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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Senegal (Ratification: 1960)

The Committee notes the observations of the National Federation of Independent Trade Unions of Senegal (UNSAS), received with the Government’s report, and the Government’s comments in this respect.

Bringing the legislation into conformity with the Convention. The Committee notes the information provided in the Government’s report on the reform of the Labour Code. It notes that the preliminary draft Labour Code (validated by the National Labour and Social Security Advisory Council) is awaiting adoption by the Council of Ministers, before being submitted to the National Assembly for adoption.

In this context, the Committee recalls that it asked the Government to take the following measures:

• amend section 11 of the Labour Code to allow minors to freely join trade unions, once they have reached the minimum age for access to employment, as provided for in the Labour Code;
• repeal the legislative provisions that restrict the freedom of workers to establish organizations of their own choosing (provisions of Act No. 76-28 of 6 April 1976, incorporated in section L.8 of the Labour Code), and particularly the provisions concerning the morality and aptitude of trade union leaders or those which grant de facto to the authorities the discretionary power of prior authorization;
• limit the restrictions provided for in section L.276 of the Labour Code to ensure that they only apply in cases when strikes cease to be peaceful or when respect for the freedom to work of non-strikers and the right of the management to enter the premises of the enterprise are obstructed;
• ensure that the decree implementing section L.276 of the Labour Code authorizes the requisitioning of workers only to ensure the operation of essential services in the strict sense of the term;
• amend the legislation such that the dissolution of seditious organizations, provided for by Act No. 65-40 of 22 May 1965 on associations, may on no account be applied to professional organizations.

The Committee notes the Government’s indications in relation to each of the above-mentioned points that provisions would be established to this effect in the preliminary draft Labour Code. The Committee also notes the Government’s indications that it is planned to wait until the Labour Code has been adopted before proceeding with the adoption of the implementing legislation.

The Committee notes the observation of UNSAS concerning the difficulties encountered by the unions to obtain their receipt of recognition because of administrative delays, and also the Government’s reply that the preliminary draft Labour Code will provide solutions to these issues.

The Committee also notes the concerns expressed by UNSAS regarding the requisitioning of strikers and the need for social dialogue to define essential services in the decree implementing section L.276 of the Labour Code, which the Government states is being amended, so that the requisitioning of workers is only authorized to ensure the operation of essential services in the strict sense of the term. The Committee notes the Government’s indications that the decree will be submitted, as required by law, to the National Labour and Social Security Advisory Council for its opinion.

Trade union rights of customs staff. The Committee recalls that it asked the Government to amend section 8 of Act No. 69-64 of 30 October 1969 issuing the customs staff regulations, which provides that “customs staff of all grades on active service, secondment or standby are permanently subject to the following rules: […] they are not eligible; they do not have the right to strike or any trade union rights; their freedom of expression, movement, assembly and association is limited by decree according to the needs of the service”. In this regard, the Committee notes with regret the Government’s indication that it has still not adopted any such measures. It once again requests the Government to indicate the steps taken or envisaged to amend section 8 of Act No. 69-64 issuing the customs staff regulations, in order to remove any obstacles to the exercise of trade union rights.

Recalling its previous recommendations, the Committee trusts that the reform in progress will enable full effect to be given in the near future to the provisions of the Convention. Noting that the Office has already provided support in the context of the reform of the Labour Code, the Committee reminds the Government that it may avail itself of ILO technical assistance with respect to the revision of the implementing legislation.