Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Sao Tomé-et-Principe (Ratification: 1992)

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

Article 2 of the Convention. Right of workers and employers without distinction to establish and join organizations of their own choosing. The Committee previously asked the Government to indicate whether public employees have the right to organize and to indicate the applicable provisions. In this respect, the Committee observes that section 9 of the Civil Service Regulations (Act No. 5/97) states that public officials and employees have the right to establish trade unions.

Article 3. Right of organizations to organize their activities and formulate their programmes. The Committee recalls that it has been commenting for a number of years on the need for the Government to take steps to amend the provisions of Act No. 4/92, which refer to the following issues:

–      the majority required for calling a strike is too high (section 4 of Act No. 4/92);

–      with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (section 10(4) of Act No. 4/92);

–      the hiring of workers without consultation with the trade unions concerned to perform services essential to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92);

–      compulsory arbitration for services which are not essential in the strict sense (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (postal, banking and loan services; section 11 of Act No. 4/92).

The Committee asks the Government to take steps to amend the abovementioned legislative provisions so as to bring the legislation into line with the Convention and to indicate, in its next report, any measures adopted in this respect.

Finally, the Committee also asks the Government to indicate whether federations and confederations are able to exercise the right to strike.

[The Government is asked to report in detail in 2009.]