Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Chad (Ratification: 1960)

The Committee notes the Government's statements in its report and the comments of the National Labour Union of Chad (UNST) of 16 May 1989. It notes with interest the adoption of the new Constitution, which was enacted by Decree No. 1.036/PR/89 of 20 December 1989. The new Constitution guarantees in section 66 the right to organise and repeals in section 213 any previous provision which run counter to this right. According to the Government, this constitutional guarantee implicitly repeals the legislative texts referred to in the Committee's comments, namely: Ordinance No. 30 of 26 November 1975 suspending all strike action throughout the country; Ordinance No. 001 of 8 January 1976 prohibiting public and similar employees from exercising the right to organise; section 36(2) of the Labour and Social Welfare Code which prohibits all political activity by trade unions.

While noting these statements, the Committee observes, however, that this provision of the Constitution lays down that the right to organise shall be exercised in accordance with the law. In order to avoid any dispute of a legal nature, the Committee considers that it is necessary explicitly to repeal the above texts and welcomes the fact that, according to the comments submitted by the National Labour Union of Chad, a decision has been taken, following discussions with the Government, to repeal them. In these circumstances, the Committee requests the Government to supply copies of the texts repealing these instruments in its next report.

Furthermore, in this new context, the Committee requests the Government to indicate in its next report whether the draft Labour Code, formulated with the technical assistance of the ILO, and the draft Ordinance issuing the general conditions of service of the public service - sections 9 to 11 of which concern trade union rights - have been adopted and, if so, to supply copies of the texts published in the Official Journal.

As regards the question of the right to strike, the Committee notes that, according to the Government, this right has been re-established by the implicit repeal of the Ordinance of 1975. In this connection, the Committee is addressing a direct request to the Government concerning the provisions of the draft Labour Code respecting the procedure for the settlement of industrial disputes and the right to strike.