Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Papua New Guinea (Ratification: 2000)

The Committee recalls that for a number of years it has been requesting the Government to amend the following sections of the Industrial Organizations Act: 35(2)(b) (qualifications for trade union membership); 22(1)(g) (refusal of registration to an industrial organization); 55 (cancellation of an industrial organization’s registration); 39(1)(b) and (d) (qualifications for serving as an officer of an industrial organization); 39(4) (removal of trade union officers); and 5(1), 40, 58 and 60(1)(b) (granting excessive powers to the registrar to investigate union accounts and demand information). It further recalls that in this respect it has provided its comments on various versions of the Industrial Relations Bill.

The Committee notes the Government’s indication that the Department of Labour and Industrial Relations is focused on completing the legislative review of the Bill and is committed to making amendments requested by the Committee. It further notes the Government’s indication that the Labour Law Reform Committee is at the drafting stage of both the Industrial Relations Bill and the Employment Act through consultations with the relevant authorities. The Government indicates that the final consultation of February 2019 will pave the way for the submission of the final draft Bill to Parliament. The Committee takes note of the Government’s commitment to transmit a copy of the Bill once it has been adopted. Noting with regret that the process has not yet been completed despite the substantial time that has elapsed since the initial comments of the Committee regarding the need to amend the legislation, the Committee urges the Government to take all necessary measures with a view to completing, without any further delay, and in consultations with the social partners, the legislative reform. It requests the Government to provide information on all developments in this regard.