Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 in its report, the Government informs that the review of the IRA remains important and reiterates its desire to receive technical assistance from the Office in this regard. The Government informs in this regard that an ILO mission is planned to take place in 2013 together with national training on various dispute resolution systems for relevant stakeholders. The Government reiterates that once a tripartite committee responsible to make proposals towards the review of the IRA is set up, the Committee’s observations will be brought to its attention for further action. The Government explains that the review has been delayed due to the difficulty faced by the Ministry of Labour and Human Resource Development in terms of limited human resources capacity of the division responsible to review the legislation. The Government indicates, however, that notwithstanding the above, as part of the Government’s effort to comply with its international obligations, a national tripartite workshop on international labour standards and reporting was organized by the Government in collaboration with the ILO in August 2012. The aim of the workshop was to sensitize key ministries on the terms and provisions of the ratified ILO Conventions and to identify focal points in the relevant departments to ensure sustainability of reporting. The Committee trusts that the review of the IRA will begin without further delay, in consultation with the social partners and with ILO technical assistance, and that the following sections of this legislation will be amended taking into account the Committee’s previous comments:

• -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 or she 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 requests the Government to indicate in its next report all progress made in this respect.