Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the Government’s report and regrets to note that it does not reply to the issued raised. The Committee notes that the World Confederation of Labour (WCL) and the General Union of Workers of Sao Tome and Principe (UGT-STP) sent comments on the application of the Convention which refer mainly to the outstanding issues.

The Committee recalls that it has been commenting for a number of years on the need for the Government to take steps to amend the provisions of Act No. 4/92 which refer to the following issues:

–      the majority required for calling a strike is too high (section 4 of Act No. 4/92);

–      with regard to minimum services, it is important, in the event of disagreement in determining such services, that the matter be settled by an independent body and not by the employer (section 10, paragraph 4, of Act No. 4/92);

–      the hiring of workers without consultation with trade unions concerned to perform services essential to maintain the economic and financial viability of the enterprise should it be seriously threatened by a strike (section 9 of Act No. 4/92);

–      compulsory arbitration for services which are not essential in the strict sense (services whose interruption might endanger the life, personal safety or health of the whole or part of the population) (postal, banking and loan services; section 11 of Act No. 4/92).

The Committee asks the Government to take steps to amend the abovementioned legislative provisions so as to bring the legislation into line with the Convention, and to inform it, in its next report, of any measures adopted in this regard.

The Committee asks the Government, once again, to state whether public employees have the right to organize, and to indicate the applicable provisions in this respect. Finally, the Committee also asks the Government to indicate whether federations and confederations are able to exercise the right to strike.