Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Guyana (Ratification: 1967)

The Committee takes note of the Government’s report and in particular of the Public Utility Undertakings and Public Health Services Arbitration (amendment) Bill of 2006.

The Committee recalls that its previous comments referred to the need to amend the Public Utility Undertakings and Public Health Services Arbitration Act (cap. 54:01) which confers on the Minister broad powers to refer a dispute in the services listed in the schedule (which may be revised at the discretion of the Minister) to a tribunal for compulsory arbitration for services that go beyond those considered to be essential, and renders workers who take part in an illegal strike liable to a fine or imprisonment (section 19).

As regards cap. 54:01 and in particular the schedule listing the essential services, the Committee notes that while it has been considerably reduced with respect to the services included in it, it still contains some services that go beyond those the interruption of which would endanger the life, personal safety or health of the whole or part of the population. In fact, the dockage, wharfage, discharging, loading or unloading of vessels; the services provided by the Transport and Harbours Department and the National Drainage and Irrigation Board cannot be considered as essential services in the strict sense of the term. The Committee recalls, however, that the authorities may establish a system of minimum service in those services considered to be of public utility. In such case, these minimum services should be defined and established with the participation of workers’ and employers’ organizations.

As regards section 19, the Committee observes that the new Bill sets higher fines than those provided for in the previous Act and maintains the imprisonment for those workers who take part in an illegal strike. The Committee reminds the Government that by conferring on the Minister broad powers to refer to compulsory arbitration disputes in services, not all of which are essential, and by providing for sanctions (fine or imprisonment) in the event of an illegal strike, the Bill compromises the workers’ right to strike which the Committee considers to be one of the essential means available to them to protect their interests. The Committee asks the Government to take into account the previous comments, so as to ensure that the legislation to be adopted is in full conformity with the provisions of the Convention.

Concerning the comments made by the International Confederation of Free Trade Unions (ICFTU) in a communication dated 29 October 2003, the Committee notes that the Government did not send its observations. These comments refer to the abovementioned restrictions to the right to strike and to the change by the Government of the procedure for payment of union dues by public servants. Currently, the Guyana Public Services Union (GPSU) is required to ask individual members to resubmit authorization for the deduction of union dues in favour of the union, which is an expensive and time consuming process. Although the Committee regrets that the trade union organization was not consulted prior to the adoption of the new procedure in question, the Committee notes this does not violate the principles of freedom of association. The Committee notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2187 (see 332nd Report) and, in particular, its request to the Government to ensure that the deduction of trade union dues and their payment to the GPSU are carried out promptly and in full and to undertake consultations with the GPSU without delay in order to forward to the GPSU any contributions which have been retained. The Committee requests the Government to keep it informed of developments in this respect.