Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Senegal (Ratification: 1961)

Observations received from a trade union. The Committee notes the communication dated 4 August 2011 from the International Trade Union Confederation (ITUC) denouncing anti-union discrimination and dismissals in the rail and telecommunication sectors and the chemicals industry and also acts of interference by the authorities in the rural sector. The Committee recalls that in August 2008 the ITUC reported the blocking of bargaining by the authorities in certain sectors, including education, and unilateral changes in the provisions of the National Charter on Social Dialogue of 2002. Moreover, in a communication dated August 2010, the ITUC reported acts of discrimination against union officials and anti-union dismissals in the rail transport sector. The Committee notes the Government’s reply stating that it is for the ITUC to provide evidence that the alleged dismissals are on grounds of union membership and indicating that trade union leaders cannot be dismissed without the prior approval of the labour inspectorate and that the decision of the administration may ultimately be challenged in the Supreme Court. Given the number of cases of discrimination, anti-union dismissals and sectors concerned alleged by the ITUC and considering that the Government did not provide any administrative or judicial decision concerning the alleged dismissals of trade unionists, the Committee wishes to recall that a fundamental principle of freedom of association is that trade union leaders and trade unionists in general should enjoy adequate protection against acts of discrimination undermining freedom of association in employment – dismissal, transfer, downgrading and other acts that are prejudicial to the worker. The Committee trusts that the Government will do its utmost to ensure full compliance with this principle.

Scope of application of the Convention. The Committee notes the Government’s indications that autonomous or independent workers, especially in the informal economy and agriculture, enjoy – under the terms of sections L6 to L29 of the Labour Code, which apply to all workers and employers in the private sector – the trade union rights guaranteed by the Convention.

Right to collective bargaining in practice. The Committee notes the Government’s indications concerning the various collective agreements signed in several sectors of activity between 2008 and 2011. The Committee requests the Government to continue to supply information on the collective agreements which have been concluded, the sectors concerned and the number of workers covered.