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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the National Confederation of Workers of Senegal (CNTS) and the National Federation of Independent Trade Unions of Senegal (UNSAS), received in August 2022, relating to matters already addressed by the Committee.

Bringing the legislation into conformity with the Convention. While taking note of the information concerning the Labour Code reform process and ILO technical assistance in this regard, the Committee once again notes with deep regret that the Government has not reported any progress in bringing the legislation into conformity with the Convention and has only reiterated that the Committee’s recommendations will be taken into account in the ongoing reform. Consequently, the Committee is bound to recall most of its recommendations and trusts that the reform under way will, in the near future, give full effect to the provisions of the Convention.

Article 2 of the Convention. Trade union rights of minors.The Committee urges the Government to report on any progress made in amending section 11 of the Labour Code to allow 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 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 (provisions of Act No. 76-28 of 6 April 1976, incorporated in section L.8 of the Labour Code), and 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 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 urges the Government to take the necessary measures to limit the restrictions provided for in section L.276 of the Labour Code to ensure that they only apply in cases 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.

Article 4. Dissolution by administrative authority.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. Referring to the recommendations of the Committee on Freedom of Association in case No. 3209 (384th Report, March 2018), 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.

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

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.

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

The Committee notes the Government’s comments in response to the observations of the International Trade Union Confederation (ITUC), received on 1 September 2015 and 1 September 2018, respectively regarding the recurrent difficulties linked to the registration of trade unions and the organization procedures for trade union elections in the education sector. The Committee also notes the observations of the National Federation of Independent Trade Unions of Senegal (UNSAS) and the Government’s response, received on 31 August 2018, regarding issues already raised by the Committee. Lastly, the Committee notes the recommendations of the Committee on Freedom of Association in Case No. 3209 (see 384th Report, March 2018) proposing that the Government take the necessary measures to amend section 8 of Act No. 69-64 of 30 October 1969 (the Customs Staff Regulations Act) in order to remove the prohibition of customs workers’ exercising of their trade union rights. The Committee requests the Government to indicate any progress in this regard.

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 always expressed its willingness to make these amendments, the Committee notes with deep regret the absence of any significant progress in this regard. Under these conditions, the Committee urges the Government to take the necessary measures without 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. It is necessary 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 notes the Government’s indication that a Bill amending section 11 was approved by the National Consultative Labour Council and that this amendment aims to guarantee that minors can 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 once again trusts that every effort will be made in the near future 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. It is necessary to repeal Act No. 76-28 of 6 April 1976 and to amend section L.8 of the Labour Code in order to guarantee to workers and their organizations the right to establish organizations of their own choosing without previous authorization. Noting with regret that the Government confines itself to recalling that the procedure in question comprises only simple administrative formalities, the Committee urges the Government to take measures without delay 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 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. It is necessary to adopt the Decree implementing section L.276 of the Labour Code, establishing the list of jobs, so as to authorize the requisitioning of workers in the event of a strike only to ensure the operation of essential services in the strict sense of the term. The Committee notes with regret that the Government, by referring to Decree No. 72-17 of 11 January 1972, which establishes the list of posts, jobs and functions of which the occupant may be requisitioned, does not take into account the comments made by the Committee in 2006, as 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 only authorizes the requisitioning of workers to ensure the operation of essential services in the strict sense of the term.

Occupation of workplaces in the event of a strike. It is necessary to include in the Labour Code a provision providing that the restrictions set forth in section L.276 of the Labour Code concerning the occupation of workplaces or their immediate surroundings shall only apply 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 amend the legislation in this regard.

Article 4. Dissolution by administrative authority. It is necessary 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. While the Government indicated in its previous report that the legislation was being brought into conformity in this regard, the Committee regrets that the Government has not reported any progress on this matter and that it merely indicates that administrative dissolution is not feasible under Senegalese law. The Committee urges the Government to take the necessary measures to amend the legislation in this respect.

[The Committee requests the Government to reply in full to the present comments in 2020.]

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

In its previous observation, the Committee noted the serious allegations of the International Trade Union Confederation (ITUC) received in 2012 concerning the violent police repression of a general assembly of the National Postal and Telecommunications Workers Union (SNTPTS), held in front of the postal services General Directorate in Dakar. In its reply, the Government confines itself to indicating that the police do not interfere in peaceful demonstrations, except to perform their supervisory role. The Committee wishes to recall once again that the right to organize meetings is an essential element of the rights of employers’ and workers’ organizations and that the public authorities should refrain from any interference which would restrict this right or impede its legal exercise, unless such exercise seriously and imminently endangers public order. The Committee also notes the observations of the ITUC received on 1 September 2015 including on the recurring difficulties in registering trade unions. In this regard, the Committee recalls that workers and employers should have the right to establish the organizations that they consider appropriate in a climate of security, and any delay caused by the authorities in registering these organizations would constitute a denial of their rights and a violation of the Convention. The Committee urges the Government to ensure the full respect of these principles, and to provide its comments in reply to the most recent observations of the ITUC.

The Committee also notes the observations of the International Organisation of Employers (IOE) received on 1 September 2015, which are of a general nature.

Bringing legislation into conformity with the Convention. The Committee recalls that for over ten years its comments have related to the need to amend several legal provisions to bring them into conformity with the Convention. During this period, the Government has always expressed its willingness to make these amendments. In its latest report, the Government indicates once again that the process to amend the legislation on all the points raised by the Committee has been initiated and is ongoing. The Committee notes with regret the time that has elapsed without any progress being made in bringing the legislation into conformity with the Convention, and urges the Government to take all the necessary measures to complete the legislative reform process in order to bring national law into conformity with the Convention on the following points:

• -Article 2 of the Convention. Trade union rights of minors. The need to amend the Labour Code to guarantee the right to organize of minors who have reached the statutory minimum age for admission to work (persons of 15 years of age, under section L.145 of the Labour Code), and who have access to the labour market both as workers and as apprentices, without authorization by their parents or guardians being necessary.
• -Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization. The need to repeal Act No. 76-28 of 6 April 1976 and to amend section L.8 of the Labour Code (as amended in 1997) so as to guarantee to workers and their organizations the right to establish organizations of their own choosing by abolishing the requirement of previous authorization from the Ministry of the Interior. Noting that the Government reiterates that the State has the basic responsibility of ensuring that the founders of an organization of any kind have a good moral character and are not in conflict with the law, the Committee is bound once again to recall that the provisions of Act No. 76-28 of 6 April 1976, repeated in section L.8 of the Labour Code, which, in practice, grant the Minister of the Interior discretionary power to issue a receipt conferring recognition of the existence of a trade union, are incompatible with Article 2 of the Convention.
• -Article 3. The right of organizations to exercise their activities in full freedom and to formulate their programmes. The need to adopt the Decree implementing section L.276 of the Labour Code, to establish a list of jobs in which the requisitioning of workers is only authorized in the event of a strike to ensure the operation of essential services in the strict sense of the term.
• -The need to amend the Labour Code to include a provision ensuring that the restrictions set forth in section L.276 of the Labour Code concerning the occupation of workplaces or their immediate surroundings during strikes only apply 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.
• -Article 4. Dissolution by administrative authority. The need to adopt a provision, in a law or regulations, that expressly establishes that the dissolution of seditious associations, as envisaged by Act No. 65-40 on associations, may in no event be applied to industrial associations. In this regard, the Committee notes the Government’s comment that an industrial association that protects the interests of its members cannot be classed as a seditious association and would not be affected by the possibility of dissolution by administrative authority. However, the Government adds that the process of bringing the Act into conformity with the Convention on this point is still ongoing.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Workers’ organizations comments. In its previous observation, the Committee noted the comments made by the International Trade Union Confederation (ITUC), the National Confederation of Workers of Senegal (CNTS) and the Free Workers’ Union of Senegal (UTLS) referring to the intervention by the security forces during duly authorized protest marches and discriminatory practices in the recognition of unions. The ITUC also denounced the dismissals and suspensions of strikers. The Committee notes that, according to the Government, the dismissals and suspensions took place in the context of an illegal strike; the only constraints to freedom to demonstrate in the National Constitution that would justify calling in the security forces are situations in which they would have to intervene to ensure the respect of honour, the consideration of others or public order; and, finally, that the procedure for the recognition of a trade union is contingent upon the state of the file submitted and economic and fortuitous conditions, rather than constituting an act of discrimination. The Committee recalls that the right to organize union meetings is an essential element of the trade union rights of employers’ and workers’ organizations and that the authorities should refrain from any interference which would restrict this right or impede its legal exercise, unless the exercise of this right endangers public order in a serious and imminent manner. The Committee also recalls that workers and employers should have the right to establish the organizations that they consider appropriate in a climate of security, and any delay caused by the authorities in registering these organizations would constitute a denial of their rights and a violation of the Convention. The Committee trusts that the Government will ensure the full respect of these principles in the future.

Furthermore, the Committee notes the comments dated 31 July 2012 from the ITUC referring to the violent police repression of a general assembly of the National Postal and Telecommunications Workers Union (SNTPTS), held in front of the General Directorate in Dakar. The Committee requests the Government to submit its comments in reply to the allegations made by ITUC.

Bringing legislation into conformity with the Convention. In its previous comments, the Committee noted the Government’s indication that following a study on the compliance of the national legislation with the ILO fundamental Conventions, carried out with the assistance of the Office, measures had been taken to amend the legislation, particularly the Labour Code, with a view to ensuring full compliance with the Convention. The Committee notes that the Government’s latest report reiterates its commitment to amend its legislation on a number of points. Given the time that has elapsed, the Committee notes with regret that no specific measure has yet been taken in this respect and urges the Government to embark upon the necessary consultations without delay with a view to taking measures allowing it to fulfil its commitment. The Committee trusts that the Government’s next report will provide information on the specific measures taken to amend its legislation taking into account the following points.

• -Article 2 of the Convention. Trade union rights of minors. The need to guarantee the right to organize of minors who have reached the statutory minimum age of employment (persons of 15 years of age, according to section L.145 of the Labour Code), and who have access to the labour market both as workers and as apprentices, without parental authorization being necessary.
• -Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization. There is a need to repeal Act No. 76-28 of 6 April 1976 and to amend section L.8 of the Labour Code (as amended in 1997) so as to guarantee to workers and their organizations the right to establish organizations of their own choosing without previous authorization from the Ministry of the Interior. The Committee notes that the Government justifies these provisions once again by maintaining that it is the State’s role to guarantee the security of its citizens by checking the morality and aptitude of candidates for the posts of trade union officials. The Government also refers to the possibility of lodging an appeal to the Supreme Court. The Committee recalls once again that the provisions of Act No. 76-28 of 6 April 1976, as taken up by section L.8 of the Labour Code, infringe Articles 2, 5 and 6 of the Convention by granting the Minister of the Interior a discretionary power to issue a document conferring recognition of the existence of a trade union.
• -Article 3. The right of trade union organizations to exercise their activities in full freedom and to formulate their programmes. The need to take without delay the necessary measures to adopt the Decree implementing section L.276 of the Labour Code in order to establish a list of jobs only authorizing the requisitioning of workers in the event of a strike to ensure the operation of essential services in the strict sense of the term.
• -The need to include a provision ensuring that the restrictions set forth in section L.276 of the Labour Code concerning the occupation of workplaces or their immediate surroundings shall only apply 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.
• -Article 4. Dissolution by administrative authority. The need to clearly specify that the dissolution of seditious associations, as envisaged by Act No. 65 40, may in no event be applied to occupational trade union organizations.

The Committee urges the Government to take the necessary measures in this respect within the context of its legislative reform.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

In its previous observation, the Committee noted the comments made by the International Trade Union Confederation (ITUC) in August 2008, by the National Confederation of Workers of Senegal (CNTS) in September 2008 and the Free Workers Union of Senegal (UTLS) in September 2007. The Committee notes the comments dated 24 August 2010 made by the ITUC on the application of the Convention and in particular on discriminatory practices in the recognition of trade unions, as well as on dismissals and suspensions of strikers. The Committee notes that the Government indicates that unions can be established freely, that they are recognized by the authorities and that therefore there could be no discriminatory practice. The Committee requests the Government to provide without delay its observations on the comments made by the ITUC on dismissals and suspensions of strikers, as well as on the comments of the ITUC, the CNTS and the UTLS referring to the intervention by the security forces during duly authorized protest marches and discriminatory practices in the recognition of unions.

Bringing national legislation into conformity with the Convention. In general, the Committee notes from the Government’s report that following a study on the compliance of the national legislation with the ILO fundamental Conventions, carried out with the assistance of the Office, measures are being taken to amend the legislation, including the Labour Code, with a view to ensuring full compliance with the Convention. The Committee welcomes the initiative and expects that the Government will provide in its next report all relevant information on the measures taken to amend its legislation taking into account the following points.

Article 2 of the Convention. Trade union rights of minors. The Committee expects that the Government will take all necessary measures to guarantee the right to organize of minors who have access to the labour market (persons of 15 years of age, according to section L.145 of the Labour Code) both as workers and as apprentices, without parental authorization being necessary.

Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization. The Committee recalls that for many years it has been commenting on the need to repeal Act No. 76-28 of 6 April 1976 and to amend section L.8 of the Labour Code (as amended in 1997) so as to guarantee to workers and their organizations the right to establish organizations of their own choosing without previous authorization. The Committee expects that the Government will take without delay the necessary measures in order to repeal the legislative provisions that restrain workers’ freedom to form their own organizations, especially provisions directed at the morality and capacity of workers’ representatives, or that granting to the authorities a discretionary power of prior approval, which is contrary to the Convention.

Article 3. Requisitioning. The Committee notes the Government’s indication that the Decree implementing section L.276 has not yet been adopted and that Decree No. 72-017 of 11 January 1972 determining the list of posts, jobs and functions in which the occupants may be requisitioned continues to be applied under section L.288 of the Labour Code. The Government indicates that it is considering adopting legislative texts implementing the Labour Code and, in particular, section L.276. The Committee expects that the Government will take without delay the necessary measures to adopt the Decree implementing section L.276 of the Labour Code and to establish a list of posts, jobs and functions authorizing requisitioning of workers only with a view to ensuring the operation of essential services in the strict sense of the term.

Occupation of workplaces during a strike. In its previous comments, the Committee noted that, under the terms of section L.276 in fine, workplaces or their immediate surroundings may not be occupied during a strike under penalty of sanctions established in sections L.275 and L.279. Noting the Government’s indication that it will consider the Committee’s proposal in the framework of the Labour Code reform, the Committee expects that the Government will take the necessary measures in order to include a provision which would ensure that the restrictions set forth in section L.276 in fine, apply only when strikes cease to be peaceful or when respect for freedom to work of non-strikers and the right of the management to enter the premises of the enterprise are hindered.

Article 4. Dissolution by administrative authority. The Committee notes the Government’s indication that it is committed to taking the relevant measures in order to amend its legislation with a view to including an explicit provision establishing that the dissolution of seditious associations, as envisaged by Act No. 65-40, may in no event be applied to occupational trade union organizations. The Committee expects that the Government will indicate all measures taken in this respect.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee previously requested the Government to send its reply to observations made by the International Confederation of Free Trade Unions (ICFTU), which indicated that workers in the agricultural and informal sectors are not covered by the Labour Code, including in terms of trade union rights, and that striking workers in the mining and cement industries had been subject to reprisals. The Committee notes that the Government indicates in its report that the Labour Code applies to all workers in the private sector, including workers in agriculture and the informal sector. It also states that striking workers in the mining and cement industries were dismissed upon the authorization of the labour inspectorate, which conducted a thorough inquiry and concluded that the individuals concerned had taken part in an unlawful strike, sabotaged the main electrical substation and issued insults and threats with regard to their hierarchical superiors.

The Committee also notes the observations received from the International Trade Union Confederation (ITUC) in August 2008, the National Confederation of Workers of Senegal (CNTS) in September 2008 and the Free Workers Union of Senegal (UTLS) in September 2007, which refer to legislative matters already raised by the Committee. The comments also deal with intervention by the security forces during authorized protest marches and with discriminatory practices in the recognition of trade unions. The Committee requests the Government to send in its next report its observations on the comments above.

Article 2 of the Convention. Trade union rights of minors. The Committee has been emphasizing for a number of years that section L.11 of the Labour Code (as amended in 1997), which provides that minors over 16 years of age may join trade unions unless their membership is opposed by their father, mother or guardian, is not in conformity with Article 2 of the Convention. The Committee notes that the Government merely indicates in its report that the question of amending section L.11 is still under examination. The Committee trusts that the Government will take all necessary measures without delay to guarantee the right to organize of minors who have reached the legal minimum age for admission to employment (15 years, according to section L.145 of the Labour Code) as workers or apprentices, without the need for authorization from a parent or guardian being necessary.

Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization. The Committee reminds the Government that it has been commenting for a number of years on the need to repeal Act No. 76-28 of 6 April 1976 and amend section L.8 of the Labour Code (as amended in 1997) in order to guarantee workers and workers’ organizations the right to establish organizations of their own choosing without prior authorization. After indicating in its report of 2006 that it was examining ways of amending the Labour Code and repealing any legislative or regulatory provisions contrary to the Convention as soon as possible, the Government merely indicates in its last report that the question is still under examination. Moreover, the Committee notes that, according to the CNTS, in practice some trade unions are recognized without having held a general assembly or congress while other trade unions constituted according to the regulations have been waiting years for their receipt to be issued. The Committee once again expresses the firm hope that the Government will adopt measures without delay to repeal legislative provisions which restrict workers’ freedom to form their own organizations, especially provisions directed at the morality and capacity of trade union leaders, or which grant the authorities a de facto discretionary power of prior approval, which is contrary to the Convention. The Committee trusts that the Government will provide information in its next report on any measures taken in this regard.

Article 3. Requisitioning in the event of a strike. The Committee recalls that its comments have been emphasizing for several years that section L.276 grants the administrative authorities, in the event of a strike, broad powers to requisition workers in private enterprises, as well as in public services and establishments who occupy posts considered to be essential for the security of persons and property, the maintenance of public order, the continuity of public services or the satisfaction of the country’s essential needs. This provision states that the list of posts defined in this way shall be drawn up by decree. The Committee has recalled on many occasions that recourse to this type of measure should be limited exclusively to the maintenance of essential services in the strict sense of the term (those the interruption of which would endanger the life, safety or health of the whole or part of the population), to public servants exercising authority in the name of the State or to acute national crises. The Committee also asked the Government to send a copy of the decree implementing section L.276 so that it can ensure that it is consistent with the provisions of the Convention. In its last report, the Government repeats that since the decree implementing section L.276 has not yet been adopted, it is Decree No. 72-017 of 11 January 1972 determining the list of posts, jobs and functions in which the occupants may be requisitioned which continues to be applied under section L.288 of the Labour Code. The Committee expresses the firm hope that the Government will take the necessary steps without delay to adopt the decree implementing section L.276 of the Labour Code and that the list of jobs determined by that decree will only authorize the requisitioning of workers in the event of a strike 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 noted in its previous comments that, under the terms of section L.276 in fine, workplaces or their immediate surroundings may not be occupied during a strike, otherwise the penalties established in sections L.275 and L.279 will apply. The Committee considered it preferable to include an explicit provision, in a law or regulation, establishing that the restrictions envisaged in section L.276 in fine only apply in the event that strikes are no longer peaceful. Noting the statement by the Government that it takes note of the comments above, the Committee trusts that the Government’s next report will describe the steps taken to include a provision stating that the restrictions envisaged in section L.276 in fine only apply in the event that strikes are no longer peaceful or in cases where the freedom to work of non-strikers and the right of the enterprise management to enter the workplace are not respected.

Article 4. Dissolution by administrative authority. The Committee has been reminding the Government for several years of the need to amend the national legislation to protect trade union organizations against dissolution by administrative authority (Act No. 65-40 of 22 May 1965), in accordance with Article 4 of the Convention. The Committee noted that section L.287 of the Labour Code did not explicitly repeal the 1965 provisions on administrative dissolution. The Committee notes the indication by the Government in its last report that Act No. 65-40 does not apply to trade unions, which can only be dissolved by statutory, voluntary or judicial means, but that the Government is continuing to examine ways of amending or supplementing the Labour Code to include an explicit provision in the national legislation stating that the dissolution of seditious associations provided for by Act No. 65-40 may on no account be applied to occupational trade union organizations. The Committee trusts that the Government will indicate in its next report the steps taken to amend the legislation in this respect.

The Committee once again expresses the firm hope that the necessary steps will be taken without delay to give full effect to the provisions of the Convention and that the Government’s next report will provide information on the progress made. It reminds the Government that it may request technical assistance from the Office in this regard.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report and its reply to the comments of the International Confederation of Free Trade Unions (ICFTU), dated 31 August 2005.

The Committee also notes the comments by the ICFTU on 10 August 2006, as well as the comments made by the National Confederation of Employers of Senegal (CNES), the National Confederation of Workers of Senegal (CNTS) and the National Federation of Independent Unions of Senegal (UNSAS), forwarded by the Government on 26 October 2006. These refer to issues of a legislative nature and relating to the application of the Convention in practice which have already been raised by the Committee. The ICFTU also emphasizes that workers in the agricultural sector and the informal economy are not covered by the Labour Code, including in relation to their trade union rights, and that striking workers in the mining and cement industries have been subject to reprisals. The Committee requests the Government to provide its observations on this subject in its next report.

Article 2 of the Convention. Trade union rights of minors. The Committee has been emphasizing for several years that section L.11 of the Labour Code (as amended in 1997), which provides that minors over 16 years of age may join trade unions unless their membership is opposed by their father, mother or guardian, is not in conformity with Article 2 of the Convention.

The Government states in its report that such a measure is only intended to protect young workers under 18 years of age against possible abuses or denial of rights by the trade union, but that every effort will be made to amend the national legislation in accordance with the provisions of the Convention. Recalling that the objective of workers’ organizations is to defend the interests of their members, the Committee notes this information and requests the Government to keep it informed of any measure adopted or envisaged to guarantee the right to organize of minors who have access to the labour market, both as workers and as apprentices, without parental authorization being necessary.

Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization. With reference to its previous comments concerning the need to repeal Act No. 76-28 of 6 April 1976 and to amend section L.8 of the Labour Code (as amended in 1997) so as to guarantee workers and workers’ organizations the right to establish organizations of their own choosing without previous authorization, the Committee notes that, according to the Government, governmental authorization is not intended to restrict the right to organize, but only to allow the State to exercise control over the morality and capacity of persons responsible for the direction and administration of a trade union, and to obtain precise statistics on the number of trade unions that exist. The Government adds that, if the receipt attesting to the legal existence of a trade union were to be refused, such refusal would be based solely on the morality and legal capacity of the leaders of the trade union, and not on other grounds. The Government nevertheless states that it is examining how to amend the Labour Code and repeal any provisions of laws or regulations that are contrary to the Convention as soon as possible. The Committee expresses the firm hope that the Government will take action to repeal legislative provisions that restrain workers’ freedom to form their own organizations, especially provisions directed at the morality and capacity of workers’ representatives. It asks the Government to keep it informed of any amendment to the legislation adopted in this respect.

Article 3. Requisitioning. The Committee has been emphasizing for several years that section L.276 grants the administrative authorities broad powers to requisition workers in private enterprises and public services and establishments who occupy posts considered to be essential for the security of persons and property, the maintenance of public order, the continuity of public services or the satisfaction of the country’s essential needs. The Committee emphasizes that on many occasions it has recalled that recourse to this type of measure should be limited exclusively to the maintenance of essential services in the strict sense of the term (those the interruption of which would endanger the life, safety or health of the whole or part of the population), public servants exercising authority in the name of the State or acute national crises. In this respect, the Committee asked the Government to provide the decree implementing section L.276, which contains a list of essential services, so that it can ensure that it is consistent with the provisions of the Convention.

The Committee notes from the information provided by the Government that the decree implementing section L.276 has not yet been adopted and that Decree No. 72-017 of 11 January 1972 determining the list of posts, jobs and functions in which the occupants may be requisitioned continues to be applied under section L.288 of the Labour Code. According to the Government, those subject to requisitioning include both workers in the public and private sectors engaged in jobs that are indispensable for the security of persons and property, the maintenance of public order, the continuity of public services and the satisfaction of the country’s essential needs. However, the Committee notes that this Decree provides for the requisitioning of workers in the event of a strike in relation to many posts, jobs and functions to which the definition of essential services in the strict sense of the term (those the interruption of which would endanger the life, personal safety or health of the whole or part of the population) does not apply. Considering under these conditions that recourse to the replacement of striking workers is a serious violation of the right to strike and prevents the free exercise of trade union rights, the Committee asks the Government to take the necessary measures to ensure that the decree implementing section L.276 of the Labour Code only authorizes the requisitioning of workers to ensure the operation of essential services in the strict sense of the term.

The Committee also noted in its previous comments that, under the terms of section L.276 in fine, workplaces or their immediate surroundings may not be occupied during a strike under penalty of the sanctions established in sections L.275 and L.279. The Committee notes that, according to the Government, the provisions relating to the prohibition upon occupying workplaces and their immediate surroundings are only intended to ensure public security in the event of strikes that are not peaceful. While noting this information, the Committee considers that it would be preferable to include an explicit provision, in a law or regulation, establishing that the restrictions envisaged in section L.276 in fine only apply in the event that strikes are no longer peaceful.

Article 4. Dissolution by administrative authority. Finally, the Committee has pointed out for several years the need to amend the national legislation to protect trade union organizations against dissolution by administrative authority (Act No. 65-40 of 22 May 1965), as required by Article 4 of the Convention. The Committee noted that section L.287 of the Labour Code did not explicitly repeal the 1965 provisions on administrative dissolution. The Committee notes the information provided by the Government to the effect that it is examining how to amend or supplement the Labour Code with a view to including in the national legislation an explicit provision establishing that the dissolution of seditious associations, as envisaged by Act No. 65-40, may in no event be applied to occupational trade union organizations. The Committee requests the Government to keep it informed of any amendment to the legislation adopted in this respect.

The Committee once again expresses the firm hope that the necessary steps will be taken in the very near future to ensure that full effect is given to the provisions of the Convention and it requests the Government to keep it informed on this matter.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government.

The Committee notes the observations on the application of the Convention sent on 31 August 2005 by the International Confederation of Free Trade Unions (ICFTU). The Committee requests the Government to comment on these observations in its next report.

In its previous comments, the Committee addressed the following matters:

Article 2 of the Convention. Trade union rights of minors. For several years, the Committee has been noting that section L.11 of the Labour Code (as amended in 1997) provides that minors over 16 years of age may join trade unions unless their membership is opposed by their father, mother or guardian. The Committee recalls that the Convention authorizes no distinction on such grounds (see General Survey on freedom of association and collective bargaining, 1994, paragraph 64), and requests the Government to amend its legislation so as to guarantee the right to organize of young persons who are legally entitled to work, either as workers or apprentices, without parental authorization being necessary. The Committee requests that the Government keep it informed on any measures taken to this end.

Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without prior authorization. The Committee has been pointing out for many years the need to repeal Act No. 76-28 of 6 April 1976, which confers discretionary authority on the Minister of the Interior for the issuing of certificates recognizing the existence of trade unions. The Committee has also pointed out several times that section L.8 of the Labour Code, as amended in 1997, reproduces the substance of the Act of 1976 by requiring previous authorization from the Minister of the Interior for the establishment of trade unions, federations and confederations.

Noting that section L.8(6) provides that, in the light of reports prepared by the Labour Inspector and the Attorney-General of the Republic and following an opinion from the  Minister of Labour, the Minister of the Interior decides whether or not to issue a certificate, in accordance with section 812 of the Code of Civil and Commercial Obligations, the Committee once again emphasizes the importance it attaches to compliance with Articles 2, 5 and 6 of the Convention, which give workers and their organizations the right to form organizations of their own choosing without prior authorization. The Committee again asks the Government to repeal at the earliest possible date the requirement for prior authorization set in section L.8 of the Labour Code, and to report on all steps taken to this end.

Article 3. Requisitioning of workers. The Committee has been noting for several years that section L.276 grants the administrative authorities broad powers to requisition workers in private enterprises and public services and establishments who occupy posts considered to be essential for the security of persons and property, the maintenance of public order, the continuity of public services or the satisfaction of the country’s essential needs. The Committee again asks the Government to provide the decree implementing section L.276 which contains a list of essential services, so that it may ensure that it is consistent with the provisions of the Convention. The Committee again points out that the requisitioning of workers as a means of settling labour disputes can result in abuses. Such action is therefore to be exclusively confined to the maintenance of essential services in the strict sense of the term (i.e., the interruption of which could endanger the life, safety or health of the whole or part of the population) or acute national crises or public servants exercising authority in the name of the State.

The Committee further points out that section L.276 in fine provides that workplaces or their immediate surroundings may not be occupied during a strike under penalty of the sanctions provided for in sections L.275 and L.279. The Committee has already indicated to the Government that restrictions on the occupation of workplaces should be limited to instances where strike actions cease to be peaceful (General Survey, op. cit., paragraph 174).

Article 4. Dissolution by administrative authority. For several years, the Committee has been pointing out the need to amend the national legislation in order to protect trade union organizations against dissolution by administrative authority (Act No. 65-40 of 22 May 1965), as required by Article 4 of the Convention. The Committee noted that section L.287 of the Labour Code does not expressly repeal the 1965 provisions on administrative dissolution.

The Committee once again suggests to the Government that it would be preferable to include in a law or regulations a provision expressly stating that the measures on administrative dissolution contained in Act No. 65-40 on associations do not apply to trade union organizations.

The Committee again expresses the firm hope that the necessary steps will be taken to ensure that full effect is given to the provisions of the Convention, and requests the Government to provide information in its next report on any measures taken to this end.

The Committee observes that the Government has not made the comments requested on the observations sent by the ICFTU in its communication of 23 September 2003, reporting police intervention in demonstrations by workers. The Committee asks the Government to instruct the police to refrain from intervening in peaceful demonstrations by workers.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information contained in the Government’s report and recalls that its previous comments related to the following points.

Article 2 of the Convention. Trade union rights of minors. For several years, the Committee has been emphasizing that section L.11 of the Labour Code (as amended in 1977) provides that minors over 16 years of age may join trade unions unless their membership is opposed by their father, mother or guardian.

The Government reiterates the indications provided in its previous reports that freedom to join a trade union remains the rule, and that opposition by the parents of the young person merely responds to a duty to protect her or his interests against a premature decision which could subsequently prove to be prejudicial.

The Committee recalls in this respect that the Convention does not authorize any distinction based on such reasons (see General Survey on freedom of association and collective bargaining, 1994, paragraph 64) and it requests the Government to amend the legislation accordingly and to inform it of any measures adopted in this respect.

Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization. The Committee for several years has pointed out the need to repeal Act No. 76-28 of 6 April 1976, which confers discretionary powers on the Minister of the Interior with regard to issuing a receipt recognizing the existence of a trade union. Furthermore, the Committee has already emphasized on several occasions that section L.8 of the Labour Code (as amended in 1997) reproduces the substance of the Act of 1976 by requiring previous authorization from the Minister of the Interior for the establishment of trade unions, federations and confederations.

In its report, the Government reaffirms that the receipt issued by the Minister of the Interior does not constitute the authorization or refusal of the existence of a trade union which, in the same way as any association, is only subject to the procedure of the declaration of its existence, which provides the reason for issuing the receipt.

Noting that section L.8(6) provides that "in the light of the reports prepared by the labour inspector and the Attorney-General of the Republic, and following the opinion of the Minister of Labour, the Minister of the Interior shall issue or not issue the receipt, in accordance with section 812 of the Code of Civil and Commercial Obligations", the Committee once again emphasizes the importance that it attaches to compliance with Articles 2, 5 and 6 of the Convention, which guarantee workers and workers’ organizations the right to establish organizations of their own choosing without previous authorization. It once again asks the Government to repeal as soon as possible the requirement for previous authorization contained in section L.8 of the Labour Code so as to bring the legislation into line with the practice that it describes, and to provide information on any measures adopted in this respect.

Article 3. Requisitioning. The Committee has been emphasizing for several years that section L.276 grants the administrative authorities broad powers to requisition workers in private enterprises and public services and establishments who occupy posts considered to be essential for the security of persons and property, the maintenance of public order, the continuity of public services or the satisfaction of the country’s essential needs.

The Government indicates in its report that it has taken note of the Committee’s observations, without however indicating the measures that it intends to take.

The Committee once again requests the Government to provide a copy of the Decree issued under section L.276 setting forth the list of essential services so that it can ensure that it is compatible with the provisions of the Convention. It once again recalls that the requisitioning of workers as a means of settling labour disputes can result in abuses. Such action is therefore to be exclusively confined to the maintenance of essential services in particularly serious circumstances. In the view of the Committee, requisitioning can be justified only in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crises.

The Committee further recalls that section L.276 in fine provides that workplaces or the immediate surroundings thereof may not be occupied during a strike, under penalty of the sanctions provided for in sections L.275 and L.279. The Committee has already indicated to the Government that restrictions on workplace occupations should be limited to cases where the strike action ceases to be peaceful (see General Survey, op. cit., paragraph 174).

Article 4. Dissolution by administrative authority. For several years, the Committee has been recalling the need to amend the national legislation with a view to protecting trade union organizations against dissolution by administrative authority (Act No. 65-40 of 22 May 1965), in accordance with Article 4 of the Convention. The Committee noted that section L.287 of the Labour Code did not explicitly repeal the provisions respecting administrative dissolution contained in the 1965 legislation.

The Government indicates in its report that it has duly noted the Committee’s observations, without however indicating the measures that it intends to take.

The Committee once again reminds the Government that it would be preferable to include in a law or regulations a provision explicitly stating that the measures respecting administrative dissolution contained in Act No. 65-40 on associations do not apply to trade union organizations.

Recalling that it has already noted in particular (see the 2002 observation, 73rd Session) the Government’s statement that all the points raised in its previous comments would be taken into account during the work of the committees responsible for the formulation of texts to be issued under the Labour Code, but that the work of these committees had been suspended, the Committee once again expresses the firm hope that the necessary measures will be taken in the very near future to give full effect to the provisions of the Convention.

The Committee also observes that the Government has not made the comments requested on the observations provided by the International Confederation of Free Trade Unions (ICFTU) in its communication of 23 September of 2003, reporting interventions by the police during demonstrations by workers. The Committee asks the Government to investigate this matter promptly and to provide its observations thereon.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) in its communication dated 23 September 2003 concerning the application of the Convention and requests the Government to transmit any observations it might wish to make thereon with its report due in 2004 on the pending matters (see 2002 observation, 73rd Session).

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It notes in particular the Government’s statement that all the points raised in its previous comments will be taken into account during the work of the committees responsible for the formulation of texts to be issued under the Labour Code. Noting that these committees are currently suspended, the Committee expresses the firm hope that the necessary measures will be taken in the very near future to give full effect to the provisions of the Convention. In this respect, it recalls that its previous comments concerned the following matters.

Article 2 of the Convention. Trade union rights of young persons. For several years, the Committee has been emphasizing that section L.11 of the Labour Code (as amended in 1997) provides that young persons over 16 years of age may join trade unions, unless their membership is opposed by their father, mother or guardian, and it recalls in this respect that the Convention does not authorize any distinction based on such reasons (see the General Survey on freedom of association and collective bargaining, 1994, paragraph 64).

Articles 2, 5 and 6 of the Convention. Right of workers to establish organizations of their own choosing without previous authorization. The Committee recalls the need to repeal Act No. 76-28 of 6 April 1976, which confers discretionary powers on the Minister of the Interior with regard to issuing a receipt recognizing the existence of a trade union. Furthermore, the Committee has already emphasized on several occasions that section L.8 of the Labour Code (as amended in 1997) reproduces the substance of the provisions of the Act of 1976 by requiring previous authorization from the Minister of the Interior for the establishment of trade unions, federations and confederations. The Committee once again emphasizes the importance that it attaches to compliance with Articles 2, 5 and 6 of the Convention, which guarantee workers and workers’ organizations the right to establish organizations of their own choosing without previous authorization. It once again requests the Government to repeal as soon as possible the requirement for previous authorization contained in section L.8 of the Labour Code and to inform it of all measures taken to this effect.

Article 3. Requisitioning. The Committee has been emphasizing for several years that section L.276 grants the administrative authorities broad powers to requisition workers in private enterprises and public services and establishments who occupy posts considered essential for the safety of persons and goods, the maintenance of public order, the continuity of public services or the satisfaction of the country’s essential needs. The Committee once again requests the Government to provide a copy of the Decree issued under section L.276 determining the list of essential services so that it can ensure that it is compatible with the provisions of the Convention. It once again recalls that the requisitioning of workers as a means of settling labour disputes can result in abuses. Such action is therefore to be exclusively confined to the maintenance of essential services in particularly serious circumstances. In the view of the Committee, requisitioning can be justified only in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis.

The Committee further recalls that section L.276 in fine provides that workplaces or the immediate surroundings thereof may not be occupied during a strike, under penalty of the sanctions provided for in sections L.275 and L.279. The Committee has already indicated to the Government that restrictions on workplace occupations should be limited to cases where the action ceases to be peaceful (see the General Survey, op. cit., paragraph 174).

Article 4. Dissolution by administrative authority. The Committee recalls the need to amend the national legislation with a view to protecting trade union organizations against dissolution by administrative authority (Act No. 65-40 of 22 May 1965), in accordance with Article 4 of the Convention. The Committee noted previously that section L.287 of the Labour Code did not explicitly repeal the provisions respecting administrative dissolution contained in the 1965 legislation. The Committee once again reminds the Government that it would be preferable to incorporate in a law or regulations a provision explicitly stating that the measures respecting administrative dissolution contained in Act No. 65-40 on associations do not apply to trade union organizations.

The Committee emphasizes that the Office’s technical assistance is available to the Government, if it so wishes.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report.

The Committee recalls that its previous comments concerned the discrepancies which exist between the national legislation and the guarantees set out in the Convention, namely:

-  legal restrictions on the right of young persons to join a trade union;

-  legal restrictions on the establishment of organizations without previous authorization;

-  the broad powers conferred upon the authorities to requisition workers who are on strike outside the essential services in the strict sense of the term; and

-  the power of the public authorities to dissolve trade unions by administrative authority.

1.  Trade union rights of young persons.  The Committee emphasizes once again that section L.11 of the Labour Code (as amended in 1997) provides that young persons aged over 16 years may join trade unions, unless their membership is opposed by their father, mother or guardian.

While noting that, according to the Government, this provision corresponds to a duty of the family to protect the interests of the child, the Committee observes that the Convention does not authorize any distinction based on these grounds (see the General Survey on freedom of association and collective bargaining, 1994, paragraph 64). It takes due note of the information provided by the Government in its report to the effect that it is prepared to amend the legislation but that, to do so, it must await the completion of the deliberations of the working groups entrusted with the preparation of the legal texts to be issued under the Labour Code. The Committee requests the Government to amend the legislation as soon as possible in order to bring it into conformity with the Convention.

2.  Articles 2, 5 and 6 of the Convention. Right of workers to establish organizations of their own choosing without previous authorization.  The Committee recalls the need to repeal Act No. 76-28 of 6 April 1976, which confers discretionary powers on the Minister of the Interior with regard to issuing a receipt recognizing the existence of a trade union.

The Committee emphasizes with regret that section L.8 of the Labour Code, as amended in 1997, reproduces the substance of the provisions of the Act of 1976 requiring previous authorization from the Minister of the Interior for the establishment of trade unions, federations and confederations. The Committee emphasizes the importance that it attaches to compliance with Articles 2, 5 and 6 of the Convention, which guarantee workers and workers’ organizations the right to establish organizations of their own choosing without previous authorization. The Committee notes the information provided by the Government in its report to the effect that it is prepared to amend the legislation after the completion of the deliberations of the working groups entrusted with preparing the texts to be issued under the Labour Code. It once again requests the Government to repeal as soon as possible the requirement for previous authorization contained in section L.8 of the Labour Code and to inform it of all measures taken to this effect.

3.  Requisitioning.  The Committee notes once again that section L.276 grants the administrative authorities broad powers to requisition workers from private enterprises and public services and establishments who occupy posts considered essential for the safety of persons and goods, the maintenance of public order, the continuity of public services or meeting the country’s essential needs.

Noting that, according to the Government, the power of requisition makes it possible in cases of overriding necessity to ensure the functioning of essential services and the safety of persons and goods, the Committee once again requests the Government to provide a copy of the decree made under section L.26 containing the list of essential services so that it can ensure that it is compatible with the principles of freedom of association. The Committee recalls once again that the requisitioning of workers as a means of settling labour disputes could involve abuses. Such action is to be avoided except where, in particularly serious circumstances, essential services have to be maintained. In the opinion of the Committee, requisitioning may be justified only in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis. It notes that the Government is prepared to amend the legislation after the completion of the deliberations of the working groups entrusted with preparing the texts to give effect to the Labour Code. The Committee requests the Government to take the necessary measures in the near future to ensure that its legislation is in full conformity with the Convention.

The Committee also recalls that section L.276 in fine provides that workplaces or the immediate surroundings thereof may not be occupied during a strike, under penalty of the sanctions provided for in sections L.275 and L.279. The Committee has already indicated to the Government that restrictions on workplace occupations should be limited to cases where the action ceases to be peaceful (see the General Survey, op. cit., paragraph 174).

4.  Article 4. Dissolution by administrative authority.  The Committee recalls the need to amend the national legislation with a view to protecting trade union organizations against dissolution by administrative authority (Act No. 65-40 of 22 May 1965), in accordance with Article 4 of the Convention.

The Committee had noted that section L.287 of the Labour Code of 1997 did not explicitly repeal the provisions respecting administrative dissolution contained in the 1965 legislation. The Committee reminded the Government that it would be preferable to incorporate in a law or regulations a provision explicitly stating that the measures respecting administrative dissolution contained in Act No. 65-40 respecting associations do not apply to trade union organizations. The Committee notes that the Government is prepared to amend the legislation, but that it must await the completion of the deliberations of the working groups entrusted with the preparation of texts to be issued under the Labour Code before amendments can be made to the labour legislation. The Committee hopes that measures will be taken in the near future and it requests the Government to include in its next report any information on practical measures taken to this effect.

The Committee once again expresses the firm hope that the Government will take all the necessary measures in the near future in the light of the above comments to bring its legislation into conformity with the Convention. It requests the Government to keep it informed in its next report of any progress achieved in this regard and to provide copies of any amendments made to the legislation and full particulars on its application in practice.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report.

1. Trade union rights of minors. The Committee recalls that section L.11 of the Labour Code provides that minors of over 16 years of age may join trade unions, unless their membership is opposed by their father, mother or guardian.

While noting that, according to the Government, this provision corresponds to a duty of the family to protect the interests of the child, the Committee considers that the Convention does not authorize any distinction based on these grounds (see General Survey on freedom of association and collective bargaining, 1994, paragraph 64). It urges the Government to lift this obstacle to the freedom of association of young workers and to keep it informed of the measures adopted to bring the legislation into conformity with the Convention on this point.

2. Requisitioning. The Committee notes that section L.276 grants the administrative authorities the right to requisition workers from private enterprises and public services and establishments who occupy posts considered essential to the safety of persons and property, the maintenance of public order, the continuity of public services, or to meeting the country's essential needs.

Noting that, according to the Government, the right to requisition in cases of overriding necessity makes it possible to ensure the operation of essential services and the safety of persons and goods, the Committee asks the Government to provide a copy of the Decree issued under section L.276 containing the list of essential services so that it can ensure that it is compatible with the principles of freedom of association. The Committee wishes to recall in this respect that the requisitioning of workers as a means of settling labour disputes could be abused. Such action is to be avoided except where, in particularly serious circumstances, essential services have to be maintained. In the opinion of the Committee, requisitioning may be justified only in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis. It therefore requests the Government to provide information on the application of this provision in practice, and, if necessary, to take measures to ensure that its legislation is in full conformity with the Convention.

The Committee also notes that section L.276 in fine provides that workplaces or the immediate surroundings thereof may not be occupied during a strike, under penalty of the sanctions provided for in sections L.275 and L.279. In the Committee's opinion, restrictions on workplace occupations should be limited to cases where the action ceases to be peaceful (see General Survey, op. cit., paragraph 174).

The Committee hopes that the Government will take all the necessary measures in the light of the above comments to bring its legislation into conformity with the Convention. It requests the Government to keep it informed in its next report of any progress achieved in these fields and to transmit copies of any amendments made to its legislation, as well as full information on the application in practice of the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information contained in the Government's report.

The Committee recalls that its previous comments concerned the need to amend the national legislation in order to:

-- guarantee that trade union organizations are not subject to dissolution by administrative authority (Act No. 65-40 of 22 May 1965), in accordance with Article 4 of the Convention;

-- amend the provisions which give discretionary powers to the Minister of State for the Interior to issue or refuse to issue a receipt when a trade union deposits its constitution (Act No. 76-28 of 6 April 1976 amending section 6 of the Labour Code of 1961) to bring them into conformity with Article 2 of the Convention.

The Committee takes due note of the information supplied by the Government in its report to the effect that section L.14 of the Labour Code (Act No. 97-17 of 1 December 1997) allows a trade union to be dissolved only by agreement, in accordance with its rules or by a court decision. It also notes the Government's statement that Act No. 65-40 of 1965 applies only to so-called "seditious associations" and not to organizations of workers or employers worthy of the name. The Committee notes, however, that section L.287 of the Labour Code of 1997 does not expressly repeal the provisions on administrative dissolution contained in the 1965 legislation. The Committee reminds the Government that it would be preferable to incorporate in a law or regulations a provision stating expressly that the measures for administrative dissolution established in Act No. 65-40 on associations do not apply to trade unions.

With reference to its previous comments on the need to repeal Act No. 76-28 of 6 April 1976 which gives the Minister of State for the Interior discretion as to the delivery of a receipt as recognition of a union's existence, the Committee notes once again with regret that section L.8 of the Labour Code of 1997 reproduces in substance the provisions of the 1976 Act by subjecting the establishment of trade unions, federations and confederations to previous authorization from the Minister for the Interior. The Committee wishes to recall the importance of Articles 2, 5 and 6 of the Convention, which guarantee the right of workers and workers' organizations to establish organizations of their own choosing, without previous authorization. The Committee also notes the information contained in the Government's report to the effect that the receipt issued by the Minister for the Interior records the date of registration of the organization and amounts at most to an "acknowledgement of receipt". In order to bring the legislation into line with this practice, the Committee once again asks the Government to abolish the requirement of previous authorization from section L.8 of the 1997 Labour Code.

The Committee hopes that the Government will take all necessary measures to bring the national legislation into conformity with the Convention. It requests the Government to inform it in its next report of any progress made in this area and to provide copies of any provisions repealed or amended.

The Committee addresses a request directly to the Government concerning certain points.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the adoption of Act No. 97-17 of 1 December 1997 issuing the Labour Code. However, the Committee also notes that certain provisions in the new Labour Code need to be amended to bring them into conformity with the Convention.

1. Trade union rights of minors. The Committee notes that section L.11 of the Labour Code restricts the right of minors aged over 16 years to join trade unions of their choice. Under the terms of the section in question, the father, mother or guardian can oppose the minor's membership of a trade union. The Committee has noted in the past that legislation in some countries contains provisions concerning union membership of minors and has taken the view that the Convention does not authorize any distinction based on such grounds (1994 General Survey on freedom of association, paragraph 64).

2. Requisitioning. The Committee notes that section L.276 gives the administrative authorities the power to requisition workers in enterprises and in public services and establishments who occupy posts considered essential to the safety of persons and property, the maintenance of public order, the continuity of public services, or to meeting the country's essential needs. The Committee requests the Government to indicate whether, in implementation of section L.276 of the Labour Code, a list of essential services has been fixed by Decree and, if this is the case, to provide a copy of the text in question so that the Committee can assure itself of its compatibility with the principles of freedom of association. The Committee recalls in this regard that the calling-up of workers is liable to be abused as a means of settling labour disputes. Recourse to measures of this kind is therefore not desirable, unless it is necessary to maintain essential services in situations of the utmost gravity. In the Committee's view, requisition of workers can only be justified by the need to ensure the maintenance of essential services in the strict sense of the term, that is, services whose interruption would endanger the life, personal safety or health of persons, or in the event of acute national crisis. The Committee therefore requests the Government to provide information on the application in practice of this provision.

The Committee notes further that section L.276 provides that occupation of workplaces or the immediate surroundings thereof may not take place during a strike, under penalty of the sanctions provided in sections L.275 and L.279. In the Committee's opinion, the restrictions on workplace occupations which should do not infringe the freedom to work should be limited to cases where the action ceases to be peaceful (see General Survey, op. cit, paragraph 174).

The Committee hopes that the Government will take all the necessary measures in the light of the foregoing comments to bring its national legislation into closer conformity with the Convention. It requests the Government to keep it informed in its next report of any progress made in these areas and to provide copies of any amendments to legislation and of any other information relating to its practical implementation.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the information contained in the Government's report.

The Committee recalls that its previous comments concerned the need to amend the national legislation in order to:

-- guarantee that trade union organizations are not subject to dissolution by administrative authority (Act No. 65-40 of 22 May 1965) in accordance with Article 4 of the Convention;

-- introduce greater flexibility into legislation to allow foreign workers to hold trade union office (section 7 of the Labour Code), in accordance with Article 3 of the Convention;

-- restrict the powers of the authorities to impose compulsory arbitration to bring an end to a strike (sections 238-245 of the Labour Code);

-- amend provisions which give discretionary powers to the Minister of State for the Interior to issue or refuse to issue a receipt when a trade union deposits its constitution, in accordance with Article 2 of the Convention (Act No. 76-28 of 6 April 1996 amending section 6 of the Labour Code).

The Committee notes with interest the provisions of the new Labour Code (Act No. 97-17 of 1 December 1997), which contains a number of provisions that will improve application of the Convention. The Committee notes, however, that certain discrepancies remain.

1. Establishment of trade unions, federations and confederations without previous authorization (Articles 2, 5 and 6 of the Convention). With reference to its previous comments on the need to repeal Act No. 76-28 of 6 April 1976 amending section 6 of the former Labour Code, which gives the Minister for the Interior discretionary power to issue or not to issue a receipt, in accordance with the provisions of section 812 of the Code of Civil and Commercial Obligations, in order to recognize the existence of a trade union when it deposits its constitution, the Committee notes with regret that section 6 of the new Labour Code reproduces in substance the content of the 1976 Act requiring trade unions, federations and confederations to obtain previous authorization from the Minister for the Interior in order to be formed. The Committee again emphasizes the importance which it attaches to compliance with Articles 2, 5 and 6 of the Convention, which guarantee the right of workers and workers' organizations to establish organizations of their own choosing, without previous authorization. The Committee again requests the Government to amend its legislation to repeal the requirement for previous authorization by the Minister for the Interior for the establishment of trade unions, federations and confederations, in order to bring the legislation into conformity with the Convention on these fundamental points.

2. Election of trade union leaders (Article 3). The Committee notes with interest that section 9 of the new Labour Code no longer reserves the right to stand for election to trade union office exclusively for citizens and allows foreign workers who have been resident in Senegal for at least five years to stand for election to trade union office, provided that reciprocal arrangements apply.

3. Dissolution of trade union organizations by administrative authority (Article 4). The Committee also notes with interest the information provided by the Government in its report to the effect that Act No. 65-40 of 27 May 1968 is superseded by new legislation concerning trade union organizations. The Committee notes, however, that section L.287 of the new Labour Code does not expressly repeal this legislation. It considers that it would be desirable to introduce legislation or regulations expressly providing that the measures for administrative dissolution provided by the 1968 Act do not apply to trade unions.

4. Compulsory arbitration (Articles 3 and 10). As regards the powers of the authorities to impose compulsory arbitration in the case of a strike, the Committee notes with interest that sections L.271-L.274 of the new Labour Code, concerning collective disputes, do not reproduce the previous provisions and allow a strike to be started following the failure of conciliation attempts, subject to prior notice of 30 days.

The Committee hopes that the Government will take all the necessary measures to bring its national legislation into conformity with the Convention. It requests the Government to keep it informed, in its next report, of any progress made in this area and to provide copies of any repealed or amended provisions.

A request regarding certain points is being addressed directly to the Government.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report.

The Committee recalls that its previous comments concerned the need to amend the national legislation in order to:

-- guarantee that trade union organizations are not subject to dissolution by administrative authority (Act No. 65-40 of 22 May 1965) in accordance with Article 4 of the Convention;

-- allow foreign workers to hold trade union office (section 7 of the Labour Code) in accordance with Article 3;

-- restrict the powers of the authorities to impose compulsory arbitration to bring an end to a strike (sections 238-245 of the Labour Code) to essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee notes that the Government states in its report that the dissolution of trade union organizations by administrative authority is not provided under the draft Labour Code and therefore Act No. 65-40 of 27 May 1968 is superseded by the new legislation. The Committee emphasizes that a provision of the new legislation should state specifically that the measures concerning administrative dissolution do not apply to occupational trade unions.

The Committee also notes in connection with foreign workers' right to hold trade union office that the draft Labour Code allows this possibility in accordance with certain residence conditions of the foreigner in Senegal but subject to a reciprocal measure for Senegalese nationals residing in the foreign country.

On the subject of compulsory arbitration in regard to a strike, the Committee notes that the Government states in its report that the provisions of sections 238 to 245 of the Labour Code are not binding and that, in practice, they imply the agreement of the parties in the search for a solution to strike movements. The Committee considers, however, that it is necessary to limit the scope of the power conferred on the Ministry of Labour and Social Security in section 238 in which arbitration may be imposed if the Minister considers that the strike is prejudicial to public order and the general interest. The Committee considers that this power should be limited to essential services the interruption of which would endanger the life, personal safety or health of the whole or part of the population.

Furthermore, the Committee draws the Government's attention to Act No. 76- 28 of 6 April 1976 amending section 6 of the Labour Code which provides that the Minister of State for the Interior has the power to issue or refuse to issue a receipt in accordance with the provisions of section 812 of the Code of Civil and Commercial Obligations in order to recognize the existence of a trade union when it deposits its constitution. The Committee recalls that under Article 2 of the Convention workers have the right to establish organizations of their own choosing without previous authorization. It therefore requests the Government to take the measures to amend this requirement which is contrary to this Article of the Convention.

The Committee notes that, in its report, the Government states it is prepared to study any concrete proposal to bring its legislation into greater conformity with international standards and that ILO technical assistance in this sphere would be desirable. It also notes that, according to the information supplied by the Government, a draft Labour Code discussed in the framework of tripartite negotiations is about to be placed before the National Assembly. The Committee asks the Government to supply a copy of the draft Labour Code to allow it to examine its compatibility with the requirements of the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that its previous comments concerned the need to amend the national legislation in order to: - guarantee that trade union organizations are not subject to dissolution by administrative means (Act No. 65-40 of 22 May 1965); - allow foreign workers to hold trade union office (section 7 of the Labour Code); - restrict the powers of the authorities to impose compulsory arbitration to bring an end to a strike (sections 238-245 of the Labour Code) to essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population. The Committee notes the Government's statement in its report that it will take all necessary steps to complete the reforms currently under way to bring laws and regulations into conformity with the relevant international standards and that it will seek the technical assistance of the ILO if this proves essential. The Committee again asks the Government to indicate in its next report the measures taken to bring its legislation into conformity with the Convention, and to provide the texts of any amendments to laws or regulations that have been adopted in this connection.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee recalls that its previous comments concerned the need to amend the national legislation in order to:

-- guarantee that trade union organizations are not subject to dissolution by administrative means (Act No. 65-40 of 22 May 1965);

-- allow foreign workers to hold trade union office (section 7 of the Labour Code);

-- restrict the powers of the authorities to impose compulsory arbitration to bring an end to a strike (sections 238-245 of the Labour Code) to essential services in the strict sense of the term, i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee notes the Government's statement in its report that it will take all necessary steps to complete the reforms currently under way to bring laws and regulations into conformity with the relevant international standards and that it will seek the technical assistance of the ILO if this proves essential.

The Committee again asks the Government to indicate in its next report the measures taken to bring its legislation into conformity with the Convention, and to provide the texts of any amendments to laws or regulations that have been adopted in this connection.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the text issuing regulations respecting the right to strike of public servants and concerning workers who can be requisitioned, which was published on 27 August 1992.

The Committee requests the Government to transmit in future reports any requisition order which is adopted under the above regulations.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous comments, the Committee emphasized the need to amend the national legislation in order to:

- guarantee that trade union organizations are not subject to dissolution by administrative means (Act No. 65-40 of 22 May 1965);

- permit foreign workers to hold trade union office (section 7 of the Labour Code);

- limit the powers of the authorities to impose compulsory arbitration to bring an end to a strike (sections 238-245 of the Labour Code) to essential services in the strict sense of the term, i.e. services whose interruption by reason of a strike would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis.

The Committee notes with interest the contents of a Bill adopted by the National Advisory Labour Council to exclude trade union organizations from the scope of Act No. 65-40 of 22 May 1965 concerning seditious associations.

It also notes the assurances given by the Government in its report to the effect that the draft Labour Code envisages greater flexibility in national legislation in order to permit foreign workers to hold trade union office after a period of residence of five years, and to amend the provisions relating to the right to strike in order to bring them into conformity with the Convention.

The Committee expresses once again the firm hope that the next report will contain information on any progress achieved in these fields. It would moreover remind the Government that the International Labour Office is at its disposal for any assistance that may be needed in formulating amendments which will give effect to the Convention.

The Committee is addressing a request directly to the Government on another point.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comment concerning section 7 of the Labour Code (the requirement of Senegalese nationality to hold trade union office) and sections 238 and 245 (the possibility of referring to binding arbitration in the event of a strike that is prejudicial to the public order or contrary to the general interest), the Committee notes with interest that the Government has set up a tripartite national commission to revise the Labour Code.

In this context, it is envisaged, among other measures, to make the provisions of the national legislation more flexible in order to permit foreign workers to hold trade union office after a period of residence, which remains to be determined, and to make the provisions concerning the right to strike more flexible (section 238) in order to bring them into conformity with the Convention.

The Committee requests the Government to supply information on the measures that are taken as a result of the work of the above commission.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

In its previous observations, the Committee noted that a Bill had been prepared in order to exclude trade union organisations from the scope of Act No. 65-40 of 22 May 1965 concerning seditious associations, which permits the dissolution by decree of associations or groups whose activities would be such as to disrupt, by unlawful means, the functioning of the constitutional order.

The Committee notes that discussions on this Bill are continuing between the Ministries of Labour and the Interior.

The Committee trusts that the Bill will be adopted in order to give full effect to Article 4 of the Convention which prohibits any dissolution of workers' organisations by administrative authority.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In its previous request, the Committee noted that under the terms of section 7 of the Labour Code, Senegalese nationality is a requirement for the exercise of administrative and management functions in trade unions and it requested the Government to make the legislation more flexible in order to give foreign workers the right to have access to trade union office, at least after a reasonable period of residence in the host country.

The Committee notes with interest the Government's statement in its report that it is prepared to examine possibilities for making this provision more flexible in order to study the conditions under which a foreign worker could become a trade union leader.

The Committee requests the Government to indicate in its next report the measures that have been taken to bring its legislation into conformity with the Convention.

2. The Committee also notes that, by virtue of sections 238 and 245 of the Labour Code, a strike is not legitimate until notification has been received from the Minister of Labour and Social Security, concerning the question of conciliation, that he does not intend to submit the industrial dispute to the arbitration procedure. This notification is given if, in the Minister's opinion, the strike is prejudicial to the public order or contrary to the general interest.

The Committee emphasises that the right to call a strike is one of the essential means available to workers' organisations to further and defend their interests (Article 10 of the Convention) and to organise their activities (Article 3 of the Convention), and that it can only be limited with regard (1) to public servants acting in their capacity as agents of the public authority, (2) to essential services in the strict sense of the term, that is those whose interruption would endanger the life, personal safety or health of the whole or part of the population, and (3) in the event of an acute national crisis.

The Committee requests the Government to supply information on the measures that are under consideration in order to bring its legislation into conformity with the Convention in this respect. It also requests it to report the circumstances in which it has made use of this provision in practice.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its report.

For several years the Committee's comments have been related to section 1(4) of Act 65-40 of 22 May 1965 concerning seditious associations, which permits the dissolution by decree of associations or groups whose activities would be such as to disrupt, by unlawful means, the functioning of the constitutional order.

In its previous observation, the Committee noted that a bill on this subject excluded workers' and employers' occupational organisations from the scope of Act 65-40 in respect of administrative dissolution. The bill was to be submitted to the Minister of the Interior for his comments.

In its report, the Government indicates that, although the Minister of the Interior expressed reservations of such a nature as to take all value from the prepared text, discussions are continuing between the Ministries of Labour and the Interior.

While noting this statement, the Committee recalls that this provision of Act 65-40, to the extent that it could be applied to occupational organisations, would be contrary to Article 4 of the Convention, which forbids any dissolution of a workers' organisation by administrative authority. It therefore trusts, as the Government emphasises, that it will be possible to find a solution to this matter and requests the Government to indicate the progress that has been achieved in its next report.