Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sao Tome and Principe (Ratification: 1992)

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Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that its legislation imposes sufficiently effective and dissuasive sanctions against anti-union discrimination aimed at all the workers covered by the Convention. It notes that the Government: (i) indicates that the revised Labour Code, promulgated in 2019, does not introduce any changes in this respect, but retains a number of specific provisions that give effect to Articles 1 and 2 of the Convention; and (ii) recognizes at the same time that it is necessary to legislate against acts of anti-union discrimination and interference in order to promote collective bargaining processes in the country. Noting that the sections of the Labour Code mentioned by the Government were referenced in its previous observation, the Committee emphasizes once again that the Labour Code does not provide specific sanctions for acts of anti-union discrimination affecting workers who are not trade union representatives or candidates for the post of representative. The Committee therefore requests the Government once again to take appropriate steps to include sanctions in the legislation that are both effective and dissuasive against such acts of discrimination, applicable to all workers covered by the Convention. It requests the Government to provide information on any progress made in this regard in its next report.

Article 4. Promotion of collective bargaining. Absence of a legal framework for the exercise of the right to collective bargaining and absence of collective bargaining in practice. In its previous comment, the Committee expressed concern at the lack of collective agreements in the country, highlighting that the absence of a legal framework could hamper the exercise of the right to collective bargaining. The Committee notes that the Government recognizes that: (i) under the First Republic, collective bargaining in the agricultural sector took place in public entities; (ii) the country is still not equipped with a legal framework for collective bargaining and there is currently no collective agreement in the country; and (iii) the Government will shortly be advancing initiatives in this area and will request ILO technical assistance accordingly. While taking due note of the Government’s expressed intention to request ILO technical assistance, the Committee requests the Government once again, as a matter of urgency, to take all necessary measures, in law and in practice, to encourage the development and use of collective bargaining, and to provide information on progress in this regard.