Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el derecho de sindicación y de negociación colectiva, 1949 (núm. 98) - Ghana (Ratificación : 1959)

Legislative review. The Committee observes that a new Labour Act is being drafted in consultation with the social partners and notes in this respect the Government’s indication that the Committee’s comments have been drawn to the attention of those involved in the process.

Articles 1 and 3 of the Convention. Adequate protection against anti-union discrimination. In its previous comment and noting that only one case of anti-union discrimination had been reported, the Committee emphasized that the absence of complaints on anti-union discrimination may be due to reasons other than an absence of acts of anti-union discrimination. It requested the Government to take the necessary measures to ensure that the competent authorities fully take into account the issue of anti-union discrimination in their prevention and control activities, and that the workers in the country are fully informed of their rights in this respect.

The Committee notes that the Government does not provide any information on the requested measures above, and that the Government indicates that there are no records of anti-discrimination acts in the country. The Committee once again requests the Government to provide information on the prevention and control activities by the competent authorities in the area of anti-union discrimination, and any awareness-raising activities carried out to inform workers about their rights in this respect. It requests the Government to continue to provide statistics on anti-union discrimination acts reported to the authorities and the decisions taken in this respect.

Article 4. Collective bargaining certification. In its previous comments, noting an absence of any relevant provision in the 2003 Labour Act and the 2007 Labour Regulations, the Committee requested the Government to take the necessary legislative or regulatory measures to determine the procedure to be followed in the event that no consensus is reached between the parties concerning the mode of verification and venue of elections for the determination of the most representative union for the purpose of collective bargaining. The Committee notes the Government’s indications that relevant provisions were introduced in the draft Labour Act. Recalling that the criteria to be applied to determine the representative status of organizations for the purpose of bargaining must be objective, pre-established and precise so as to avoid any opportunity for partiality or abuse, the Committee requests the Government to take the necessary measures to ensure that the procedure concerning the mode of verification and venue of elections for the determination of the most representative union for the purpose of collective bargaining fully complies with the principles of the Convention.

Article 5. Prison staff. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that prison staff enjoyed the right to organize and bargain collectively whether through an amendment to the Labour Act or other legislative means.

The Committee notes the Government’s observation that while this issue was considered in the review of the Labour Act, doubts were raised during tripartite consultations, as prison officers may discharge weapons in the course of their duties, and as the Security and Intelligence Act, 2020 (Act 1030) prevents prison officers from forming a union. The Government also indicates that the question of whether prison officers, immigration officers and non-security officers within the security environment can form or join a union, has been brought before the Supreme Court. The Committee has consistently emphasized that prison staff should enjoy the right to organize and collective bargaining. The Committee would like to recall in this respect that even where employees in the private or the public sector may carry a weapon in the course of their duties, but are not members of the police or the armed forces, they cannot automatically be excluded from the scope of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 170). The Committee requests the Government to take, in consultation with the social partners and other concerned stakeholders, the necessary measures to ensure that prison officers enjoy the protection under the Convention in the new Labour Act to be adopted.

Collective bargaining in practice. The Committee notes the information provided by the Government on the number of collective agreements signed and in force in the country, which does not include the requested information on the sectors concerned and the number of workers covered. The Committee requests the Government to continue to provide information on the number of collective agreements signed and in force in the country and to provide further details in this respect, including as regards the sectors concerned and the number of workers covered.

The Committee expects that its comments will be duly taken into account so as to ensure that the new Labour Act is in conformity with the Convention and requests the Government to provide a copy thereof once adopted. The Committee also requests the Government to provide information on the progress made as regards the revision of the Labour Regulations and reminds the Government of the possibility to seek technical assistance from the Office in this respect.