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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Chad (Ratification: 1960)

The Committee notes the Government’s report. It notes the observations of 28 August 2007 from the International Trade Union Confederation (ITUC) referring to the situation of unionized workers in an enterprise in the petroleum sector already raised by the Committee in its previous observation. According to the ITUC, the security forces used violence against a protest by members of the Union of Trade Unions of Chad (UST) in the petroleum sector, there were reprisals against these workers (including dismissal of UST representatives), and the UST’s status as representative organization was withdrawn. The Committee reminds the Government that the rights of workers’ and employers’ organizations can be exercised only in a climate free from violence and from any kind of pressure or threat against the leaders and members of such organizations and that governments have a duty to enforce this principle. The Committee requests the Government to send its comments on these serious allegations in its next report.

In its earlier comments the Committee has raised the following matters.

Article 2 of the Convention. Right of workers and employers without distinction whatsoever to establish and join organizations without prior authorization. The Committee noted previously that, according to section 294(3) of the Labour Code, fathers, mothers or guardians may oppose the right to organize of young persons under the age of 16. In its report the Government indicates that section 294(3) should be amended in the course of the complete revision of the Labour Code and its alignment with the Uniform Act of the labour law of the OHADA and in the course of implementing the recommendations adopted following the Summit of the African Union on employment and poverty reduction. The Committee once again expresses the hope that section 294(3) of the Labour Code will shortly be amended to ensure that minors who have access to the labour market, whether as workers or apprentices, can exercise their right to organize without parental authorization. It asks the Government to indicate all progress made in this respect in its next report.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee noted previously that section 307 of the Labour Code continues to provide that the accounts and supporting documents for the financial transactions of trade unions must be submitted without delay to the labour inspector, when so requested. It pointed out that the public authorities’ supervision of union finances should be confined to an obligation to submit periodic reports. In its report, the Government indicates that no labour inspectors have supervised the financial management of trade unions and, furthermore, the Director of Labour and Social Security has ordered all labour inspectors and heads of labour offices not to carry out such supervision pending amendment of section 307 of the Labour Code. The Committee requests the Government to send a copy of the instructions issued by the Director of Labour and Social Security on supervision of the financial transactions of trade unions, and to indicate in its next report the amendments made to section 307 of the Labour Code.

In previous comments, the Committee asked the Government to provide information on the application in practice of Decree No. 96/PR/MFPT/94 of 29 April 1994 regulating the exercise of the right to strike in the public service. As the Committee points out, this Decree provides for a conciliation and arbitration procedure prior to the calling of a strike, and a compulsory minimum service in certain public services the interruption of which would result in extremely serious disruption of the life of the community. The Committee has pointed out before that the restriction or prohibition of the right to strike should be confined to instances where public servants exercise authority in the name of the State or to essential services in the strict sense of the term, that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or to acute national crises. Furthermore, in order to avoid damages which are irreversible or out of all proportion to the occupational interests of the parties to the dispute, as well as damage to third parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in other services which are of public utility. In its report, the Government indicates that the abovementioned Decree prompted such opposition that it has fallen into abeyance. It further indicates that a new draft decree to regulate the exercise of the right to strike in the public service – which will repeal the provisions of Decree No. 96/PR/MFPT/94 of 29 April 1994 – has been drafted and is currently under consideration by the Government. The Committee expresses the firm hope that the Government will take immediate measures to repeal or amend Decree No. 96/PR/MFPT/94 in order to ensure full observance of the principles of freedom of association in the exercise of the right to strike in the public service. It also asks the Government in its next report to send the implementing Decree (of 23 June 2003) of Act No. 017/PR/2001 issuing the General Public Service Regulations.