A/79/159
34. Workers and workers’ organizations also face obstacles in exercising collective
bargaining and the right to strike. In Tajikistan, section 323 (2) of the Labour Code
requires a two-thirds majority to call a strike, which may preclude workers from
striking as the quorum may be difficult to achieve. 125 A similar law exists in the United
Kingdom where at least fifty percent of union members must vote in favour of
industrial action, 126 and Zimbabwe imposes a cumbersome procedure to declare a
strike with a threat of sanctions for non-compliance. 127 Limitations on collective
bargaining and the right to strike were also observed in Cambodia, Ireland and the
Republic of Korea, as well as in Hong Kong, China. 128 Further, excessively broad
prohibitions on certain categories of workers whose services may not necessarily be
deemed essential have been reported in Angola, Albania, Azerbaijan, Benin, Burkina
Faso, Costa Rica, Czechia, Ethiopia and El Salvador. 129
B.
Other human rights abuses suffered by workers and
their representatives
35. Workers and their representatives often face threats, harassment, and violence,
both from State authorities and private actors such as employers. According to ITUC,
trade unionists were killed in eight countries in 2023, workers experienced arbitrary
arrests and detentions in 46 per cent of countries, and 65 per cent of countries denied
or restricted workers’ access to justice. 130 In the Islamic Republic of Iran, workers’
organizations have been prevented from meeting and their members have been
arbitrarily arrested. 131 Harassment, violence, criminal prosecutions and convictions
on such charges as “criminal association”, “hate speech” and “terrorism”, as well as
other suppressive practices against trade union leaders and members have also been
reported in Burundi, Chad, Japan, Guatemala and Togo, 132 and allegations of
extrajudicial killings have been raised in the Philippines and Venezuela (Bolivarian
Republic of). 133 In Sri Lanka, union members have experienced regular surveillance,
union-busting and dismissal from employment, 134 and the use of force against workers
and workers’ organizations engaging in strikes or peaceful demonstrations have been
observed in Cameroon, Indonesia and France. 135
__________________
125
126
127
128
129
130
131
132
133
134
135
24-13043
E/C.12/TJK/CO/4, para. 40.
Trade Union Act 2016.
https://survey.ituc-csi.org/Zimbabwe.html#tabs-2; and submission by Zimbabwe Congress of
Trade Unions.
Submission by International Domestic Workers Federation; E/C.12/KHM/CO/2, para. 30;
CCPR/C/CHN-HKG/CO/4, para. 49; CCPR/C/KOR/CO/5, para. 57; and E/C.12/IRL/CO/4,
para. 32.
CEACR, Direct Request on Angola and Costa Rica (Convention No. 87) adopted 2023, published
112th ILC session (2024), Observation on Albania, Benin, Burkina Faso, Ethiopia, and El Salvador
(Convention No. 87) adopted 2023, published 112th ILC session (2024), available from Normlex
Database; E/C.12/AZE/CO/4, paras. 30–31; E/C.12/SLV/CO/6, paras. 36–37; and
E/C.12/CZE/CO/3, paras. 26–27.
Submission by ITUC; and https://www.ituc-csi.org/2023-global-rights-index-en.
CCPR/C/IRN/CO/4, para. 53.
Submission by Confédération Syndicale des Forces Productives; and E/C.12/TCD/CO/4,
para. 29; CCPR/C/BDI/CO/3, para. 39; and E/C.12/GTM/CO/4, para. 28; E/C.12/TGO/CO/5,
para. 43; and A/HRC/56/55/Add.1, para. 64.
CCPR/C/PHL/CO/5, para. 47; and CCPR/C/VEN/CO/5, para. 13.
A/HRC/51/26/Add.1 para. 74.
Observations on Indonesia (Convention No. 87) adopted 2022, published 111th ILC session
(2023), and on Cameroon (Convention No. 87) adopted 2021, published 110th ILC session (2022)
available from Normlex Database; E/C.12/IDN/CO/2, para. 38; E/C.12/FRA/CO/5, para. 28; and
submission by Force ouvrière.
15/21
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