Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Sao Tomé-et-Principe (Ratification: 1992)

Articles 1 and 2 of the Convention. Interference and anti-union discrimination. The Committee recalls that for several years it has been requesting the Government to take the necessary measures for the adoption of appropriate legislation which imposes sufficiently effective and dissuasive sanctions against acts of anti-union discrimination and acts of interference against trade union organizations, in accordance with the provisions of the Convention. The Committee notes the Government’s indication in its report that it has taken due note of the Committee’s comments and is engaged in dialogue with the representative trade union organizations of the country with a view to the amendment of the Trade Union Act No. 5/92 in response to the issues emphasized by the Committee.

Article 4. Absence of a legal framework for the exercise of the right to collective bargaining. The Committee once again notes that the right to collective bargaining is recognized in Act No. 5/92, of 28 May 1992, but is not the subject of legal regulation, and that the adoption of a Bill on the legal framework for collective bargaining has been pending for several years. The Committee notes the Government’s indication that, due to successive changes in the governing and legislative authorities of the country, it has not been possible to adopt draft legislation to make this amendment to Act No. 5/92.

The Committee requests the Government to provide information on any developments in the legislative processes referred to in relation to Articles 1, 2 and 4 of the Convention and, in the hope that they are completed as soon as possible, to send a copy of the legislation that is adopted.

Application in practice. In its previous observation, the Committee noted that, according to the Government: (i) there are no collective agreements in the country owing to its geographical size; and (ii) the Labour Directorate might act as an intermediary between the parties to collective bargaining, including to ensure the enforcement of the agreement. The Committee expresses concern at the absence of collective agreements and once again requests the Government to take the necessary measures to encourage and promote the development and utilization of collective bargaining. The Committee once again requests the Government to provide further details on the role played by the Labour Directorate in the process of collective bargaining.

The Committee reminds the Government that it can avail itself of technical assistance from the Office in relation to the various matters raised and trusts that it will be able to note progress in the near future.