Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes that no report has been received from the Government.

Article 4 of the Convention. 1. Collective bargaining. The Committee notes the comments made by the International Trade Union Confederation (ITUC), dated 28 August 2007, referring in particular to the impossibility of establishing any trade union organization which the authority considers to be “too independent”. The Committee emphasizes once again that the existence of trade unions is a prerequisite for the application of the Convention and for exercising the right to collective bargaining. The Committee urges the Government once again to adopt without delay the necessary measures to create appropriate conditions for the establishment of trade unions which can engage in collective bargaining with a view to regulating conditions of employment. The Committee reminds the Government that it may avail itself of the technical assistance of the Office.

2. The Committee also recalls that in its previous observation it noted that section 6 of Act No. 12/1992 on trade unions and collective labour relations provides that the organization of officials of the public administration shall be regulated by a special Act and that the Act has not yet been adopted. The Committee requests the Government once again to indicate whether the special Act has been adopted and ensures public officials’ right to organize, and to provide detailed information on the application of the Convention with regard to public officials who are not engaged in the administration of the State.

3. The Committee requests the Government to reply to the comment by the ITUC to the effect that no provisions exist for protecting workers against acts of anti-union discrimination.

[The Government is asked to supply full particulars to the Conference at its 97th Session and to reply in detail to the present comments in 2008.]