Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes the Government’s comments in response to the observations of the International Trade Union Confederation (ITUC), received on 1 September 2015 and 1 September 2018, respectively regarding the recurrent difficulties linked to the registration of trade unions and the organization procedures for trade union elections in the education sector. The Committee also notes the observations of the National Federation of Independent Trade Unions of Senegal (UNSAS) and the Government’s response, received on 31 August 2018, regarding issues already raised by the Committee. Lastly, the Committee notes the recommendations of the Committee on Freedom of Association in Case No. 3209 (see 384th Report, March 2018) proposing that the Government take the necessary measures to amend section 8 of Act No. 69-64 of 30 October 1969 (the Customs Staff Regulations Act) in order to remove the prohibition of customs workers’ exercising of their trade union rights. The Committee requests the Government to indicate any progress in this regard.

Bringing the legislation into conformity with the Convention. The Committee recalls that, for very many years, its comments have related to the need to amend several legal provisions to bring them into conformity with the Convention. While the Government has always expressed its willingness to make these amendments, the Committee notes with deep regret the absence of any significant progress in this regard. Under these conditions, the Committee urges the Government to take the necessary measures without delay to bring the national law into full conformity with the Convention on all of the following points.

Article 2 of the Convention. Trade union rights of minors. It is necessary to amend section 11 of the Labour Code to guarantee the right to organize of minors who have reached the statutory minimum age for admission to work (15 years of age, under section L.145 of the Labour Code), both as workers and as apprentices, without a requirement for authorization from their parents or guardians. The Committee notes the Government’s indication that a Bill amending section 11 was approved by the National Consultative Labour Council and that this amendment aims to guarantee that minors can freely join trade unions, without any restriction or prior authorization, from the age of 16 years, which is the age of completion of compulsory schooling in Senegal. The Committee once again trusts that every effort will be made in the near future to enable minors to freely join trade unions, once they have reached the minimum age for access to employment, as provided for in the Labour Code.

Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization. It is necessary to repeal Act No. 76-28 of 6 April 1976 and to amend section L.8 of the Labour Code in order to guarantee to workers and their organizations the right to establish organizations of their own choosing without previous authorization. Noting with regret that the Government confines itself to recalling that the procedure in question comprises only simple administrative formalities, the Committee urges the Government to take measures without delay to repeal the legislative provisions that restrict the freedom of workers to establish organizations of their own choosing, particularly the provisions concerning the morality and aptitude of trade union leaders or those which grant de facto the authorities the discretionary power of previous authorization, which is contrary to the Convention.

Article 3. Right of trade union organizations to exercise their activities in full freedom and to formulate their programmes. Requisitioning in the event of a strike. It is necessary to adopt the Decree implementing section L.276 of the Labour Code, establishing the list of jobs, so as to authorize the requisitioning of workers in the event of a strike only to ensure the operation of essential services in the strict sense of the term. The Committee notes with regret that the Government, by referring to Decree No. 72-17 of 11 January 1972, which establishes the list of posts, jobs and functions of which the occupant may be requisitioned, does not take into account the comments made by the Committee in 2006, as the Decree in question provides for the requisitioning of workers in the event of a strike for many posts, jobs or functions to which the definition of the term “essential services” does not apply in its strict sense (essential services are those the interruption of which would endanger the lives, safety or health of the whole or part of the population). The Committee urges the Government to take the necessary measures to ensure that the implementing Decree of section L.276 of the Labour Code only authorizes the requisitioning of workers to ensure the operation of essential services in the strict sense of the term.

Occupation of workplaces in the event of a strike. It is necessary to include in the Labour Code a provision providing that the restrictions set forth in section L.276 of the Labour Code concerning the occupation of workplaces or their immediate surroundings shall only apply when strikes cease to be peaceful or when respect for the freedom to work of non-strikers and the right of the management to enter the premises of the enterprise are hindered. The Committee urges the Government to take the necessary measures to amend the legislation in this regard.

Article 4. Dissolution by administrative authority. It is necessary to adopt legislative or regulatory provisions that expressly provide that the dissolution of seditious associations, as envisaged by Act No. 65-40 of 22 May 1965 on associations, may in no event be applied to occupational organizations. While the Government indicated in its previous report that the legislation was being brought into conformity in this regard, the Committee regrets that the Government has not reported any progress on this matter and that it merely indicates that administrative dissolution is not feasible under Senegalese law. The Committee urges the Government to take the necessary measures to amend the legislation in this respect.

[The Committee requests the Government to reply in full to the present comments in 2020.]