Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

The Committee notes with regret that the Government’s report has not been received.

Article 4 of the Convention. Collective bargaining. The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 24 August 2010, which refer once again to the authority’s refusal to recognize trade unions and, consequently, to the impossibility of exercising their right to collective bargaining. The Committee notes with concern that no progress has been made despite the time that has passed and the repeated requests that it has made. It emphasizes once again that the existence of trade unions established freely by workers is a prerequisite for the application of the Convention and for exercising the right to collective bargaining. The Committee therefore again urges the Government to take the necessary steps without delay for creating appropriate conditions for the establishment of trade unions which can engage in collective bargaining with a view to regulating conditions of employment.

Article 6. Right of public servants not engaged in the administration of the State to engage in collective bargaining. The Committee notes that, according to the comments made by the ITUC, the right of workers in the public service to establish trade unions has still not been recognized by law, despite the fact that section 6 of Act No. 12/1992 on trade unions and collective labour relations provides that the right to organize of officials in the public administration shall be regulated by a special law. Consequently, the ITUC indicates that the legal framework for collective bargaining continues to be deficient and ambiguous. The Committee urges the Government to supply information on whether the special law has been adopted, whether this law guarantees public servants’ right to organize and engage in collective bargaining, and to send detailed information on the application of the Convention with regard to public servants who are not engaged in the administration of the State. The Committee reminds the Government that it may avail itself of technical assistance from the ILO in this respect and expresses the strong hope that it will take all possible steps without delay to resume a constructive dialogue with the ILO.