Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations of the National Confederation of Workers of Senegal (CNTS) and the National Federation of Independent Trade Unions of Senegal (UNSAS), received in August 2022, relating to matters already addressed by the Committee.

Bringing the legislation into conformity with the Convention. While taking note of the information concerning the Labour Code reform process and ILO technical assistance in this regard, the Committee once again notes with deep regret that the Government has not reported any progress in bringing the legislation into conformity with the Convention and has only reiterated that the Committee’s recommendations will be taken into account in the ongoing reform. Consequently, the Committee is bound to recall most of its recommendations and trusts that the reform under way will, in the near future, give full effect to the provisions of the Convention.

Article 2 of the Convention. Trade union rights of minors.The Committee urges the Government to report on any progress made in amending section 11 of the Labour Code to allow minors to freely join trade unions, once they have reached the minimum age for access to employment, as provided for in the Labour Code.

Articles 2, 5 and 6. Right of workers to establish organizations of their own choosing without previous authorization.The Committee urges the Government to take without delay measures to repeal the legislative provisions that restrict the freedom of workers to establish organizations of their own choosing (provisions of Act No. 76-28 of 6 April 1976, incorporated in section L.8 of the Labour Code), and particularly the provisions concerning the morality and aptitude of trade union leaders or those which grant de facto to the authorities the discretionary power of previous authorization, which is contrary to the Convention.

Article 3. Right of trade union organizations to exercise their activities in full freedom and to formulate their programmes. Requisitioning in the event of a strike. The Committee urges the Government to take the necessary measures to ensure that the implementing Decree of section L.276 of the Labour Code authorizes the requisitioning of workers only to ensure the operation of essential services in the strict sense of the term.

Occupation of workplaces in the event of a strike.The Committee urges the Government to take the necessary measures to limit the restrictions provided for in section L.276 of the Labour Code to ensure that they only apply in cases 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 Committee urges the Government to take the necessary measures to amend the legislation such that the dissolution of seditious organizations, provided for by Act No. 65-40 of 22 May 1965 on associations, may in no event be applied to professional organizations.

Trade union rights of customs workers. Referring to the recommendations of the Committee on Freedom of Association in case No. 3209 (384th Report, March 2018), the Committee once again requests the Government to indicate the measures taken or envisaged to amend section 8 of Act No. 69-64 (the Customs Staff Regulations Act) in order to remove any obstacles to the exercise of trade union rights.