Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Papua New Guinea (Ratification: 2000)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

In its previous comments, the Committee had expected that the final version of the Industrial Relations Bill would take into account comments provided in the past on the different versions of the Bill, including with respect to the need to repeal or amend the following sections of the Industrial Organizations Act: (sections 35(2)(b) (qualifications for trade union membership); 22(1)g (refusal of registration to an industrial organization); 55 (cancellation of an industrial organization’s registration); 39(1)(b) and (d) (qualifications for serving as an officer of an industrial organization); 39(4) (removal of trade union officers); and 5(1), 40, 58 and 60(1)(b) (granting excessive powers to the registrar to investigate union accounts and demand information).

The Committee notes the Government’s indication that the latest draft of the Industrial Relations Bill is undergoing final technical consultations with the national stakeholders and the ILO. The Committee notes that the Government hopes that the outcome of the consultations will pave the way for the submission of Industrial Relations Policy to Parliament and the submission of the Bill to the Office of the Solicitor General for issuance of the Certificate of Necessity. The Committee also notes the Government’s indication that sections 39(1)(b) and (d), 39(4), 5(1), 40 and 60(1)(b) of the Industrial Organizations Act have remained unchanged in the latest draft but that the discrepancies in these provisions are being considered. The Committee further notes the Government’s indication that sections 22(1)(g), 35(2)(b) and 55 of the Industrial Organizations Act have been redrafted in the latest version of the Industrial Relations Bill.

Observing that in order to assess their conformity with the Convention, the draft provisions should be read together with the text of the legislation as a whole, the Committee requests the Government to provide the latest version of the Industrial Relations Bill and encourages the Government to continue to avail itself of the technical assistance of the Office so as to ensure that the final draft before Parliament will be in full conformity with the Convention. The Committee requests the Government to provide information regarding any further legislative developments.