Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Article 3 of the Convention. Right of organizations to freely organize their activities and to formulate their programmes. Compulsory arbitration. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 19 of the Industrial Court Act 1976, which permits the referral of a dispute to the court by the minister or at the request of one party with the consequent effect of prohibiting strike action. The Committee notes that, while the Government indicates that efforts will continue to bring the Industrial Court Act 1976 into conformity with the Convention, and that section 19 is being considered, it reiterates in its report that it has no intention to change its position as regards the power of the minister to refer a dispute to binding arbitration resulting in a ban on strike action. In this regard, the Committee recalls that compulsory arbitration resulting in a ban on strike action should be limited to strikes in essential services in the strict sense of the term, to public servants exercising authority in the name of the State or to cases of acute national or local crisis, or at the request of both parties. The Committee once again requests the Government to take the necessary measures to amend section 19 of the Industrial Court Act 1976 taking into account the abovementioned principles.

Prohibition of strikes. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 21 of the Industrial Court Act 1976 which permits injunctions against legal strikes when the national interest is threatened or affected. The Committee notes the Government’s indication that efforts will continue to bring the Industrial Court Act 1976 into conformity with the Convention, and that the amendment of section 21 is being considered. In these circumstances, the Committee once again expresses the hope that measures will be taken to amend section 21 of the Industrial Court Act 1976 and requests the Government to communicate any developments in this regard.

Essential services. The Committee had also requested the Government to take the necessary steps to amend the overly broad list of essential services in the Labour Code, in particular with respect to the government printing office and the port authority. In this regard, it had noted the comments of the Government that the government printing office could be excluded from the list of essential services, and that strikes at the port should not be banned, but should be controlled. In this regard, the Committee had recalled that the implementation of a minimum service for workers at the port authority would be in conformity with the Convention. The Committee had further noted that the Government indicated that it had amended the list of essential services in the Labour Code. The Committee notes that the Government indicates in its latest report that amendments to the Labour Code are still being considered by the Cabinet. The Committee expresses the hope that the announced amendments to the list of essential services will be adopted in the near future, so as to eliminate from this list the government printing office and the port authority, which are not essential services in the strict sense of the term, and requests the Government to provide, with its next report, details of these legislative amendments, as well as a copy of the current list of essential services.

Sanctions. In its previous comments, the Committee had requested the Government to take the necessary steps to amend section 20(3), (4) and (7) of the Industrial Court Act 1976 which provide for penalties of imprisonment ranging from three months to two years for participating in strikes or lock-outs declared unlawful under this section. The Committee recalls that no penal sanction should be imposed against a worker for having carried out a peaceful strike and therefore measures of imprisonment should not be imposed on any account. Such sanctions could be envisaged only where during a strike, violence against persons or property or other serious infringements of rights have been committed, and can be imposed pursuant to legislation punishing such acts. Nevertheless, even in the absence of violence, if the strike modalities had the effect of making the strike illegal, proportionate disciplinary sanctions may be imposed against strikers. The Committee notes the Government’s indication that efforts are being made to amend section 20(3), (4) and (7) of the Industrial Court Act 1976. In this context, the Committee expresses the hope that measures will be taken to amend section 20(3), (4) and (7) of the Industrial Court Act 1976, taking into account the abovementioned principles.