Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Vanuatu (Ratification: 2006)

Legislative developments. The Committee previously requested the Government to provide its comments on the 2024 observations of the Vanuatu Trade Union Combine (VTUC), which alleged the need to revise a number of legislative texts, including the Trade Unions Act (TUA), the Employment Act and the Trade Disputes Act, to bring them into conformity with the Convention. The Committee welcomes the Government’s indication that all three Acts are currently under review and that the social partners were able to discuss pending issues and agreed on the way forward during a tripartite ILO workshop and a session of the Tripartite Labour Advisory Council (TLAC), both held in July 2025. Taking note of these initiatives, the Committee trusts that the labour law review will contribute to ensuring full compliance of the labour legislation with the Convention, in line with the comments below, and requests the Government to provide copies of the above Acts once amended.

Articles 1, 2 and 3 of the Convention. Adequate protection against acts of anti-union discrimination and interference. In its previous comments, the Committee requested the Government to take the necessary measures to extend protection against anti-union discrimination to acts calculated to cause dismissal or otherwise prejudice workers (for example, through transfer, relocation, demotion or withdrawal of benefits) by reason of union membership or participation in union activities, and to ensure that prohibited interference covers acts aiming to place workers’ organizations under the control of employers or employers’ organizations by financial or other means (sections 52 and 53 of the TUA). While noting the Government’s indication that the TLAC agreed to amend section 50 of the Employment Act to reflect Article 3 of the Convention, the Committee observes that the Government’s reply does not fully address the issues previously raised by the Committee regarding the scope of protection in the TUA. The Committee therefore requests the Government to take all necessary measures to ensure that the ongoing legislative review addresses these concerns and brings the legislation into conformity with the Convention by giving full effect to the obligation to protect against anti-union discrimination and interference. The Committee requests the Government to provide information on any developments in this regard.

Article 4. Promotion of collective bargaining. The Committee previously noted the absence of legal provisions on collective bargaining in the public and private sectors and requested the Government to provide information on measures taken to regulate and promote collective bargaining in the country. The Committee welcomes the Government’s indication that the TLAC agreed to amend section 50 of the Employment Act to address the right to collective bargaining and notes from the Government’s report under the Freedom of Association and the Right to Organise Convention, 1948 (No. 87), that the Employment Act will be reviewed by incorporating provisions from a previous Employment Relations Bill that the Committee considered contained provisions to regulate collective bargaining and gave effect to the principle of negotiations in good faith. The Government adds that, during the upcoming legislative review, provisions on collective bargaining will also be inserted in the TUA and the Trade Disputes Act. Further observing the need for a well-structured procedure for collective bargaining, called for by the Vanuatu Chamber of Commerce and Industries during the July 2025 TLAC meeting, the Committee trusts that the ongoing legislative review will result in the recognition and promotion of the principle of free and voluntary collective bargaining in the country and requests the Government to provide information on any progress made in this regard.

Articles 5 and 6. Scope of the Convention. The Committee previously welcomed the Government’s indication that it was considering removing prison service from the exclusions to the scope of application of the TUA (section 55). Welcoming the Government’s confirmation that the TLAC agreed to review the TUA in 2026 so as to bring section 55 of the TUA into conformity with the Convention, the Committee requests the Government to provide information on any progress made.

Application of the Convention in practice. The Committee notes the Government’s indication that four collective agreements are currently in force at a water and electricity company, in a hotel resort, in the parliament and at a university. The Committee requests the Government to continue to provide statistical information on collective bargaining in the country, in particular on the number of collective agreements concluded and in force, the sectors concerned and the number of workers covered.