Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Workers’ organizations comments. In its previous observation, the Committee noted the comments made by the International Trade Union Confederation (ITUC), the National Confederation of Workers of Senegal (CNTS) and the Free Workers’ Union of Senegal (UTLS) referring to the intervention by the security forces during duly authorized protest marches and discriminatory practices in the recognition of unions. The ITUC also denounced the dismissals and suspensions of strikers. The Committee notes that, according to the Government, the dismissals and suspensions took place in the context of an illegal strike; the only constraints to freedom to demonstrate in the National Constitution that would justify calling in the security forces are situations in which they would have to intervene to ensure the respect of honour, the consideration of others or public order; and, finally, that the procedure for the recognition of a trade union is contingent upon the state of the file submitted and economic and fortuitous conditions, rather than constituting an act of discrimination. The Committee recalls that the right to organize union meetings is an essential element of the trade union rights of employers’ and workers’ organizations and that the authorities should refrain from any interference which would restrict this right or impede its legal exercise, unless the exercise of this right endangers public order in a serious and imminent manner. The Committee also recalls that workers and employers should have the right to establish the organizations that they consider appropriate in a climate of security, and any delay caused by the authorities in registering these organizations would constitute a denial of their rights and a violation of the Convention. The Committee trusts that the Government will ensure the full respect of these principles in the future.

Furthermore, the Committee notes the comments dated 31 July 2012 from the ITUC referring to the violent police repression of a general assembly of the National Postal and Telecommunications Workers Union (SNTPTS), held in front of the General Directorate in Dakar. The Committee requests the Government to submit its comments in reply to the allegations made by ITUC.

Bringing legislation into conformity with the Convention. In its previous comments, the Committee noted the Government’s indication that following a study on the compliance of the national legislation with the ILO fundamental Conventions, carried out with the assistance of the Office, measures had been taken to amend the legislation, particularly the Labour Code, with a view to ensuring full compliance with the Convention. The Committee notes that the Government’s latest report reiterates its commitment to amend its legislation on a number of points. Given the time that has elapsed, the Committee notes with regret that no specific measure has yet been taken in this respect and urges the Government to embark upon the necessary consultations without delay with a view to taking measures allowing it to fulfil its commitment. The Committee trusts that the Government’s next report will provide information on the specific measures taken to amend its legislation taking into account the following points.

• -Article 2 of the Convention. Trade union rights of minors. The need to guarantee the right to organize of minors who have reached the statutory minimum age of employment (persons of 15 years of age, according to section L.145 of the Labour Code), and who have access to the labour market both as workers and as apprentices, without parental authorization being necessary.
• -Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization. There is a need to repeal Act No. 76-28 of 6 April 1976 and to amend section L.8 of the Labour Code (as amended in 1997) so as to guarantee to workers and their organizations the right to establish organizations of their own choosing without previous authorization from the Ministry of the Interior. The Committee notes that the Government justifies these provisions once again by maintaining that it is the State’s role to guarantee the security of its citizens by checking the morality and aptitude of candidates for the posts of trade union officials. The Government also refers to the possibility of lodging an appeal to the Supreme Court. The Committee recalls once again that the provisions of Act No. 76-28 of 6 April 1976, as taken up by section L.8 of the Labour Code, infringe Articles 2, 5 and 6 of the Convention by granting the Minister of the Interior a discretionary power to issue a document conferring recognition of the existence of a trade union.
• -Article 3. The right of trade union organizations to exercise their activities in full freedom and to formulate their programmes. The need to take without delay the necessary measures to adopt the Decree implementing section L.276 of the Labour Code in order to establish a list of jobs only authorizing the requisitioning of workers in the event of a strike to ensure the operation of essential services in the strict sense of the term.
• -The need to include a provision ensuring that the restrictions set forth in section L.276 of the Labour Code concerning the occupation of workplaces or their immediate surroundings shall only apply when strikes cease to be peaceful or when respect for the freedom to work of non-strikers and the right of the management to enter the premises of the enterprise are hindered.
• -Article 4. Dissolution by administrative authority. The need to clearly specify that the dissolution of seditious associations, as envisaged by Act No. 65 40, may in no event be applied to occupational trade union organizations.

The Committee urges the Government to take the necessary measures in this respect within the context of its legislative reform.