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

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

The Committee recalls that for several years it has been commenting upon several provisions of the Industrial Relations Act (IRA) concerning the issues of trade union registration and the exercise of the right to strike. The Committee notes that, according to the information provided in the Government’s report, while a review of the IRA is high on the list, it will only be undertaken after the revision of the Employment Act, currently under review. The Government indicates that once the committee responsible to review the IRA is set up, the Committee’s observations will be brought to its attention for further action. The Committee therefore once again requests the Government to amend the following sections of the IRA:

–      section 9(1)(b) and (f), which confers to the registrar discretionary power to refuse registration;

–      section 52(1)(a)(iv), which provides 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), which 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), which provides for a cooling-off period of 60 days before a strike may begin; and

–      section 56(1), which imposes penalties of up to six months of imprisonment for organizing or participating in a strike declared unlawful on the basis of the IRA provisions.

The Committee expresses the hope that the Industrial Relations Act will soon be amended, taking into account previous comments by the Committee and requests the Government to indicate any progress in this respect.

In its previous observation, the Committee had noted the Government’s desire to avail itself of the technical assistance of the Office in this process. The Committee trusts that the necessary technical assistance of the Office, requested by the Government, will be provided in the near future.