Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Equatorial Guinea (Ratification: 2001)

The Committee notes the Government’s report and the copy of Act No. 14 regulating the labour inspectorate.

Article 4. In its previous comments, the Committee noted the Government’s statement that because there was no trade union tradition in the country, no workers’ trade unions were yet in operation, and requested the Government to provide information on the measures taken to create conditions conducive to the establishment of trade unions. The Committee notes that, in its latest report, the Government indicates that four trade unions have applied for legal status and that only the Union of Smallholders has been granted such status, being the only one to comply with the legal requirements. The Committee observes, however, that the Government’s report contains no information on the measures taken to create conditions conducive to the establishment of trade unions. The Committee again points out that the existence of trade unions is a prerequisite for the provisions of Article 4 of the Convention to be applied, and requests the Government to adopt without delay the measures needed to create proper conditions for the establishment of trade unions.

Article 6. With regard to section 6 of Act No. 12/1992 of 1 October 1992, on trade unions and collective employment relations, which establishes that the organization of officials of the public administration will be regulated by a special Act, the Committee notes the Government’s indication that the Act has not as yet been adopted. The Committee again draws the Government’s attention to the principles referred to in the previous paragraph and requests the Government to take the necessary steps to have the abovementioned Act adopted without delay to ensure that public employees enjoy the right to organize, and to send detailed information on the application of the Convention in respect of public servants who are not engaged in the administration of the State.