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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Kiribati (Ratification: 2000)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 29 August 2025, which are of a general nature.

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and join organizations of their own choosing. Public employees. In its previous comment, the Committee requested the Government to provide information on progress made in relation to the amendment of the National Conditions of Service (NCS), which provides, in its section L.7, that all employees are free to join a “recognized” staff association or union, given that there is no legislative provision relating to union recognition. The Committee welcomes the Government’s indication that, following consultations between the Ministry of Employment and Human Resources (MEHR) and the Public Service Office (PSO), the regulator of the NCS, the proposed amendment to remove the term “recognized” from section L.7 has been incorporated into the revised NCS so as to align it with the Convention. The Government indicates that the amendment is awaiting Cabinet approval. The Committee requests the Government to provide information on the progress made in the adoption of the revised NCS and to transmit a copy thereof once it has been adopted. 

Article 3. Right of workers’ and employers’ organizations to organize their activities. The Committee previously requested the Government to clarify the meaning of “proportionate disciplinary sanction” provided for in sections 136(5), 137(6), 138(5) and 139(5) of the Employment and Industrial Relations Code (EIRC), as a sanction for unlawful, yet peaceful, strikes, and to provide information on any such sanctions imposed in practice. The Committee notes the Government’s indication that this term refers to a corrective or disciplinary measure that is proportionate to the severity of the misconduct, designed to be fair, justified and aligned with the established disciplinary procedures of the MEHR or other relevant organizations, thereby promoting the principle of fairness and due process and ensuring that sanctions are not excessive or arbitrary. The Committee further notes the Government’s indication that, to date, the MEHR has resolved disputes involving trade unions through dialogue and thus avoided industrial actions and the imposition of disciplinary sanctions. Taking note of the above, the Committee requests the Government to provide, where applicable, information on any disciplinary sanctions imposed in the future for unlawful, yet peaceful strikes.