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

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Chad (Ratificación : 1960)

In its previous comments, the Committee requested the Government to take measures to amend section 11(3) of Act No. 008/PR/007 of 9 May 2007, which imposes the requirement to declare the “possible” duration of a strike, and sections 20 and 21, under which the public authorities have discretion to determine the minimum services and the number of officials and employees who will ensure their maintenance in the event of a strike in the services enumerated in section 19. The Committee notes the Government’s indication that with the technical assistance of the Office, it decided to undertake a revision of Act No. 032/PR/2016 of 31 December 2016, amending Act No. 008/PR/007. However, the Committee notes that the above sections of Act No. 008/PR/007 have not been amended by Act No. 032/PR/2016. The Committee urges the Government to take measures for the amendment of these legislative provisions with a view to ensuring that:

• trade unions are able to call strikes of unlimited duration if they so wish; and
• the maintenance of minimum services in the event of a strike should only be possible in the following situations: (i) in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (or essential services “in the strict sense of the term”); (ii) in services which are not essential in the strict sense of the term, but in which strikes of a certain magnitude and duration could cause an acute crisis threatening the normal conditions of existence of the population; or (iii) in public services of fundamental importance. Such a minimum service should meet at least two requirements: (i) it must genuinely and exclusively be a minimum service, that is one which is limited to the operations which are strictly necessary to meet the basic needs of the population or the minimum requirements of the service, while maintaining the effectiveness of the pressure brought to bear; and (ii) since this system restricts one of the essential means of pressure available to workers to defend their economic and social interests, their organizations should be able, if they so wish, to participate in defining such a service, along with employers and the public authorities (see General Survey of 2012 on the fundamental Conventions, paragraphs 136 and 137).

The Committee requests the Government to provide information on any measures adopted in this regard.