Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

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 so far indicated its willingness to make these amendments, the Committee notes with  deep regret  that the Government’s latest report contains no information on the measures taken to implement its recommendations.  Under these conditions, the Committee finds itself obliged once again to call on the Government to take the necessary measures without further 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. The Committee recalls its previous recommendations on the need 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 noted previously that a Bill amending section 11 had been approved by the National Consultative Labour Council and that the aim of this amendment was to guarantee that minors could 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 urges the Government to report on any progress achieved with regard to the modification of section 11 of the Labour Code 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. The Committee recalls its previous recommendations on the need to repeal Act No. 76-28 of 6 April 1976 and to amend section L.8 of the Labour Code in order to guarantee workers and their organizations the right to establish organizations of their own choosing without previous authorization. The Committee noted with regret that the Government’s previous report confined itself to recalling that the procedure in question comprised only simple administrative formalities. The Committee urges the Government to take without delay measures 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 to 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. The Committee recalls that its comments concerned the need to adopt the Decree implementing section L.276 of the Labour Code, establishing the list of jobs where the requisitioning of workers in the event of a strike is authorized only to ensure the operation of essential services in the strict sense of the term. On this point, the Committee recalls that the Government referred previously to Decree No. 72-17 of 11 January 1972, which establishes the list of posts, jobs and functions the occupant of which may be requisitioned, without taking into account the comments made by the Committee in 2006, namely that 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 authorizes the requisitioning of workers only to ensure the operation of essential services in the strict sense of the term.

Occupation of workplaces in the event of a strike. The Committee recalls its previous recommendations on the need for a provision stipulating that the restrictions set forth in section L.276 of the Labour Code concerning the occupation of workplaces or their immediate surroundings shall apply only 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 limit the restrictions provided for in section L.276 of the Labour Code to the instances mentioned above.

Article 4. Dissolution by administrative authority. The Committee recalls that its comments concerned the need 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. The Government indicated in its report of 2015 that the legislation was being brought into conformity in this regard. In its report of 2018, the Government merely indicated that administrative dissolution is not feasible under Senegalese law.  The Committee urges the Government to take the necessary measures to amend the legislation such that the dissolution of seditious organizations, provided for by Act No. 65-40 of 22 May 1965 on associations, may in no event be applied to professional organizations.

Trade union rights of customs workers. In its previous comments, the Committee noted the recommendations of the Committee on Freedom of Association with respect to a case concerning the trade union rights of customs officials (see 384th Report, March 2018, Case No. 3209) inviting the Government to amend section 8 of Act No. 69-64 of 30 October 1969 (the Customs Staff Regulations Act) in order to remove the prohibition against the exercise by customs workers of their trade union rights. In the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged to amend section 8 of Act No. 69-64 (the Customs Staff Regulations Act) in order to remove any obstacles to the exercise of trade union rights.

The Committee reminds the Government of the availability of ILO technical assistance with regard to the various legislative matters raised.