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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Vanuatu (Ratification: 2006)

The Committee notes the observations of the International Organisation of Employers (IOE) received on 29 August 2025, which are of a general nature.

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 agree on the way forward during a tripartite ILO workshop and a session of the Tripartite Labour Advisory Council (TALC), both held in July 2025. In relation to the Employment Act, the Committee further notes the Government’s indication that it will be reviewed by incorporating provisions of a previous Employment Relations Bill that the Committee considered would have satisfactorily addressed a number of legislative provisions raising issues of compatibility with the Convention. 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. Further observing the Government’s request for ILO technical assistance to undertake the labour law review, the Committee trusts that the legislation will be amended in consultation with the social partners and technical assistance of the Office so as to address the following points:

• Article 2 of the Convention. Right of employers and workers to establish and join organizations. Prison service workers. The Committee previously noted with interest that, since 2016, prison service workers, who were excluded from the TUA, were covered by the Public Service Act and could belong to a Public Service Staff Association or organization representing the interests of employees. The Committee welcomes the Government’s indication that the TUA amendment will expressly cover public servants and prison service workers.
• Excessive powers of the Registrar. The Committee previously noted the need to amend the TUA in relation to the Registrar’s power to refuse registration on the grounds that a union is “formed or likely to be used for unlawful purposes” or if “some other trade union already registered is adequately representative of the whole or of a substantial proportion of the interests in respect of which the applicants seek registration”, to ensure that trade union pluralism is possible in all cases. The Committee welcomes the Government’s indication that these issues will be reflected in the planned 2026 TUA amendment.
• Employers’ right to establish and join organizations of their own choosing. The Committee previously noted the lack of legal recognition of employers’ right to establish and join organizations of their own choosing, and the legislative requirement of compulsory membership in the Vanuatu Chamber of Commerce and Industry (VCCI) and requested the Government to amend the legislation to ensure that employers have the right to join and establish organizations of their own choosing. The Committee takes note of the Government’s commitment to addressing these matters in the planned 2026 TUA amendments.
• Articles 3 and 5. Right of organizations to organize their administration and activities and to formulate their programmes. Right of organizations to affiliate with international organizations of workers and employers. The Committee previously raised issues of compatibility with the Convention of a number of legislative provisions (paras 11 and 18–21 of the Schedule of the TUA, sections 24, 26, 27, 32, 33, 37 and 50 of the TUA and sections 26–29 and 34 of the Trade Disputes Act) relating to the right of organizations to organize their administration and activities (full details can be found in the Committee’s previous comment). The Committee notes the Government’s indication that the above issues will be addressed in the 2026 TUA legislative review and the 2025 amendments of the Trade Disputes Act.