Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Dominique (Ratification: 1983)

The Committee notes the information contained in the Government's report.

The Committee recalls that its previous comments referred to the need to amend legislation so that restrictions on the right to strike would only be imposed in the case of essential services, meaning the services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in case of an acute national crisis. The Committee noted that the banana, citrus and coconut industries were included in the schedule of essential services annexed to Act No. 18 of 1986 on industrial relations, making it possible to stop a strike by compulsory arbitration, and that sections 59(1)(b) and 61(1)(c) of this Act empowered the Minister to refer disputes to compulsory arbitration if in his opinion serious questions were in cause.

The Committee notes that the Government reiterates in its last report that the draft bill drawn up with the assistance of the ILO, which envisaged the deletion of the abovementioned sectors from the schedule of essential services and limited the powers of the competent minister to refer a dispute to compulsory arbitration to end a strike, is not yet complete.

The Committee firmly hopes once again that measures will be taken at an early date to bring legislation on industrial relations into full conformity with the principles of freedom of association. It asks the Government to supply information in its next report on all progress in this area and to transmit a copy of the legislation in question.