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

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

Article 2 of the Convention. Right of employers and workers to establish and join organizations of their own choosing without previous authorization. Civil servants, prison officers and domestic workers. In its previous comments, the Committee had noted that the Labour Act of 2007 excludes civil servants, prison officers and domestic workers from its scope (sections 3(2)(a), (c) and (d), respectively). The Committee had also noted the Government’s statement that the Labour Act was in the process of being reviewed to allow these categories of workers to enjoy the rights established by the Convention. The Committee notes with concern the absence of new information on this point, and recalls the need to take all necessary measures to ensure that civil servants, domestic workers and prison officers enjoy the right to establish and join organizations of their own choosing, the Committee requests the Government to provide information on any developments in this respect.

Minimum membership requirement. The Committee had noted that the Labour Act of 2007 maintained a minimum membership requirement of 50 workers for the registration of a trade union (section 96(4)(a)). It had further noted the Government’s statement that it was proposing an amendment to section 96(4)(a) of the Labour Act to reduce the minimum membership requirement to 25 workers and therefore requested the Government to provide information on any developments in this respect. The Committee notes with regret the Government’s indication that the Labour Act has been reviewed and the minimum membership requirement still remains at 50, after consultations with stakeholders both prior and during the validation workshop. Recalling that a minimum membership requirement of 50 workers may hinder the establishment of organizations, the Committee once again requests the Government to amend section 96(4)(a) of the Labour Act so as to lower the minimum membership requirement, in particular for the establishment of unions at the enterprise level.

Article 3. Right of employers’ and workers’ organizations to organize their administration and to formulate their programmes. In its previous comments, the Committee had noted that the Labour Act of 2007 did not reflect the Committee’s concerns: (i) with regard to the right of the registrar to verify employers’ and workers’ organizations when he or she “is unable to ascertain with certainty the absence of irregularity or fraud” (section 104(1)(b)); and (ii) that failure to provide the registrar with any book is subject to a fine and even imprisonment (section 104(5)). The Committee had also noted with regret that the Labour Act maintained the right of the registrar to institute civil proceedings in order to secure payment of arrears in trade union dues (sections 104(2)(b) and 104(7)(c)). It further noted the Government’s indication that following a recent seminar, efforts were on the way to amend some areas, including section 104(1)(b) of the Labour Act. The Committee notes with concern the absence of information from the Government in this regard and therefore requests it to provide information on any developments to amend sections 104(1)(b), 104(2)(b) and 104(7)(c) of the Labour Act so as to ensure that the registrar has the power to verify the accounts of employers’ and workers’ organizations only in exceptional cases where there is evidence of irregularity in the handling of finances; that the substance and procedure of such verifications is subject to judicial review; and that there is no interference by the administrative authorities with regard to the payment of arrears in trade union dues.

In its previous comments, the Committee had noted that section 140(1) of the Labour Act defines essential services as services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, and the Government’s indication that health facilities, police, fire and ambulance services, prison services, security forces, water and electricity services, and radio and telecommunication services are examples of essential services. The Committee recalled that radio services cannot be considered essential services in the strict sense of the term and that in order to avoid damages which are irreversible or out of all proportion to the parties, namely the users or consumers who suffer the economic effects of collective disputes, the authorities could establish a system of minimum service in other services which are of public utility rather than impose an outright ban on strikes, which should be limited to essential services in the strict sense of the term (see General Survey on the fundamental Conventions, 2012, paragraphs 127 and 131), and the Committee had therefore requested the Government to indicate the measures taken or envisaged in this regard. The Committee notes with concern the Government’s statement that the definition of essential services remains the same and that currently there is no prescribed procedure designating a particular service as essential, while indicating that the Labour Act has already been reviewed and is being finalized by the Ministry of Justice. The Committee therefore reiterates its request and hopes that the Government will make every effort to take the necessary action in the near future.

The Committee expects that, in the context of finalizing the review of the Labour Act of 2007, the Government will take the necessary measures to bring the legislation into conformity with the Convention in line with the preceding comments, and requests it to provide information on any developments, including a copy of the revised Labour Act once adopted.