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

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

The Committee notes the information provided in the Government’s report.

For many years the Committee’s comments have focused on the following points:

–      section 9(1)(b) and (f) of the 1993 Industrial Relations Act conferring to the registrar discretionary power to refuse registration;

–      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 other things, “public order or the national economy”;

–      section 52(1)(b) provides for a cooling-off period of 60 days before a strike may begin; 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 that have violated these provisions.

The Committee notes the Government’s indication that the Industrial Relations Act of 1993 was reviewed in 1994 in light of the Committee’s observations and that, as a result, provision 9(1)(b) was repealed. In this respect, the Committee observes that the 1994 amendment of the Industrial Relations Act refers to section 9(1)(e) and not 9(1)(b). Moreover, the Committee notes the Government’s indication that there has been no instance where a trade union has been refused registration under provision 9(1)(b).

The Committee further notes the Government’s indication that section 9(1)(f) and a few other provisions commented upon by the Office fall short of the Convention’s requirements and that, as a result, the Employment Department in the Ministry of Economic Planning and Employment has started to undertake consultations with social partners and other stakeholders on the matter. The Committee notes the Government’s indication that it has already expressed its desire to avail itself of the technical assistance of the Office towards bringing the Industrial Relations Act into conformity with Convention No. 87. The Committee notes the Government’s statement to the effect that draft legislation is being prepared and will be sent to the Office in the not too distant future. The Committee expresses the hope that this draft legislation will take into account previous comments by the Committee and requests the Government to keep it informed of any progress in this respect.