Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kiribati (Ratification: 2000)

The Committee notes that the Government has requested the International Labour Office to conduct a technical review of the Draft Employment and Industrial Relations Code 2013 (draft 2013 Code), and that the Office’s comments have been transmitted to the Government. Noting the Government’s indication in its report that the labour law reforms are currently being considered by the Decent Work Agenda Steering Committee (DWASC), the Committee expects that all comments will be fully taken into account in the process and requests the Government to provide information in its next report on any developments as regards the adoption of this draft legislation.

Scope of application of the Convention. In its previous comments, the Committee noted that section 3 of the Industrial Relations Code excludes prison officers from the application of the provision concerning collective labour disputes and reminded the Government that prison officers should enjoy the rights and guarantees enshrined in the Convention. The Committee welcomes the Government’s indication that, taking into account the concerns expressed during the recent tripartite consultations concerning the Committee’s previous comments, prison services will, under the current labour law reforms, be defined as “essential services”, but prison officers will have access to the dispute resolution mechanism (including collective bargaining). Indeed, the Committee welcomes that the draft 2013 Code does not explicitly exclude prison officers from the provisions concerning collective labour disputes.

Articles 1 and 3 of the Convention. Effective protection against discrimination. In its previous comments, the Committee requested the Government to take measures so that the legislation establishes sufficiently dissuasive sanctions against acts of discrimination. The Committee notes the Government’s indication that the DWASC agreed to address this concern as part of the current labour law reform process. However, the Committee notes that, while the draft 2013 Code prohibits termination or discrimination in employment for anti-union reasons, no specific sanctions are imposed in case of infringement of this provision. The Committee requests the Government to indicate in its next report the measures taken to review the provisions of the draft 2013 Code, so that sufficiently dissuasive sanctions are imposed where a worker is dismissed or otherwise prejudiced due to union membership or participation in legitimate union activities.

Articles 2 and 3. Effective protection against anti-union interference. In its previous comments, the Committee noted that, in the national legislation, no specific legal provisions dealt with the issue of anti-union interference. The DWASC, while expressing concern that the financial support usually provided by the Government (employer) to the nurses and teachers unions during their respective national days may be considered as an act of interference under the Convention, agreed to address the matter in the next possible amendment. The Committee welcomes that section 22(1) of the draft 2013 Code prohibits interference by a union or employers’ organization in the establishment or functioning of a union or employers’ organization. It notes, however, that neither are efficient procedures established nor specific sanctions imposed in case of infringement of this provision. The Committee requests the Government to indicate in its next report the measures taken to review the provisions of the draft 2013 Code, so that the prohibition of anti-union interference is extended to employers and that sufficiently dissuasive sanctions and rapid procedures are established for such acts.

Article 4. Right to collective bargaining. The Committee had previously noted that there is no legislative recognition of the right to engage in collective bargaining and no provisions which guarantee this right to federations and confederations. The Committee notes that: (i) section 41 of the IRC as amended in 2008 has recognized the right to collective bargaining of every trade union or group of trade unions, including public servants under the National Conditions of Service; (ii) the Government states that it will need time to effectively implement this right since collective bargaining has just recently been introduced in Kiribati; and (iii) further procedural requirements to support the effective exercise of the right to collective bargaining will be included as part of the labour law reform process. The Committee observes that, while, under section 70 of the draft 2013 Code, federations and confederations are entitled to bargain collectively, sections 4 (definition of collective agreement) and 74 (initiation of collective bargaining) only refer to employers or employers’ organizations and unions. The Committee trusts that the provisions of the draft 2013 Code will be reviewed so as to guarantee consistently throughout the Code the possibility of federations and confederations to engage in collective bargaining at levels higher than enterprise level.