2008 Annual Survey of violations of trade union rights - Equatorial Guinea
|Publisher||International Trade Union Confederation|
|Publication Date||20 November 2008|
|Cite as||International Trade Union Confederation, 2008 Annual Survey of violations of trade union rights - Equatorial Guinea, 20 November 2008, available at: http://www.refworld.org/docid/4c52ca9328.html [accessed 7 May 2016]|
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182
The exercise of trade union rights is so limited as to be almost meaningless and the authorities persist in refusing to recognise any unions they consider to be too "independent". The right of workers in public administration to form trade unions has yet to be recognised in law.
Trade union rights in law
Obstacles to freedom of association: The Constitution provides for the right to establish trade unions. According to the 1992 law on trade unions, however, a union must have at least 50 members from the same workplace and the same geographical area in order to register, effectively blocking union organisation. Section 6 of Act No. 12/1992 stipulates that "the unionisation of public administration officials will be governed by a specific law", which has still not been adopted.
The right to strike and to collective bargaining exist, but there are no provisions protecting workers from acts of anti-union discrimination.
The government ratified several ILO core conventions in 2001, but it has still not adapted its legislation accordingly, despite requests from the ILO.
Trade union rights in practice and Violations in 2007
Background: Despite being the third largest producer of crude oil in Sub-Saharan Africa, the oil profits are only benefiting a tiny section of the population, which is generally suffering from the spiralling prices of essential products. The dictatorship and nepotism have persisted. A mission by the UN High Commissioner for Human Rights reported its "profound concern" regarding the conditions faced by prisoners.
Union recognition denied: Despite its legislation, the government does not recognise "independent" trade unions. The authorities have consistently refused to register the Unión Sindical de Trabajadores de Guinea Ecuatorial (UST, Workers' Union of Equatorial Guinea), which cannot therefore operate openly. The authorities also refused to legalise the public sector union, the Sindicato Independiente de Servicios (SIS, Independent Services Union). Although it met all the registration requirements, the government objected to the term "independent" in its title. Two other unions, both affiliates of the UST, the Asociación Sindical de Docentes (ASD, Teachers' Union) and the Organización de los Trabajadores del Campo (OTC, Organisation of Rural Workers), have also been denied recognition, on a technicality regarding their by-laws. Furthermore, when a notary was asked to certify their by-laws so that the unions could meet the registration requirements he reportedly refused, stating that trade unions did not exist in Equatorial Guinea.
When workers try to form trade unions, the police visit their homes and intimidate them.
Obstacles to union organisation: Although the law provides for the right to organise and bargain collectively, the government places practical obstacles in the way of groups trying to organise.
The government and employers set wages, with little or no dialogue with workers. There has been no evidence of any bargaining, however the Labour Ministry does sometimes mediate in labour disputes.
Workplace hazards – protestors risk dismissal: The Labour Code provides for protection for workers from occupational hazards, but since in practice there are no trade unions, employees who protest against unhealthy or dangerous working conditions risk losing their jobs.