Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee takes note of the comments submitted by the International Trade Union Confederation (ITUC) on 29 August 2008 as well as the comments submitted by the Congress of Trade Union and Staff Associations of Barbados indicating that legislation commented upon by the Committee remains in place.

The Committee recalls that for numerous years it has advised the Government to amend section 4 of the Better Security Act 1920, according to which any person who wilfully breaks a contract of service or hiring, knowing that this could endanger real or personal property, is liable to a fine or up to three months’ imprisonment, so as to eliminate the possibility of employers invoking it in a case of future strikes. The Committee notes the statement in the Government’s report that section 4 of the Better Security Act 1920, has not been invoked in the case of a strike. The Committee recalls that if this provision is applicable in the case of a strike, it should be amended so that such penalties may only be imposed with respect to essential services in the strict sense of the term, namely those services the interruption of which would endanger the life, personal health or safety of the whole or part of the population, and that the sanctions should not be disproportionate to the seriousness of the violations. Once again, the Committee strongly urges the Government to take the necessary measures in order to amend the Act in the very near future to bring it into conformity with the Convention. The Committee requests the Government to indicate in its next report any measures taken in this regard.

Furthermore, the Committee has been requesting the Government since 1998 to provide information on developments in the process of reviewing legislation regarding trade union recognition, to which the Government had referred. The Committee notes that the Government indicates that no further action has been taken. The Committee requests the Government to indicate in its next report if the drafting legislation process concerning trade union recognition could be considered as abandoned.