Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Ghana (Ratification: 1965)

The Committee takes note of the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017 referring to many of the issues raised below and also alleging violations of the right to strike in practice. The Committee requests the Government to provide its comments thereon.

Articles 2 and 3 of the Convention. Right of workers and employers, without distinction whatsoever, to establish and join organizations of their own choosing. Right of workers’ organizations to organize their activities in full freedom. The Committee recalls that, for many years, it has been requesting the Government to take the necessary measures to amend the following provisions of the 2003 Labour Act and its 2007 Regulations:

• -section 79(2), which excludes persons performing managerial and decision-making functions from the right to establish and join organizations of their own choosing;
• -section 1, which excludes prison staff from the scope of application and therefore from the right to establish and join organizations of their own choosing;
• -section 80(1), which provides that two or more workers may establish or join a trade union if they are in the same “undertaking”, defined in section 175 of the same Act as “the business of any employer”;
• -section 80(2), which provides that employers must employ not less than 15 workers to establish or join an employers’ organization;
• -section 81, which does not explicitly authorize trade unions to form or join confederations;
• -sections 154–160, which do not set any time limit with regard to mediation;
• -section 160(2), under which collective disputes are referred to compulsory arbitration if they are not resolved within seven days; and
• -section 20 of the 2007 Regulations which sets out too broad a list of essential services.

The Committee notes that the Government once again indicates in its report that the concerns raised by the Committee are being considered for necessary action by the National Tripartite Committee, the relevant Ministries and other authorities concerned. The Committee expresses its concern regarding the lack of progress in this respect and requests the Government to intensify its efforts in bringing its legislation into conformity with the Convention. The Committee once again requests the Government to provide information on any measures taken or envisaged with a view to amending the abovementioned legislative provisions, and to provide a copy of all relevant texts. The Committee recalls that the Government may, if it so wishes, avail itself of the Office’s technical assistance in this matter.