Documented violations - actual number of cases may be higher
Senegal - 2012
Population:
12,500,000
Capital: Dakar
Capital: Dakar
Two workers’ protests were violently suppressed and an inter-union march was banned. Union representation elections were finally able to go ahead and are expected to contribute to strengthening the trade union movement, which has been weakened over recent years by the proliferation of organisations with little credibility.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
Political tensions were heightened in the run up to the presidential elections, in a country often cited as an example of stability and democracy. Constitutional manoeuvres by 85-year-old President Wade to allow him to stand for a third term in office raised controversy.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
12,500,000
Capital: Dakar
Capital: Dakar
reported violations- 2012
Documented violations - actual number of cases may be higher
Trade union rights in law
Freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
are guaranteed in the Constitution but are marred by a number of restrictions. The Ministry of Interior has discretionary powers to grant or refuse registration of a union, and the registration procedure is often very long. Collective agreements are signed between workers and employers under state arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
.
The right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is heavily restricted, most notably due to a provision in the 2001 Constitution which stipulates that strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action must not infringe upon the freedom to work or jeopardise the enterprise. The authorities also have broad powers to requisition
requisition
To issue back-to-work orders.
workers to replace those on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Restrictions
Legal barriers to the establishment of organizations:
- >Prior authorisation or approval by authorities required for the establishment of a union
- The law provides the Minister of the Interior discretionary powers over whether or not to provide a receipt, based on the provisions of the Code of civil and commercial obligations, recognising the existence of a union after submission of its Constitution.
- >Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
- The procedure is often very long. The submission is made to labour inspectorates which pass it on to the various ministries. The Ministry of the Interior finally provides the receipt following an enquiry.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Others categories
- Minors over 16 years of age may join trade unions unless their membership is opposed by their father, mother or guardian.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Restrictions
Restrictions on the principle of free and voluntary bargaining:
- >Authorities' approval of freely concluded collective agreements
- Collective agreements are signed between workers and employers under State arbitration.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised by law but strictly regulated.
The right to strike is recognised but heavily restricted, notably by a provision in the 2001 Constitution, which stipulates that strike action must not infringe upon the freedom to work or jeopardise the enterprise.
Restrictions
Legal barriers to lawful strike actions:
- >Excessively long prior notice / cooling-off period
- Unions must give 30 days' notice of a strike.
- >Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- The labour authorities must be approached, to provide conciliation, before any strike notice is issued.
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)
- The law states that workplaces, or their immediate surroundings, may not be occupied during a strike.
Undue interference by authorities or employers during the course of a strike:
- >Forcible requisitioning of workers strikers (apart from cases in public essential services)
- The authorities have broad powers to requisition workers from private enterprises, public services and State establishments to ensure the safety of persons and goods, the maintenance of public order, the continuity of public services or to meet the country's essential needs. This is a broad definition that is open to abuse.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
12,500,000
Capital: Dakar
Capital: Dakar
reported violations - 2012
Documented violations - actual number of cases may be higher
In practice
Union representation elections finally held: Senegal’s first union representation elections were held on 20 April with the participation of 18 trade union centres. President Wade declared himself in favour of strong unions, calling on the least representative organisations to join the most powerful ones in the interests of social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
. Unionists considered the holding of these elections to be crucial, as the fragmentation of the trade union movement on account of personal or political interests has led to many trade union rights violations. The trade union centres had moved to have the elections adjourned on several occasions, considering there to be insufficient guarantees to ensure their fairness.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
12,500,000
Capital: Dakar
Capital: Dakar
reported violations - 2012
Documented violations - actual number of cases may be higher
Violations
Inter-union march against high cost of living banned: The authorities banned a nationwide trade union march against the high cost of living scheduled for 28 January, considering it to be “groundless” following the government’s announcement on the reduction in the price of several basic foodstuffs. The Senegalese Human Rights League (LSDH), together with several trade union centres, condemned the “systematic banning of peaceful demonstrations planned by various segments of society, the latest being the march organised by the inter-union body, the Coordination des centrales syndicales”. The trade union movement was calling throughout 2011 for the implementation of the agreement concluded in August 2009 on a rise in pay and a reduction in VAT on “sensitive” products and services.
Postal union meeting violently dispersed: On 26 May, a general meeting of the post and telecommunications union Syndicat national des travailleurs/euses des postes et des télécommunications (SNTPT) was violently dispersed by police and security officers. Ordered to clear the public space, workers meeting in front of the directorate general in Dakar at first refused and then, on being charged at by the police, rushed inside the building where tear gas was fired at them. The SNTPT and the directorate general of postal services have been in dispute since 2010. The union denounced mismanagement and blatant acts of interference by the current director.
Unfair dismissals and arrest at Ciments du Sahel: On 19 September, a sit-in held by workers at the Ciments du Sahel cement plant was violently dispersed by security forces in Kirene. Tear gas was fired at the workers who were refusing to move on. Three strikers were injured. The sit-in had been organised in support of a worker who had been unfairly dismissed and arrested. The management was accusing him of being the author of a “defamatory” leaflet. The Confédération nationale des travailleurs du Sénégal (CNTS) demanded that the employer withdraw the charges, reinstate the worker and immediately engage in serious negotiations with the employees’ representatives. The worker was released at the end of September. He was not reinstated. Nine other employees were also fired for taking part in protest action. In addition, the contracts of workers who had joined the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike were not renewed. Ciments du Sahel employs 800 people and opposes any form of union organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. at the cement plant.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike were not renewed. Ciments du Sahel employs 800 people and opposes any form of union organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. at the cement plant.
Widespread violations during representation and workplace representative elections: The Confédération nationale des travailleurs du Sénégal (CNTS) reported attacks on trade union rights during the union representation elections. At the Soleil Grafisol printing firm, for example, workers were not able to vote because the management had not submitted the lists to the electoral commission. The workplace representatives’ elections, held every three years, also gave rise to blatant violations at several companies, including at security firm Vigassistance, where the management tried to encourage the creation of another list in order to obstruct the union with majority support, the CNTS. On seeing, however, that it was not able to secure enough votes, the management asked the prefect to ban the elections, which he did.
Union-busting in gold mining sector: Since the launch of Sabadola Gold Operations in 2009, the Australian company has been pursuing a range of tactics and acts of intimidation to discourage workers from unionising. These include the employer’s systematic refusal to deduct workers’ union dues from their pay, despite the submission of subscription forms signed by the workers to confirm their union membership.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
12,500,000
Capital: Dakar
Capital: Dakar
reported violations - 2012
Documented violations - actual number of cases may be higher