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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Chad (Ratification: 1960)

The Committee notes the comments of the International Trade Union Confederation (ITUC) of 30 August 2013, which refer to matters of a legislative nature already raised by the Committee, as well as to the detention and prosecution of trade union leaders and members. The Committee requests the Government to provide its observations thereon, as well as on the ITUC’s 2012 allegations on the violent repression of demonstrations in the oil sector by the forces of order.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations. For many years, the Committee has been requesting the Government to take the necessary measures to amend section 294(3) of the Labour Code, which provides that parents or guardians may oppose the right to organize of young persons under 16 years of age. The Committee notes the Government’s indication in its report that this matter is currently being revised in the context of a new Labour Code. The Committee trusts that the necessary measures will be taken to amend this provision with a view to guaranteeing the right to organize of minors who have reached the legal minimum age (14 years) for access to the labour market, either as workers or as apprentices, without the intervention from the parents or guardians.

Article 3. Right of workers’ and employers’ organizations to organize their administration and activities in full freedom. The Committee previously requested the Government to take measures to amend section 307 of the Labour Code, which provides that the accounts and supporting documents relating to the financial operations of trade unions shall be submitted without delay to the labour inspector, when so requested. The Committee recalls that the inspection by the public authorities of trade union finances should not go beyond the obligation of organizations to submit periodic reports. The Committee requests the Government to take the necessary measures to amend section 307 of the Labour Code so as to bring it into conformity with the Convention.

The Committee also recalls that it commented previously on the need to take measures to amend certain provisions of Act No. 008/PR/007 of 9 May 2007 regulating the exercise of the right to strike in public services. The Committee regrets that the Government has not provided its comments in this respect and once again requests it to take the necessary measures to amend the following provisions of the Act: (i) section 11(3), which imposes the obligation to declare the “possible” duration of a strike (the Committee recalls that trade unions should be able to call strikes of unlimited duration if they so wish); and (ii) sections 20 and 21, under which the minister concerned has the discretion to determine the minimum services and the number of officials and employees who will ensure that they are maintained.

The Committee expresses the firm hope that the Government, in full consultation with the most representative organizations of workers and employers, will take the necessary measures to bring the legislation into conformity with the Convention. The Committee requests the Government to provide information in its next report on any progress achieved in this regard.