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

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

Articles 1 and 2. Adequate protection against acts of anti-union discrimination. In order to enable it to assess whether adequate protection against acts of anti-union discrimination and interference is provided in practice, the Committee had previously requested the Government to provide information on the number of complaints of anti-union discrimination and employer interference brought to the various competent authorities, the average duration of the relevant proceedings and their outcome, as well as the type of remedies and sanctions imposed in such cases. The Committee notes the Government’s indication that only one case of anti-union discrimination was recorded and that the ten union members concerned were reinstated by the arbitration tribunal. The Committee requests the Government to continue providing information on the number of complaints of anti-union discrimination and employer interference brought to the various competent authorities, including judicial proceedings, the average duration of the relevant proceedings and their outcome, as well as the types of remedies and sanctions imposed in those cases.

Article 4. Promotion of collective bargaining. In its previous comments, while noting that sections 4 (definition of collective agreement) and 60 (parties with power to initiate collective bargaining) of the Employment and Industrial Relations Code (2015) do not explicitly refer to federations and confederations, the Committee had requested the Government to: (i) clarify whether federations and confederations have the possibility of engaging in collective bargaining at levels higher than enterprise level; and (ii) provide information on the number of collective agreements concluded during the reporting period and the sectors and the number of workers covered. Noting with regret that the Government does not provide any information in this respect, and noting that the Employment and Industrial Relations Code (Amendment) Act (2017) does not contain any amendment in this regard, the Committee reiterates its previous request.