Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Equatorial Guinea (Ratification: 2001)

The Committee notes with regret that the Government’s report has not been received.

The Committee notes the comments from the International Trade Union Confederation (ITUC) dated 26 August 2009, which refer to the application of the Convention and also to the administrative authority’s persistent refusal to register the Trade Union of Workers of Equatorial Guinea (UST), the Independent Services Union (SIS), the Teachers’ Trade Union Association (ASD) and the Agricultural Workers’ Organization (OTC). According to the ITUC, the administrative authority does not recognize trade unions which are classified as independent and obstructs the registration process. The Committee recalls that the discretionary power of the competent authority to grant or reject a registration request is tantamount to a requirement for previous authorization which is not compatible with Article 2 of the Convention (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 74). The Committee therefore urges the Government once again to register without delay those trade unions which have fulfilled the legal requirements and provide information in this respect in its next report.

The Committee recalls that it has been asking the Government for a number of years to:

–      amend section 5 of Act No. 12/1992, which provides that employees’ organizations may be occupational or sectoral – so that workers may, if they so desire, establish enterprise trade unions;

–      amend section 10 of Act No. 12/1992, which provides that for an occupational association to obtain legal personality it must, inter alia, have a minimum of 50 employees in order to reduce the number of workers required to a reasonable level;

–      confirm that, as a result of a revision of the Fundamental Act in 1995 (Act No. 1 of 1995), the right to strike is recognized in public utilities and is exercised under the conditions laid down by law;

–      provide information on the services deemed to be essential, and on how the minimum services to be ensured are determined, as provided for in section 37 of Act No. 12/1992; and

–      state whether public servants who do not exercise authority in the name of the State enjoy the right to strike (section 58 of the Fundamental Act).

The Committee again urges the Government to take the necessary steps to amend the legislation in order to bring it into full conformity with the provisions of the Convention and to send the information requested. The Committee reminds the Government that it may seek technical assistance from the Office in this respect.

Finally, observing that the Conference Committee on the Application of Standards noted with regret at its 2008 meeting that it had been unable to examine the case of the application of the Convention by Equatorial Guinea due to the fact that the Government was not represented at the Conference, the Committee expresses the strong hope that the Government will take all possible steps without delay to renew constructive dialogue with the ILO.