 39(1)(b) and (d) of the Industrial Organizations Act and section 102(1)(b) and (d) of the draft Industrial Relations Act - both of which prevent a person who is not engaged in the industry or occupation with which the organization is directly concerned and who is not a member of the organization, from being an officer of that organization unless the registrar in his discretion so permits - by ensuring that the provisions were more flexible.

The Committee requested the Government to repeal section 39(4) of the Industrial Organizations Act and delete section 102(5) of the draft Industrial Relations Act, both of which allow the registrar to remove from office any union secretary or treasurer who, in his opinion, is not capable of performing his or her duties, in order to ensure that public authorities refrain from any interference in the internal administration of industrial organizations.

The Committee requested the Government to amend sections 5(1), 40, 58 and 60(1)(b) of the Industrial Organizations Act, sections 22 and 23(1) of the Industrial Relations Act, and delete sections 103, 121, and 123 of the draft Industrial Relations Act - all of which grant excessive powers to the registrar to investigate union accounts and demand information - so as to ensure that the powers vested on the inspector and registrar do not amount to interference in the organization’s administration.

The Committee noted that the compulsory arbitration procedure, provided for in section 30 of the Industrial Relations Act, was not compatible with the Convention and requested the Government to provide more information on its use in practice and the effective exercise of the right to strike in the country.

The Committee requests the Government to provide it with a copy of the new Industrial Relations Act as soon as it is adopted, as well as copies of any other relevant legislation in connection with the application of the provisions of the Convention and, in particular, any law which regulates or concerns the right to strike.