Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Sao Tome and Principe (Ratification: 1992)

Article 3. Right of organizations to elect their representatives in full freedom, organize their activities and formulate their programmes. The Committee recalls that its previous comments referred to the need to amend the provisions of the Labour Code of 2019 with regard to the following matters:

• the required threshold for calling a strike (a two-thirds majority of workers present) should be lowered (section 422 of the Labour Code);
• in the event of disagreement in determining minimum services, the matter should be settled by an independent body and not by the employer (section 428(4) of the Labour Code);
• compulsory arbitration should not be envisaged for services which are not essential in the strict sense of the term (banking and loan services) (section 429 of the Labour Code); and
• the requisition of workers in the event of a strike is permitted in non-essential services, but should only be possible in essential services in the strict sense of the term (Act No. 4-2002).

The Committee notes the Government’s indication that the draft revised Labour Code is still under consideration by the social partners and that, with regard to the Civil Requisition Act, no formal revision process is under way, although the Government indicates that it remains open to further reflection on this matter. The Committee once again expresses the firm hope that the Labour Code will be adopted shortly and requests the Government to take the necessary steps to ensure that Act No. 4-2002 is also revised in consultation with the social partners. It once again requests the Government to report on any progress made in this regard and to provide a copy of the legislative amendments once adopted.