Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Sénégal (Ratification: 1960)

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

The Committee recalls that its previous comments concerned the discrepancies which exist between the national legislation and the guarantees set out in the Convention, namely:

-  legal restrictions on the right of young persons to join a trade union;

-  legal restrictions on the establishment of organizations without previous authorization;

-  the broad powers conferred upon the authorities to requisition workers who are on strike outside the essential services in the strict sense of the term; and

-  the power of the public authorities to dissolve trade unions by administrative authority.

1.  Trade union rights of young persons.  The Committee emphasizes once again that section L.11 of the Labour Code (as amended in 1997) provides that young persons aged over 16 years may join trade unions, unless their membership is opposed by their father, mother or guardian.

While noting that, according to the Government, this provision corresponds to a duty of the family to protect the interests of the child, the Committee observes that the Convention does not authorize any distinction based on these grounds (see the General Survey on freedom of association and collective bargaining, 1994, paragraph 64). It takes due note of the information provided by the Government in its report to the effect that it is prepared to amend the legislation but that, to do so, it must await the completion of the deliberations of the working groups entrusted with the preparation of the legal texts to be issued under the Labour Code. The Committee requests the Government to amend the legislation as soon as possible in order to bring it into conformity with the Convention.

2.  Articles 2, 5 and 6 of the Convention. Right of workers to establish organizations of their own choosing without previous authorization.  The Committee recalls the need to repeal Act No. 76-28 of 6 April 1976, which confers discretionary powers on the Minister of the Interior with regard to issuing a receipt recognizing the existence of a trade union.

The Committee emphasizes with regret that section L.8 of the Labour Code, as amended in 1997, reproduces the substance of the provisions of the Act of 1976 requiring previous authorization from the Minister of the Interior for the establishment of trade unions, federations and confederations. The Committee emphasizes the importance that it attaches to compliance with Articles 2, 5 and 6 of the Convention, which guarantee workers and workers’ organizations the right to establish organizations of their own choosing without previous authorization. The Committee notes the information provided by the Government in its report to the effect that it is prepared to amend the legislation after the completion of the deliberations of the working groups entrusted with preparing the texts to be issued under the Labour Code. It once again requests the Government to repeal as soon as possible the requirement for previous authorization contained in section L.8 of the Labour Code and to inform it of all measures taken to this effect.

3.  Requisitioning.  The Committee notes once again that section L.276 grants the administrative authorities broad powers to requisition workers from private enterprises and public services and establishments who occupy posts considered essential for the safety of persons and goods, the maintenance of public order, the continuity of public services or meeting the country’s essential needs.

Noting that, according to the Government, the power of requisition makes it possible in cases of overriding necessity to ensure the functioning of essential services and the safety of persons and goods, the Committee once again requests the Government to provide a copy of the decree made under section L.26 containing the list of essential services so that it can ensure that it is compatible with the principles of freedom of association. The Committee recalls once again that the requisitioning of workers as a means of settling labour disputes could involve abuses. Such action is to be avoided except where, in particularly serious circumstances, essential services have to be maintained. In the opinion of the Committee, requisitioning may be justified only in services the interruption of which would endanger the life, personal safety or health of the whole or part of the population, or in the event of an acute national crisis. It notes that the Government is prepared to amend the legislation after the completion of the deliberations of the working groups entrusted with preparing the texts to give effect to the Labour Code. The Committee requests the Government to take the necessary measures in the near future to ensure that its legislation is in full conformity with the Convention.

The Committee also recalls that section L.276 in fine provides that workplaces or the immediate surroundings thereof may not be occupied during a strike, under penalty of the sanctions provided for in sections L.275 and L.279. The Committee has already indicated to the Government that restrictions on workplace occupations should be limited to cases where the action ceases to be peaceful (see the General Survey, op. cit., paragraph 174).

4.  Article 4. Dissolution by administrative authority.  The Committee recalls the need to amend the national legislation with a view to protecting trade union organizations against dissolution by administrative authority (Act No. 65-40 of 22 May 1965), in accordance with Article 4 of the Convention.

The Committee had noted that section L.287 of the Labour Code of 1997 did not explicitly repeal the provisions respecting administrative dissolution contained in the 1965 legislation. The Committee reminded the Government that it would be preferable to incorporate in a law or regulations a provision explicitly stating that the measures respecting administrative dissolution contained in Act No. 65-40 respecting associations do not apply to trade union organizations. The Committee notes that the Government is prepared to amend the legislation, but that it must await the completion of the deliberations of the working groups entrusted with the preparation of texts to be issued under the Labour Code before amendments can be made to the labour legislation. The Committee hopes that measures will be taken in the near future and it requests the Government to include in its next report any information on practical measures taken to this effect.

The Committee once again expresses the firm hope that the Government will take all the necessary measures in the near future in the light of the above comments to bring its legislation into conformity with the Convention. It requests the Government to keep it informed in its next report of any progress achieved in this regard and to provide copies of any amendments made to the legislation and full particulars on its application in practice.